Evaluate The View That The US Constitution Is Democratic.(30)

Question 1

Para 1 - The Amendment Process
- For: The US Constitution is Democratic

Answer 1

• The amendment process protects against reforms to the constitution that aren’t widely supported across the US population.
  –(Example): The amendment process guarantees this through requiring supermajorities. The proposal stage requires 2/3 support from both Houses of Congress, whilst the ratification stage requires a majority vote in 3/4 of state legislatures
• Prevents ill thought out amendments that threaten the rights of population being passed against their will
  –(Example): The first amendment guarantees freedom of speech,religion, press and assembly, this has been protected by the difficult amendment process from proposed amendments that threaten it, – Such as the Flag desecration Amendment, which would’ve banned burning the US Flag.

Question 2

Para 1 - The Amendment Process
- Against: The US Constitution Isn’t Democratic

Answer 2

• Requirements for supermajorities allow a small majority either in Congress or in the states to block amendment proposals that have majority support in Congress and across the population
  –(Example): Equal Rights Amendment, proposed by Congress with supermajorities in the 1970’s had major support across the US population, but failed to reach the 3/4 of states needed to amend the constitution.

Question 3

Para 2 - Its Role in Preventing Tyranny
- For: The US Constitution is Democratic

Answer 3

• US Constitution is democratic as its separation of powers and system of checks and balances prevent any branch becoming tyrannical and threatening democracy
• Separation of Powers is a key principle and feature of the US constitution.
  –(Example): The founding fathers sought to prevent tyranny and any branch having too much power between the 3 branches of government: Congress, Presidency and Supreme Court, ensuring they need to work together to make major decisions, rather than power being concentrated in one branch

–(Example) - The President has important check on Congress legislative power, due to veto bills passed by Congress
- Obama vetoed 12 bills & Trump 10 - Trump vetoed the Iran War Powers resolution, which would’ve limited the Presiden’ts authority to use military force against Iran without congressional approval - Congress can’t extend its powers and threaten democracy in the US

Question 4

Para 2 - It’s role in Preventing Tyranny - Against

Answer 4

• The vagueness facilitated the growth in federal gov power which threatened the rights and freedoms of citizens and states in the US
• Broad interpretation of federal power led to significant expansion of federal power in areas of policy traditionally controlled by the states
  – (Example): Great Society programme increased federal spending hugely for a programme of economic reforms and welfare schemes to tackle poverty, poor medical care and poor housing
  – It introduced Medicare; a federal healthcare programme for over 65’s and mandated the states to help implement it, reflecting how federal gov drove welfare policy
• vagueness of constitution = undemocratic and fails to protect democratic rights of citizens and state effectively, facilitating the growth of the federal government.

Question 5

Para 3 - Elections in the Constitution
- For: The US Constitution is Democratic

Answer 5

• Regular elections ensures that the electorate is able to regularly vote out politicians if they’re deemed to have failed to represent them effectively
• (Example): Members of House of Representatives are elected every 2 years, ensuring the y’re highly responsive to the needs and wishes of their constituents
  – (Example): President is elected separately enhances democracy by allowing the US population to vote for both the legislature and head of executive
• Each state has decided their own rules on various aspects of voting
  –(Example): In Vermont, prisoners never lose their right to vote even when incarcerated, whilst in Illinois and Hawaii, prisoners lose the right to vote whilst incarcerated

Question 6

Para 3 - Elections in the Constitution
- Against: The US Constitution isn’t Democratic

Answer 6

• Presidential election using electoral college system is outdated and undermines democracy in the US
• Winner of Presidential Election has to win the most electoral college votes, rather than most votes overall, candidate can win Presidency whilst losing the popular vote.
  –(Example): 2016 and 2020 Trump won all Florida’s 29 electoral votes by winning the state’s popular vote

Question 7

Overall Argument

Answer 7

In conclusion, it is clear that the the US constitution is undemocratic.
Even though it is effective at protecting any one branch from becoming tyrannical, the very
difficult amendment process undermines democracy by preventing changes to the constitution
that the majority of the population support, undemocratic aspects of the constitution such as the electoral college