evaluate the view that the weaknesses of the US constitution outweigh its strengths and that it is no longer fit for purpose (30 marks)

Question 1

The constitution is hard to amend: strengths

Answer 1

• protects constitution from short term trends
• it would prevent ill thought out amendments, like the 18th amendment (prohibited the sale, transport and manufacture of alcohol). this was later on repealed by the 21st amendment

Question 2

The constitution is difficult to amend: weaknesses

Answer 2

• the need for supermajorities has made it almost impossible to amend the constitution
• over 12,000 amendments have been proposed and only 27 have been successful
• it also prevents the constitution from evolving alongside society
• e.g the second amendment (right to bear arms) is hard to change - school shootings

Question 3

vagueness of the constitution: strengths

Answer 3

• allows the SC to make interpretations insuring it remains relevant today
• Roe V Wade: right to abortion
• Obfergell V Hodges: the 14th amendment guarantees same sex couples the right to marry
• Carpenter v United States: aquiring cell phone location data requires a warrant

Question 4

vagueness of the constitution: weaknesses

Answer 4

• it has allowed broader interpretation of the constitution
• the vagueness of article IIhas allowed the president to dominate, especially with foreign policy.

Question 5

protection of rights: strengths

Answer 5

• The Bill of Rights and the 14th Amendment give legal protection to citizens
• religious freedom, the right to bear arms and protection of accused citizens are good examples of liberty being protected and protecting citizens from government control
• the entrenchment makes rights more secure
• Obfergell v Hodges and Carpenter v United States are good examples of expanding protection of rights
• fifteenth amendment: right to vote to everyone

Question 6

protection of rights: weaknesses

Answer 6

• minority groups like black americans, hispanics etc are still fighting for racial equality
• George Floyd: largest BLM movement of all time- the US is still racist
• the death penalty violates the eighth amendment (punishments should not be cruel and unusual)