Interpretation and Debates Around the US Constitution and Federalism Flashcards
What arguments are there that the difficulty around amending the constitution is a strength? - Debates and Interpretations
The constitution may still be amended within reason to improve sustainability of the US, short term demands and aims unlikely to be achieved with the constitution, rights are effectively enshrined by the constitution and are difficult to overturn (remaining enforced and preserved by the SC).
What arguments are there that the difficulty to amend the constitution is a weakness? - Debates and Interpretations
The difficulty in amending the constitution has allowed outdated and unsuitable amendments to remain, supermajorities restrict amendments from being passed, the will of the people is ignored if a majority is achieved but no supermajority, the Founding Fathers favoured constitutional amendments to adapt to changing situations.
What % of constitutional amendments have successfully been passed and ratified? - Debates and Interpretations
Only 0.2% of all constitutional amendments have been passed and ratified.
What arguments are there that the constitution’s vagueness is a strength? - Debates and Interpretations
The Supreme Court is able to produce interpretative amendments to ensure the relevance of the constitution in the modern day. This also means that implied powers can be used by the federal government to allow it to fulfill a complete and active role as a government rather than being limited to extremely few powers.
What examples are there of interpretative amendments ensuring that the constitution remains relevant to the modern day? - Debates and Interpretations
Roe v Wade - secured the right to abortion by approving its constitutionality.
Obergefell v Hodges - secured right to same-sex marriage under the 14th Amendment.
Carpenter v United States - ruled that acquiring mobile phone data was a 4th Amendment search, requiring a warrant.
What arguments are there that the constitution’s vagueness is a weakness? - Debates and Interpretations
Some more conservative groups argue that the constitution should be amended rather than manipulated through interpretative amendments, the vagueness of Article II of the constitution has allowed the President to dominate US Government (at the expense of Congress), a broader interpretation of the constitution than originally envisaged is occurring.
What arguments are there that the constitution’s protection of rights is a strength? - Debates and Interpretations
The 1789 Bill of Rights sets out entrenched provisions to protect the rights of citizens and their individual freedoms. These rights also protect against excessive government control. The 15th Amendment expanded voting rights to all citizens, the Bill of Rights protects individual freedoms, interpretative amendments (Brown v Board etc) have guarded rights.
What arguments are there that the constitution’s protection of rights is weak? - Debates and Interpretations
People not all equal under the constitution, with USA still fraught with racial injustice (George Floyd). Constitution doesn’t prevent death penalty, has permitted slavery, has allowed interpretative amendments to undermine rights (Shelby County v Holder offsetting protection of voting rights).
What arguments are there that the separation of powers is a strength of the constitution? - Debates and Interpretations
The separation of powers has created largely independent and autonomous state governments that are free of federal interference, checks and balances prevent government tyranny, requires that bipartisan cooperation takes place across branches of government in order to legislate at times of divided government (increasing consensus and compromise).
What arguments are there that the separation of powers is a weakness of the constitution? Debates and Interpretations
The federal government now has excessive control over the states, the President has excessive power over foreign policy, bipartisanship has faltered and given way to polarisation and partisanship (making it difficult to legislate), united government creates weaker scrutiny, government shutdowns have occurred when Congress and Executive have failed to agree budgets.
What % of bills became law in the 1980s? What % of bills become law now due to partisanship? Debates and Interpretations
6-7% of bills became law in the 1980s, with this declining to 2-3% nowadays due to partisanship.
How were elected bodies and elections limited in democracy by the original constitution? How has this changed over time? - Debates and Interpretations
The Senate used to not be elected, while the electorate was limited to white, property-owning males. Over time, this electorate has expanded (extended to all citizens), while the Senate is now also a directly elected body.
How was state representation limited in democracy by the original constitution? How has this changed over time? - Debates and Interpretations
State representation initially based on a population calculation where slaves were counted as 3/5 of a person instead of as a whole individual. However, over time, slavery has been abolished and former slaves have become citizens. Voter qualifications ended.
How was the appointment of a Senate limited by the original constitution? How has this changed over time? - Debates and Interpretations
The Senate was previously appointed by state legislatures rather than being directly elected, meaning that an entire legislative body was unelected and had significant influence. The 17th Amendment created the direct election of the Senate following widespread disconnection between the body and the people.
How was the election of a President democratically limited in the original constitution? How has this changed over time? - Debates and Interpretations
The President was elected by an electoral college appointed by state legislatures under the original constitution, placing major power in the hands of an unelected few. This has since changed to a system where state legislatures directly elect their electoral college voters, meaning that a result more closely matches the popular vote.
