is the constitution an obstacle to effective government Flashcards

1
Q

introduction

A
  • constitution is an obstacle to effective government because it means government is excessively obstructive most of the time and too compliant for the rest
  • although effectiveness can vary, generally the constitution supports effective government because it enables necessary action to be taken to represent the people and meet their needs whilst protecting rights and through checks balances, ensure no branch is too powerful
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2
Q

paragraph 1

A
  • governments role is to pass legislation and the constitution prevents it from doing so effectively
  • issues are left unresolved such as immigration
  • when it does act it is under single party government and laws are passed without sufficient care (patriot act)
  • politicisation of USSC appointments and investigatory role
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3
Q

paragraph 2

A
  • patriot act and use fo force act are example of ability to respond to crisis
  • partisanship always comes in phases 2003/4 saw NCLB
  • polarisation reflects the nation
  • also inaction and investigation are arguably limited government
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4
Q

paragraph 3

A
  • the constitution is an obstacle to effective to protection of rights either too strong too weak
  • rigidity of certain rights prevents effective government (westboro baptist church)
  • other rights are too weak ignored in times in crisis (korematsu)
  • some are too open to interpretation-overturning campaign finance legislation
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5
Q

paragraph 4

A

-rigidity is a good thing basic liberties such as freedom of speech

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