US CONSTITUTION

Question 1

Explain and analyse three principles of the US Constitution

Answer 1

1. Separation of Powers
   • Power divided among the legislative, executive, and judiciary.
   • Example: Congress passes laws, the President enforces, and the Supreme Court interprets (e.g., overturning Roe v. Wade in 2022).
   • Analysis: Prevents tyranny, but can cause gridlock (e.g., debt ceiling crises - cons vs libs in congress )
2. Checks and Balances
   • Each branch checks the others (e.g., presidential veto, judicial review).
   • Example: Biden’s student loan forgiveness blocked by the Supreme Court in 2023.
   • Analysis: Ensures accountability but slows decision-making.
3. Federalism
   • Power divided between national and state governments.
   • Example: Varied state laws on abortion post-Dobbs decision (2022).
   • Analysis: Promotes local autonomy but creates inconsistencies.

Question 2

Explain and analyse three ways that individual rights are protected by the US Constitution.

Answer 2

1. Bill of Rights (1791)
   • First 10 amendments safeguard liberties.
   • Example: First Amendment protects free speech (e.g., social media controversies).
   • Analysis: Strong protections, but interpretations vary (e.g., hate speech).
2. Judicial Review
   • Courts ensure laws comply with the Constitution.
   • Example: Obergefell v. Hodges (2015) legalized same-sex marriage.
   • Analysis: Upholds rights but depends on judicial philosophy (e.g., conservative-majority Court).
3. Amendment Process
   • Constitution can evolve (e.g., 13th Amendment abolished slavery).
   • Example: ERA still not ratified despite decades of advocacy.
   • Analysis: Slow and difficult to achieve.

Question 3

Explain and analyse three “flaws” of the US Constitution.

Answer 3

1. Amendment Process is Rigid
   • Two-thirds of Congress and three-fourths of states required.
   • Example: Failure to pass the Equal Rights Amendment (ERA).
   • Analysis: Limits adaptability to modern issues.
2. Electoral College
   • Winner-takes-all system distorts results.
   • Example: Trump won in 2016 despite losing the popular vote.
   • Analysis: Undermines democratic legitimacy.
3. Judicial Power
   • Unelected justices wield significant power.
   • Example: Dobbs decision overturned Roe v. Wade (2022).
   • Analysis: Raises questions about accountability.

Question 4

Explain and analyse three ways the US Constitution reflects the separation and division of powers.

Answer 4

1. Separation of Powers
   • Distinct legislative, executive, and judicial branches.
   • Example: Congress passes laws, President enforces (e.g., Inflation Reduction Act 2022).
   • Analysis: Prevents tyranny but can cause deadlock (e.g., government shutdowns).
2. Checks and Balances
   • Each branch limits the others’ power.
   • Example: Trump’s impeachment trials (2019, 2021).
   • Analysis: Promotes accountability but politicized in practice.
3. Federalism
   • Division between federal and state governments.
   • Example: Post-Roe v. Wade, states regulate abortion.
   • Analysis: Encourages diversity but inconsistent protections.

Question 5

Explain and analyse three key features of the federal government.

Answer 5

1. Dual Sovereignty
   • States and federal government share power.
   • Example: Marijuana legal in some states but illegal federally.
   • Analysis: Balances local and national priorities but creates tension.
2. Enumerated Powers
   • Federal powers defined in the Constitution (e.g., Article I, Section 8).
   • Example: Power to regulate commerce; Affordable Care Act (2010).
   • Analysis: Clear scope, but disputes arise (e.g., gun control).
3. Supremacy Clause
   • Federal law overrides state law.
   • Example: Arizona v. United States (2012) on immigration policy.
   • Analysis: Ensures unity but limits state autonomy.