US Constitution and Federalism - Topic 1.4

Question 1

Is the US federal today?

Arguments for:

Answer 1

• The more conservative Supreme Court is willing to return more powers and rights back to the states on important decisions
• Since Covid, as all states had their own responses, they have taken this opportunity to increase their power
• Due to increased partisanisation in government, states have had to take a greater role in governance to bypass the federal gridlock in Congress
• Some situations, state laws supercede federal ones, and the federal government haven’t intervened even though they could, demostrating the federal system

Question 2

Is the US federal today?

Arguments against:

Answer 2

• The Supreme Court is becoming more influential in American politics and therefore is growing in power, increasing the scope of the federal government’s power
• Landmark federal legislation has been backed by the Supreme Court many times which have impacted the states
• Rights are protected at a federal level uniformally, superceding state laws
• National issues need a national response, and so the federal government steps in

Question 3

What are the strengths of the Constitution?

Answer 3

• The vagueness of the Constitution have allowed to to remain relevent and react to changing circumstances and new interpretative amendments by the Supreme Court
• Provides protection to the rights of US citizens that is enforced by the Supreme Court and the powers and limits of the government
• It outlines the powers of the government’s branches and with the separation of powers and checks and balances implemented, the government should always work to the interests of the people it represents. This is strengthened with short election cycles as well
• The amendment process works and provides flexibilty to the Constitutio while weathering trends

Question 4

What are the weaknesses of the Constitution?

Answer 4

• Because of the Constitution’s vagueness, broader interpretation has led to unintended effects such as the growth of the presidency. Specified areas of the Constitution have also prevented adaptation, mainly in Congress
• Outdated aspects of the Constitution remain codified which has created gridlock in government because of checks and balances
• Gridlock has created divided government and a lack of scrutiny in unified government making the government look ineffective
• Amendments are incredibly difficult to achieve, preventing necessary amendments from being ratified (ERA) while also letting mistakes in (18th)

Question 5

What are the positive impacts the Constitution has on governance?

Answer 5

• Each branch has very clear roles and each branch is dependent on the rest whie also being there to keep them in check
• With short election cycles (Reps. - 2 years, 1/3rd Senate - 6 years), Representatives are fully aware of their constituents’ views. Representatives can also choose to vote in line with their constituents rather than the party; this upholds legitimacy because of the responsiveness
• The Constitution tries to ensure compromise as government policy needs to be widely accepted and the result of considerable scrutiny. The Supreme Court is given a lot of power to make sure government policy stays in line with the Constitution

Question 6

What are the negative impacts the Constitution has on governance?

Answer 6

• The Constitution has helped give rise to partisanship and government gridlock. The clear separation of powers has led to the government being able to act uneffectively.
• The Constitutional framework of government has been able to obstruct the majority government. The Supreme Court decides on the meaning of the Constitution, and with modern problems, modern solutions are needed, not potentially outdated clauses.
• The vagueness of Article II has allowed presidential dominance in government while Article I has caused Congress to struggle in order to keep up.

Question 7

How has democracy in America been challenged over time?

Answer 7

• As the Founding Fathers didn’t believe in democracy at its purest form (as they had a mistrust of popular democracy), the Electoral College limits the influence of the public and can also overturn the majority decision
• The Senate was like the Lords and was unelected. The branch (up until 1913) has considerable influence because of their individual powers
• Larger, more populous states are left under-represented in the Senate as all states have two Senators, meaning smaller ones are over represented
• The three-fifths compromise
• Supermajorities can results in minority views being completed ignored, or opposingly, allow for a small minority to stall the constitutional process

Question 8

In what ways does the Constitution uphold a liberal democracy?

Answer 8

• The Bill of Rights ensures that individual rights are upheld (Snyder v Phelps; 2011)
• The Supreme Court independence protects individual rights. They do not need to fear being fired for any rulings they make
• Checks and balances ensures limited government

Question 9

In what ways doesn’t the Constitution uphold a liberal democracy?

Answer 9

• Checks and balances can render government useless as they can be too effective (21 government shutdowns since 1974; 4 since 2013)
• The Electoral College undermines the principles of ‘free and fair’ as the loser of the popular vote still being able to win the presidency (twice in the last five elections)
• Minority rights have been challenged before (Shelby v Holder) and places such as Guantanamo Bay pose questions over the US’ protection of rights

Question 10

In what ways does the Constitution uphold a representative democracy?

Answer 10

• All bills must begin in the House as it is the most responsive and legitimate chamber because of their 2-year election cycle and direct democracy elections
• The House ensures proportionality as larger states have more representatives
• Amendments have extended the franchise to different ages and groups
• The Senate is elective, ensuring a greater degree of legitimacy and popular sovereignty
• Amendments needs state approval and therefore public approval, and each state is valued the same as the rest

Question 11

In what ways doesn’t the Constitution uphold a representative democracy?

Answer 11

• The Supreme Court is unelected and yet holds a lot of power in interpreting the Constitution as well as overrule the other branches. This makes them unaccountable to the public
• Smaller states are over-represented in the Senate as all states have two Senators
• The requirement at many points for a supermajority in the Constitution makes the tyranny of the minority more and more likely (the extreme-right in the Republican Party as of recent)