US Politics - Constitution Flashcards
For the Constitution working - para 1
Federalism is a workable compromise between a strong national government and state government diversity
Explain: Avoided the disunity of confederacy and over centralisation under Britain. James Maddison - ‘the middle ground’ offering ‘double security’. The Constitution clearly has this principle ‘written in’ with the separation of powers. The Government has reserved powers over federal issues and others are reserved for state legislatures.
Evidence: strong gov- Formula Act July 2022 allows duty-free importation of infant formula, easier for US citizens to get formula in current shortage. Strong gov as they could implement the change without input from states to pass legislation faster
state gov diversity- 2022 house of representatives vote saw Democrats lose less than 10 seats, shows that it is able to fluctuate so representatives can effectively represent states and their interests, held to account
Significance: Strong gov as can implement important legislative changes faster due to not needing state consent, state government diversity as house partially re-elected every 2 years, fluctuates to hold to account and represent their state better
But… allows for large differences between states and tyranny of the minority should they pass legislation that the states don’t agree with
Against the Constitution working - para 1
Federalism has allowed for vast legislative differences between states, and so gives too much power for state legislative diversity.
Explain: The 10th amendment reserved all remaining powers ‘to the states and the people’, states create their own law according to its needs and the opinions of their population. State law enacted by state legislature and put into effect when governor signs it. This does, however, create implications when it comes to legislative diversity as the law one state creates affects other states.
Evidence: as of 2022: 21 states legalised cannabis entirely, 16 for only medical purposes, 13 states it is completely illegal. Weed is grown and sent to other states that criminalise it, with rates of cannabis smuggling-based arrests increasing as much as 166% since 1996
Significance: Due to some states having more relaxed laws on cannabis than others, crime has increased rapidly and allowed for the smuggling of cannabis illegally across state lines.
But… This is just a natural consequence of a necessary cause: allowing states to be diverse and democratic.
For the Constitution working - para 2
The text is adaptable to changes in US society and attitudes therein
Explain: At the time of the creation of the US Constitution, it was seen as the woman’s job to marry and have children due to their irrational nature and as they’re highly emotional. After women proved they could work as well as men during WW2 when over 6 million women took wartime jobs in factories and 3 million volunteered in the red cross, they were deemed rational enough to vote and more equal to men who already had that right
Evidence: The 19th Amendment prohibited the denial of the right to vote based on sex (Aug 1920)
Significance: As attitudes changed the constitution allows amendments which reflect the changed views of society, meaning it can be updated to suit the current times.
But… it was over a century ago and the same amendment process has not allowed for constitutionally protected overall gender equality.
Against the Constitution working - para 2
The amendment process is too difficult and it is almost impossible to add parts to the constitution that a majority desires.
Explain: Amendment process requires 2/3 majority in both houses or 2/3 majority in national convention to propose an amendment. This supermajority is extremely difficult to reach even if the general population believes in it
Evidence: Desecration of the flag amendment proposed 1995, 1997, 1999, 2001, 2003, 2005 passed through the House of Representatives multiple times but has failed to pass through the Senate on all occasions. 1999 63% of US population were for the amendment.
Significance: Clearly shows an almost super-majority view on this amendment in general population meaning that a lot of people want this amendment. But due to the strict process necessitating a supermajority in houses the constitution is unable to democratically represent them.
But… The founding fathers did this purposefully
For the Constitution working - para 3
The Supreme Courts power of judicial review has made it even more adaptable through ‘interpretive amendment’.
Explain: Established in Marbury v Maddison (1803), Judicial Review allows the Supreme Court to declare acts by Congress, the Executive, and State Bodies unconstitutional. This is an immediate ‘interpretive amendment’ as they make amendments by interpreting the Constitution and enact immediate decisions based on the extent of the constitution in the presented matter.
Evidence: Tinker v Des Moines (1969). Students planned to wear black armbands in protest of the Vietnam war. The principal warned students they would be suspended if they followed through, but the Sup Court ruled neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”. This ruling meant that the First Amendment spread to educational settings as long as it doesn’t disrupt the educational process.
Significance: Judicial Review allows amendments to essentially occur within the span of a simple ruling, updating the constitution to make positive changes including allowing children to grow up in an environment where their right to speech is protected.
But… not representative democracy as justices appointed by president and accepted by congress, not elected by public.
Against the Constitution working para 3
The power of judicial review gives the Supreme Court too much power to amend its meaning for political goals.
Explain: The Constitution states that5 the President nominates justices “by and with the advice and consent of the Senate”. Justices shall “hold their Offices during good Behaviour”, interpreted to mean that they only stop if they step down, die, or are removed by impeachment. As the President is typically a member of one of two parties, the election of justices typically depends on if the individual has shown to have similar beliefs to the party they represent. Currently, it is believed the majority are Republican.
Evidence: President Trump 2016 worked with Senate majority leader Mitch McConell who blocked Barack Obama’s nominations so that he couldn’t put a Supreme Court Justice in, holding the seat for Trump. When Trump became president, two justices Ginsburg (Democrat) and Kennedy (swing) were 78 or older, later one died and the other retired. Donald Trump was able to nominate 3 justices altogether to give Republicans a 7-3 majority in the Supreme Court. This resonated in the overturning of Roe v Wade in Dobbs v Jackson Women’s Health Organisation, which previously upheld the right to abortion for 49 years.
Significance: This pivotal constitutional change was made for political purposes, rather than the belief of the general population. The percentage of voters registered with the Democratic Party is 31% and Republican Party 25% 41% independent, but this is clearly not reflected in the Supreme Court.
