This is a high quality A level Politics essay with the title: To what extent does the constitution protect state power? This is written by an A* student and comes with real teacher feedback. This is an excellent resource which you too can use to emulate and achieve A* grades in Politics.
To what extent does the constitution protect state power?
This question is from the Edexcel specification for A level Politics and is part of the
USA section of the course, however can be used as a model answer for any exam
board as a guide to emulate in terms of analysis and substantiation.
This is also written in timed conditions to demonstrate that it is doable to write a high-
quality A* essay in timed conditions without compromising on quality.
Teacher feedback:
“A well thought-out, well-argued essay with relevant examples, well done”
A strong argument was maintained throughout the essay and a very good
introduction with a clear judgement.
It would be even more impressive to use more recent examples to show political
engagement not just with largely historical examples but ones more recent ones.
The U.S constitution fully protects state power. The constitution underlines in the 10th
amendment that any powers not given to congress must be a state power thus
demonstrating that congress’s power is diminished in comparison to the state’s. Moreover,
the amendment process further protects state power as outlined in article V in the
constitution. To pass an amendment, ¾ of the states have to agree, which further protects
their power as it cannot be compromised without their consent. Although some may argue
that both the necessary and proper clause and the interstate commerce clause shows how
the constitution does not protect state power. Ultimately, those powers are not enumerated
but are merely implied powers and cannot be used to justify that the constitution does not
protect state power.
Firstly, the constitution protects state power through the amendment process which is
outlined in article V of the constitution. To pass an amendment ¾ of the states have to agree
and ratify the proposal. Through this, amendments which affect states power cannot be
passed without their consent therefore protecting their power as congress cannot limit their
power without their approval. For example, the equal rights amendment was proposed again
as recent as 1982 by congress, which would in essence provide equality of rights by the
federal or state government on account of sex. States however rejected this proposal
reflecting their dominance which is, essentially provided by the constitution. The difficulty to
ratify an amendment mirrors how the constitution fully protects state power. For example,
over 11,000 proposals for amendments have been introduced, however only 27 have been
ratified by the states. The constitution protects state power by making it very difficult for
congress to pass amendments. Moreover only 13/50 states have to oppose an amendment
which blocks it entirely. For example, the flag desecration act was blocked by more than 13
states resulting in the issue being dropped by congress. The difficulty in ratifying an
amendment justifies how the constitution protects state power by limiting that off congress.
Furthermore, the constitution further protects state power through the 10th amendment. This
amendment underlines that any powers that are not given to congress, must lie with the
states. This allows states to have a greater deal of power and authority over areas of
government. For example, in the case of Printz V United States, the supreme court
overturned the brady act which argued that state officials should perform a background
check on those wishing to buy a gun. The 10th amendment would mean that this was a state
policy and not a federal one. In addition to this, the 2nd amendment (the right to bear arms)
further protects an element of state power as they are allowed to set their own laws on guns.
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