Includes 25+ essay plans on possible questions for the Paper 3 on the 9PL0 Edexcel exam series.
Essay titles included cover all sub-themes: he constitution, parliament, Prime Minister and executive, relationships between the branches.
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The constitution:
Evaluate whether the US Constitution still works
Intro
The US Constitution is an entrenched, codified document that sets out the rules by
which government is to be governed.
As it was signed in 1788, it has received widespread criticism as a result of its arguable
inability to be adapted and reflect changing and modern society.
This is most notably due to its extremely difficult amendment process and arguably
dysfunctional checks and balances.
However, the overall evidence suggests that the constitution still works as a result of
its adaptability and core principles of a government with limited power.
P1 = adaptability
Firstly, it is imperative to note that most convincing argument suggesting the US
constitution still works is the notion of its inherent level of adaptability.
Most notably, this is as a result of its relative brevity and vagueness.
An example of this is the Necessary and Proper Clause (also known as the elastic
clause) which has allowed Congress to expand its powers, as long as they are
intrinsically linked to fulfilling the enumerated powers.
Additionally, as a result of the adaptability and flexibility of the constitution, the
Supreme Court has been able to respond to changes in society through its rulings on
segregation, abortion and gay marriage.
This was seen in the Obergefell vs Hodges case in 2015, in which the Supreme Court
was able to amend the constitution and rule that the fundamental right to marry is
guaranteed to same-sex couples.
Both of these examples are very strong evidence of the idea that the constitution
arguably still works as a result of its ability to change and develop as society evolves,
which is fundamentally down to its adaptability.
P2 = amendment process
However, it is not insignificant to note that, arguably, due to its long amendment
process the US constitution still has inherent issues regarding its ability to be adapted.
This is as a result of the fact that a 2/3 majority is needed in both houses of congress,
and then a further 3/4 majority of state legislatures are needed in the ratification
process, arguably making the amendment process difficult and hard to obtain.
E.g. the Equal Right amendment 1972 passed Congress, had support from both major
parties and the presidency, had an extended time limit for states to sign up and still
failed to pass, lapsing again in 1981.
However, while this argument is a strong one, there is perhaps even stronger evidence
to suggest that this is not the case, as proven by the fact that when urgent need has
come for amendment, it has been easily carried out - the 18th amendment is central
evidence for this.
This is further supported by the constitution's accommodation of the emancipation of
slaves via the 13th and 15th amendments, women via the 19th amendment, as well as
facilitating modern demands for greater democratic accountability via the 17th and
27th amendments.
, Therefore, it is clear that whilst it is arguable that the amendment process is too
complex, overall the US constitution is highly flexible and adaptable, which is a central
factor regarding its successful service in the USA today.
P3 = federalism
A substantial argument to support the motion that the Constitution still works is
through its establishment of a federalism.
Federalism is an effective balance between a strong national government and states’
rights and diversity.
This was created as a compromise at the Philadelphia Convention between the
federalists and the anti-federalists who feared a concentration of power post the
British Empire, but understood that a confederacy was too weak.
The result provided for a strong national government but also ensuring states’ rights
and diversity.
E.g. Massachusetts became the first state to enact same-sex marriage.
Furthermore, it provides double security for individual rights and liberties through the
creation of concurrent powers, e.g. the power to levy taxes.
This means that laws aren't signed off without careful scrutiny and consideration, thus
protecting US citizens.
This all adds up to a strong and effective relationship between the states and federal
government, creating a powerful argument in favour of the motion that the
constitution still works.
P4 = Too negative
However, critics argue that federalism has slowly been eroded over the years,
rendering its provision in the constitution ineffective and the constitution itself no
longer functioning.
Westward expansion, industrialisation, and population growth has led to increased
power being diverted to the federal government, undermining the entire purpose of
federalism.
E.g. after the 1929 crash, FDR's new deal gave considerable control to the executive in
order to create public programmes.
However, this is a weak argument because after the crisis, it was the citizens who
turned to the government for help but they lacked the necessary means.
The new deal is also what aided the USA's recovery considerably.
More recently, Bush imposed federal demands on states with his No Child Left Behind
Act when education was historically dealt with by the states, suggesting that their
powers were slowly being rendered useless.
However, the states still have considerable control over many controversial issues
rather than those considered national.
E.g. marijuana use is legal in California but not in Alabama.
Therefore, although federalism has been weakened, it still remains effective and fit for
purpose in the twenty-first century, rendering the constitution still functioning.
P5 = Protection of rights
Another powerful argument in support of the notion that the constitution still works is
its effective protection of rights.
, The first 10 amendments of the Constitution make up the Bill of Rights, which
establishes citizen's fundamental rights and prevent any branch from infringing on
them.
E.g. in New York Times vs United States the courts ruled that government couldn’t
prevent the journal from any publication on the basis of freedom of the press during
the Vietnam War.
Further, more recently, Kyollo vs United States ruled in favor of an illegal search,
rendering all evidence inadmissible due to misconduct and disregard for this
fundamental right.
Further, while a common criticism of effective right's protection is that 'war on terror'
is used to override citizens rights, the case of Boumediene vs Bush show that a
different precedent has been set as all prisoners detained in the case where entitled to
habeas corpus.
Thus, these examples clearly provide strong evidence, showing that constitutionally
guaranteed rights is a powerful reason why the constitution still works nowadays as it
is the bedrock of any democratic society.
P6 = Supreme court has too much power = imperial judiciary
On the other hand, critics argue that as an unelected and politicised body, the
Supreme Court has too much power to ‘amend’ the meaning of the Constitution
through its rulings.
Although the Founding fathers intended for no branch to become too powerful, it is
nine unelected officials who act as arbiters of the constitution.
E.g. arguably the future of women's right to abortion (Roe vs Wade) should be settled
by amendments, not the supreme court.
Moreover, there is no appeal against their rulings, which means they have ultimate say
over cases, suggesting that the constitution has created an imperial judiciary.
However, this argument isn't the strongest as a constitutional change or a future
supreme court case can overturn a supreme court decision.
E.g. Brown vs Board of Education rendered Plessy vs Ferguson ineffective.
This means that while the supreme court has immense power, it can still be checked
and thus protects rights effectively to this day.
Conc.
In conclusion, the constitution allows for a balance between effective and limited
government.
It enables democratic rule of the majority as well as protecting the minorities in
federalism despite a shift in power.
The amendment process makes the constitution sufficiently difficult to change but still
possible to reverse bad legislation or pass new laws with sufficient support.
It allows for the protection of rights and despite the supreme court having significant
power, it can also still be checked.
As a result, despite alterations since its creation, the Constitution continues to be
effective and at the heart of government to this day.
America’s success as the world’s most powerful democracy and the US citizens'
reverence of their constitution is evidence of its successfulness.
,
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