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Summary Constitution model essay question
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model Essay on the USA/s constitution
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Evaluate the extent to which the constitution achieves its aims of sharing power among thediffering bodies (30 marks)
Checks and balances
Checks and balances ensure all agencies can limit one another e.g. president's power of veto
over congress/ sc being able to overrule president's executive orders e.g. obama's gun
legislation
Link to this helping the separation of powers
However arguments around imperial president/congress show that a strong executive can
overpower other 2 chambers, as well as this sc has judicial supremacy over other 2 institutions
able to rule laws incompatible despite not having mandate showing that checks and balances
can be seen as unfair leading to unfair power sharing
Separation of powers
Unlike in UK in the USA the judiciary, executive and legislature are all separate
This means that no single individual or party can dominate all 3 meaning that there must be
compromise and power must be shared between bodies
Link to how this gives state power through them having control of the 2 legislative chambers
However, this can limit the legislative process as a president with a clear mandate can be struck
down by an unelected legislature, as well as a dominant president with control of both chambers
giving too much power due to the high levels of partisanship within the USA e.g. bush had a
huge majority and therefore could make sweeping economic and military spending changes
Federalism
Due to the nature of the constitution, entrenchment ensures state power cannot be taken away
without a ⅔ majority vote in both chambers, e.g. interstate commerce clause protects interstate
trade. States also have powers to raise issues to the SC
Link to checks and balances
However,over time it can be seen state power has eroded, executive has taken control of things
such as taxation and federal spending.Power is not shared evenly due to the fact the executive
holds power over state legislature through the use of EO’s ect therefore constitution does not
effectively protect state rights
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