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Essay Plans - Government and Politics of the US
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The US Constitution - RevisionExplain and analyze 3 ways the concept of federalism affects US politics. (9)
P – Changing Concept.
Ex – layer-cake to marble-cake, increased rep, foreign policy solely of fed gov, assurances to states.
Ev – New Deal alphabet agencies and 5% to 30% GDP growth during GD, Brown v. BofE 1955,
expands fed gov power.
An – overcentralisation, categorical grants which increase dependency due to lack of clarity.
P – Redefining of Federalism.
Ex – new fed, post-60s, gov unresponsive restrictive to states, cumbersome impersonal bureaucracy.
Ev – Reagan categorical grants to block grants, Clinton and the ‘era of big government is over’.
An – Bush, same ideology but biggest expansion since FDR, homeland sec, Medicare, and education.
P – Consequences.
Ex – undermine fed gov, presidential election 50 state ones, states can act as policy laboratories.
Ev – Alabama, electric ballots for those with accessibility needs but in Arkansas it is for everyone.
Colorado’s ballot initiative to legalise marijuana allowed and then 13 others follow.
An – Federalism offers greater chance for experimentation, yet citizens are entitled to equal rights.
Explain and analyse 3 ways rights are upheld in the US. (9)
P – limited gov.
Ex – c+b, encroachment is illegal, cannot take away civil liberties granted by Bill of Rights.
Ev – 1st grants freedom of religion & speech, Engel v Vitale struck down mandatory prayer in public
schools.
An – written down, does not mean it is always upheld, struggle w AA rights until 1964 CRA.
P – supreme Court interpretation.
Ex – crucial as decision has great impact on public, some amendments lack clarity, implied powers.
Ev – 1973. Roe v. Wade, abortion legal, Interpretation can be seen positively applying loose
constructionism concept.
An – interpretated beyond recognition of framers, no clear answer, Dobbs v. Jackson.
P – ratification process.
Ex – majorities & mass approval, difficult, 3/4ers of states must ratify, making them sovereign.
Ev – only time it occurred was the 21st amendment repealing 18th amendment ban on alcohol, rare
occurrence.
An – effectiveness questioned, some states Kansas placed a ban well into 1960s, violate amendment.
, The US Constitution - Revision
Explain and analyse 3 ways the constitution is sovereign. (9)
P – power of supreme court.
Ex – congress & exec unconstitutional through judicial review maintains constitution sovereignty.
Ev – 1997, Reno v ACLU declared Comms Decency Act, unconstitutional. 1974. US v Nixon, forced
exec to hand over recordings of Watergate conversations.
An – undermined due to failure of checks and balances, stopping declarations of war.
P – amendment process.
Ex – stage 1, proposition, 2/3rd majority congress, ratification 3/4ers of state. 2 stage, supermajority.
Ev – 1787. 27 passed, right to free speech (1st) right to bear arms (2nd), ratification is high, 6 not, child
labour regulation.
An – not been amended regularly, deliberately difficult due to this nature to uphold sovereignty.
P – federal constitution.
Ex – conflict between state & federal law, supremacy clause which maintains sovereignty.
Ev – 1803. M v. M, SC superiority, 1819. McCulloch v. Maryland tax levy unconstitutional as it
violates supremacy clause.
An – state constitutions important as they have responsibility of providing basic services to citizens.
Explain and analyse 3 ways the constitution can be changed/can’t be changed. (9)
P – proposition stage.
Ex – propose amendment, 2/3rds majority in both houses of congress, Nat. Cons. Convention.
Ev – BoR, first 10 proposed by James Madison in 1789, 13th amendment proposed in congress 1864.
An – good chance of being ratified, 6 not, child lab regulation, NCC risky, open up cons to revision.
P – ratification stage.
Ex – ¾ of state legislatures vote to ratify, or ¾ of states hold conventions to ratify, changes cons.
Ev – 19th granted women right to vote, ratifies 1920, 22nd 2-term presidency, ratifies 1971.
An – lack of consensus, ERA unable to be meet ratification threshold, even after additional time.
P – judicial interpretation.
Ex – SC power to interpret constitution and issue rulings that clarify or expand upon its provisions.
Ev – Brown v. Board, SC ruled segregation unconstitutional has far-reaching impact on CR.
An – cannot change constitution itself, D. Scott v Sandford, rules AA as not being citizens but does
not change constitution, AA granted citizenship eventually.
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