This is a very helpful document of over 25 essay plans on possible questions that could come up in the edexcel a level politics examination. It is in depth and contain evidence to each point
Vagueness of the document, codification and entrenchment. • The constitutional framework
(powers) of the US branches of government. • The amendment process, including
advantages and disadvantages of the formal process.
US constitution is outdated and rigid US constitution is NOT outdated and rigid
Can't keep up with modern day. Doesn’t represent Prevents arbitrary powers (too much power being
modern society as it's extremely outdated. held). Creates a clear separation of powers
ensuring that there are sufficient checks and
e.g. 2nd amendment originally made in fear the balances on each branch of government.
British would invade again
e.g. Trump denied funding from House to build wall
Analysis - such a rigid and inflexible structure between Mexico and US
makes it impossible to adapt with new societal
changes, making it impossible to fit modern day Analysis - such a set in stone constitution ensures
circumstances - the constitution was made by the separation of powers and avoids power going too
Founding Fathers at a time where American values much in favour of one specific branch - allows for
were at threat - 2nd amendment - it is now outdated checks and balances between each part of
and guns are given too much priority government
Fulfils purpose of democracy that the founding
fathers aim to conserve through the rigid structure
of the constitution. It is not outdated as it sees the
scope for a dictatorship at any time in the future,
and prevents it completely.
Entrenched so difficult to change. Legislation is Judicial review means you can update the
harder to pass and its meant that the government constitution without amending it. This saves time
has had to shut down on several occasions and ensures amendments are fit for current
purposes.
e.g. only amended 27 times in 250 years
e.g. Brown v Board of Education, ruled segregation
Analysis - disagreement between different in schools was unconstitutional using 14th
branches towards the president (especially in an amendment
imperill government) may lead to more chance of
government shutting down through legislation being Analysis - the constitution can be changed and
made more difficult to pass due to the rigid nature of altered therefore it is not rigid at all, and is
the constitution shows the country cannot progress adaptable for different cases - the founding fathers
due to the inflexible and overly complicated nature aimed to avoid discrimination or a dictatorship, and
of the constitution so it is open for alteration where such ideas come
to rise and can be open for current purpose.
Judges interpret laws which means different judges Vagueness purposeful to make it relevant to future
come to different conclusions due to vagueness of generations. It can be interpreted in several ways
the constitution. showing that it can evolve to fit in society.
e.g. Roe v Wade 1973, private decision in 2022 = e.g. Obergefell v Hodges, right to gay marriage not
overturn Roe v Wade explicitly mentioned but it is implied
Analysis - supreme court judges are seen as the Analysis - right to gay marriages is not a right
‘best interpreters of the constitution’ - however, due clearly stated in the constitution, however the
to the vague and the opportunity for the justices to implication of freedom can conclude that same sex
,subjectively interpret the constitution shows its marriages should be allowed in Amercia. It can be
outdated nature as it is not fit for more modern the same for other amendments that must have
cases where there is more public outrage - e.g implications drawn from them.
abortion For e.g ‘The federal government has only those
Also did not take into account that external factors powers specifically granted by the Constitution, and
like interest groups (NARAL) can influence the reserved powers are given to the states’
judgement of supreme court, rather than them being
an independent body
Federalism. • Separation of powers and checks and balances. • Bipartisanship. • Limited
government
The Constitution is effective in limiting gov The constitution is NOT effective in limiting gov
checks and balances effectively checks and limits they have eroded and no longer effectively limit
government, preventing tyranny and dominance of government in the way the founding fathers
one branch. intended.
FF gave congress significant power to heavily E.g. president can exceed powers with executive
restrain the president. orders and also use power of veto
Eg. the president cannot declare war without E.g. Roosevelt issued an executive order (after the
consent of Congress. Power to override a Japanese attacked pearl harbour) to reallocate all
presidential vetoes Japanese- Americans to government run
concentration camps.
congress also has the 'power of the purse' This affected more than 100,000 Japanese-
- trump's border wall, Congress rejected the americans
President's budget proposal to fund its construction
Trump issued an executive order on immigration in
Analysis - Holds each branch of the government 2017. It was referred to as the ‘muslim ban’. It
accountable. It ensure no branch of government has significantly lowered the number of immigrants in the
too much power country and refugees that came from countries such
as Syria, Iran and Iraq.
Analysis - There are ways around the checks and
balances hence the constitution is no longer
effective in controlling the power of the branches of
government. It can affect democracy as some
branches of government can make radical decisions
which are not based proportionally on the American
population.
,bipartisanship in constitution ensures policy based consistent gridlock in congress leads to ineffective
on compromise of different interest and that one government. if party has control in presidency and
party cannot dominate the political agenda both chambers, could become undemocratic as
legislation is passed easily without having to
E.g. Republicans and Democrats in Congress have compromise (e.g. Bush 2002)
come together on two pieces of legislation aimed at
combatting sexual assault and harassment in the E.g. The Committee structures in Congress can
military in 2021. mean bills can be pigeonholed or effectively killed
off, such as Bill Clinton’s healthcare reforms during
President Obama and Congress passed bipartisan the early part of his administration
legislation known as the “Jumpstart Our Business
Startups (JOBS) Act.” The legislation was created to Throughout almost the entire Obama administration
help aid entrepreneurship and small business growth the Republicans have controlled the House and the
Democrats the Senate from 2011-2014, resulting in
Analysis - Shows that times where parties are two terms of divided government. The Federal
united in centrist policies, they can come together Government Shutdown was a great example of
and pass legislation important for countries - takes complete gridlock.
into account several different views to ensure that
the majority of groups existing in America have their Analysis - Bipartisanship is not always successful
views taken into account. The constitution aimed to and it is quite rare. Partisanship can lead to gridlock
avoid one political view dominating the government, which can ultimately make it harder to pass
and it successfully limits the government as it legislation and cost the government more money.
requires permission from a range of candidates from This is ineffective and unfair on American citizens as
different parties and views. the failure of parties to work together leads to a lack
of democracy.
, The power of the supreme court ensures a high level power means government may be prevented from
of protection of civil rights. Power of judicial review carrying out policy = limited government and claims
keeps check on government actions under of limited democracy
constitution
Analysis -
e.g. Brown v Board of Education, ruled segregation
in schools was unconstitutional using 14th
amendment
E.g. In Boumediene v. Bush (2008) it was
established that Guantanamo detainees have a right
to habeas corpus and are able to bring petitions to
U.S courts. It also held that the Guantanamo
detainees were entitled to the legal protections of the
US Constitution and from then on, the Combatant
Status Review Tribunal would be inadequate.
Analysis - Ensures that there are ways that the
constitution can hold the executive and legislatures
accountable.
The nature of the federal system of government and its relationship with the states.
Federalism- mode of government that combines a general government (the central or
"federal" government) with regional governments (provincial, state, cantonal, territorial, or
other subunit governments) in a single political system, dividing the powers between the two.
USA does NOT remain federal USA does remain federal
states clearly hold power, protected under 10th ‘Supremacy clause’- federal law takes priority over
amendment and have independence - differences in state laws. This means that federal power still
state law remains significant.
E.g. the legalisation of cannabis for recreational use. E.g. federal government asserted its authority over
Since 2012, Washington and Colorado have states is the issue of same-sex marriage. In 2015, the
legalised cannabis for this purpose, yet other states Supreme Court ruled that banning marriage between
have not. same-sex was unconstitutional. However, prior to this
ruling, the issue of marriage laws was left to the
states.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mahimeghani123. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.58. You're not tied to anything after your purchase.
