6 detailed 30-mark essay plans with matched arguments including examples
1. Evaluate the extent to which the nature of the US constitution is advantageous
2. Evaluate the effectiveness of the amendment process of the US constitution
3. Evaluate the extent to which the system of checks and ba...
Evaluate the extent to which the nature of the US constitution is advantageous
Advantageous Disadvantageous
Able to adapt to political conditions and Too difficult to amend
circumstances - long amendment process which requires
- can evolve in response to new challenges supermajorities in both houses and
e.g. civil rights 1964, great depression ratification by ¾ state legislatures
- words on constitution is entrenched but - e.g. 2nd amendment out of date and in
can be interpreted differently over time need of review- mass shootings
through judicial review e.g. 14th - only been 27 since the start with 10 of
amendment = ‘separate but equal’ in Plessy these being ratifies in 1791
v Ferguson, but segregation was
unconstitutional in Brown v Board
Avoids elective dictatorship Can cause gridlock
- checks and balances/ separation of - checks and balances = power struggle
powers = one branch doesn’t hold too between branches of govt
much authority = no opportunity to cause - particularly during divided government =
tyranny weak and inactive = difficult making
- e.g. congress has legislative power but can decisions
be checked by the presidential veto, but - long term impact on democracy
the presidential veto is checked by the
congressional override with 2/3 majority in
both houses
Ensures the protection of civil liberties and Citizens’ rights not fully protected
rights - e.g. Japanese being put in camps in WW2,
- codified = defines the relationship patriots act allowing surveillance,
between federal govt and citizens of the Guantanamo bay allow torture
USA - rights are dependent on circumstance -
- bill of rights = ensure rights are clearly SCOTUS can change interpretation over
defined and can be defended in court time e.g. Plessy/Brown
- e.g. 1st amendment = freedom of religion, - rights of citizens also conflict e.g. right to
speech, press and assembly bear arms = loss of life
Evaluate the effectiveness of the amendment process of the US constitution
Effective Ineffective
Prevents changes made in relation to short Unpopular amendments may still pass
term issues - e.g. 18th amendment was passed in 1919
- entrenched constitution = difficult process which prohibited the sake, transport and
= requires supermajorities in both houses manufacturing of alcohol and only last 15
and ratification by ¾ state legislatures = years until it was repealed in 1933
makes sure the amendment is well thought
out and popular
- e.g. 2018 poll showed only 1 in 5
, Americans wanted the 2nd amendment
repealed which prevents unpopular issues
from being passed
Vague Many modern issues still haven’t been
- allows it to evolve with changing times effectively addressed
- e.g. Obergefell v Hodges = 14th - difficult process = popular issues still
amendment gave same sex couples the haven’t been made into formal
right to marriage amendments
- congress has many powers derived from - e.g. 2nd Amendment ‘right to bear arms’ =
section 8 ‘necessary and proper’ clause- still not changed despite mass shootings
empowering congress to carry out the and gun protests
duties of the federal government - e.g. ERA not passed in 1982 as 15 states
- enables SCOTUS power of judicial review refused to ratify despite success of
which can be interpreted differently over women’s’ liberation movement
time e.g. 14th amendment = ‘separate but - less likely is polarisation and divided
equal’ in Plessy v Ferguson, but segregation government = questions health of
was unconstitutional in Brown v Board democracy
Prevents tyranny of the majority Creates tyranny of the minority
- requires bipartisanship and broad - e.g. flag protection amendment failed to
consensus for issues- the most populous 5 pass despite receiving over 50% of the vote
states account for almost 40% of the in Congress, ERA failed to pass as 15 states
population but they are not able to use refused to ratify despite those that
their population to dominate the opposed it only accounting for 28% of the
amendment process e.g. Cali population at the time
Evaluate the extent to which the system of checks and balances have failed
Not failed Failed
Prevent concentration of power in one C+B can be bypassed
branch of govt - have not restrained executive power and
- ensures separation of powers are allows opportunity for the re-emergence of
maintained imperial presidency = president able to
- judicial review of govt action affective at invade C+B and exert power
limiting unconstitutional actions e.g. - imperial in foreign affairs Congress
SCOTUS ruling in Hamdan v Rumsford 2006 right to declare war hasn’t prevented
= Bush acted illegally in establishing president from committing US forces e.g.
tribunal to try Guantanamo detainees wars since 1945 including Iraq war
without consulting Congress = against right - president bypassed checks asking for
of free trial military authorisation from Congress as
- e.g. SCOTUS stuck down first two Muslim President Bush did in 2003
bans by Trump = against 1st amendment - efforts to reassert congressional check e.g.
1975 Walls Power Act resolution = failed =
Obama avoided at when he initiated troops
in Syria, Iraq etc.
Encourages compromise and They produce ineffective government
bipartisanship in law-making - reality = cause gridlock which has been
- e.g. 2010 = in order to fulfil his campaign, worsened by partisanship
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