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Summary USA Constitution Essay Plans
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- USA Politics
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- PEARSON (PEARSON)
Essay plans for USA Constitution. I have achieved an A* in Politics which these essay plans played a huge part in.
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US Constitution:1. Evaluate the extent to which the vagueness of the constitution is beneficial.
AGREE DISAGREE
Allows the supreme court to make interpretative A broader interpretation of the constitution is more than
judgements to ensure Constitution is relevant today. what the founding fathers wanted. They wouldn’t
Obergefell v Hodges (2015) said the 14th amendment support abortion or gay marriages. If the constitution
allowed same-sex couples the right to marry and made should be changed, it should be through constitutional
it legal in 50 states. amendments.
Allowed delegates to compromise at the Philadelphia Allows for confusion and misinterpretation. 2nd
convention which is how the constitution came about. amendment of “right to bear arms” is unclear. The
This means it plays an important role in USA politics constitution was written 200 years ago and has a tough
and allows different parties to work together. amendment process so we cannot change it easily.
Encourages cooperation which can come through Mass shootings such as Parkland shooting in 2018
congressional committees and talking. The bipartisan which caused 17 lives to be lost. This causes
infrastructure bill. separation and partisanship.
The vagueness of the article means many debates
arise. 2012- Obamacare debate over whether it was a
proper law. Supreme court was also divided, and it is
still debated today which means no institution was able
to say what should occur.
Conflict- strong disputes on ideology and further
disputes in US society such as gay rights. The
republicans and democrats are so split.
Article I Section 8 empowers Congress to make all laws Allows supreme court to be too powerful and create
“necessary and proper” to carry out federal government laws. This is due to the respect for marriage act being
duties. This is also known as the elastic clause. introduced in 2022 in fear of the supreme court
McCulloch v Maryland- supreme court ruled congress overturning obergefell v hodges.
had the power to create a national bank.
2. Evaluate the extent to which the entrenched and codified nature of the constitution is advantageous.
AGREE DISAGREE
Codified nature protects the rights of individuals from The codified nature means that it is hard to protect
short-term people in power. The bill of rights was the rights such as the right to life. The 2nd amendment (the
first of ten amendments proposed that explicitly protect right to bear arms) was applicable at the time of the
American citizens from a powerful centralized constitution however, it is now irrelevant and puts many
government. lives at risk. Parkland Shooting 2018.
The document is protected by law through Goes against the concept of a majoritarian democracy
entrenchment. Article V outlines the amendment as supermajorities are needed to amend the
process which requires supermajorities at the constitution. Proposed amendments such as the flag
congressional and state level. There has only been 27 protection amendment has received over 50% of
amendments because of this and ensures tyranny of congressional votes but failed to gain a supermajority.
the majority cannot occur. Over 12,000 amendments are proposed but only 27
were agreed upon.
Ensures ill thought-out amendments are prevented. Mistakes are still made and states with small
Only one amendment, the 18th, has been passed which populations have too much power.
, was ill-thought-out as opposed to other countries. This
ensures that laws are not threatening.
Bipartisanship is encouraged such as the infrastructure Courts have become too powerful obergefell v hodges
bill and the fisal responsibility act 2023
Executive power is curved. This was shown by the
United states v Texas ensuring that Obama doesn’t
overstep his boundaries and use the executive order to
implement DAPA.
3. Evaluate the extent to which the amendment process for the constitution is failing US society.
AGREE DISAGREE
Goes against the concept of a majoritarian democracy The document is protected by law through
as supermajorities are needed to amend the entrenchment. Article V outlines the amendment
constitution. Proposed amendments such as the flag process which requires supermajorities at the
protection amendment has received over 50% of congressional and state level. There has only been 27
congressional votes but failed to gain a supermajority. amendments because of this which ensures they are all
12,000 amendments proposed but only 27 actually thought out
placed.
Enhances the power of unelected supreme court This is a founded power of the supreme court through
members who can make interpretative amendments. the Marbury v Madison case which allows them to find
Roe v Wade saw the court rule in favour 7-2 for laws unconstitutional. Although they are unelected, they
women’s rights and then overturn this in 2022. The have the constitutional right to act in such a way.
introduction of the respect of marriage act 2022 shows
the weariness other branches of government have.
It is difficult to amend outdated provisions and Ensures ill thought out ammendments are prevented.
incorporate new ideas. Despite a broad consensus of Only one amendment, the 18th, has been passed which
women’s rights, an equal rights amendment has still not was ill-thought-out as opposed to other countries. This
been passed and gun regulations are difficult to ensures that laws are not threatening and that they
proceed with. There have been 200 school shootings in don’t have to be constantly repealed.
America as of May 2023.
4. Evaluate the view that the US system of checks and balances has failed.
AGREE DISAGREE
Presidents have the checks and balances to appoint They prevent the concentration of power in one branch
the federal judge. Usually their ideology. Eisenhower of government, ensuring that the separation of powers
chose Warren who went against his views and wanted is maintained.
Brown v Board of Topeka to have instant gratification. The Supreme Court checked misuse of executive
power by ruling in Hamdan vs Rumsford (2006) that
President Bush acted illegally in establishing a military
tribunal is to try Guantánamo detainees without
consulting Congress.
Some checks and balances are rarely used or are Congress is able to scrutinise supreme court through
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