Essay plans for the US Consitution, Federalism, The Presidency and Congress, A* Student. Current examples used. Each plan consists of 3 paragraphs, each with for and against points.
1. Evaluate the extent to which the process for amending the constitution works well (30)
2. Evaluate the extent to which the checks and balances of the US Constitution are still
effective today.
3. Is the USA still a federal nation?
4. Evaluate the view that the relationship between the federal government and the states
is determined more by the president than the US constitution.
5. Evaluate the view that the US constitution is more effective at checking the power of
the president than it is at checking the power of Congress
6. Evaluate the view that US foreign policy is dominated as much by Congress
as by the presidency. (PAST PAPER QUESTION)
7. Evaluate the extent to which Congressional checks of the President is
ineffective. (PAST PAPER QUESTION)
8. Evaluate the view that the weaknesses of the constitution outweigh its strength and
that its no longer for purpose.
9. Evaluate the view that domestic policy is dominated by congress and not the president
10.Evaluate the extent to which the president can get his way in congress.
11. To what extent is the president imperial?
12.Evaluate the extent to which constituents are the most important influence on
members of congress.
13.Evaluate the view that affirmative action has been successful.
14.Evaluate the extent to which the SC is more powerful the Congress and the Presidency
15.Evaluate the extent the SC can be considered a political institution
16.Evaluate the extent to which racial equality has been achieved today in the US.
17.Evaluate the extent to which the factors of ethnicity, religion, gender and education
played an influential role in voting patterns in one presidential election since 2000
18.Evaluate the extent to which interest groups have significant influence in the US
Executive, congress and judiciary
19.Evaluate the extent to which the electoral colleges advantages outweigh its
disadvantages
20.Evaluate the extent to which the US political system allows for the success of interest
groups
21.Evaluate the view that congress fails in its oversight function
Evaluate the extent to which the process for amending the constitution works well
(30)
DOES NOT WORK WELL = LOA
Requires broad support
- Arguably the process works well because any amendment requires huge amount of
support – super majority in national and state legislatures = national consensus
- It ensures broad support is gained for amendments for example recent mass shootings
in the USA mean the suggestion of repealing the Second Amendment may seem
obvious however 2018 you Gov poll showed only 1/5 of Americans wanted the Second
Amendment repealed. Ensuring a high threshold for amendments means that the
constitution reflects the will of the USS people as closely as possible
- This also ensures that no political party can pass an amendment alone. The US is full of
polarising views and due to the nature of the process, it ensures that consensus is
reached before implementing any change which prevents one party dominating the
process
- It allows for minorities to be ignored. The defence of Marriage Act 1996 defined
marriage federally as being one man and one woman. While the Supreme Court
eventually invalidated this act through its rulings Windsor v United states in 2014, and
2015, the chances of an amendment recognising the rights of same sex couples is very
slim, given that 4% of American adults identify as LGBT
- Ignorance of minority interests – supermajorities which are needed, hard for
minority groups to bring a change - rights are ignored
, - Goes against concept of majoritarian democracy – modern democracy is based
on majoritarian democracy and the supermajorities needed to amend the constitution
are undemocratic, proposed amendments e.g. the flag protection amendment
(constitutionally illegal to desecrate the US flag) had 50% congress vote but failed
supermajority.
- Only 13/50 states need to oppose an amendment to block it. The aforementioned equal
rights amendment passed congress but fell short of receiving enough state support –
37 states supported. This is seen as a tyranny of the minority as 13 states – 24% of the
population prevented an amendment a majority wanted.
- States with small populations have too much influence – possible for the 13
smallest states to block an amendment proposal
- Hard to achieve as there are two parties, confliciting views -
Ensures well thought out amendments – not too flexible
- Ensures any amendment is well thought out and prevents too much flexibility
- It ensures the amendments are well thought through, a balanced budget amendment
has been proposed 134 times since 1999 to try and ensure the US government at least
spends what it earns in taxes, 38 of these were between 2011 and 2014 when
Republicans controlled the House of Representatives, a figure more than double the
previous two congresses under democratic control, making it a seemingly party
political issue
- It works – it allows amendments to pass as seen by the 27 however prevents
unnecessary amendments from passing
- Hard to amend outdated provisions or to incorporate new ideas – the low
success rate means well-thought out amendments may fail e.g. equal rights
amendment – broad consensus regarding women’s rights, an equal rights amendment
has still not been passed, passed congress in 1972 but not states in 1982
- Hard to ensure the constitution remains up to date – changing modern society
aren’t reflected in in the constitution due to difficulty of changing it e.g. SC judge
Stevens said there were 6 areas of it which needed amendment e.g. the death penalty
and gun control
- Mistakes are still made – the complicated process allowed 18 th – prohibition
amendment 1918 however this was corrected in 1933 21 st amendment repealed this
amendment
Protects states and induvial rights - Can Evolve due to reinterpretation - Gives
supreme court power
- Could be said that the process works well as its entrenched nature means it is hard to
change therefore the citizens are aware of their rights and the federal government’s
power is limited by the 9th and 10th amendment
- it also protects smaller states rights as it prevents tyranny over the majority, the most
populous five states accounts for 37% of the US population, Hillary Clinton won
California by four million votes in 2016, helping to explain her victory in the popular
vote, the amendment process ensures but such popular states can't simply amend the
constitution to suit themselves
- Protects states and upholds federalism – the 10th amendment clearly shows the
states reserved powers. Provision for a constitutional convention called by the states
ensures against a veto being operated by congress on the initiation of amendments
- Prevents tyranny of large states and single parties – population is large and
unevenly spread. Federalism ensures that states remain important individually rather
than just their populations. If amendments were made based on size, the larger states
would have power. the ratification stage means each state matters.
- The supermajorities needed at proposal level means no party can dominate the process
- The Supreme Court’s ability to interpret the constitution has allowed for the meaning of
words written hundreds of years ago to be relevant today: ‘interpretative
amendments’.
- only 27 changes – most day to day governance is left to congress and to states, it also
means principles and rights of the constitution are clear and unchanging. The citizens
are aware of their rights. The UK however has an unclear as its uncodified
, - Outdated aspects of the constitution remain, due to the difficulty of passing
amendments. In the last five U S presidential elections, the Electoral College has twice
returned a different winner to the popular vote. While the founding fathers included the
Electoral College as a guard against popular democracy, in the 21st century this
undermines the principles of liberal democracy
- Outdated aspects of it still exist – still being enforced e.g. the USA has changed in
size since it was made, technology has changed. The 2 nd amendment should become
applicable only to those serving in a militia and that capital punishment should be
eliminated
- A difficult amendment process allows for a very powerful Supreme Court which can
seemingly make new laws. In 2018 the court issues a controversial ruling in favour of a
Colorado Baker who refused to make a wedding cake for an LGBT couple, ruled that cell
phone location records do not fall under the 4th amendment, therefore needing a
warrant to be obtained, and upheld president trump's order which banned travellers
from five Muslim majority countries from entering the UK.
- Enhances the power of the unelected supreme court to make interpretive
amendments – the entrenched nature allows 9 unelected judges to interpret what’s
constitutional. E.g. Roe V Wade 1973 7-2 in favour to women’s right to abortion –
controversial decision. The SC decisions can be overturned by constitutional
amendment but this has. Only happened once – 16 th amendment allows congress to
levy income tax
- Power given to the SC – the SC has lots of power – they can alter and change it
considerably although they’re unelected/unaccountable – the courts decisions can be
overturned by a constitutional amendment but its very. Hard and rare – only 16 th
amendment.
Evaluate the extent to which the checks and balances of the US Constitution are
still effective today.
- Not effective as political parties have polarised and therefore checks and balances are
cause gridlock in a divided government whereas united governments bypass the process
President – Executive
- Legislation – only congress can pass laws –separation of powers means president can
only propose legislation – enumerated powers. US president is elected directly, campaigns
on own policies, no legislative powers directly however the constitution gives him the right
to suggest legislation to congress through the annual state of the union address – putting
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