consitution !

nature

• codified

• entrenched

• hard to ammend

• has many vague elements - need to interpret

ammendment process

• 27 ammendments

• proposed by 2/3 of both houses or 2/3 of states

• ratified by ¾ of states or state conventions

advantages

• any clear ammendments have clear majority

• pointless ammendments not passed

• preserves sancity of constitution

• role of states in ratification retains federalism

disadvantages

• few ammendments passed

• unelected s.c has too much power- ‘interpretive ammendments

• neccessary or desired ammendments not passed

• constitution outdated

• many ammendments fail to be ratified by states specifically equal reights ammendments

aims of founding fathers

• limited gov

• national gov

• federalism

• democracy

key principles

• seperation powers

• checks and balances

• federalism

• limited gov

• bipartisanship

seperation powers

• different branches seperated by constituion

• physically occupy different locations

• have different shared powers

president powers

• enforce laws

• nominate

• to spend

congress powers

• make and pass laws

• confirm appointments

• power to tax

supreme court powers

• review laws

• determine consitutionality

c+b congress on president

• impeachment

• override veto

• confirm treaties and appointments

c+b pres on congress

• veto bills

c+b pres on sc

• pardon crimes

c+b s.c on pres

• declare actions unconstitutional

c+b congress on sc

• propose consitution ammendments

• impeachment

bipartisanship

• divided gov occurs

• promotes idea of two parties cooperating and compromising

• can lead to a less effective gov

• can use checks to block rivals

limited gov

• seperation powers and checks limits national gov

• bill of rghts limit powers

federalism

• power shared national and state govs

• national gov has enumerated powers- expresskey granted in consitution

• state gov hold power and authority in all other areas

• implied powers give more power to federal gov’s

federalism since 1968 increased

• gave more control to states with block grants

• reagan tried to reduce size of federal gov

• supreme court rulings limit powers - us v lopez

federalism s decreased

• under bush and obama

• education - no child left behind

• healthcare- medicare, affordable care act

• defence- homeland threats

• economic- bailouts

• enviornment protection agency

• 1932 realigning election roosevelt new deal increased federalism after Great Depression

federalism in consitution

• representation determined by state

• all states equal represented in senate

• representatives must reside in their state

• electoral process decided by state

• electoral college based on state representation

• right to levy state taxes

• state gov fill vacancies- respect other state law

• ratification determined by state- 10th ammendment is power to states

does constitution work today yes

• codified-citizens know framework of gov

• widely revealed and respected

• ca be ammended - 27 ammendments - 19th votes for women

does constitution work today no

• gives too much power to s.c

• most dividing issues use it - abortion, gun control

• outdated

• ammend process blocked popular changes

does it protect civil liberties- yes

• rights are entrenched

• bill of rights give key rights

• codified

• s.c decisions have increased rights

does it protect civil liberties- no

• vague wording

• opponents to 2nd ammendments

• outdated

• s.c too much power

• hard to pass new ammendments

uk vs us

UK

• uncodified

• flexible

• unitaru

• parl sovereignty

• unentrenched rights

• fusion of powers

• weak judiciary

US

• codified

• rigid

• federal

• entrenched rights

• consitutional sovereign

• separation powers

• strong judiciary

Three features of the US constitution

* Codified nature- only 27 amendments since 1789- bad for development - ensures stability and clarity

* Separation of powers- Marbury v. Madison establishing judicial review- gridlock, especially in a polarized political environment- maintains accountability and limits authoritarianism

* Federalism- States regulate education and marriage laws, while the federal government oversees defense and foreign policy- create inconsistencies (gun laws or abortion)- allows policy diversity and local autonomy

Three ways the separation of powers is protected in the US

* Constitutional framework- Marbury v. Madison establishing judicial review- gridlock, especially in a polarized political environment- maintains accountability and limits authoritarianism

* Checks and balances- The President can veto legislation, Congress can override vetoes and impeach officials, and the Supreme Court can strike down unconstitutional laws (Marbury v. Madison)- bush iraq war didn’t ask- later no second term- ensures accountability and discourages abuses of power

* Judicial independence- Federal judges, including Supreme Court justices, serve for life unless impeached, allowing them to rule impartially on the actions of Congress or the President.- however biased judges trump barret( did vote against his views) - allows the judiciary to act as a neutral arbiter in disputes between the branches, reinforcing the separation of powers

Three ways in which checks and balances takes place

* Exec checks legislature- obama vetoed keystone xl pipeline approval - but can lead to legislative standoffs, especially during divided government- The veto power ensures collaboration between branches

* Legislasture against exec- Congress overrode President Trump's veto of the 2021 National Defense Authorization Act- difficult to achieve due to the high threshold for override or impeachment- his mechanism holds the executive accountable

* Judiciary checls both exec and leg- Marbury v. Madison (1803) established judicial review, and United States v. Nixon (1974) limited presidential power.- can lead to debates over judicial activism versus judicial restraint.- judicial review protects constitutional principles

Three arguments that the US constitution is too hard to amend

* High thresholds for approval- The Equal Rights Amendment (ERA), which sought to guarantee gender equality, failed despite widespread public support due to insufficient state ratifications-prevents unneeded amendments- This supermajority requirement often prevents amendments that reflect contemporary societal values or address pressing issues.

* Small states have disproportionate power- The ratification process gives equal weight to all states regardless of population- States like Wyoming (with fewer than 600,000 residents) have the same influence in ratification as California (with nearly 40 million residents).- although percieved as equal- undermines democratic principles by allowing a minority of states or populations to veto amendments, even when there is national consensus.

* Entrenchment favours status quo- , but this entrenchment can prevent timely responses to societal changes.- issues like gun control, campaign finance reform, and electoral college reform remain unaddressed- difficult to amend to ensure stability-This rigidity makes the Constitution less adaptable to modern challenges, potentially hindering progress and responsiveness

Three arguments that the US constitution is not hard to amend

* Amendment process has worked- 27 times 13th and 19th important- although some see as rigid - These amendments show that when there is strong public and political support, the process is achievable, even for transformative changes.

* Informal amendments thru interpretation- judicial interpretation- Cases like Brown v. Board of Education (1954) interpreted the Equal Protection Clause of the 14th Amendment to outlaw racial segregation.- allows the Constitution to evolve without needing formal amendments,

* State-Level Ratification Promotes Consensus- need 3/4 ensures broad national agreement while accommodating diverse perspectives- The 21st Amendment, which repealed Prohibition, demonstrated that amendments reflecting widespread consensus can pass swiftly (ratified in under a year).-however many national issues like gun control fail -ensures that changes to the Constitution reflect national unity rather than partisan

Three arguments the US Constitution is out of date

* Electoral college outdated- does not align with modern democratic principles,- In 2016, Donald Trump won the presidency despite losing the popular vote to Hillary Clinton by nearly 3 million votes.- although working when established - reflects the framers' fears of direct democracy but is seen as undemocratic today

* Second amendment and gun control- Mass shootings in the US have prompted calls for reform, but the entrenched nature of the Second Amendment complicates meaningful legislative change sandy hook- historically was considered valid- less applicable to modern issues, yet its rigidity prevents adapting to contemporary needs for public safety.

* Difficulty amending- making it nearly impossible to adapt to modern issues like campaign finance reform or equal rights.- The Equal Rights Amendment (ERA), first proposed in 1923, still has not been ratified despite broad support. - although passing 27 amendments-This rigidity stifles the Constitution’s ability to evolve and respond to societal changes, leaving it stuck in the past.

Three ways that the US constitution protects rights

* The bill of rights- protect fundamental rights, including freedom of speech, religion, and protection from unreasonable searches.- although interpretation an vary - explicit protections provide a legal framework to uphold civil liberties and prevent government overreach

* Judicial review-nterpreting the Constitution and striking down laws that violate constitutional rights.- Brown v. Board of Education (1954) struck down racial segregation in schools under the Equal Protection Clause of the 14th Amendment.- though decisions can be controversial by orignalists- allows the Constitution to be a living document, adapting to new contexts to protect rights

* Amendments adressing equality- 13th, 14th, 19th, - although he amendment process can be slow and difficult, delaying necessary reforms- These amendments demonstrate the Constitution's ability to adapt and extend rights

Three ways that the US constitution doesn't protects rights

* Vague language- vague and open to interpretation, allowing for restrictions on rights.- The First Amendment guarantees free speech, but this has been limited by laws like the Sedition Act of 1918- although vague language gives flexibility- permits rights to be curtailed, depending on judicial and political contexts.

* Failure adress modern issues- written in the 18th century- , LGBTQ+ rights have relied on judicial interpretation rather than explicit constitutional guarantees (Obergefell v. Hodges, 2015).- although still allowing changes - ack of explicit protections forces reliance on judicial rulings, creating inconsistency and vulnerability to reversals. Roe v wade

* Inequalities in application of rights-not always equally applied, particularly for marginalized groups, due to systemic inequalities and historical biases.- The Equal Protection Clause of the 14th Amendment has not always been upheld in cases of racial injustice, as seen in the persistence of voter suppression laws targeting minorities (Shelby County v. Holder, 2013).- although protecting some rights- Structural and systemic barriers mean that constitutional protections often fail to reach those who need them most, undermining their universality.

Explain and analyse 3 ways federalism has increased

Expansion of Federal Power Under Bush – The War on Terror

• After 9/11, Bush expanded federal authority through security measures and military actions.

• Example: The Patriot Act (2001) increased federal surveillance powers, reducing state autonomy over law enforcement.

• Analysis: National security concerns allowed the federal government to override state privacy protections and centralize authority.

2. Growth of Federal Influence Under Obama – Healthcare Reform

• Obama’s Affordable Care Act (ACA) increased federal control over healthcare policy.

• Example: The Medicaid expansion under the ACA required states to adopt new healthcare policies or risk losing funding.

• Analysis: By tying federal funds to state compliance, the federal government gained more control over state healthcare systems.

3. Crisis Management and Federal Expansion – Bush and Obama Economic Policies

• Both presidents expanded federal power in response to economic crises.

• Example: Bush’s TARP (2008) and Obama’s American Recovery and Reinvestment Act (2009) provided federal funds to bail out banks and boost state economies.

• Analysis: Economic crises justified federal intervention in traditionally state-controlled areas like infrastructure and business regulation.

Explain and analyse 3 ways federalism has decreased

1. Supreme Court Rulings Limiting Federal Power – Rehnquist and Roberts Courts (Reagan & Bush)

• The Supreme Court has ruled in favor of states’ rights, limiting federal authority.

• Example: United States v. Lopez (1995), during Clinton’s presidency but influenced by Reagan-era appointments, ruled that Congress overstepped its authority under the Commerce Clause by trying to regulate guns in schools.

• Analysis: This case marked a shift toward limiting federal power, reinforcing the idea that states control local matters rather than the federal government.

2. Devolution of Powers to States – Reagan and Bush

• Republican presidents, particularly Ronald Reagan and George W. Bush, promoted devolution, shifting responsibilities back to states.

• Example: Reagan’s New Federalism reduced federal grants and returned more control to states over welfare and education. Bush’s No Child Left Behind Act (2002) aimed to increase federal standards in education but later led to calls for more state control, and Obama allowed states to opt out of certain provisions.

• Analysis: Devolution weakens federal oversight, allowing states to control policy areas traditionally dominated by federal programs.

3. State Resistance to Federal Policies – Obama and Biden Era

• States have increasingly challenged federal laws and mandates, especially in healthcare and environmental policies.

• Example: During Obama’s presidency, Republican-led states challenged the Affordable Care Act (2010), leading to the Supreme Court ruling in NFIB v. Sebelius (2012), which made Medicaid expansion optional. Similarly, under Biden, conservative states have resisted federal COVID-19 mandates and climate regulations.

• Analysis: When states push back against federal initiatives and win legal battles, it limits the federal government's ability to enforce uniform policies across the country.