Topic 1 American comstitution

Advantages of current process of amending US constitution (Point 1 supermajority)

Supermajority needed- 2/3 of congress have to approve proposal, ¾ of state legislative to ratify. This means that state amendments that pass must have a general consensus of support between the two parties.

Example- 26th amendment which lowered the voting age from 21 to 18

Advantages of current process of amending US constitution (Point 1 supermajority)

Supermajority needed- 2/3 of congress have to approve proposal, ¾ of state legislative to ratify. This means that state amendments that pass must have a general consensus of support between the two parties.

Example- 26th amendment which lowered the voting age from 21 to 18

Counterpoint for amendment system (supermajority)

Amendments which have widespread support often do not pass because of a minority of people

33/12000 amendments that are proposed are passed

ERA example

State legislation or convention ratifies amendments, meaning smaller states have disproportionate influence

Equal rights act case study

Equal rights amendment (proposed 1972) only had 35/38 ratification. The states which didn’t ratify were disproportionately southern, and included small states

Evidence that US elections are undemocratic (electoral college)

Presidents win all of states electoral votes by winning even the slimmest of majorities. Every state (+ Washington DC) apart from Nebraska and Maine use this system.

Campaigning presidents will pander specifically to swing states. Alternatively votes in strong red or blue seats for the other party are wasted

Naturally results in two party system (though not constitutionally enforced)

2016 election case study (democracy co-opted)

Trump barely won Michigan (0.2%) whereas Clinton won California by 4.2 million

The margins had no effect

Weaker counterpoint (elections being democratic)

Elections every for years, presidents are fixed to two terms meaning that (outside of extraordinary circumstances) the president changes every eight years

House of Representatives (lower chamber) are elected every two years + Senators electors every six years. Difference in interest

Merrick Garland case study

Judiciary being a threat to democracy

Judges are partisan and appointed based on this, though are unelected

Dobbs vs Jackson 2022- Supreme Court had 6 republican judges and 3 democrat

Compare to 1973 Roe vs Wade, the court was split 5 republicans and 4 democrats

Unconstitutional blocking of Merrick Garland, based on party affiliation

Dobbs vs Jackson

Roe vs Wade

Weaker counterpoint to this

Federalism definition

When power is shared between federal government and state authority with each having their area of jurisdiction

Evidence that the President threatens democracy

Can abuse

Enumerated powers: Veto legislation, command the armed forces (though the president cannot declare war without congress, they can engage in military action on their own accord) and nominates judiciary.

Case study to support this

Evidence the executive can be effectively checked

Three main themes for federalism being in decline essay

1- Freedom for states to create own policy

2- Pushback against federal fiscal dominance

3- Protection against federal coercion

Freedom to create policy [Point + counterpoint]

Dobbs vs Jackson resulted in authority to regulate on abortions being returned to state.

Significant milestone change from 1973

Gov restriction of states being properly scrutinised by Supreme Court

Supreme Court strike down Arizona 2012

However because borders are national, federal supremacy over immigration laws are unavoidable

Pushback against federal fiscal dominance

• 2010 affordable care act

Additional funding was contingent on Medicaid expansion.

Funding made up much of the states budget, the clause was seen as coercive

• 2012 Supreme Court

Ruled the coercion as unconstitutional and made Medicaid expansion optional

• 2025 big beautiful bill meant states had more flexibility to restrict Medicaid expansion

Though restricted states trying to expand Medicare

Shows status of Federalism is determined partly by party alignment