Evaluate The View That The US Constitution Is Democratic. (30)

AGREE 1

Key principles of the constitution are protected by a difficult amendment process, designed by the founding fathers.

Amendments require 2/3 majority in congress and ratification in ¾ of states.

Flag desecration (ban burning the US flag) amendment failed as it threatened the 1^st amendment – freedom of speech.

DISAGREE 1

Requirement for supermajorities allow a small majority either in congress or in the states to block amendment proposals that have majority support in congress and across the population.

Equal Rights Amendment passed congress but failed to be added to the constitution because it did not receive ratification from ¾ of the states.

AGREE 2

Separation of powers and system of checks and balances can prevent tyranny, protecting democracy.

Founding fathers sought to prevent tyranny by separating the 3 branches.

1. When both Obama and Biden became President in 2008 & 2020, they had to step down from the Senate.

2. Congress makes laws, Presidents confirms/vetoes and implements laws, Judiciary enforces and interprets the law.

3. Obama vetoed 12 bills during his presidency.

4. Trump 10 (1^st term) – 2020 vetoed Iran war powers resolution which would have limited the president’s authority to use military force against Iran without congressional approval.

DISAGREE 2

Vagueness of constitution on federal power has led to significant expansion of federal power in areas of policy traditionally controlled by the states.

1. GWB No Child Left Behind Act introduced major changes to education policy, with the federal govt role increasing to try create uniform national standards. Education prev. controlled by states. States were required to test children annually with a uniform national test.

2. In response to BLM protests Trump deployed federal troops to tackle protests despite several states opposing it and local policing being an area traditionally controlled by states.

AGREE 3

Regular elections allow electorate to regularly vote out politicians if they’re deemed to have failed to represent them effectively.

·   Members of HoR are elected every 2 years

·   President elected separately allows pop to vote for both legislature and head of executive.

DISAGREE 3

 

Electoral college system is outdated and undermines democracy. President can win whilst losing the popular vote.

2016 Trump won the election against Hillary Clinton despite Clinton receiving nearly 2.9m more votes overall.