Evaluate The View That The Entrenched And Codified Nature Of The US Constitution Has More Advantages Than Disadvantages. (30)

AGREE1

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

Constitution is rigid, outdated and fails to evolve as society does

2^nd amendment originally designed to protect against a tyrannical govt. less relevant today due to strength of US military. Failure to amend -> countless shootings every year.

AGREE 2

Codified nature enables judicial review which allows the constitution to be flexible and evolve through SCOTUS interpretation.

Roe v Wade – SC legalised abortion across US by deciding that women had the constitutional right to an abortion under the right to privacy derived from the 14^th amendment.

DISAGREE 2

Unelected SCOTUS judges given too much power. Can interpret the constitution how they wish and make huge changes to the constitution.

Dobbs v Jackson Women’s Health Organisation –  SC reinterpreted the 14^th amendment to remove the right to an abortion.

AGREE 3

Codified nature clearly sets out the limits of govt power, enabling it to be held to account when abusing power.

The judiciary can strike down legislation/govt actions that breaches the constitution.

the Court ruled that part of the Affordable Care Act requiring states to expand Medicaid or lose existing federal funding was an unconstitutional overreach of federal power.

DISAGREE 3

Entrenched amendment process can facilitate abuses of power by making it difficult to reform undemocratic features of the constitution.

Senate and Electoral College give disproportionate power to smaller states but unlikely to be removed as amendments require ratification by ¾ of states so smaller states would have to vote to reduce their own power.