Evaluate The View That The US Constitution Is Effective In Achieving The Principles Set Out By The Founding Fathers.

Introduction

• the key principles of the US constitution were established to prevent the concentration if power and safeguard liberty

• the effectiveness if these principles in the 21st century have been questioned, perhaps resulting in them being outdated

Paragraph Focus

• Para 1 = Limited Government

• Paar 2 = Checks and Balances

• Para 3 = Bipartisanship

Para 1 - Weaker Argument = Not Effective

• the commerce clause which gives congress the power to regulate commerce, has been interpreted as giving Congress braid regulatory power

• the Civil Rights Act, for example used the commerce clause to end racial segregation in hotels and other accommodation

• this shows how the Supreme court’s braid interpretation of Congress’ implied powers has facilitated a significant growth in federal power

• this can bee seen as stretching federal power beyond the found fathers’ original intention

Para 1 - Stronger Argument = Effective

• this can be seen in 2017, when Trump issued an executive order that withheld federal grants from sanctuary states

• this was struck down and declared unconstitutional

• this shows how when the federal government seeks to overstep their powers in the constitution, the courts can step in to protect states power

• this means the constitution is effective in protecting federalism and ensuring the role of the federal government is limited

Para 2 - Weaker Argument = Not Effective

• in Jan 2026, President Trump announced that US forces had captured Venezuelan President Maduro without congressional approval

Para 2 - Stronger Argument = Effective

• eg. in Trump vs Wilcox (2025) SCOTUS ruled that whilst the President has the authority to dismiss the heads of most independent agencies, the Federal Reserve is a clear exception

Para 3 - Weaker Argument = Not Effective

Para 3 - Stronger Argument = Effective