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• the effectiveness if these principles in the 21st century have been questioned, perhaps resulting in them being outdated

• this essay will argue that the constitution is effective in achieving those principles by discussing limited government, checks and balances and 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 1 - Judgement

Para 2 - Weaker Argument = Not Effective