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

Introduction

• the US constitution is codified because it is written down in a single document, and entrenched because it is difficult to amend

• over the last decades, it has become increasingly unclear whether the codification and entrenchment of the constitution limits or enhances the effectiveness of the federal government

• this essay will argue that the entrenched and codified nature of the constitution has more advantages by discussing amendments, the judiciary, and abuses if power

Para 1 - Weaker Argument = More Disadvantages

• the fact that the constitutioni is entrenched and the amendment process is extremely difficult leads to it having a number of outdated oarts

• the 2nd Amendment, for example, can be seen as ill designed for the 21st century and makes the US out of step with other modernised democracies

• this shows that the constitution fails to change and evolve as society does, particularly in the current highly partisan environment, in which supermajorities are almost impossible

• this can be seen in the proposed Equal Rights Amendment that failed to reach the 3/4 of states needed to amend the constitution

Para 1 - Stronger Argument = More Advantages

• the Amendment process is done through supermajorities from both house in Congress

• the 16th amendment in 1913, for example, allowed the federal government to legislate for an income tax, allowing the US to spend more and modernise when it was necessary, in particular for military spending

• this shows how the difficult process ensures that any amendments are well protected and that ill thought changes are not passed

• this was intentionally designed by the Founding Fathers to protect the key principles of the constitution

Para 1 - Judgement

• clearly the argument that codification and entrenchment has more disadvantages is weaker to a large extent as it only mentions a small number of amendments that are outdated, and fails to acknowledge that the constitution is intentionally designed to prevent rapid or partisan changes

• clearly the argument that codification and entrenchment has more advantages is stronger to a large extent as it considers the benefits of rigidity and gives examples, which is more important to protect constitutional stability

Para 2 - Weaker Argument = More Disadvantages

• the codified and entrenched constitution gives the Supreme Court an excessive amount of power for an unelected institutions

• in the past 2 decades, the Supreme court has mostly had a conservative majority which has led to a number of decisions aligning with Republican policy

• for example, Dobbs v. Jackson Women’s Health Organisation (2022), the Supreme Court reinterpreted the 14th amendment to remove the constitutional right to an abortion

• this shows how problematic the appointment of the Supreme court is for interpretation if the constitution due to its highly partisan nature

• this calls into question the ability to interpret the constitution in a neutral manner and prevent abuse of power

Para 2 - Stronger Argument = More Advantages

• the Supreme court can change how the constitution is implement by altering how they interpret it

• for example, Roe v Wade has allowed the constitution to be flexible and evolve, as the Supreme Court legalised abortion by deciding it was a constitutional right to privacy p, derived from the 14th amendment

• this shows that the power of judicial review enables the constitution to be flexible and evolve with changing society

Para 2 - Judgement

• clearly the argument that codification and entrenchment has more disadvantages is weaker to an extent as although it highlights partisan decisions, it fails to acknowledge that judicial review is a check that can prevent misuse of judicial powers

• clearly the argument that codification and entrenchment has more advantages is stronger to a large extent as it shows examples of judicial review can check interpretive powers and protect the constitution

Para 3 - Weaker Argument = More Disadvantages

• Citizens United v. Federal Election Commission, for example, the First Amendment was used to justify rich individuals being able to donate huge amounts of money to political campaigns

• this shows how the codified and rigid nature of the constitution facilitates abuses if the political system

• this means that the outdated provisions of the constitution remain, which can facilitate the unfair application of the constitution

Para 3 - Stronger Argument = More Advantages

• through the principle of checks and balances, legislation/government actions can be struck down that breach the constitution

• for example, the Affordable Care Act’s provision the required states to expand Medicaid provision or lose existing federal funding for Medicaid programmes was struck down by the Supreme court

• this shows how the codification if the constituuin makes coear rukes of government and the limitations of government power

• this ensures that it is clear when the government abuses power and that it can be held to account

Para 3 - Judgement

• clearly the argument that codification and entrenchment has more disadvantages is weaker to a large extent as it doesn’t display how the constitution has failed to correct abuses of power

• clearly the argument that codification and entrenchment has more advantages is stronger to a large extent as it shows how constitutional principles such as checks and balances can ensure that federal powers stay intact