Advantages and Disadvantages of the US Constitution

List of advantages

-sets out the checks and balances on each branch

-prevents ill conceived amendments

-constitution can be updated through judicial review

Checks and balances argument

-sets out three different, separate branches of government: legislative, executive and judiciary

-this helps to guard against executive tyranny

-impeachment of Donald Trump, 2020

-charged with abuse of power and obstruction of Congress

-impeached in the House

-acquitted in the Senate

-Mitt Romney found Trump guilty, only Republican Senator to do so

-Nixon v USA, 1974

-example on judicial branch checking on the executive

-Ford: 'our constitution works'

-Counter point: checks and balances weakened or strengthened depending on who has control of Congress

Ill conceived amendments argument

-about 11,000 proposed amendments

-Equal Opportunity to Govern Amendment (also known as the Arnold Amendment)

-would have allowed naturalised citizens, such as Arnold Schwarzenegger to run for President

-Federal Marriage Amendment

-would have defined marriage and banned same sex marriage

-introduced 4 times in the 21st century

Judiciary review argument

-first used in Marbury v Madison in 1803

-since then the Court has ruled 176 Acts of Congress unconstitutional

-Obergefell v Hodges, 2015

-Roe v Wade, 1973

-Buckley v Valeo, 1976

-SCOTUS can keep up with a changing society

List of disadvantages

-the 2nd amendment makes gun control legislation virtually impossible

-the judiciary should neutral but its appointment process has become extremely political

-the Electoral College is seen as a hopeless anachronism

-Congress has deferred war making powers to the President

2nd amendment argument

-Sandy Hook School Shooting 2012 resulted in 28 dead

-in 2013, the Obama administration introduced a federal assault bill banning assault rifles across all 50 states

-it was defeated 60 to 40

-many senators receive money from the NRA

-UK: 1996 Dunblane Massacre led to the 1997 Firearms Act being passed six months later

Appointment of judiciary

-Trump's appointment of Amy Coney Barrett

-appointed her in the hopes of firming up the Republican base

-she is socially conservative

-led to a 6-3 conservative majority on the court

-Trump also hoped that if there was a challenge to the election results the court would rule in his favour

-confirmation of ACB was done along party lines

-only one Republican voted against her confirmation

-the final result was 52-48

Electoral College argument

-in 2016 the popular vote winner lost the election

-Clinton received 3 million more votes than Trump but the electoral college vote was 306-232

-also happened in 2000

-recount in Florida with a difference of 537 votes

-SCOTUS ruled that there was not time for a recount

-ECVs went to Bush

-had there been a recount the votes would have gone to Gore

-Gore was also the popular vote winner

Declaration of war argument

-Congress has the power to declare war but they tend to defer the decision to the president

-Congress has declared war 5 times but the US has been involved in over 140 significant military conflicts since 1789