Evaluate The View That The US Constitution Is Effective In Achieving The Principles Set Out By The Founding Fathers. (30)

AGREE 1

Constitution is effective in protecting federalism -10^th amendment clearly protects the power of the states by stating that powers not explicitly given to the federal govt are reserved for the state.

Trump 2017 issued exec order that withheld federal grants from sanctuary cities. Struck down and declared unconstitutional as it was seen as an attempt to force states to change policy when it was within their rights to have sanctuary cities.

AGREE 1.2

protection of federalism also seen in the fact states can retain significant policy control

Dobbs v Jackson Women’s Health Organisation – states given full control over regulating abortion access. REP states e.g Texas have implemented near-total abortion bans with no exceptions. DEM states expanded abortion protections.

DISAGREE 1

significant expansion of federal powers into areas traditionally controlled by states.

1. GWB No Child Left Behind Act introduced major changes to education policy, with the federal govt role increasing to try create uniform national standards. Education prev. controlled by states. States were required to test children annually with a uniform national test.

2. In response to BLM protests Trump deployed federal troops to tackle protests despite several states opposing it and local policing being an area traditionally controlled by states.

AGREE 2

Separation of powers is a key principle and feature of US constitution. The founding fathers sought to prevent tyranny by separating the 3 branches of govt.

When both Obama and Biden became President in 2008 & 2020, they had to step down from the Senate.

DISAGREE 2

not protected due to informal powers: Executive orders allow the president to make significant changes to US policy without approval from congress

Obama used executive orders to pass the DACA scheme which allowed immigrants who came to the US as children to work and live in the US legally.

AGREE 3

Checks and balances can prevent tyranny as it ensures no single branch becomes overly powerful.

Congress makes laws, Presidents confirms/vetoes and implements laws, Judiciary enforces and interprets the law.

Obama vetoed 12 bills during his presidency

Trump 10 (1^st term) – 2020 vetoed Iran war powers resolution which would have limited the president’s authority to use military force against Iran without congressional approval.

DISAGREE 3

Checks and balances can be an obstacle to effective government as they can slow down or block decision – making.

2025-6 the govt shutdown for 43 days as congress was unable to come to an agreement on the budget