1.Evaluate the extent to which the process for amending the constitution works well (30) 2.Evaluate the extent to which the checks and balances of the US Constitution are still effective today.
3.Is the USA still a federal nation?
4.Evaluate the view that the relationship between the federal government and the states is determined more by the president than the US constitution.
5.Evaluate the view that the US constitution is more effective at checking the power of the president than it is at checking the power of Congress 6.Evaluate the view that US foreign policy is dominated as much by Congress as by the presidency. (PAST PAPER QUESTION) 7.Evaluate the extent to which Congressional checks of the President is ineffective. (PAST PAPER QUESTION) 8.Evaluate the view that the weaknesses of the constitution outweigh its strength and that its no longer for purpose.
9.Evaluate the view that domestic policy is dominated by congress and not the president 10.Evaluate the extent to which the president can get his way in congress.
- To what extent is the president imperial?
12.Evaluate the extent to which constituents are the most important influence on members of congress.
13.Evaluate the view that affirmative action has been successful.
14.Evaluate the extent to which the SC is more powerful the Congress and the Presidency 15.Evaluate the extent the SC can be considered a political institution 16.Evaluate the extent to which racial equality has been achieved today in the US.
17.Evaluate the extent to which the factors of ethnicity, religion, gender and education played an influential role in voting patterns in one presidential election since 2000 18.Evaluate the extent to which interest groups have significant influence in the US Executive, congress and judiciary 19.Evaluate the extent to which the electoral colleges advantages outweigh its disadvantages 20.Evaluate the extent to which the US political system allows for the success of interest groups 21.Evaluate the view that congress fails in its oversight function Evaluate the extent to which the process for amending the constitution works well (30)
DOES NOT WORK WELL = LOA
Requires broad support -Arguably the process works well because any amendment requires huge amount of support – super majority in national and state legislatures = national consensus -It ensures broad support is gained for amendments for example recent mass shootings in the USA mean the suggestion of repealing the Second Amendment may seem obvious however 2018 you Gov poll showed only 1/5 of Americans wanted the Second Amendment repealed. Ensuring a high threshold for amendments means that the constitution reflects the will of the USS people as closely as possible -This also ensures that no political party can pass an amendment alone. The US is full of polarising views and due to the nature of the process, it ensures that consensus is reached before implementing any change which prevents one party dominating the process -It allows for minorities to be ignored. The defence of Marriage Act 1996 defined marriage federally as being one man and one woman. While the Supreme Court eventually invalidated this act through its rulings Windsor v United states in 2014, and 2015, the chances of an amendment recognising the rights of same sex couples is very slim, given that 4% of American adults identify as LGBT -Ignorance of minority interests – supermajorities which are needed, hard for minority groups to bring a change - rights are ignored 1 / 3
-Goes against concept of majoritarian democracy – modern democracy is based on majoritarian democracy and the supermajorities needed to amend the constitution are undemocratic, proposed amendments e.g. the flag protection amendment (constitutionally illegal to desecrate the US flag) had 50% congress vote but failed supermajority.-Only 13/50 states need to oppose an amendment to block it. The aforementioned equal rights amendment passed congress but fell short of receiving enough state support – 37 states supported. This is seen as a tyranny of the minority as 13 states – 24% of the population prevented an amendment a majority wanted.-States with small populations have too much influence – possible for the 13 smallest states to block an amendment proposal -Hard to achieve as there are two parties, confliciting views - Ensures well thought out amendments – not too flexible -Ensures any amendment is well thought out and prevents too much flexibility -It ensures the amendments are well thought through, a balanced budget amendment has been proposed 134 times since 1999 to try and ensure the US government at least spends what it earns in taxes, 38 of these were between 2011 and 2014 when Republicans controlled the House of Representatives, a figure more than double the previous two congresses under democratic control, making it a seemingly party political issue -It works – it allows amendments to pass as seen by the 27 however prevents unnecessary amendments from passing -Hard to amend outdated provisions or to incorporate new ideas – the low success rate means well-thought out amendments may fail e.g. equal rights amendment – broad consensus regarding women’s rights, an equal rights amendment has still not been passed, passed congress in 1972 but not states in 1982 -Hard to ensure the constitution remains up to date – changing modern society aren’t reflected in in the constitution due to difficulty of changing it e.g. SC judge Stevens said there were 6 areas of it which needed amendment e.g. the death penalty and gun control -Mistakes are still made – the complicated process allowed 18 th – prohibition amendment 1918 however this was corrected in 1933 21 st amendment repealed this amendment Protects states and induvial rights - Can Evolve due to reinterpretation - Gives supreme court power -Could be said that the process works well as its entrenched nature means it is hard to change therefore the citizens are aware of their rights and the federal government’s power is limited by the 9 th and 10 th amendment -it also protects smaller states rights as it prevents tyranny over the majority, the most populous five states accounts for 37% of the US population, Hillary Clinton won California by four million votes in 2016, helping to explain her victory in the popular vote, the amendment process ensures but such popular states can't simply amend the constitution to suit themselves -Protects states and upholds federalism – the 10 th amendment clearly shows the states reserved powers. Provision for a constitutional convention called by the states ensures against a veto being operated by congress on the initiation of amendments -Prevents tyranny of large states and single parties – population is large and unevenly spread. Federalism ensures that states remain important individually rather than just their populations. If amendments were made based on size, the larger states would have power. the ratification stage means each state matters.-The supermajorities needed at proposal level means no party can dominate the process -The Supreme Court’s ability to interpret the constitution has allowed for the meaning of
words written hundreds of years ago to be relevant today: ‘interpretative
amendments’.-only 27 changes – most day to day governance is left to congress and to states, it also means principles and rights of the constitution are clear and unchanging. The citizens are aware of their rights. The UK however has an unclear as its uncodified 2 / 3
-Outdated aspects of the constitution remain, due to the difficulty of passing amendments. In the last five U S presidential elections, the Electoral College has twice returned a different winner to the popular vote. While the founding fathers included the Electoral College as a guard against popular democracy, in the 21st century this undermines the principles of liberal democracy -Outdated aspects of it still exist – still being enforced e.g. the USA has changed in size since it was made, technology has changed. The 2 nd amendment should become applicable only to those serving in a militia and that capital punishment should be eliminated -A difficult amendment process allows for a very powerful Supreme Court which can seemingly make new laws. In 2018 the court issues a controversial ruling in favour of a Colorado Baker who refused to make a wedding cake for an LGBT couple, ruled that cell phone location records do not fall under the 4th amendment, therefore needing a warrant to be obtained, and upheld president trump's order which banned travellers from five Muslim majority countries from entering the UK.-Enhances the power of the unelected supreme court to make interpretive amendments – the entrenched nature allows 9 unelected judges to interpret what’s constitutional. E.g. Roe V Wade 1973 7-2 in favour to women’s right to abortion – controversial decision. The SC decisions can be overturned by constitutional amendment but this has. Only happened once – 16 th amendment allows congress to levy income tax -Power given to the SC – the SC has lots of power – they can alter and change it considerably although they’re unelected/unaccountable – the courts decisions can be overturned by a constitutional amendment but its very. Hard and rare – only 16 th amendment.Evaluate the extent to which the checks and balances of the US Constitution are still effective today.-Not effective as political parties have polarised and therefore checks and balances are cause gridlock in a divided government whereas united governments bypass the process President – Executive -Legislation – only congress can pass laws – separation of powers means president can only propose legislation – enumerated powers. US president is elected directly, campaigns on own policies, no legislative powers directly however the constitution gives him the right to suggest legislation to congress through the annual state of the union address – putting
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