Please enable JavaScript.
Coggle requires JavaScript to display documents.
1.4 Interpretations and Debates Around the US Constitution and Federalism …
1.4 Interpretations and Debates Around the US Constitution and Federalism
Extent of Democracy Within the US Constitution
KEY TYPES OF Democracy:
Liberal democracy:
protection of rights, free and fair elections and limited government are of paramount importance
Representative democracy:
people elect officials to represent them in institutions of government as trustees (not delegates)
US Constitution seems to advance both a liberal and a representative democracy, although aspects of the Constitution seem opposed to these ideals
See 'liberal and representative democracy' tables
Constitution’s Impact on the US Government Today
US Constitution places considerable constraints on itself - most of these impacts assessable as positive or negative
Positive Impacts
Each branch of government is given explicit powers
These cannot be removed
Ensures each branch remains relevant (even in times of divided government)
Frequent elections force representatives to listen to their constituents
Legitimacy of government ensured
Acceptance of Judicial Review = disagreements can be settled in the Supreme Court
Necessity for branches to work together through checks and balances = majority interests are usually upheld
Should increase support for government
Negative Impacts
Separation of powers & checks and balances can lead to gridlock
= government is not actually governing
Federalism = sovereignty is shared
Reduces the power given to federal government and allows states to sue the federal government
Role of Judicial Review = minorities/minority views have been able to stall the functions of government
Vagueness of the Constitution has meant ‘loopholes’ have been exploited = has allowed for the dominance of one branch over another
e.g: executive orders
Strengths of US Constitution
Codified
Powers of government are clearly set out
Document is judiciable = making it difficult for any branch to become tyrannical
e.g: executive orders
Vagueness
Ensures the Constitution can be reinterpreted over time without the need for formal, lengthy amendments
e.g: abortion
Amendment Process
Process clearly works - shown by the fact there have been 27 amendments
= means the Constitution can be updated to respond to the wishes of the population in a representative democracy
e.g: Twenty-Sixth Amendment
Separation of Powers
Constitution provides each branch with enumerated powers (and checks on other branches)
= ensures the government remains limited, well scrutinised and responsive to the wishes of the governed
e.g: Trump and the Tax Cuts and Jobs Act
Federalism
Guaranteeing powers to states = 10th Amendment
^ Constitution upholds the principle of federalism
^ Protects the rights and diversity of the states in a world where federal government has grown considerably
e.g: states’ varying responses to George Floyd protests
Weaknesses of US Constitution
Codified
Constitution is rigid = can become outdated
^ Can make aspects of the document irrelevant to modern life
e.g: 2nd Amendment
Vagueness
Branches of government can expand their power = diminishing the power given to other branches or states in the Constitution
e.g: power to declare war
Amendment Process
Process is incredibly slow
Allows for minority rights and values to be ignored
= Constitution may be considered outdated = less relevant today
e.g: 26th Amendment took 202 years to pass
Separation of Powers
Division of powers often leads to gridlock
= government is fundamentally not fulfilling its function of governing (undermining its power)
e.g: 2019 shutdown
Federalism
Rights of states have been eroded by federal policy and the power of the SC
US population has grown to over 300 million people = protecting individual rights has often come at the cost of the identity of individual states
e.g: abortion rights
Debates Around the Extent to which the US Remains Federal Today
2019:-
1 federal government
50 state governments
90,075 local governments
= highlights the extent of federalism within the US
Consequences of above:
Criminal punishments differ between states
25 states have the death penalty as a legal form of punishment
Elections run according to state rules
Some states use punch cards, others use electronic voting or paper ballots
Differing electoral practices between states during COVID-19 = led to election controversy in 2020
Taxes vary across each state
Sales, income and property tax:
vary in the amount claimed by each state
vary in whether they are collected by the state itself or by a local government
Rights of citizens vary between states
e.g: legal driving age, the age of consent or the right to use marijuana
Judicially:
court system is different in each state
states have used the federal court system to effectively challenge for their own rights
e.g: abortion, immigration and gerrymandering have all been challenged by states in the Supreme Court
IMPORTANT: federal government relies on state governments
e.g: in Obamacare, there are sections which rely on state enforcement and allow for each state to interpret and apply law as it sees fit
Congressional law - can be accepted or rejected by states