The Constitution

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The US Constitution

Advantages

  • Difficult amendment process allows for protection of rights (2/3 in both houses and 3/4 of all state legislatures)
  • Supreme Court interpreting amendments allow for adaptability e.g. same sex marriage ruling in Obergefell v Hodges
  • Federalism limits the powers of the federal government and so protects state laws by enumerating federal powers e.g. 9 states have legalised the recreational use of marijuana
  • Limits power of executive through constitutional sovereignty

Disadvantages

  • Prohibits necessary change e.g. outdated gun laws
  • Supreme Court is an unelected body and so changes could be seen as undemocratic, as well as examples of judicial activism
  • Federal government has grown due to SC rulings in favour of them (with the exception of Texas v US 2016) and state reliance on federal funds. e.g. Obamacare as growth in federal rights
  • SC can rule Congress' and President's acts as unconstitutional (e.g. Citizens United v FEC 2010) despite being an unelected body

Evaluation

Too rigid, gives SC too much power = ineffective. Protects rights (although to a fault as seen by gun laws in second amendment) = effective. Overall it is more ineffective than effective as it allows for outdated practices and the tyranny of the judiciary

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