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A2-4A-1: The Constitutional Framework of US Govt.Win.10Sum.10Win.11Sum.11Win.12Sum.12Win.13Sum.13Win.14Sum.14Sum.15Sum.16Const.’s relevance (general)Rights (govt. v. citizens/ state)Const. flexibilityFederalismEffective govt & limitsSummer 2015(b) ‘The US Constitution is no longer fit for purpose.’ Discuss. [30]Winter 2012(b) ‘The US Constitution is irrelevant to the actual operation of government in the USA today.’ Discuss. [30]Summer 2014(b) Analyse whether the US Constitution maintains an effective balance between the rights and powers of the federal government, and those of the states and citizens. [30]Summer 2012(b) Assess critically the argument that the US Constitution puts too much emphasis on the protection of the rights of citizens and the states. [30]Winter 2014(b) ‘The US Constitution is too flexible.’ Discuss. [30]Summer 2011(b) Assess the accuracy of the description of the US Constitution as ‘a living constitution’. [30]Summer 2013(b) Assess the extent to which federalism is the most important principle underpinning the US Constitution. [30]Winter 2013(b) Discuss the extent to which the US Constitution hinders effective government. [30]Winter 2011(b) Evaluate the argument that the Constitution of the USA limits government too much. [30]Summer 2010(b) To what extent does the Constitution today ensure the fundamental principle of ‘limited government’? [30]Winter 2010(b) ‘The US Constitution is an obstacle to effective government.’ Discuss. [30]Relevance of constitution/ fit for purpose? (general) 2015 includedIrrelevant/ not fit for purpose:Ways in which govt operates outside constitutional rules & constraints, e.g. Increasing power of the federal govtLog-rolling and committees in CongressRole of the Federal bureaucracy.Following above: open to too much Pres., Congress & USSC interpretation e.g. Elastic Clause etc (2015)Difficulty of amending constitution & updating itDebates about whether the constitution prevents efficient & effective working of govt in USA e.g. divided govt & gridlockover-emphasis on rights of states vs. the ability of the federal govt to govern effectively (impact of federalism on effective federal governance) 2015Relevant/ fit for purpose:Ways in which the constitution is still relevant - enumerated federal powers and the interpretation and use of these by President & Congress, e.g. flexibility/ adaptability of vagueness (2015) - elastic clause & commerce clause.The importance of the Bill of Rights.The USSC & judicial review – allow for adaptability (inc. vagueness of Constitution) 2015Debates about the current relevance of the philosophical ideas that underpin the constitution – liberty, rights, checks & balances, central importance of limited federal govt in USALongevity of the Constitution (2015)Use up-to-date examples of how the Constitution has been relevant or not to government todayExample: Could cite the final version of Obama’s healthcare measures as an example of how the Constitution ensures that legislation is not dominated by one individual, or how this illustrates the irrelevance of the Constitution to the necessity of twenty-first century ‘big government’.As many essays on the constitution wrongly do, don’t focus only on the process of amending the constitution and/ or amendments, specifically the Bill of Rights - give attention given to the actual constitution itself as a whole: this means consider the Articles and clauses that precede the amendments.Rights – citizens/ states / federal govt.Balance between rights of govt. vs. those of citizens/statesState/ citizen power strong:USSC’s role in protecting the constitution against tyrannical govt by judicial review The importance of the Bill of Rights and the Power of the Supreme Court to protect it.Difficulty of amending the constitution and bringing it up to date, e.g. the right to bear arms.Unenumerated rights of states and citizens (Articles I & II, & Amds IX & X)Frequency of elections and differing constituencies of Senate and House as means of protecting citizens' and states' rights, Protection for states’ electoral arrangementsFederalismFederal power strong:Flexibility of President’s powersEnumerated rights of federal govt Flexibility and vagueness of elements of the constitution: ability of federal government to interpret the constitution to give itself increased powers, e.g. Commerce, Elastic (necessary & proper) clausesmassive growth of federal govt in C20thNot too much emphasis on protecting state & citizen rights :Fundamental underlying principle of limited govt.Lack of changes to the constitution, implying that the balance is about right.Need to protect citizens & states from encroachment due to the massive growth of federal govt in C20thComplicated checks and balances on federal govt.USSC’s ability to apply due process to states as well as federal govt (Amd XIV)Holistic nature of constitution rather than competition for power between 3 branches (mutual dependence)Concentrate on the specific demands of the Q: focus on the arguments about federalism & citizens’ rights which are at the heart of the question not simply the relationships between the 3 branches of US govt. Remember to see the Constitution holistically - one document whose parts are related to each otherRefer to Elastic & Commerce Clauses + effect these had on expanding Congress powers at expense of statesConstitution’s flexibility/ inflexibility – living or dead constitution?Too flexible:Longevity of the constitution and its success in enshrining principles: relevance & status of the constitution today - ability of the constitution to still be relevant after 200 years because it is vague and can be open to interpretationRole of USSC - judicial review (interpretative amdenments)Elastic (necessary & proper clause) & commerce clausesRecent presidential interpretations of the purpose of the state of the union address or the role of Commander-in-ChiefAbility of the constitution to accommodate ‘new’ right e.g. right to privacy, amendment processFlexibility of the constitution through formal amendmentAllowing development of US government in ways the Founding Fathers did not envisage e.g. conventions: expansion of federal bureaucracy, EXOP, parties etc.Not too flexible/ not flexible:Enumerated powers of president and CongressPreservation of outmoded/ outdated enshrined 18th principles & rights such as the right to bear armsSeparation of powers and checks and balances: issues of the degree to which the constitution frustrates and hinders US government today and is becoming increasingly irrelevant - the gridlock at the heart of U.S. govt, compromise & slowness.Difficulty of formal amendmentReliance on 9 USSC justices to guarantee relevant modern interpretation of rights.Don’t fall into the trap of saying the constitution is too flexible because it can be easily amended – that argument is difficult to sustain (27 Amnds in 200+ years) - many of these candidates then argue that the formal amendment process makes the constitution too rigid.Federalism most important principle?Importance of federalism: Preservation of rights to the states & how Constitution achieves thisLocation of sovereignty in the states as well as federal govt.Ability of federalism itself to adapt to modern contextsHistorical context of suspicion of centralised govt.& possible tyrannyImportance of other principles:Limited govt.Separation of powers & checks/ balancesRights of citizens - Bill of RightsFailures of federalism:Extent to which federalism is a means of achieving limitation of power of federal govt.Debates about whether federalism is an outdated principle that hinders effective US govt.The key is to highlight, with precise exemplification, where within the constitution it upholds the principle and highlight its importance relative to other constitutional principlesGo beyond just separation of powers as a counter-argument - mention principles of limited govt / checks & balances, rights.Checks & BalancesUS Constitution gets in the way of effective government/ limits govt. (too much)?Hinders effective govt.:Underlying principle of the Constitution of limited govt – is this helpful today? Is Constitution too suspicious of federal govt. & too limiting?Need for more powers to deal with global problems, e.g. economic recessionIncreasing tendency for power to concentrate in the Presidency & Executive despite constitutional checksSeparation of powers/checks and balances – slow processes, compromises, lack of radical approaches, gridlock, ability of other branches to overrideDifficulty of amending ConstitutionOutdated rightsBill of rights – rights for citizens at expense of effective govt.?Power of the judicial branchFederalism and the un-enumerated powers of the states compared to enumerated powers of federal govt. Federalism as an obstacle – tension and differencesFactors not, contained in the Constitution e.g. procedures for passing billsElections – lack of administration majority, 'lame duck' presidencyDoesn’t hinder effective govt.: Separation of powers and checks and balances as a positive – consideration and consensus, log-rolling and agreementBenefits of federalism e.g. US diversity and freedomRole of Constitution in avoiding tyranny through limitations and rightsAbility of it to adapt and surviveImportance of USSC interpretations & rulings in helping Constitution be effectiveVagueness and consequent flexibilityFederalism – diversity & freedomDependence of US system of govt on institutions not even mentioned in the Constitution, e.g. FB, EXOP, parties, etc.Limit but need for federal solutions - necessity for more federal power in the 21st century as it responds to global problems domestic problems e.g. in healthcareConstitution does limit government:Grants citizens and states unenumerated rights as well as those enumerated in the Bill of RightsArticles: Enumerated powers of Congress (I) & President (II)Separation of powers/ checks and balances - limit each branch of govt. (partial agency) Ability of USSC to declare govt. actions unconstitutionalFederalism & rights of states (amendments 9 & 10 - allow unenumerated rights to the states and the people, reins in federal govt.)Entrenched protection of rights – e.g. Bill of Rights: entrenched rights of citizens that cannot be removed by federal (nor, since Amd XIV, state) govtsPhilosophical basis of concept of limited govt in context of USAConstitution not limit government:necessity for all branches to cooperate rather than oppose (can use historical examples e.g. Woodrow Wilson’s dealings with Congress over League of Nations) - possibility of far-reaching reform if consensus is thereDevelopment of government institutions outside Constitution e.g. Congressional committees which make the system work, cabinet, EXOP, federal bureaucracy/ agencies & the power it’s grown, partiesImportance to Americans of principle of federalism rather than big governmentImportance of amendments 9 & 10 in allowing unenumerated rights to the states and the people Tendency for centralisation since the New Deal.Ability of Constitution to offer flexibility in the exercise of power to President, Congress or the Supreme Court - in reality to exercise power beyond the intention of Constitution: e.g.: USSC role in quasi-legislating through its rulings (e.g’s include landmark rulings) Congress (interpretation of elastic and commerce clauses)Increasing tendency for power to concentrate in the Presidency and Executive despite constitutional checksPresident’s powers regarding budgets (Obama particularly relevant), war & FPPresidential power exercised through Cabinet & EXOPIncrease in Presidential powers post-9/11 Discussion of the 'too much' aspect of the question:difficult to amend constitution & rightsdifficult to pass laws quicklyhard to effect radical changedifferent periods of office and constituencies for Congress/President/USSC mean they do not work togetherChecks and balances ensure partial agency – each branch interfering in the work of othersNeed for federal solutions - necessity for more federal power in the 21st century as it responds to global problems domestic problems e.g. in healthcareWhile the system of checks and balances can be seen as a hindrance, it can also be seen as a sign of good governance impact on ‘good governance’Don’t focus purely on the system of checks and balances - provide a range of ways the Constitution limits govt.Avoid one-sided responses – don’t just argue that the Constitution does limit government.Constitution effectiveness – Constitution is meant to obstruct government to a degree, and that this may in fact make it more ‘effective’. ................
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