Topic 1 The US Constitution
✅Evaluate the view that the constitutional amendment process is undemocratic.
Undemocratic: disregards majoritarianism, obstructs the will of the people, renders branches of
government too powerful.
- Undemocratic as it leads to tyranny of the minority, disregarding the will of the people.
>13 states representing 24% of the nation can prevent an amendment even if it receives popular
support/support from ⅔ of Congress.
>The Equal Rights Amendment fell one state short despite passing in the House and Congress. (35)
>6 amendments have been blocked by the states, even though elected representatives in Congress have
approved them by large majorities due to the requirement of ⅔.
>Repeated EC amendments have failed due to smaller states; overriding the majority for their own
interests, solely.
=tyranny of the minority.
- Not undemocratic as this upholds federalism
>Protects smaller states from having their views override.
>2 senators per state and the EC are both protected by the arduous amendments process, which boosts
the representation of smaller states.
>ERA suggests that the majority would force an amendment on the minority, implying this is instead a
positive thing.
>Abolition of the Electoral College would undermine the representation of smaller states suggesting the
amendments process has protected this.
- Undemocratic as it fails to modernise/be flexible
>Difficulty of the amendments process means it has not been modernised. The Founding Fathers wanted
each generation to produce an updated constitution- this is virtually impossible.
>There have only been 27 amendments out of 11,000.
>Slavery was protected in the constitution- it required a Civil War to end it.
>Inability to react to sudden developments: lack of amendments regarding gun rights despite numerous
school shootings suggests the constitution fails to be modernised.
>The Electoral college was implemented as the founding fathers feared voters would be irrational, so
electors were needed.
- Democratic as this protects the constitution against populism/the executive
>Trump criticised the ‘archaic’ system and outlined plans to abolish birthright citizenship included in the
14th amendment. This is unlikely due to projections within the constitutional amendments process.
>George W. Bush was denied a line-item veto showing how the constitution protects executive
encroachment or overreach.
>Key principles like the separation of powers, federalism, or regular elections are entrenched and so
protected from populist figures.
Counter: 18th amendment a populist amendment, later overturned. Suggests it does not fully prevent
populism but also that there is an element of flexibility.
- Renders the Supreme Court too powerful
>Inability to amend/update the constitution means SC decisions are binding and effectively final. The
system intends for amendments to respond to SC decisions unfavourable to Congress or citizens, but this
is virtually impossible.
>Dobbs Decision 2022 ending the right to abortion. Only 36% of Americans oppose any access to
abortion but this will not be amended into the constitution meaning the SC ruling is final.
,>DC v Heller 2nd amendment protects the individual right to bear arms, not just a state militia. 62% of
people support stronger gun controls.
>Until 1954, segregation was supported by a Supreme Court interpretation of the constitution due to
Plessy v Ferguson. Clearly, unless the SC later go back on a decision disregarding Stare Decisis, they are
binding/quasi-legislative.
>Extremely undemocratic.
- Builds a consensus which can therefore limit Supreme Court Power.
>If a SC decision is broadly opposed, a consensus must be built to overturn it- upholding a majoritarian
democracy with cooperation.
>14th Amendment overrode Dred V Scott 1857.
>26th Amendment: Oregon v Mitchell the court ruled Oregon could set the federal voting age at 18, but
not state and local election voting age. =amendment to remedy the ruling.
>The 1992 27th Amendment was ratified by 46 states, well over 38 needed and 99-0 in the senate and
414-3 in the house.
✅ To what extent do the advantages of the amendment process outweigh the
disadvantages?
Intro:
Definition: Amendment process: A proposed amendment must be passed by two-thirds of both
houses of Congress, then ratified by the legislatures of three-fourths of the states.
Factors and criteria: Protects the constitution, upholds federalism and ensures consensus.
Argument: Overall, disadvantages outweigh the advantages as the constitution has failed to be
updated and is essentially a stagnant document.
Point: Protects the constitution
Evidence: Trump criticised the ‘archaic’ system proving it works as it restricted his ability when trying
to govern as he wished.
Prevents populist amendments - Trump tweeted he would get rid of birthright citizenship, but this
right is protected by the 14th amendment
Prevents abuse of power - rejected Bush's request for a line-item veto power in 2006.
The President often finds their agenda stymied i.e in 2022 Biden was forced to accept different
viewpoints and US Society regarding Covid-19 and individual freedoms in the National Defence
Authorisation Act in 2022
Explanation: Clearly the difficult amendment process ensures core American principles incorporated
in the constitution are protected.
Evaluation (counter argument): Difficult to amend outdated provisions or to incorporate new ideas.
Evidence: Slavery was protected in the constitution and was difficult to amend, it took Civil War to
end it.
Every Vote Counts Amendment (replacing the Electoral College) - has been proposed at numerous
times including 2005, 2009, 2016 and 2024.
As of 204, 63% of Americans want the EC replaced by the popular vote.
The Flag Desecration Amendment (last seriously proposed in 2006 where it passed the House and fell
one vote short of passing the Senate)
,Equal rights amendments have not been passed.
Gun rights secured in the 2nd Amendment despite widespread support for some restrictions.
Explanation: Suggests that even if a new idea has popular support, the difficulty of the process means
changes cannot be implemented.
Evaluation (mini-conclusion): Whilst the process does clearly protect key provisions of the
constitution, a more significant disadvantage is the archaic nature of the constitution that fails to be
updated or modified in virtually any circumstance. The Founding Fathers designed it to be updated
generationally, but the amendments process completely prohibits this, an insurmountable
disadvantage.
Point: Protects states and upholds federalism
Evidence: Tenth amendment makes clear the right of the states to have reserved powers as opposed
to the federal government.
Also provides states with equal representation in the Senate and therefore an equal say on the
amendments process.
⅔ of the House and Senate must approve then ¾ of the states needed to approve each amendment.
The Equal Rights Amendment (ERA), which aimed to guarantee gender equality, failed because not
enough states—many of them smaller—chose to ratify it, despite support from large states.
Explanation: This prevents tyranny of the majority and ensures smaller states aren't bullied into
submission.
Counter: federalism/smaller states have been weakened: Commerce Clause.
Evaluation (counter argument): Goes against the concept of majoritarian democracy.
Evidence: Flag protection amendment received over 50% of vote in congress but fell short of
supermajority.
Only 13/50 states can block an amendment; tyranny of the minority.
Equal rights amendment blocked by 13 states of 24% of the population.
1972 equal rights amendment only ratified by 37 states needed 38 at the time, one state choosing
huge decision tyranny.
Explanation: This clearly leads to tyranny of the minority and gives states disproportional power in
deciding on key constitutional issues.
Evaluation (mini-conclusion):
Point: Requires broad support and consensus.
Evidence: Liberals would support overturning the 2nd amendment but YouGov poll suggested only ⅕
of public would support this- so it has not happened.
, The 1992 27th Amendment was ratified by 46 states, well over 38 needed and 99-0 in the senate and
414-3 in the house.
Explanation: The process ensures that monumental changes (amendments) have a widespread
consensus, this also builds agreement and bipartisanship.
Evaluation (counter argument): Enhances the power of the supreme court overpowering the support
of the states.
Evidence: Roe v Wade overturned by Dobbs decisions; only 36% say abortion should be illegal in all or
most cases.
Hamden v Rumsfeld said prisoners could not be held in Guantanamo bay
DC v Heller= 2nd amendment protects the individual right to own firearms not just the state militia.
Explanation: It is very difficult for states to amend around the SC as they struggle to build consensus.
This gives the SC disproportionate unchecked power.
Evaluation (mini-conclusion):
Conclusion
While the amendment process ensures stability, broad consensus, and protection for smaller states, its
disadvantages outweigh these benefits.
The rigidity of the process makes it extremely difficult to address urgent issues, as seen in the failure
to pass amendments on equal rights and campaign finance reform. Additionally, minority rule allows a
small number of states to block widely supported changes, preventing the Constitution from evolving
with societal needs.
Though stability is valuable, the excessive difficulty of amending the Constitution limits progress and
adaptation, making the disadvantages more significant than the advantages.
✅ Evaluate the extent to which the US Constitution provides adequate measures for
ongoing amendments.
Intro:
Definition:
Factors and criteria: adequate- does it uphold federalism, is it modern, does it build agreement and
consensus.
Argument: No, The constitutional amendment process is inadequate because its strict requirements
make it excessively difficult to adapt the Constitution to changing societal needs. Does not promote
liberal democratic ideas and is overwhelmingly flawed.
Point: Protects federalism and smaller states
Evidence: Amendments require the formal support of ¾ of states to be passed, ensuring larger states
cannot outvote or outweigh smaller states.
Proposals to undermine the power of states have failed through the amendment process, such as
attempts to remove the electoral college.
✅Evaluate the view that the constitutional amendment process is undemocratic.
Undemocratic: disregards majoritarianism, obstructs the will of the people, renders branches of
government too powerful.
- Undemocratic as it leads to tyranny of the minority, disregarding the will of the people.
>13 states representing 24% of the nation can prevent an amendment even if it receives popular
support/support from ⅔ of Congress.
>The Equal Rights Amendment fell one state short despite passing in the House and Congress. (35)
>6 amendments have been blocked by the states, even though elected representatives in Congress have
approved them by large majorities due to the requirement of ⅔.
>Repeated EC amendments have failed due to smaller states; overriding the majority for their own
interests, solely.
=tyranny of the minority.
- Not undemocratic as this upholds federalism
>Protects smaller states from having their views override.
>2 senators per state and the EC are both protected by the arduous amendments process, which boosts
the representation of smaller states.
>ERA suggests that the majority would force an amendment on the minority, implying this is instead a
positive thing.
>Abolition of the Electoral College would undermine the representation of smaller states suggesting the
amendments process has protected this.
- Undemocratic as it fails to modernise/be flexible
>Difficulty of the amendments process means it has not been modernised. The Founding Fathers wanted
each generation to produce an updated constitution- this is virtually impossible.
>There have only been 27 amendments out of 11,000.
>Slavery was protected in the constitution- it required a Civil War to end it.
>Inability to react to sudden developments: lack of amendments regarding gun rights despite numerous
school shootings suggests the constitution fails to be modernised.
>The Electoral college was implemented as the founding fathers feared voters would be irrational, so
electors were needed.
- Democratic as this protects the constitution against populism/the executive
>Trump criticised the ‘archaic’ system and outlined plans to abolish birthright citizenship included in the
14th amendment. This is unlikely due to projections within the constitutional amendments process.
>George W. Bush was denied a line-item veto showing how the constitution protects executive
encroachment or overreach.
>Key principles like the separation of powers, federalism, or regular elections are entrenched and so
protected from populist figures.
Counter: 18th amendment a populist amendment, later overturned. Suggests it does not fully prevent
populism but also that there is an element of flexibility.
- Renders the Supreme Court too powerful
>Inability to amend/update the constitution means SC decisions are binding and effectively final. The
system intends for amendments to respond to SC decisions unfavourable to Congress or citizens, but this
is virtually impossible.
>Dobbs Decision 2022 ending the right to abortion. Only 36% of Americans oppose any access to
abortion but this will not be amended into the constitution meaning the SC ruling is final.
,>DC v Heller 2nd amendment protects the individual right to bear arms, not just a state militia. 62% of
people support stronger gun controls.
>Until 1954, segregation was supported by a Supreme Court interpretation of the constitution due to
Plessy v Ferguson. Clearly, unless the SC later go back on a decision disregarding Stare Decisis, they are
binding/quasi-legislative.
>Extremely undemocratic.
- Builds a consensus which can therefore limit Supreme Court Power.
>If a SC decision is broadly opposed, a consensus must be built to overturn it- upholding a majoritarian
democracy with cooperation.
>14th Amendment overrode Dred V Scott 1857.
>26th Amendment: Oregon v Mitchell the court ruled Oregon could set the federal voting age at 18, but
not state and local election voting age. =amendment to remedy the ruling.
>The 1992 27th Amendment was ratified by 46 states, well over 38 needed and 99-0 in the senate and
414-3 in the house.
✅ To what extent do the advantages of the amendment process outweigh the
disadvantages?
Intro:
Definition: Amendment process: A proposed amendment must be passed by two-thirds of both
houses of Congress, then ratified by the legislatures of three-fourths of the states.
Factors and criteria: Protects the constitution, upholds federalism and ensures consensus.
Argument: Overall, disadvantages outweigh the advantages as the constitution has failed to be
updated and is essentially a stagnant document.
Point: Protects the constitution
Evidence: Trump criticised the ‘archaic’ system proving it works as it restricted his ability when trying
to govern as he wished.
Prevents populist amendments - Trump tweeted he would get rid of birthright citizenship, but this
right is protected by the 14th amendment
Prevents abuse of power - rejected Bush's request for a line-item veto power in 2006.
The President often finds their agenda stymied i.e in 2022 Biden was forced to accept different
viewpoints and US Society regarding Covid-19 and individual freedoms in the National Defence
Authorisation Act in 2022
Explanation: Clearly the difficult amendment process ensures core American principles incorporated
in the constitution are protected.
Evaluation (counter argument): Difficult to amend outdated provisions or to incorporate new ideas.
Evidence: Slavery was protected in the constitution and was difficult to amend, it took Civil War to
end it.
Every Vote Counts Amendment (replacing the Electoral College) - has been proposed at numerous
times including 2005, 2009, 2016 and 2024.
As of 204, 63% of Americans want the EC replaced by the popular vote.
The Flag Desecration Amendment (last seriously proposed in 2006 where it passed the House and fell
one vote short of passing the Senate)
,Equal rights amendments have not been passed.
Gun rights secured in the 2nd Amendment despite widespread support for some restrictions.
Explanation: Suggests that even if a new idea has popular support, the difficulty of the process means
changes cannot be implemented.
Evaluation (mini-conclusion): Whilst the process does clearly protect key provisions of the
constitution, a more significant disadvantage is the archaic nature of the constitution that fails to be
updated or modified in virtually any circumstance. The Founding Fathers designed it to be updated
generationally, but the amendments process completely prohibits this, an insurmountable
disadvantage.
Point: Protects states and upholds federalism
Evidence: Tenth amendment makes clear the right of the states to have reserved powers as opposed
to the federal government.
Also provides states with equal representation in the Senate and therefore an equal say on the
amendments process.
⅔ of the House and Senate must approve then ¾ of the states needed to approve each amendment.
The Equal Rights Amendment (ERA), which aimed to guarantee gender equality, failed because not
enough states—many of them smaller—chose to ratify it, despite support from large states.
Explanation: This prevents tyranny of the majority and ensures smaller states aren't bullied into
submission.
Counter: federalism/smaller states have been weakened: Commerce Clause.
Evaluation (counter argument): Goes against the concept of majoritarian democracy.
Evidence: Flag protection amendment received over 50% of vote in congress but fell short of
supermajority.
Only 13/50 states can block an amendment; tyranny of the minority.
Equal rights amendment blocked by 13 states of 24% of the population.
1972 equal rights amendment only ratified by 37 states needed 38 at the time, one state choosing
huge decision tyranny.
Explanation: This clearly leads to tyranny of the minority and gives states disproportional power in
deciding on key constitutional issues.
Evaluation (mini-conclusion):
Point: Requires broad support and consensus.
Evidence: Liberals would support overturning the 2nd amendment but YouGov poll suggested only ⅕
of public would support this- so it has not happened.
, The 1992 27th Amendment was ratified by 46 states, well over 38 needed and 99-0 in the senate and
414-3 in the house.
Explanation: The process ensures that monumental changes (amendments) have a widespread
consensus, this also builds agreement and bipartisanship.
Evaluation (counter argument): Enhances the power of the supreme court overpowering the support
of the states.
Evidence: Roe v Wade overturned by Dobbs decisions; only 36% say abortion should be illegal in all or
most cases.
Hamden v Rumsfeld said prisoners could not be held in Guantanamo bay
DC v Heller= 2nd amendment protects the individual right to own firearms not just the state militia.
Explanation: It is very difficult for states to amend around the SC as they struggle to build consensus.
This gives the SC disproportionate unchecked power.
Evaluation (mini-conclusion):
Conclusion
While the amendment process ensures stability, broad consensus, and protection for smaller states, its
disadvantages outweigh these benefits.
The rigidity of the process makes it extremely difficult to address urgent issues, as seen in the failure
to pass amendments on equal rights and campaign finance reform. Additionally, minority rule allows a
small number of states to block widely supported changes, preventing the Constitution from evolving
with societal needs.
Though stability is valuable, the excessive difficulty of amending the Constitution limits progress and
adaptation, making the disadvantages more significant than the advantages.
✅ Evaluate the extent to which the US Constitution provides adequate measures for
ongoing amendments.
Intro:
Definition:
Factors and criteria: adequate- does it uphold federalism, is it modern, does it build agreement and
consensus.
Argument: No, The constitutional amendment process is inadequate because its strict requirements
make it excessively difficult to adapt the Constitution to changing societal needs. Does not promote
liberal democratic ideas and is overwhelmingly flawed.
Point: Protects federalism and smaller states
Evidence: Amendments require the formal support of ¾ of states to be passed, ensuring larger states
cannot outvote or outweigh smaller states.
Proposals to undermine the power of states have failed through the amendment process, such as
attempts to remove the electoral college.
