The US Constitution and Federalism
Evaluate the view that amendments to the Us constitution are both possible and useful
Structural
⚫ De jure, the amendment process to the US Constitution has never not been available as an option
⚫ Requirement of 2/3 majority in both congress chambers plus 3/4 majority in favor across state
legislatures
⚫ 19th Amendment, allowing all women to vote in elections regardless of which state they live in
⚫ A cumulation of political movements resulting in a very useful amendment
Counter
⚫ That was rectified in 1920, there have been no amendments to the constitution in the 21st century.
⚫ Only allowing limited evolution of the constitution in the 20th, 19th,18th century as there are only
27 amendments
Rational
⚫ The process of amendment ensures that change can come but it is still protected form political
whims and mass public system
⚫ Seen with the limited number of amendments since 1787
⚫ That's where the positives to the process end
Counter
⚫ Political polarization has led to congressional gridlock, meaning a 66% consensus in the chambers
can't be met, let alone 75% across state legislatures
⚫ Therefore the possibility of passing useful amendments is jeopardized
Cultural
⚫ The constitution is a product of its time
⚫ As is the amendment process for the constitution
⚫ The amendment process was written by the founding fathers for 13 white, much smaller, states
⚫ Now, the diversity of the US is immeasurable
⚫ States and their legislatives have never been so different, so not only is congressional gridlock a
problem, but finding consensus in such a diverse nation sees the possibility for amendment
diminish, regardless of whether the amendment would be useful
, TWE is the constitution fit for purpose.
Point 1: Democracy
⚫ Elections everywhere, all the time!
➢ Federal Law
➢ Presidential elections every 4 years, HOR every 2 years, senate every 6 years
➢ State Law
➢ Governor and legislature elections
Counter
⚫ Turnout often low, allows for extremism in primaries
⚫ Average turnout for senate is 44%
⚫ Asymmetric Representation: California + Wyoming both 2 senators
Point 2: Protection from Tyranny
⚫ Separation of power (Legislative, Executive, Judiciary)
⚫ Congress: Impeachment
⚫ President: Veto laws by Congress
⚫ SCOTUS: Points on free actions)
⚫ Federalism
⚫ Thus, an AUTOCRACY
⚫ Different electoral systems to ensure different outcomes
➢ Guiding against tyranny of majority and population
Counter:
⚫ Separation of power leads to a gridlock/vetocracy
⚫ Polarized nature of US political leads to nothing happening
⚫ No check on SCOTUS
, Point 3: Primacy of Individual +The State
⚫ Primary of individual
➢ Democracy, Bill of Rights(9th +14th amendments)
➢ Allows the individual to be protected
⚫ Primary of the State
➢ Federalism, Police powers
➢ Bill of Rights 10th amendment
⚫ Concentration of power in federal gov in time of crisis
➢ Post 9/11
⚫ SCOTUS determines where the line is drawn between the states and the gov
Evaluate the view that amendments to the Us constitution are both possible and useful
Structural
⚫ De jure, the amendment process to the US Constitution has never not been available as an option
⚫ Requirement of 2/3 majority in both congress chambers plus 3/4 majority in favor across state
legislatures
⚫ 19th Amendment, allowing all women to vote in elections regardless of which state they live in
⚫ A cumulation of political movements resulting in a very useful amendment
Counter
⚫ That was rectified in 1920, there have been no amendments to the constitution in the 21st century.
⚫ Only allowing limited evolution of the constitution in the 20th, 19th,18th century as there are only
27 amendments
Rational
⚫ The process of amendment ensures that change can come but it is still protected form political
whims and mass public system
⚫ Seen with the limited number of amendments since 1787
⚫ That's where the positives to the process end
Counter
⚫ Political polarization has led to congressional gridlock, meaning a 66% consensus in the chambers
can't be met, let alone 75% across state legislatures
⚫ Therefore the possibility of passing useful amendments is jeopardized
Cultural
⚫ The constitution is a product of its time
⚫ As is the amendment process for the constitution
⚫ The amendment process was written by the founding fathers for 13 white, much smaller, states
⚫ Now, the diversity of the US is immeasurable
⚫ States and their legislatives have never been so different, so not only is congressional gridlock a
problem, but finding consensus in such a diverse nation sees the possibility for amendment
diminish, regardless of whether the amendment would be useful
, TWE is the constitution fit for purpose.
Point 1: Democracy
⚫ Elections everywhere, all the time!
➢ Federal Law
➢ Presidential elections every 4 years, HOR every 2 years, senate every 6 years
➢ State Law
➢ Governor and legislature elections
Counter
⚫ Turnout often low, allows for extremism in primaries
⚫ Average turnout for senate is 44%
⚫ Asymmetric Representation: California + Wyoming both 2 senators
Point 2: Protection from Tyranny
⚫ Separation of power (Legislative, Executive, Judiciary)
⚫ Congress: Impeachment
⚫ President: Veto laws by Congress
⚫ SCOTUS: Points on free actions)
⚫ Federalism
⚫ Thus, an AUTOCRACY
⚫ Different electoral systems to ensure different outcomes
➢ Guiding against tyranny of majority and population
Counter:
⚫ Separation of power leads to a gridlock/vetocracy
⚫ Polarized nature of US political leads to nothing happening
⚫ No check on SCOTUS
, Point 3: Primacy of Individual +The State
⚫ Primary of individual
➢ Democracy, Bill of Rights(9th +14th amendments)
➢ Allows the individual to be protected
⚫ Primary of the State
➢ Federalism, Police powers
➢ Bill of Rights 10th amendment
⚫ Concentration of power in federal gov in time of crisis
➢ Post 9/11
⚫ SCOTUS determines where the line is drawn between the states and the gov
