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Summary Does the Constitution Meet Needs of Modern US?

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Does the Constitution Meet Needs of Modern US?

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"The Constitution is widely admired because it meets the needs of the USA
today". Discuss the validity of this statement. (30 marks). Also asked in
relation to democracy.

Paragraph Key Points Key Cases
Intro  Written 1787 - 55 FF. Aim = create framework -  S.C. establish role - arbiter of the
effective but limited government. Constitution - disputes arose - jurisdiction +
 Strike balance - strong central gov. - asset national uphold IR.
interest but preserve citizens + state govs. rights.  Constitution - largely stood test of time.
 Achieved via C+B's - three independent branches + bill  Shown by - lack of any call in modern
of rights - included federalism principle = amendment America - scrap codified constitution but
10. some parts - criticised = inflexibility +
irrelevance.
Paragraph 1  Experience - oppressive nature - King George III + spilt  February 2010 - 162 Democrats + 153
blood - rid themselves of it. Republicans HOR - voted in favour extend
 FF - concerned new centralised gov. not be Patriot Act without any reforms.
excessively powerful.  Obama signed this despite it coming from
 Power of President - restrained by Congress. Bush administration.
 Executive produce federal annual budget but each  Federal system - limited power of central
departments spending - approved by HOR. govt. - areas of jurisdiction reserve
 President = Commander in Chief but Congress - sole individual states govts. legislate how they
power to declare war. see fit.
 Even within central gov. power - dispersed + President  Allowed states - legislate regional diversity
- seek consensus - state representatives. + own economic priorities or cultural
 18th century contrast sharply - unbridled powers from norms.
European monarchs.  Federalist system - allows uniformity e.g. IR
 System of S.O.P + C+B's = encourages bi-partisanship + consistently applied through A.O.C. - Voting
promotes compromise in Congress + between Capitol Rights Act 1965.
Hill + White House.  Federalism - allowed Constitution + America
govt. to evolve with no need - FA.
Paragraph 2 -  JR - judicial interpretations of existing texts + FA  Loving vs. Virginia 1967 - Court invalidated
Flexibility allowed it to meet changing demands of society. all laws prohibiting interracial marriage.
 FF - deliberately vague on S.C. power - did not write  S.C. rarely makes decisions - oppose
any law to hamper it. President's wishes, Congress + public.
 J.R. = crucial mechanism keep Constitution - relevant  Asides from FA, federalism + JR - 3 others
+ contemporary. methods allow Constitution to adapt.
 S.C. ruling Reno vs. ACLU 1997 - partially over turned  Legislation, Executive Agreement + Foreign
Communications Decency Act 1996 to control internet Policy Declarations.
pornography - infringed Am.1 - F.O.S.  Flexibility - allowed constitution to evolve in
 JR - extended IR in line with society's expectations. tandem with societies needs.
Paragraph 3 -  1790 - 13 member states only + total pop = 3 million.  Us - world's most advanced military
Constitution =  Hawaii last state to join - 1959 - US population grown superpower + largest economy.
Effective 45 fold to 180 million people + 2014 = 319 million  1991-2000 18 million immigrated to the
including immigrants. USA + more refused entry.
 Despite demands placed vast + heterogeneous pop. -  Demonstrates success of Constitution
US Constitution = stable framework for government. creating nation - many people want to build
 Only exception - bloody Civil War 1861-65. a better life.
 Original principles = timeless.
Paragraph 4  Aspects - criticised.  Congress - approved Bush Patriot Act 2001
 Argue - FF horrified - powerful president allowed to despite media + academic community
become - foreign policy, commander-in-Chief in the stating - violated 1st amd - F.O.S + 4th
name of 'national security. amendment 'unreasonable searches +
 Constitutional checks - President requiring 2/3's seizures' + distortion of S.O.P + C&B's.
majority - ratify treaties - often side-stepped by  Congress allowed this for 'national security'.
'Executive Agreements'.  Doe vs. Gonzalez 2004&2007 struck down
 Article 1 Section 8 - Congress power to declare war parts of this federal law.
hasn't since 1941 despite US wars in Korea, Vietnam,  Highlights another problem.
Afghanistan + Iraq.

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