Other Notes – Paper 3
US Constitution
Advantages and Disadvantages of the Amendment process
Advantages Disadvantages
It protects key principles of political Hard to incorporate new ideas
processes • Equal Rights Amendment failing due to
• Allows mechanisms for change (but partisan opposition despite evolution of
some things shouldn't be changed ideas surrounding gender
because of the Founding Fathers' • SCOTUS rulings are extremely difficult to
intentions) overturn (making their word final), e.g.
• Example: Presidential Elections every Citizens United v. FEC 2010
4 years and entrenched separation of
powers
It protects Federalism and states Amendment process is undemocratic
• The Amendment process involves • Larger states wield more influence because
2/3 of states to ratify the of the bandwagon effect
amendment • Only 13/50 states have to vote against to
• Therefore an amendment needs to block a popular amendment
be suited/acceptable for the states in • The Equal Rights Amendment of 1972
order to pass, taking into account failed to be ratified because 15 states
their needs/wants didn't ratify the amendment
• Equal representation in Senate and
adequate representation in the
Electoral College
• Attempts to remove the EC failed
because most states were against
that idea
It prevents abuse of power It gives the Supreme Court excessive power
• The involvement of Congress and • SCOTUS has the final say on key issues of
states as well as the 2/3 majority institutional power and human rights even
needed will prevent amendments though they are unelected officials and are
which undermines checks and not accountable to the public
balances • SCOTUS rulings are extremely difficult to
• This is because Congress, if strong overturn
enough, will not undermine its own • They can only be overturned by themselves
power and provide more power to via future rulings or Congress passes an
the executive/judiciary Amendment contradicting their ruling
• President Bush (Jnr) requested a line- • Roe v. Wade 1973 was only overturned
item veto (allowing him to veto after a long 49 years by Dobbs v. Jackson
certain parts of a bill rather than the 2022
whole bill) • Even though the ruling is unpopular,
• This was rejected by Congress Congress has not managed to legislate
because it would undermine the abortion into law
, separation of powers and give the
Executive too much power
Prevents ill-thought through amendments Prohibition (18th and 21st Amendment)
• The stringent process means that • The period of Prohibition which saw the
amendments need to be acceptable passing of the 18th Amendment which
to both sides of the political outlawed the purchasing of alcohol was is
spectrum arguably the worst amendment to have
• A Democratic Senator in 1938 been passed
attempted to pass an amendment to • It lasted only 13 years and was made on
outlaw Drunkenness and it failed political whims at the time
miserably • The mistake was so apparent its repeal via
the 21st Amendment took only a record
breaking 10 months (most amendments
would have taken around a decade to be
fully ratified)
It will be very hard to change things based Outdated amendments/clauses in the
on political whims or any sort of short term constitution is hard to remove
sentiment • Electoral College outdated/undemocratic
• Federal marriage amendment • Trump in 2016 and Bush in 2000 won the
wanted to define marriage between Presidential Election even when they lost
a man and a woman, but soon after the popular vote to their opponents
there was a push for the legalisation
of same-sex marriage meaning that if
the amendment was passed it would
quickly be outdated
Examples of Amendments in action
Amendment I:
8th August 2023 - Trump faces the possibility of a court ordered muzzle to stop
him from commenting in his public speeches about the federal charges he
faces. He argues that a gag order would be taking away his first amendment
rights
Politico Link
Amendment II:
2008 District of Columbia v. Heller
Heller sued DC after they banned handguns in homes. SCOTUS ruled in favour
of Heller which affirmed his 2nd Amendment rights. The ruling showed the
limits of gun regulation enacted by states.
https://giffords.org/lawcenter/gun-laws/second-amendment/the-supreme-court-the-second-
amendment/
, Amendment III:
1965 Griswold v. Connecticut
As the 3rd amendment in terms of its 'word-for-word' meaning doesn't really
apply to modern times, it has been used to interpret the right to privacy for
citizens. In this SCOTUS ruling, they had used the 3rd amendment (along with
the 1st, 4th and 9th amendment) to create a penumbra to the right to privacy.
Amendment IV:
2022 Ruling on Breonna Taylor
The courts ruled that the police officers who stormed and killed Breonna Taylor
in her residence had violated her 4th amendment right of being protected
against unreasonable searches and seizures.
Amendment V:
2007 Monica Goodling
She pleaded the 5th amendment during a Senate Judiciary Committee after
they inquired about her role in the firing of 8 US attorneys. It was alleged that
the 8 attorneys were fired due to political reasons. After pleading the fifth she
resigned from her position.
Amendment VI:
1963 Gideon v. Wainwright
This case involved a prisoner found guilty of breaking into a pool hall with the
intent of stealing. Originally his request for his appointed attorney was denied
by Florida under the basis that his crime was a felony and not a capital offence.
He then wrote a petition to the court, saying that his 6th amendment right was
violated. SCOTUS proceeded to side with Gideon that his 6th amendment right
was indeed violated.
Amendment VII:
1978 Bordenkircher v. Hayes
Hayes was charged with forgery which carried a 2-10 year sentence. The
prosecution offered a deal where he will get a 5 year sentence if he plead guilty.
He instead decided to go to a jury and the prosecutor would be seeking
indictment under the Kentucky Habitual Crime Act. If he was found guilty he
would be sentenced to life in prison. He ended up being found guilty under the
jury and was sentenced to life. SCOTUS also ruled that this was perfectly ok
under the 7th amendment.
US Constitution
Advantages and Disadvantages of the Amendment process
Advantages Disadvantages
It protects key principles of political Hard to incorporate new ideas
processes • Equal Rights Amendment failing due to
• Allows mechanisms for change (but partisan opposition despite evolution of
some things shouldn't be changed ideas surrounding gender
because of the Founding Fathers' • SCOTUS rulings are extremely difficult to
intentions) overturn (making their word final), e.g.
• Example: Presidential Elections every Citizens United v. FEC 2010
4 years and entrenched separation of
powers
It protects Federalism and states Amendment process is undemocratic
• The Amendment process involves • Larger states wield more influence because
2/3 of states to ratify the of the bandwagon effect
amendment • Only 13/50 states have to vote against to
• Therefore an amendment needs to block a popular amendment
be suited/acceptable for the states in • The Equal Rights Amendment of 1972
order to pass, taking into account failed to be ratified because 15 states
their needs/wants didn't ratify the amendment
• Equal representation in Senate and
adequate representation in the
Electoral College
• Attempts to remove the EC failed
because most states were against
that idea
It prevents abuse of power It gives the Supreme Court excessive power
• The involvement of Congress and • SCOTUS has the final say on key issues of
states as well as the 2/3 majority institutional power and human rights even
needed will prevent amendments though they are unelected officials and are
which undermines checks and not accountable to the public
balances • SCOTUS rulings are extremely difficult to
• This is because Congress, if strong overturn
enough, will not undermine its own • They can only be overturned by themselves
power and provide more power to via future rulings or Congress passes an
the executive/judiciary Amendment contradicting their ruling
• President Bush (Jnr) requested a line- • Roe v. Wade 1973 was only overturned
item veto (allowing him to veto after a long 49 years by Dobbs v. Jackson
certain parts of a bill rather than the 2022
whole bill) • Even though the ruling is unpopular,
• This was rejected by Congress Congress has not managed to legislate
because it would undermine the abortion into law
, separation of powers and give the
Executive too much power
Prevents ill-thought through amendments Prohibition (18th and 21st Amendment)
• The stringent process means that • The period of Prohibition which saw the
amendments need to be acceptable passing of the 18th Amendment which
to both sides of the political outlawed the purchasing of alcohol was is
spectrum arguably the worst amendment to have
• A Democratic Senator in 1938 been passed
attempted to pass an amendment to • It lasted only 13 years and was made on
outlaw Drunkenness and it failed political whims at the time
miserably • The mistake was so apparent its repeal via
the 21st Amendment took only a record
breaking 10 months (most amendments
would have taken around a decade to be
fully ratified)
It will be very hard to change things based Outdated amendments/clauses in the
on political whims or any sort of short term constitution is hard to remove
sentiment • Electoral College outdated/undemocratic
• Federal marriage amendment • Trump in 2016 and Bush in 2000 won the
wanted to define marriage between Presidential Election even when they lost
a man and a woman, but soon after the popular vote to their opponents
there was a push for the legalisation
of same-sex marriage meaning that if
the amendment was passed it would
quickly be outdated
Examples of Amendments in action
Amendment I:
8th August 2023 - Trump faces the possibility of a court ordered muzzle to stop
him from commenting in his public speeches about the federal charges he
faces. He argues that a gag order would be taking away his first amendment
rights
Politico Link
Amendment II:
2008 District of Columbia v. Heller
Heller sued DC after they banned handguns in homes. SCOTUS ruled in favour
of Heller which affirmed his 2nd Amendment rights. The ruling showed the
limits of gun regulation enacted by states.
https://giffords.org/lawcenter/gun-laws/second-amendment/the-supreme-court-the-second-
amendment/
, Amendment III:
1965 Griswold v. Connecticut
As the 3rd amendment in terms of its 'word-for-word' meaning doesn't really
apply to modern times, it has been used to interpret the right to privacy for
citizens. In this SCOTUS ruling, they had used the 3rd amendment (along with
the 1st, 4th and 9th amendment) to create a penumbra to the right to privacy.
Amendment IV:
2022 Ruling on Breonna Taylor
The courts ruled that the police officers who stormed and killed Breonna Taylor
in her residence had violated her 4th amendment right of being protected
against unreasonable searches and seizures.
Amendment V:
2007 Monica Goodling
She pleaded the 5th amendment during a Senate Judiciary Committee after
they inquired about her role in the firing of 8 US attorneys. It was alleged that
the 8 attorneys were fired due to political reasons. After pleading the fifth she
resigned from her position.
Amendment VI:
1963 Gideon v. Wainwright
This case involved a prisoner found guilty of breaking into a pool hall with the
intent of stealing. Originally his request for his appointed attorney was denied
by Florida under the basis that his crime was a felony and not a capital offence.
He then wrote a petition to the court, saying that his 6th amendment right was
violated. SCOTUS proceeded to side with Gideon that his 6th amendment right
was indeed violated.
Amendment VII:
1978 Bordenkircher v. Hayes
Hayes was charged with forgery which carried a 2-10 year sentence. The
prosecution offered a deal where he will get a 5 year sentence if he plead guilty.
He instead decided to go to a jury and the prosecutor would be seeking
indictment under the Kentucky Habitual Crime Act. If he was found guilty he
would be sentenced to life in prison. He ended up being found guilty under the
jury and was sentenced to life. SCOTUS also ruled that this was perfectly ok
under the 7th amendment.
