PAPER 3 - CONSTITUTION - ESSAY
PLANS
Evaluate The View That The US Constitution Is Effective In
Achieving The Principles Set Out By The Founding Fathers.
(30)
Paragraph 1 - Federalism and Limited Government
AGREE:
. The Constitution effectively maintains federalism and limited government, as seen in the
10th Amendment, which states all powers not explicitly given to the federal government are
reserved for the states
. Courts often intervene when the federal government oversteps, such as in 2017 when
Trump's order to withhold federal funding from sanctuary cities (cities protecting
illegal immigrants) was struck down as unconstitutional
. States also challenge federal policies e.g. Republican Texas Governor Greg Abbot
accused Bidens administration of not effectively managing the US-Mexico Border in
response to illegal crossings per month rising above 200,000 so issued an executive order
for state officials to catch and return illegal immigrants
. Additionally, state autonomy is evident in policy variations, such as cannabis
legalisation—38 states allow medical use, 23 permit recreational use, and others, like
Texas, prohibit both
DISAGREE:
. The Constitution has allowed federal power to expand beyond the Founding Fathers’ intent,
weakening federalism and limited government
. The Constitution allows Congress to regulate commerce (trade and economic activity)
between states through the Commerce Clause
. Over time, the Supreme Court has interpreted this clause broadly, allowing the federal
government to regulate more policy areas
. For example, The 1964 Civil Rights Act banned segregation in places like hotels but
some argued Congress had no power to do this
. In Heart of Atlanta Motel v. U.S., the Supreme Court ruled that Congress could act
under the Commerce Clause, as hotels serve people from different states
. This expanded federal power and allowed it to regulate issues like civil rights, which some
say goes beyond what the Founding Fathers intended
. Federal influence grew further during FDR’s New Deal which included federal programs
to provide jobs
. LBJ’s Great Society, with federal programs like Medicare reducing state control over
welfare
. Bush’s No Child Left Behind Act increased federal involvement in education
,. Trump deployed federal troops against state wishes during BLM protests, highlighting
federal overreach
Paragraph 2 - Separation of Powers and Checks and Balances
AGREE:
. The separation of powers is a key feature of the US Constitution, designed to prevent any
one branch from gaining too much power
. The Founding Fathers were influenced by Montesquieu, who argued that combining the
legislative and executive powers led to tyranny
. To avoid this, they gave each branch ways to limit each other’s power
. A key part of this system is the separation of personnel—no one can be part of more than
one branch at the same time
. For example, when both Obama and Biden became President in 2008 and 2020, they
had to step down from the Senate
. The system of checks and balances works today
. For example, President Biden’s 2023 proposals failed because Congress, controlled
by the Republicans, didn’t agree E.G. codifying abortion rights
. The President can also veto bills with Trump vetoing 10 bills total such as the Iran War
Powers resolution in 2020
. The Supreme Court also checks the power of the other branches, such as when it ruled
Biden’s student debt forgiveness plan unconstitutional in 2023
. However, Congress and the President can check the Supreme Court by selecting justices
and amending the Constitution if needed, as seen with the 16th Amendment for federal
income tax after the Supreme Court declared income tax as unconstitutional in 1894
DISAGREE:
. The Constitution may not be effective in upholding the separation of powers and checks
and balances, as the Presidency can act unilaterally, bypassing Congressional checks
. For example, Presidents can issue executive orders or make international agreements
without Congressional approval
. Trump used executive orders, like the 2017 travel ban and Obama made agreements
like the Iran Nuclear Deal without Senate ratification
. These powers aren’t mentioned in the Constitution and can bypass checks and balances
. Additionally, the difficult amendment process gives the Supreme Court more influence over
constitutional changes
. The Supreme Court can introduce ‘interpretative amendments’, where the Supreme Court
changes how the Constitution is implemented by altering how they interpret certain parts of it
. For example, the Dobbs v. Jackson decision, which removed the Constitutional right
to abortion
. Finally, partisan politics weaken checks and balances, as seen when Congress, controlled
by the same party as the President, does not provide meaningful oversight
. For example, during George Bush’s presidency, the Republican Congress offered
little scrutiny during the Iraq War
. The Senate has not rejected a treaty from a President of their own party since 1935
,Paragraph 3 - Bipartisanship
AGREE:
. The separation of powers and checks and balances in the Constitution mean compromise
is needed, especially under divided government, where the President and Congress are
from different parties
. Bipartisanship (cooperation between parties) is necessary for passing laws and is a key
principle of the Constitution
. Recent examples show that bipartisanship works
. For example the CARES Act (a $2.2 trillion economic stimulus for COVID-19) passed in
March 2020 under a divided Government
. In April 2024, Congress passed a $95B foreign aid package to Ukraine, Israel, and
Taiwan, overcoming major Republican disagreements
. In July 2024, Congress passed the ADVANCE Act with strong bipartisan support for
nuclear power and new reactor tech, boosting clean energy, jobs, and U.S. competitiveness
with China
DISAGREE:
. The Constitution can be seen as ineffective in achieving bipartisanship, as it often leads to
gridlock and the failure to pass important legislation
. For example, Congress failed to pass the DREAM Act under Obama, despite public
support, and gun control efforts were blocked after the 2013 Sandy Hook Elementary
School shooting
. Both bills were hindered by the Senate filibuster (when a Senator speaks for a long time,
to prevent the Senate from voting on a bill)
.The failure of bipartisanship has also resulted in two major government shutdowns in recent
years when Congress has rejected the President's budget
. For example in 2013 under Obama and in 2018-19 under Trump, largely due to
disagreements over policies like the Affordable Care Act and the border wall
, Evaluate The View That The Entrenched And Codified Nature
Of The US Constitution Has More Advantages Than
Disadvantages. (30)
Paragraph 1 - It is difficult to change
AGREE - Key Principles Of The Constitution Are Protected By A Difficult Amendment
Process:
. The difficulty of amending the Constitution is an advantage because it protects its key
principles, ensuring that only well-supported changes are made
. The amendment process requires a 2/3 majority in both houses of Congress and 3/4
of state legislatures to ratify
. This was designed by the Founding Fathers to safeguard the Constitution's core principles,
like separation of powers, checks and balances, and individual rights, as seen in the Bill of
Rights
. For example, the First Amendment guarantees freedom of speech, which was protected
from proposed changes like the failed Flag Desecration Amendment (which would have
banned burning the US flag)
. When broad public support exists, amendments can still address new needs, such as the
Sixteenth Amendment (1913) that introduced an income tax to support military
spending
DISAGREE - The Constitution Is Rigid, Outdated And Fails To Evolve As Society
Does:
. The difficulty of amending the Constitution can be seen as a disadvantage because it leads
to outdated provisions
. For example, the Second Amendment, originally meant to protect against a tyrannical
government, is less relevant today due to modern military technology and the failure to pass
gun control laws, contributing to yearly violence
. Similarly, the Electoral College and other parts of the Constitution are outdated
. The amendment process also struggles to keep up with societal changes, especially in
today's polarised political environment
. The Equal Rights Amendment, despite widespread support in the 1970s, failed to pass
because it couldn't secure enough state ratifications
. Over 200 years, only 17 amendments have been successfully passed
PLANS
Evaluate The View That The US Constitution Is Effective In
Achieving The Principles Set Out By The Founding Fathers.
(30)
Paragraph 1 - Federalism and Limited Government
AGREE:
. The Constitution effectively maintains federalism and limited government, as seen in the
10th Amendment, which states all powers not explicitly given to the federal government are
reserved for the states
. Courts often intervene when the federal government oversteps, such as in 2017 when
Trump's order to withhold federal funding from sanctuary cities (cities protecting
illegal immigrants) was struck down as unconstitutional
. States also challenge federal policies e.g. Republican Texas Governor Greg Abbot
accused Bidens administration of not effectively managing the US-Mexico Border in
response to illegal crossings per month rising above 200,000 so issued an executive order
for state officials to catch and return illegal immigrants
. Additionally, state autonomy is evident in policy variations, such as cannabis
legalisation—38 states allow medical use, 23 permit recreational use, and others, like
Texas, prohibit both
DISAGREE:
. The Constitution has allowed federal power to expand beyond the Founding Fathers’ intent,
weakening federalism and limited government
. The Constitution allows Congress to regulate commerce (trade and economic activity)
between states through the Commerce Clause
. Over time, the Supreme Court has interpreted this clause broadly, allowing the federal
government to regulate more policy areas
. For example, The 1964 Civil Rights Act banned segregation in places like hotels but
some argued Congress had no power to do this
. In Heart of Atlanta Motel v. U.S., the Supreme Court ruled that Congress could act
under the Commerce Clause, as hotels serve people from different states
. This expanded federal power and allowed it to regulate issues like civil rights, which some
say goes beyond what the Founding Fathers intended
. Federal influence grew further during FDR’s New Deal which included federal programs
to provide jobs
. LBJ’s Great Society, with federal programs like Medicare reducing state control over
welfare
. Bush’s No Child Left Behind Act increased federal involvement in education
,. Trump deployed federal troops against state wishes during BLM protests, highlighting
federal overreach
Paragraph 2 - Separation of Powers and Checks and Balances
AGREE:
. The separation of powers is a key feature of the US Constitution, designed to prevent any
one branch from gaining too much power
. The Founding Fathers were influenced by Montesquieu, who argued that combining the
legislative and executive powers led to tyranny
. To avoid this, they gave each branch ways to limit each other’s power
. A key part of this system is the separation of personnel—no one can be part of more than
one branch at the same time
. For example, when both Obama and Biden became President in 2008 and 2020, they
had to step down from the Senate
. The system of checks and balances works today
. For example, President Biden’s 2023 proposals failed because Congress, controlled
by the Republicans, didn’t agree E.G. codifying abortion rights
. The President can also veto bills with Trump vetoing 10 bills total such as the Iran War
Powers resolution in 2020
. The Supreme Court also checks the power of the other branches, such as when it ruled
Biden’s student debt forgiveness plan unconstitutional in 2023
. However, Congress and the President can check the Supreme Court by selecting justices
and amending the Constitution if needed, as seen with the 16th Amendment for federal
income tax after the Supreme Court declared income tax as unconstitutional in 1894
DISAGREE:
. The Constitution may not be effective in upholding the separation of powers and checks
and balances, as the Presidency can act unilaterally, bypassing Congressional checks
. For example, Presidents can issue executive orders or make international agreements
without Congressional approval
. Trump used executive orders, like the 2017 travel ban and Obama made agreements
like the Iran Nuclear Deal without Senate ratification
. These powers aren’t mentioned in the Constitution and can bypass checks and balances
. Additionally, the difficult amendment process gives the Supreme Court more influence over
constitutional changes
. The Supreme Court can introduce ‘interpretative amendments’, where the Supreme Court
changes how the Constitution is implemented by altering how they interpret certain parts of it
. For example, the Dobbs v. Jackson decision, which removed the Constitutional right
to abortion
. Finally, partisan politics weaken checks and balances, as seen when Congress, controlled
by the same party as the President, does not provide meaningful oversight
. For example, during George Bush’s presidency, the Republican Congress offered
little scrutiny during the Iraq War
. The Senate has not rejected a treaty from a President of their own party since 1935
,Paragraph 3 - Bipartisanship
AGREE:
. The separation of powers and checks and balances in the Constitution mean compromise
is needed, especially under divided government, where the President and Congress are
from different parties
. Bipartisanship (cooperation between parties) is necessary for passing laws and is a key
principle of the Constitution
. Recent examples show that bipartisanship works
. For example the CARES Act (a $2.2 trillion economic stimulus for COVID-19) passed in
March 2020 under a divided Government
. In April 2024, Congress passed a $95B foreign aid package to Ukraine, Israel, and
Taiwan, overcoming major Republican disagreements
. In July 2024, Congress passed the ADVANCE Act with strong bipartisan support for
nuclear power and new reactor tech, boosting clean energy, jobs, and U.S. competitiveness
with China
DISAGREE:
. The Constitution can be seen as ineffective in achieving bipartisanship, as it often leads to
gridlock and the failure to pass important legislation
. For example, Congress failed to pass the DREAM Act under Obama, despite public
support, and gun control efforts were blocked after the 2013 Sandy Hook Elementary
School shooting
. Both bills were hindered by the Senate filibuster (when a Senator speaks for a long time,
to prevent the Senate from voting on a bill)
.The failure of bipartisanship has also resulted in two major government shutdowns in recent
years when Congress has rejected the President's budget
. For example in 2013 under Obama and in 2018-19 under Trump, largely due to
disagreements over policies like the Affordable Care Act and the border wall
, Evaluate The View That The Entrenched And Codified Nature
Of The US Constitution Has More Advantages Than
Disadvantages. (30)
Paragraph 1 - It is difficult to change
AGREE - Key Principles Of The Constitution Are Protected By A Difficult Amendment
Process:
. The difficulty of amending the Constitution is an advantage because it protects its key
principles, ensuring that only well-supported changes are made
. The amendment process requires a 2/3 majority in both houses of Congress and 3/4
of state legislatures to ratify
. This was designed by the Founding Fathers to safeguard the Constitution's core principles,
like separation of powers, checks and balances, and individual rights, as seen in the Bill of
Rights
. For example, the First Amendment guarantees freedom of speech, which was protected
from proposed changes like the failed Flag Desecration Amendment (which would have
banned burning the US flag)
. When broad public support exists, amendments can still address new needs, such as the
Sixteenth Amendment (1913) that introduced an income tax to support military
spending
DISAGREE - The Constitution Is Rigid, Outdated And Fails To Evolve As Society
Does:
. The difficulty of amending the Constitution can be seen as a disadvantage because it leads
to outdated provisions
. For example, the Second Amendment, originally meant to protect against a tyrannical
government, is less relevant today due to modern military technology and the failure to pass
gun control laws, contributing to yearly violence
. Similarly, the Electoral College and other parts of the Constitution are outdated
. The amendment process also struggles to keep up with societal changes, especially in
today's polarised political environment
. The Equal Rights Amendment, despite widespread support in the 1970s, failed to pass
because it couldn't secure enough state ratifications
. Over 200 years, only 17 amendments have been successfully passed
