Politics Paper 3

• ESSAY QUESTION - Review the extent to which the constitution allows for types of democracy today and where it fails
• ESSAY QUESTION - Evaluate the impact on government including what government is supposed to do and if the constitution helps or hinders this
• ESSAY QUESTION - Evaluate the extent of democracy under the US constitution in America today
• ESSAY QUESTION - Assess the effectiveness of the US constitution on achieving the principles outlined
• Impact of the constitution

  Checks and Balances - separation of branches and articles is a check and balance within itself - prevents tyranny, transparent, accountable, scrutinised ,veto,enumerated powers. - who checks on who - go to judges (judicial review) - implications - gridlock -e.g budget, bad for democracy - power of the people - entrenched - impeachment - direct democracy?

  
  

  Protection of Rights and Freedoms - Bill of rights - amendment 1-10,14 - liberal democracy - issue that it is entrenched, cannot change it .e.g school shootings - second amendment, tyrant for trying to go against it - job of congress - cannot do their job - cannot change the constitution because its too entrenched - constant debate

  
  

  Elections and Voting - representative democracy - 26 amendment - over 18 vote - types of people that can run, when they can run, how it happens - president / congress - difficult to change, too specific, difficult to understand, constant election campaign - president voted by the electoral college - not a representative democracy- electoral college doesn't have to vote what the public say to protect the public from having a mass vote - can cause voter apathy
• Democracy in Constitution -

  Majoritarian democracy

  Majoritarian democracy refers to democracy based upon majority rule of a society's citizens. Majoritarian democracy is the conventional form of democracy used as a political system in many countries.
• Democracy in Constitution -

  Liberal democracy

  A democratic system of government in which individual rights and freedoms are officially recognized and protected, and the exercise of political power is limited by the rule of law.
• Democracy in Constitution -

  Pluralist democracy


  A political system where there is more than one centre of power. Democracies are by definition pluralist as they allow freedom and association. However, pluralism may exist without democracy
• Democracy in Constitution -

  Representative democracy


  A type of democracy founded on the principle of elected officials representing a group of people, as opposed to direct democracy.
• Democracy in Constitution -

  Direct democracy


  Form of democracy in which people decide (e.g. vote on, form consensus on) policy initiatives directly. This differs from the majority of modern Western-style democracies, which are representative democracies.
• Advantages and disadvantages of the amendment process

  ADVANTAGES -

  - Protects the constitution from political whims

  -Protects the constitution from popular sentiment of the time

  -It works

  
  

  DISADVANTAGES -

  - Time consuming

  - Some amendments are now null and void in today's society

  - Long and difficult process, amendments which are needed to protect the minorities often fail
• Constitution: The amendment process

  1 - 2/3 votes in each house of congress, 3/4 state legislatures must approve

  2- proposed by congress and ratified at state conventions

  3 - 2/3 states request approval, send to congress, and ratified by 3/4 state legislatures
• Features of the Constitution

  1. Federalism

  2. Separation of powers and checks and balances

  3. Bipartisanship

  4. Limited government
• Nature of the constitution

  1. Vagueness of the document

  2. Codification

  3. Entrenchment
• Separation of Powers

  The three key bodies of government - legislature, executive and the judiciary each have their own powers, personnel and buildings
• Principle


  The core structural aspects of how the US constitution was defined by the foundling fathers when it was drafted
• Limited Government

  The power of the US federal government over its states and citizens is subject to limitations as laid out in the constitution
• Federalism


  The US system in which sovereignty is shared between a central government and the individual states, with each having their own specific rights
• Enumerated Powers of Congress

  Such powers are explicitly in the US constitution - for example Article 1, section 8 provides a list of congressional powers
• Entrenchment

  A system by which the US constitution is protected from change by law, in this case, the amendment process of Article V.
• Constitution

  A set of rules determining where sovereignty lies in a political system, and establishing the precise relationship between the government and the governed
• Codification

  A constitution that is written down in one singular document
• Checks and Balances

  The division of power between three branches of government where each branch has a direct ability to prevent action from another branch.
• Bipartisanship

  Attempts within the structure of the US Congress to try and ensure that the two main parties must work together in order to fulfil Congressional functions.
• Bill of Rights

  The first 10 amendments passed in 1791

  Protects rights of individuals against the government

  Protects state power against federal government
• Amendments 1-3

  Freedom of religion, speech and press, rights of petition and assembly

  Keep and bear arms

  No forced quartering of troops
• Amendments 4-7

  No unreasonable searches or seizures

  Right to due process of law, no double jeopardy or self incrimination

  Rights of the jury, speedy and public trial, witnesses in defense and attorney

  Right to trial by jury in a clear case
• Amendments 8-12

  No cruel or unusual punishments

  Other rights not included in constitution

  State rights and powers

  Suits against a state (1795)

  Election of president and vice president (1804)
• Amendments 13-16

  Abolition of slavery (1865)

  Protects rights against state infringements (defines citizenship, requires due process and equal protection, punishes states for denying votes) (1868)

  Voting rights (1870)

  Federal income tax (1913)
• Constitution timeline 1791-1920

  1791: Bill of Rights

  1870: amendments 13-15 ratified, 13th ended slavery, provided equal treatment to all citizens regardless of race (14th) and gave people the right to vote regardless of 'race, color or previous servitude' (15th)

  1913: 16th amendment gives congress the right to levy federal income tax

  1919: 18th amendment prohibits the manufacture/sale of alcohol
• Constitution timeline 1921-1970

  1920: 19th amendment gave white women the right to vote

  1933: 21st amendment repeals the 18th

  1951: 22nd amendment limits the president to two terms in office

  1967: 25th amendment allows the vice president to assume the office temporarily while a president is unable to fulfil their duties
• Affordable Care Act

  Obama received a mandate for health care reform in 2008, yet was forced to abandon major aspects of his policy in light of opposition from congress, including democrats

  The elected house prevented an elected president from achieving his policies

  In 2014 republicans took control of the house and repealed health care, but it was vetoed by obama
• Elections create democracy

  Free and fair elections

  More elections = US citizens vote more than other countries

  2 year house terms
• Elections do not create democracy

  The electoral college is outdated and based on a reluctance to give power to the people
• Checks and Balances create democracy

  Prevents one person / party / institution from holding all the power

  Can prevent corruption

  Ensure everyone's interests are considered
• Checks and balances do not create democracy

  Democrats vote for democratic policies, republicans vote for republican policies

  2012, voted for a democratic president who wanted comprehensive immigration reform but when in the house, the speaker blocked debates
• Rights Protection creates democracy

  The bill of rights and 14th amendment give legal protection to americans

  Protect certain powers the people have, giving them the ability to have influence over the government
• Rights protection does not create democracy

  Shelby ruling has allowed states to created laws that undermine the opportunity for poor/minority voters to participate

  If voters choose to vote for politicians with dodgy policies (voter ID) then they should be allowed to carry them out
• Enumerated powers

  set out clearly
• Implied powers


  not expressly set down