US constitution

Question 1

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30]

Answer 1

pg topics
1. structure of government in constitution

2. federal funding
3. SCOTUS

State’s rights are not effectively protected because of theory vs reality- reality federal overreach and flaws of constitution

Question 2

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] -
agree
structure of government in constitution

Answer 2

Evidence: 10th Amendment reserves undelegated powers to the states.

Evidence: Article I, Section 8 limits Congress to specific powers.

Explanation: States retain sovereignty over many areas (e.g., education, policing).

e.g.
Florida’s “Stop WOKE” Act (HB 7), enacted on July 1, 2022, restricts how race and gender issues are taught in schools

• In 2021, Connecticut, Mississippi, New Mexico and New York were added to the list of states the legalised the use of recreational Marijuana

Question 3

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] -
Disagree
structure of government in constitution

Answer 3

Evidence: Necessary and Proper Clause (Elastic Clause) used in McCulloch v. Maryland (1819) to justify a national bank- precedent of implied congressional powers

Evidence: United States v. Comstock, (2010) SCOTUS which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody.

Question 4

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] -
Agree
Federal Funding

Answer 4

Evidence:

Affordable Care Act (ACA) originally threatened to withhold Medicaid if states didn’t expand it—struck down as coercive in NFIB v. Sebelius (2012).

in Texas, $250 billion is raised independently whilst only $40 billion is given through government grants.

Explanation: Federal grants are technically optional—states choose to accept terms.

Question 5

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] - Disagree - Federal Funding

Answer 5

Evidence:

South Dakota v. Dole (1987) upheld conditions on highway funds to enforce drinking age laws.

Evidence: In 2021, $1.9 trillion budget passed by Congress, the American Rescue Plan, directed funding to COVID- 19 relief work.
21 states complained that this restricts their ability to control their own tax policy
a clause states that this money cannot be used to reduce the tax revenue of a state.

Explanation: States rely heavily on federal funds, which come with strings that effectively limit their independence.
the constitution does not work around this loophole

Question 6

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] -
Agree -
SCOTUS

Answer 6

Evidence: US v. Lopez (1995) struck down federal law under the Commerce Clause, affirming state control over schools.

Evidence: 2022 Virginia. v EPA 2022- limited EPA from regulating greenhouse gas emissions

Question 7

Evaluate the view that the US constitution provides adequate protection of States’ rights. [30] -
Disagree -
SCOTUS

Answer 7

Evidence: Gonzales v. Raich (2005) allowed federal prohibition of medical marijuana, even if legal in a state.

Evidence: Obergefell v Hodges, as even though states may have disagreed with gay marriage, it had to be upheld.

Question 8

Evaluate the view that the US Constitution promotes democracy in the USA. [30]

Answer 8

• rights protection;
• checks and balances;
• provisions for elections;

It does to a large extent mainly due to the very rigid nature of the constitution- while it could be argued these amendments don’t go far enough, they are every entrenched

Question 9

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -

Agree -
provision for elections

Answer 9

the Electoral College, 2 senators per state, use of FPTP and not enforcing a national voting system

In 2000 and 2016, George W. Bush and Donald Trump both got fewer votes main rival
Hillary Clinton received 2.8 million votes more than President Trump.

The U.S. state w/ largest pop. is California 39 million, smallest is Wyoming fewer than 600,000, both awarded 2 senators

the system entrenches unfair and outdated rules about elections

Question 10

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -
Disagree -
provision for elections

Answer 10

representative democracy through frequent elections

The mid-term elections of 2022 allowed voters to choose new members of Congress

2020- Biden won- 306 colleges, 2022- The Republicans took control of the House of Representatives after they passed the threshold of 218 seats. Democrats have retained control of the Senate.

Representative Alexandria Ocasio Cortez have been able to respond to constituency views regardless of the wishes of President Biden. Cortez has sometimes voted against Biden’s measures on health

A- despite the imperfections, the constitution allows for a lot of representation and is entrenched- this choice will remain

Question 11

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -
disagree
checks and balances

Answer 11

prevent elected politicians from delivering their policy promises.
Alabama Association of Realtors v. Department of Health and Human Services (2021)
* During the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC), under the Biden administration, issued an eviction moratorium to prevent landlords from evicting tenants who couldn’t pay rent.- ruled overstepping

congressional check on executive prevents effective covid managing
- in 2022 Republicans used their power in the Senate to add amendments to the National Defense Authorisation Act that undermined his COVID-19 regulations in relation to military personnel in 2022.

Question 12

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -
agree
checks and balances

Answer 12

prevents abuse of power- democracy

2022 President Biden was forced to accept different viewpoints in US society regarding COVID-19 perspectives, arguably maximising representation- National Defense Authorisation Act reflected a compromise of different against COVID-19- no longer enforce vaccination

January 2021- The US Congress has overturned President Donald Trump’s veto of a defence spending bill
Veto Override (Article I, Section 7, Clause 2)

Question 13

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -
disagree
rights protection

Answer 13

limiting who can vote is undemocratic

2022- Louisiana passed a law limiting sites where voters can drop off mail ballots.

African Americans are 3.7 times more likely to be disenfranchised by felony voting restrictions

15th amendment prohibits federal and state governments from denying a citizen the right to vote based on race, color, or previous condition of servitude

Question 14

Evaluate the view that the US Constitution promotes democracy in the USA. [30] -
agree
rights protection

Answer 14

rights are a key tenet of liberal democracy

Bill of Rights, 1st amendment- freedom of speech and the 14th amendment to prevent racial discrimination

Eichmann v United States (1990) (which upheld freedom of expression, overturning a law protecting the US flag from defacement).

Question 15

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

Answer 15

it is a flaw

in theory it protects the principles of the US and creates stability,

but in reality this stability prevents democracy by denying change to an outmoded document

• balances continuity and change
• encourages democracy
• SCOTUS power

Question 16

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

Agree
- balances continuity and change

Answer 16

• protect outdated parts of the constitution
  “well‑regulated militia.”, vs Mass shootings, criminal gun trafficking, and high‑capacity semiautomatic weapons are far outside anything the Founders imagined technologically or socially.
• old amendments do not have correct wording
  15th, 19th, 24th, and 26th Amendments
  These amendments prohibit discrimination in voting based on:

Race (15th)

Sex (19th)

Failure to pay a poll tax (24th)

Age for those 18+ (26th)

dont mention disability- impacts on states limiting mail voting

Question 17

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

• Disagree
• balances continuity and change

Answer 17

• protects key principles of the constitutions
  Bill of Rights, 1st amendment- freedom of speech and the 14th amendment to prevent racial discrimination
• ensures they have widespread support
  The Flag Desecration Amendment (often referred to as the Flag-Burning Amendment) is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical “desecration” of the flag of the United States.

Question 18

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

Agree
- encourages democracy

Answer 18

proposals with overwhelming support can still fail
District of Columbia Voting Rights Amendment
To give D.C. full representation in the U.S. Congress, including voting rights, and representation in the Electoral College.

ratified by only a few states and failed to reach the required 38 states within its seven-year deadline, largely because it was seen as a partisan issue

entrenched nature protects undemocratic principles
Electoral College

he Electoral College, 2 senators per state, use of FPTP and not enforcing a national voting system

In 2000 and 2016, George W. Bush and Donald Trump both got fewer votes main rival
Hillary Clinton received 2.8 million votes more than President Trump.

The U.S. state w/ largest pop. is California 39 million, smallest is Wyoming fewer than 600,000, both awarded 2 senators

the system entrenches unfair and outdated rules about elections

Question 19

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

disagree
- encourages democracy

Answer 19

protects democracy by entrenching systems
Bill of Rights, 1st amendment- freedom of speech and the 14th amendment to prevent racial discrimination

requires cross party support

Federal Marriage Amendment (FMA) was a proposed U.S. Constitutional amendment initiated in the early 2000s, notably supported by President George W. Bush, to define marriage strictly as a union between one man and one woman. It aimed to prohibit same-sex marriage nationwide and prevent judicial rulings from legalizing it. The proposal failed to pass Congress, with the last major vote occurring in 2006

Question 20

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

Agree
- SCOTUS power vs congress power

Answer 20

the SCOTUS have too much power (unelected) and other branches not enough (not democratic) because amendment process is harder than rulings (due to partisanship)

SCOTUS being biased and unelected- Roe v Wade overturned by Dobbs v Jackson 2022

Equal Opportunity to Govern Amendment, proposed in July 2003 by Senator Orrin Hatch (R-Utah), to repeal the Constitution’s natural born citizen clause, allowing naturalized 20 year citizens to become President - attempt to make California Governor Arnold Schwarzenegger eligible, lack of support

Question 21

Evaluate the view that the amendment process a flaw in the US Constitution. [30]

disagree
- SCOTUS power vs congress power

Answer 21

SCOTUS are neutral (doesn’t matter) and congress do have the power to change

National Federation of Independent Business v. Sebelius (2012): In perhaps his most significant break, Roberts wrote the 5-4 opinion that upheld the constitutionality of the Patient Protection and Affordable Care Act (Obamacare).

26ht amendment 1971, was a landmark bipartisan achievement that lowered the voting age to 18.

Article V of the U.S. Constitution defines the amendment process, allowing the document to be altered through a two-step method of proposal and ratification

Question 22

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30]

Answer 22

amendment process is the biggest flaw because vagueness and lack of rights protection play into amendment- they would not be flawed at all If the amendment process was easier

Question 23

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30]
- Agree
- amendment process

Answer 23

E- over 12,000 amendments have been proposed and only 27 have been successful

Flag Protection Amendment had support from a significant majority of elected politicians in Congress.
failed because it did not reach the required threshold.
In 2006 House vote:
In the Senate:
Vote was 66–34.
Fell one vote short of the two‑thirds requirement.
Over 70% of politicians supported the amendment.
Minority opposition prevented passage.
Amendment failed despite support from a clear majority.

Question 24

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30]
- Disagree
- amendment process

Answer 24

E- After the Supreme Court overturned the Flag Protection Act in 1990 there were several attempts in Congress to pass a constitutional amendment to protect the flag. Whilst this passed the two-thirds threshold in the House, it always fell short of the two-thirds needed in the Senate- free speech was protected in this case.

2022: Parliament passed the Elections Act.
Act introduced photo ID requirement for voting.
Requirement has disproportionate effect on turnout among: younger, low income, racial minority
less likely to vote Conservative.
accusations that the Conservative Party used its parliamentary majority to alter the electoral process to increase its chances of winning.
If registration rules were part of an entrenched constitution, this change would not be possible without cross‑party support.

Question 25

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30] - Agree - vagueness

Answer 25

penumbra- In Roe v. Wade (1973), the Supreme Court held that the “right to privacy” (derived from the Due Process Clause of the 14th Amendment) protected a woman’s right to have an abortion. But the Constitution never mentions “privacy” or “abortion.” In Dobbs v. Jackson (2022), the Court overturned Roe, declaring that abortion is not a constitutional right and should be decided by states. “Liberty” in the 14th Amendment is vague. The Roe Court said liberty includes reproductive choices. The Dobbs Court said liberty does not. In Dobbs v. Jackson (2022), the Court overturned Roe, declaring that abortion is not a constitutional right and should be decided by states. “Liberty” in the 14th Amendment is vague. The Roe Court said liberty includes reproductive choices. The Dobbs Court said liberty does not.

Question 26

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30] - Disagree - vagueness

Answer 26

Obergefell v. Hodges (2015) was a landmark 5–4 Supreme Court ruling that legalized same-sex marriage nationwide. The Court decided that the Fourteenth Amendment's Due Process and Equal Protection Clauses Brown v. Board of Education (1954) Issue: Racial segregation in schools * The Equal Protection Clause of the 14th Amendment simply says no state shall “deny to any person … the equal protection of the laws.” * When it was written in 1868, most lawmakers probably did not imagine this would outlaw segregated schools. * But in Brown, the Court used the vagueness of “equal protection” to rule that segregation in public schools was unconstitutional.

Question 27

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30] - Agree - protection of rights

Answer 27

2022- Louisiana passed a law limiting sites where voters can drop off mail ballots. According to the Sentencing Project, African Americans are 3.7 times more likely to be disenfranchised by felony voting restrictions than non-African Americans. Over 6.2% of the adult African American population is disenfranchised compared to 1.7% of the non-African American population.

Question 28

Evaluate the view that the amendment process is the biggest weakness of the US Constitution. [30] - Disagree - protection of rights

Answer 28

Eichmann v United States (1990) (which upheld freedom of expression, overturning a law protecting the US flag from defacement). Bill of Rights, 1st amendment- freedom of speech and the 14th amendment to prevent racial discrimination

Question 29

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30]

Answer 29

it is no longer fitting due to its vague and entrenched nature- as it is not easily amended and is vague, historically it has been sufficient but increasingly it does not fulfill national government, particularly the executive has gotten too big separation of powers federalism rights protection

Question 30

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Agree - separation of powers

Answer 30

Decisions such as Bush v. Gore (2000) and Dobbs v. Jackson (2022) illustrate how the Court can make decisions with sweeping political consequences, arguably beyond what the framers envisioned. Travel Ban (2017): Executive Order 13769 placed restrictions on travellers from several Muslim-majority countries without initial congressional approval.

Question 31

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Disagree - separation of powers

Answer 31

When, in 2008, Senator Barack Obama was elected president, he had to resign from the Senate, as did his newly elected vice president Senator Joe Biden. Life tenure protects judges from political pressure, allowing them to check the other branches even when unpopular. NFIB vs Sebelius 2012 Roberts

Question 32

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Agree - federalism

Answer 32

federal overreach- Arizona v. United States (2012) – The Court struck down major parts of Arizona’s strict immigration law, ruling that immigration is a federal responsibility. Same-Sex Marriage (Obergefell v. Hodges, 2015) – The Supreme Court invalidated state bans on same-sex marriage, forcing states to recognize and issue marriage licenses regardless of their own laws.

Question 33

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Disagree - federalism

Answer 33

enumerated powers Marijuana legalization – Despite federal prohibition, states like Colorado and California have legalized recreational marijuana, showing state power to diverge from federal policy in practice. Election administration – States control voting rules, voter registration systems, and districting. For example, Georgia’s recent election laws (2021) illustrate state-level authority over democratic processes.

Question 34

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Agree - rights protection

Answer 34

2022- Louisiana passed a law limiting sites where voters can drop off mail ballots. According to the Sentencing Project, African Americans are 3.7 times more likely to be disenfranchised by felony voting restrictions The fact that it took one hundred years for the civil rights of black people in the to be protected in Civil Right Act of 1964, after several amendments designed to do this in the 19th century, shows the ineffective and irrelevant nature of the Constitution.

Question 35

Evaluate the view that the US Constitution no longer functions as intended in 21st century USA. [30] - Disagree - rights protection

Answer 35

Bill of Rights, 1st amendment- freedom of speech and the 14th amendment to prevent racial discrimination A huge number of court cases have protected rights, including Brown v Board of Education (1953) (protecting racial equality by declaring separate facilities unconstitutional) and Eichmann v United States (1990) (which upheld freedom of expression, overturning a law protecting the US flag from defacement).

Question 36

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government.  [30]

Answer 36

agree due to partisan gridlock - congress on president - president on congress - supreme court on both

Question 37

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - agree - Checks by Congress on the President

Answer 37

- Override Presidential Veto both houses must pass a super majority vote to overturn a presidential veto January 1, 2021, when Congress overturned President Donald Trump's veto of the National Defense Authorization Act (NDAA) for Fiscal Year 2021. - Power of the Purse power of the purse- - longest ever 42 day 2025 federal shutdown- GOP budget did not pass on party lines- extension of expiring tax credits that make health insurance cheaper for millions of Americans, senate Dems did not want it to pass - Congressional Investigations

Question 38

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - disagree - Checks by Congress on the President

Answer 38

- Approve Presidential Nominations- Article II, Section 2 "advice and consent" power to approve presidential nominations for Cabinet members, federal judges, and ambassadors - defence secretary Pete Hegseth had been investigated for an alleged sexual assault in California in 2017, Fox News host RFK as sec of health and human services- environmental lawyer, vaccine skeptic - Declaration of War - military operations against Iran in Feb/Mar 2026

Question 39

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - agree - Checks by the President on Congress

Answer 39

- Veto Power - Executive Orders January 6th Pardons: Trump issued over 1,500 pardons and commutations for individuals charged or convicted in the January 6 Capitol attack. - Commander-in-Chief Obama Bin Laden Venezuela

Question 40

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - disagree - Checks by the President on Congress

Answer 40

- Commander-in-Chief In 2020, President Trump ordered the targeted killing of Iranian General Qassem Soleimani, exercising this power/check. Venezuela, Iran - Veto Power - Executive Orders birthright citizenship order 2025- extensive legal challenges and, as of April 2026, has been largely blocked by federal courts, with the Supreme Court currently reviewing the case.

Question 41

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - agree - Checks by the Supreme Court on Congress and the President

Answer 41

- Judicial Review- declare laws or executive actions unconstitutional - National Federation of Independent Business v. Sebelius (2012): Upheld the Affordable Care Act but struck down a provision that threatened to cut Medicaid funding to states, citing unconstitutional coercion. - Interpretation of Laws- interpret the meaning, scope, and application of laws passed by Congress - West Virginia v EPA 2022- limited EPA from regulating greenhouse gas emissions lacks authority under the Clean Air Act

Question 42

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. - disagree - Checks by the Supreme Court on Congress and the President

Answer 42

counteracted - judicial appointment Trump x3 -> Roe v Wade 2022 - Constitutional Amendments and Impeachment of Judges - Lily Ledbetter 2008- legislation overturned SC case Ledbetter vs Goodyear Inc. 2008