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The Constitution of the USA
Key Questions: Is the US Constitution out of date? How flexible is the US Constitution?
Short Questions: Why is the US Constitution so hard to amend?
Guide to Study
The largest section of this topic – pages 3 to 8 – deals with the flexibility of the US constitution.
Five main areas are discussed:
The language of the constitution
The Supreme Court
Amendment
Legislation, Institutions, Conventions and Organisations
Public Opinion
Pages 1 to 3 discuss the basic nature and principles of the constitution – key points are that the constitution provides the riverbed of US politics, laying down the enduring principles based on the dispersal of power; its flexibility is constructed on the combination of definiteness of principle and flexibility of detail. Pages 8-11 debate criticisms of the constitution and the impossibility of radical reform of the constitution. It is probable that these sections are not central to exam questions asked – which tend to centre on flexibility – but at least the general arguments should be known.
The conclusion – page 11 – draws out the general theme of flexibility in a context of some broad comments on the political system.
1. The Riverbed of US politics
Unlike Britain, the U.S.A. has a written or codified constitution.
This defines;
The system of political institutions
The powers belonging to different bodies
The relationship between them
Fundamental individual rights and liberties
Methods of election, qualifications to stand for election and so on.
It is a higher form of law to which all other laws must conform.
It embodies the basic principles of divided and limited government.
Fundamental rights are protected by the first ten amendments (Bill of Rights).
The US constitution is also entrenched - i.e. it can only be altered by special procedures.
It is protected and interpreted by a Supreme Court.
The constitution is very much like a
Key Questions: Is the US Constitution out of date? How flexible is the US Constitution?
Short Questions: Why is the US Constitution so hard to amend?
Guide to Study
The largest section of this topic – pages 3 to 8 – deals with the flexibility of the US constitution.
Five main areas are discussed:
The language of the constitution
The Supreme Court
Amendment
Legislation, Institutions, Conventions and Organisations
Public Opinion
Pages 1 to 3 discuss the basic nature and principles of the constitution – key points are that the constitution provides the riverbed of US politics, laying down the enduring principles based on the dispersal of power; its flexibility is constructed on the combination of definiteness of principle and flexibility of detail. Pages 8-11 debate criticisms of the constitution and the impossibility of radical reform of the constitution. It is probable that these sections are not central to exam questions asked – which tend to centre on flexibility – but at least the general arguments should be known.
The conclusion – page 11 – draws out the general theme of flexibility in a context of some broad comments on the political system.
1. The Riverbed of US politics
Unlike Britain, the U.S.A. has a written or codified constitution.
This defines;
The system of political institutions
The powers belonging to different bodies
The relationship between them
Fundamental individual rights and liberties
Methods of election, qualifications to stand for election and so on.
It is a higher form of law to which all other laws must conform.
It embodies the basic principles of divided and limited government.
Fundamental rights are protected by the first ten amendments (Bill of Rights).
The US constitution is also entrenched - i.e. it can only be altered by special procedures.
It is protected and interpreted by a Supreme Court.
The constitution is very much like a