12.1.2

Nature: Positives & Negatives

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Nature of the Constitution: Positives

There are several positives to the nature of the constitution, such as the separation of powers, the simplicity, and entrenchment.

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Entrenched

  • Entrenchment preserves the intentions of the founding fathers and prevents populist movements from making drastic and poorly thought through changes.
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Vagueness

  • The vagueness of the constitution allows it to adapt to the modern world as it can be interpreted to mean different things.
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Simplicity

  • The simplicity of a codified constitution allows all citizens to clearly know and understand their rights.
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Clarity

  • There is a clearly outlined structure of government with separation of powers between the 3 branches of government, preventing any one person or group to have too much power.

Nature of the Constitution: Negatives

There are several negatives to the nature of the Constitution, such as its vagueness and entrenchment.

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Vagueness

  • The vagueness of the constitution leaves a lot to interpretation, the final say on which goes to the Supreme Court.
  • It is very hard to overturn a Supreme Court decision which arguably gives the 9 justices the ultimate say over important constitutional issues.
  • The fact that the US judiciary is politicised and not necessarily impartial makes this more concerning.
  • There is also potential for conflict due to vagueness and differing interpretations.
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Difficult to amend

  • The entrenched nature of the constitution makes it difficult to amend.
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Extent of federal government unclear

  • The Elastic Clause or ‘necessary and proper’ clause in Article I of the constitution states that Congress is entitled ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing powers’.
  • The power of the federal government has expanded since the creation of the constitution.
    • This has been allowed due to the vagueness of some areas of the constitution, such as the Elastic Clause, and has caused regular conflicts between the states and the federal government.

Jump to other topics

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

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