Nature: Positives & Negatives

Political Studies: Edexcel A Level, topic 12.1.2

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.

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

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

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

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.

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

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.

The entrenched nature of the Constitution makes it very difficult to amend.
Article V requires a two-thirds majority in both Houses of Congress and ratification by three-quarters of states (38 of 50).
Only 27 amendments have been passed in over 230 years; the first ten - the Bill of Rights - were ratified in 1791.

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 areas such as the Elastic Clause, and has caused regular conflicts between the states and the federal government.