Constitution Topic – Exam Question Feedback

How effectively do the three branches of Federal government check each other? (15)

The system of checks and balances was framed to ensure that each branch depends on the others to carry out its functions, and none can become too powerful.

Evidence that the checks are too weak to be effective includes:

• The growth of judicial review has meant that the Supreme Court exercises almost uncheckable power over a wide range of public policy.
• The president has exploited his role as commander in chief to effectively take over Congress’s power to declare war.
• Unified party control of the White House and Congress can lead to high levels of co-operation, e.g. the period of Republican control in 2002-06.
• The president can circumvent Congress through executive orders, executive agreements and recess appointments.
• The president can distort the intent of Congress through signing statements.

Evidence that the checks are too strong to be effective includes:

• Gridlock can occur when the presidency and Congress are controlled by different parties, e.g. the government shutdowns of 1995-96.

Evidence that the checks are effective includes:

• The constitution has worked for over 200 years and has only been amended 27 times.

To what extent is there disagreement about how effectively the Constitution protects freedom? (45)

Indicative Content

Candidates should demonstrate an awareness that Americans from different ideological positions have contrasting views on how they define freedom and how effectively constitutional mechanisms to protect freedom have operated.

• Conservatives, who define freedom in negative terms (non-interference) believe that the Constitution was designed to limit the size and power of government, especially the national government, and that it has been largely ineffective at doing so. Each national crisis since the 1930’s has seen the growth of the national government with a proportionate disempowerment of the states. This is a dynamic that is inimical to freedom from interference from a government that feels remote
• Liberals, who define freedom in positive terms (fulfilment of potential) believe that the Constitution was designed to protect rights and that it has had a mixed record at best. Infringement of rights has often been the result of bigotry at local level and the Constitution has often made it difficult for the national government to intervene
• Centrists argue that the Constitution strikes the best possible balance between freedom and effective government. There have been times when this balance has been lost, such as when Japanese Americans were interned during World War II, but it has always been restored

Grade Equivalent / 45

Student Reflection