Democratic or Anti-Demcoratic – Assessing the Constitution
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17th January 2018
ASSESSING THE CONSTITUTION
Checks and Balances
- Which checks and balances are justified?
- How do they limit the power of government to protect individuals?
- Which checks and balances are excessive?
- What is ‘divided government’ and ‘congressional gridlock’?
- How does hyper-partisanship reduce the effectiveness of government as a result of checks and balances?
Electoral College
- How does the Electoral College work?
- How are states over or under represented in the Electoral College?
- How does the Electoral College promote federalism?
- What is a ‘faithless elector’ and why do they pose a risk to democracy?
- How can a president receive the most individual votes and still not become president?
Supreme Court
- How does the power of judicial review help limit the power of government?
- How do the unelected and unaccountable justices threaten democracy?
- Why are Supreme Court Justices accuse of ‘legislating from the bench’?
- What is judicial activism?
- How does judicial activism attempt to dictate society’s moral compass?
Protection of Rights
- What individual rights are protected in the constitution?
- Which groups were not originally protected by the constitution?
- How has the use of the death penalty been extended? (Glossip v Gross)
- How has the power of the wealthy been extended at the expense of the poor? (Citizens United v FEC)
- How has the ‘War on Drugs’ undermined constitutional democracy? (Veronia School District v Action)
Amendment Process
- Why is the amendment process so difficult?
- Why should the amendment process be difficult?
- Why has the Equal Rights Amendment failed?
- How can a determined minority resist changing the constitution?
- Why are the 18th and 21st amendments a ‘cautionary tale’ in amending the constitution?
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