Evaluate the extent to which the US constitution is anti-democratic.

Created by: wanjikar
Created on: 09-06-23 13:11

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Evaluate the extent to which the US constitution is anti-democratic.
- Democratic
  - Federalism
    - E.G., California legalised cannabis in 2016
    - responsive and representative government at state level
    - indidvidual states contain their own constitutions with different laws and practices
    - expands the rights of American citizens
  - 1st Amendment allows for a pluralist democracy
    - allows wide range of special interest groups that influence the legislative process
      - E.G., NRA and Planned Parenthood
    - allow for redress of grievances via the federal courts
    - allows for minority groups to be represented
    - abused by corporate interests
      - Big Pharma has two lobbyists for each Congressperson
- Anti-Democratic
  - Gridlock
    - The President is elected with a mandate but unable to fulfill it because of Congress
      - e.g., Biden couldn't pass the Build Back Better bill
      - Trump couldn't secure funding for the Mexican border
    - the nature of the constitution needing bipartisanship for real change leads to gridlock due to partisanship
    - the system ignores the will of the people
    - gridlock is a result of partisanship not the Constitution
  - Imperial Judiciary
    - controversial issues are decided by unelected judges
      - e.g., Roe v Wade and Obergefell v Hodges (2015)
    - the judiciary is also the least checked branch of government
    - decides public policy which should be reserved for the other brnanches
    - un-democratic because of the constittuion to protect it from populism and allows, liberal democracy and civil liberties

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Evaluate the extent to which the US constitution is anti-democratic.

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