Submitted by: Submitted by DanIsAG
Views: 10
Words: 1607
Pages: 7
Category: Other Topics
Date Submitted: 03/19/2016 04:22 PM
'The US constitution is no longer fit for purpose'. Discuss
(45marks)
Arguments
to
suggest
it’s
no
longer
fit
for
purpose:
Imperial
Judiciary.
When
drafting
the
Constitution
the
Founding
Fathers
intended
that
neither
branch
would
become
too
powerful,
however,
this
has
failed
and
the
US
Constitution
has
created
an
‘imperial
judiciary’
in
which
the
Supreme
Court
has
become
too
powerful.
For
an
unelected
body
the
Supreme
Court
exercises
too
much
influence
through
its
power
of
judicial
review
and
is
able
to
strike
down
any
laws
and
actions
of
states
and
the
other
two
branches.
The
Supreme
Court
interferes
in
many
issues
that
should
be
considered
local
such
as
Obergefell
v
Hodges
&
U.S
v
Windsor
(gay
marriage),
Gonzales
v
Carhart
&
McCullen
v.
Coakley
(abortion).
Their
ability
to
enact
social
change
as
an
unelected
body
and
interfere
with
issue
that
should
be
local
has
truly
generated
an
image
of
an
imperial
judiciary.
Imperial Presidency. The modern presidency, as Schlesinger argues has
become an imperial presidency whereby just like the Supreme Court, the
President is too powerful. The Presidents have effectively exploited their role as
Commander-in-Chief in overtaking Congress’ constitutional power of being able
to declare war which Congress has not used since 1941 on Japan and since
then, the President has been involved in a lot of wars despite...