1. US Constitution in Action: Democracy & Sovereignty
Could you be a political analyst?
US Constitution in Action: Democracy & Sovereignty
Key Questions:
Which group or person is ‘sovereign’ in the US political system? Why?
Congress
President
People
Which branch of government has the most power, despite the checks and balances? Why?
Legislative
Executive
Judiciary
Think about the answers to these questions, discuss with your partner and prepare to share your ideas.

2. Enquiry Question: How far is the constitution anti-democratic?

3. Learning Outcomes
To identify and explain the strengths and weaknesses of the US constitution
To assess how far the constitution is anti-democratic

4. Strengths & Weaknesses
Thinking Critically
Strengths & Weaknesses
YOUR TASK:
What are the strengths of the US constitution?
What makes it effective in:
Representing all people equally
Limiting the power of government
Protecting the rights of citizens
What are the weaknesses of the US Constitution?
How does the constitution not fulfil these roles?

5. Colour code the statements to show whether they are describing a strength or a weakness.
Bill of Rights: Enshrined rights have stood the test of time with US Citizens free to assemble and have free speech alongside all the legal rights which some countries do not afford to their citizens.
Principles: The Constitution presupposes that every US Citizen is entitled to a life of liberty and the pursuit of happiness. It is the bedrock of a modern liberal democracy.
Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Evidence comes in the form of the limited number of amendments since 1787.
Archaic Provisions: Some of the 18th Century provisions are no longer applicable in a modern society and are difficult to change such as the Right to Bear Arms or form militias.
Vagueness: The ambiguity with which the Constitution was written allows for interpretations to form, together with the politicisation of the judiciary
Equality: When drafting the Constitution focusses on free men only, rather than all peoples including slaves, women, and Native Americans.
The Imperial Presidency: The Constitution was vague on the powers of the executive and did not disperse executive power evenly creating the seeds of an Imperial Presidency that would come with the Nixon administration.
Checks and Balances: Checks and Balances ensure that all branches of government have their power checked against the others resulting in a balanced system of government for the people
Bill of Rights: Enshrined rights have stood the test of time with US Citizens free to assemble and have free speech alongside all the legal rights which some countries do not afford to their citizens.
Principles: The Constitution presupposes that every US Citizen is entitled to a life of liberty and the pursuit of happiness. It is the bedrock of a modern liberal democracy.
Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Evidence comes in the form of the limited number of amendments since 1787.
Archaic Provisions: Some of the 18th Century provisions are no longer applicable in a modern society and are difficult to change such as the Right to Bear Arms or form militias.
Vagueness: The ambiguity with which the Constitution was written allows for interpretations to form, together with the politicisation of the judiciary
Equality: When drafting the Constitution focusses on free men only, rather than all peoples including slaves, women, and Native Americans.
The Imperial Presidency: The Constitution was vague on the powers of the executive and did not disperse executive power evenly creating the seeds of an Imperial Presidency that would come with the Nixon administration.
Checks and Balances: Checks and Balances ensure that all branches of government have their power checked against the others resulting in a balanced system of government for the people

6. How effective is the constitution?
YOUR TASK:
Read the hand-out “Views of the Constitution” which explores the views of conservatives, liberals and centrists on the constitution.
Use two colours to highlight the strengths each viewpoint sees in the constitution, and the weaknesses.
Make sure to create a key.

7. Sanford Levinson, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) is a professor at the University of Texas Law School.
In his book Levinson takes a hard look at one of the most revered documents in American politics, the Constitution.
Levinson has kindly summed up his book for you Letterman-style on your hand out, however, you need to decide which is the biggest weakness in the constitution.
Organise them into rank order starting with the biggest weakness as number 1 and the smallest weakness as number 10.

8. Learning Outcomes
To identify and explain the strengths and weaknesses of the US constitution
To assess how far the constitution is anti-democratic

9. Error 404 Democracy not found.
Anti-democratic means that something fails to protect rights, does not allow for effective government and doesn't allow for maximum participation upholding principles.
Although there is some evidence to suggest that US Constitution does these things, there is greater evidence to suggest that it does not, thus making it anti democratic.

10. Assessing the Constitution
YOUR TASK:
You will work in groups to assess the key areas in which there is debate regarding the democratic nature of the constitution.
Checks and balances
Electoral College
Supreme Court
Protection of Rights
Amendment Process
You have 30 minutes in which to research and answer the key questions for your topic.
Each person in group will then be responsible for explaining (at least!) one question and answer to the class who will take notes.
The aim of this task is for your to discuss constitutional debates confidently – not read a script!

11. Checks and Balances Key Questions
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?

12. Electoral College Key Questions 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?

13. Supreme Court Key Questions
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?

14. Protection of Rights Key Questions
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)

15. Amendment Process Key Questions
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?

16. Learning Outcomes
To identify and explain the strengths and weaknesses of the US constitution
To assess how far the constitution is anti-democratic

17. Could you be Founding Fathers? Constitutional Amendment
Based on your understanding of the current strengths and weaknesses of the US constitution, write an amendment to make it more democratic.
In groups, discuss (and come to a consensus on) the wording of a new amendment.

18. To what extent is the US constitution anti-democratic?
Ways in which the constitution could be considered anti-democratic include:
Checks and balances/separation of powers
creates a system in which it is too easy for a minority to block legislation; the composition of the legislature with two equal chambers elected by different constituencies, and in the Senate at different times, means the popular will is difficult to identify and act on
Senate
originally unelected, still two per state regardless of population
Electoral College
method of indirect election, and even though all electors now formally pledged to candidates, ‘faithless electors’ can vote as they see fit
distortion of popular vote means that the winner of the popular vote may still lose the election

19. To what extent is the US constitution anti-democratic?
Amendment procedure
too difficult - means updating can be resisted by a determined minority, e.g. the failed attempts to ratify the ERA
Supreme Court
power of the unelected court over the constitution means it can strike down laws passed by elected legislatures
because judicial review is not explicitly detailed in constitution, there are no effective formal checks

20. To what extent is the US constitution anti-democratic?
Ways in which the constitution could be considered not to be anti-democratic include:
Checks and balances/separation of powers
the extensive checks and balances means legislation is always carefully considered and a full range of views are brought to bear on it
Electoral College
faithless electors have never affected the result
distortion of popular vote usually works to strengthen the mandate of the winner, only very occasionally does the loser of the popular vote win
Amendment procedure
difficulty of amendment is essential to preserve key principles of constitution from short-lived waves of sentiment – the passage of the Prohibition amendments shows the process should be more demanding if anything

21. Homework
Application Task: To what extent is the US constitution anti-democratic? Flipped Learning Presentation Task: Revise for end of topic test Stretch & Challenge Task Documentary: The Making of the Constitution Make revision materials (e.g. mind map, revision cards) for the constitution topic