‘Far from being rigid, the US constitution is remarkably flexible.’ Discuss.
(30 marks)
When the United States Constitution was written, it gave the basic framework of a government but it also left room for improvement. The Constitution set up the basics of a government, including three branches of government. The Constitution is flexible and can change over time to adapt. The Amendment Process and the Elastic Clause are two of the many parts of the Constitution that make it flexible. If the Constitution wasn't flexible, changes couldn't be made, and most likely new Constitutions would have to be written if changes wanted to be made in the government.
However the US constitution is commonly described as being very rigid. This stems from the fact that it is codified – laid down in one singular sovereign document, which sets out both the powers and limitations of each distinct branch of government, for instance the fact that each year the President has the power to make the ‘State of the Union’ address, where he outlines what he wants Congress to debate and pass laws on. These enumerated powers have stayed the same ever since the Constitution was drawn up.
Furthermore, the US has a notoriously difficult amendment process. First a bill must be passed in both houses of Congress with a super-majority of two-thirds. Then it goes to the states, where three-quarters of state legislatures must approve it. Thus it is very difficult to get an amendment proposed, hence why there have only been twenty seven successful attempts to amend the US constitution in over 200 years. This is in great contrast to the manner in which the UK constitution can be changed, where only a simple vote in parliament is required. This rigidity might suggest that to an extent, US politics is still firmly rooted in the political circumstances of the late 1700s when the constitution was devised, and often struggles to adapt to some changes that occur. For instance, although the American...