Joshua Watson UD3

The US constitution is out-of-date and needs to be reformed. Discuss (45

marks)
The US constitution was ratified in 1789, with the first ten amendments (the Bill of Rights)
being added onto the constitution in 1791. There have been a further 17 amendments to the
constitution since then, bringing the total to 27 amendments since the original signatures of
the constitution. There have been many calls to reform the constitution since then, as many
politicians think that it is out of date, and unfit for purpose, whilst many others believe that
major reform is not needed, as the constitution is, in their opinion, still fit for purpose. I
believe that the constitution does not need a major reformation, instead needing a few newer
amendments, but it is possible for the constitution to remain in a form similar to its current
one.
One part of the constitution which is still very effective is the system of checks and balances,
which the constitution has laid out in order to prevent any one branch of government from
becoming too powerful. For example, Supreme Court judges can be impeached by
Congress, (such as Thomas Porteous, who was impeached for perjury and corruption) and
Congress (with the approval of the states, which is a further check on the power of
Congress) can pass constitutional amendments which override Supreme Court judges.
Another example is the presidential veto, which the President can use in order to block
Congressional bills from becoming laws. An example of a presidential veto is the veto of the
Interstate Recognition of Notarizations Act of 2010, which was a check on the power of the
legislature by the executive. Conversely, a check on the executive in this situation is the fact
that the presidential veto can be overturned by a 2/3rds majority in both chambers of
Congress, such as in the case of Congress overturning the presidential veto on the 2007
Farm Bill. This acts as a check on the power of the president as it prevents them from just
flat out stopping every bill that Congress tries to pass; however, the fact that the veto exists
acts as a check on Congress as it prevents them from passing ridiculous bills through into
law. The whole system of checks and balances in the constitution is very effective, and
proves that the constitution does not need to be reformed.
However, there are powers (which are laid out in the constitution) which can affect the
integrity of the system of checks and balances. One of these powers, known as signing
statements, allows the President to influence the way in which laws might be
enacted/enforced once they have been put through by Congress. The President makes
these signing statements when he goes to sign the bill, and they can effectively allow the
President to legislate, as they are his interpretation of the law. They are similar to executive
orders, which are issued by the President and have the full force of the law, meaning that
they must be executed by federal agents as if they were laws passed through Congress.
Executive orders, such as Executive Order 10988
BUSH V GORE
WADE v ROE
OBAMA VETOES
OVERTURNED VETOES
POCKET VETOES
EXECUTIVE ORDERS
LAST SUPREME COURT IMPEACHMENT