Malcolm Rivera
The Constitution provides for a republican democracy, or a government of, by, and for the people. Constitutional democracy is the antithesis of arbitrary rule, and is characterised by popular sovereignty, majority rule and minority rights, limited government, and institutional and procedural limitations on powers. It promotes distributive, corrective and procedural justice, and recognises and protects the integrity of a private and social realm. However, while several constitutional amendments prohibit specific forms of denial of the vote, the Constitution contains no affirmative right to vote.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The people are the ultimate source of the authority of the government, which derives its right to govern from their consent |
| Majority rule and minority rights | The votes of the majority decide the winners of the election, but the fundamental rights of individuals in the minority are protected |
| Limited government | The powers of the government are limited by law and a written or unwritten constitution which those in power obey |
| Institutional and procedural limitations on powers | There are certain institutional and procedural devices which limit the powers of government, such as separated and shared powers |
| Justice | The fair distribution of the benefits and burdens of society, fair and proper responses to wrongs and injuries, and the use of fair procedures in the gathering of information and the making of decisions by all agencies of government |
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What You'll Learn
Popular sovereignty
The Constitution provides for a republican democracy, or a government of, by, and for the people. This is also known as popular sovereignty, where the people are the ultimate source of the authority of the government, which derives its right to govern from their consent.
In a constitutional democracy, the powers of the government are limited by law and a written or unwritten constitution which those in power obey. This is the antithesis of arbitrary rule. The people elect their representatives in government according to the Constitution and the laws made under it. The votes of the majority decide the winners of the election, but the rights of the minority are constitutionally protected so that they can freely criticise the majority and attempt to replace their representatives in the next election.
Constitutional democracies recognise and protect the integrity of a private and social realm comprised of family, personal, religious, and other associations and activities. This space of uncoerced human association is the basis of a civil society free from unfair and unreasonable intrusions by government.
However, the Constitution contains no affirmative right to vote, which has led courts to uphold many restrictions on voting, such as the photo ID requirement upheld in Crawford v. Marion County Election Board, or state bans on voting by people who have completed their sentences for certain convictions.
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Majority rule and minority rights
Constitutional democracy is the antithesis of arbitrary rule. It is characterised by popular sovereignty, where the people are the ultimate source of the government's authority, which derives its right to govern from their consent. The majority rules, but the fundamental rights of individuals in the minority are protected. This is the case in the United States, where representative democracy is constitutional because it is both limited and empowered by the supreme law, the Constitution, for the ultimate purpose of protecting equally the rights of all the people. The votes of the majority decide the winners of the election, but the rights of the minority are constitutionally protected so that they can freely criticise the majority and attempt to replace their representatives in the next election.
The Constitution provides for a republican democracy — government of, by, and for the people. This means all the people, not just people of a certain racial background and gender and not just the wealthy few. However, the Constitution contains no affirmative right to vote, which has led courts to uphold many restrictions on voting, such as the photo ID requirement upheld in Crawford v. Marion County Election Board, or state bans on voting by people who have completed their sentences for certain convictions.
Constitutional democracies recognise and protect the integrity of a private and social realm comprised of family, personal, religious, and other associations and activities. This space of uncoerced human association is the basis of a civil society free from unfair and unreasonable intrusions by government. A constitutional democracy promotes distributive justice, the fair distribution of the benefits and burdens of society; corrective justice, fair and proper responses to wrongs and injuries; and procedural justice, the use of fair procedures in the gathering of information and the making of decisions by all agencies of government and, most particularly, by law enforcement agencies and the courts.
The powers of government are limited by law and a written or unwritten constitution which those in power obey. There are also certain institutional and procedural devices which limit the powers of government, such as separated and shared powers.
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Limited government
The US Constitution provides for a republican democracy, or a government of, by, and for the people. The Constitution is the supreme law that limits and empowers the government, and it is the ultimate purpose of protecting equally the rights of all the people. The powers of the government are limited by law and a written or unwritten constitution which those in power obey. The Constitution also protects the integrity of a private and social realm comprised of family, personal, religious, and other associations and activities. This space of uncoerced human association is the basis of a civil society free from unfair and unreasonable intrusions by government.
Constitutional democracy is the antithesis of arbitrary rule. It is characterised by popular sovereignty, where the people are the ultimate source of the authority of the government, which derives its right to govern from their consent. The votes of the majority decide the winners of the election, but the rights of the minority are constitutionally protected so that they can freely criticise the majority and attempt to replace their representatives in the next election.
The Constitution also promotes distributive justice, or the fair distribution of the benefits and burdens of society. It also promotes corrective justice, or fair and proper responses to wrongs and injuries, and procedural justice, or the use of fair procedures in the gathering of information and the making of decisions by all agencies of government and, most particularly, by law enforcement agencies and the courts.
While several constitutional amendments prohibit specific forms of denial of the vote (for example, based on age, or nonpayment of a poll tax), the Constitution contains no affirmative right to vote. That has led courts to uphold many restrictions on voting, such as the photo ID requirement upheld in Crawford v. Marion County Election Board, or state bans on voting by people who have completed their sentences for certain convictions.
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Procedural justice
In a constitutional democracy, the people are the ultimate source of the government's authority, and their consent is what gives the government the right to govern. This is known as popular sovereignty. The votes of the majority decide election winners, but the rights of the minority are also protected so that they can freely criticise the majority and attempt to replace their representatives in the next election.
Constitutional democracy also recognises and protects the integrity of a private and social realm, which includes family, personal, religious, and other associations and activities. This space of uncoerced human association is the basis of a civil society free from unfair and unreasonable government intrusions.
The Constitution provides for a republican democracy, or a government of, by, and for the people. While the Constitution has been amended to ensure that "all the people" are included, regardless of race, gender, or wealth, there are still threats to this principle, such as Supreme Court decisions that allow corporate money in elections and rulings that trample on voting rights.
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Voting rights
The Constitution provides for a republican democracy, or a government of, by, and for the people. Constitutional democracy is the antithesis of arbitrary rule. It is democracy characterised by popular sovereignty, majority rule and minority rights, limited government, and institutional and procedural limitations on powers.
The votes of the majority decide the winners of the election, but the rights of the minority are also protected so that they can freely criticise the majority and attempt to replace their representatives in the next election. This ensures that there is a lawful and orderly transition of power from one group of leaders to another.
Despite these protections, the Supreme Court's decision in Citizens United v. FEC in 2010 swept away a century of precedent that barred corporate money in elections, allowing corporations to spend limitless sums of money to influence election outcomes. This, along with an antiquated electoral system, threatens the fundamental principle of a government of, by, and for the people.
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Frequently asked questions
A constitutional democracy is the antithesis of arbitrary rule. It is a democracy characterised by popular sovereignty, majority rule and minority rights, limited government, and institutional and procedural limitations on powers.
The constitution protects democracy by limiting the powers of government and ensuring that those in power obey the law. It also protects the integrity of a private and social realm, comprised of family, personal, religious, and other associations and activities.
A representative democracy is constitutional because it is limited and empowered by the supreme law, the Constitution, for the ultimate purpose of protecting equally the rights of all the people.
A republican democracy is a government of, by, and for the people.
