Malcolm Rivera
In his book, How Democratic is the American Constitution, Robert Dahl critically examines the American Constitution and the principles it embodies. Dahl challenges the notion of the Constitution as a sacred text, arguing that it contains significant undemocratic elements due to the historical context of its creation. He identifies seven undemocratic elements, including the acceptance of slavery, the lack of guaranteed suffrage, and the distortion of vote values by the Electoral College and the Senate. Dahl presents alternative systems of representation and offers solutions to strengthen American democracy. This accessible book encourages critical thinking about the origins of the American political system and explores ways to create a more democratic society.
| Characteristics | Values |
|---|---|
| Origin of the Constitution | Written by a group of 55 men, signed by 39, and adopted in 13 states |
| Democratic Elements | One person, one vote or majority rule |
| Undemocratic Elements | The federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system |
| Undemocratic Elements (cont.) | Accepted slavery, did not guarantee suffrage, and failed to protect the voting rights of women and minorities |
| Undemocratic Elements (cont.) | The Senate and the Electoral College distort the value of votes, with smaller states having disproportionate influence |
| Undemocratic Elements (cont.) | Judges can rule on the constitutionality of laws, and their life tenure and high barriers to removal make them undemocratic |
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What You'll Learn
The American Constitution's democratic legitimacy
Dahl's theory of democracy is based on the principle of "one person, one vote" or majority rule. He argues that the legitimacy of the American Constitution should derive solely from its effectiveness as an instrument of democratic governance. However, due to the historical context in which it was created, the Constitution ended up incorporating undemocratic elements. One of the key criticisms Dahl makes is the inclusion of slavery and the lack of suffrage for women and minorities, which went against the very essence of democracy.
The Constitution's compromise on slavery and representation in the Senate, as well as the creation of the Electoral College, are all seen as undemocratic elements by Dahl. The Electoral College, along with the Senate, distorts the value of votes, giving more weight to votes from smaller states. This results in a skewed representation where the interests of smaller states are prioritized over those of more populous states. Dahl also criticizes the federal system, bicameral legislature, judicial review, and presidentialism, as well as the difficulty of amending the Constitution.
Despite these criticisms, it is important to consider the historical context in which the Constitution was written. The founders were constrained by the social norms of their time and did not have the benefit of modern perspectives on equality and human dignity. They were also limited by the political realities of the thirteen colonies, which influenced the structure of the federal system. While the Constitution may have undemocratic elements, it is a product of its time and has evolved over the years to become more inclusive and democratic.
In conclusion, the American Constitution's democratic legitimacy is a complex issue. While it has been revered as a sacred text, critics like Dahl argue that it falls short of true democracy due to the presence of undemocratic elements. His work encourages a critical examination of the Constitution and highlights the potential for a more democratic society. By addressing these shortcomings and adapting to modern democratic ideals, the American political system can strive to create a more inclusive and representative democracy.
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The Constitution's undemocratic elements
In his book, *How Democratic Is the American Constitution?*, Robert Dahl explores the tension between Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. He identifies several undemocratic elements within the US Constitution, challenging the status of the document as sacred and encouraging critical thinking about the opportunities for creating a more democratic society. Here are some of the Constitution's undemocratic elements outlined by Dahl:
- Slavery and Limitations on Suffrage: The initial Constitution tolerated slavery and failed to guarantee the right to suffrage, effectively limiting voting rights to white men. It took the American Civil War and subsequent amendments to abolish slavery and extend voting rights to all citizens, regardless of race and gender.
- The Electoral College System: Both the Senate and the Electoral College have been criticized for distorting the value of votes. Each state has two senators, which gives smaller states disproportionate influence. The Electoral College system further skews political power towards smaller states, as it ties votes to geography rather than population.
- Insulation of the President: The Electoral College system also contributes to insulating the President from the popular majority, as it allows for the possibility of a candidate winning the presidency without securing the most votes.
- Selection of Senators: Originally, senators were chosen by state legislatures, and it was not until the Seventeenth Amendment that direct election of senators was introduced.
- Judicial Review and Judicial Appointments: The power of judicial review allows judges to rule on the constitutionality of laws and decrees. Combined with life tenure and high barriers to removal, this power can limit Congressional authority and make the judicial branch inherently undemocratic.
- Difficult Amendment Process: Thomas Jefferson wrote, "The earth belongs... to the living... the dead have neither powers nor rights over it." Yet, the Constitution is challenging to amend, resulting in a document that reflects the interests of its authors, who were primarily wealthy, slave-owning, white men.
These elements, among others, contribute to the ongoing debate about the democratic nature of the American Constitution and the potential need for reform to achieve more democratic ideals.
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The Constitution's authors
In his book, *How Democratic is the American Constitution*?, Robert Dahl critically examines the origins of the American political system and the Constitution. He highlights that the Framers of the Constitution had no examples of a democratic political system to model the American government on. This resulted in several undemocratic elements being incorporated into the Constitution due to short-sightedness or last-minute compromises.
Dahl identifies the following as the authors of the Constitution: a group of fifty-five men, of whom only thirty-nine signed the document, and it was adopted in only thirteen states. These men were all white, and their worldview was shaped by the social norms of their time. They did not represent the interests of the diverse population in America, including slaves, free Blacks, Native Americans, and women.
The Framers of the Constitution had to navigate certain constraints, including the existence of the thirteen colonies, which meant that a federal system was necessary. Additionally, they had to make compromises on issues like slavery and representation in the Senate. Dahl identifies seven undemocratic elements in the initial Constitution:
- It allowed slavery and failed to protect the rights of minorities and women.
- It did not guarantee the right of suffrage, effectively limiting voting rights to white men.
- It established the Electoral College, which insulated the President from the popular majority.
- Senators were chosen by state legislatures, giving smaller states disproportionate influence.
- The federal system, bicameral legislature, and judicial review gave rise to undemocratic practices.
- Presidentialism and the electoral college system distorted the value of votes, with votes from less populous states carrying more weight.
- The Constitution is difficult to amend, perpetuating these undemocratic elements.
Dahl's work challenges Americans to reflect on the shortcomings of their Constitution and consider ways to create a more democratic society.
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The Constitution's shortcomings
In his book, *How Democratic Is the American Constitution?*, Robert Dahl identifies several shortcomings of the US Constitution that limit its democratic nature. Here is a detailed overview of these shortcomings:
Inadequate Models and Compromises: Dahl argues that the Framers of the Constitution lacked adequate democratic models to guide them. As a result, they relied on short-sightedness and last-minute compromises, incorporating undemocratic elements into the Constitution.
Tolerance of Slavery and Lack of Suffrage: The initial Constitution tolerated slavery due to the Three-Fifths Compromise, and it failed to guarantee the right to vote for all citizens. It took the American Civil War and subsequent amendments to abolish slavery and expand suffrage to include women and minorities.
Electoral College and Insulation of the President: The Electoral College system distorts the value of votes, with smaller states having disproportionate influence. It also allows the President to be insulated from the popular majority, undermining the principle of majority rule.
Senate Representation: The Constitution originally provided for Senators to be chosen by state legislatures, giving smaller states increased representation. This, along with the fact that each state has two senators regardless of size, skews political power towards smaller states.
Judicial Review and Life Tenure: Dahl criticizes the power of judges to rule on the constitutionality of laws, arguing that it undermines Congressional power. He also highlights the undemocratic nature of life tenure for judges and the high barriers to their removal.
Difficulty of Amendment: Dahl and other commentators note that the Constitution is remarkably difficult to amend. As a result, the United States is still governed by a document written by a small group of slave-owning, wealthy white men whose perspectives and interests may not align with those of the diverse American population today.
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Creating a more democratic society
In his book, *How Democratic Is the American Constitution?*, Robert Dahl explores the tension between Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. He challenges readers to think critically about the origins of the American political system and to consider how a more democratic society could be created.
Dahl identifies several undemocratic elements within the US Constitution, including:
- Slavery: The Constitution initially tolerated slavery as a result of the Three-Fifths Compromise, and it was not abolished until the American Civil War.
- Limited suffrage: The right to vote was effectively limited to white men, excluding women and minorities.
- The Electoral College: This institution distorts the value of votes, with votes from less populous states carrying more weight than those from more populous states.
- The Senate: Each state has two senators, giving smaller states disproportionate representation.
- Judicial review: Judges can rule on the constitutionality of laws and are appointed for life, making them inherently undemocratic.
- Federalism: The existence of the thirteen colonies made a federal system a requirement, limiting the potential for a unitary republic.
- Compromises: The framers of the Constitution had to make compromises on issues like slavery and representation, which limited the democratic nature of the document.
Dahl acknowledges that the founders of the Constitution were constrained by the social norms of their time and did not have the benefit of modern knowledge or values. However, he argues that the Constitution, as it stands, falls short of being a truly democratic instrument.
To create a more democratic society, Dahl suggests that the Constitution should be amended to address these undemocratic elements. He discusses alternative systems of representation and presents viable solutions to strengthen American democracy. While his specific arguments are limited in depth, Dahl's work provides an accessible and critical perspective on the American political system, encouraging readers to question the status quo and consider ways to improve democratic governance.
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Frequently asked questions
Dahl argues that the American Constitution is not as democratic as popular opinion claims and contains several undemocratic elements. He challenges the idea of the Constitution as a sacred text and encourages critical thinking about the origins of the American political system.
Dahl identifies seven undemocratic elements in the original Constitution, including the acceptance of slavery, the lack of guaranteed suffrage, the Electoral College, and the insulation of the President from a popular majority. He also criticises the Senate, which ties votes to geography rather than population, distorting the value of votes.
Dahl acknowledges that the founding fathers had limited models for a democratic political system and were constrained by the social norms of their time. However, he highlights their shared characteristics, such as their gender and race, and how these influenced their representation of interests in the Constitution.
Dahl discusses alternative systems of representation and presents viable solutions. He advocates for a more democratic society and encourages critical thinking about ways to create a more democratic constitution.
