The American Constitution: Democratic Or Not?

how democratic is the american constitution dahl chp 5

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. Dahl challenges readers to critically examine the origins of the American political system and its undemocratic elements, such as the federal system, bicameral legislature, and the electoral college. He argues that the constitution's legitimacy should derive solely from its utility as an instrument of democratic governance and that it should be more democratic. Dahl's work raises important questions about the American constitutional system's functionality and potential reforms needed to achieve more democratic ends.

Characteristics Values
Legitimacy The legitimacy of the American Constitution comes from its utility as an instrument of democratic governance
Framers of the Constitution The framers of the Constitution had no example of a democratic political system to model the American government on, which led to the inclusion of undemocratic elements
Undemocratic elements The Constitution initially tolerated slavery and limited suffrage to white men; it also failed to protect the voting rights of women and minorities
Electoral College The Electoral College is undemocratic due to the addition of two extra seats and the appointment of electors rather than their election by ballot
Senate The Senate, with two senators per state regardless of size, skews political power towards smaller states
Judicial review Judges can rule on the constitutionality of laws and are appointed for life, making them undemocratic
Federal system The federal system, with its bicameral legislature and presidentialism, is unusual and potentially undemocratic
Amendment process The Constitution is difficult to amend, resulting in governance based on a document that does not reflect modern values

cycivic

The legitimacy of the American Constitution

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. Dahl challenges the status of the American Constitution as a sacred text, encouraging critical thinking about the origins of the US political system and the potential for creating a more democratic society. He argues that the legitimacy of the Constitution stems solely from its utility as an instrument of democratic governance. However, due to the historical context in which it was created, the Constitution inevitably incorporated significant undemocratic elements.

Dahl identifies several undemocratic elements within the Constitution, including the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. He criticises the electoral college and the Senate, which tie votes to geography rather than population, skewing political power towards smaller states. Additionally, the founding fathers' limited models and distrust of unfettered democracy resulted in the acceptance of slavery and the exclusion of women and minorities from suffrage.

The Constitution's difficulty to amend further perpetuates these undemocratic aspects. Thomas Jefferson's sentiment that "the dead have neither powers nor rights over the living" highlights the need for a more adaptable document that reflects the values of the present rather than the past. The founding fathers were products of their time, and their worldviews and interests did not represent those of the diverse American population, particularly regarding slavery, racial equality, and women's rights.

Dahl's work underscores the importance of continually evaluating the democratic legitimacy of the Constitution and seeking opportunities for reform. He invites readers to imagine themselves in a contemporary constitutional convention, tasked with creating a more structurally democratic Constitution. This thought experiment prompts reflection on the features that would promote greater democracy and the challenges inherent in achieving significant democratic reform.

In conclusion, Dahl's analysis of the American Constitution reveals a document that falls short of democratic ideals due to historical compromises and the unique context of its creation. By questioning the Constitution's legitimacy, Dahl opens a dialogue about the possibilities for a more democratic future, urging Americans to critically engage with their political system and strive for a society that better embodies democratic principles.

cycivic

The constitution and democratic principles

In his book, *How Democratic is the American Constitution,* Robert Dahl, a Yale political science professor emeritus, critically examines the American Constitution and why it continues to be upheld despite its undemocratic elements. Dahl challenges readers to reflect on the origins of the American political system and explore avenues for a more democratic society.

Dahl's work underscores the tension between Americans' reverence for the Constitution and their commitment to democratic principles. He argues that the legitimacy of the Constitution stems solely from its effectiveness as an instrument of democratic governance. However, due to historical circumstances, the Constitution incorporates several undemocratic elements. Dahl identifies seven undemocratic elements within the US Constitution, including the acceptance of slavery and the exclusion of women and minorities from voting rights during its initial drafting.

One of Dahl's primary critiques centres on the electoral college and the Senate, which remain unchanged. Both institutions tie votes to geography rather than population, giving smaller states disproportionate political power. Additionally, Dahl highlights the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system as unique features of the American political system that may hinder democratic reform.

Dahl's theory of democracy favours nations with one-person, one-vote or majority rule systems. He believes that a truly democratic constitution should guarantee all adult citizens the right to vote and place the onus of registering voters on the government. Dahl also discusses the difficulty of amending the Constitution, noting that it is governed by a document written by a small group of slave-owning, wealthy white men whose perspectives and values differed significantly from those of the diverse American population.

In conclusion, Dahl's work invites readers to reconsider the democratic principles of the American Constitution and contemplate ways to make the political system more democratic and inclusive. His analysis prompts critical reflection on the Constitution's origins and encourages a proactive approach to shaping a more democratic future for the nation.

cycivic

One person, one vote

In his book, "How Democratic is the American Constitution", Robert Dahl, a Yale political science professor emeritus, critically examines the American Constitution and questions its legitimacy in the present day. Dahl identifies several undemocratic elements within the Constitution, challenging the belief that it is a sacred text that should be upheld without question.

One of Dahl's key criticisms is directed at the Electoral College system, which, along with the Senate, ties votes to geography rather than population. This results in a skewing of political power towards coalitions of smaller states, undermining the principle of "one person, one vote". Dahl argues that this system, along with the federal system, bicameral legislature, judicial review, and presidentialism, emerged from a unique democratic experiment but has not been copied by other well-established democracies.

Dahl highlights the absence of democratic models and the Framers' distrust of unfettered democracy, which led to the inclusion of undemocratic elements in the Constitution. Notably, the initial document accepted slavery and limited suffrage to white men, with the voting rights of women and minorities remaining unprotected for many years. Dahl's theory emphasizes the importance of “one person, one vote” or majority rule as a cornerstone of democracy, a standard against which the American Constitution falls short.

The difficulty of amending the Constitution further perpetuates these issues. Thomas Jefferson's sentiment that "the dead have neither powers nor rights" over the present day underscores the need for a more adaptable and inclusive Constitution. Dahl's work serves as a call to action, encouraging Americans to reflect on the origins of their political system and strive for a more democratic society that upholds the rights of all citizens.

In conclusion, Robert Dahl's analysis of the American Constitution reveals significant undemocratic elements, particularly in the Electoral College system, which contradict the principle of "one person, one vote". His work challenges Americans to critically examine their political system and work towards creating a more democratic and inclusive future.

cycivic

Democratic and minority rights

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. Dahl argues that the legitimacy of the American Constitution stems from its utility as an instrument of democratic governance. However, due to the historical context in which it was created, the Constitution contains significant undemocratic elements.

Dahl identifies several aspects of the American political system that are potentially undemocratic, including the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. One of Dahl's main criticisms is directed at the electoral college and the Senate, which tie votes to geography rather than population. This gives smaller states disproportionate political power. Additionally, Dahl notes that the founding fathers' lack of trust in unfettered democracy and the absence of a democratic model to follow led to the inclusion of undemocratic elements, such as the acceptance of slavery and the limitation of suffrage to white men.

Dahl's work emphasizes the need for a more democratic constitution that positively asserts the right of all adult citizens to vote and places the responsibility of registering people to vote on the government. He challenges the idea of treating the Constitution as a sacred text and encourages critical thinking about the origins of the political system. Dahl's theory defines nations with one-person, one-vote or majority rule as more democratic. He identifies seven undemocratic elements within the US Constitution, including the tolerance of slavery and the lack of protection for the voting rights of women and minorities.

The American Constitution's undemocratic nature is further evident in the difficulty of amending it. Thomas Jefferson's quote underscores this issue, highlighting that the document is governed by the long-deceased founding fathers, who did not represent the interests of all people. The system of appointing judges and their ability to rule on the constitutionality of laws, combined with their life tenure and high barriers to removal, is also inherently undemocratic. These factors contribute to the ongoing debate about the democratic character of the American Constitution.

cycivic

Judicial review powers

In his book, *How Democratic Is the American Constitution?*, Robert A. Dahl explores the tension between Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. He argues that the original Constitution contained several undemocratic elements, including the acceptance of slavery, the lack of guaranteed suffrage, and the establishment of the Electoral College.

One of the key issues that Dahl raises is the broad judicial review powers of the Supreme Court, which he believes give it too much power. The Supreme Court, as established by Article III of the Constitution, is the highest court in the land and has the power of judicial review. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, and to strike down laws that are deemed unconstitutional. While this power is intended to ensure that each branch of government recognises its limits and protect civil rights and liberties, Dahl argues that it gives the Court the ability to legislate, which should be the domain of elected officials.

Dahl contends that the Supreme Court's judicial review powers give it undeserved influence that should be left to the legislature. He believes that the Court's ability to interpret the Constitution and strike down laws can undermine the will of the people and the principles of democracy. This is particularly concerning given that the Supreme Court does not answer to the electorate and is not directly accountable to the people.

The judicial review powers of the Supreme Court have evolved over time, with various Acts of Congress altering the number of seats on the Court. While the Court initially had six justices, the number has varied from five to ten, and is currently fixed at nine justices. These justices have a significant impact on society, as their interpretations of the Constitution can shape the laws and policies that govern the country.

In conclusion, while the judicial review powers of the Supreme Court are intended to protect the Constitution and ensure that the government recognises its limits, Dahl raises important concerns about the democratic implications of these powers. By examining the evolution of the Court's powers and their impact on society, Dahl provides a critical perspective on the American Constitution and encourages citizens to rethink their understanding of it.

Frequently asked questions

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment