Omar Bennett
In his book, *How Democratic is the American Constitution?*, Robert A. Dahl, a Sterling Professor Emeritus of Yale University, challenges the widely held belief that the American Constitution is a beacon of global democracy. Dahl identifies several undemocratic elements in the Constitution, including its acceptance of slavery and limitation of suffrage to white men. He criticizes the Electoral College and the Senate for distorting the value of votes and skewing political power towards smaller states. Dahl also discusses the lack of limits on the judiciary's power to declare laws unconstitutional and the constrained powers of Congress in regulating the economy. While he acknowledges the circumstances that constrained the Framers, Dahl encourages critical thinking about the origins of the American political system and explores alternatives for a more democratic society.
| Characteristics | Values |
|---|---|
| Equality of representation | Distortion of vote value, with votes in Wyoming worth four times that of votes in California |
| Senate | Undemocratic as smaller states have increased prominence |
| Electoral College | Votes tied to geography rather than population |
| Slavery | Accepted |
| Suffrage | Limited to white men |
| Bicameral legislature | Established |
| Judiciary | No limits on its power to declare laws unconstitutional |
| Congress | Constrained in regulating the economy |
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What You'll Learn
The American Constitution was never intended to be democratic
In his book, *How Democratic Is the American Constitution?*, Robert A. Dahl, a Sterling Professor Emeritus of Yale University, challenges the notion that the American Constitution is a democratic document. He argues that the Constitution was never intended to be a democratic set of rules and, in fact, contains several undemocratic elements.
Firstly, Dahl highlights the issue of slavery, which was tolerated and accepted under the Constitution. This alone contradicts the principle of equality and freedom, which are fundamental to democracy. Furthermore, the Constitution failed to guarantee the right of suffrage, effectively limiting voting rights to white men. This exclusionary approach to suffrage undermines the democratic ideal of universal political participation.
Secondly, Dahl criticizes the Electoral College and the Senate, which tie votes to geography rather than population. This results in votes from less populous states carrying more weight than those from more populous states, distorting the principle of one person, one vote. Additionally, the President, who is both the head of state and the leader of the government, is elected by the Electoral College rather than by a popular vote, further insulating them from the will of the majority.
Dahl also discusses the establishment of a bicameral legislature, with senators chosen by state legislatures rather than directly elected. This creates unequal representation in the Senate, as each state has two senators regardless of its population size. This undemocratic representation gives smaller states disproportionate influence in the legislative process.
Moreover, Dahl points out the absence of checks and balances in the judiciary. The judiciary has the power to declare laws unconstitutional without any limits, and judges enjoy life tenure and high barriers to removal. This concentration of power in the hands of unelected judges undermines democratic principles of accountability and representation.
In conclusion, Robert A. Dahl's analysis of the American Constitution reveals that it was never intended to be a purely democratic document. While the Constitution has undoubtedly been a significant and influential text in American history, its creation involved significant compromises that contradicted democratic ideals. These undemocratic elements, such as the acceptance of slavery, limited suffrage, the Electoral College, the Senate representation, and the judiciary's powers, demonstrate that the Constitution fell short of establishing a fully democratic system.
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The Constitution's tolerance of slavery
The American Constitution is often regarded as a beacon of democracy, but political scientist Robert A. Dahl argues that it is not as democratic as popular opinion claims. One of the shortcomings of the Constitution, according to Dahl, is its tolerance of slavery.
The Constitution did not contain the words "slave" or "slavery" within its text, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. For example, it prohibited federal interference with the international slave trade for at least 20 years (Article I, Section 9) and required states to return fugitive slaves (Article IV, Section 2). These measures ensured that slavery remained a national issue, embedding it deeper into the fabric of American governance.
The Three-Fifths Clause, which counted three-fifths of a state's slave population in apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This clause has been described as one of the "bricks and mortar of the pro-slavery Constitution". Additionally, the Fugitive Slave Clause, which required the return of runaway slaves to their owners, was also a pro-slavery provision.
While some members of the Constitutional Convention voiced objections to slavery, they ultimately consented to a document that laid the foundation for the tragic events that followed. Many of the framers harbored moral qualms about slavery, and some became members of anti-slavery societies. However, the controversy over the Atlantic slave trade was ultimately settled by compromise, with southern delegates agreeing to a 20-year ban on any restrictions on the trade in exchange for certain concessions.
The question of whether the Constitution was pro-slavery or anti-slavery is still debated. Some argue that the Constitution's grant of power to Congress to make 'all needful rules and regulations' for the territories authorized the federal government to ban slavery from the territories. Additionally, the principle of fundamental human equality and the Fifth Amendment's declaration that 'no person' could be deprived of life, liberty, or property without due process of law are cited as evidence of the Constitution's anti-slavery sentiment.
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The Electoral College and the insulation of the President from popular majority
In his book, *How Democratic Is the American Constitution?*, Robert A. Dahl, a Sterling Professor Emeritus of Yale University, argues that the American Constitution is not as democratic as popular opinion claims. Dahl identifies seven undemocratic elements in the Constitution, one of which is the creation of the Electoral College, which insulates the President from the popular majority.
The Electoral College is a body of 538 electors who are responsible for electing the President and Vice President of the United States. Instead of a direct nationwide popular vote, the Electoral College process allows state legislatures to appoint electors, who then choose the President. This system was established as a compromise between those who favoured a popular vote and those who preferred a vote in Congress.
Each state is allocated a number of electors equal to the number of senators and representatives it has in Congress. In most states, electors are required to vote for the candidate chosen by their state's popular vote. However, this is not a constitutional requirement, and some electors may choose to vote against their pledged candidate, known as "faithless electors". While rare, faithless electors can impact the outcome of the election, as was seen in 2016 when several electors voted against their pledged candidate, resulting in a discrepancy between the Electoral College vote and the popular vote.
The Electoral College has been criticised for distorting the value of votes, giving smaller states disproportionate influence in the election outcome. This is because each state is allocated electors regardless of population size, resulting in votes from less populous states carrying more weight than those from more populous states. For example, votes from Wyoming are worth approximately four times more than votes from California. This skews political power towards coalitions of smaller states and insulates the President from the popular majority.
The insulation of the President from the popular majority has been evident in several presidential elections. On five occasions, including in 2000 and 2016, candidates have won the Electoral College and the presidency despite losing the nationwide popular vote. This has spurred debate about the democratic legitimacy of the Electoral College, with a majority of Americans favouring a transition to a popular vote system. However, implementing such a change would require addressing concerns about the efficiency of a nationwide popular vote system and the potential for increased human error and challenges with recounts.
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The Senate's unequal representation
In his book, *How Democratic Is the American Constitution?*, Robert A. Dahl, a Sterling Professor Emeritus of Yale University, challenges the popular perception of the American Constitution as a beacon of democracy. Dahl identifies several undemocratic elements in the Constitution, one of which is the unequal representation in the Senate.
Each state has two senators regardless of its population size. This results in votes from smaller states like Wyoming carrying more weight than those from larger states like California. Dahl argues that this arrangement skews political power towards coalitions of smaller states, giving them disproportionate influence in the Senate.
The Senate's structure reflects the historical context in which the Constitution was drafted. The Framers of the Constitution were constrained by the need to compromise between different interests and ideals. They were also operating without a clear model for a democratic republic, which had not yet been established as a form of government.
Dahl's critique of the Senate's unequal representation is part of a broader argument that the American Constitution falls short of democratic ideals. He identifies six other undemocratic features: the tolerance of slavery, the failure to guarantee universal suffrage, the creation of the Electoral College, the insulation of the President from popular majorities, the establishment of a bicameral legislature, and the judiciary's unchecked power to declare laws unconstitutional.
Dahl's work invites readers to critically examine the American political system and consider ways to make it more democratic. His analysis highlights the complexities and challenges inherent in constitutional design, particularly in balancing representation and power across diverse states.
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The judiciary's unchecked power
The American Constitution, as outlined by Dahl, has been criticised for its lack of democratic principles, particularly in relation to slavery and the unchecked power of the judiciary. The judiciary, especially the Supreme Court, has played a significant role in interpreting the Constitution and shaping American democracy. However, this power has often been exercised without sufficient democratic accountability.
The judicial branch of the US government is designed to be independent and impartial, with the power to review the constitutionality of laws and actions of the other branches. The Supreme Court, as the highest court in the land, has the final say on interpreting the Constitution, and its decisions can shape public policy and impact the lives of all Americans.
While judicial independence is crucial to ensuring fair and impartial decision-making, the lack of accountability mechanisms for the judiciary has led to concerns about its unchecked power. The power of judicial review allows courts to strike down laws passed by democratically elected legislatures, effectively overriding the will of the people.
The Supreme Court's interpretation of the Constitution has often been controversial, with decisions that have upheld discriminatory policies and practices. For reform efforts to address these concerns, they must carefully consider the complex interplay between democratic principles and judicial independence.
The impact of the judiciary's power is far-reaching and extends beyond the courtroom. The courts' interpretations of the Constitution shape public policy, influence social norms, and define the boundaries of individual rights and freedoms. The judiciary's decisions can impact how other branches of government operate and affect the lives of all Americans. Thus, the discussion of the judiciary's unchecked power is closely tied to the broader debate about democratic ideals and the founding principles of the nation.
Appointments to the judiciary, particularly to the Supreme Court, have also drawn scrutiny. The process of appointing judges, with lifetime tenure, can insulate them from democratic influence and public opinion. Reform proposals have included term limits for judges and modifications to the appointment process to increase transparency and diversity. Balancing democratic input with judicial independence is a delicate task, and any reforms must carefully consider the potential implications for the impartiality of the judiciary.
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