Omar Bennett
The American Constitution is a revered document, embodying democratic principles and ideals. However, its democratic nature has been questioned, with critics highlighting undemocratic elements within it. The Constitution's unique design, influenced by the historical context of its creation, has resulted in a political system with features like the federal system, bicameral legislature, and the Electoral College, which have been challenged for their democratic legitimacy. The election of presidents by the Electoral College, the composition of the Senate, and the lifetime appointment of Supreme Court justices are among the aspects that have sparked debates about the level of democracy in the American constitutional system. These discussions often revolve around the question of how well the Constitution serves the diverse interests of the American people and whether it requires reform to achieve more democratic outcomes.
| Characteristics | Values |
|---|---|
| Electoral College System | The American president is not elected by the people but by the Electoral College. |
| Senate | Each state is allotted two senators, regardless of the state's population. Justices who sit on the Supreme Court are nominated by the president and approved by the Senate. |
| Checks and Balances | The constitution's design of a national government with three distinct, coequal branches prevents control from falling into "one person's hands". |
| Federal System | The federal system is one of the most unusual and potentially anti-democratic elements of the American political system. |
| Founders | The constitution was written by men who were white and did not represent the interests of slaves, free Blacks, Native Americans, or other people not white. |
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What You'll Learn
The undemocratic Senate
The U.S. Senate has long been criticised for its undemocratic nature, which disadvantages the Democratic Party. The Senate's undemocratic structure is enshrined in the Constitution, which grants each state two senators regardless of its population. This empowers voters in smaller, rural, and predominantly white states, while diminishing the influence of larger, more populous, and diverse states. This disparity is further exacerbated by the filibuster, where a minority of senators can block legislation supported by the majority.
The Senate's malapportionment becomes evident when comparing states like Wyoming and California. Wyoming, with a significantly smaller population, is granted the same number of senators as California, resulting in an unequal representation that favours smaller states. This imbalance has led to proposals for breaking up large states or expanding the Senate to include more representatives based on population.
The undemocratic nature of the Senate is further compounded by the fact that senators hold their seats for life, allowing them to influence policy long after they may have fallen out of touch with the American people. Additionally, the Senate plays a crucial role in confirming Supreme Court justices, who are nominated by the president and hold their positions for life. This process raises concerns about the representation of the majority's interests and the legitimacy of the Supreme Court.
The historical context of the Constitution's drafting partially explains the Senate's undemocratic characteristics. During the founding era, smaller states feared domination by larger states under a powerful national government. The Senate was a compromise to reassure smaller states and convince them to join the union. However, this compromise has resulted in an institutionalised advantage for less populous states, perpetuating an undemocratic representation in the Senate.
While some have suggested adding new states like D.C. and Puerto Rico to the Senate or implementing term limits for senators, others argue for more radical solutions, such as abolishing the Senate altogether or breaking up large states to address the apportionment issue. These proposals reflect a growing recognition of the Senate's undemocratic nature and the need for reform to ensure fair representation and a functioning democracy.
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The Electoral College
The American President is not elected by popular vote. Instead, they are chosen by the Electoral College, a process established by the Founding Fathers in the Constitution. The Electoral College consists of 538 electors, with each state having the same number of electors as it does members of Congress (one for each member of the House of Representatives plus two senators). Washington, D.C. is allocated three electors, bringing the total to 538.
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The Supreme Court
The Court's most well-known power is judicial review, which allows it to declare acts of Congress or the Executive unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand. The Court's ability to engage in judicial review helps ensure that each branch of government respects its limits and protects civil rights and liberties by striking down unconstitutional laws.
However, some critics argue that the Supreme Court lacks democratic accountability. Justices are nominated by the President and approved by the Senate, but they hold their seats for life, which can lead to a disconnect with the lives of ordinary Americans. The Court has also been accused of implementing conservative ideology through its rulings, favouring certain interests and empowering corporations.
In conclusion, while the Supreme Court plays an essential role in safeguarding democratic values and civil liberties, questions have been raised about its democratic legitimacy and the potential for justices to shape policy through their rulings.
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The President
The American Constitution established a Federal democratic republic, with the purpose of the Federal Government being to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." The Founding Fathers established three main principles: inherent rights, or rights that anyone living in America has; a stronger federal government; and federalism.
However, the Constitution has been criticised for its undemocratic aspects, including the election of the President. The President is not elected by the people but by the Electoral College, a group of electors that are not swayed by popular opinion. This has resulted in instances where the President has been elected despite not receiving the majority of votes, such as in the cases of George W. Bush and Donald Trump.
The Constitution also does not guarantee any right to suffrage, instead leaving this up to individual states. Each state is allotted two senators, regardless of its population, which empowers voters in smaller, rural states and diminishes the influence of those in larger, more populous states.
The process of amending the Constitution is also difficult, with only 27 amendments ratified since 1789. This has led to criticism that the Constitution is not responsive to the changing needs of the American people.
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The Constitution's democratic principles
The US Constitution is a revered document, embodying democratic principles that have been fundamental to American democracy for over two centuries. However, critics have argued that it contains undemocratic elements, and that the country has fallen behind other nations on issues like economic equality, racial integration, and women's rights.
Another democratic principle is federalism, which divides power between the national government and state governments. This is intended to protect states' rights and prevent the national government from becoming too powerful. However, this has also been criticised as undemocratic, as each state is allotted two senators regardless of its population, giving smaller, less populous states more influence in the Senate.
The Constitution also establishes an electoral college system for electing the president. While this was designed to ensure that all states have a say in the election, it has resulted in presidents being elected without winning the popular vote, as seen in the cases of George W. Bush in 2001 and Donald Trump in 2017.
The Constitution's framers were also influenced by their worldview, which did not include the interests of women, slaves, free Blacks, Native Americans, or other non-White individuals. This has led to criticisms that the Constitution is a document primarily serving the interests of White men, and that it has contributed to systemic inequalities.
Despite these criticisms, the US Constitution remains a highly influential document, and Americans continue to grapple with its interpretation and application in the modern context.
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Frequently asked questions
The American Constitution has been criticised for its undemocratic elements, including the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The Constitution was written by a group of White men, and as a result, it does not represent the interests of women, slaves, free Blacks, Native Americans, or other people not White.
The American president is not elected by the people but by the Electoral College. This means that the popular vote does not always determine who becomes president, as seen in the cases of George W. Bush in 2001 and Donald Trump in 2017, who became president despite receiving fewer votes than their opponents.
The Senate is the upper house of the bicameral legislature and each state is allotted two senators regardless of its population. This gives more power to voters in smaller, rural, and predominantly White states and has been criticised as undemocratic. The Senate also approves Supreme Court justices, who hold their seats for life.
The principle of "checks and balances" is rooted in the Constitution's design of a national government with three distinct, coequal branches: the executive, legislative, and judicial. This system aims to prevent control from falling into the hands of a single person or group and protect against concentrated authority.
While the American Constitution is venerated by many Americans, scholars such as Robert Dahl have challenged its status as a sacred text and highlighted its undemocratic elements. Dahl argues that the Constitution's legitimacy should be based solely on its utility as an instrument of democratic governance and encourages critical examination to create a more democratic society.
