Isabella Carter
The American Constitution, as originally written, has been described as undemocratic by some scholars. The document, which established a federal democratic republic, has been criticized for its failure to address suffrage for women, African Americans, and other minorities, as well as its lack of a ban on slavery. The original Constitution also did not articulate an affirmative right to vote for anyone, leaving voting privileges to the states, which initially granted them to a minority of property-owning white men. The Constitution's establishment of a federal system, bicameral legislature, judicial review, presidentialism, and the electoral college system have also been identified as potentially undemocratic elements. Despite these criticisms, the Constitution has been amended over time to address issues of freedom and suffrage, and it continues to be seen as a sacred document by many Americans, making significant changes unlikely.
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What You'll Learn
The original Constitution's lack of an articulated right to vote
The original American Constitution did not articulate a positive right to vote for anyone. Instead, it left the privilege of granting voting rights to the states. Initially, only a minority of property-owning white men could vote. The right to vote has since been extended to people of colour, women, and people over the age of eighteen through constitutional amendments. However, as Garrett Epps noted, American courts still view voting as a privilege rather than a right.
The absence of an articulated right to vote in the original Constitution is a significant democratic flaw. It is one of several undemocratic elements in the document, including the failure to ban slavery or grant Congress the power to do so. The Constitution's structure, with its bicameral representation and electoral college system, has also been criticised as undemocratic, as it reduces the likelihood of legislation being passed when different parties control different chambers of Congress and distances the President from the popular majority.
The Framers of the Constitution operated within certain limits, such as the existence of only thirteen states and the desire to avoid a monarchy or a government based on hierarchy. They also had to address issues like slavery and representation in the Senate. While the Constitution established a federal democratic republic, with the government's power derived from the people, the lack of an explicit right to vote for all citizens highlights an undemocratic aspect of the original document.
The definition of "democracy" has evolved since the Constitution was written, and the American understanding of the term has changed. The original Constitution, while considered a democratic document for its time, may not meet contemporary standards of democracy. The social norms and worldviews of the Founding Fathers influenced the content of the Constitution, and they did not represent the interests of the majority of White men who lacked the property qualifications to vote or hold office.
In conclusion, the absence of an articulated right to vote in the original American Constitution is a significant democratic shortcoming. While the document established a democratic republic, the failure to guarantee suffrage for all citizens and the existence of undemocratic structural elements highlight the limitations of the Constitution's democracy. Amendments have expanded voting rights, but the original document's lack of an explicit right to vote remains a notable flaw.
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The undemocratic nature of the electoral college
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". However, the original Constitution never articulated an affirmative right to vote to anyone, instead leaving voting privileges to the states, which initially granted them to a minority of property-owning white men.
The Electoral College is a unique American political institution, with no other democracy adopting this method for choosing its leader. The College comprises 538 electors, chosen at the state level, with each state receiving one elector for each of its Senators and one for each member of the House of Representatives. This has resulted in several undemocratic outcomes, including the winner of the popular vote losing the election, as in the 2016 election where Donald Trump lost the popular vote to Hillary Clinton by 2.8 million votes but won the Electoral College and the presidency.
The College also undermines democracy by discouraging voter participation due to its winner-take-all nature. This system can also result in spoilers, where independent or third-party candidates take votes away from one major party, allowing the other party's candidate to win. For example, in 2000, Ralph Nader took 1.64% of the votes in Florida, with studies showing that most of these voters would have voted for Al Gore if Nader was not in the race, allowing Bush to win the state and the presidency, despite Gore receiving more votes overall in Florida.
The Electoral College also gives too much power to swing states, allowing a handful of states to decide the election, and it is rooted in slavery and racism, with the Founding Fathers intending to protect the interests of slave owners and states with legal slavery.
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The definition of 'democracy' and how it has changed
Democracy is derived from the Greek word "dēmokratiā", which means "rule by the people". The original understanding of democracy was direct democracy, where citizens directly voted on policies and laws.
The American Constitution established a Federal democratic republic, a form of representative democracy. In this system, the people govern themselves, and the government's power is derived from its people. The Founding Fathers established three main principles: inherent rights, popular sovereignty, and popular control.
However, the original American Constitution had several undemocratic elements. It did not guarantee a right to vote and left voting privileges to the states, which initially granted them to a minority of property-owning white men. It also did not ban slavery nor give Congress the power to do so. Amendments have since extended the right to vote to people of colour, women, and those over eighteen.
The definition of democracy has evolved, and the American understanding of democracy is no longer static but seen as ever-changing and improving. The modern context has highlighted undemocratic elements of the original Constitution, such as the electoral college, which distances the President from the popular majority and disenfranchises voters.
While the American Constitution has been criticised for its undemocratic nature, it has also been defended as a flexible document that can be amended and has served as a foundation for democratic values and rights protection.
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The legitimacy of the Constitution and its role as the foundation of Democracy
The legitimacy of the US Constitution and its role as the foundation of democracy have been the subject of much debate and analysis. The Constitution, as originally written, established a federal democratic republic, with the purpose of the federal government outlined in the Preamble, which includes establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing liberty.
However, the original Constitution had several undemocratic elements. For instance, it did not articulate an affirmative right to vote for anyone, leaving voting privileges to the states, which initially granted them to a minority of property-owning white men. The Constitution also did not ban slavery nor give Congress the power to do so, and it did not guarantee suffrage for women, African Americans, and other minorities, which were even blatantly outlawed. The Framers of the Constitution created a representative democracy and a federal system, fearing centralized power and direct democracy, which led to undemocratic redundancies, such as the concept of bicameral representation, which reduces the likelihood of legislation being passed when different parties control different chambers of Congress.
The definition of "democracy" has evolved over time, and the American understanding of the term has changed. The original Constitution and the social norms of the time influenced the content of the document, and the Framers had to work within certain limits, such as the existence of only thirteen states, which complicated the creation of a central government, and the issue of slavery and representation in the Senate. These limitations resulted in a document that, while considered democratic within the context of its time, has undemocratic elements when judged by modern standards.
Despite these criticisms, the Constitution has served as the foundation of American democracy and can be amended, allowing for the expansion of voting rights and the protection of citizens' rights. The document's adaptability and longevity contribute to its legitimacy, and it continues to be viewed as sacred by many Americans, making significant changes to it politically challenging.
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The Framers' perspective and the modern context
The Framers' perspective on the U.S. Constitution was that it established a federal democratic republic. The Founding Fathers established three main principles: inherent rights, law and order, and representative democracy. The Framers' intentions were to create a system where the people governed themselves, and the government's power was derived from its people.
However, the Framers were limited by the social norms of their time. They were all men and shared a worldview that excluded the interests of women, slaves, free Blacks, Native Americans, and other non-White people. They also represented the interests of a minority of propertied White men, rather than the majority of White men who did not have enough property to vote or hold office. These limitations resulted in several undemocratic flaws in the original Constitution, such as the lack of a ban on slavery and the absence of guaranteed suffrage for women and minorities.
In the modern context, the U.S. Constitution is still considered a sacred document by many Americans, and it has been amended over the years to address issues of freedom and suffrage. However, the original Constitution's flaws, such as the electoral college system, the bicameral legislature, and the power of the judiciary, continue to impact American politics and have been criticised for their undemocratic nature.
Despite these criticisms, the U.S. Constitution has been amended and "fixed" over the years, and it still serves as a vital document protecting the rights of citizens. It has functioned fairly well for over two hundred years, and Americans continue to feel bound to this document, even as the definition of "democracy" has evolved.
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Frequently asked questions
The American Constitution established a Federal democratic republic. It is democratic because the people govern themselves and it is a republic because the government's power is derived from its people.
The original American Constitution had several undemocratic elements. It did not ban slavery, nor did it guarantee any right to vote or suffrage for women, African Americans, and other minorities. It also left the election of the president to a body of presidential electors.
The original Constitution has been criticised for being undemocratic in nature. The Framers' perspective that it would represent the interests of the majority has been proven incorrect. The Constitution has also been criticised for its flaws, such as the concept of bicameral representation, which reduces the possibility of legislation being passed when different parties control different chambers of Congress.
Given the social norms of the time, it is difficult to imagine a more democratic document than the original Constitution and the Bill of Rights. The authors of the Constitution were men of their time and shared the world view of their era.
The American Constitution has been amended over the years to become more democratic. Amendments have extended the right to vote to people of colour, women, and people over the age of 18.
