Jonah Patel
The process of writing the Constitution of the United States was a complex and contentious endeavour, with varying perspectives on its democratic or elitist nature. The Constitution, penned in 1787, aimed to address the shortcomings of the Articles of Confederation, America's first constitution, by creating a stronger central government. The framers, including James Madison, Alexander Hamilton, and George Washington, believed in the idea of a representative democracy, but the process and outcome had both democratic and elitist elements. While the Constitution has been lauded as a miraculous achievement, it also faced opposition and has been criticised for its undemocratic features.
| Characteristics | Values |
|---|---|
| Elitist | The US Constitution is considered elitist due to its undemocratic features, such as an unrepresentative Senate, Supreme Court Justices appointed for life, and the Electoral College. |
| The Constitution was written by a small group of elite men, excluding the majority of "the people," such as women and African Americans. | |
| The ratification process bypassed state legislatures and required only a two-thirds majority, rather than unanimous approval of all states. | |
| The Constitution has been difficult to amend, allowing undemocratic institutions to persist. | |
| Democratic | The US Constitution is considered democratic as it put governance in the hands of the people, establishing a representative democracy. |
| The founders supported the idea that the will of the majority should be translated into public policy while protecting the rights of the minority. | |
| The Constitution has been amended to extend the right to vote to people of color, women, and those 18 and older. | |
| The US Constitution was influenced by democratic ideals such as the Magna Carta and the Enlightenment philosophies of Montesquieu and John Locke. |
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What You'll Learn
The US Constitution's undemocratic origins
The US Constitution, which came into effect in 1789, is the supreme law of the United States of America. It superseded the Articles of Confederation, which was America's first constitution. The US Constitution has been amended 27 times since it was implemented. It outlines the frame of the federal government and the separation of powers into three branches: the legislative, executive, and judicial.
Despite its global influence, the US Constitution has been criticised for its undemocratic origins. The process of writing the Constitution has been described as elitist, with only a small group of people involved in its drafting and the majority of "the people" having no vote or say in the government. The delegates who signed the Constitution were wary of centralised power and loyal to their states. They crafted a powerful central government that was responsive to the wildly differing interests and views of the states.
The Constitution was written during the Philadelphia Convention, also known as the Constitutional Convention, which convened from May 25 to September 17, 1787. General George Washington was unanimously elected president of the convention. The delegates included James Madison, Alexander Hamilton, and a young lawyer from New York named James Wilson. Madison, in particular, was a driving force behind the convention, having studied history and political theory for several years in search of a solution to the political and economic dilemmas facing America. He believed that a strong central government was needed to provide order and stability, and many of his ideas made their way into the Constitution, earning him the moniker "Father of the Constitution".
The Constitution was not ratified immediately after it was signed. It needed to be approved by the people through a ratification process. Under Article VII of the Constitution, ratification by nine of the thirteen states was required to enact the new government. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. The ratification campaign was challenging, with Anti-Federalists fighting against the Constitution because it created a powerful central government and lacked a bill of rights. Eventually, a "vote now, amend later" compromise helped secure victory, and on June 21, 1788, New Hampshire became the ninth state to ratify.
While the US Constitution has been praised as a revolutionary document that put governance in the hands of the people, it has also been criticised for its undemocratic features. The House of Representatives was the only popularly elected body, and the franchise to elect representatives was left to the states, which had their own restrictions in place. Most states limited voting to people who owned property or paid taxes, excluding women and African Americans. The Constitution also included features such as an unrepresentative Senate, Supreme Court justices appointed for life, and the Electoral College, which have been criticised as undemocratic and elitist.
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The Constitution's democratic features
The US Constitution is the fundamental framework of America's system of government. It is a federal constitution that superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution has been amended 27 times since it came into operation in 1789. The first ten amendments are collectively known as the Bill of Rights, which offers specific protections of individual liberty and justice and places restrictions on the powers of the government within the US states.
The Constitution was written and signed in 1787, in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. It was written during the Philadelphia Convention, now known as the Constitutional Convention, which convened from May 25 to September 17, 1787. The Constitutional Convention was headed by George Washington, who was unanimously elected as its president. The delegates came up with a new form of government, creating a powerful central government. Representing different interests and views, they crafted compromises.
The Constitution is considered a democratic document with several democratic features. Firstly, it is a written constitution for a large republic based on popular rule. In 1787, no country in the world had allowed its citizens to select their form of government, let alone a democratic one. The Constitution put governance in the hands of the people, which was a revolutionary step forward for humankind.
Secondly, the founders supported the idea that the will of the majority should be regularly translated into public policy as long as the rights of the minorities were not violated. James Wilson, a prominent member of the Constitutional Convention, wrote that "the majority of the people wherever found ought in all questions to govern the minority."
Thirdly, the Constitution separates the powers of the government into three branches: the legislative, executive, and judicial branches. This system of checks and balances ensures that no one branch has too much power.
Finally, the House of Representatives was the only popularly elected body. Although the franchise to elect representatives was left to the states and was very limited, the House was a somewhat democratic feature of the Constitution.
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The Constitution's anti-democratic features
The US Constitution has been described as a "revolutionary" document that "put governance in the hands of the people". However, it has also been criticised for its undemocratic features, which have been attributed to its 18th-century origins. Here are some of the Constitution's anti-democratic features:
Limited Franchise
The Constitution left the franchise to elect representatives to the states, and this was very limited. Most states restricted voting to people who owned property or paid taxes, excluding women and African Americans. This meant that the majority of "the people" had no vote or say in the government, even in the House of Representatives, which was supposed to be the "House of the People".
Electoral College
The Electoral College is often criticised as an undemocratic feature of the US Constitution. It can result in a candidate winning the presidency despite losing the popular vote, as has happened on several occasions in US history.
Separation of Powers
The separation of powers between the legislative, executive, and judicial branches of government can make it difficult for the government to respond quickly to large, sudden changes in popular will. Under the original, unamended Constitution, public mood swings needed to be sustained over a long period to elect enough representatives to the House and select senators to serve in Congress.
Supreme Court Justices Appointed for Life
The appointment of Supreme Court justices for life can be seen as undemocratic, as it removes the power of the people to influence the judicial branch of government through the electoral process.
Difficulty of Amending the Constitution
The US Constitution is one of the most difficult constitutions in the world to amend. This has contributed to democratic backsliding in the US, as it has allowed undemocratic institutions to persist.
While the US Constitution has been praised for its democratic ideals and influence on the spread of democracy worldwide, it also contains several anti-democratic features. These features have been the subject of debate and attempts at reform throughout US history.
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The process of constitution-making
To address these concerns, Madison and Hamilton played a pivotal role in convening the Constitutional Convention in Philadelphia in 1787. The convention was attended by delegates from various states, representing diverse interests and views. The delegates were tasked with revising the existing government structure, but ultimately crafted a new form of government, establishing a powerful central government with a system of checks and balances to ensure that no single branch held too much power.
The process of drafting and ratifying the Constitution was not without its challenges. The Federalists, who favoured a strong central government, faced opposition from the Anti-Federalists, who were concerned about the concentration of power and the absence of a bill of rights. The ratification campaign was closely contested, with only six out of thirteen states initially reporting a pro-Constitution majority. However, through compromises such as "vote now, amend later," the Federalists were able to secure the required ratification by nine states.
While the U.S. Constitution has been praised as a groundbreaking document that put governance in the hands of the people, it has also been criticised for its undemocratic features. The process of constitution-making in the U.S. has been characterised as elitist, with voting rights historically limited to male property owners or taxpayers, excluding women and African Americans. The Constitution's emphasis on protecting minority rights and its intricate system of checks and balances have been seen as obstacles to direct popular rule.
To address these concerns, amendments have been made over time to extend voting rights and enhance democratic participation. However, critics argue that the Constitution remains difficult to amend, perpetuating undemocratic institutions and allowing democratic backsliding. The process of constitution-making has evolved since the 18th century, with other democracies adopting more inclusive and democratic norms. The U.S. Constitution, with its 18th-century origins, stands as an enduring framework of government but faces ongoing debates about its democratic shortcomings.
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The Constitution's influence on world history
The United States Constitution, signed on September 17, 1787, has had a profound influence on world history, particularly in the realm of legal thinking and the adaptation of emerging nations. It introduced novel concepts such as checks and balances, separation of powers, and an amendment process that allowed it to be a living document. The US Constitution has been a significant reference point for nationalist movements and independence movements worldwide, shaping the trajectory of nations transitioning to constitutional democracies.
The US Constitution's influence can be traced back to its early impact on northwestern Europe and its colonial connections from 1776 to 1811, following the American Revolution. Subsequently, from 1811 to 1848, Latin American, Caribbean, and European nationalists drew inspiration from it after Napoleon's decline. The Constitution's reach extended to Asia and Latin America from 1898 to 1918, influencing nationalist movements in these regions.
Following World War I, from 1918 to 1945, the Constitution's influence spread to decolonization movements in Africa, the Middle East, and Asia. After World War II, from 1945 to 1974, it continued to shape independence movements. During the period of United Nations expansion from 1974 to 1989, formerly non-democratic regimes, including European ones, transitioned towards constitutional democracies, incorporating elements of the US Constitution.
However, the influence of the US Constitution is not without its critics and has waxed and waned over time. Some scholars argue that its appeal as a model for constitutional drafters elsewhere may be diminishing. Additionally, democratizing countries often chose more centralized British or French models of government, particularly the British Westminster system. Nonetheless, the US Constitution remains a significant contributor to humankind's ongoing pursuit of freedom and governance under a system of laws.
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Frequently asked questions
The process was largely elitist. The majority of "the people" had no vote or say in government at all. Only 38 delegates signed the Constitution, and it was left to the states to decide on voting restrictions, most of which limited voting to property owners or taxpayers.
The US Constitution was written to replace the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The US Constitution aimed to provide a strong central government to provide order and stability.
The US Constitution delineates the frame of the federal government, separating the powers of government into three branches: the legislative, executive, and judicial. It also sets up a system of checks and balances to ensure no one branch has too much power and divides power between the states and the federal government.
The US Constitution has been amended 27 times since it came into effect in 1789. The first ten amendments are known as the Bill of Rights, protecting individual liberty and justice and restricting government powers. Later amendments expanded civil rights protections, addressed federal authority, and modified government processes.
The US Constitution has been criticised for its undemocratic features, such as an unrepresentative Senate, lifetime appointments of Supreme Court Justices, and the Electoral College. It has been difficult to amend, allowing significant democratic backsliding and the persistence of undemocratic institutions. The ratification process also ignored the amendment provision of the Articles of Confederation, requiring unanimous state approval.
