Eleanor Finch
The United States Constitution has been criticised for its failure to explicitly outline and protect the rights of women and minorities, particularly Black individuals, for decades. The Constitution has also been criticised for protecting slavery and denying civil liberties. The South African Constitution, for example, explicitly provides for the right to housing, education, and basic economic survival—rights that are not explicitly provided for in the US Constitution. Furthermore, the US Constitution has been criticised for being undemocratic and ineffective, with political polarization and economic inequality being both causes and symptoms of this decay.
| Characteristics | Values |
|---|---|
| Impossible to amend | Unanimous consent was required for any amendment, meaning all 13 states would need to agree on a change |
| Lack of funding | The central government couldn't collect taxes to fund its operations |
| Lack of authority | States conducted their own foreign policies and had their own money systems |
| Ineffective | It has made political polarization worse and the Executive branch has become too powerful |
| Lack of rights | Denied women and minorities their basic human rights, protected slavery, and only guaranteed civil liberties for white men |
| Lack of explicit fundamental rights | Does not explicitly provide for rights to housing, education, and basic economic survival |
| Lack of representation | The legislative process is influenced by parochial incentives |
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What You'll Learn
It denied civil liberties to women and minorities, especially Black individuals
The United States Constitution has been criticised for its failure to protect the civil liberties of women and minorities, particularly Black individuals. The original text of the Constitution protected slavery and only guaranteed civil liberties to white men, with Black individuals, women, and other minorities denied their basic human rights.
The Constitution has been amended several times to address these injustices, most notably through the 13th, 14th, and 15th Amendments, which abolished slavery, guaranteed due process and equal protection under the law, and ensured voting rights for Black men. Despite these amendments, the Constitution has continued to fall short in protecting the rights of women and minorities. For example, it did not explicitly provide for basic economic rights or the right to housing, education, and economic survival, as the South African Constitution does.
The Supreme Court has played a significant role in interpreting the Constitution to expand civil liberties. Landmark cases include Loving v. Virginia in 1967, which ruled that laws prohibiting interracial marriage were unconstitutional, and Roe v. Wade in 1973, which protected a woman's right to privacy in abortion decisions under the Fourteenth Amendment.
While the Constitution has been a foundation for supporting civil liberties, its original flaws and ongoing interpretations have had significant consequences for women and minorities. The document's failure to specify individual rights beyond those of propertied white men has contributed to a legacy of discrimination and the ongoing struggle for equal rights for all.
Furthermore, the Constitution's impact extends beyond the text itself. The political system it established has been criticised for contributing to polarisation and economic inequality, with wealth influencing governance. The power of the executive branch has also grown, raising concerns about presidential dictatorship. These issues highlight how the Constitution's shortcomings have facilitated the marginalisation of vulnerable groups and the concentration of power in the hands of a few.
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It protected slavery
The Constitution of the United States of America is a highly influential document that has been amended several times since its creation. One of the most significant criticisms of the original Constitution is that it protected and perpetuated slavery.
The Constitution was written in 1787 by a group of 55 delegates, of whom about 25 owned slaves. Notably, the word "slave" does not appear in the document. Instead, the framers used euphemisms and indirect language to address the issue of slavery, such as the notorious "three-fifths clause." This clause counted three-fifths of a state's slave population when apportioning representation, giving Southern states with large slave populations greater representation in the House of Representatives and more votes in the Electoral College. This clause had a significant impact on elections, as Thomas Jefferson would have lost the election of 1800 without it.
The Constitution also included a fugitive slave clause, which required the return of runaway slaves to their owners, and it prohibited Congress from outlawing the Atlantic slave trade for 20 years, effectively protecting and institutionalizing slavery. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, some states would refuse to join the Union.
The protection of slavery in the Constitution contradicted the ideals of liberty and equality that the document purported to uphold. The framers of the Constitution were aware of the immorality of slavery and the contradiction it presented to the principles of the Revolution and the Declaration of Independence, which stated that "all men are created equal." Despite this awareness, the framers prioritized the formation of a strong Union over the abolition of slavery, making a prudential compromise that ultimately strengthened the institution of slavery.
The Constitution's protection of slavery had lasting consequences and laid the groundwork for future conflicts, including the Civil War. It took several amendments, such as the 13th, 14th, and 15th Amendments, and significant social and political changes to eventually abolish slavery and secure equal rights for all Americans, regardless of race.
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It lacked explicit fundamental economic rights
The US Constitution has been criticised for lacking explicit fundamental economic rights. While it has served as a foundation for civil liberties, it initially denied these liberties to women and minorities, particularly Black individuals, and protected slavery. Amendments have been made to address these issues, such as the 13th Amendment abolishing slavery and the 14th Amendment guaranteeing due process and equal protection under the law. However, critics argue that the Constitution could benefit from a more explicit articulation of fundamental economic rights.
The South African Constitution, for example, explicitly provides for the right to housing, education, and basic economic survival—rights that are not explicitly mentioned in the US Constitution. President Roosevelt's Four Freedoms speech included "freedom from want" as a fundamental freedom, and the international human rights system, which the US helped craft, also provides for basic economic rights. While the US has the fundamental principles in place to recognise these rights, it has not explicitly articulated them in the Constitution.
The absence of explicit economic rights in the US Constitution can be contrasted with the inclusion of economic rights in other foundational documents. The Universal Declaration of Human Rights (UDHR), for instance, recognises the right to work, the right to an adequate standard of living, and the right to social security. These rights are considered essential for human dignity and freedom, and their inclusion in the UDHR reflects an international consensus on their importance.
The lack of explicit economic rights in the US Constitution has implications for economic policy and social welfare. Without a constitutional guarantee of economic rights, there may be less legal protection for individuals' economic well-being and security. This could impact areas such as labour rights, social safety nets, and access to resources necessary for a decent standard of living. While the US has various laws and policies that address economic issues, the absence of explicit constitutional rights may limit their scope and effectiveness.
Critics argue that amending the US Constitution to include explicit fundamental economic rights would strengthen the commitment to economic justice and social welfare. It would provide a firmer foundation for policies aimed at addressing economic inequality, poverty, and access to essential goods and services. However, there are also counterarguments and considerations regarding the amendability of the Constitution and the potential impact on other areas governed by it.
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It was practically impossible to amend
The United States Constitution has been criticised for being practically impossible to amend. The Articles of Confederation, which formed the country's first constitution, required unanimous consent from all 13 states for any amendment to be made. This was an issue due to the rivalries between states, making the document impossible to adapt after the war with Britain ended in 1783.
The process of amending the current U.S. Constitution is also challenging. For example, following the Civil War, the 13th, 14th, and 15th Amendments were passed to abolish slavery, ensure due process and equal protection under the law, and guarantee voting rights for Black men. However, these amendments faced opposition from President Andrew Johnson, who was hostile to them. It took unique circumstances, such as the assassination of President Lincoln and congressional action, to ensure these fundamental rights were respected.
The difficulty in amending the Constitution has led to criticisms that it does not adequately address modern social issues. Scholars have argued for shifting power from Congress to the President to address these problems more effectively. However, others worry about the potential for an even more powerful presidency, especially in light of recent events such as Donald Trump's presidency, viewed by some as a "constitutional rot".
Additionally, the Constitution has been criticised for its lack of explicit provisions for fundamental economic, social, and cultural rights. While the international human rights system, which the U.S. helped craft, recognises these rights, they are not explicitly guaranteed in the Constitution. This has led to calls for a more explicit articulation of these rights, similar to what is found in South Africa's constitution.
The challenges posed by the amendment process have resulted in workarounds, such as congressional actions that do not require constitutional changes. However, these alternatives may not fully address the issues at hand and can lead to further complexities.
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It allowed states to conduct their own foreign policies
One of the major criticisms of America's first constitution, the Articles of Confederation, was that it allowed states to conduct their own foreign policies. This was problematic because it led to a lack of cohesion in the country's approach to international relations. Each state had its own agenda and priorities, which could be at odds with those of the central government and other states. This made it difficult to present a united front to other nations and potentially weakened the country's negotiating position and influence on the world stage.
The Articles of Confederation established a war-time confederation of states, with a very limited central government. The central government was already weak, as it lacked domestic and international powers and standing. It relied on voluntary contributions from the states for funding, which meant it often lacked the resources to function effectively. This lack of power and resources meant that the central government was unable to enforce its authority over foreign policy, even though this was technically its role.
The ability of states to conduct their own foreign policy may have been a contributing factor to the Articles of Confederation's ultimate failure. It is certainly one of the reasons why the current U.S. Constitution was adopted, replacing the Articles of Confederation. The new Constitution established a stronger federal government with explicit powers over foreign policy, as outlined in the Supremacy Clause of Article VI. This clause states that the Constitution, and the laws made under it, are the "supreme law of the land," thus ensuring that federal law takes precedence over state law in areas where there is a conflict.
However, even with the new Constitution, the relationship between state and federal power in foreign policy has continued to evolve and remains a complex issue. While the Constitution grants the federal government primary authority over foreign affairs, the states do retain some powers and can influence foreign policy in various ways. For example, states have their own economic and trade policies, which can impact international relations. Additionally, state and local governments often have direct relationships with foreign countries and cities, which can influence foreign policy goals and priorities.
The conduct of foreign policy is a complex and dynamic process, and the role of states within this process is a ongoing debate in the U.S. While the current Constitution has addressed some of the issues with the Articles of Confederation, the balance of power between the federal government and the states in foreign policy continues to evolve and adapt to the changing needs and priorities of the nation.
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Frequently asked questions
The constitution has been criticised for failing to guarantee the civil liberties of women and minorities, particularly Black individuals.
The constitution protected slavery and failed to outline the civil rights and liberties of women and minorities, which should have been guaranteed to all.
Congress has been criticised for passing legislation that benefits them as political entrepreneurs, rather than trying to solve national problems in the most effective way.
The constitution has been described as undemocratic and ineffective, with the Executive branch becoming too powerful and unaccountable.
The constitution has been criticised for not providing an explicit right to housing, education, and basic economic survival.
