Simone Lawson
The US Constitution is often viewed as a symbol of democracy, with its adoption signalling the birth of democracy in the world. However, the Constitution contains several undemocratic features that impede the country's progress toward becoming a truly democratic nation. These undemocratic elements are attributed to the intentions of the founding fathers, who were uncomfortable with the concept of government by the people. This paragraph introduces the topic of discussing the undemocratic features present in the original Constitution and how they have influenced the democratic landscape of the United States.
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What You'll Learn
- The US Constitution tolerated slavery and did not protect the voting rights of women and minorities
- The Senate was to be appointed by the states rather than elected, and each state has two senators regardless of size
- Supreme Court Justices are appointed for life and are difficult to remove
- The Electoral College is unrepresentative
- The federal judiciary engages in judicial legislation
The US Constitution tolerated slavery and did not protect the voting rights of women and minorities
The US Constitution, in its original form, presented several undemocratic features, notably its tolerance of slavery and failure to protect the voting rights of women and minorities.
Slavery, a starkly undemocratic institution, was implicitly supported by the original Constitution. While the document did not explicitly mention "slavery," it included provisions regarding "unfree persons," and the Fifth Amendment's protection of property was used to justify treating slaves as such. Despite Lincoln's efforts to abolish slavery during the Civil War, the Constitution's interpretation limited the federal government's power to end it in peacetime, leaving the issue to individual states. The 13th Amendment, ratified in 1865, finally abolished slavery, but the struggle for equality continued for African Americans.
The original Constitution also failed to protect the voting rights of women. The 19th Amendment, adopted in 1920, granted women the right to vote, but even after its ratification, women, especially from minority communities, continued to face discrimination and voter suppression. It wasn't until the Voting Rights Act of 1965 and subsequent legislation that women's voting rights were more comprehensively protected.
Additionally, the Constitution did not safeguard the voting rights of minorities, particularly African Americans. While the 15th Amendment granted African American men the right to vote in 1870, various measures were soon enacted to disenfranchise them. Literacy tests, "grandfather clauses," and other devices excluded African Americans from voting, leading to their political marginalization under the "Jim Crow" segregation system. It would take decades of struggle and further legislation, like the Voting Rights Act of 1965, to begin addressing these injustices.
The undemocratic nature of the original Constitution, particularly regarding slavery and voting rights, underscores the long and ongoing journey toward a more inclusive and equitable democracy in the United States.
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The Senate was to be appointed by the states rather than elected, and each state has two senators regardless of size
The United States Constitution is often seen as a democratic foundation, signalling the birth of democracy in the world. However, the original constitution had several undemocratic features, including the appointment of senators by the states.
The US Constitution initially provided that senators would be appointed by the state legislatures rather than elected by the people. This meant that the Senate did not truly represent the people's interests, as senators were accountable to the state governments rather than the citizens they served. This undemocratic feature was later addressed with the Seventeenth Amendment, which established the direct election of senators.
Another issue with the original Senate composition was that each state was allocated two senators, regardless of its population size. This gave smaller states disproportionate representation in the Senate, as they had the same number of senators as larger states with more significant populations. This arrangement provided an advantage to less populous states, as their senators represented fewer citizens, giving them a stronger voice in the Senate.
The combination of state appointment and equal representation for all states resulted in an undemocratic Senate that did not accurately reflect the will of the people. The Senate's role in lawmaking and policy-making, along with its ability to block legislation, meant that the voices of citizens in larger states were diluted. This discrepancy in representation between states continues to be a topic of debate in American politics, with some advocating for reforms to create a more equitable distribution of power in the Senate.
The undemocratic nature of the original Senate extended beyond its composition. The Senate, along with the House of Representatives, played a crucial role in lawmaking and governing. With the power to introduce and pass legislation, the Senate had a direct impact on the lives of citizens. However, without the ability to elect their senators, the people's influence over this process was limited. This discrepancy between the Senate's power and the people's ability to hold them accountable created a disconnect between the government and the governed.
The issues with the original Senate's appointment and representation highlight the complexities of establishing a democratic system. While the founding fathers aimed to create a government that protected individual liberties and balanced state and federal powers, their discomfort with direct democracy led to undemocratic elements in the Constitution. Over time, amendments and societal shifts have addressed some of these issues, but the legacy of these early compromises continues to shape American democracy today.
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Supreme Court Justices are appointed for life and are difficult to remove
The original US Constitution has been criticised for its undemocratic elements, including the appointment of Supreme Court Justices for life. This feature of the Constitution has been described as undemocratic because it results in Supreme Court Justices who are essentially unaccountable to the people and difficult to remove even if their views become outdated or extreme.
The appointment of Supreme Court Justices for life is a significant departure from the democratic ideal of government by the people and for the people. In a democratic system, it is essential that those in positions of power are accountable to the people and can be removed if they no longer represent the values and beliefs of the people they serve. The lifetime appointment of Supreme Court Justices undermines this principle of democratic accountability and can result in Justices serving long beyond the time their views reflect those of the American people.
The difficulty of removing Supreme Court Justices once they are appointed for life is a further undemocratic feature of the original Constitution. While impeachment is a possibility, it is an extreme and rarely used measure. This means that once appointed, a Supreme Court Justice can serve for decades, even if their views are no longer in line with those of the American people or if they are no longer capable of performing their duties due to age or ill health.
The undemocratic nature of lifetime appointments is further exacerbated by the fact that Supreme Court Justices are not directly elected by the people. Instead, they are nominated by the President and confirmed by the Senate, a process that can be highly politicised and subject to partisan interests. This means that Supreme Court Justices may not truly represent the values and beliefs of the American people, yet they are able to serve for life, making them incredibly powerful and unaccountable to the democratic will of the people.
The lifetime appointment of Supreme Court Justices can also hinder the development of new legal perspectives and the adaptation of the law to changing social and cultural norms. With the rapid pace of social change in the modern era, it is essential that the legal system is able to adapt and respond to new challenges and perspectives. However, with Supreme Court Justices serving for life, the legal system can become stagnant and resistant to change, as the Justices may be reluctant to overturn precedent or embrace new legal interpretations.
In conclusion, the appointment of Supreme Court Justices for life is an undemocratic feature of the original Constitution that has significant implications for the accountability of the judiciary to the people. The difficulty of removing Justices once appointed can result in a lack of representation of the people's values and beliefs, as well as hinder the development of the law to reflect changing social norms. While the intention behind lifetime appointments may have been to ensure judicial independence, the result is a judiciary that is essentially unaccountable to the democratic will of the people.
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The Electoral College is unrepresentative
The United States Constitution has long been viewed as a bastion of democracy, signalling the birth of democratic ideals in the Western world. However, this very constitution contains undemocratic elements, one of which is the Electoral College. The Electoral College is unrepresentative in several ways. Firstly, the addition of two extra seats for each state's Senators results in disproportionate representation in the Electoral College. This means that the weight of an individual's vote varies depending on the state they reside in, giving residents of smaller states more voting power.
Secondly, the original constitution did not protect the voting rights of women and minorities, and it was only after a long struggle that these groups gained equal voting rights. Thus, the Electoral College system, which is based on state voting outcomes, inherently carried the biases and disenfranchisement of certain groups that existed within the states.
Thirdly, the Electoral College system, as outlined in the original constitution, gives each state two senators regardless of population size. This structure gives smaller states disproportionate representation in the Senate, which in turn influences the Electoral College vote. This aspect of the constitution was intended by the founding fathers, many of whom were uncomfortable with the concept of pure democracy and sought to limit the power of the general populace in favour of state-level elites.
Finally, the Electoral College system can result in a president being elected who did not receive the majority of the popular vote. This outcome further highlights the unrepresentative nature of the Electoral College, as it means the president may take office without the support of the majority of the country's citizens.
In conclusion, the Electoral College, as outlined in the original US Constitution, is unrepresentative due to disproportionate state representation, historical disenfranchisement of certain groups, the influence of anti-democratic founding ideals, and the potential for a discrepancy between the popular vote and the Electoral College outcome. To create a more democratic system, reforms or a constitutional convention may be necessary to bring the 18th-century constitution into the 21st century.
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The federal judiciary engages in judicial legislation
The US Constitution has long been viewed as a foundational text of democracy. However, the document has been criticised for its undemocratic elements, which have been carried over into the 21st century. One of the undemocratic features of the original constitution was the potential for the federal judiciary to engage in judicial legislation.
The original intention behind the constitution was likely that federal judges should not participate in making government laws and policies. This was indicated by the rejection of a proposal in the Virginia Plan, which would have empowered a council of the executive and federal judiciary to veto acts of the National Legislature.
However, in practice, the federal judiciary has been able to engage in judicial legislation or policy-making. This has occurred through the judiciary's power to review the constitutionality of state and congressional actions or inactions. While the federal judiciary's role in ruling on the constitutionality of laws is accepted by many, this power has, in some instances, led to judicial policy-making.
The power of Congress was also limited in ways that prevented the federal government from effectively regulating or controlling the economy, as is common in modern democratic governments. For example, the lack of power to tax incomes hindered fiscal policy and measures like Social Security. Regulatory actions over railroad rates, air safety, food and drugs, banking, minimum wages, and other policies also lacked clear constitutional authorisation.
The undemocratic nature of the original constitution is further evidenced by the fact that the Senate was to be appointed by the states rather than elected, and that the voting rights of women and minorities were not protected. The three-fifths compromise also meant that slavery was tolerated in the initial writing of the Constitution.
To address these issues, amendments or a constitutional convention may be necessary to bring the 18th-century Constitution into the 21st century and align it with the democratic ideals it is supposed to uphold.
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Frequently asked questions
The US Constitution is often viewed as a foundation of democracy, however, it contains undemocratic elements that impede democratic progress. The original Constitution tolerated slavery, did not protect the voting rights of women and minorities, and had an unrepresentative Senate, with each state having two senators regardless of size, giving smaller states increased prominence.
The Constitution did not initially provide for the direct election of senators, who were instead appointed by the states. This was changed with the Seventeenth Amendment. The Constitution also allows for Supreme Court Justices to be appointed for life, and the Electoral College is not proportionally representative.
The US Constitution has been described as less democratic than other major Western democracies. The framers of the Constitution intended to create a government that was not "of, by, and for the people", and many of the founding fathers were uncomfortable with democratic ideals.
