Omar Bennett
The United States Constitution has been criticised from various perspectives, including its defence of slavery, propping up of inequality, and the challenges of interpreting and amending it. The Constitution has been criticised for its role in perpetuating racial injustice, such as the exclusion of women, non-white people, indigenous people, and non-property owners from the definition of the people. Additionally, the difficulty of amending the Constitution has been a point of contention, with critics arguing that it should be easier to make changes to reflect societal evolution and address pressing issues like racial discrimination. The interpretation of the Constitution has also been criticised, with some arguing that it was intended to be a republic rather than a democracy, and that this interpretation impacts how it is understood and applied.
Furthermore, critics have scrutinised the balance of powers between the three branches of government, with concerns raised about presidential powers and the potential for authoritarianism or incompetence. The lack of oversight and accountability mechanisms for presidents has been highlighted, especially in cases where presidents have unilaterally initiated military campaigns or mismanaged foreign policy situations. The Constitution's critics also extend to the historical context of its creation, with accusations of self-interested officeholders and personal attacks during the Constitutional Convention.
| Characteristics | Values |
|---|---|
| Lack of oversight for presidents | Offers no safeguards for presidential incompetency |
| Difficulty in amending the Constitution | Creates a mismatch between interpretation and real-world challenges |
| Inequality in Senate representation | Lack of equal representation in the Senate |
| Lack of prior experience in diplomacy, government, or military service for presidential candidates | Potential for electing incompetent presidents |
| Presidential powers | Potential for tyranny or authoritarianism |
| US State Immunity Act | Conflict with international law |
| Embrace of classical economics, manifest destiny, hemispheric exclusion, and exploitation of the Global South | Contradiction with the beliefs and values of the American people |
| Preservation of slavery | Contradiction with the principle of fundamental human equality |
| Exclusion of women, non-white people, indigenous people, and non-property owners from the definition of "the people" | Contradiction with the principle of fundamental human equality |
| Lack of understanding of the Constitution's history and development | Inability to fully understand the Constitution and laws |
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What You'll Learn
The US Constitution is a republic, not a democracy
The US Constitution has been criticised for its undemocratic nature, with some arguing that it is a republic, not a democracy. This distinction is important as it highlights the intentional creation of a system of representation, rather than direct rule by the people.
The Constitution's critics argue that the system was designed to introduce a space between the people and the government, allowing for statesmanship and public spirit to flourish. This interpretation is supported by the text of the Constitution, which explicitly prohibits titles of nobility, a key marker of republicanism.
The separation of powers, with three branches of government, each with some power over the others, is another feature that supports the argument for a republic. This system of checks and balances is designed to maintain a separation of powers and prevent any one branch from becoming too powerful.
However, this feature of the Constitution has also been criticised. The equal representation in the Senate, for example, has been criticised as being unfair and in need of reapportionment. This criticism is based on the argument that the equal state representation in the Senate is the only provision of the Constitution that cannot be amended, leading to a potential imbalance in representation.
The campaign to discredit critics of the Constitution during its formation in 1787 also highlights the importance of the republic versus democracy debate. Critics were accused of being former Loyalists, enemies of liberty, or officeholders who wanted to retain their power. The distinction between a republic and a democracy was used to justify the creation of a vigorous central government, with critics being portrayed as self-interested and scheming.
Overall, the criticism that the US Constitution is a republic, not a democracy, highlights the intentional creation of a system of representation, with checks and balances, that some argue has led to an unfair or imbalanced representation in the Senate. While the Constitution has been amended and improved over time, the debate over its democratic nature continues.
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The Constitution preserves slavery and excludes women and minorities
The Constitution of the United States has been criticised for preserving slavery and excluding women and minorities. The original document, which came into effect in 1787, did not use the word "slavery" or "slave", but it included clauses that protected the practice. Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of "persons" where it was allowed by state governments, until 20 years after the Constitution took effect. This clause was a compromise between Southern states, where slavery was a pivotal part of the economy, and other states where abolition was contemplated or had been achieved. The Three-Fifths Clause in Article 1, Section 2, Paragraph 3, counted three-fifths of each state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College.
The framers of the Constitution avoided using the word "slavery" because they recognised that it would sully the document. However, by sidestepping the issue, they laid the foundation for future conflict, including the Civil War. Many of the framers had moral qualms about slavery, and some became members of anti-slavery societies. On August 21, 1787, a debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation and was inconsistent with America's republican ideals. John Rutledge of South Carolina responded forcefully, insisting that religion and humanity had nothing to do with the question and that unless regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union".
While the Constitution did not explicitly exclude women, the fact that the document did not mention them or address their rights and duties has been interpreted as an exclusion. The political ideologies of republicanism and liberalism that influenced the Constitution did not consider women to be citizens. However, the use of the word "persons" instead of "men" in the Constitution has been interpreted as inclusive. During debates over the Missouri Compromise in 1820, Kentucky senator Richard M. Johnson defended the Three-Fifths Clause, arguing that slaves, women, and minors were all represented. Similarly, in 1843, Southern congressman Thomas Gilmer from Virginia compared the political status of women to that of slaves, arguing that each state was responsible for the care and protection of its entire population.
The original Constitution also failed to address the rights of minorities, such as Jews, who were excluded from holding office in most states due to religious tests. Delaware, for example, required state officers to swear a Trinitarian oath, while Georgia required them to be of the Protestant religion. Maryland demanded belief "in the Christian religion", excluding Jews and non-believers. New York discriminated against Catholics but was the only state in which Jews could hold office.
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The US government intervenes in other countries' affairs
The United States government has a long history of intervening in the affairs of foreign countries, often driven by economic opportunities, social protection, territorial expansion, and enforcing international law. Between 1776 and 2023, the US engaged in nearly 400 military interventions, with over 25% occurring in the post-Cold War period. Here are some examples:
Chile
In 1811, US federal agent Joel Roberts Poinsett arrived in Chile to assess the Chilean revolutionaries' prospects during their war against the Spanish Empire. This led to further US interventions in Chile, with covert involvement from 1962 to 1973.
Mexico
During the Mexican-American War from 1846 to 1848, US armed forces invaded and occupied parts of Mexico, including Veracruz and Mexico City, as they fought over what are now Texas, California, and the American Southwest.
Japan
In 1854, Commodore Matthew C. Perry negotiated the Convention of Kanagawa, ending Japan's centuries of national isolation and opening the country to Western trade and diplomacy.
Vietnam and Cambodia
The US has a history of intervention in Vietnam, with public disagreement over the placement of nuclear weapons in South Vietnam in 1968. In 1970, the US and South Vietnam responded to North Vietnamese incursions into Cambodia with a limited incursion and bombing campaign, known as Operation Menu, which proved controversial.
Mozambique
In 2021, the Biden administration designated al-Shabaab in Mozambique as a terrorist organization and intervened in the Cabo Delgado conflict at the request of the Mozambican government, deploying special forces to train Mozambican marines.
Criticisms of US Interventionism
Critics argue that the US government's interventions often contradict the beliefs and values of the American people and fuel negative sentiments worldwide. The lack of democratic processes in intervention decisions, such as in the case of Obama's unilateral decision to intervene in Libya, has also been criticized. The United Nations General Assembly has affirmed the principle of non-intervention, stating that no state has the right to interfere in the internal or external affairs of another state.
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The president has too much power
The United States Constitution has been criticised for granting the president too much power. The US system of government is designed with a system of checks and balances, with three branches—the executive, the legislative, and the judiciary—that are intended to be coequal. However, critics argue that the president has too much power and that there is the potential for tyranny or authoritarianism.
This criticism is partly due to the fact that the president has significant domestic and foreign policy responsibilities. The president is the head of a political party and has duties in both the domestic and international spheres. This includes the power to unilaterally begin and continue military campaigns, as demonstrated by President Barack Obama's intervention in Libya without seeking the approval of Congress. The president's role as the head of state and government, as well as the leader of a political party, can lead to overburdened duties and potential incompetency.
Additionally, there are limited mechanisms in place to hold the president accountable for their actions. Impeachment is a challenging process, allowing incompetent or marginally competent presidents to remain in office for their full term. This can result in significant consequences, as an incompetent president can cause great mischief during their time in office.
Furthermore, the Constitution does not require the president to have prior experience in diplomacy, government, or military service. This lack of experience can impact the president's decision-making process and their ability to effectively manage crises, such as the criticism faced by President Obama for his handling of the Syrian Civil War.
The criticism of the president's power is also influenced by the increasing distrust of the American people towards their government and long-term career politicians. This distrust has led to the election of inexperienced candidates who may be more susceptible to incompetency or misuse of power. As a result, critics argue for a more proportioned distribution of power among the branches of government to prevent the concentration of power in the executive branch and to ensure effective checks and balances.
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The Senate needs reapportionment
The United States Constitution has been criticised for its failure to address the issue of reapportionment in the Senate. The Senate's dynamics have been a subject of debate, as it holds significant powers, including passing or denying legislation, approving or blocking appointments, and ratifying or rejecting treaties.
The criticism regarding Senate reapportionment centres on the principle of equal representation. Each state is currently allocated two senators, regardless of its population size. This can result in a disproportionate representation of smaller states, leading to concerns about the "tyranny of the majority". As demographers predict, a small number of states representing just 30% of Americans could end up electing 70 out of 100 senators. This discrepancy can result in the interests and needs of the remaining 70% of the population being underrepresented and unaddressed.
Senator Daniel Patrick Moynihan acknowledged this issue, stating that the Senate's composition was beginning to resemble the pre-reform British House of Commons, where equal state representation was a concern. However, addressing Senate reapportionment is challenging due to the constraints of Article V of the Constitution, which prohibits any alteration to the number of senators allocated to each state.
Some critics argue that the Constitution's defence of equal state representation in the Senate is less justifiable on democratic grounds. They contend that the Constitution's strengths lie in its ability to foster self-government and create a space for statesmanship and public spirit. Nonetheless, the criticism highlights a perceived flaw in the Senate's structure, which may require amendment to ensure fair and equitable representation for all Americans, regardless of their state of residence.
The criticism of the Senate's reapportionment is part of a broader discussion about the perceived flaws in the US Constitution. Critics have also pointed out issues related to racial justice, the role of the presidency, and the difficulty of amending the Constitution to address changing beliefs, values, and societal dynamics.
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Frequently asked questions
The US Constitution has been criticised for being a republic, not a democracy. It has also been criticised for preserving and propping up slavery, and excluding women, non-white people, indigenous people, and non-property owners from the definition of "the people".
The US government has been criticised for its embracement of classical economics, manifest destiny, hemispheric exclusion, exploitation of the Global South, military intervention, and alleged practice of neocolonialism. The government has also been criticised for a lack of oversight for presidents, offering no safeguards for presidential incompetency.
The US legal system has been criticised for being in conflict with international law. For example, the US State Immunity Act has been deemed by the International Court of Justice to be outside the legal limits.
Virtually every US president in modern history has been criticised for incompetency. Critics have also argued that the divided attention of the president between competing tasks allows for incompetency in government.
