Isabella Carter
The United States Constitution has faced criticism and debate since its inception. Critics have condemned the document for its alleged inability to resolve deep conflicts in American society, its constraints on simple majority rule, and its failure to address racial discrimination and guarantee fundamental rights. Authors such as Sanford Levinson, Robert Dahl, and Daniel Lazare have highlighted defects in the Constitution, including age limitations for representatives and the structure of the Electoral College. The Constitution has also been judged harshly for its compromises with slavery and the three-fifths compromise in Article I, Section 2. Defenders of the Constitution argue that it is a successful approach to governing a large geographic area and that it proceeds from a correct understanding of human nature. The debate surrounding the US Constitution continues, with critics and supporters offering various interpretations and perspectives on its strengths and weaknesses.
| Characteristics | Values |
|---|---|
| Constraints on simple majority rule | |
| Inability to resolve deep conflicts in American society | |
| Lack of established norms in governance | |
| Failure to address human nature | |
| Failure to address citizens' infor | |
| Failure to address political culture | |
| Failure to address race and racial discrimination | |
| Lack of explicit provisions for basic economic rights | |
| Lack of explicit provisions for right to housing | |
| Lack of explicit provisions for right to education | |
| Age limitations for representatives, senators, and presidents | |
| Problems with the Electoral College | |
| Equal state representation in the Senate | |
| Bicameralism | |
| Presidential veto | |
| Judicial review | |
| Compromises with slavery |
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What You'll Learn
Critics charged with selfish motives
Critics of the Constitution have been accused of being driven by selfish motives and seeking to retain their own interests and power. This criticism was particularly levelled at state officeholders who opposed the Constitution, with Federalists arguing that they were prioritising their own lucrative and powerful positions over the benefit of the country through the implementation of a new Constitution.
Newspapers outside of New York, such as the New Hampshire Spy, Salem Mercury, and Pennsylvania Gazette, criticised self-interested and scheming officeholders for their opposition to a convention that promised a strong central government. These critics were often not identified by name, but the behaviour was condemned as an attempt to maintain their positions of power.
One notable example of this criticism is the case of Hamilton and Clinton. Hamilton publicly acknowledged his authorship of an attack on Clinton on 21 July, and was subsequently lambasted by "Inspector" in satirical articles in the New York Journal. "Inspector" accused Hamilton of having illegitimate origins, advancing his career through ingratiation, and despising the common people. Humphreys, on the other hand, praised Hamilton for his "honest boldness" in attacking Clinton, whom he accused of being a "popular Demagogue" interested only in maintaining himself in office.
The criticism of selfish motives extended beyond specific individuals, as Federalists broadened their criticism to all state officeholders who opposed the Constitution. This criticism suggested that these officeholders were more concerned with retaining their power and influence than with the welfare of the nation and the potential benefits of a new Constitution.
In summary, the charge of selfish motives against critics of the Constitution has been a significant aspect of the political debate surrounding the Constitution. It reflects a concern that personal interests and power dynamics may influence the opinions and actions of those opposing the Constitution, rather than a genuine desire for the improvement and benefit of the nation.
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Constraints on simple majority rule
One of the strongest criticisms of the US Constitution is its alleged inability to resolve deep conflicts in American society and its constraints on simple majority rule. Critics have argued that the Constitution is unable to address the issues of a divided nation, and that it fails to provide a mechanism for resolving these conflicts. This criticism highlights the need for a flexible and adaptable governing system that can respond effectively to societal changes and divisions.
The Constitution has been criticised for its constraints on simple majority rule, which some argue limits the power of citizens and their ability to make decisions through democratic processes. This criticism suggests that the Constitution should be more responsive to the will of the people and allow for easier amendments or changes when there is a clear majority consensus. However, others defend the Constitution's constraints as a necessary safeguard against impulsive changes based on temporary passions or political whims.
The separation of powers and checks and balances within the Constitution have also come under scrutiny. Critics argue that these mechanisms contribute to governmental inaction and paralysis, hindering the ability to pass legislation and address pressing issues. On the other hand, supporters of the Constitution view these features as essential for maintaining a balanced and stable governing system, preventing the concentration of power and protecting against potential abuses.
Another criticism levelled at the Constitution is its historical compromises with slavery. The three-fifths compromise, the fugitive slave law, and the moratorium on banning the slave trade are seen as moral failings that contradicted the founding principles of the nation. While some argue that these criticisms benefit from hindsight, they highlight the ongoing struggle to address racial discrimination and inequity, which has been exacerbated by the Constitution's silence on explicit anti-discrimination measures.
In conclusion, the criticism of the Constitution's constraints on simple majority rule highlights the tension between stability and responsiveness in governance. While the Constitution's checks and balances aim to prevent impulsive decisions, critics argue that they can also hinder progress and fail to adequately address societal conflicts. This criticism underscores the complex nature of constitutional design, where striking a balance between majority rule and minority rights is essential for a functioning democratic society.
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Inability to resolve deep conflicts
One of the strongest criticisms of the US Constitution is its alleged inability to resolve deep conflicts in American society. This criticism is addressed in the book "Keeping the Republic: A Defense of American Constitutionalism", written by political scientists Dennis Hale and Marc Landy. The book argues that the Constitution is not a machine that can resolve deep societal conflicts on its own, but rather a fragile framework that requires active citizenship and engagement with political culture.
The authors of "Keeping the Republic" assert that the Constitution cannot be blamed for all the failings of democratic politics and contemporary American life. They highlight the interdependence between Congress and the nation, suggesting that a divided or unsettled nation will inevitably lead to a divided Congress. In such scenarios, the capacity for citizens to make 'honorable determinations' of their representatives becomes crucial. This perspective shifts the focus from blaming the Constitution to examining the responsibilities of citizens and the political culture they have created.
The criticism of the Constitution's inability to resolve deep conflicts is not isolated to "Keeping the Republic". Other scholars, such as Sanford Levinson, Robert Dahl, and Daniel Lazare, have also critiqued the Constitution's role in paralyzing democracy and its failure to address certain issues adequately. For example, the age limitations that bar younger individuals from holding certain offices, the structure of the Electoral College, and the equal state representation in the Senate have been identified as areas where the Constitution falls short.
One of the fundamental criticisms within this context is the Constitution's historical compromises with slavery. Articles I, IV, and V of the Constitution included provisions that directly or indirectly perpetuated slavery and inhibited efforts to address racial discrimination and inequity. Critics argue that these compromises, such as the three-fifths compromise and the moratorium on banning the slave trade, are significant failures in the Constitution's ability to resolve deep conflicts, particularly regarding racial justice.
While some critics advocate for amendments to address these shortcomings, others emphasize the delicate balance between reform and preserving the stability of the Constitution. Scholars like Harvard Law Professor Alan Jenkins highlight the South African Constitution's explicit provisions for addressing racial discrimination and guaranteeing basic rights. However, he also acknowledges the importance of ensuring that amendments are driven by broad societal agreement rather than political whims.
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Anti-democratic elements
One of the strongest criticisms of the US Constitution is that it contains anti-democratic elements. Sanford Levinson's book "Our Undemocratic Constitution" (2006) explores this theme, as do Robert Dahl's "How Democratic is the American Constitution?" (2001) and Daniel Lazare's "The Frozen Republic: How the Constitution is Paralyzing Democracy" (1996).
These works identify several anti-democratic features of the Constitution. Firstly, they criticise age limitations that prevent younger people from holding certain offices, such as representative, senator, or president. Secondly, they take issue with the Electoral College, which has been blamed for close and disputed elections. The equal state representation in the Senate, including the fact that each state gets two senators regardless of population size, is also seen as undemocratic.
The structure of the separation of powers and checks and balances has also been criticised. Levinson and other authors are critical of bicameralism, the presidential veto, and judicial review. They argue that these institutions can paralyse democracy and hinder progress.
Additionally, critics have judged the Constitution harshly for its compromises with slavery. The three-fifths compromise in Article I, Section 2, the provision for a fugitive slave law in Article IV, Section 2, and the moratorium on banning the slave trade until 1808 in Article V are all examples of this. While the Constitution does not use the words "slave" or "slavery", its compromises with the institution of slavery are a significant source of criticism.
The Constitution has also been criticised for its failure to explicitly provide for certain basic rights and guarantees, such as the right to housing, education, and basic economic survival. For example, the South African constitution explicitly allows for laws aimed at advancing equity for historically disadvantaged groups, something that is lacking in the US Constitution.
Furthermore, critics argue that the Constitution is too difficult to amend, hindering the ability to make necessary changes. While the framers of the Constitution intended to prevent it from being changed based on political whims, critics argue that this rigidity creates a barrier to much-needed reforms.
In response to these criticisms, defenders of the Constitution argue that it is a successful approach to governing a large geographic area and that it is based on a correct understanding of human nature. They also refute the notion that the Constitution is to blame for all the nation's problems, asserting that many issues arise from citizens and the larger political culture.
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Treatment of race
The treatment of race in the US Constitution has been a subject of criticism and debate. While the Constitution is meant to guarantee equality, critics argue that it falls short, particularly in its original form, which did not explicitly mention race, colour, or slavery. The absence of these terms, it is argued, allowed for the preservation of the slave trade, the three-fifths clause, and the repeated relocation and attempted genocide of Indigenous people.
The Thirteenth Amendment, enacted after the Civil War, prohibited slavery in the United States, but critics highlight that the delay in addressing slavery in the Constitution gave it constitutional status and maintained the institution for a longer period. The Fourteenth Amendment was intended to secure the civil rights of all citizens, regardless of race, and to protect against unequal treatment under the law. However, the Supreme Court's interpretation of the Equal Protection Clause has been criticised for being too narrow and striking down laws promoting equal opportunity, such as the Voting Rights Act of 1965.
The Fifteenth Amendment secured the right of all citizens to vote regardless of race or colour, but critics point out that the absence of specific terms like "black" and "white" in the Constitution allowed for the exclusion of Blacks from the right to bear arms and the creation of "`separate but equal` facilities", cementing racist Jim Crow-era laws. The broad interpretation of the Equal Protection Clause by the Supreme Court has also led to ongoing debates about whether considering race in university admissions, employment, and government contracting is unconstitutional.
While the Constitution is meant to ensure equal protection under the law, critics argue that the treatment of race in the document has been inconsistent and harmful. The failure to explicitly address slavery, race, and colour in the original Constitution allowed for discriminatory practices to persist and be ingrained into the legal system. The interpretation and application of amendments like the Fourteenth and Fifteenth Amendments have also been criticised for not doing enough to address racial inequality and promote equal opportunity for all citizens.
Despite the criticisms, some argue that the Constitution's focus on individual rights and equality aims to ensure that no one is left out, regardless of their race or background. However, the interpretation and enforcement of these rights have been a continuous area of debate and contention, with the Supreme Court playing a significant role in shaping the understanding and implementation of racial equality in the United States.
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Frequently asked questions
Critics of the US Constitution have argued that it is to blame for America's political difficulties and that it has failed to resolve deep conflicts in American society.
Aziz Rana, a professor at Boston College Law School, is a prominent critic of the US Constitution. In his book, "The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them", Rana presents a history of the Constitution's critics and argues that the Constitution is flawed and has become a central part of American identity.
Some criticisms of the US Constitution include its alleged inability to resolve deep conflicts in American society, its constraints on simple majority rule, and its treatment of race and racial discrimination. Critics have also argued that the Constitution's checks and balances are manifestations of a "mechanistic" conception of politics, rather than a sophisticated understanding of human nature.
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