Malcolm Rivera
The United States Constitution has been criticised since its inception, with some of the biggest criticisms being levelled at its treatment of race and racial discrimination, its failure to guarantee fundamental rights, and its undemocratic nature. The Constitution has been described as profoundly undemocratic by generations of abolitionists, socialists, labour activists, and Black radicals, who argue that it creates an infrastructure for minority rule and a specific brand of white authoritarianism. Critics also argue that the Constitution's checks and balances on the branches of government are anti-majoritarian and that it fails to ensure the protection of fundamental rights, such as freedom of the press, an individual's right to bear arms, and religious liberty. While some critics have called for a rejection of constitutional veneration, others acknowledge the need for an alternative vision that provides meaningful freedom and embraces self-determination. The interpretation and implementation of the Constitution have also been influenced by the interests and whims of federal judges and the political climate, leading to deeper structural flaws that are often excised from public debate.
| Characteristics | Values |
|---|---|
| Lack of respect for Congress | Congress commanded little respect and no support from state governments. |
| Lack of authority | Congress lacked the authority to act on the Treaty of Paris, which formally ended America's war with Great Britain. |
| Lack of state compliance | States rarely complied with Congress's proposals to raise revenue towards the national debt. |
| High supermajority | Congress needed 9 out of 13 states to pass any laws, making it difficult to pass legislation affecting all 13 states. |
| Difficulty in amending | The Articles required unanimous consent to any amendment, so all 13 states would need to agree on a change. |
| Lack of funds | The central government couldn't collect taxes to fund its operations, maintain an effective military, or back its currency. |
| States' foreign policy control | States were able to conduct their own foreign policies, a role that officially fell to the central government. |
| Compromise on slavery | The "Three-Fifths Compromise" counted 60% of enslaved people in each state toward congressional representation, increasing Southern representation. |
| Inability to ban slave trade | The federal government was not allowed to ban the importation of enslaved people for 20 years. |
| Minority rule | An American system of government that was meant to preserve minority rights has enabled minority rule. |
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What You'll Learn
Inability to resolve deep conflicts in American society
One of the biggest criticisms of the US Constitution is its alleged inability to resolve deep conflicts in American society. The Constitution has been criticised for failing to address the issue of slavery, with the "Three-Fifths Compromise" being a particular point of contention. This compromise, which counted 60% of enslaved people in each state towards congressional representation, disproportionately benefited the South and led to an increase in congressional seats for several southern states. While the Constitution allowed Congress to ban the importation of enslaved people, it imposed a 20-year waiting period before this could take place. As a result, the international slave trade was only formally prohibited in 1808.
The Constitution has also been criticised for its limited effectiveness in addressing conflicts between the states and the central government. Under the Articles of Confederation, the central government lacked the power to enforce its authority, as it relied on voluntary compliance from the states for funding and could not regulate trade or conduct foreign policy independently. This dynamic contributed to financial instability, as the central government struggled to collect taxes and was unable to maintain a strong military or back its currency. Additionally, the requirement for supermajority in passing laws, with 9 out of 13 states needing to agree, made it challenging to pass legislation impacting all states.
The Constitution's treatment of slavery and the power dynamics between the states and the central government highlighted its limitations in resolving deep societal conflicts. These issues persisted despite amendments like the 13th, 14th, and 15th Amendments, which abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. However, the implementation of these amendments faced opposition, and they did not fully address the deep-rooted issues of racial inequality and power imbalances in the country.
Furthermore, critics argue that the Constitution has enabled minority rule instead of preserving minority rights as intended. This critique suggests that the Constitution has been manipulated to serve the interests of a small group, undermining the principles of democracy and equal representation. The US Senate, for example, has been criticised for allowing a small number of states representing just 30% of Americans to elect the majority of US senators. This disproportion in representation contributes to the perception of minority rule and further highlights the Constitution's inability to resolve deep conflicts in American society.
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Lack of authority to resolve crises
One of the biggest criticisms of the US Constitution is its alleged inability to resolve deep conflicts in American society. This criticism is based on the idea that the Constitution is simply a set of rules and principles that cannot address the complex and dynamic nature of societal issues.
The Constitution has been criticised for its lack of authority, particularly in times of crisis. One example is the issue of slavery, which was a central debate during the Constitutional Convention. While the word "slavery" is not mentioned in the Constitution, the "Three-Fifths Compromise" greatly influenced congressional representation, with the number of seats increasing significantly in several Southern states. The Constitution also allowed Congress to ban the importation of enslaved people after 20 years, which it did in 1808. However, the delay in addressing the international slave trade was a result of the lack of authority and decision-making power of Congress at the time.
Another example of the Constitution's lack of authority is the difficulty in passing legislation. Under the Articles of Confederation, Congress needed the approval of 9 out of 13 states to pass any laws, which often led to delays and inaction. This high supermajority requirement made it challenging to enact legislation that would impact all 13 states, especially with rivalries and disagreements between them. The Articles were also nearly impossible to amend, as they required unanimous consent from all 13 states. This lack of flexibility hindered the government's ability to adapt to changing circumstances.
Additionally, the central government struggled with financial stability due to its inability to collect taxes effectively. The Confederation relied on voluntary contributions from the states, which often fell short of what was needed to fund its operations. As a result, the central government lacked the resources to maintain a strong military or support its own currency. This financial instability contributed to a sense of crisis and highlighted the lack of authority of the Constitution to address critical economic issues.
The Constitution has also faced criticism for its role in enabling minority rule, rather than preserving minority rights as intended. This criticism suggests that the interpretation and implementation of the Constitution have led to a concentration of power in the hands of a few, undermining the democratic ideals it was meant to uphold.
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Difficulty passing legislation
One of the biggest criticisms of the US Constitution is the difficulty in passing legislation. The Constitution has been described as "broken" with "baked-in flaws", with some critics pointing to the fact that it represents a compromise between small and large states, rural and urban states, and pro-slavery and anti-slavery states.
One specific criticism is the requirement for a supermajority to pass laws. Under the Articles of Confederation, Congress needed 9 out of 13 states to agree to pass any laws, making it difficult to pass legislation that would affect all 13 states. This requirement for a supermajority often resulted in frustrating delays and lackadaisical attendance, with congressmen sometimes contemplating desperate measures to achieve the necessary quorum.
The Articles of Confederation also gave states the power to conduct their own foreign policies, a role that was supposed to be fulfilled by the central government. However, the central government lacked the domestic and international power to enforce this, leading to a situation where states often pursued their own interests instead of focusing on the nation's legislative body.
Additionally, the central government struggled to collect taxes from the states to fund its operations. The Confederation relied on voluntary efforts from the states to send tax money, but the states often failed to comply with Congress's suggestions. As a result, the central government lacked the funds to maintain an effective military or support its own currency.
The difficulty in passing legislation under the Articles of Confederation led to the recognition that improvements were needed, and eventually, the Articles were replaced by the US Constitution in 1787.
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Inability to collect taxes
One of the biggest criticisms of the US Constitution was its inability to collect taxes. This was a significant issue as it led to a large national debt and hindered the government's ability to function effectively.
Under the Articles of Confederation, the national government lacked the power to tax individuals directly and had to rely on the states to contribute their fair share of tax revenue to the national treasury. The states, however, often failed to comply with Congress's requests for funding, and by June 1786, the situation had become dire. The Board of Treasury warned that unless the states adopted the measures recommended by Congress, bankruptcy and the dissolution of the Union could result.
The weakness of Congress under the Articles of Confederation encouraged delegates to pay more attention to politics in their home states and their personal affairs than to the nation's legislative body. This lack of cooperation and the inability to levy taxes directly or compel the states to do so on its behalf crippled the government and contributed to the country's financial woes.
The Annapolis Convention was convened in 1786 in response to the growing feuds over taxation, which had escalated into state retaliatory actions and tax rebellions, most notably Shays' Rebellion. However, the convention failed to remedy the defects of the federal government within the framework of the Articles of Confederation. This led to the call for a constitutional convention, which ultimately resulted in the creation of the US Constitution.
The Framers of the Constitution recognized the need for a more powerful and comprehensive unit of government, granting Congress the authority to "lay and collect Taxes" to pay off debts and provide for the common defence and general welfare of the United States. This power was not limited to the repayment of Revolutionary War debts but was also prospective, allowing the government to address financial matters more effectively.
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Lack of power to enforce policies
The Articles of Confederation, the first American Constitution, lasted less than a decade due to several shortcomings. One of the biggest criticisms of this Constitution was its lack of power to enforce policies.
The central government lacked the authority and power to enforce policies and was reliant on the voluntary cooperation of the states. It could not raise funds, regulate trade, or conduct foreign policy without the agreement of the states. The states often failed to comply with Congress's requests, and the central government struggled to fund its operations, maintain an effective military, or support its currency.
The Constitution also faced challenges due to the high supermajority required to pass laws, with 9 out of 13 states needing to agree, making legislation difficult. The document was also nearly impossible to amend, as it required unanimous consent from all 13 states.
The lack of a strong central government led to a situation where states conducted their foreign policies, and the central government could not effectively enforce its authority. This criticism of the Constitution's lack of power to enforce policies ultimately contributed to the transition to a new Constitutional era.
Additionally, the Constitution did not directly address the issue of slavery, which was a significant point of contention. The "Three-Fifths Compromise" was included, but the document did not explicitly mention the word "slavery", and it took until 1808 for the international slave trade to be formally prohibited.
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