Jonah Patel
The US Constitution has been criticised from various angles since its adoption. Criticisms range from its failure to abolish slavery, its blindness towards race, gender, and class, to the power and prestige surrounding the American president. Some critics argue that the Constitution is undemocratic, while others point out that it is inadequate for modern times and needs reform. The Constitution has been amended numerous times, and while some see this as a strength, others argue that the amendment process is too difficult, leading to a lag between societal changes and constitutional updates.
| Characteristics | Values |
|---|---|
| Failure to abolish slavery | Criticism that the Constitution failed to abolish slavery in 1787 |
| Blindness toward race, class, gender, and political equality | Thurgood Marshall's criticism that the Constitution has failures with respect to race |
| Serves the interests of a wealthy elite | Criticism that the Constitution serves the interests of a wealthy elite |
| Lack of focus on women and gender | Feminist critique that the Constitution is silent about women and gender |
| Undemocratic | Criticism that the Constitution is undemocratic |
| Inability to adapt to changing conditions over time | Criticism that the Constitution is unable to adapt to changing conditions over time |
| Difficulty of the amendment process | Criticism that the process of amending the Constitution is too difficult |
| Conflict between states and the federal government | Criticism that the Constitution's structure leads to conflict between states and the federal government |
| Legitimacy | Criticism that the Constitution lacks legitimacy due to its creation by the Continental Congress |
| Power of Congress | Criticism that the Constitution grants too much power to Congress |
| Power of the President | Criticism that the Constitution gives too much power and prestige to the President |
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What You'll Learn
The Constitution's treatment of race, gender and class
The US Constitution has been criticised for its treatment of race, gender and class. The document has been described as having "limited, or arguably even negative, perspectives on race, class, gender, and political equality".
Race
In 1987, Justice Thurgood Marshall criticised the Constitution's failures with respect to race, calling into question the appropriateness of celebrating the bicentennial of the Constitution without reservations. The first three words of the document's preamble are "We the People". When the Founding Fathers used this phrase in 1787, they did not have in mind the majority of America's citizens. This is evidenced by the Supreme Court's decision in Dred Scott v. Sandford, which misinterpreted the Constitution as excluding people of African descent from eligibility for US citizenship based solely on their race.
Gender
The Constitution has also been criticised for its treatment of gender, with scholars bringing attention to the document's silences on women and gender. The Founding Fathers did not have women's rights on their minds when drafting the Constitution. In more recent times, the Biden Administration has argued that gender ideology, which includes the idea of a spectrum of genders disconnected from one's sex, has a corrosive impact on women, depriving them of their dignity, safety and well-being.
Class
The Constitution has been criticised for serving the interests of a wealthy elite, while doing just enough for small property owners and middle-income mechanics and farmers to build a broad base of support. These slightly prosperous people enable the elite to maintain control with minimal coercion and maximum law, all under the guise of patriotism and unity.
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The document's critics and worshippers
The US Constitution has been criticised from various angles since its adoption. Some critics argue that it has "baked-in" flaws, being a product of its time, and thus requires wholesale reformation to address modern-day challenges. Others criticise its failure to abolish slavery in 1787, its blindness towards race, gender, and class issues, and the concentration of power it grants to Congress and the President. Some even question its legitimacy, arguing that it is a compromise between differing state interests rather than a unifying document.
One of the most fundamental criticisms of the Constitution is its failure to abolish slavery and address racial injustice. Despite the inclusion of principles condemning slavery, such as "all men are created equal," the document fell short of outright abolition. This criticism is exemplified by Justice Thurgood Marshall's 1987 speech, where he questioned the celebration of the Constitution's bicentennial due to its failures regarding race.
The Constitution has also been criticised for its limited or negative perspectives on gender, class, and political equality. Scholars like Joan Hoff have critiqued the document's silence on women's rights, highlighting the patriarchal milieu in which the Founding Fathers operated. Additionally, critics argue that the Constitution serves the interests of a wealthy elite while neglecting the needs of the very poor and marginalised groups.
Another significant point of contention is the concentration of power granted to Congress and the President. Critics argue for enhancing the powers of Congress while limiting those of the President, citing the "aura of power and prestige" surrounding the presidency as excessive. This criticism is particularly aimed at the notion of the "presidential mandate," where winning a majority of votes is seen as a mandate to implement campaign promises without sufficient democratic deliberation.
While the Constitution has its critics, there are also those who appreciate its flexibility and ability to address central issues concisely. Supporters view it as a powerful document capable of adapting to changing conditions through amendments. They argue that the amendment process ensures democratic means are met before intruding on this precious document. Additionally, they highlight the Constitution's role in protecting unpopular religions, political ideas, and racial and ethnic minorities, even if this was not the framers' original intent.
In conclusion, the US Constitution continues to evoke strong opinions, with critics highlighting its shortcomings and worshippers defending its adaptability and protective features. The debate surrounding this complex document reflects the evolving nature of American society and governance.
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The Constitution's anti-democratic elements
The US Constitution has been criticised for its anti-democratic elements since its inception. The Founding Fathers were wary of too much democracy and included several anti-democratic features. Firstly, the Constitution failed to abolish slavery in 1787. While it did not positively authorise slavery, it tolerated it as a creation of state law. The compromise on slavery gave constitutional sanction to the Fugitive Slave laws, which allowed slaveholders to reclaim their escaped slaves from free states.
Secondly, the Constitution did not guarantee the right of suffrage, leaving the qualifications of suffrage to individual states. This resulted in women being denied the right to vote for over a century, and African Americans facing significant barriers to voting for almost two centuries. The Constitution also provided for the election of a president, with the Framers intending for the president to be insulated from popular majorities and congressional control.
Thirdly, the Constitution's checks and balances and separation of powers have been criticised for creating a system where it is easy for a minority to block legislation. The composition of the legislature with two equal chambers elected by different constituencies at different times makes it challenging to identify and act on the popular will. Federalism has also led to inequality, with varying rights and access to welfare across the country.
Additionally, the Constitution has been criticised for its silence on women and gender issues, reflecting the patriarchal milieu in which it was created. The Framers did not intend to empower ordinary citizens but rather to provide them with prosperity, not power. The difficulty of amending the Constitution further contributes to its anti-democratic nature, making it nearly impossible to adapt to changing societal needs and values.
While some defend the Constitution's constraints on simple majority rule, critics argue that these elements undermine democratic principles and hinder progress towards equality and social justice.
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The Constitution's failure to guarantee meaningful freedom
The Constitution of the United States has been criticised for its failure to guarantee meaningful freedom for all citizens. While it is admired for protecting the freedoms of even the most unpopular groups and individuals, the Constitution has been criticised for its inherent limitations and negative perspectives on race, class, gender, and political equality.
One of the most significant criticisms of the Constitution is its failure to abolish slavery in 1787. While some argue that the inclusion of slavery was a necessary compromise to maintain the union, others contend that it contradicts the founding principles of natural rights and equality. This criticism underscores the Constitution's failure to guarantee freedom for all, as slavery inherently denies freedom and equality to those enslaved.
Another critique of the Constitution's failure to guarantee meaningful freedom lies in its patriarchal underpinnings. Scholars have highlighted the absence of women's rights and the silencing of discussions around gender equality during the drafting of the Constitution. This exclusion reflects the patriarchal milieu in which the Founding Fathers operated, indicating that the interests and freedoms of women were not adequately considered or protected.
Furthermore, the Constitution has been criticised for serving the interests of a wealthy elite while doing just enough to maintain support from small property owners, middle-income mechanics, and farmers. This critique suggests that the Constitution perpetuates economic inequality and privileges the freedoms and interests of the wealthy over those of lower socioeconomic statuses.
In addition to these criticisms, it is worth noting that the Constitution has been criticised for its inability to keep pace with modern-day threats and challenges. As President Franklin Delano Roosevelt argued in 1944, the political rights outlined in the Constitution, such as free speech, free press, and freedom of worship, may not be sufficient to ensure true individual freedom without economic security and independence in a modern industrial economy.
While the Constitution aimed to establish a framework for governance and protect certain freedoms, these criticisms highlight its shortcomings in guaranteeing meaningful freedom for all citizens, particularly those marginalised by race, class, gender, and economic status.
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The Constitution's shortcomings and baked-in flaws
The US Constitution has been criticised for its shortcomings and baked-in flaws since its adoption. One of the most fundamental criticisms is its failure to abolish slavery in 1787, which many argue is indicative of the document's limited and negative perspectives on race. The Constitution has also been criticised for its silence on issues of gender and women's rights, reflecting the patriarchal milieu in which it was created.
While the Constitution has been amended many times, the process is challenging, requiring most states to agree, and some argue that it is too difficult to amend, leading to a "living constitution" where justices interpret it as they see fit. This has resulted in a powerful central government that some Antifederalists warned about, concerned about the abuse of government power and the domination of government by great wealth.
The Constitution's critics also point to the concentration of power in the executive branch, with some calling for a unicameral system that enhances the powers of Congress while limiting those of the president. The "myth of the presidential mandate" is criticised, where presidents claim a mandate to carry out their agenda based on winning the majority vote, despite many presidents not receiving a majority of the popular vote.
Additionally, the US Senate has been criticised for its representation, as demographers predict that in a few decades, states representing just 30% of Americans will be electing 70 out of 100 senators. This raises concerns about the tyranny of the majority and the need to balance the interests of populous and less populated states.
While the Constitution has been praised for its protection of individual freedoms, critics argue that it falls short in ensuring economic security and independence, which are essential for true individual freedom. As the nation has grown, political rights have been deemed inadequate to assure equality in the pursuit of happiness.
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