Isabella Carter
The constitution is a sacrosanct document that guarantees freedom and the rule of law. However, there have been several instances of people trying to destroy it. Former US President Donald Trump was rebuked for calling to 'terminate' the constitution over the 2020 election results. Trump has also been accused of violating the constitution in other ways, such as ending birthright citizenship and firing fraud-finding inspectors general. Some people believe that the constitution is antidemocratic because it limits the power of a democratically elected government. On the other hand, the constitution is designed to protect the populace from tyrants and single rule.
| Characteristics | Values |
|---|---|
| The Constitution is anti-democratic | Sets up limits on what a democratically elected government can do |
| The Constitution is a charter of limited powers | Delegated by the people and states to the federal government |
| The Constitution is a safeguard against tyranny and single rule | Provides freedom and liberties |
| The Constitution is a safeguard against mob majoritarianism | Maintains balance and prevents persecution of the minority |
| The Constitution is sacred | It guarantees freedom and the rule of law |
| The Constitution is a safeguard of the rights of every American | Protects the rights of all Americans |
| The Constitution is an experiment | It is not perfect and can be changed through amendments |
| The Constitution is under attack by the President and the world's richest man | Violation of the law and the Constitution |
| The Constitution is being undermined by the removal of key personnel | Firing of inspectors general, FBI officials, and career civil servants |
| The Constitution is being undermined by illegal executive orders | Signing of unconstitutional executive orders |
| The Constitution is being undermined by the freezing of federal funds | $1 trillion freeze on federal grants and loans |
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What You'll Learn
The Constitution is anti-democratic
The US Constitution is considered anti-democratic by some due to several factors. Firstly, the Constitution sets up limits on what a democratically elected government can do, creating a system of checks and balances to prevent mob majoritarianism. This makes it difficult for the popular will to be identified and acted upon, and allows a minority to block legislation.
Secondly, the amendment process is criticised for being too difficult, requiring the consent of a large number of states, which empowers a small minority of states to block any proposed changes. This makes the structure of the US government almost impossible to change, preserving the anti-democratic features of the Constitution.
Additionally, the Supreme Court's power over the Constitution allows it to strike down laws passed by elected legislatures, and the lack of specified voting systems and rights in the early days of the US democracy led to the exclusion of black voters and the introduction of 'Jim Crow' laws.
The Constitution's anti-democratic nature is further highlighted by the influence of anti-democratic thinkers and the persistence of demagoguery in American politics. The right to protest, for example, is considered sacred, but the system in place makes it difficult for the majority to bring about change.
Some people who want to destroy the Constitution suggest that it is anti-democratic and that it needs to be reorganised to be more fairly representative of where people live and vote. They argue for a system that prevents an unfettered federal government ruled by popular passions, and instead promotes true freedom and equal rights for all.
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Schools are not teaching American civics
The United States Constitution is a charter of limited powers, delegated by the people and the states to the federal government. It is designed to protect the populace from tyrants and single rule, with a system of checks and balances to forestall mob majoritarianism. However, some people believe that the Constitution is antidemocratic in the sense that it limits what a democratically elected government can do.
Some people believe that schools are not teaching American civics effectively, if at all. This is a worrying trend, as it means younger Americans are less knowledgeable about civics than previous generations. A 2021 study found that only 4% of individuals attended a school board meeting in the past six months, indicating a lack of engagement with civic processes. Furthermore, a 2018 study found that elementary classrooms spend only 16-21 minutes a day on social studies, with little to no time devoted to civics.
The decline in civics education can be traced back to the 1960s, when civics offerings were slashed as the curriculum narrowed and lost ground to "core subjects" under standardized testing regimes. Today, while all 50 states require some form of instruction in civics and/or government, and nearly 90% of students take at least one civics class, the quality of education varies significantly. Students in wealthier public school districts are far more likely to receive a high-quality civics education than students in low-income and minority schools.
The emphasis on rote memorization and standardized testing diminishes the development of meaningful civic skills. To address this, some educators advocate for experience-based learning, such as having students attend school board and city council meetings, engage in local issues through letter-writing campaigns, conduct interviews with local officeholders, or host members of the state legislature in their classrooms. However, such rigorous civics education is currently not widely available.
The lack of civic education has significant implications for American society. Without a strong understanding of civics, it is difficult for citizens to understand how their nation and communities function and their roles within civil society. This can lead to a sense of disengagement and cynicism towards political institutions and officials. Ultimately, the future of American democracy depends on an informed and engaged citizenry, and schools play a crucial role in fostering this.
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The Constitution is a charter of limited powers
The US Constitution is a charter of limited powers. The Constitution was designed to establish a federal government, but also to limit the powers of that government and the governments in the states. The Constitution is a broad document with general language that grants the federal government and the states the power to legislate. However, the Constitution also makes a lot of things unconstitutional. For example, Congress can only legislate in certain areas, such as bankruptcy and the maintenance of an army and navy. The Constitution also includes the Contracts Clause, which limits how states can regulate commercial transactions, and the Bill of Rights, which protects individual liberties.
The Constitution divides power between the national government and state governments in a system known as federalism. While the federal government has significant power over the states, it is limited to the powers explicitly enumerated in the Constitution. The Constitution's Supremacy Clause establishes federal law as supreme over state law, and the Privileges and Immunities Clause prohibits states from discriminating against citizens of other states. The Constitution also limits the powers of states in relation to one another.
The Constitution protects the personal liberty of citizens from intrusions by the government. For example, Article I, Sections 9 and 10 prohibit ex post facto laws and bills of attainder, which punish individuals or groups for conduct that was not illegal at the time it was performed. Most protections for individual rights are contained in the Bill of Rights, the first ten amendments to the Constitution.
The Constitution grants the judicial power of the United States to the Supreme Court and other inferior courts created by Congress. Federal judges are appointed for life and can only hear "cases or controversies," which means they cannot perform non-judicial functions or advise the President or Congress on the constitutionality of proposed actions. The courts play a crucial role in enforcing the Constitution's limitations on legislative power by reviewing the constitutionality of legislative acts and declaring void those provisions that violate the Constitution.
The Constitution also limits the powers of the President, who is the Commander-in-Chief of the Army and has the power to grant pardons, make treaties, and appoint federal judges and other officers. The President's inherent power over matters not explicitly provided for in the Constitution is subject to debate, and Congress can pass laws over the President's veto.
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Trump's termination of rules, regulations, and articles
Former President Donald Trump faced backlash from both sides of the political divide after calling for the "termination" of parts of the Constitution. Trump, who announced his 2024 presidential bid, claimed that the 2020 election was stolen due to “massive fraud”, which he argued was grounds for the termination of all rules and regulations, including those in the Constitution.
Trump's statement was described as "strange and extreme" by Incoming House Democratic leader Hakeem Jeffries, who said that Republicans would have to choose between continuing to embrace Trump's anti-democratic views or breaking from his extremism. Other Republicans were cautious or silent about shunning the former president, with Representative David Joyce of Ohio stating that he would "support whoever the Republican nominee is".
Trump's call for the termination of parts of the Constitution came amidst multiple federal and state investigations, including the probe into classified documents seized by the FBI from Mar-a-Lago, and inquiries related to efforts to overturn the 2020 election results. Trump's supporters violently stormed the Capitol on January 6, 2021, in a bid to halt the peaceful transition of power, and he became the first president to be impeached twice.
Trump's administration has been accused of violating the law and undermining the Constitution through various actions, including illegally pardoning violent criminals, stealing funds from programs that help American families and businesses, firing public servants without cause, dissolving federal agencies, and taking taxpayer money from communities. These actions have been seen as attacks on the rule of law and the Constitution, rather than efforts to restore law and order as Trump has claimed.
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The firing of independent watchdogs
During his second term, President Trump fired more than a dozen inspectors general, including Glenn Fine, the former inspector general for the Department of Justice, and Robert Storch, the former inspector general at the Department of Defense. Trump's administration defended the decision, claiming the fired inspectors general were ""partisan bureaucrats" who "no longer deserve to serve in these appointed positions."
However, these actions have been widely criticized and deemed detrimental to government accountability and transparency. Inspectors general play a crucial role in ensuring government integrity and protecting taxpayer interests. Their independence and objectivity are vital to providing checks and balances on federal agencies. By firing these watchdogs, concerns have been raised about the potential for increased government misconduct, fraud, and abuse of power.
The firings have also led to legal challenges, with a federal judge, Ana Reyes, stating that President Trump's actions likely violated decency and federal law. Despite recognizing the illegality of the firings, Judge Reyes suggested that reinstating the inspectors general would be challenging as Trump could simply notify Congress and fire them again. This situation highlights the complex nature of addressing executive overreach and the importance of safeguarding the independence of oversight bodies to uphold the rule of law.
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Frequently asked questions
People who want to destroy the Constitution believe that it is antidemocratic in the sense that it limits the power of a democratically elected government. They believe that the Constitution upholds pure populism and that it was designed to forestall mob majoritarianism.
People have tried to destroy the Constitution by packing the Union with more states, reorganizing the legislature to be more representative, and turning the Senate into a legislative vestigial organ without any power. Some have also tried to destroy the Constitution by freezing federal grants and loans, signing illegal and unconstitutional executive orders, and attacking independent watchdogs that investigate government waste, fraud, and abuse.
To stop people from destroying the Constitution, Federal courts and the public must step up. The public opinion will matter the most in stopping these attempts. Additionally, schools across the US should teach American Civics so that people can understand the importance of the Constitution.
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