Eleanor Finch
The US Constitution has been criticised for its undemocratic nature, with many of its features designed to limit direct popular rule. The US is a republic, not a democracy, and the word democracy is notably absent from the Declaration of Independence and the Constitution. The Founding Fathers were wary of too much democracy and included several anti-democratic features in the Constitution, such as the Electoral College, life tenure for Supreme Court Justices, and a Senate that underrepresents citizens. The Constitution is also difficult to amend, and its separation of powers can make the government structurally unresponsive to the majority will. However, some argue that the Constitution's checks and balances ensure that legislation is carefully considered and that it provides multiple opportunities for citizens and pressure groups to lobby.
| Characteristics | Values |
|---|---|
| Electoral College | Elects the loser of the popular vote |
| Checks and balances | Routinely produce crippling gridlock |
| Supreme Court Justices | Appointed for life |
| Senate | Under-represents most citizens |
| Separation of Powers | Makes the government structurally unresponsive to large, sudden changes in popular will |
| Supreme Court Justices | Insulated from the popular will |
| Supreme Court Justices | Approved by the undemocratic Senate |
| Difficulty in amending the Constitution | Governed by a slightly modified document written by a small number of slave-owning, wealthy White men |
| Federalism | Leads to inequality in rights to abortion, voting, access to welfare, and treatment of minorities |
| Checks and balances | Creates a system in which it is too easy for a minority to block legislation |
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What You'll Learn
The Founding Fathers were wary of too much democracy
The United States Constitution is often criticised for its undemocratic nature. While the Founding Fathers were wary of too much democracy, they did believe that a government's legitimacy should be rooted in the people. This is reflected in the Constitution's opening phrase, "We the people".
However, the Founding Fathers were also deeply suspicious of giving too much power to "the people". The Constitution is full of features designed to limit direct popular rule. For example, the House of Representatives was the only popularly elected body, with the franchise to elect representatives left to the states, which was very limited. The rest of the document contains features designed to protect the interests of elites and thwart the majority will.
One example of this is the separation of powers, which makes the government structurally unresponsive to large, sudden changes in popular will. Another is the system of checks and balances, which can make it too easy for a minority to block legislation. The composition of the legislature with two equal chambers elected by different constituencies at different times also makes it difficult to identify and act on the popular will.
The Supreme Court is another example of an undemocratic feature of the US Constitution. The Justices are nominated by the President, approved by the undemocratic Senate, and hold their seats for life, often long after they have fallen out of touch with ordinary Americans.
The US Constitution is also remarkably difficult to amend, which means that it is governed by a document written by a small number of slave-owning, wealthy White men, which does not reflect the values and knowledge of the present day.
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The Constitution is difficult to amend
The US Constitution is difficult to amend, and it is this difficulty that has led to claims that it is undemocratic. The Constitution was written by a small group of slave-owning, wealthy white men, and yet it is difficult to change or modernise. This means that the US continues to be governed by a document that was written by people who did not have the benefit of the knowledge and understanding that we have today.
The Founding Fathers were opposed to a government based on monarchy or nobility, which was common in Europe. This meant that the alternative was to base the government on the people. However, the Founding Fathers were also deeply uncomfortable with the idea of giving too much power to the people. This is evident in the Constitution, which includes features that limit direct popular rule. For example, the House of Representatives was the only popularly elected body, and the franchise to elect representatives was left to the states. The rest of the Constitution includes features designed to protect the interests of elites and thwart the majority will.
The checks and balances included in the Constitution can routinely produce crippling gridlock, and the separation of powers slows government down, making it structurally unresponsive to large, sudden changes in popular will. The Supreme Court Justices are also nominated by the President and approved by the Senate, and they hold their seats for life. This means that they can influence the country long after they have fallen out of touch with the lives of ordinary Americans.
The US Constitution is considered the hardest in the world to change, and this has resulted in a system that is unresponsive to the common citizen.
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The Supreme Court is insulated from popular will
The US Constitution is considered to be undemocratic due to the presence of several anti-democratic features. One of the most prominent examples of this is the insulation of the Supreme Court from popular will.
The Supreme Court Justices are nominated by the President and approved by the Senate, both of whom may have come to power without the support of the majority of the people. Additionally, these Justices hold their seats for life, allowing them to influence the country's laws and regulations long after they may have fallen out of touch with the lives and needs of ordinary Americans. This lifetime appointment also means that they can continue to shape the character of the country long after the President who appointed them has left office.
The insulation of the Supreme Court from popular will is further exacerbated by the difficulty of amending the Constitution. The Constitution is remarkably hard to change, even when compared to other democracies. This rigidity means that the country continues to be governed by a document that may no longer reflect the values and beliefs of its citizens.
The Founding Fathers' wariness of democracy is reflected in the anti-democratic features they included in the Constitution. They sought to limit direct popular rule and protect the interests of the elite. The separation of powers and checks and balances, while intended to ensure careful consideration of legislation, can also result in a system that is unresponsive to the needs and will of the people.
While some call for reform and the implementation of term limits for Supreme Court Justices, the very nature of the Constitution's difficulty to amend poses a significant obstacle to these efforts.
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Checks and balances create legislative gridlock
The US Constitution's system of checks and balances is a key contributor to legislative gridlock. This system, defended by James Madison in the Federalist Papers, ensures that each branch of government—the Congress, the Presidency, and the Courts—can block the actions of another branch. The rationale behind this was to prevent the government from overreaching and protect individual liberties.
However, this separation of powers has made it easy for special interests to block bills, even those supported by a majority of Americans. The US government is, therefore, unusually prone to gridlock, stalemate, and inaction. This is further exacerbated by arcane practices such as the filibuster, which allows a small minority of senators to stall the vote on a bill indefinitely.
The filibuster has been identified as a primary cause of gridlock, and several 2020 presidential candidates called for its elimination. Another contributing factor is the power of the Senate majority leader to refuse to bring bills before the Senate, as was the case with Mitch McConnell, who earned the nickname "the grim reaper" for sending Democrat-passed legislation off to die.
Additionally, the president's power of veto can also lead to gridlock. If a bill is approved by the Senate and the House, but the president does not agree with it, a bottleneck can emerge. While Congress can override the veto, it requires a two-thirds majority in both the House and the Senate.
The impact of these factors is a procedural stalemate, where no political party has enough power to enact legislation. While some view this as a positive check on government power, it can also impede coherent policy programs and necessary legislative action.
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Separation of powers slows government down
The US Constitution has been criticised for its undemocratic features, which are often attributed to the wariness of the Founding Fathers about giving too much power to the people. One such feature is the separation of powers, which divides the government into three branches: the legislative, executive, and judicial. While this system provides checks and balances to prevent the abuse of power, it has also been criticised for slowing down the government and making it unresponsive to the popular will.
The separation of powers can hinder swift and decisive action by the government, as each branch has its own set of powers and responsibilities, and legislation must go through multiple stages of review and approval. This process can be time-consuming and cumbersome, especially when there are disagreements or conflicts between the branches.
For example, the legislative branch, composed of Congress and the Senate, is responsible for creating and passing laws. However, for a bill to become a law, it must go through a lengthy process of drafting, committee review, debate, and voting in both houses of Congress, before being presented to the president for approval or veto. This process can take months or even years, especially if there are strong opposing views or political gridlock.
Similarly, the executive branch, led by the president, is responsible for enforcing the laws and managing the day-to-day operations of the government. However, the president's power is checked by the legislative and judicial branches, which can slow down or block the implementation of certain policies or executive actions.
The judicial branch, consisting of the Supreme Court and lower federal courts, interprets the laws and ensures that they are constitutional. This branch moves notoriously slowly, with cases often taking months or years to work their way through the court system. Additionally, Supreme Court justices are appointed for life, which can further distance them from the needs and will of the people over time.
The separation of powers, while intended to protect against tyranny and ensure careful consideration of legislation, can also create a system that is structurally unresponsive to sudden or urgent changes in the popular will. It provides multiple avenues for minority groups to block or delay legislation, as seen with the influence of the Tea Party in Congress despite their low numbers. This feature of the US Constitution has contributed to the perception that the government is often frustratingly slow and ineffective in responding to the needs and desires of its citizens.
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Frequently asked questions
The US Constitution is considered undemocratic because it includes several anti-democratic features, such as the Electoral College, checks and balances, and lifetime appointments for Supreme Court Justices. The Constitution was designed to limit direct popular rule and protect the interests of elites, and as a result, it often frustrates democracy and is unresponsive to the common citizen.
One example is the Electoral College, which has resulted in the loser of the popular vote becoming president, as seen in the 2001 and 2017 elections. Another example is the Senate, which grossly underrepresents most citizens and contributes to the gridlock in the political system.
The Founding Fathers were wary of too much democracy and intended to create a government that balanced popular rule with other considerations. They were influenced by the model of republicanism and sought to avoid the vulnerabilities of pure democracy, such as the passions and shortsightedness of the masses.
The US Constitution is notably more difficult to amend than the constitutions of other advanced democracies. This rigidity has resulted in a document that fails to keep up with evolving democratic ideals and the changing definition of "the people."
There are reform groups advocating for changes to the Constitution to enhance its democratic nature, such as introducing term limits for Supreme Court Justices. However, the very nature of the Constitution's difficulty to amend poses a significant obstacle to these efforts.
