Malcolm Rivera
The original US Constitution was not a democratic document as it did not give citizens much say in the election of their officials. The Constitution is full of features designed to limit direct popular rule. The House of Representatives was the only popularly elected body, while the franchise to elect representatives was left to the states and was very limited. The rest of the document contains features designed to thwart majority will and to protect the interests of elites. The separation of powers, for example, slows government down and makes it structurally unresponsive to large, sudden changes in popular will. The original Constitution never articulated an affirmative right to vote to anyone, and instead left the vote-granting privileges to states.
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What You'll Learn
- The Constitution did not give citizens much say in the election of their officials
- The Constitution never articulated an affirmative right to vote
- The Constitution creates a federal republic, limiting the national government's responsibilities
- The Constitution is full of features designed to limit direct popular rule
- The Constitution establishes a government that is popular, but not democratic
The Constitution did not give citizens much say in the election of their officials
The United States Constitution, despite opening with the words "We the People", did not give citizens much say in the election of their officials. The Constitution is full of features designed to limit direct popular rule. The House of Representatives was the only popularly elected body, and the franchise to elect representatives was left to the states and was very limited. Thus, the House was a somewhat democratic feature of the Constitution, while the rest of the document was a minefield of features designed to thwart majority will and protect the interests of elites.
The separation of powers, for example, slows government down and makes it structurally unresponsive to large, sudden changes in popular will. Under the original, unamended Constitution, public mood swings needed to be sustained over a long time to elect enough representatives to the House and ensure that enough senators were selected by states to serve in Congress. State legislatures, in particular, were too democratic, with small districts, short terms, and frequent elections. Executives were too weak, and courts lacked independence—in many states, judges were elected. State governments interfered with their neighbours' commerce, debased the currency, and failed to pay their debts. They passed too many laws and changed them too quickly. State legislatures acted impulsively and in ways contrary to their own long-term interests and the interests of the Union.
The Constitution aimed to create a government strong enough to achieve its ends while controlling for the defects to which popular government is prone. It creates a federal republic, where the national government is limited to a specific set of responsibilities, leaving the states free to adopt an array of policies on matters of public concern. The Constitution can be amended only by a complex series of deliberations, first in Congress and then in the states, all of which require super-majorities to succeed: two-thirds in each house of Congress and three-fourths of the states.
The original Constitution never articulated an affirmative right to vote to anyone, and instead left the vote-granting privileges to states. This has resulted in contemporary barriers to voting, such as gerrymandering, voter registration, and voter ID laws, which continue to inhibit voting.
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The Constitution never articulated an affirmative right to vote
The United States Constitution, in its original form, did not articulate an affirmative right to vote. The document left the power to grant voting privileges to the individual states, and this power has been utilised by states to restrict voting rights. For example, voting was restricted to property-owning white men, and racial minorities, particularly African Americans, were disenfranchised due to discriminatory practices and laws.
The Fifteenth Amendment, ratified on February 3, 1870, was a significant step towards addressing this issue. It granted all male citizens the right to vote, regardless of their race or previous slave status. The Amendment's text explicitly states that the right to vote shall not be denied or abridged by the United States or any state based on "race, colour, or previous condition of servitude".
However, despite the Fifteenth Amendment and its promise of equality, the Supreme Court interpreted it relatively narrowly throughout the late 19th and mid-20th centuries. The Court's ruling in United States v. Reese in 1876 determined that the Amendment did not confer a right to vote but instead prohibited its restriction. This interpretation contributed to the emergence of "Jim Crow" laws in the Southern states, which disenfranchised African Americans and curtailed their constitutional liberties.
Even today, there is no explicit constitutional guarantee of the right to vote in the United States. Qualifications for voting in House and Senate elections are still determined by each state, and voter suppression tactics, such as gerrymandering, voter ID laws, and voter registration requirements, continue to pose barriers to voting access.
The absence of an affirmative right to vote in the original Constitution has had enduring consequences, and efforts to amend the Constitution to include such a right have not gained widespread traction. While there is a "democracy movement" advocating for improvements, the lack of a unified direction and the belief that acknowledging this deficiency may weaken legal or public advocacy have hindered progress.
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The Constitution creates a federal republic, limiting the national government's responsibilities
The US Constitution, while starting with the words "We, the people", did not give citizens much say in the election of their officials. The original document did not articulate an affirmative right to vote for anyone and instead left the vote-granting privileges to the states. The franchise to elect representatives was left to the states and was very limited. The House of Representatives was the only popularly elected body.
The Constitution creates a federal republic, limiting the national government to a specific set of responsibilities, leaving the states free to adopt an array of policies on matters of public concern. This system of federalism is a source of political conflict and change, as national and state governments have different priorities and interests.
The Constitution's separation of powers makes the government structurally unresponsive to large, sudden changes in public mood. The system is designed to slow down the government, requiring sustained public support over a long time to elect enough representatives to the House and ensure that enough senators are selected by states to serve in Congress.
The Constitution also provides for limited government, with a division of power between federal and state governments. This was intended to control for the weaknesses of popular government and take advantage of its strengths. However, it has been argued that the original system limited popular influence too much, and contemporary barriers such as gerrymandering, voter registration, and voter ID laws continue to inhibit voting.
The quality of leadership in the political class and the quality of deliberation among citizens also play a significant role in shaping American politics, beyond the mere framework of the Constitution.
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The Constitution is full of features designed to limit direct popular rule
The US Constitution, in its original form, was not a democratic document. While it begins with the words "We, the people", the Constitution did not give citizens much say in the election of their officials. The franchise to elect representatives was left to the states and was very limited. The House of Representatives was the only body that was popularly elected.
The Constitution was designed to create a government that was popular, but not fully democratic. It aimed to create a government strong enough to achieve its ends while controlling for the defects to which popular government is prone. The energy and enthusiasm generated by a democratic society could not always be channelled in constructive ways, and the founding fathers wanted to find ways to discipline human nature so that human frailties could be kept at bay and human virtues could flourish.
The Constitution creates a federal republic, where the national government is limited to a specific set of responsibilities, leaving the states free to adopt an array of policies on matters of public concern. State legislatures were considered too democratic, with small districts, short terms, and frequent elections. Executives were too weak, and courts lacked independence.
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The Constitution establishes a government that is popular, but not democratic
The US Constitution, while popular, is not a democratic document. The Constitution establishes a federal republic, where the national government is limited to a specific set of responsibilities, leaving the states free to adopt their own policies on matters of public concern. This may sound democratic, but it is important to note that the Constitution was designed to limit direct popular rule. 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 prevent majority rule and protect elite interests, such as the separation of powers, which slows down the government and makes it structurally unresponsive to large, sudden changes in popular will.
The Constitution also does not articulate a positive right to vote, instead leaving the vote-granting privileges to the states. This has resulted in contemporary barriers to voting, such as gerrymandering, voter registration, and voter ID laws, which continue to restrain the power of the vote and inhibit equal citizen empowerment. Additionally, state legislatures were deemed too democratic, with small districts, short terms, and frequent elections. The executives were considered too weak, and courts lacked independence, with judges being elected in many states.
The strength of popular government lies in its foundation of popular consent and participation. However, the Constitution was crafted to control the defects to which popular government is prone. The framers of the Constitution felt it necessary to limit popular influence, and the document reflects this intention. The Constitution creates a government that is strong enough to achieve its ends while managing the weaknesses of popular government. While the Preamble clearly states, "We, the people" establish this Constitution, the government created is not democratic in the sense understood in 1787.
The Constitution's focus on limiting popular rule and protecting elite interests has had significant implications for historically disadvantaged groups. Supreme Court rulings have often reflected conservative ideology, empowering corporations and favouring particular interests. The 14th Amendment's promise of equality has been challenging to realise, and the quality of leadership and deliberation among citizens play a significant role in shaping American politics. The Constitution, while popular, falls short of establishing a democratic government.
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Frequently asked questions
The original Constitution was full of features designed to limit direct popular rule. The House of Representatives was the only popularly elected body, while the franchise to elect representatives was left to the states and was very limited. The separation of powers made the government structurally unresponsive to large, sudden changes in popular will.
Publius and the members of the Convention believed that state legislatures were too democratic, with small districts, short terms, and frequent elections. They thought executives were too weak, and courts lacked independence. They believed that the energy and enthusiasm generated by a democratic society could not be channelled in constructive ways.
No, the original Constitution never articulated an affirmative right to vote to anyone. Vote-granting privileges were left to the states.
The quality of leadership in the political class and the quality of deliberation among citizens have also played a significant role in shaping American democracy.
