American Constitution of 1787 and pluralism - Essay Example

American Constitution of 1787 and pluralism The constitution of the United s of America was adopted on the 17th day of September in the year 1787. The constitution was passed by a constitutional convention that took place in Philadelphia, Pennsylvania. The constitution took effect on March 4, 1789. The delegation intended to amend the Article of Confederation and set up a new scheme of government. Through intensive debates, the delegation came up with a brilliant federal organization that had a complicated system of checks and balances. They came up with a bicameral legislature that had equal representation in the upper house as well as a relative representation in the lower house. Thus, the main outcome of the convention was a federal government that worked through a constitution that ensured that freedom equality and order prevailed in the country. The American constitution of 1787 promotes the application of pluralism in the USA thus giving the citizen power to govern their nation. Pre constitution America In the 1970s USA did not exist but there were just thirteen colonies under the Great Britain. In the 1970s, not everyone in the United States of America had the same opportunities. Blacks, women, Native Americans, and poor men had no voting rights and could not hold any elective posts. The British colonies in North America adopted their form of governance even after independence. The early leaders of Americas believed that everyone had basic rights that they referred to as natural rights. The natural rights included the right to liberty, life, and property. The founding fathers believed that the only way to ensure that everyone got their basic rights was to form a government that operates under certain laws. The founding fathers studied governments in the history. Most of their interest was in the Roman Republic, a government that existed about 2000 years before the USA was founded. This must have really influenced the drafting of the American constitution of 1787 states (Guide and Reader for American Government and Politics in the New Millennium 187). Rights and freedoms The fact that the authors of the 1787 constitution valued freedom in regards to the pursuit of freedom to own property and contentment, represented 12 of 13 states, and knew the importance of order is an indication that they would create a pluralist democracy. All fifty-five states delegates who went to Philadelphia to make the constitution believed that the people had to have economic and religious freedom in which they can express their opinions to make the USA a better place to live. Moreover, they had the understanding that ownership of property was an individual right and neither the state government nor the federal governments could deny the people such rights. “Their vision was that individuals would be to define their interests in terms of the national government and strengthen it” (American Government and Politics in the New Millennium 56). The authors of the constitution “realized that without a strong national government, the U.S. would implode because of the failure of the state governments to cooperate and look beyond their parochial interests” (states Guide and Reader for American Government and Politics in the New Millennium 54) Branches of the government Federalism advocates that the constitution made a pluralist democracy by creating separate levels of government so that the laws made by the officials would represent many interests from diverse states. Separation of Powers and Checks and Balances create a pluralist democracy through purposely making four institutions of government that are chosen in a staggered selection so that they would not be loyal not only within themselves but certainly not to others. The constitution purposely separated the national government into three parts- executive, judicial, legislative- and provided them with shared powers. Madison realized that “Besides separating the government into three branches also having each branch responsible for some of the functions of the other two would, by reducing the concentration of power in each, less on the likelihood of the tyrannical leadership” (American Government and Politics in the New Millennium 66). At the same time, the constitution made it very hard for these branches to change the laws. For example, senators are staggered and represent fifty different states that are made of unlike interest. Also, the House and the Senate have to agree on an identical article so that it becomes a law. “A free society has much to fear from despotic legislation and so the law making power must surely be shared across the three branches”. This explains that the authors of the constitution believed that a majority and minority will form if there was not any separation of power along with checks and balances. Law making and amending process The fact that the lawmaking process involves the House of Representatives, the congress and the president makes sure that the bills that are passed law do not serve the interests of individuals. The bills have to pass through the lower and upper houses for debates and finally they are voting for. In case a bill gets a majority of votes from both houses, it then proceeds to the president for approval and signing. If the president feels that the bill is not worth signing he or she can take it back to the lower house. However, if both the lower and upper houses believe that the bill would be good for the country they can override the president’s veto powers. This can only happen if 2/3 of the members in both the upper and lower houses vote for the bill to become law (American Government and Politics in the New Millennium 159). In such a case the bill will become law without the president’s assent. Elections The citizens of the USA were given the right of indirectly selecting three of the four government institutions. This was to make sure that the government in insulated from the poor. In a way it still represented a wide variety of state intersects. The fact that elections are staggered makes sure that new issues are brought to the government as they arise. Through the electors eligible voters will be able to elect representatives who would represent their interests in the legislature. Unlike in the past when Blacks, women, Native Americans, and poor men were not allowed to vote, the constitution of 1787 gave this right to all the eligible USA citizens (states Guide and Reader for American Government and Politics in the New Millennium 201). Diversity The constitution of America advocates for diversity in religion. There is a provision that public officials would not require any religious test. The opening statement of the first amendment states that, “Congress shall not make any law respecting an establishment of a religion, or prohibits the free exercise thereof.” The diversity that is most considered in this constitution is that of large states and large states. This makes sure that the interests of the large states are not considered at the expense of those of small (states Guide and Reader for American Government and Politics in the New Millennium 113). Slavery Slavery indicates pluralist democracy, because it is an obvious evidence difference in states’ intersects. Northern states wanted south to abolish slavery because northerners needed cheap labor in order to start industrial metropolis. The south wanted to take advantage of slavery and they know that “The end of slavery would have meant the end of the Union” (American Government and Politics in the New Millennium 62). Southern were worried about their political rights while Northern wanted them to be ignored in order to keep their political power high. This showed that the country was divided into two halves and that they didn’t care about any of the other states. “Ultimately delegates compromised. They agreed that the importation of slaves could continue for the time being. However, 20 years after the ratifications of the constitution, Congress would have the authority to limit slave trade and slavery in the United States of America.” (American Government and Politics in the New Millennium 62). Strength of federal government Pluralist democracy is just in terms of the order. In this system, the national government is strong and it pushes the branches of government and the people and organizations with different interest to compromise. The authors of the U.S. constitution believed that because they're so many interesting, factions inevitably arise and try to force their will on others. According to Madison, the problem of factions was that group might get power and they would force it on the minority to rule the government. He explained that in order to prevent the potential for tyranny at the hand of the majority, as well as the minority, is to design a constitutional system that actually encourages factions. Furthermore, the factions would be controlled by the government and that no one group can be more powerful than the government and “a representative government covering a large area will ensure that government represents many diverse interests and that no one faction will be able to dominate" (American Government and Politics in the New Millennium 239). Superiority of the supermajority over the majority Supermajority requirements and the amendment process represent a pluralist democracy through making the process of governing over others different so no one group can rise up and govern. For instance, for the U.S. to make a treaty, 3/5 of the Senate has to be in favor. Also, the congress has the power to override when 2/3 of the House and 2/3 of the Senate support the override. Congress can override a President’s veto, but “Such an override requires 2/3 vote in both chambers. Overrides are very rare; they are very slow and hectic” (American Government and Politics in the New Millennium 305). Conclusion The constitution of the United States of America has been highly instrumental in promoting pluralism in the United States of America thus giving more power to the common citizens. This is evident in the way it has enhanced peaceful co-existence amongst the citizens despite their massive diversity. “The constitution gives all the citizens basic right while at the same time giving them the power to participate in the country’s governance through electing their various leaders.” (Study Guide and Reader for American Government and Politics in the New Millennium 111). Since the constitution divides political power over a large number of organizations and individuals, there is a minimal likeliness national decision being made by a single group or individual. “The constitution is also designed in a way that all the diverse interests of the several states in the country are put into consideration” (American Government and Politics in the New Millennium 205). This is achieved through a balance check system where individuals in power and groups are given the mandate to put a check on each other. This is also enabled by the fact that there are indirect selection of members in 3 out of the four national institutions. References Stowitts, Ginny. American Government and Politics in the New Millennium, 8th edition. New York: Abigail Press, 2005. Print Stowitts, Ginny. Study Guide and Reader for American Government and Politics in the New Millennium, 8th edition 3:Canon, The Enduring Debate 6th edition: New York: Abigail Press, 2006. Print. Read More