Promoting Democracy and Constitutional Government - Term Paper Example

Baker vs. Carr in promoting Democracy and Constitutional Government: The American constitution provides for a democratic form of government. Democracy is a system of majority rule, characterized by the notion of a one man one vote system.In 1788, the United States constitution adopted the notion of natural freedom and equality1.The provisions of this constitution provided for an elected government, and it was concerned with the civil rights and liberties of all America citizens. Due to these changes in the constitution, democracy was entrenched in the social lives of all America citizens. During this period, democracy led to a political, social and economic equality. However, during this period, slavery was not abolished in United States of America. It was an economic and social institution.On this note, a variety of civil rights movement arose to advocate for the abolishment of slavery, and recognition of the black people as Citizens of United States of America2. This would allow them to enjoy greater freedom and equality that emanated from democracy. Various amendments were made to the American constitution were made to abolish slavery, and advocate for the right of every American citizen to vote. In 1865, the thirteenth amendment recognized the concept of natural freedom, and abolished slavery.The fourteenth amendment spelt out the qualifications of a citizen, and spelt out their rights and liberties. The Fifteenth amendment was ratified in 1870, and it gave all American the right to vote, irrespective of race, religion or color.On this note, the American system of democracy is termed as the constitutional democracy. Constitutionaldemocracy is always subject to the rule of law. The elected representatives of the people must exercise power3, basing on the requirements of the law, which on most occasions, advocates and protects the rights of people, and their freedom. On this note, the Judiciary, and in particular the United States Supreme Court plays an important role in ensuring that the democratic process of United States of America adheres to the law. In the case Baker vs. Carr, the court made an important ruling regarding the one man one vote system. This paper examines the importance of this ruling in promoting the principles of democracy and constitutional rule in United States of America. This paper observes that, the ruling was very important in promoting democracy and regulating the behavior of the American political system. This paper analyzes the case, identifies important elements in the case, which relate to promoting democracy in the State. This paper also looks at the various cases that the judiciary used to the case to solve. Baker vs. Carr, is a 1962 decision by the Supreme Courtthat decided the eligibility of the Federal and State legislature in creating new voting zones4. The defendant, in the case argued that, the concepts of redistricting, is a political issue, and therefore the judiciary does not have the authority to intervene. The Judiciary only intervenes on legal issues, and not political issues. According to the case, the Tennessee State Constitution advocate for the re-drawing of legislative districts after every ten years. The purpose of this was to equally distribute the citizens of a district. The plaintiff, Mr Baker argued that re-districting the districts amounted to a breach of his constitutional right of equal protection, as advocated by the Fourteenth amendment. However, the State of Tennessee made a defense arguing that re-districting is a political process, and the judiciary does not have an authority to preside over a political process5.However, the United Supreme Court ruled that the decision by Tennessee to allow re-districting after every ten years was unconstitutional, and it breached the right of equality as advocated for under the Fourteenth Amendment Equal Protection Clause. On this note, the state had to re-district based on the number of voters, as opposed to the size of the territory. This case, formulated the notion of the one person, one vote rule, as a guide of re-districting. On this note, the United States of America had to give every individual equal opportunity in legislative representment. The case altered the nature of political representation in United States of America, and it required every state, to re-district as many times as possible so that the composition of the districts should represent an equal number of voters.The main purpose of this ruling was to force the Federal and State government to follow the constitutional elements that allowed for equal representation in the legislature, and government. On this note, the decision by the Supreme Court was a foundation in correcting political favoritisms that elevated one group of voters, over another group6.On this note, the ruling managed to equalize the voting power across the nation, and therefore promoting democracy.Basing on this caseand the desire to promote democracy in United States of America, and advocate for the notion of Equal representation, two cases evolved in 1964. Their guiding principles was the decision by the United States Supreme Court in allowing for the re-districting of districts, based on the number of equal votes These two cases are, Reynolds vs. Sims, 1964 and Wesbarry vs. Sanders, 1964. In Sims vs. Reynolds, the plaintiff argued that the political system representation in Alabama was unequal in nature, and it therefore breached the provision contained in the Fourteenth Amendment.According to the case, the plaintiff argued that the Alabama constitution provided for one representative per countyand unlimited senatorial districts7.This altered the voting pattern in the district, to a variance of 14 to 1. For instance, in one district in every fourteen people who vote, in another district, one person will vote. Because of these inequalities in the re-districting process, the State of Alabama had unequal representation in its governance system. For instance, the data below depicts the disparities that existed in the political representation of the States and Counties in United States of America, before 19648. In Idaho, had 951 people, while the largest senatorial district had 93,400 people. In Nevada, there was unequal representation, with 17 people representing as much as 127,000 people. In Vermont, the smallest district had 36 people, while the largest district had 35,000 people. This figures represented unequal representation, and there was a breach of the Fourteenth Amendment, in consideration of the right to equal representation. This had an effect on democracy, because of unfair apportionment of people.The court made a ruling by relying on the decision of the Supreme Court in relation to Carr vs. Baker, 1962.The court adopted the principles of one person, one vote, just as the decision of the judges in Carr vs. Baker. The court ruled that the system of representation in Alabama was undemocratic, and thus violated the rights to equal representation, as advocated by the Fourteenth Amendment of the United States constitution. In Wesberry vs. Sanders, the courts also adopted the decision of the Supreme Court, in reference to the case involving Baker vs. Carr. The court required to draw congressional districts, basing on the number of voters. The court relied on the provisions of Article 1, section 2 of the United States constitution. According to the law, it requires the representatives of people to be chosen by the people of the state, and in accordance to their various numbers9. On this note, the court ruled that it is essential for a state to apportion its districts in respect to the concept of the one man one vote system.This would allow equal representation and advance democracy.In 1992, with the aim of promoting democracy and equal representation, the legislature of North Carolina created a district by connecting several areas that was characterized by the presence of many black voters. The motivation of the State in doing this was to help the minority voters, in this case the blacks. In 1999, the creation of these districts was challenged at the Supreme Court, in a case involving Hunt vs. Cromartie. However, the Supreme Court supported the decision of the North Carolina government. The court ruled thatthe new boundaries created by the State were aimed at achieving equality in representation. In an earlier case, Shaw vs. Reno 1999,10 the court ruled that the decision to create the boundaries by connecting several areas of black population was illegal, and amounted to gerrymandering. Gerrymandering is a practice that establishes electoral districts, with the aim of creating a political advantage. In the case Reno vs. Shaw 1995, the court was of the opinion that in creating the districts, the State of North Carolina gave a political advantage to the black voters. The case Baker vs. Carr is useful in preventing gerrymandering. 11This is because the case advocates for the creation of districts by basing on the principles of equal representation. This is denoted by the term, one man one vote system. It is from the case, that the American political system reflects a balanced representation. This is in accordance to the principles stated in the Fourteenth amendment concerning equality of representation in the American constitution. In conclusion, Baker vs. Carr is an important case advocating for equal representation in the electoral process of the United States of America.The case presents explains some constitutional issues that promote democracy, and at the center of dispute is whether the judiciary had the capability of determining a political issue. The American constitution provides for a three tier system, of the Judiciary, the Legislature, and the Executive. The three institutions check the excesses of each other, in relation to performing their duties. In the case Baker vs. Carr, there were two issues at question, these issues are12; The legality of a Federal court to determine a constitutional challenge to a legislative apportionment. Issues to look at, on whether a case presents a political challenge. The Supreme Court ruled that it had the capability of deciding on issues that affect the implementation of the American constitution. The court ruled that governance must reflect the notion of separation of powers. A case that touches on politics and the constitution is examined on a case by case basis, and given a constitutional approach. On this note, the decision by the Supreme Court regarding the re-districting process in Alabama was constitutional and legal. Through this case, the political system in United States of America has reflected a balanced representation of its citizens in the legislature. TABLE OF CASES: Cases Year Baker vs. Carr 1962 Reno vs. Shaw 1995 Hunt vs. Cromartie 1999 Wesbarry vs. Sanders 1964 Reynolds vs. Sims 1964 Appendix: Baker vs. Carr: This case shaped the views of democracy in relation to the constitutional value of equality in representation. Hunt vs. Cromartie: Case challenging the decisions of the court in reference to the re-districting of North Carolina. Reno vs. Shaw: Case challenging the re-districting process of North Carolina on the basis of race. Wesbarry vs. Sanders: The courts relied on the decision of the Supreme Court in the case Baker vs. Carr to rule on the constitutional requirement of equality in representation. Reynolds vs. Sims: The case was motivated by the decisions of the Supreme Court in the case involving Baker vs. Carr. Works Cited: Howard, Robert M., and Amy Steigerwalt.Judging law and policy: courts and policymaking in the American political system. New York: Routledge, 2012. Print. Rice, Arnold S..The Warren Court, 1953-1969. Danbury, CT: Grolier Educational Corp., 19951986. Print. Tanenhaus, David Spinoza. Encyclopedia of the Supreme Court of the United States. Detroit: Macmillan Reference USA, 2008. Print. Tocqueville, Alexis de, and Arthur Goldhammer.Democracy in America. New York: Library of America :, 2004. Print. Read More