The U.S Constitution - Research Paper Example

The U.S Constitution July 19, Introduction The U.S constitution can in a nutshell be described as the supreme law of the land. Originally comprising of only seven articles, the U.S constitution of which the first three deal with the separation of powers. Here the federal government was to be divided into three branches, namely; the legislature, the executive and the judiciary. The fourth, fifth and sixth articles encompass the responsibilities and rights of the state government vis-à-vis the federal government. Since its initial enforcement in 1789, the constitution of the United States has been amended 27 times. The first 10 amendments were given the collective name of “The Bill of Rights,” while most of the other 17 basically deal with expanding individual human rights. The U.S constitution is the shortest constitution currently in force. This paper seeks to critique certain aspects of this document. Particularly relating to the democracy behind its creation and that which it inspires. According to Dahl (2003); the main way in which the constitution can be described as being democratic is the fact that it allows citizens of the land rights that can be found in the 10th amendment to the constitution. The document can also be amended in a very democratic process. This is because unlike in the document’s creation, it is elected representatives that participate in the constitutional amendment process. This brings this text to how the constitution is undemocratic. The creation of the document is itself a testament to this fact. Those who wrote the constitution were not by any means elected. They were no doubt great leaders, but the fact that there was no election proves that gave them the capacity to write the document on behalf of the entire country. It was created behind closed doors and then signed by the authors. It can therefore be argued that the undemocratic way through which the document cam to be nullifies the premise of democracy which it was meant to inspire. Other undemocratic elements of the United States constitution are; its tolerance of slavery, suffrage, limitation of Congressional power and judicial power which gives judges the ability to deem a law unconstitutional even after it has been approved by the legislature and then sighed by the president. Amar (2005) exaplsins that since its inception, the U.S constitution has been democratized over the years. One way through which this has been done is by the bill of rights. Although the bill of rights was initially signed as a compromise, it came to give most rights needed in a democracy. These include freedom of speech and freedom of press. The constitution has given more control over the United States government and are in a position to demand more from the latter. Those over the age of 18 can now vote and get to elect the Senate directly. People have also realized that they have rights and that the government has responsibilities to them. There was once a time when some people were not allowed exercise legal rights. However, de jure rights to constitutional challenge are now universal. People are now more aware of their constitutional rights and claims. By giving people more access and control over the government and its institution, democratization of the United States, the promise of a country by the people has been realized. In this respect, it is clear that over the years, substantial changes have occurred vis-à-vis the constitution changing it from the original less democratic 7 articles to a more fair and democratic constitution. Federalism basically refers to a system of government where sovereign power is, as a function of the constitution, divided between constituent political units such as states and provinces and the central government. Federalism leads to creation of federation by instituting democratic institutions and rules where power is shared between the national government and the states. Increased democratization of the United States constitution has given the people significant power and influence over both the state and federal governments. Federalists would not take a liking to this. They believe that once a representative has been chosen, it is they that should ultimately make decisions within the government. Lamm (1996) states that The Federalsists would prefer that citizens have less power over the governemnt. Therby making the government the most powerful entity in the land. As stated earlier in this text, the constitution on the United States was created not only behind closed doors, but by people who did not have the mandate to create it. Aside from being termed as undemocratic based on this, there has been controversy on how to label the document. For one, the United States constitution is a living document. Since its creation, a notable 27 amendments have been mad to it. Living documents are characterized primarily by continuous editing and updating. The thought that the constitution is elitist, that is, it gives power to a few has been labeled, among other things; blasphemous. It can to some extent be said to be an expression of philosophy. This is evident from the philosophical basis of articles such as freedom of press and freedom of expression. This is explained by Dahl (2003). He suggests that these two terms can be feectively be used to descibe the document that is the constitution of the United States of America. John Adams, in 1787 was quoted saying that democracy does not last long. James Madison, another founding father would also agree on this citing the fact that tyranny of the majority puts the whole premise of democracy at risk. This is because Tyranny of the majority represents direct democracy which means that laws are passes through votes by all people in the land. While this is a more literal expectation of democracy, the majority are not always right. Their tyranny is seen as putting democracy in the United States at risk. Tyranny of the minority has been made impossible in the U.S as the constitution is strictly not an elitist one. According to Lamm (1996), it is therefore not a big threat to the democracy of the U.S especially as compared to tyranny of the majority. When the majority make decisions the democratic system will lose credibility especially if the decisions made by the majority are not without bias or other negative influences. The U.S constitution has three aspects, the balance of power, the bill of rights and the fact that it can always be amended democratically. However, a risk to the democracy of the U.S in that it encourages tyranny of the majority would lie in the balance of power. However, during the creation of the document, Madison and other like-minded authors sought to rid the document of aspects of weaknesses that would allow the poison of direct democracy from endangering democracy in the United States. This was maintained even during the amendments. While the citizens of the U.S are able to elect their leaders, they are not consulted in the making of all pieces of legislation. This ensures that only those that have vowed to make decisions that are for the best interests of their constitutions make laws. While the constitution upholds democracy, it rids the U.S of the biggest threat to its democracy; tyranny of the majority. This is according to Berkin (2002). The separation of powers model created in ancient Greece is a governance model that shows who controls the state. Under this model, any state is divided into several branches each with its own separate powers that are independent together with responsibilities. The typical division is that observed in the U.S; legislature, executive and judiciary. This system was put in the constitution so it would act as a system of checks and balances that would counter tyranny of the majority. This system would be effective in that even if a law is passed by the majority and the president sighs it, the House of Representatives can affect its effective implementation. This has ensured that more power lies within the government and not necessarily with the majority. It has limited government to some extent and given the citizens just enough power to prevent the tyranny of numbers. An example is the Affordable Care Act. Once it was passed and signed by the president, this system by Madison involving checks and balances enabled the House of Representatives to effectively hinder its implementation. The system incorporates the need for compromise and agreement between the three branches of government. Jordan & United States. (2007) explain this fact. Conclusion The constitution of the United States; the shortest constitution in effect is a complex and well thought out document. One of its primary premises is as seen in the above text; democracy. The premise is however quite debatable owning to the fact that the document was constructed in one of the most undemocratic ways possible and that its creators were careful to design it such that it limits direct democracy. It however accords citizens of the U.S rights that are documented in the tenth amendment to the document. It ca therefore be concluded that Madison and other signatories of the U.S constitution had vision. A vision of a United States that was both democratic and not too democratic as to discredit the entire concept. To achieve this, failsafe were put into the constitution to prevent tyranny of the majority. References Amar, A. R. (2005). Americas Constitution : A biography. New York: Random House. Berkin, C. (2002). A brilliant solution. Orlando: Harcofor urt. Dahl, R. A. (2003). How democratic is the American constitution? New Haven: Yale Unive. Press. Jordan, T. L., & United States. (2007). The U.S constitution : And fascinating facts about it. Naperville: Oak Hill Pub. Lamm, B. (1996). The American constitution in context. Boston: Nova Science Publishers. Read More