American Experience of Democracy - Coursework Example

American Experience of Democracy : American Experience of Democracy Introduction North America is one of the greatest examples of successful democracies in the world. America, the new land that beckoned one and all to its shores, redefined the very meaning of democracy to the rest of the world, by demonstrating that democracy is very much a workable, practical, and progressive form of governance. European settlers who immigrated to the 'new world' found an endless array of opportunities unfolding before them; simultaneously they also realized that the 'new world' also envisaged hard work and toil irrespective of the traditional class, creed, and blood distinctions that ruled and is still found in much of Europe. However, the path to success and development has not been exactly smooth. The concept of democracy is so deeply-rooted in every bit of the American way-of- life that it is almost taken for granted. This has led some to question if indeed constitutional democracy is a better political system, suitable for the United States of America. This essay shall briefly address the question of the suitability of democracy as a form of government in the United States and, analyze the ways in which it works. The essay shall also try to understand the kind of challenges that the US had to overcome, some of the issues of debate that have helped redefine the American experience of Democracy. In the process, it shall explore the terms 1) government power 2) tyranny 3) equality 4 liberty 5) rights and freedoms, in the context of the American struggle. The Thirst for Freedom - The Birth of a New Democracy Years of living and thriving in freedom has made it almost invisible. Few people in the modern day United States realize the modes and manner in which democracy and freedom has nurtured their individual rights and paved the way for their progress and enterprise. Going back into history, the very birth of the American nation took place due the suffocation and repression of basic human rights in the then prevalent in the British colonies of North America. It would be difficult for any student studying the struggle for American independence, to miss the feeling of suppression and victimization suffered at the hands of the British colonialism. The parochial manner in which the British had pursued its own interest at the cost of the welfare of it North American colony is evident in the document Declaration of Independence (pp. 2-4). The document accuses the then British Crown explicitly of tyranny, and absolute despotism (p.2). It clearly explicates the extent to which the basic rights of citizens in the British colony of North America were usurped by the British powers. It is pertinent to study this document in some detail because the founding fathers of the constitutional democracy have based their statements of declaration of independence and thus forming a union of thirteen states under the common cause of revolt against the British colonialism. The seeds of American democracy can be found in this document, and would help to obtain better understanding with this context is held in the background. The American system of democracy aimed to fortify its own constitution wherever it perceived injustice in the parent British monarchy. For example, the King had dissolved Representative Houses repeatedly and invaded into the rights of the individuals time and again, which was perceived as not only unjust and undemocratic; it also made the American democratic system stronger through a series of amendments that refined and plugged the weaknesses in the system constantly as can be understood from the document the Bill of Rights (Amendments 1-10 of the Constitution). Amendment VI of the said document, specifically deals with crime and how crime shall be dealt with under the democratic law. It thus gives the broad framework, within which lies the powers of the government and the rights of the individual citizen. The Constitutional Democracy of the New World Constitutional democracy is a better political system, and the most suitable for the United States of America because, it believes in equality all men (Declaration of Independence, p. 2, par 2). Reiteration of the belief that 'all men are created equal' (Declaration of Independence, p. 2, par 2) is vital to the strengthening of bonds and unity in a nation that has taken birth from peoples of many origins and races. In such a situation wherein all men are deemed equal, the mother document of American freedom and liberty - Declaration of Independence further states that, human beings are bestowed with three basic rights by the Creator, namely 1) Right to Life, 2) Right to Liberty and 3) Right of Pursuit of Happiness (p.2), which becomes the basis of the rights and freedoms, that can be enjoyed under the umbrella of the constitutional democracy. The concept of Liberty is naturally integral to democracy. Liberty, therefore can be understood as the right to make a choice within the legal means and modes to preserve one's life, pursue interests of safety and happiness, to pursue basic education, religion and exercise his franchise as he deems fit as long as it is within legal limits defined by the state; he shall be provided equal opportunities towards meeting his aspirations by the state, as is given in detail in the Bill of Rights (Amendments 1-10 of the Constitution). This concept of liberty is further extended to departments or bodies of functionaries, and the preservation of liberties is elaborated upon by James Madison in The Federalist Papers (51), and has a close link to how power is defined. Similarly, De Tocqueville too states in "Democracy in America" that the American legal system allows its functionaries a certain amount of freedom within their respective spheres of function, to go about their duties - and this is their power (p. 43). He states that each functioning department of the government should have a body of members whose appointments and agency should be independent of the others, so as to ensure liberty of departments (p. 31). Thus, it brings to focus the importance of defining what may be defined as the powers of the government. Government is constituted of several bodies of functionaries to perform specific duties, as seen above. Such governmental bodies shall through the formation of their internal structuring, and its various smaller constituent bodies and their mutual relations ensure that the governmental bodies function effectively, and keep each other in check, according to Madison (p. 31). Power and control is an integral part of any form of governance. Too much authority and power with a single ruler tends to be more despotic, and too much freedom placed in the hands of the citizens, makes governance difficult or impossible, and ineffective, leading to anarchy. It is the delicate balance of collective power in the hands of the state on one hand, while ensuring that all the citizens still enjoy their individual space of freedom on the other, that make a living democracy. James Madison delineates the constitution of the United States has been refined and amended after taking into consideration various complaints and views in his work The Federalist Papers (10). He explains how the power itself has been distributed, so as to check and counter check the vices of power-abuse by 'factions,' which may be either a collective body of citizens, majority or minority (pp.41-42). Madison suggests two methods to negate the misuse of power by factions, namely a) by removing the causes and b) by controlling its effects (p.42). De Tocqueville has observed in his recordings "Democracy in America" (p.44), monarchies were prone to becoming too suppressive and despotic in their rule- by holding too much power in its hands and thereby intruding into the freedom of individuals. A monarch's power is mostly physical and this may tend to become tyrannical (discussed in more detail in the later parts of this essay). One should particularly note that democracy as it exists in America is very different from that which exists in Europe (p.43) - where initially it was thought that democracy tended to lead to anarchy. Discussion of power introduces the concept of Tyranny; De Tocqueville observation of tyranny is linked to the way in which power is exerted. When power is used to serve the interests of the ruled, then he observes that it may be called arbitrary; it still makes use of the legal instruments to do this. However, in the case of tyranny, the legality of the instrument may be completely ignored to favor or benefit or favor a few, ignoring the majority (p. 43). And he states that, in the United States the democratically elected majority which comes to rule, ensures that the power is arbitrary and never tyrannically used (pp.43-44) as in the case of despotic rulers. In order to safeguard against the tyranny of the majority, De Tocqueville holds that the laws of justice become the limit or the boundary of each of people's right (p. 41). Furthermore, he states that in order to prevent the tyranny of majority, independent legislative bodies - like a social body, which is not dependent on the judiciary, or ruling body should be formed. Challenges and Issues Faced by the Democracy The constitutional democratic system as adopted in the United States is indeed best suited for a nation like the United States. This is because, the constitution believes in the concept of equality of all men, as mentioned in the earlier part of the essay. The nation continues to attract people from multifarious backgrounds, regions, ethnicities and cultures, and as such, it is essential that this principle is preserved with the utmost care and concern. Furthermore, equality of all men means, irrespective of their race, language, religion, they shall be provided equal opportunities to have basic amenities provided by the state like education, access to social security and welfare, and fulfill their aspirations to lead a life of happiness. They shall not be discriminated upon because of their gender, color, language, religion, or ethnicity. However, the United States faced its greatest challenge in this very aspect. De Tocqueville laments that there have been some limitation of carrying the rights of equality to the extreme. One example is the laws of inheritance and the impact it has had on economy and the general prosperity of the peoples; and its indirect impact on the breaking of the family structure in the United States (pp. 37-38). He states that the death of a property owner, leads to some drastic changes in the way the property is continuously brokered into smaller pieces amongst its inheritors. This, as compared to countries wherein equal inheritance of property is not the rule, has become the cause of rapid breaking up of fortunes, especially in agrarian communities and nations, he observes (p.38). The second impact and challenge that this law of equal inheritance has posed in the United States is the degeneration of the family structure. He states clearly that in the nations wherein the laws of inheritance were not based on equality, but on birth, there was a strong association of the land, property and the family name, fame and fortune. The land represented the family and vice versa. The laws of equal inheritance changes all that, and gradually when the inheritors gained the freedom to sell their piece of the property, the association that form the roots of the family structure, started disappearing. Another issue that has been a challenge to the great American democracy is the abolition of prejudice - especially with regards to race and color of skin. De Tocqueville points accurately to the fact long after slavery has been abolished from the face of the nation the prejudice that has arisen from the memories of slavery has not been abolished in the minds of men (p.45). Though much progress has been made in this particular aspect since the time of abolition, much ground needs to be covered yet, and that racial prejudice remains a challenge in the United States till date is an irrefutable fact. This is understood from the recent reactions and incidence of violence against all Asian bearded men, since some of the Islamist terrorists were bearded men. This reminds one of the other aspects of prejudices and inequalities that are only thinly veiled under the demeanor of civilization - religious prejudice. Conclusion The great American democracy was born out revolt against the inequality meted out to its citizens by the British monarch. Thus, the rights and freedoms bestowed on the newly declared independent American nation were clearly defined in the American Constitutional laws, as given in the Bill of Rights, and refined in its subsequent amendments. The democratic principles embedded in the constitution have been delineated in detail, explicating the depth and thoroughness of thought that behind the framing of the rules by the founding fathers. It has taken into account the concepts of liberty, equality, rights and freedoms, governmental powers, and tyranny and scholars like Madison and De Tocqueville amongst others have described the advantages and dangers inherent in them. The readings have clearly brought to light the advantages of the constitutional democracy as existing in the United States, and have also provided food for thought regarding the shedding of prejudices of various sorts. This may ultimately prove to be the greatest challenge yet, to the largest melting pot of world cultures - The United States of America. List of works cited The four sources of this essay are 1) Declaration of Independence 2) De Tocqueville "Democracy in America" 3) The Federalist Papers (10 & 51) by James Madison and Bill of Rights. Webpage retrieved on 8 Nov, 2007, from http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm Read More