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The importance of a constitution in a democracy
theevolution of the american constitutional democracy
theevolution of the american constitutional democracy
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In writing the Constitution, the Framers were aiming to rectify the states’ inadequate attempt at establishing a democratic government. They wanted to create a stronger government while simultaneously keeping it a democracy and protecting the Peoples’ power within it. Wary of monarchy, they intended to constrain their envisioned government’s power by creating checks and balances between and within its branches. Did they do a good enough job? In Section I, we see the Framers’ intentions for the legislature’s lower chamber to be the government’s source of democracy. Section II reveals the absence of an essential check on the legislative branch, and how leaving the legislature unchecked in regard to its own elections threatens democracy in the Framers’ government. Section III shows how my amendment creates the necessary checks to address this threat, and thus protects democracy and the People in the Framers’ government. I. The Constitution’s ‘Democracy Heart’: The House of Representatives The Framers shaped a government almost entirely untouchable by the People. The Judiciary is appointed by the President, who is chosen by “electors” selected by each state legislature. The Senate (also selected by state legislatures) was designed as a check …show more content…
But the government’s heart can be sapped by incumbents. This threat shows that the Framers failed to create a necessary check on the legislative branch to prevent incumbents from manipulating the districts of voters for self-gain. Hence, my amendment is necessary to protect the government’s democracy-heart. If politicians choose their voters rather than the other way around, is the United States still a democracy at all? Or is it simply a governmental tin man with no
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
Janda, Kenneth. "2 The Constitution." The Challenge of Democracy Government in America. Boston, MA: Houghton Mifflin, 2008. Print.
...ny of a branch by setting controls on each branch set by the other branches. Fairly equalizing representation in Congress protected the power of small states overall while preserving that of larger states. However, the framers may have mistakenly given the power to prevent tyranny to the government, not the people. The framers crafted a delicate system, but one that focused on creating strong inter-governmental relations. Since the first Constitution was drafted, power slowly began shifting to the national government. If the branches wished to control more, it would not matter if they controlled each other because they would all move together. The focus on creating a government as far away as possible from despotic in a group of white, mostly wealthy, and educated landowners may have prevented the creation of the sort of tyranny-free system the people wished for.
In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government's nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government. However, the power of the majority can exceed its limits. Tocqueville believed that the United States was a land of equality, liberty, and political wisdom. He considered it be a land where the government only served as the voice of the its citizens. He compares the government of the US to that of European systems. To him, European governments were still constricted by aristocratic privilege, the people had no hand in the formation of their government, let alone, there every day lives. He held up the American system as a successful model of what aristocratic European systems would inevitably become, systems of democracy and social equality. Although he held the American democratic system in high regards, he did have his concerns about the systems shortcomings. Tocqueville feared that the virtues he honored, such as creativity, freedom, civic participation, and taste, would be endangered by "the tyranny of the majority." In the United States the majority rules, but whose their to rule the majority. Tocqueville believed that the majority, with its unlimited power, would unavoidably turn into a tyranny. He felt that the moral beliefs of the majority would interfere with the quality of the elected legislators. The idea was that in a great number of men there was more intelligence, than in one individual, thus lacking quality in legislation. Another disadvantage of the majority was that the interests of the majority always were preferred to that of the minority. Therefore, giving the minority no chance to voice concerns.
James Madison begins his famous federalist paper by explaining that the purpose of this essay is to help the readers understand how the structure of the proposed government makes liberty possible. Each branch should be, for the most part, in Madison's opinion, independent. To assure such independence, no one branch should have too much power in selecting members of the other two branches. If this principle were strictly followed, it would mean that the citizens should select the president, the legislators, and the judges. But, the framers recognized certain practical difficulties in making every office elective. In particular, the judicial branch would suffer because the average person is not aware of the qualifications judges should possess. Judges should have great ability, but also be free of political pressures. Since federal judges are appointed for life, their thinking will not be influenced by the president who appoints them, or the senators whose consent the president will seek.
Within the Constitution, there are many features that are absolutely vital to the success of not only the longevity but success of the government it established. Certain features prevent one aspect of government becoming tyrannical in its power, and some establish the role of constituent states in policy making. While each of these is different, each with a similar role, each must be examined for the reasoning behind their addition to the Constitution. These specific additions are checks and balances, the separation of power, and Federalism.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and separation of powers proved to be the most significant obstacle in the path to emancipation for slaves in the 19th century. The way in which federalism is laid out within the constitution played a monumental role in the communication barriers that arose during the 1906 earthquake, delaying assistance to thousands of Californians. Lastly, a number of constitutional provisions, including voting rights and the 3/5 compromise, impeded the struggle for civil rights in the 20th century, again exemplifying that lack of efficiency that the constitution produces.
The scenes in creation being intellectual, the put together of constitutional democracy was very empirical. The Constitutional Convention was convened to formulate the constitution. What had to be clear was that the only way to assure a functioning constitutional democracy was the public's discussion. In philadelphia the delegates compromised. The outcome was to integrate states with large populations and states with small populations with a bicameral legislative branch. Also compromises that guaranteed say from both slave owning states and non-slave states could be listened to. The Bill of Rights
It is clearly obvious that our country’s Constitution was founded on a distrust. It is Found on a distrust of large government, the public, and our elected legislature. With time people have come take on the philosophy of John Locke and Thomas Hobbes allowing them to trust our government because “People are Dumb butts” (Kallas). In recent years some of the citizens are starting to recognize the distrust in the people around them and the distrust of the people leading our country. Some of the over arching areas of distrust are the electoral college, unelected courts, the senate, and checks and balances, these parts of our government's structure enable the political leaders of our country to strip away our rights and involve their own personal interest in political decisions.
Constitutional Democracy The basic premise of a constitutional democracy is that government has rules and all of the people have voices. Through free and fair elections, we elect candidates to represent us. The Constitution of the United States guarantees us the right to do this, and to live democratically. The framers attacked tyrannical government and advanced the following ideas: that government comes from below, not from above, and that it derives its powers from the consent of the governed; that men have certain natural, inalienable rights; that it is wise and feasible to distribute and balance powers within government, giving local powers to local governments, and general powers to the national government; that men are born equal and should be treated as equal before the law.
The Need For Constitutional Reform No government in modern times has ever been elected with such a commitment to reforming the constitution as the Labour administration that won office in May 1997. Within months of its election, Scotland and Wales were on the road to devolution. Within a year, although in a very different context, the framework had been set for a devolved, power sharing government in Northern Ireland. A year after that the process was well under way for reform of the House of Lords, eliminating, in the first instance, peers whose place in the legislature was by inheritance.