17.5 - Debates around the US Constitution

Question 1

Why did the Founding Fathers not fully advocate for democracy?

Answer 1

Madison’s belief that it would allow the ‘rights of the minor party [to] become insecure’

Question 2

What are the limits on democracy in the Constitution?

Answer 2

• The Electoral College (the indirect method of election for the President, therefore the direct influence of the public was limited and could be overturned by electors)
• An appointed Senate (the House was always elected, but the Senate was appointed until the early 1900s.)
• Equal representation for the states (larger populations are essentially undervalued due to the 2 per state rule)
• The three-fifths compromise (slaves were valued at 3/5ths of a person)
• The role of supermajorities (ensure a simple majority could not be tyrannous over the minority, but this allows for either complete ignorance of the minority or a small minority to stall major processes)

Question 3

How does the Constitution uphold the principles of liberal democracy?

Answer 3

• The Bill of Rights ensuring that individual rights are upheld. Snyder v Phelps (2011) allowing the Westboro Baptist Church to continue their controversial preaching.
• The power of the Supreme Court and it’s independence (hmm..)
• Checks and balances to ensure limited government.

Question 4

How does the Constitution uphold the principles of representative democracy?

Answer 4

• All appropriation bills begin in the House (which was initially the only elected House and is the most responsive house due to a 2 year electoral cycle)
• The House of Representatives ensures proportional representation.
• Amendments have increased the number of voters in the USA.
• The Senate is now elected.
• Amendments to the Constitution cannot be made without approval of the states.

Question 5

How does the Constitution undermine the principles of liberal democracy?

Answer 5

• Checks and balances can limit government to the extent it becomes ineffective. There have been 14 governmental shutdowns since 1981.
• The Electoral College undermines the principle of ‘free and fair’ elections, with the loser of the popular vote winning the presidential election twice in the last five.
• Not all rights have been effectively protected. Shelby v Holder and the existence of Guantanamo Bay poses questions over the effectiveness of rights protection.

Question 6

How does the Constitution undermine the principles of representative democracy?

Answer 6

• Supreme Court holding vast power to interpret the US constitution and overrule the elected branches.
• The Senate represents the USA by state rather than population, so smaller states are overrepresented.
• The requirement at numerous points for a supermajority allows for a tyranny of the minority.

Question 7

How strong is the US constitution? (Strong)

Answer 7

• The vagueness of the document allows for interpretative amendments by the Court, ensuring the relevence of the Constitution today.
• The codified nature makes it difficult to change and provides clarity as to the rights of US citizens.
• The powers of each branch of government are effectively laid out, and through the separation of powers, checks and balances alongside a short election cycle ensures the government will work in the interests of the people.
• The amendment process has worked and allows for flexibility of the Constitution.

Question 8

How strong is the US constitution? (Weak)

Answer 8

• The vagueness has allowed broader interpretation than the Founding Fathers have envisaged (namely the growth of the power of the executive).
• Where the Constitution is explicit, adaptation is prevented.
• The codified nature leads to outdated aspects being enforced in modern times, and having potential to create gridlock through checks and balances.
• The framework creates gridlock in the case of divided government, and a lack of scrutiny during unified government. In both cases, the government can be seen as ineffective.
• The amendment process is difficult, preventing necessary amendments.