12.4.1
Democracy in the Constitution
Extent of Democracy in the US Constitution
Extent of Democracy in the US Constitution
The US Constitution enshrines democratic ideals and processes, but there are some limits to this.
Democratic ideals and representation 1
Democratic ideals and representation 1
- The US Constitution enshrines ideas of democracy and individual liberty as being important for the nation and for the individuals living there.
- The Constitution and its amendments set out rights and freedoms of individuals, and has been expanded to allow more people to be represented in government.
- Because the Constitution is entrenched these fundamental ideals cannot be changed.
- The ideals are outlined in the Preamble, which says that the Constitution is put in place in order to “form a more perfect Union” and “establish Justice”.
Democratic ideals and representation 2
Democratic ideals and representation 2
- The Constitution ensures that the US will have a system of representative government.
- The Constitution puts the power in the hands of the people, making sure that government is done with consent from below.
Succession
Succession
- The Constitution means that there have to be regular elections, and this allows the American public to have control over their government.
- There are elections every two years for the House of Representatives, every four years for president, and every six years for the Senate.
- This guarantees a regular transfer of power, which is important for a democracy.
- For example, in 2018 many people were unhappy with the Republican party, and so the Democrats won a majority in the House of Representatives.
Electoral college 1
Electoral college 1
- The constitution says that the electoral college must be used to elect the president.
- The electoral college gives different numbers of electoral college votes to each state and guarantees that smaller states have power in the election.
Electoral college 2
Electoral college 2
- However, the number of electoral college votes for each state is not proportional to present day populations.
- So, smaller states get a much larger say in presidential elections - states like Wyoming with small populations have fewer people per electoral college vote than larger ones like California.
- This means that votes count differently in the electoral college system, which isn’t fully democratic.
Judicial review
Judicial review
- The Supreme Court can limit the actions of the Executive and Legislature.
- However, the Judicial Review was not in the Constitution, so the Supreme Court can decide themselves how to go about doing it.
Checks and balances
Checks and balances
- Having a separation of powers and checks and balances are important parts of the US constitution which limits the amount of power that any one individual or group can have in the US government.
- For example, the US judiciary was able to briefly stop President Trump’s travel ban in 2017.
- But, this also slows down the law-making process if there are opposing parties in different government branches.
Impacts, Strengths and Weaknesses of Democracy in the Constitution
Impacts, Strengths and Weaknesses of Democracy in the Constitution
Democracy in the constitution has several impacts, strengths and weaknesses.
Vagueness
Vagueness
- The constitution is vague which allows the ideas to be interpreted and changed according to the needs of the present day.
- For example, under the “necessary and proper” clause, the federal government can make laws that they believe are important for the continued proper running of the government, such as healthcare and welfare bills.
- But - some lawmakers and judges still wish to follow the Constitution as it was written, which may limit rights for people who were not represented by the original constitution (such as women and LGBTQ+ people).
Suffrage
Suffrage
- The amendments to the constitution such as the 19th increased the number of people eligible to vote.
- This has made the US more democratic, and the results of elections are more representative of the wishes of the population.
Judicial review
Judicial review
- The Supreme Court and judicial system still has an important part to play in maintaining checks and balances on the executive and legislature.
- The nominations for the Supreme Court are politicised, so the justices on the court may not be neutral and may make political decisions that impact groups in the US.
- For example, President Trump said that he wanted to appoint justices that did not support the decision made in Roe v Wade, which allowed women to have abortions legally.
Strengths of democracy
Strengths of democracy
- The amendment process means that any changes have to take place with consent from democratically elected representatives and state governments.
- The separation of powers limits the individual power of any one person or group to prevent tyranny and despotism.
- The frequent elections means that there can be a regular transfer of power and regular opportunities for the people to cast a vote.
- The constitution enshrines democratic ideals and was one of the first of its kind to do so.
Weaknesses of democracy
Weaknesses of democracy
- The electoral college doesn’t give equal representation to all voters
- The vagueness of the constitution allows the executive and the legislature to make laws which haven’t been consented on by the public.
- The constitution doesn’t account for other actors that may influence the decision-making process, such as lobbyists, and doesn’t account for the difficulties of campaign finance.
- The amendment process means that a small group of states can block the will of a majority of states.
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
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