CJ

does US constitution promote democracy?

provision of elections

democratic

  • Provides frequent elections – House every 2 years, Senate 6, Pres 4

  • Separation of powers mean Congress not beholden to President

  • History of Congress voting against President and even members of own party doing so if views of constituents strong enough

  • Republicans took control of House in 2022 election

undemocratic

  • Electoral college not democratic 

  • Hillary Clinton received 2.8 million more votes than Trump in 2020

  • George Bush also received less votes than Al Gore in 2000

  • 2 senators per state also ignores huge population discrepancies 

  • Each state having own voting laws also causes issues

rights protection

democratic

  • rights seen as fundamental freedoms

  • many amendments ensure rights

  • key court cases have protected rights, such as Brown vs. Board of Education

undemocratic

  • are rights protected? Despite 14th Amendment several states have laws which make it difficult for minorities to vote

  • Over 6.2% of adult African American population disenfranchised, 1.7% of non-African American population

  • Constitution does not stop differences in voting, electoral college votes, winner take all seats leading to safe seats

checks and balances

democratic

  • Helps prevent concentration and abuse of power

  • Checks can prevent leaders from working in their own interests

  • Allows for consideration of different interests. Compromise necessary – encourages pluralist democracy rather than majoritarian (example on handout)

undemocratic

  • Checks and balances can be seen as detrimental to democracy as they can prevent elected politicians from delivering their policy promises

  • An elected president can be stopped by Congress

  • High level of checks make it easier for partisan politics

  • Constitution set up to create limited government