Undemocratic Elements of the Original US Constitution

Kaye Lopez
There are also undemocratic elements of the original US constitution. These elements include shortcomings in terms of slavery, suffrage, election of the President, choosing senators, equal representation in the senate, judicial power, and congressional power. First, the original constitution neither prohibits slavery nor empowered Congress to do so. The problem of slavery was not also solved in a short period of time despite the presence of the original constitution. It has been notable that the problem of slavery emerged in the United States for a long time along with the problem of racial discrimination. Second, the original constitution does not have a provision that provides for the right of suffrage. Third, the executive power was given in a president whose election was to be wielded from both popular majorities and congressional control. Fourth, the senators are not to be chosen by the people but by the state legislatures wherein they would choose two senators for their own state. At present, the senators are chosen by the people and the principle of representation has been developed.
Moreover, the challenge to produce a Senate that would be a republican account of the patrician House of Lords was prevented, as we have viewed, by a lingering and harsh argument over a completely dissimilar inquiry: Should the states be evenly represented in Congress or should members of both houses be organized on the basis of the population? These inquiries not only give rise to one of the most troublesome issues of the Convention, but it turned as the fifth undemocratic characteristic of the constitution. Also, the constitution of the Framers did not gave limit to the powers of the judiciary to announce as unconstitutional laws that had been appropriately approved by Congress and signed by the president. Lastly, the powers of Congress were restricted in ways that could, and at times did, avert the federal government from changeable or scheming the economy by means that all contemporary democratic governments have used.

Published by Kaye Lopez

I am a graduate of AB Political Science eight years ago. I finished my LLB in the year 2006 at a reputable law school in the country. I am also active in community projects. I love gardening and reading novels.  View profile

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  • Robert O. Adair11/25/2011

    The Founding Fathers did not consider democracy an ideal form of government. They were influenced by Aristotle's and Plato's analyses. They founded a republic. They also considered that slavery was a problem that needed to be addressed. Many favored its abolition but since politics is "the art of the possible" they side stepped the issue, hoping to deal with it later.

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