Introduction.
Many countries in the 21st century have a democratic form of governance. The democratic styles differ from one country to another. For instance, the United States has an American-style democracy, while China has a different democratic style. Democratic governance can be defined as a system of government where institutions function according to democratic processes and norms both internally and internationally. Democracy is a form of governance that depends on the people’s will. As such, there are many forms of democracy depending on how the will of the people is implemented in governance.
The history of democracy in the United States dates back to the colonial era. In 1630,s, every free non-native American participated directly in the election of officials and the formulation of policies, a form of democracy known as direct democracy. However, as the population grew, it was practically impossible to practice direct democracy, which led to the transition to representative democracy in the form of representative assemblies. Today, the United States is a representative democracy. In a representative democracy, the government is elected by citizens. The elected officials then represent the will of the people.
Further, the United States is a bicameral government. This implies that it has two houses of representatives; the Senate and Congress. Further, the United States has federal and state governments. State and federal government functions are clearly contained within the United States constitution. Each state has its written constitution, so different states have different laws. The United States Constitution was written in 1787, ratified in 1788, and started its operation in 1789 until to date. As such, the United States has the longest-serving constitution in the world. This paper will examine the United States Constitution as the basis of American democracy and examine the principles established within the declaration of independence as a foundation of our modern republic.
United States Constitution as a basis of American democracy.
The United States Constitution was written in 1987, ratified in 1788 and started operating in 1789. The constitution is the longest-serving written constitution in the world. The Constitution is composed of seven articles which clearly outline how the framers of the constitution wanted the government to run affairs in the federal government. The constitution in the fourth article also outlines the relationship between states and the federal government. (“Constitution of the United States,” art. 4) The United States Constitution is, therefore, the supreme law of the land. As such, all state and federal government officials must swear allegiance to the constitution.
The first three words of the constitution, “we the people,” reiterates the democracy of the united states in that the constitution and, therefore, the government exists to serve the people. As the supreme law of the united states, the constitution is the basis of American democracy. The united states is a representative democracy. The first article of the constitution establishes representative democracy (Dahl).
The first article outlines that all legislative powers shall be vested in the Congress of the United States. The Congress shall consist of the Senate and the house of representatives. The constitution in article one section two further outlines that the people of the several states shall choose the members of the house of representatives. (“Constitution of the United States,” art. 1, sec. 1) The number of house of representatives per state is usually extrapolated according to the population of the states (“Constitution of the United States,” art. 1, sec. 2). By electing the members of the house of representatives, the people practice direct democracy. Elections give the people a direct vote. One way to express their will is by choosing their desired representatives. The constitution also outlines the qualifications for one to vie for the position. According to the constitution, to be eligible to vie for this position, one must be over 25 years of age. Further, they must have been citizens of the united states for at least 7 years. (“Constitution of the United States,” art. 1, sec. 2) The constitution also outlines that the elected members of the house of representatives shall serve for a term of two years (“Constitution of the United States,” art. 1, sec. 2)
Additionally, the constitution also highlights that vacancies may arise in the house of representatives’ positions either due to a member’s death or mental instability. When vacancies arise, elections in those states shall be conducted to find replacements (“Constitution of the United States,” art. 1, sec. 2).
On the other hand, the Senate of the United States is composed of two senators from each member state. The senators are also elected by popular vote. Each member of a state can elect a senator. In this regard, the people practice direct democracy by electing the leaders of their choice (Dahl). According to the constitution, for one to be eligible to vie for this position, they must be at least 30 years old. Further, they should have been citizens of the united states for at least nine years (“Constitution of the United States,” art. 1, sec. 3). The constitution also highlights that in case vacancies arise, the governor of the state appoints a senator who serves until a special election can be held. Further, the constitution outlines that the vice president of the United States shall be the president of the Senate. However, the vice president doesn’t have a vote unless there is a tie in the issue being discussed (“Constitution of the United States,” art. 1, sec. 3)
The constitution also highlights the responsibilities of the two houses. The Senate has the power to try all impeachments according to the constitution (“Constitution of the United States,” art. 1, sec. 3). For instance, during the impeachment of a seating president, the chief justice shall preside over the Senate, and a 2/3 majority can only approve the impeachment. Further, the constitution also outlines that judgement in cases of impeachment shall not extend further than removal from office and disqualification to hold office (“Constitution of the United States,” art. 1, sec. 3)
Congress has the power to draft and pass legislation, initiate revenue bills, declare wars, raise the military, and check the other two branches of the government. Further, the Senate has the sole power to confirm presidential appointments requiring consent. The Senate and the House of Representatives also provide oversight on the activities of the executive through various committees created for that task (“Constitution of the United States,” art. 1, sec. 7). Further, every bill must pass through the house of representatives and the Senate. But before it becomes law, the president must approve and sign it. If the president doesn’t approve it, then it will be returned to the house it originated with the objection from the president. The bill shall then be reconsidered, and if a two-thirds majority in both houses votes for it, it shall then become law.
Through the first article, the constitution of the United States lays down the important elements of American democracy. The constitution not only allows people to practice direct democracy through voting but also outlines the elements of representative democracy and the powers of both houses (Dahl).
Article two of the constitution, on the other hand, outlines the role of the executive. The president and the vice president head the executive. The article outlines the criteria for the election of the president and the vice president (“Constitution of the United States,” art. 2, sec. 1). The participation of people in this election is a form of democracy.
How the constitution and the bill of rights continue to shape the function of American governmental institutions.
The constitution of the United States clearly defines governmental institutions and highlights their functions and powers. The constitution highlights three major arms of the government, including legislature, executive and judiciary. The legislature, which is formed of two houses, the house of representatives and the Senate, is elected by the people. The composition of the legislature is found in the first article of the constitution (“Constitution of the United States,” art. 1, sec. 1). The various sections in this article define how the election of members of the two houses will be contacted, who will be viable to vie, the term of service of the members of the two houses and their duties, powers and responsibilities.
For example, the constitution highlights that the Senate will be composed of senators elected by the people (“Constitution of the United States,” art. 1, sec. 3). Each member state will have two elected senators who shall serve for a term of six years. However, the elections will be conducted in a way a third of the members of the Senate are up for election every two years (“Constitution of the United States,” art. 1, sec. 3). The constitution also highlights that the vice president will be the president of Senate but shall not have a vote unless there is a tie in a policy issue being discussed in the house (“Constitution of the United States,” art. 1, sec. 3). In this regard, the constitution defines and highlights the composition of the Senate. And its main functions. For instance, the constitution highlights that the Senate shall have sole jurisdiction in hearing impeachment.
On the other hand, the house of representatives is also contained in the constitution under article one, section one. The house of representatives will comprise elected members. The number of elected members per state shall be determined by the population of that state (“Constitution of the United States,” art. 1, sec. 1). The members of this house must be at least 25 years old and must have been citizens of the united states for at least seven years (“Constitution of the United States,” art. 1, sec. 1). This house will have the jurisdiction to initiate revenue bills. Further, both houses will have the power to initiate and pass policies. Upon which the president shall approve and sign. The constitution vests on the Congress the power to declare war, raise a military, initiate revenue bills, approve government appointments, and provide oversight on the activities of the government. In so doing, the constitution determines the functions of these government institutions.
The second article of the constitution also describes the functions and composition of the executive. According to the constitution, the executive will be headed by the president, who will be elected through the electoral college. The constitution also defines the powers of the president. According to the constitution, the president is the commander in chief of the armed forces of the United States and of the forces of the states if need be (“Constitution of the United States,” art. 2, sec. 2). The president shall also have the power with the approval of the Senate to make and initiate treaties on behalf of the country. Further, the president shall also provide information to Congress on the state of the union (“Constitution of the United States,” art. 2, sec. 2).
The third article of the constitution also defines the judiciary’s composition and powers. According to the constitution in article three section one, judicial power is vested in the supreme court and other inferior courts which are established by the Congress (“Constitution of the United States,” art. 3, sec. 1). The judiciary shall have the powers to hear all cases arising within the constitution, the treaties made, controversies between states, controversies between states and citizens and controversies between citizens.
The bill of rights, on the other hand, contains the right of the citizens. The bill of rights spells out Americans’ rights with respect to the government. It also relegates all the powers not vested in the federal government to the people and state governments. For instance, the first amendment gives people the right to speech and religion (Bill of Rights, amend 1). The second amendment gives citizens the right to bear arms. (Bill of Rights, amend 2). The fourth amendment protects citizens against unreasonable searches and seizures by government or governmental institutions like the police (Bill of Rights, amend 4). The fifth, sixth and seventh Amendments establish various rights regarding the judiciary. For instance, the right to a fair trial by a grand jury, the right to protect against self-incrimination, the right to face one’s accuser and offers protection against cruel punishment.
The bill of rights, therefore, manages the functions of government institutions by enacting limits to their power. For instance, Congress shall not pass any law that prohibits people from engaging in their religion. On the other hand, the fourth amendment prohibits the government from exploiting citizens’ privacy through unreasonable searches and seizures (Obasogie et al., 1288). In this regard, the police must show cause before searching one’s car, house or any place with a reasonable expectation of privacy.
Conclusion
Many countries in the 21st century have a democratic form of governance. The democratic styles differ from one country to another. For instance, the United States has an American-style democracy, while China has a different democratic style. The United States has a representative democracy. In this case, the people’s will is expressed by representatives elected by the people. The functionalities and qualifications for election are contained in the constitution. As such, the constitution is the basis of democracy in the United States.
Works Cited
Dahl, Robert A. On democracy. Yale university press, 2020.
Obasogie, Osagie K., and Zachary Newman. “The endogenous Fourth Amendment: An empirical assessment of how police understandings of excessive force become constitutional law.” Cornell L. Rev. 104 (2018): 1281.
The Bill of Rights. National Archives, U.S. National Archives and Records Administration. September 20, 2022. Retrieved from: https://www.archives.gov/founding-docs/bill-of-rights
The Constitution of the United States: A Transcription. United States Senate. https://www.senate.gov/civics/constitution_item/constitution.htm#a1
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