Constitutional Democracy Essay Research Paper Constitutional DemocracyThe
The basic premiss of a constitutional democracy is that authorities has
regulations and all of the people have voices. Through free and just elections we
elite campaigners to stand for us. The Fundamental law of the United States
warrants us the right to make this, and to populate democratically. The framers
attacked oppressive authorities and advanced the following thoughts: that authorities
comes from below, non from above, and that it derives its powers from the
consent of the governed ; that work forces have certain natural, unalienable rights ; that
it is wise and executable to administer and equilibrate powers within authorities,
giving local powers to local authoritiess, and general powers to the national
authorities ; that work forces are born equal and should be treated as equal before the
jurisprudence. The framers of the U. S. Constitution sought to do these thoughts the
regulating rules of a state. Constitutional democracy has three BASIC
elements. Those being interacting values, interrelated political procedures and
mutualist political constructions.
The first thought of interacting values is popular consent. Popular
consent means that authorities must obtain consent for its actions from the
people it governs. It is similar to bulk regulation, a political procedure, in that
the most popular Acts of the Apostless or thoughts of the people will be adopted by our authorities.
There must be an allowance or willingness on behalf of the unpopular group to
Popular consent may supply a agency for judging parental consent Torahs
for bush leagues seeking abortion. Since bush leagues are non lawfully allowed to be
competent to prosecute in sex, to come in into contracts, or to organize sufficient
& # 8220 ; informed consent & # 8221 ; to hold to their ain medical intervention, it is unbelievable
that they would be regarded as competent to do a life and decease determination about
something that subsequently in life they might themselves see as a existent individual, with
Pulling on several major parts of the enlightenment, including
the political theory of John Locke and the economic thoughts of Adam Smith,
individuality posts the single human being as the basic unit out of which
all larger societal groups are constructed and grants precedence to his or her
rights and involvements over those of the province or societal group.
Individuality in its original signifier means looking at people as distinct
but whole units, without all the feelings of his societal standing, the brand of
his auto or his postal codification. It is a manner of deliberation, to tune out the chink
of money in the background when you talk to person, so that you can
dressed ore on that individual & # 8217 ; s message and justice it on its ain virtues.
It means looking at person and non stating to yourself, & # 8220 ; That & # 8217 ; s my aunt & # 8221 ;
or & # 8220 ; That & # 8217 ; s my foreman, & # 8221 ; but instead, that is person with his or her ain
dispositions and desires, in other words, a true Individual who by the way
happens to hold this relation to me, as a relation or a superior.
On a grander graduated table, individuality is seting the single above the
province and state. In those states that have ever been proud of their
traditional values of accent on the household or the state above ego they see
Individuality as a direct onslaught on these values. However, we live in a
democratic state and we believe in individuality and equal chance for all
Equal chance for everyone is idealistic. Roosevelt outlined a
2nd measure of rights which the book states answers the inquiry, & # 8220 ; what sort of
equality? & # 8221 ; This 2nd measure of rights was four freedoms. They were freedom
from privation, freedom from fright, freedom of address & A ; look and freedom of
worship. There are Torahs and Acts of the Apostless to vouch equal chance. For illustration,
the Equal Pay Act of 1963 which requires equal wage for equal work and the Civil
Rights Act of 1964 which prohibits favoritism in plans having Federal
But on a more personal degree, we don & # 8217 ; t all start at the same line. What
about kids beared with AIDS, or kids born to the hapless? Is it credible
that they have the same chances as a kid born to middle category parents
who are still married? While every American can be denied about nil
because of race, colour, national beginning, faith, sex, familial position, or
disablement, a batch of Americans aren & # 8217 ; T in the place to be discriminated
against. This means that many Americans do non hold the chance to to the full
exert their autonomy. Personal autonomy is freedom. It means all individuals must
be given the chance to recognize their ain ends. It translates to self-
The Constitution states wholly people have the right to life, autonomy and
freedom. This is a bit idealistic because one individual & # 8217 ; s autonomy may conflict
upon another individual & # 8217 ; s freedom. Take abortion for illustration. Although it is legal
and women’s rightists consider it autonomy, it takes off another individuals freedom to life.
The Constitution did non supply protection of rights to the unborn. Another
issue, if a individual has a right to life and self-government, do they hold a
right to stop their life if they are in terrible hurting and right to vote? Dr. Jack
Kevorkian provides aided self-destruction, but it is non legal. Why is it deemed
legal to kill an guiltless kid on a caprice or for any ground, but illegal to kill
yourself if you are in changeless convulsion?
There are struggles that will non be resolved for a long clip, but one
political procedure which is non in contention is the right to vote in free and
just elections. They are held with the premiss that resistance will be loyal.
The winning party will non interfere with the defeater & # 8217 ; s efforts to reorganize for
following election and frailty versa. Election functionaries shoulder the great
ponsibility of doing certain that the election procedure is conducted under free
and just conditions without any respect to the influence of persons, cabals
and groups. The elections for the legislative organic structure in any state are
considered important for puting the foundation of a echt democracy. In any
state, if the credibleness of elections becomes suspect, the full political
cloth of that state will interrupt down. Free and just elections are the lone
agencies to keep and heighten the recognition and prestigiousness of the state & # 8217 ; s
predominating system & # 8212 ; non the triumph of this or that cabal or group.
The electorate with the most ballots wins the election. This procedure is
known as bulk regulation, but it is non a distinct procedure. Some would state
bulk is 50 + one, but ballots can be so staggered that the victor may non hold
had 50 % of the ballots, but merely the highest per centum. The framers took attention to
foresee that some groups may take advantage of the plurality regulation and have their
manner. When there is an issue, it is debated, compromised and so a determination is
made after the bulk and minority have spoken.
In order for people to go educated to project their ballots they must
hold entree to information about and from the campaigners. A good trade of this
information is obtained from the media. The media must be without authorities
ordinances to be indifferent. To accomplish that, freedom of look must be.
It is one of the most cardinal of our freedoms summarized by the First
Amendment to the U.S. Constitution.
Freedom of look includes everything listed in the First Amendment
& # 8211 ; freedom of address, freedom of the imperativeness, freedom of faith, freedom of
request and freedom of assembly. Unfortunately the establishing male parents couldn & # 8217 ; T
see into the hereafter, and so omitted an every bit of import facet of freedom of
look: freedom of communicating in any signifier, including broadcast and
On February 8, President Clinton signed the Telecommunications Reform
Bill which took away our basic rights to free address and freedom of look
on the Internet. Our E-mail letters are now broad clear for the U.S. Government
to read and they will incarcerate us if the content is deemed & # 8220 ; indecent. & # 8221 ; . While
kid erotica and national security involvements should be capable to
censoring, our correspondence should non. The Internet has ever enjoyed the
freedom of democracy. This may be another issue that we will hold to contend for
to be regarded as an inalienable right.
If we gathered and fought for this right, we would be exerting our
right to piece and protest. A recent happening was in April, in Los Angeles
where there were two reactions to the whipping of several undocumented immigrants
by Riverside County sheriffs. On the metropolis & # 8217 ; s west side 200 middle-aged and older
white people gathered in forepart of the Westwood Federal Building to hearten in
support of the constabulary and resistance to in-migration. Simultaneously, business district,
more than 6,000 marchers & # 8212 ; largely Latinos, with Black and Asiatic contingents,
chanted through the streets of City Hall.
So, even within our rights we exhibit opposing positions. The right to
assemble & A ; protest can conflict with individuality. We live in a constitutional
democracy and we believe in individuality. Every individual has the right to
assemble and protest, but what if they are interfering or interrupting the lives
of other persons? Whose right comes foremost? The dissenter or the burdened?
The U.S. Constitution leaves that determination to the provinces.
Beyond our values and procedure, political constructions exist. Among these
constructions is federalism. The framers of the U. S. Constitution were strongly
influenced by the advantages of separation of powers and of cheques and balances.
These theories had been in pattern in the authoritiess of the American settlements,
and they underlie the cardinal Torahs of the United States. The Fundamental law
clearly separates the legislative, executive, and judicial subdivisions of
The philosophy of the separation of powers agencies that in a free society,
the autonomy of citizens is secured by dividing Parliament & # 8217 ; s power to do Torahs,
from the Executive & # 8217 ; s power to administrate Torahs, and from the Judiciary & # 8217 ; s power to
hear and determine differences harmonizing to the jurisprudence. It is important that Judges
know they can use the jurisprudence without political bullying.
The creative activity of three separate subdivisions within the federal construction,
each in legion ways dependent upon the others for its healthy operation,
afforded another manner to guarantee that federal power would non be used
randomly. The extended powers of the president likewise were
proscribed in a figure of topographic points by designated duties. The judicial
power was to be wielded by Judgess. Explicit legal power of the tribunals was
capable to congressional definition.
Checks and balances are the constitutional controls whereby separate
subdivisions of authorities have restricting powers over each other so that no subdivision
will go supreme. Possibly the best known system of cheques and balances
operates in the U.S. authorities under commissariats of the federal fundamental law.
The operation of cheques and balances in the federal authorities is spelled out in
The Constitution of the United States has afforded us many rights. At
times, those rights are in contention. At others, we would be in lawlessness
without them. Constitutional democracy is a beautiful thing. Although we may
non all have the same sum of wealth, we have the autonomy to. We have the
right to be heard. And how is this right any longer exemplified than voting? Our
representatives will make what we want, and if they don & # 8217 ; t give us a twosome of
old ages and we & # 8217 ; ll happen person else who will assure to. AMEN.