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  • Essay / Analysis of the Constitution - 1500

    The American Constitution is a document expressly written by federalists to counteract the excesses of majoritarianism. Among the opponents of the American Constitution, the anti-federalists will always be at the top of the list. Like the Anti-Federalists, Robert Dahl also had problems with the Constitution: he considered it undemocratic and ineffective. In his book How Democratic Is the American Constitution, he attacks many important elements of the Constitution, including the electoral college, the Senate, the judiciary, the power of Congress and much more. Compared to the anti-federalists, Dahl takes a different approach: he evaluates the American system according to the Constitution based on comparisons with modern democracies and evaluations of effectiveness, while the anti-federalists approach the Constitution with the participatory and centered view on the virtue of a decentralized system. arrangement as opposed to the consolidated national government proposed by the Federalists. According to Dahl, there are five major undemocratic elements of the American constitutional system: the single executive independent of the legislature, the executive selection that could produce minority presidents, the first-past-the-post electoral system that excludes third parties, the extensive judicial review of properly passed laws and bicameralism with very unequal representation in the Senate. Although the federalists can fully justify their provisions to counteract the excesses of majoritarianism by their inclination towards a democratic republic, their inability to foresee the form that politics would take in such a democratic republic makes the constitutional system not democratic enough for the loving country. of democracy. ...... middle of document ...... government, the extensive judicial control of federal legislative texts and the strong bicameralism with extremely unequal representation in the Senate formed within the framework of the constitutional system are undemocratic because they pose too many challenges obstacles for public opinions to be expressed and allow minorities to be underrepresented. On some issues, such as a thorough overhaul of the judicial system, Dahl sided with the Anti-Federalists; but in most cases Dahl and the Anti-Federalists approached the issues differently. Faced with accusations that the constitutional system is sub-democratic, the federalists' strongest defense that "democracy must not be equated with the brute will of the people" remains vulnerable. However, their justification of the constitutional system, that the United States is certainly a democratic republic rather than a pure democracy, rests on unshakable ground..