In a very fundamental sense the Constitution is undemocratic???

Question

In a very fundamental sense the Constitution is undemocratic. It originally became operative when adopted by simple majorities of conventions in nine of thirteen states...Yet the amendment process is filled with traps to thwart the majority (amendments must be proposed by two-thirds majorities and approved by three-quarters of the states). In other words, the Constitution was an iron trap---easy to get into but hard to get out of.

Do you agree? What explanation can be offered for the amendment process? Can it be defended?

Answer 1

Your understanding of the document is deeply flawed. The amendment process is indeed difficult, and was deliberately made so to prevent overheated topics-of-the-moment from being the vehicles that change our foundation, our very foundation. Of course it can be defended. Thank god it is what it is.

Your charge that our constitution is undemocratic does have some truth, however. It is a misconception that the US is a democracy per se; it is in fact and has always has been a republic. There is a huge difference. We do have oneman-one vote for many of our candidates and some issues, but we generally elect supposedly wise heads to decide the majority of matters for us  -  we in turn monitor THEM. Every last failure of our government is each and every time a failure of the citizens to do their duty  -  to pay attention. For that reason are there many who complain about the magical, mysterious 'they' who are to blame, blah, blah, etc. It is people such as I who keep their reps' feet to the fire and get what we demand. Everyone else is watching MTV.

It's not boring, it's your heritage, your birthright. I'm perfectly worthy of trust, but my interests may be different than yours, and I'm advancing mine whether you are or not. You'll probably think it's a bore and a chore, but get yourself a copy of "The Federalist Papers"  -  it's always in print  -  and that will be the education-in-a-book you need. Good luck, darling.  

Answer 2

Of course it is undemocratic. The Founders NEVER trusted democracy. That's precisely why we are not one, nor ever meant to be one. We are a Representative Republic.

The point is to make the document living, but not subject to the "whims of the majority." That's the whole point of a super-majority. So that 51% of the people can't suppress the rights of 49%. That is what happens in a democracy. In a representative republic, the rights of the minority are protected AGAINST the majority.

Amendments are MAJOR changes to the very document that forms the legal basis for everything we do. We need them to be hard to pass so that one party with a slight advantage cannot change the fundamental basis of our government.

They can be so hard to pass, that the last one passed in 1992. It took 203 years from its initial proposal.

The Founders did NOT accidentally make the document the way they did. And it hasn't accidentally kept us the free-est and most successful nation in the world for more than two-and-a-quarter centuries.

This is a WONDERFUL question, but one that cannot be answered in this space. I recommend checking out some books on the subject and even reading primary source documents on the rationale by the Founders themselves. The philosophy is deep and nuanced...and it has worked.

"Democracy is two wolves and a lamb voting on what to have for lunch."

Answer 3

9 of 13 is a 2/3 majority.

Same majority it takes to amend it.

Answer 4

Psst... The Constitution did not set out to make a Democratic government. It does however, set guidelines for a Representative Republic. Which is exactly what the US government is meant to be.

Answer 5

Well fortunately we are a republic not a democracy.

Answer 6

I can only offer this explanation... you are under the mis-guided understanding that this country is a democracy... it is not and never was intended to be.

This country is a Republic, or representative democracy ("if you can keep it" to quote Franklin).  The amdenment process (as well as the rules of the Senate) are filled with these "traps", as you say, on purpose.... to make the processes as slow and deliberative as possible.

Hope that makes sense.  It IS as it was intended (for the purpose of our discussion anyway).

GL

Answer 7

can you explain how it is harder to get out of?  The constitution was not easy to get into at all.  Read the Article of the confederation since that was our first "constitution".  In that one all states had to agree

for any change.