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How Democratic Is the American Constitution
Robert A. Dahl
- 01 Jan 2001
542
TL;DR: Dahl as mentioned in this paper argues that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance, and argues that due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements.
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Abstract: In this provocative work, an American political scientist poses the question, "Why should we uphold our constitution?". The vast majority of Americans venerate the American Constitution and the principles it embodies, but many also worry that the United States has fallen behind other nations on crucial democratic issues, including economic equality, racial integration and women's rights. Robert Dahl explores the vital tension between the Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of the political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world's first great democratic experiment is unique - no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could the political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into the political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges America to think critically about the origins of its political system and to consider the opportunities for creating a more democratic society.
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Citations
Equality Rights in American Representation
Stephan Stohler
- 01 Jul 2019
TL;DR: In the case of the Voting Rights Act of 1965, progressive reformers recognized new threats to minority representation that went beyond minority disenfranchisement and included efforts to dilute minority representation as mentioned in this paper.
The Invisible Black Victim: How American Federalism Perpetuates Racial Inequality in Criminal Justice
Abstract: The promise of civil rights is the promise of inclusion; yet the vast disparity in incarceration rates between blacks, Latinos, and whites stands as an ugly reminder of the nation's long history of race-based exclusionary practices. In this article, I argue that an important aspect of understanding race and the law in the twenty-first century is an appreciation of the American federal system that structures legal authority, political mobilization, and policy solutions and serves as an important and overlooked obstacle to more complete and sustained racial equality in crime and punishment in the United States. In contrast to the conventional wisdom about the role of the national government in protecting the rights of minorities and other disadvantaged groups, I suggest that crime and justice are arenas where the nationalization of issues has left the most important constituents behind. In fact, local crime politics provides a space where there is regular and ongoing articulation of the inclusionary goals of the civil rights agenda and sustained efforts to move forward in realizing that agenda through meaningful community involvement in promoting public safety, economic development, and social justice. This article explores these themes and offers a discussion of the linkages between federalism, racial inequality and crime, victimization and punishment.
A European Republic of Sovereign States: Sovereignty, republicanism and the European Union:
TL;DR: The authors defend state sovereignty as necessary for a form of popular sovereignty capable of realising the republican value of non-domination and argue it remains achievable and normatively warranted in an interconnected world.
On the Concept of Power
TL;DR: The question of what power is has been implicitly reduced to the question of how power works as discussed by the authors, and in fact any hope of solving the latter presupposes a proper answer to the former.
A Moving Target: Democracy
TL;DR: Achieving consensus on a definition of “democratic” has proven elusive as discussed by the authors, and a number of institutions that have been taken to be essential to democracy have changed radically since the word “democrat” began to be widely used toward the end of the eighteenth century.
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