Saturday, September 26, 2009

Was the Constitution a conservative document that restrained the "democracy" unleashed by the Revolution (Patrick Henry might have believed...

I would argue that the Constitution was a conservative document that was meant in part to pull back from the democracy of the Revolution.  The Constitution was not revolutionary when compared to the Articles of Confederation or the constitutions that the various states had created after independence.


In order for the Constitution to have been a revolutionary document, it would have had to do something that was really novel compared to what the Articles of Confederation and the state constitutions had already done.  In addition, the Constitution would have had to have gone beyond those other documents.  It could not simply be different; it also had to be more liberal in some important way or ways.  The Constitution does not meet these criteria for being revolutionary.  It does not give the vote to more people than the earlier documents did.  It does not do more to protect people’s rights.  It does not do more to ensure that the people will be sovereign.


Instead, when the Constitution differs from the Articles of Confederation and from some state constitutions, it generally does so in ways that were meant to limit democracy.  The earlier constitutions put all or most of the power in the hands of the legislature.  Since the legislatures were elected by the people, this gave the people fairly direct control over the part of government that held the power.  In this way, these constitutions were quite democratic.  By contrast, the Constitution gives much of the power of government to bodies that were not elected by the people.  It creates four parts of government:  the president, the Supreme Court, and the two houses of Congress.  Of these, only the House of Representatives was to be elected directly by the people. 


By doing this, the Constitution clearly reduced the amount of democracy in the United States.  Power was divided between many parts of government and many of those parts of government were insulated from public opinion.  This is clearly a conservative move meant to reduce the amount of democracy so as to prevent the majority of the people from dominating the country’s politics.   

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