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Upholding Democracy within the Constitution (Protecting Rights…
Upholding Democracy within the Constitution
Elections
Uphold representative democracy as they ensure fair and free elections
Elect representatives to be trustees and speak on the behalf of the electorate maximising powers of the people as representatives act give the electorate a voice to influence policy
Founding Fathers created short 2 year terms to the House of Representatives upholding democracy as it ensures that the legislature is subject to public opinion and scrutiny
Elections are undemocratic
Electoral College is a body of electors who elect the state President and Vice President
The electoral college does not mean that the person they vote for will be elected as it depends on state and college vote
This means that elections are not always winner takes all in a Majoritarian Democracy
Hilary won more of the state vote and Trump won more of the college vote so Trump became president in 2017
The electoral college can also deny minorities equal voting rights
Types of Democracy
Majoritarian Democracy
Maximises power of the people as they get what they want
Pluralist Democracy
Even if you are not in the majority you still have influence over policy as pluralist democracy is based on compromise
Protecting Rights
Judiciary uphold rights and liberties outlined in the constitution
Bill of Rights and 14th amendment grant minority legal protection and freedom from discrimination
Liberal Democracy is based on the protection of rights of the minority
Liberal idea of freedom of the individual and equal rights ensures that individuals have control over their lives
Constitutional amendments
1st amendment guarantees freedom of religion
8th amendment grants freedom from discrimination
Rights protection is contradictory and undemocratic
Shelby County V Holder
The constitution is a majoritarian document so theoretically rights are not protected
Not subject to checks and balances and no influence from other views so not pluralist
If electorate want a policy then democracy states that the people should have it because power of the people is undermined if the electorate vote for politicians and policy that is rejected by the judiciary
Checks and Balances
Maximise the power of the people as it ensures that no branch of government can become more powerful than the others
This is because democracy is not having one branch of government that is more powerful than the others undermining power of the people
When different parties control central government policy has to be based on compromise and different views
This ensures greater representation of views and different groups within the US
Links back to Pluralist Democracy as even if you are not in the majority you have influence over policy
Checks and Balances are undemocratic
Democrats vote for Democrat policies and vice versa but policy may not reflect their wishes undermining power of the people as they do not get what they want which should happen under a Majoritarian Democracy
2012 Obama was re elected and promised immigration reform speaker in congress at the time, John Boehner (Republican) refused the topic to be discussed
Legislature and executive cannot compromise and interact if they have a different ideology
Means that policy based on differing views (Pluralist) cannot be created