As befits a discussion group devoted to politics, philosophy, and other public issues, CivCon has done a lot of topics on the Constitution. Oddly though, we have never looked explicitly at how democratic our founding document was and (as amended and interpreted) is. I phrased the topic as a normative question, since is begs the question of ought. It also might make for a livelier discussion and prompt us to make the political preferences behind our opinions more explicit.
I see more than one way to approach our pondering, too. We could focus more on the standard (but important) stuff, like looking at the basic structures and functions the Constitution sets up. As Jim Z. noted last week, the whole document is in some ways “rigged” against pure democracy; e.g., the Electoral College, two senators per state regardless of size, an unelected judiciary, vetoes and supermajorities requirements, etc. College students spend a lot of hours reading classic books on this topic, some of which are referenced in the links. We definitely should discuss why the Founders did this and whether it’s too little or too much democracy for the 21st century (or for our tastes).
A second approach would be to look at the Bill of Rights. These rights are fundamental to protecting democracy. Are they being enforced today as designed, and is that sufficiently democratic? I’m thinking campaign finance as free speech, curtailment of civil liberties in the War on Terror, and conservatives’ religious freedom initiative (bakeries and gay weddings) might come up in this part of the meeting.
Thirdly, we could take a strict result-oriented approach. How responsive is our national government to the will of the people? Whose interests does our constitutional system represent and who does it not listen to? Some big studies have tried to quantify that in recent years. Their conclusions are sobering.
Here are some guiding discussion questions and suggested readings/skimmings.
DISCUSSION QUESTIONS –
- Was/Is: What are the major anti-democratic (or at least non-majoritarian) features of the Constitution? Why did the Founders include them? What key components of democracy were left out and why?
–> Which of these have survived unchanged to today and why?
- Ought: What is “too much” or “too little” democracy? Upside/downside of both?
- Rights: Which rights (speech/religion, voting, property, etc.) matter the most? Are any rights under assault or overly-broad now?
- Results: How responsive is our constitutional system to the will of the people? Which people? Evidence?
–> Is un-accountability self-correcting via elections?
- Future: What are your biggest concerns about our constitutional democracy going forward?
SUGGESTED BACKGROUND READING –
Not democratic enough –
- Our Undemocratic Constitution: Well-known book, skeptically reviewed (by Cass Sunstein). Much shorter description/review here. Recommended.
- A similar view from another well-known scholar.
- The Framers’ Coup. Constitution was an anti-democratic power grab.
Bad consequences –
- In highly polarized times like now, the Constitution’s undemocratic features produce gridlock. Recommended.
- Too much economic inequality threatens constitutional democracy. Recommended.
- But don’t despair! Citizen activism can expand how democratic the Constitution is interpreted to be. [Oops link changed to the right one Sunday eve.]
No, too MUCH democracy is our problem –
- Excessive democracy is destroying ours. Recommended, semi-conservative POV, but long. A good, short direct rebuttal to it.
- We have too much democracy. Requires free site registration.
NEXT WEEK: Fascism, Part II – Is a global movement emerging?