The Constitution Created a Republic, not a Democracy

Because of the existing constitution, which contains dominated legislation favoring a few people in the region, the American democracy is regarded illegitimate. Dealing with grave problems within the American democracy has become a major source of concern under the current constitution. Democracy was defined as a kind of representative government based on free elections, with political elites ruling on citizens' behalf. The system proposed was referred to as a representative democracy. For the past 200 years, the identified system has been in place in the West. However, it is considered to be in a crisis such as in the US where it is being replaced by a constitutional democracy. The American constitution forms a basis of the supreme law of the land. With the constitution, it is possible to understand individual freedom, economic growth, social progress, and political stability (Root 42). The constitution created a republic because it seeks to promote individual freedom, equality, and increased community participation.


The constitution does not support a participatory system. The American constitution is a representation of a veneer democracy since it has allowed elites to establish laws which do not involve a participatory system (Parsons 96). The presented fact indicates the deprivation of individual freedom which has become a common aspect in America. Apparently, the citizens are not provided with equal rights of decision making on matters affecting life and the community. Evidently, elements such as participatory budgeting are not supported by the constitution therefore depriving the Americans of the potential of making a decision how to spend their public budget. Therefore, developing a vibrant civil society with reduced corruption levels and poverty reduction has therefore remained a thing of the past since their in no equality in the distribution of the legislative power.

The constitution does not offer equal voting rights. It is also evident that the American constitution has created a republic through establishing laws that direct Americans to vote in public policy officials. The elected members have increasingly violated their electoral mandate through creating a perennial power that speaks against individual freedom. America has reached a point whereby almost every individual in the region involuntarily relies upon the government's decision when it comes to matters related to healthcare. The tyranny has been created as a result of the excessive powers provided to the government which results in the violation of the rights of the citizens (Bhagwat 1097).

The constitution is incapable of dealing with the problems on its democracy's illegitimacy. The American constitution is a representation of a veneer of democracy other than a real one. Evidently, the American law as presented within the constitution does not have the ability of dealing with grave problems related with democratic legitimacy. The supreme power is no longer invested in the people. With this, the people can no longer work together cooperatively. The constitution is a representation of the opposite of what democracy advocates. According to Smith, "Genuine democracy demands solidarity. If democratic activity involves not just voting, but also deliberation, then people must make an effort to listen to and understand one another. Moreover, they must be able to moderate their claims in the hope of finding common ground on which to base political decisions" (31). The fact that the current constitution represents an illegitimate democracy provides that the people in the region are increasingly loosing their sense of community. The elites and policy makers have established laws which only favor few individuals in the region therefore loosening the ties binding Americans together.

Constitution has granted rights to the elites to dominate America's policy making. It is also a fact that the American constitution is regarded as a political illusion which has made it possible for elites to dominate the region's policy making. Apparently, the constitution is a representation of a Federalist mindset which exhibits undemocratic features. The Connecticut Compromise's approval devised by Roger Sherman is a representation of the fact that the constitution represents undemocratic aspects (Herron 302). Evidently, the plan was focused on providing a proportional form of representation within the lower house of Congress. Despite this, it allowed for equal representation at the upper house. The presented outcome was that when the Nevada citizens took part in the elections, the votes would have more worth than those of California residents (Smith 32).

It is also evident that in America, the majority does not always rule. The presented fact is an indication of the veneers democracy set forth by the constitution. Apparently, not all Americans are born with equal rights according to the constitution. As is, some have powers granted to them by the constitution while others do not. As a way of securing the presented rights, governments are instituted. The government is further required to derive its powers from the consent of the ones being governed. However, this is not the case with the current illegitimate constitution. As is, the majority do not rule under the presented provisions of the law. Evidently, when it comes to the representation of policy outcomes the elites have more say. In support of this, Andrias states that "When a majority of citizens disagrees with economic elites and/or with organized interests, they generally lose. Moreover, because of the strong status quo bias built into the U.S. political system, even when fairly large majorities of Americans favor policy change, they generally do not get it" (1591). The statement is a representation of a great disjoint in the capacity of the constitution to represent democracy as a result of the element of inequality.

It is also a fact that the constitution does not represent a real democracy since only the wealthy in the society are represented in the senate. According to Larkin, "the majority does not rule" and "even when fairly large majorities of Americans favor policy change, they generally do not get it" (55). Failing to provide the people without a strong financial capacity with a choice of taking part in the senate means that the constitution only grants power to a section of the community. The situation also suggests the element of inequality supported by the laws evident in the constitution. Seeking to overcome the presented negative aspects of the illegitimate constitution should be the favor of the document to promote the community sense in America.


To conclude, the legitimacy of the people ruling in America as recommended by the constitution is not evident. The constitution was only established to favor a few members of the society such as the wealthy. The ruling elites who have been able to secure competitive positions in government through the constitution ensure the establishment of an outcome which cannot challenge the power of the wealthy in the society. Therefore, it is true that the constitution does not create a real democracy but a veneer one which does not value the sense of equality, freedom, fairness and community. The Americans should be provided with a right of taking part in policy making and generating decisions on matters involving them.

Works Cited

Andrias, Kate. “Building Labor’s Constitution.” Texas Law Review, vol. 94, no. 7, June 2016, pp. 1591-1621.

Bhagwat, Ashutosh. “The Democratic First Amendment.” Northwestern University Law Review, vol. 110, no. 5, Nov. 2016, pp. 1097-1124.

Herron, Paul E. “Slavery and Freedom in American State Constitutional Development.” Journal of Policy History, vol. 27, no. 2, Apr. 2015, pp. 301-336. 

Larkin, Paul J. “The Original Understanding of “Property” in the Constitution.” Marquette Law Review, vol. 100, no. 1, Fall2016, pp. 1-80.

Parsons, William B. “Of Monarchs and Majorities: Thomas Paine’s Problematic and Prescient Critique of the U.S. Constitution.” Perspectives on Political Science, vol. 43, no. 2, Apr-Jun2014, pp. 93-101.

Root, Damon. “The Individualist Constitution.” Reason, vol. 48, no. 2, June 2016, pp. 42-49. 

Smith, L. Scott. “American’s Lost Sense of Community.” Modern Age, vol. 54, no. 1-4, Winter-Fall2012, pp. 28-39. 

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