Some believe that the United States is a democracy, but it is actually the perfect example of a constitutional republic. A pure democracy would be a form of government in which the leaders, while elected by the people, are not constrained by a constitution as to its actions. In a republic, however, elected officials cannot take away or violate certain rights of the people. The Pledge of Allegiance, which was written in 1892 and adopted by Congress in 1942 as the official pledge, even makes reference to the fact that the U.S. is a republic:
“I pledge allegiance to the flag of the United States of America, and to the Republic,
for which it stands, one nation under God, indivisible, with liberty and justice for all.”
The Anti-Federalists and Federalists, as the new nation was being formed, could not agree on how involved the federal government should be in citizens’ lives; a decision on a pure democracy could never be reached. Alexander Hamilton, himself a Federalist, stated that the government being created was a “republican government,” and that true freedom would not be found in a dictatorship nor a true democracy, but in a moderate government.
James Madison, another Federalist, stated that, while citizens would otherwise get together to discuss governmental operations in a democracy, a republic instead leaves the bigger decisions up to its elected representatives. Madison stated that a democracy needs to be “confined to a small spot,” while republics could be “extended over a large[r] region.”
What he meant by this, was that by not forming a democracy, citizens could allow representatives to make decisions for them on bigger issues, such as international relations, as opposed to having to find a way to all meet up and discuss these issues together.
Despite the fact that most countries claim that “democracy” is their main goal, most countries govern as republics. However, not all republics are the same; with some, for instance, operating under a president (like the U.S.), and others operating under a parliament (the U.K.), in which the people elect a legislative branch that then decides the executive branch. Even some monarchies operate as republics, despite having royalty as their heads of state.
The following table outlines some of the differences
between a constitutional republic and a democracy:
DEMOCRACY
– Ruled by a majority that enjoys unlimited power. Minority groups have no protection.
– Individuals can make their own decisions except in those situations that the majority
has limited.
– While all citizens supposedly have a say in government and are to be treated as equals, the majority often ends up tyrannically ruling the minority.
– The United States is commonly confused for a democracy. However, the will of the people should not, and does not, change the rules that limit the government’s power.
– Freedom of religion is permitted to the extent that the majority does not limit religious freedom for the minority.
– Private property is permitted, though the majority may place limits on the property rights of the minority.
REPUBLIC
– Follows a written Constitution that protects the rights of the minority from being infringed upon by the majority.
– Generally, individuals can make their own decisions, especially in situations
where the Constitution protects their “unalienable rights.”
– Generally, all citizens are supposed to have an equal say and be treated equally, especially as protected under the Constitution
– Article 4, Section 4 defines the United States as a Republic.
– Generally, religious freedom is permitted, especially as protected under the Constitution.
– Generally, private property is permitted, especially as protected under the Constitution.
Limits on Governmental Power.
A constitutional republic is put in place to prevent the government from becoming
a tyrannical ruler. The United States Constitution contains protections against what
is referred to as “the tyranny of the majority” on the rights of American citizens.
Examples of constitutional republic protections include:
Congress cannot prohibit the expression of free speech, nor the free exercise of one’s religion, and it cannot infringe on a citizen’s right to possess a gun.
(First and Second Amendments)
The Senate must be elected by the States, not citizens. (Seventeenth Amendment)
The President must be elected by the Electoral College, not citizens.
American citizens have argued in the past for the abolishment of the Electoral College. This argument comes up when a presidential candidate wins the popular vote but loses
the election, due to not receiving enough electoral votes to win the presidency.
The 2016 election was the perfect example of this situation.
Donald Trump was elected to the presidency by the Electoral College, despite having lost the popular vote to Hillary Clinton. Those who believed that Donald Trump would become a tyrannical ruler if he were to ascend to the Oval Office fought for the Electoral College to be abolished once and for all. Several citizens created petitions, calling upon the government for this abolishment, and many others voiced their frustrations via protests.
Constitutional Republic Example in Obamacare
There are several examples of constitutional republic being under attack through lawsuits. These types of situations typically arise when the majority passes a law through their representatives, yet other citizens claim the law is unconstitutional.
Perhaps one of the most prominent examples of this in recent history is the challenging
of the Affordable Care Act (commonly referred to as “Obamacare”) at the Supreme Court level.
Congress passed the Affordable Care Act (ACA), which went into effect in March 2010.
The purpose of the ACA was to provide health insurance to millions of Americans who were not covered. It also sought to limit the extent to which citizens could seek health
care services for which they could not – or did not – pay.
Shortly after the ACA was passed, several states and organizations – led by the state
of Florida – brought lawsuits before the United States District Court in Florida, claiming that the ACA was unconstitutional. Individuals Kaj Ahburg and Mary Brown also jumped on board as plaintiffs in the case.
The group’s claims were based on a number of grounds, among them was the claim that the requirement for employers to purchase health insurance for their employees interfered with state sovereignty, or the right of the state to remain independent and have control over its own decisions.
Another of these grounds – and Brown’s individual reason for bringing suit – echoed the complaints of several Americans who felt they were being punished financially by the ACA. Brown did not have health insurance, and was being forced to make necessary financial arrangements to ensure that she could comply with the Act’s requirements.
Those who could not afford, or simply refused, to comply were to be issued a tax penalty when they submitted their taxes. This individual mandate penalty essentially acted as a sort of punishment for not having health insurance.
Among the additional rulings that the District Court made on this case, it ultimately found the entire ACA to be invalid. This was due, in part, to the fact that the individual mandate that taxed citizens for not having insurance was not an appropriate usage of Congress’ powers of commerce or taxation.
The Court of Appeals agreed with the District Court in some aspects but reversed the District Court on the individual mandate issue. The appeals court held that yes, the mandate could actually be considered separately without invalidating the other parts
of the ACA.
When the case reached the U.S. Supreme Court, the Court was split on the issue of the individual mandate penalty. Chief Justice Roberts, along with Justices Ginsburg, Breyer, Sotomayor, and Kagan, held that the mandate was a legitimate exercise of Congressional power. They concluded that the penalty is not a normal tax to be collected by the IRS, and that it is not so severe as to be considered forcible. Further, they ruled that the mandate was not limited to willful violations, such as fines that are imposed upon citizens for breaking the law.
However, Justices Scalia, Kennedy, Thomas, and Alito disagreed. Their argument was that, because Congress referred to the payment as a “penalty,” then if it were to be considered another kind of tax, that would require a re-write of the Constitution’s
Taxing and Spending Clause.
The Constitution of the United States is the supreme law of the United States of America.[3]
It superseded the Articles of Confederation, the nation’s first constitution.
Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). Article IV, Article V and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 States to ratify it.
It is regarded as the oldest written and codified national constitution in force.[4]
Since the Constitution came into force in 1789, it has been amended 27 times, including one amendment that repealed a previous one,[5] in order to meet the needs of a nation that has profoundly changed since the 18th century.[6] In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government.[7][8]
The majority of the 17 later amendments expand individual civil rights protections.
Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages[9] of the original U.S. Constitution are written on parchment.[10]
According to the United States Senate:
“The Constitution’s first three words—We the People—affirm that the government
of the United States exists to serve its citizens. For over two centuries the Constitution has remained in force because its framers wisely separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments.”[6] The first permanent constitution,[a] it is interpreted, supplemented, and implemented by a large body of federal constitutional law, and has influenced the constitutions of other nations.
Source: Constitution of the United States – Wikipedia
Constitutional Republic governed by the Constitution of the United States.
Related Legal Terms and Issues
Tyranny – Brutal and oppressive governmental rule.
Kid Rock – We The People (Lyrics) – Bing video
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