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The United States is a Constitutional Republic

The United States is a Constitutional Republic

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"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." [1]

The United States is most accurately described as a constitutional republic, not a democracy. In fact, the word "democracy" isn't used once in the Pledge of Allegiance, the Declaration of Independence, or the Constitution.

How can that be?

It turns out that the Founding Fathers were quite concerned with allowing any form of tyranny, including a tyranny of the majority.

democracy (noun): government by the people; rule of the majority [2]

Instead, they set up a system of government in which citizens elect representatives who govern according to the law. This is known as a republic.

republic (noun): a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law [3]

The concept of republicanism recognizes that there is more to the common good of a political community than the wishes of a simple majority of its citizens. The Founders sought to create a carefully balanced system of government that would protect the rights of both the majority and the minority.

"...measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority." James Madison, Federalist No. 10 [4]

The potential for unchecked power of the majority is cleverly summed up by the common saying, "Democracy is two wolves and a lamb voting on what to have for dinner."

The Constitution[5] is the supreme law of the United States, and the legal power of the government stems from the Constitution itself. The Constitution divides the federal government into three branches: the legislative, executive, and judicial branches. Each branch is designed to check the power of the other branches.

The Constitution was written, not to further democracy, but to uphold liberty. It was designed to protect individuals' rights from the government, and in doing so, the government's scope and scale were strictly limited.

Remember, this is the United States of America, not the United State of America. We are, first and foremost, a collection of states. The Constitution was specifically designed to prevent a large, centralized power.

To ensure that the interests of every state are equally represented, each state has two senators regardless of population size. This creates a balance of power between large and small states. Otherwise, states with larger populations could push through legislation that may not be in the best interest of smaller states. In other words, it is a system of forced compromise among state representatives.

The Constitution also set up a system by which states could elect the president, called the Electoral College. This system rejects a popular vote in favor of state electors, which some people are critical of today. However, as stated by John Samples of the Cato Institute, "The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic."[6]

Does the United States have democratic processes and procedures? Yes. Are we a democracy in the philosophical sense of rule by the people? Of course. But it's important to remember that the Founders had no intention of creating a pure democracy where decisions are made according to the will of the majority. Rather, they sought to maintain the power of the states and protect individual liberty through constitutional law.

 

References

1. The Pledge of Allegiance to the FlagUnited States Code. Office of the Law Revision Counsel of the United States House of Representatives.

2. Definition of Democracy. Merriam-Webster Dictionary.

3. Definition of RepublicMerriam-Webster Dictionary.

4. Federalist No. 10. James Madison. Library of Congress Research Guides.

5. The Constitution of the United States. National Archives.

6. In Defense of the Electoral College. November 10, 2000. John Samples. Cato Institute.