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Design Flaws In The Us Constitution

1211 words - 5 pages

The Constitution embodies excellent ideals that have helped us establish our nation’s system of operation and it allows decision makers to come together to solve collective problems on a daily basis. The founders intended to design a Constitution that would be an enduring foundation for the newly formed country. Although several institutions show that the founders emphasized the need for a system that could stand the test of time, the Constitution has not succeeded in its goals of promoting government by enlightened, engaged political players, deterring the adverse repercussions of factions, and inhibiting the government from overreaching its delimited powers to infringe upon the civil ...view middle of the document...

The national government itself is supposed to have a divided opinion; however, often times there are negative effects that arise from individuals that are clustered around a set of beliefs or political views. The Bill of Rights is present to help protect the minority views and discourage any negative effects that may arise from being a part of a small party. It was written to protect the rights of the people and their opinions as the First Amendment states. However, the Constitution is not written in a way that discourages the negative effect of factions that occur such as congressional gridlock and political polarization. The Median Voter Theorem shows how individuals gravitate towards policies that are closest to their favorite policy, therefore forcing political parties to move closer to one particular side of the spectrum in order to catch those median voters. The New Jersey Plan would have placed severe restrictions on individuals that opposed any treaty or agreement trying to be enacted.
Another example in modern day politics is that members of Congress are elected by majority vote instead of proportional representation which then pushes towards a two party system as stated in Duverger's Law, which asserts that plurality elections tend to cultivate two party systems. It prevents candidates who are running as independent to really have a strong position in the elections. Since the general election exemplifies a First Past the Post System, candidates can moderate their positions to win through strategic positioning or strategic voting. If there was a proportional system of representation, smaller groups could be represented by people of their own party instead of having to fight to get their interests heard within a larger two party system.
When faced with threats, the Constitution is not written in a way that restricts the legislative and executive branches from infringing on the rights of the people. Failure to restrain the government from taking more power than it should results in hindrance of individual liberties. The Fourth Amendment is an example of how the government is restrained from using their power to reduce individual liberty because it protects the rights of the people by restraining authorities from unreasonable searches and seizures. However, after 09/11/2011 and the USA Patriot Act, the national government clearly violated the Fourth Amendment because it ushered in a new era for the loss of civil liberties for the American people.
In Part 8 of the Virginia Plan, it gave veto power to both the executive and judicial branches. This would be good because it gives the Supreme Court more power to preemptively block bad laws. For example, if this were in...

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