You will prepare and submit a term paper on How Democratic Is the Constitution. Your paper should be a minimum of 1500 words in length. The basic “undemocratic” aspect of the Constitution is the tolerance of slavery. The reason for this leniency was to guarantee the support of Southern states, where slavery was common compared to the rest of the country. He points out that the Constitution did not bestow voting rights to all American, as African American, Women and the indigenous people were excluded, which is against the spirit of freedom and democratic values.
Article II empowers states to select the number of electors proportional to its population, but as the current status of the population is changed in all states, it has been changed, which can change the whole process of president selection. According to Article I, the senators had to be appointed by the state legislature, which was the unfair practice in a real democracy.
He mentions that the judges are empowered to rule any law unconstitutional, even if it is approved by legislature and president. Ironically the judges do not come through election but rather appointed, empowering them so enormously is subverting a democratic government to the judiciary.
The constitution is supposed to have comprehensive powers and should reserve supremacy in the regulation of the state, yet congress powers are limited. He cites the example of the Sixteenth Amendment, where the Court narrowly interpreted Congress powers and little powers were given to the Federal government to influence the economy. Dahal thinks the Constitution has a gap and Court often seems to fill that space for which they are not entitled according to the Constitution.
Dahal compares the American Constitution with constitutions of the other (22) nations.
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