Constitutional Convention
Constitutional Convention of 1787 was a significant day in the history of the United States. Constitutional Convention set the future course of action for the national and state governments in the United States of America. Diverse factions and delegates from federal and state governments participated to formulate a constitution for the United States. Different factions represented at the Constitutional Convention with wide difference over numbers of issues, however, they all overcame the difference and finalized the American Constitution at the Constitutional Convention.
American Constitution has been the foundation of the United States government for over two centuries. It defines the outline of the American government that establishes a federal government and the states governments to form an effective political union. American constitution is one of the most persistent agreements in the political history of the world. American constitution has set an example for the entire world due to its potentials of constitutional government, and different countries of the world has taken the relevant provisions from American constitution to formulate their own constitutions. American constitution is the supreme law of the land and all other laws and decisions taken by the judiciary comes under American constitution. It has the highest authority than any other law in America. It even surpasses the laws passed by the Congress and different state legislatures. The original documents of the American Constitution is placed at National Archive.
Constitutional Convention was held in Philadelphia from 23 May to 17 September 1787. The convention drafted and finalized the document that has put the United States among the few most admired constitutional democracies of the world. As the convention was prolonged for about four months, therefore, different sessions were held during the period. There were fifty-five delegates from across the United States of America who attended the various sessions of the convention. Delegates from twelve states and many educated and wealthy elite of the country gathered for drafting the historic document. It had George Washington, the President of the convention who had commanded the American military during the war of independence. It included the great figures like Benjamin Franklin, at the age of 81, the oldest of the delegates and most renowned statesman of the United States. In addition, the convention has patriots like James Madison, John Ray, Alexander Hamilton, and George Mason. Thomas Jefferson missed the event for being away to France. John Adams and Patrick Henry missed the convention for other reasons. There were many from lawyers’ community and many wealthy landowners. The convention was conducted in three phases.
First phase was conducted from 23 May to 26 July 1787, in which the delegates created the basic features of the federal government including the legislative, judicial and executive divisions. First of the disagreements was on the issue of small and large states and their representation at the federal level. The disagreement led to the creation of a bicameral legislature. It was compromised by all the delegates to have two upper house, the Congress and the House of Representatives. Delegates agreed to grant substantial powers to the states and enhanced states involvement in the functioning of national government. Second conflict was about the powers of national and state governments. Nationalists like Hamilton wanted more powers for the central government, whereas, people like George Mason wanted strong state governments. As a result, Federalism was adopted that shared the powers between national and state governments. Third disagreement was on the working of executive, judicial and legislative branches. A system of strong president was created to balance out the strong congress. It resulted in a single executive, no constitutional council, election through Electoral College, and presidential powers on foreign affairs, military and the administration. Fourth conflicting issue was the slavery. At the time of Constitutional Convention, northern states were moving towards liberation whereas southern states were not sure about the future of constitution. The convention agreed to abolish the import of slaves from abroad after twenty years and a system of blacks’ representation in the two houses and Electoral College was agreed upon.
During the second phase of the convention from 26 July to 6 August 1787, the committee created a draft of the constitution. In the third phase of the convention from 6 August to 6 September 1787, the delegates discussed different issues needing consensus, especially few related to the election of the president and working of executive branch. Benjamin Franklin suggested the Electoral College on which they all agreed. On 17 September 1787, 39 delegates out of the 42 present at the arena signed the historic document, the American Constitution.
Madisonian democracy
James Madison democracy is the one that mergers a majoritarian democracy in few areas with safeguard to minorities and citizens’ rights in other areas. Restrictions are enforced on majoritarian power in order to curtail the likelihood of manipulations or totalitarian uses of authority. Madison was a critic of democracy as he inspired redefining the democracy. Madison emphasized on accountability and advocated the mechanism of sharing responsibility in projects related to creating policies for promoting justice. As per Madison, checks and balances are the spirit of democracy, used as a means of harnessing moral impulses found present among the citizens. The checks and balances help in construction of the civil society. In Madisonian democracy, the public political participation is important and the participation is meant for the service of accountability. Madisonian democracy seems to be a better democracy as compared to the conventional democracy with popular self-government. When Madison says popular government should not be a self-government raises doubts about the legitimacy of the popular government. As Madison wrote, “A dependence on the people is the primary control of government.” To him, democracy is a system meant to ensure the exercise of power through a deliberate system of checks and balances.
The events of Civil Rights Movement and Madisonian democracy had long-lasting association in the twentieth century. In 1948, President Truman signed the Executive Order 9981, in which he declared that "It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion, or national origin." In 1954, the United States Supreme Court gave the verdict that the segregation in public school was unconstitutional that paved the way for large scale desegregation. In 1955, the incident of whistling a white women by fourteen years old boy after which he was kidnapped and brutally murdered. The culprits later acquitted by an all-white jury and the case became a factor of gearing up the civil rights movement. In December same year, NAACP member Rosa Parks refused to give up her seat for a white passenger and she was arrested. Black community launched a bus boycott for more than a year. In 1957, Martin Luther King, Fred L.Shuttlesworth and Charles K. Steele created the SCLC (Southern Christian Leadership Conference) and Martin Luther King became the first president of the conference. SCLC formed on the principles of non-violence and civil disobedience and thus became the major force in moving forward the cause of civil right movement. The Student Non-Violent Coordinating Committee (SNCC) was founded in 1960 that provided the black students a platform to speed up the civil rights movement. In August 1963, Martin Luther King delivered his famous speech, “I have a Dream” at Lincoln Memorial which was attended by about 2000 people in a March on Washington. In 1964, the poll tax was abolished in order to allow blacks to vote. In the summers of 1964 commonly known as freedom summers, the Council of Federated Organizations (COFO), including CORE and SNCC, launched a massive campaign to register black voters. The movement also sent delegates to the Democratic National Convention to protest. On 2 July 1964, President Johnson signed the Civil Right Act 1964. It was the most convincing civil rights legislation that prohibited all types of discrimination due to race, color, religion, or national origin. The law also enabled the federal government with the authorities to implement desegregation. In 1963, Malcolm X, a black nationalist was shot to death by another Black Muslim for changing faith. In the month of March same year, Blacks started a march to Montgomery for the grant of voting rights but they were stopped at the Pettus Bridge by the police. Police used tear gas, whips, and clubs against the protestors; many of them were hospitalized. In 1965, Congress passed the Voting Right Act of 1965, thus making it easier for the Blacks in the South to register their votes. In 1968, President Johnson signed the Civil Rights Act of 1968 that prohibited the discrimination in sale, financing or rental of housing.
The political events of civil rights movement has a direct link with the Madisonian democracy, and it was the democracy in the United States that slowly and gradually made it possible for the Blacks to have equal rights in the Country. Transformation of blacks from slaves into the humans of equal importance is a big thing happened in the United States due to the Madisonian democracy. The principal of majority and minority as illustrated by Madison was the reason for the support provided to the Blacks from within the white community. Civil Rights Movement was the major change in the lives of Blacks in the United States and Madisonian democracy made it possible. Event after signing of Civil Rights Acts, indicated the improved conditions for the Blacks in America and despite few incidents of anti-Black riots, things have been moving towards the right direction favoring better future for the Blacks. It was due to the democracy that was not self-governed and the authorities were answerable to the public for their actions. The accountability factor in the democracy had a major impact on the making of events that led to end of slavery and a free Black community in the United States.
Quality of American democracy is the best in the world as it had evolved over the last two century. The success of the democracy can easily be measured by the freedom, people from different ethnic groups and colors, enjoy today. The success of American democracy is visible in the shape of a Black American President who is elected for the second consecutive term. It needs years of mental transformation to accept a slave as a person of equal status and then to elect one out of the same race. American people have passed through the mental transformation and they accept people as equal in social status, irrespective of their creed, color and ethnic group. There are issues like mass incarceration of colored people in the United States and a flexible and liberal attitude of judicial system towards white Americans. However, in such a huge population and with so much freedom granted, these issues shall settle down in few decades.
Although, Madisonian democracy has been much criticized by the critics for not allowing the elected representative function as per their desires, has been successful in the United States. The principles of checks and balances and accountability factor has compelled the elected representatives to work for the interest of the country, the system and the people. Madisonian democracy came along with the Civil Rights Movements throughout the twentieth century and has supported the movement in some way or the other. The success of the United States as a democracy and as a superpower today, is the result of respect given to the humanity. In the United States, people of all colors can enjoy the equal freedom of expression, right to property, education, housing and every field of life. America stands out today with the most successful record of maintenance of democracy for over two centuries.
