Part 1
The American Constitution is called a living document for the simple reason that it has existed for far too long than any other document ever drafted to govern any nation in the world. At the same time, it has continued to be the civic cornerstone upon which every other law has been developed, besides it acts as a model for any other emerging or existing democracy in the world (Scaros 17). Since it was penned down, the Constitution has been read and interpreted by many people, including presidents, judges, justices, Congress and even ordinary citizens. Everyone looks up to it to guide and lead them to do the right thing as prescribed by the Founding Fathers. It is no wonder that a section of the population feels as though it needs no further interpretation because any further changes are unnecessary and undesirable. It has grown and has been expanded enough time, so much so that the foundations upon which it was drafted have been preserved because no matter what anyone does there have never been any interpretations of it that have not served the common interests of all Americans.
The American Constitution is the supreme law of the land, and in it are treaties and federal statutes that need to be upheld. In fact, it is often referred to as the law of the people for the people because it can only be changed by the people. At the same time, Congress is given the mandate to pass other laws that serve the common interests of the American people at all times. What is more, this is a provision that guarantees that the Constitution is not changed, but that laws are passed that enhance its practicality, thereby, making it a living document that serves the needs of all Americans living at different times. The Constitution has stood the test of time and has possessed some reverence for continuity and stability.
Part 2
Dual federalism has been embraced by the United States. It is a political scenario that sees to it that power is shared between the state governments and the federal government (Buchanan 32). There are clear terms that govern either of the two where state government autonomously exercise some of the powers given to them without any kind of meddling from the federal government. But again dual federalism calls upon the states and federal governments to collaborate on matters dealing with policy. The Founding Fathers had the best interests of the country at heart, and it is for that reason that they developed a situation where the federal government provides Americans with some of the provisions that cut across. Some of them include a stable economy, a good health care system and perhaps a good national security system (Buchanan 61). But again, they sought to have different state autonomies protected because these are the smaller boundaries or areas of jurisdiction that could ensure the people’s needs are met and that the federal government copes with diversity.
Dual federalism is applied in the United States in a sense that states are given autonomy and are depicted just as powerful as the federal state. The states are, therefore, powerful independent entities that are as equal as the national government (Buchanan 104). The federal government could be in charge, but it has powers over enumerated powers only and has limited constitutional purposes. At the same time, each state is sovereign, can make its rules and laws that are independent of the national government and other states (Dahl 86). That only means that the states and federal governments are sovereign in their independent rights. In liberal terms, it is said that there exists a rigid wall that separates the two.
Part 3
Democracy can best be termed as a way of thinking or doing things in a responsible way. It entails leaders and the people working together to improve the lives of everyone but above all respecting the rights of everyone. The ordinary citizens will have a voice they will use to air their grievances, and the leaders will have the heart to listen to what the people have to say and endeavor to meet their desires and expectations for a better life. Also, democracy will make room for everyone, will embrace diversity at its core and all kinds of ideas will be treated with the importance they so deserve. But above all, everyone will feel important as though they belong; there will be no boundaries that will make a section of the population feel more important than the other because everyone is subjected to equal rights and opportunities.
Now to the question whether America is a democracy or not, the answer could be a rude “NO”. The country has never been a democracy going by historical events that have taken place over the years and even right now. First of all, inequality has been in existence for the longest time. Even structures of power have been used to belittle a section of the population, making them inferior to others. A perfect example can be seen through slavery and how the African American race has been condemned to second-class citizenship while the white majority has been accorded better treatment. Other minority groups have had to face a difficult life in a country that boasts of being the greatest democracy in the world. America is the proverbial person who preaches against drinking wine, but drinks it openly for all to see, including those told not to drink it because it is bad. A democratic country is one that allows its citizens to make decisions on matters of policy and the United States does not. Of course, the Founding Fathers expected the rights and privileges of the new arrivals in the new lands to be respected. They were running away from a repressive rule of England at the time and could not have wished for anything better than that.
Part 4
If I was one of the framers of the Bill of Rights, there is so much that I could have proposed to be included in it because as it turned out, it did not serve the best interests of everybody. Apparently, it did not cater to women and Native Americans. One thing the drafters of this critical piece of legislation forgot is that America belonged to another group of people who they found already living in it. The Native Americans were totally ignored. What is more, they were treated like aliens when they were not. Women and children were also totally ignored. That only implies that whole groups of deserving Americans were left out and were only included in it through amendments. Perhaps the race problem and gender issue the country is still battling today are as a result of the first sin committed by the drafters of the Bill of Rights. It marginalized a section of the population when they needed not to. I could have suggested that the document protects the interest of everyone regardless of who they are, but it did not. Perhaps the reason that happened is that throughout history, women and children were never accorded the same rights and privileges as men. It needs to be remembered that the Constitution of the United States borrowed a lot from the Christian religion and in Christianity women and children is not given importance. Perhaps that is the reason they were perceived as lesser citizens, even in the new lands. Also, the Indians and other Native Americans had been discriminated against from the moment the first settler arrived in the new lands. They were considered savages and not worth to be equated to the new arrivals that made the situation worse for the natives. There were clear boundaries drawn between the people who were considered important and those who were less important. The gap between those who belonged and those who have not been so wide that it had to be captured in the Constitution and particularly the Bill of Rights.
Work Cited
Buchanan, Patrick J. A Republic, Not an Empire: Reclaiming America’s Destiny. Washington, D. C: Regnery Publishing, 2013. Print
Dahl, Robert Alan. How Democratic is the American Constitution? New Haven: Yale University Press, 2003. Print
Scaros, Constantinos E. Understanding the Constitution. New York: Jones & Bartlett, 2011. Print
