Saturday, October 24, 2015

From the articles I-XXVII of the US Constitution, what are 5 examples of violations of popular sovereignty, political equality, political liberty, justice and/or democracy?

There are only seven articles in the United States Constitution. There are twenty-seven amendments to the Constitution. There are several ways in which the United States Constitution violates popular sovereignty, political equality, political liberty, justice, and democracy.
One example of how the United States Constitution violates popular sovereignty is the process of how we elect our President. The Electoral College actually chooses our President. There have been a few instances where a candidate won the popular vote but lost the vote in the Electoral College. This happened in the presidential election of 2016.
An example of how political equality is violated can be seen with the United States Senate. Each state, regardless of its population, has two senators. As a result, senators from states with large populations represent more people than senators from states with smaller populations.
Several examples of the violation of democracy and political liberty are that there are limits on who can run for the Congress and for the presidency. A person must be at 25 years old to run for the House of Representatives. To run for the United States Senate, a person must be at least 30 years. To run for the presidency, a person must be at least 35 years old.
Our Supreme Court justices are appointed and confirmed by the Senate. This violates the idea of popular sovereignty and may violate the concept of justice. When the Senate refused to vote on the appointment of Supreme Court nominee Merrick Garland because he was appointed in the last year of President Obama’s term, many people felt this was a violation of justice.
All of these points are examples of violations of popular sovereignty, political equality, political liberty, justice, and democracy.
http://constitutionus.com/


First of all, please note that there are not 27 articles to the Constitution of the United States.  Instead, there are only seven articles.  In addition, there are 27 amendments that have been ratified since the Constitution was created.  It is not clear whether you mean that we should find violations within the Constitution proper or whether you are including all the amendments.  Here are some violations:
Article I, Section 2 says that people cannot be elected to the House of Representatives if they are not at least 25 years old.  This violates popular sovereignty because it does not allow people to vote for whomever they want.  It also violates political liberty because it discriminates against people under 25 years of age.
Article I, Section 3, gives two senators to each state.  This violates political equality.  It means (today) that all the 38 million people in California are only represented by two senators, just the same as the 580,000 people in Wyoming.  This gives each person in Wyoming much more say over the Senate than each person in California.
This same article says a person cannot be a senator unless they are at least 30 years old.  This violates the same things that I mentioned in the first bulleted point.
Article I, Section 9 lists all sorts of things that the Congress cannot do.  This violates popular sovereignty.  The government should be able to do whatever the people want.  If the people want the government to make an ex post facto law, the idea of popular sovereignty says they should get their way.  Every amendment to the Constitution that says “Congress shall make no law…” does this as well.
Article II, Section 1 creates the Electoral College.  This violates popular sovereignty because it does not allow the people to elect the president directly.
All of these are, arguably, violations of aspects of democracy.
https://www.archives.gov/founding-docs

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