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Constitutional Democracy

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Constitutional Democracy
Student’s Name
Institutional Affiliations
Constitutional Democracy
The constitution is defined as a set of rules and procedures necessary for the proper running of an organization. This means that a constitution can be written for various bodies that include a country, state or an organization. Democracy is a type of government. The government that practices democracy gives power to its citizen and allows them to make the decision for the government either directly or through elected officials. Constitutional democracy is a type of democracy where the powers of the citizens are guaranteed and exercised within the constraints of the constitution. In a constitutional democratic country, the people engage in elections to decide who should lead their government (Wilson, 2012). The elected leaders should also act within the provisions of the constitution and also safeguard it.
The U.S constitution which was formulated back in the year 1787 guarantees constitutional democracy to all U.S citizens. It functions in several ways to guarantee constitutional democracy to all citizens in the U.S. Firstly, the U.S constitution identifies the people as the ultimate source of authority. The government gets its power to govern from the people. This means that no leader can attain power to govern the people without receiving consent from them through a free and fair election. Additionally, the constitution protects the right of the minority as much as the majority decision is the one which is considered.

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It protects the right of the unprivileged people and also the voiceless.
Constitutional democracy in the U.S also functions by guaranteeing people the right to liberty. This implies that any personal or political beliefs of parents or ancestors cannot be forcefully passed down to the descendants. Every single person has the personal freedom to act, think or do as he or she pleases so long as whatever he or she does is within the constitution and does not interfere with any other person’s rights (Wilson, 2012). The government has no right to interfere with any citizen’s personal right in the U.S. Also, everyone has the right to associate or support any political movement. Everyone can freely participate in any political process and engage in the process of choosing and removing leaders.
In the American constitutional democracy, it is the right of every single person to pursue happiness as they wish. This is so long as it does not interfere with any other person’s rights. Constitutional democracy in the United States also guarantees equality to all the citizens. This includes legal equality, political equality, social equality and economic equality (Wilson, 2012). Legal equality means that every person has the right to hearing and to be treated equally before the law. Political equality guaranteed that anyone can engage him or herself in any political process without any form of discrimination. Social equality dictates that there should be a class hierarchy that is sanctioned by the law.
Constitutional democracy in the U.S also functions through checks and balances. Different branches of government can exercise powers to other branches through checks and balances. This ensures that they are no branch of government that will independently make decisions that will negatively affect the citizens. The judiciary exercises its power of checks and balances through the courts. It has the power to declare any actions by other branches of government that are not in line with the constitution to be null and void.
During the formulation of the constitution, the philosophers at the time came up with the current structure of the constitution. During a meeting that was conveyed in Philadelphia, it was agreed that the U.S will be ruled by the federal government. This enabled the government to share its powers between the citizens and the state. This move faced out the one that was initially used where all the powers were with the central government. The government would establish laws and amend then as it pleases without involving the citizens. The formulation of the current structure of the constitution draws its inspiration from various sources. One significant source is the Magna Carta, which was issued in 1215 (Wilson, 2012). The Magma Carta helped in establishing a constitution where the powers will be shared between the people and the government. The Magma Carta also influenced some basic laws such as the right to own property, tax laws and other human rights.
In conclusion, the main function of the U.S constitution is to provide a plan for the government. It is a document that is structured in three different parts. The first part known as the Preamble, it states about the functions and power of the government. The next part is the seven article that describes the way the government is set up. The third part is the amendments. The constitution defines the powers of the three branches of government. The first article focuses on the role of the legislature. This is where the Congress as the main legislative body comes in. The second article describes the roles and functions of the judiciary. This involves the role and responsibilities of the president. The third article talks more about the judiciary.

References
Wilson, S. H. (2012). The U.S. Justice System: Law and constitution in early America. Santa Barbara, CA: ABC-CLIO.

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