The forces of history presented
the founding fathers with a unique opportunity to start the world all over
again, to learn from the mistakes of the old world and to implement a radical
experiment. The word ‘experiment’ is entirely appropriate because the American Constitution
effectively tests out the concepts of representative government and
republicanism within the boundaries of how the political world was understood
at the time (in that ‘liberty’ was exclusively associated with white male
land-owners). That said; the Constitution was tempered by a skeptical stance on
the corrupting influence of power. The American Constitution therefore reflects
a stimulating mix of both genuine optimism and healthy realism about
politicians.
The optimistic streak within the
Constitution is perhaps best exemplified in the phrase “pursuit of happiness.”
No other country had ever used such a stridently positive tone, and no other country
has done so since. This sense of optimism is one of the more appealing
characteristics of the American people. Regardless of one's view of his administration, Obama’s campaign slogan from
2008 (“yes, we can”) resonated with the American citizens in a way that people
in many other countries would find less convincing. This inherent optimism springs
from being part of a country that is, in John Winthrop’s inspiring words; the
city on the Hill.
Having
offered these glowing observations, it must be accepted that the Constitution
is also tempered by a very negative appraisal of how power corrupts. Men were
viewed not as earthly angels full of virtue but as demons full of vice. Most
notably, the Constitution seeks to ensure sufficient checks and balances upon
those who might exercise power (what the political scientist Francis Fukuyama
calls a “vetocracy”). Each branch of government has the ability to greatly
limit the power of another. The separation of powers is also relevant here. The
founding fathers were so fearful of tyrannical rule by the majority that they
banned nationwide referendums and stipulated that elections should be held at
staggered intervals in order to prevent one party dominating the various levels
of governance. Each of the three branches has enumerated powers within their
own specific remit. Even the world’s most powerful man is heavily constrained
by the powers of the legislature and the judiciary. That said; the Head of
State has been adroit at finding ways around the Constitution – at times ably
assisted by Congress during periods of unified government. This was
particularly notable during the imperial presidency era from FDR to LBJ, although examples can also be found from recent administrations under George 'Dubya' Bush and Barack Obama.
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