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Representation Vs Presidential Veto Analysis

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In this paper I will argue that two crucial aspects of the US Constitution, equal membership in the Senate and the presidential veto, have created undemocratic institutions and consequences such as 1) a ‘democratically’ unbalanced distribution of power and resources in the Senate and 2) an excessive exercise of presidential power. Henceforth, I’m not asserting that the constitution as a whole is undemocratic; rather, I’m arguing that both Senate representation and the presidential veto have contributed to the creation of a dysfunctional political system and legislative process. Whereas composition in the Senate is a structural constitutional weakness, the presidential veto is not so much a structural flaw than it is a political one, which has …show more content…

Additionally, a democratic constitution specifies both the means through which legislation is enacted, as well as the ways in which agents are constrained from undermining the sovereign authority and rights of their constituents (Freeman, 3). Thirdly, a democratic constitution must support majority rule, but also allow for the expression of a diverse set of interests in policy (KJKV, 28). In other words, a democracy necessitates majority support for legislation, and the constitution must be constructed in ways that express and preserve the rights and powers of those constituents (Dahl, 137). Therein lies where apportionment of power in the Senate fails ‘democratically’. To be strongly majoritarian, citizens’ votes in small states should not surpass those of citizens in largely populated states as is practiced in the Senate (KJKV, 28). So why is it that the Constitution disproportionately allocates an equal amount of power between large and small …show more content…

This has produced measurable consequences like a disproportionate flow of federal funds and resources to under populated states. By allocating an equal number of votes between small and large states, the Constitution has allowed for an undemocratic distribution of resources. Moreover, because of the loose constraints placed on the presidential veto, some ague that an era of ‘imperial presidency’ is looming over us. Though this view is a bit extreme, it does stress the likely dangers that might arise if the president goes unchecked and is allowed to consolidate legislative and executive power into one branch. In practice, the use of checks and balances in legislation has diminished, and it might just be the case that the founders’ system of checks and balance is on the brink of

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