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Essay / The Liberal Backbone of America - 1516
The Liberal Backbone of AmericaUnder democratic capitalism, the U.S. Constitution and governmental structure have a fundamentally liberal backbone. Viewed as a social contract, the relationship between the state and the individual is expressed in the Constitution which dictates the liberal values intrinsically woven into American history. Combined with the Bill of Rights, the Constitution holds representative government accountable for its actions and sets limited limits on the power it exercises over the individual. A capitalist society like that of the United States uses taxation and wealth distribution as tools to control social equality, an inevitable hypocrisy of liberal values in a democratic welfare state. Classic liberal values that prioritize individual rights have been modernized to fit a slightly paternalistic welfare system. Classical liberalism suggests that the state and society can be seen as an immense social contract. In a liberal and democratic country like America, the constitution is the fundamental element of this social contract; it is a contract between the State and civil society. The U.S. Constitution is a guide to legislation and its interpretation. An essentially liberal contract, the constitution binds not only the government, but also the people. Through the constitution, the people collectively undertake to respect certain institutional procedures for the management of public affairs and the resolution of social conflicts. The Constitution not only limits the arbitrary power of government, but also prevents public administration from being poisoned by people's short-term tempers and passions. Through the constitution, the people collectively agree to put in place certain checks against these wayward human sentiments. A central liberal principle that the U.S. Constitution serves is to limit and separate governmental power. The classically liberal distrust of majoritarian tyranny has been perpetuated in current American politics through its role in the Constitution. In a liberal constitutional system, there is an important difference between the constitution and ordinary laws. Although ordinary laws may be amended or repealed to protect civil liberties by the national legislature, or declared illegal or unconstitutional through the process of judicial review (Burns et al, 1993, p. 21), the national legislature has not generally no unilateral power to amend or repeal the constitution, and the judiciary does not have the power to declare the constitution illegal. For example, in the United States, the constitution can only be amended after approval by the legislatures (or constitutional conventions) of two-thirds of the states, or by a two-thirds vote of both houses of Congress, followed by ratification from three countries. quarters of the States or their ratification conventions (Burns et al, 1993, p..