Constructive Discrimination
Alex Hunnewell
Constitutionalism, Law, and Politics
Professor Munoz
October 8, 2013
Constructive Discrimination
In The promise of American Life, Herbert Croly introduces the concept of constructive discrimination arguing that a problem with American democracy is that a popular majority decides both law and way of life for everyone including an unpopular minority. He believes that a democracy can only work if all beliefs and values are represented during the governing process. The argument is that his belief is not apparent in the United States. Constructive discrimination represents laws or rules put in place that do not intend to discriminate against a certain population, but indirectly do. Without constructive discrimination, Croly describes what he believes a democracy should be: “A democracy should encourage the political leadership of experienced, educated, and well-trained men, but only on the express condition that their power is delegated and is to be used […] for the benefit of the people as a whole” (199). A basic definition of democracy is that all the people have a say or vote in the matters of government and law. Croly believes that all laws should be made for the benefit of everyone as a whole regardless of intention. This belief is true in many democracies, but in occasions where a popular majority gains control of power, the other minority is not thought of when laws are enacted. He begins to focus on universal suffrage something that was not a part of the early American government: “A substantially universal suffrage merely places the ultimate political responsibility in the hands of those for whose benefit governments are created” (199). All people should have a say in government and law so that all people’s beliefs and values are at least represented. Constructive discrimination is a problem in democracy that prevents people with a minority belief to benefit through the law when ideally all people are supposed to have
Constitutionalism, Law, and Politics
Professor Munoz
October 8, 2013
Constructive Discrimination
In The promise of American Life, Herbert Croly introduces the concept of constructive discrimination arguing that a problem with American democracy is that a popular majority decides both law and way of life for everyone including an unpopular minority. He believes that a democracy can only work if all beliefs and values are represented during the governing process. The argument is that his belief is not apparent in the United States. Constructive discrimination represents laws or rules put in place that do not intend to discriminate against a certain population, but indirectly do. Without constructive discrimination, Croly describes what he believes a democracy should be: “A democracy should encourage the political leadership of experienced, educated, and well-trained men, but only on the express condition that their power is delegated and is to be used […] for the benefit of the people as a whole” (199). A basic definition of democracy is that all the people have a say or vote in the matters of government and law. Croly believes that all laws should be made for the benefit of everyone as a whole regardless of intention. This belief is true in many democracies, but in occasions where a popular majority gains control of power, the other minority is not thought of when laws are enacted. He begins to focus on universal suffrage something that was not a part of the early American government: “A substantially universal suffrage merely places the ultimate political responsibility in the hands of those for whose benefit governments are created” (199). All people should have a say in government and law so that all people’s beliefs and values are at least represented. Constructive discrimination is a problem in democracy that prevents people with a minority belief to benefit through the law when ideally all people are supposed to have