The Relationship between Democracy and the Rule of Law ; The Relationship between Democracy and Constitutionalism: A Story of the Abolition in American History

The relationship between democracy and constitutionalism is a complicated and multi-dimensional question. This essay attempts to elucidate it from the viewpoint of the liberalism which admits fallibility and improvability. Democracy and constitutionalism are to be understood as constant procedure of improvement in the course of which the both of them are to influence each other. The author believes that liberalism is the positive interaction between democracy and constitutionalism for the political equality and human rights of the vulnerable and underprivileged. This essay finds a vivid example of such interaction in the American history of the Abolition. The original constitution drafted in 1787 failed to outlaw slavery which meant a gross defect of democracy and constitutionalism. Thereafter reforming movements continued through the Civil War to culminate in so-called Reconstruction Amendments. The history can be seen as the history of rectifying the flawed democracy and constitution The Southerners, however, had the opposite conceptions of democracy and constitutionalism. They insisted on the popular sovereignty and the constitutionality of slavery as property. They were supported even by the supreme courts holdings in Dred Scott v. Sandford. But this essay contends that they were so contrary to the liberal conception of democracy and constitutionalism that they were forced to be abrogated. Last but the least, this essay asserts the rectifying procedure should be defensive rather than aggressive. So to speak, the procedure should hold the maintenance of the basic constitutional order. It is well demonstrated at Lincolns stance on slavery..