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Today’s U.S. system of government bears little resemblance to the Constitutional framework established in 1789.
And that’s a good thing.
While the basic structure—three branches of government, checks and balances, and federalism—remains, many aspects of how the government functions have diverged significantly from the founders’ original vision.
The framers envisioned a limited federal government with strong state autonomy, but the modern U.S. government is far more centralized and expansive, reflecting the rise of executive power, federal authority, legislative gridlock and an increasingly active judiciary. These developments have created a system that would be almost unrecognizable to the Constitution’s architects.
This departure from the original design is ultimately positive, as it reflects the evolution of American governance beyond the flaws and limitations of its early framework.
The framers’ vision, grounded in Enlightenment ideals and 18th-century compromises, was constrained by the context of its time. As the United States grew demographically and politically, the system adapted to reflect modern realities. It became more inclusive, representative of a diverse population and committed to expanding the rights and liberties of all citizens. These changes have strengthened American democracy by incorporating more voices into the political process.
Initially, the framers sought to limit the power of the federal government, placing significant authority in the hands of states. However, as the nation matured, the necessity of federal intervention in areas like civil rights, economic regulation and public health became clear. The Civil War, the New Deal and the civil rights movement underscored the need for a stronger federal government to address national challenges that states were unable or unwilling to handle.
The judiciary, originally intended as a relatively weak branch, has evolved into a powerful interpreter of the Constitution. Judicial review, established by Marbury v. Madison (1803), allowed the Supreme Court to address social and political issues unforeseen by the framers. This judicial flexibility has enabled the Constitution to remain a living document, responsive to evolving moral and ethical standards.
The executive branch, designed to have limited power, has grown substantially, especially during times of crisis. The growth of the administrative state reflects the need for specialized governance in areas like economic regulation, environmental protection and public health, challenges that the framers could not have anticipated. While this centralization may seem to weaken the checks and balances system, these agencies have been essential in regulating modern society.
Most notably, the framers’ vision enshrined systems of inequality, including slavery and the subjugation of women. Over time, social progress and legal reforms have vastly expanded rights, moving beyond the framers’ narrow view. The abolition of slavery, the expansion of women’s rights and the push for LGBTQ+ equality exemplify how modern governance has advanced far beyond the original limitations.
While the modern system differs greatly from the framers’ blueprint, these changes have ultimately strengthened the government’s ability to serve its people and adapt to the complexities of the modern world.
Congress, once envisioned as the most powerful branch of government, has seen its role diminish due to partisan gridlock and the growing powers of the executive and judicial branches. This has led to a decline in legislative power, with presidents often bypassing Congress through executive orders and taking military actions without formal declarations of war.
The judiciary’s role has also evolved, with the Supreme Court actively shaping social and political issues. Key decisions like Brown v. Board of Education, Roe v. Wade and Obergefell v. Hodges have made the court a central force in defining rights and liberties. The judiciary’s expanded role marks a departure from the more restrained function originally foreseen.
Federalism has shifted, too, with increased federal dominance over state governments in areas like health care and education. Although states still retain authority in key areas, the balance has shifted away from the decentralized system the framers designed.
Political parties, which the framers did not anticipate, now dominate the political landscape, deepening polarization and making compromise difficult. This has transformed governance and created an environment where party loyalty often takes precedence over national interest.
Yet the system has also become more democratic over time. Amendments and reforms, such as the 15th, 19th and 26th Amendments, expanded voting rights and made the government more representative of its diverse population. Initiatives like the direct election of senators and laws promoting transparency have further democratized the political system.
Despite this progress, ongoing challenges remain, including voter suppression, gerrymandering and political polarization, showing that the evolution of American government has been deeply contested. The system bears little resemblance to what the framers originally envisioned, but many of these changes reflect a necessary response to societal demands for more democracy, equality and representation.
Perhaps most important development has been the expanded rights of American citizens and the tensions of the protections enshrined in the U.S. Constitution to state governments through the incorporation doctrine.
This doctrine has been critical in ensuring that individuals enjoy civil liberties free not just from federal encroachments but also from state and local governments. Driven by constitutional amendments, judicial rulings and social movements, the scope of individual freedoms in the United States has greatly expanded.
When the Bill of Rights was ratified in 1791, its protections applied only to the federal government, allowing states to regulate matters like speech, religion and due process without adhering to these constitutional guarantees. In Barron v. Baltimore (1833), the Supreme Court confirmed this, ruling that the Bill of Rights did not apply to states, allowing them to violate rights such as free speech or due process without federal intervention.
This dynamic began to shift after the Civil War with the ratification of the 14th Amendment in 1868, which fundamentally altered the relationship between citizens and state governments. The amendment’s equal protection and due process clauses laid the groundwork for the expansion of rights at the state level. The equal protection clause prohibited states from denying any person equal protection under the law, while the due process clause prevented states from depriving individuals of life, liberty or property without due process of law.
This set the stage for the gradual application of the Bill of Rights to the states, a process known as selective incorporation, which unfolded over the next century through key Supreme Court cases.
For example:
- Gitlow v. New York (1925) extended First Amendment free speech protections to the states.
- Near v. Minnesota (1931) applied First Amendment press freedoms to state governments, ensuring states could not impose prior restraint on publications.
- Mapp v. Ohio (1961) extended the Fourth Amendment’s protections against unreasonable searches and seizures to the states, barring illegally obtained evidence in state courts.
- Gideon v. Wainwright (1963) ensured the right to legal counsel in state criminal cases, even for defendants who could not afford representation.
- Miranda v. Arizona (1966) incorporated Fifth Amendment protections, requiring state officials to inform arrested individuals of their rights.
- McDonald v. Chicago (2010) incorporated the Second Amendment, affirming an individual’s right to bear arms under state law.
The civil rights movement was pivotal in expanding constitutional protections for all citizens, particularly through key rulings and legislation:
- Brown v. Board of Education (1954) invoked the equal protection clause to dismantle racial segregation in public schools.
- The Civil Rights Act of 1964 and the Voting Rights Act of 1965 ensured that states could no longer discriminate based on race in public accommodations or voting practices.
- Loving v. Virginia (1967) struck down bans on interracial marriage, affirming the right to marry as a fundamental liberty.
Privacy rights, though not explicitly mentioned in the Constitution, have been established through other landmark rulings:
- Griswold v. Connecticut (1965) recognized a constitutional right to privacy in marital relations, striking down state bans on contraceptives.
- Roe v. Wade (1973) affirmed women’s rights to choose abortion based on privacy rights, a decision reversed by Dobbs v. Jackson Women’s Health Organization (2022), which gave states the power to restrict abortion.
- Lawrence v. Texas (2003) invalidated state sodomy laws that targeted LGBTQ+ individuals.
- Obergefell v. Hodges (2015) extended the right to marry to same-sex couples, citing the equal protection and due process clauses.
Despite these gains, challenges remain, particularly regarding voting rights. Recent legal battles over voter ID laws, gerrymandering and disenfranchisement show the ongoing struggle for full electoral representation. The 2013 Supreme Court ruling in Shelby County v. Holder weakened the Voting Rights Act of 1965, sparking concerns about the erosion of voting protections at the state level.
While significant progress has been made, particularly in extending protections from the federal to the state level, ongoing challenges illustrate that the fight for equal rights and full democratic participation continues.
The government framework established in 1789 was deeply flawed by today’s standards. The original Constitution was exclusionary and undemocratic and protected slavery, the disenfranchisement of women and restrictions on the rights of nonwhite individuals. While significant gains have expanded democracy, equality and liberty, challenges remain in achieving the nation’s professed ideals. However, the story of constitutional and institutional change in this country has been far from straightforward or linear, marked by conflict, resistance and moments of regression.
The path toward a more inclusive system has been turbulent. Key expansions of rights—such as the abolition of slavery, women’s suffrage and civil rights—came only after prolonged struggles and massive social upheaval. The Civil War, Reconstruction and the civil rights movement underscored the deep divisions that characterize much of U.S. history.
For example, slavery’s abolition, formalized by the 13th Amendment, was followed by the failure of Reconstruction and the rise of Jim Crow laws, entrenching segregation and voter suppression for almost a century. Similarly, though the 19th Amendment granted women the right to vote in 1920, women continued to face significant barriers in other facets of life, including access to many jobs and equal pay.
Progress has tended to be incremental and accompanied by frequent setbacks. Despite progress, voter suppression, mass incarceration and profound economic inequalities persist. The advances of the civil rights movement, for instance, were followed by policies like mass incarceration and the war on drugs, which disproportionately harmed Black and brown communities. The Supreme Court’s 2013 decision in Shelby County also weakened key protections in the Voting Rights Act, allowing voter restrictions to re-emerge in several states.
Moreover, economic inequality has widened in recent decades, undermining the democratic promise of equal opportunity. The outsize influence of money in politics, gerrymandering and the weakening of labor rights skew the system in favor of the wealthy and powerful, eroding core democratic ideals.
Although the United States has made real progress in expanding democracy, equality and liberty, many challenges remain unresolved. The rights of marginalized communities—including LGBTQ+ individuals, immigrants and Native Americans—continue to be contested. For instance, while marriage equality was affirmed in Obergefell v. Hodges (2015), LGBTQ+ rights remain under threat, with ongoing struggles around issues like discrimination in employment and health care.
Economic justice remains a pressing concern. This nation faces stark income inequality, and access to health care, education and housing is still far from equitable, blocking millions from full participation in democracy or the attainment of personal liberty.
In recent years, threats to democratic norms have intensified. Efforts to undermine election integrity, attacks on judicial independence and the erosion of political behavior norms demonstrate that democracy and liberty remain fragile, requiring vigilant protection.
The evolution of the U.S. government away from the framers’ original vision has been both necessary and beneficial, but it is not a simple story of progress. It reflects a nation grappling with deep contradictions and striving toward its democratic ideals. The challenges of achieving equality, liberty and full democratic participation persist, and the work remains unfinished. The future depends on the country’s ability to face these challenges and push toward a more just and equitable society.
