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democracy, constitutional 511





                 W. E. B. Du Bois on the Town Meeting and Democracy

                 In his autobiography, African-American scholar and  I was 13 or 14 years of age and a student in the
                 civil rights pioneer, W. E. B. Du Bois recounted how the  small high school with two teachers and perhaps 25
                 Great Barrington, Massachusetts, town meetings in the  pupils. The high school was not too popular in this
                 1880s influenced his views about democracy and   rural part of New England and received from the
                 civic life.                                     town a much too small appropriation. But the thing
                                                                 that exasperated me was that every Spring at Town
                 From early years, I attended the town meeting every
                                                                 Meeting, which I religiously attended, this huge,
                 Spring and in the upper front room in that little red
                                                                 ragged old man came down from the hills and for an
                 brick Town Hall, fronted by a Roman “victory” com-
                                                                 hour or more reviled the high school and demanded
                 memorating the Civil War, I listened to the citizens
                                                                 its discontinuance.
                 discuss things about which I knew and had opinions:
                                                                   I remember distinctly how furious I used to get at
                 streets and bridges and schools, and particularly the
                                                                 the stolid town folk, who sat and listened to him. He
                 high school, an institution comparatively new. We
                                                                 was nothing and nobody. Yet the town heard him
                 had in the town several picturesque hermits, usually
                                                                 gravely because be was a citizen and property-holder
                 retrograde  Americans of old families. There was
                                                                 on a small scale and when he was through, they
                 Crosby, the gunsmith who lived in a lovely dale with
                                                                 calmly voted the usual funds for the high school.
                 brook, waterfall and water wheel. He was a frightful
                                                                 Gradually as I grew up, I began to see that this was
                 apparition but we boys often ventured to visit him.
                                                                 the essence of democracy: listening to the other man’s
                 Particularly there was Baretown Beebe, who came
                                                                 opinion and then voting your own, honestly and
                 from forest fastnesses which I never penetrated. He
                                                                 intelligently.
                 was a particularly dirty, ragged, fat old man, who used
                                                                 Source: Du Bois, W. E. B. (1968). The autobiography of W. E. B. Du Bois (pp. 91–92).
                 to come down regularly from his rocks and woods  New York: International Publishers.
                 and denounce high school education and expense.

            United States                                       balances) between the three branches of federal govern-
            The formative era of the U.S. version of an effective con-  ment (executive, legislative, and judicial) was consoli-
            stitutional democracy is identified primarily with Thomas  dated in 1803 with the Marbury v. Madison decision
            Jefferson (1743–1826). His agenda of civil nationalism  rendered by the Supreme Court.That decision enshrined
            emphasized individual freedoms and the separation of  the doctrine of judicial review in U.S. law, providing an
            church and state. The core of the 1776 Declaration of  impartial judiciary with the ultimate authority.
            Independence was “life, liberty and the pursuit of happi-
            ness.” The apex of the formative era was the drafting of   Canada
            a constitution in 1787. The Constitution vested sover-  In Canada the Charter of Rights and Freedoms of 1982
            eignty in the U.S. people (excluding nonwhites, whose  shows how a country with more than a century of open-
            ability to be citizens was in doubt well into the twentieth  ness and liberty transforms its legal mechanism to
            century) through a hybrid of federal authority and indi-  address a political crisis. Canada has had a semblance of
            vidual states, created the presidency, and granted the fed-  a constitutional democracy since the 1867 British North
            eral government the ability to tax citizens and command  America Act.That act ushered in a degree of sovereignty,
            troops.                                             which gradually strengthened to amount to a full author-
              The 1791 Bill of Rights assured individual rights and  ity of the Canadian government, within a federal struc-
            civil liberties such as freedoms of speech, peaceful assem-  ture, ending British colonial rule. Nevertheless, during the
            bly, and due process.The balance of powers (checks and  1970s a secessionist movement in Quebec, a primarily
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