The Delegate and Trustee types of representation are two models exercised in US politics. There are substantial differences between how these two types of representatives act. The Delegate acts as a representative who directly expresses the will of the voters and votes for bills following the wishes of the citizens he represents. The Trustee is a representative who develops his or her own opinion on many issues and makes political decisions based primarily on their ideas and preferences.
Both models are fundamental as they provide clear options for representatives to take action. The Delegate model is convenient for making decisions on which voters have an established opinion. For example, there are clear and highly divided views regarding abortion, migration policy, or health insurance. If a representative decides to vote contrary to the majority’s opinion, this decision will likely meet protest or condemnation. The Delegate model may be inappropriate when the majority opinion is too superficial or unethical, and the representative has factual evidence of the correctness of the alternative position. In such a situation, the Trustee model can be more appropriate since, under this model, the candidate makes their own responsible decisions on issues of no interest to the majority or in cases where the representative strongly disagrees with voters.
The ability to choose between alternatives is important for politicians and the American government system, as it decreases chaos in decision-making. The existence of two models gives politicians the right to have an opinion that is at odds with the majority opinion and to make decisions according to the facts, not just voters’ beliefs. Scholars admit the importance of voters’ trust in the representative and trust among the representatives (Gerhards and Schicktanz 1). When the relationship between all participants is based on trust, productive discussions are possible, contributing to more balanced decisions.
The Bill of Rights is a collection of ten amendments to the US Constitution signed on March 4, 1789. These amendments guarantee the rights of citizens to freedom of religion, speech, and press (1st Amendment), freedom to carry guns (2nd Amendment), a ban on housing soldiers in the owner’s house (3rd Amendment), and the right to the safety of property, which implies the need for a permission to examine a person or their home (4th Amendment). Then, the 5th Amendment guarantees the right to be prosecuted on presentation or indictment by a grand jury, not being charged twice for the same crime, the right not to incriminate oneself, and the right not to be deprived of life, liberty, or property without due process of law.
The 6th Amendment provides for the right to a speedy and public trial, an impartial criminal jury, information on criminal charges, a lawyer, and inviting witnesses. The 7th Amendment protects the right to trial by jury for federal civil cases. The 8th Amendment prohibits excessive bail and fines, and cruel and unusual penalties. The 9th Amendment explains that the listing of rights in the Constitution does not imply that people do not have other rights. The 10th Amendment ensures that the federal government has only the powers that are prescribed in the Constitution.
The importance of the Constitution and the Bill of Rights cannot be overemphasized. The signing of the Constitution allowed the creation of a new society, different from feudal states, where the law protected only the nobles. However, racial and ethnic minorities were persecuted for a long time after 1789. Through the emergence of civil movements, citizens were able to protect their rights and achieve equality in the implementation of the Constitution. Unfortunately, today, constitutional rights are not always respected for non-citizens or individuals who have recently acquired citizenship. Therefore, the existence of laws is not enough; their implementation requires political will and the participation of citizens in the legal process.
Reference
Gerhards, Helene, Karin Jongsma, and Silke Schicktanz (2017). “The Relevance of Different Trust Models for Representation in Patient Organizations: Conceptual Considerations.” BMC Health Services Research, 17(1): 1-12.