Unit 1: Foundations of American Democracy

Enlightenment Thought

Natural Rights, Social Contract, Consent of the Governed

• Thomas Hobbes

• John Locke

• Jean Rousseau

• Baron de Montesquieu

Thomas Hobbes

The Leviathan; believed a strong absolute power was necessary for stability and order and preferable to the “natural” state of people = chaos; also pushed for a social contract

John Locke

Second Treatise of Civil Government; believed all people had inalienable, natural rights and pushed for consensual governance over monarchs

Jean Rousseau

The Social Contract; describes the agreement between government and the people; gov. secures natural rights and people follow law; Popular Sovereignty

Popular Sovereignty

• idea proposed by John Rousseau

• idea that people are the ultimate ruling authority and elect officials to make laws; consent of the governed

Baron de Montesquieu

Spirit of the Laws; described a republican form of government with large political liberties for citizens, limited government, and separation of powers (legislative, executive, judicial)

Republicanism

limited, elected government assured natural rights for citizens and made decisions for the public interest; foundation of American gov

Declaration of Independence

drew from all these ideals and created a moral, legal justification for declaring independence from British

• Classic Argument - written or spoken argument to convince others to take a certain POV or action. The DOI claims popular sovereignty is the proper way for a gov. to work and that citizens, if unhappy with their current system, can abolish it and replace it with what they see as fit

Articles of Confederation

first national government; confederacy of states (states power > federal government power); weak federal gov

weaknesses of Articles of Confederation

• federal gov couldn’t levy taxes, build an army, regulate commerce

The Constitution

• made in response to the failures of the AOC

• established a system of checks and balances between different government branches with their own unique powers, created a differentiation between state & federal government, and created a balance between majority rule and minority rights

• Representative Republic: elect a President (through Electoral College) and Representatives in HOR to represent common interest (State legislatures elected senators until 1913)

Representative Democracy

elected officials represent people’s concerns

Participatory Democracy

direct democracy; people vote directly on laws; Framers believed it would be too hard to implement on the national scale; direct participation can be seen on the state/local level however

Pluralist Democracy

variety of nongovernmental groups (interest groups) compete to influence policy; causes slow policy making because of competition but allows many groups to have a voice

• Framers sough to limit outside influence with diversity in Representatives (districts) and the Electoral College

Elite Democracy

Representative democracy with elites having the most influence; proponents argue it creates a perhaps unequal, but competent government and spread of power

• Framers sought to have popular participation but believed regular people would be swayed over by demagogues and would be unwise picks for policy making

• All branches of government are an example of Elite democratic models

Marxist View

Government is controlled by rich capitalists due to special interest & since they dominate the economy

Creedal Passion

believe a morally impassioned elite rule politics; run on social platforms rather than economic ones; abortion rights, desegregation, etc. based on moral views

Bureaucratic View

Government is controlled by large bureaucracies & appointed (un-elected) officials which implement and “make” policy

Federalist

Wanted to raitfy Constitution; Alexander Hamilton, James Madison, John Jay

Federalist Papers

Outlined the Government the Constitution would create & gained support for it. Passed under the pseudonym Publius

Federalist No. 10

Argued that the Constitution limited the power of factionalism & personal gain/interest of representatives by creating a system of pluralist representation on different levels. Such would prevent the rule of the majority, one state, or one person.

Anti-Federalists

Opposed ratification of the Constitution as they believed it was implausible to have a national representative in such a large republic

Brutus

Anti-federalist version of the Federalist Papers; written by Robert Yates & William Lansing under the pseudonym Brutus

Brutus No. 1

Argued a national representative system would be impossible to implement as competition between different groups would be inefficient and undermine local powers/solutions. Voters would also be extremely separated from their own electors due to factionalism and differing interests. Large gov. (necessary & proper clause, supremacy clause) would undermine personal liberties

Participatory Democracy (today)

initiative (placing a measure on the ballot by petition) & referendum (voting directly on legislation) are implemented in local/state government

Pluralist Democracy (today)

strong differing interests in national state, local levels. Companies, labor unions, interest groups (NAACP, AFL-CIO, NRA) compete for influence on legislation

Elitist Democracy (today)

Weakened by Progressive Era, but still very much present. Almost all government officials are of higher socio-economic status than the average person and have more access to government than less fortunate.

Opposing Views on Constitutional Ratification

• Federalists (Madison, Jay) argued that a stronger national government & a large population would protect minority rights; Federalist No. 10.

• Anti-Federalists arguned (Patrick Henry, George Mason) a stronger federal government would undermine individual rights; Brutus No.1

Articles of Confederation

First American governmental system; held largely sovereign states together in a confederation (state power > federal power)

• structure: Unicameral system with one vote per states (2-7 reps); 9/13 votes for legislature to pass, 13/13 for amendments; extremely slow process

• Congressional Powers: engage in foreign policy, declare war, and acquire territory. Congress encouraged free-flow of trade between states

Weaknesses of AOC

• 9/13 states had to agree to pass legislature; slow policy-making process

• 13/13 states needed to agree to amend; slow policy-making process

• Congress couldn’t tax directly; no way to protect/defend

• no national court system; no Supreme Law

• Congress couldn’t regulate interstate trade; economic disputes between states

• Shay’s Rebellion

Shay’s Rebellion

Revolutionary War veterans lost land due to high state taxes & insufficient veterans benefits; Daniel Shays led a rebellion which the national gov. couldn’t suppress; exposed weakness of AOC & led to ratification of the Constitution

Constitutional Convention

Site of discussions over the ratification of the Constitution

VA Plan

Written by James Madison; 3 branch government with a Bicameral legislature; House based on population and Senate would be picked by House members; set the tone for the convention & for a strong gov.

• favored by large states

NJ Plan

created limited & defined roles for the national government; no national court system & unicameral legislature; one vote per state

• favored by small states

The Create Compromise

Constitutional System: Bicameralism (HOR & Senate; HOR based on population, equal representation in Senate—picked by state legislature, stronger President, & Supreme Court

3/5ths Compromise

Slave states wanted slaves to count for representation; non-slave states did not = 3/5 of slaves were counted for representation

Electoral College

Compromise between large & small states; set a group of electors for each state (HOR members + Senators); states (elites) pick the president; not the popular vote

Commerce Compromise

allowed government to impose a tariff on imports only & the ability to regulate interstate commerce

Article I

Vests power of Congress; House members are picked through popular vote; Senators are picked by state legislatures (amended); longest one as the framers were most concerned with the legislative process

Article II

vests powers of President; oversees U.S. military, manages foreign relations, can veto laws

Article III

Vests powers of the Supreme Court; President appoints life-long Justices; make federal courts which have jurisdiction over federal laws, settle state disputes, and judge cases involving government officials; later given Judicial Review (not in Const)

Article IV

full faith and credit clause; make state’s play nice with each other

Article V

Constitutional Amendments; require 3/4'ths of both houses & ¾ of state legislatures to approve; makes it hard to amend the Constitution but not impossible

Article VI

Supremacy Clause; all states must adhere to the Constitution & national laws

Article VII

Ratification process for Constitution

Principles

created a Representative Republic which maintained a federal system, but put more emphasis on the national government. Sough to create a limited, yet flexible government

• Necessary & Proper Clause (Elastic Clause): Gave the gov. the flexibility to adjust to unforeseen situations

Bill of Rights

Anti-federalists (George Mason & Jefferson) pushed for a Bill of Rights which was not included. Pro-Constitutionalists (Madison) believed a Bill of Rights was useless (“parchment barriers”) &, by listing rights the government could not take away, new fundamental rights could be overlooked & taken away

1st Amendment

Freedom of religion, speech, press, assembly, & petition

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of troops

4th Amendment

No unreasonable searches or seizures

5th Amendment

Indictment, double jeopardy, protection against self-incrimination, due process

6th Amendment

Speedy trial by public jury

7th Amendment

Lawsuits & juries

8th Amendment

No cruel or unusual punishments

9th Amendment

Listing rights in the Constitution doesn’t deny others

10th Amendment

Everything not mentioned goes to states

Constitutional Debates Today

Governmental laws & policies balancing order & liberty are based on the U.S. Constitution

Patriot Act

Passed after 9/11; allowed for intelligence to gather information on suspects, detain immigrants for longer than due, and monitor emails; raised concerns over protection of privacy and Fourth Amendment

Education

debates have arisen over federal intervention in education; 10th amendment; Cold War led federal gov. to start caring about education

No Child Left Behind Act

2002; called for improvements & set national standards for teaching methods, testing, and sanctions for underperforming schools; received widespread criticism as 80% of schools did not meet standards

Every Student Succeeds Act

2015; allowed for states to determine own standards in accordance with the Department of Education