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Rousseau
Legitimate government comes from a social contract among the people, not kings. Citizens form a collective sovereign guided by the general will (the common good). True freedom means obeying laws you help create as part of the community.
People as sovereign is what Republican means. People are born in a state of nature but they want to have order and safety. Social contract means I subsume my liberties to be part of a society and the government has its power. The general will of the people.
Key idea: Popular sovereignty – political authority comes from the people.
“Man is born free, and everywhere he is in chains.”
“The general will is always right.”
“He will be forced to be free.”
Schumpeter
No universal common good. He wants a more representative government. Voter needs to be educated. Democracy does not have to be for freedom. There is no general will–there are disagreements and stuff.
General will cannot necessarily produce the general good. No unanimous agreement if they disagree on how to get there. Promotes a representative government. Minimalist theory of democracy. Inclusive (to groups, like interest groups). We need leadership. This theory accounts for more than just the philosophy.
Fishkin
Importance of the deliberative whole. Ancient Greek form of communication. If you’re informed, participate and present info to elites. Conspicuous role of experts.
Diamond
You need to have laws that people respect, and you need to constrain democracy and have other features like checks, balances, and other things that make a more stable liberal democracy
Pateman
individuals are working a ton and want to participate in democracy. You can’t have democratic politics without a democratic society.
Guinier
Tyranny of the majority. Real problem is that the majority does not know what the minority needs. Non-fluid minorities (Racial) can never become majorities.
Achen & Bartels
It’s a mistake to suppose election results are due to educated outcomes but rather groups. We’re basically fooling ourselves–democracy is controlled by elites.
What did Hamilton, Adams, and Washington want?
Disinterested aristocracy, not herds of people voting
Disinterested, virtuous members of government. Property owners are assumed to have no stake in society, so they can do stuff.
Blackstone
only people with property should be able to vote (almost exclusively white men).
Debate between Madison and Franklin
Madison wants the right of suffrage to only be to property holders. Franklin thinks that will cause injury to the lower class. they fought in the Revolutionary war–lower classes are virtuous, it is patriotism.
Madison ends up getting his way, but only on the state level.
Antifederalist papers
Constitution is opposed to the values of the Revolution. Rights rest on leaders either being good ro bad, Needs bill of rights.
Ross
No equality in society, but only in state of nature. Political rights can be legitimately abridged. Then, he says Black people are not really smart and don’t understand voting. Afraid of blacks electing Black people.
Purvis
Blcak people sacrifice, are courageous, and honorable. They have buy-in and social contribution to religion. We pay taxes and own property. Very specific numbers and examples. References a betrayal of taxation without representation. Military service. 40,000 people harmed.
Law of Coverture
meaning cover. The legal identity of a married woman is covered by her husband. Her vote is denied due to being assumed by her husband. 1807 law is free, white male property owning citizens.
Declaration of Sentiments
Written at the Seneca Falls Convention in 1848. Feminist cause, Abolitionist cause—broader movement of democracy. Written like the Declaration of Independence, except to include women and enumerate the wrongs men commit against women.
Alexis de Tocqueville
Rise of American democracy is linked to the ideal of the revolution. Democracy is good since it produces energy, fervor, that is conducive to improvement
Dred Scott decision
Reaffirms slaves as property and a constitutional protection of it. Only a constitutional amendment can ban slavery. Dred Scott (and all Blacks) are not citizens. Taney believes the implicit allowing of slavery means Black people are implicated. Property cannot be denied. Supreme Court overrides much of GOP platform.
as a response: Then, Frederick Douglass argues constitution doesn’t protect slavery because it does not mention slavery.
Olmsted, “The South’s Lack of a Spirit of Progress”
South has tons of developed land, poor people on the side. In the north, poor people at least have capital. Southern people are poor, poor in intellectualism and poor in morals. Slavery is just inefficient; development of North destroys development of the South.
Calhoun “Speech on the Oregon Bill.”
responding to Wilmot’s proviso. Guilt tripping the North. Says the south worked hard. Mentions “The south” (but he’s really talking about the 1% who are slavers). “All men are created equal” is a hypothetical truism.
Emancipation Proclamation
After victory of a battle of Antietam, declares emancipation of slaves. Doesn’t actually free any slaves, but is symbolic. Moral high ground.
Douglass, “Why should a colored man enlist?”
Colored men were urged to enlist to secure citizenship, abolish slavery, and prove their manhood through service in the Union Army. Enlistment was framed as a direct means to fight for liberty, earn rights, and gain self-respect by fighting against the Confederacy’s attempts to maintain slavery.
Hannah Johnson’s Letter to Lincoln
Asking to protect Black soldiers. To force rebel captives to work if they’re capturing Black soldiers and turning them into slaves.
Gettysburg Address
In the first line, he’s referring to the Declaration of Independence, which says a new nation (not a union) with the ideal of all men being equal. Men will not have died in vain, brave men consecrated it. If we fail, it tells the world that a democratic republic like the US is impossible.
Mississippi Black Codes
concerned about interracial collaboration between Black and white people. Black people who were unemployed, or discussing euqality, can be fined, put to labor, and imprisoned.
Virginia Blacks Petition for Suffrage
demanded right to vote, arguing freedom without political power left them vulnerable and unequal.
“South Carolina Democrats Protest against the New State Constitution”
Thinks Black people voting will have countless evils. With Black people voting, they become a majority and rule over the “superior race”. Says voting is not a right, but a trust.
George Washington Plunkitt
He has seen his opportunities, and he took ‘em. Philanthropy but it’s politics. Understands the average person. He’s honest, appealing, and charismatic.
Lochner v. New York
14th Amendment includes right to contract through “liberty of the individual.” This introduces substantive due process. The state does have “police powers” but bakers are not wards of the state, they are fine. Progressives would’ve said that bakers don’t have power compared to bosses.