rule by the people themselves; each person is sovereign
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indirect democracy
representative; ruled by elective representatives
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founder's distrust of direct democracy
rich, white men; elitists; only wanted rich white men to rule; thought direct democracy was impractical; thought people had fleeting passions: people change their mind, average people can be swayed by outside influences (average joe)
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fundamental democratic values
popular sovereignty (people rule); respect for the individual (state [government] serves individual not vice versa; liberty; equality (ironic because rich white men ruling government)
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fundamental democratic processes
1. fair and free elections
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2. majority rule with minority rights (fear tyranny of the majority --\> led to property rights), majority will rule, but minority will be heard
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3. freedom of expression - right to vote (1787 rich whites only)
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4. right to assemble and protest
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fundamental democratic structures
federalism (the relationship between the national and regional government (states)
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separation of powers
legislative - makes law
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executive - enforces law
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judicial - interprets law
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checks and balances
branches check on each other, no one gets all the power
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constitutionalism
something written that talks about the law
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magna carta
great charter; property rights
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petition of rights
property rights; 1628; limit to king
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english bill of rights
1689; property rights; limits to king; due process - objective decision, right to a fair trial
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declaration of independence
1776
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articles of confederation
1777
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shays' rebellion
1786 - shows need for a stronger national government
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write the constitution
1787
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english philosophers
locke, hobbes, montesquieu, rosseau
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sources of the constitution: colonial experiences
power in money, power of the purse
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constitutional convention
The convention in Philadelphia, May 25 to September 17, 1787, that framed the Constitution of the United States
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o Delegates
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• Educated, rich families, fat (wealth), married and property owners, settled
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o Participants
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• Madison: "Father of the Constitution" because of leadership and detailed notes of proceedings
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• Washington: presiding officer → because he won the war
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• Franklin: "elder statesman"
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• Wisest
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• Hamilton: most forceful advocate for strong central government
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articles of confederation characteristics
weak central government, no power to tax, no chief executive, no national judiciary, no power to regulate interstate or foreign commerce (business, trade, money), no national currency
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areas of agreement during constitutional convention
• Get rid of the Articles
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• Establish a republican government
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• Establish a balanced government where no single interest dominated
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• Suffrage (voting rights) for property owners only
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• Stronger central government than under the articles
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• Protection of property rights: the main purpose of govt.
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• Keep proceedings secret
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• Didn't want people to revolt
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Virginia plan
population-based representation
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New Jersey Plan
equal representation
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great compromise
a bicameral legislature with a popularly elected House (based on population) and a Senate (equal representation) elected by state legislatures
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o Congress
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representation and taxation of slaves
• Northern states wanted slaves to count for taxation
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• Southern states wanted the opposite
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o Wanted them to be counted for representation
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3/5 compromise
3/5 of the slaves would count for both purposes \= equal representation among north and south
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election of president
four year term
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• Method of election
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o Some wanted election by Congress
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o Some wanted election by state legislatures
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o Some wanted direct election
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o Compromise: Electoral College system
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• Can win the presidency without getting the popular vote
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federalists
o Supporters of ratifying constitution: People that supported: property owners, creditors, merchants → money
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o Views
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• Elites most fit to govern
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• Feared "excesses" of democracy
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• Favored strong central government
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o Leaders: Hamilton, Madison, Washington
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anti-federalists
did not want ratification of constitution
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o Supporters: small farmers, frontiersman, debtors, shopkeepers
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o Views
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• Feared a concentration of power in hands of elites
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• Believed government should be closer to the people (direct democracy)
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• Feared a strong central government
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• Feared the lack of Bill of Rights → strongest argument
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federalist advantages
o Had money
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o Better represented in state legislators
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o Controlled the press
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o Began ratification process before the anti-federalist could get organized
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o Agreed to a Bill of Rights after ratification of the Constitution
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federalist papers
o Write 100+ persuasive essays for the state of New York
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o Want to rally support for ratification of the constitution
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ratification 1788
state ratification conventions of popularly elected delegates
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separation of powers
• Legislative - makes law
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• Executive - enforce law
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• Judicial - interpret law
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o To Madison, tyranny was controlled by these three branches of government → division of power
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o Diffuses power rather than concentrating on it
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o Colonial experiences, esp. excessive power in state legislatures → need for strong executive
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o Danger of one branch combining forces with another branch → checks and balances
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checks and balances
• 18th century view of government as something to be restrained, and modern view of government as something to be used for common good
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• Fear of tyranny among Founders → distrust of government → checks of balances as means of intentionally building inefficiency in order to prevent government abuse of power
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• System of restraints in which each branch checks the other two
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o Veto, veto override
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• President can veto - not sign
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• Congress can override that veto
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o Appointment and confirmation
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• President appoints cabinet and judges, congress confirms appointments
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o Treaty making and ratification
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• President makes treaties, congress ratifies
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o Defense funding and Commander in chief
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• President needs money from congress to carry out military
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political independence within each branch
o No branch is dependent on the other two for election (except judges are appointed by president) and continuance in office (life terms for judges is key to presidential influence)
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• Judges can stay in office as presidents change
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staggering terms within each branch
• Staggering terms within each branch → a majority of voters can gain control over one part of government at one time, midterm congressional elections (house of representatives) can serve as a check on the executive