(Unit 1)American Democracy Foundations

Foundations of American Democracy

Core Ideas of US Government (1776 - Second Continental Congress)

• Framers aimed to create a limited government based on:
  • Natural Rights
  • Popular Sovereignty
  • Republicanism
  • Social Contract

Limited Government

• Restrictions on federal government to protect individual rights.
• Deliberate departure from the British monarchy.

Natural Rights

• Rights people are born with and can never give up.
• Government's purpose is to uphold these rights.
• John Locke's "life, liberty, and property".

Social Contract

• US society agrees to give up some freedoms to be protected by the government.
• Theorized by Thomas Hobbes.

Popular Sovereignty

• Government power comes with "consent of the governed."
• People could revolt against the government if not followed.
• Main argument against British rule.

Republicanism

• Elected leaders represent the interests of the people.

Constitutional Convention

• Meeting of delegates to revise/replace Articles of Confederation.

Key Figures

• John Adams: Massachusetts statesman & leader in American independence, helped draft the declaration.
• Ben Franklin: Pennsylvania statesman, helped draft the declaration.
• Alexander Hamilton: New York Statesman, promoted stronger federal government, co-authored federal papers.
• Thomas Jefferson: Principal author of the Declaration.
• James Madison: Virginia Statesman, co-authored Federalist papers, wrote Bill of Rights.

Declaration of Independence

• Reasons why colonies desired independence.
• Based on principles of popular sovereignty & social contract.

Constitution

• Blueprint for government functions.
  • 3 branches of government.
  • Relationship between state & federal government.
  • Principle of limited government.
  • Principle of republicanism.

Government Focus

• Balancing liberty & order.

Types of Democracy

• Democratic Republic: Power to govern comes from the people; elected officials represent interests.
• Participatory Democracy: Citizens have the power to make policy decisions & influence.
  • Ex: Town Hall meetings.
• Direct Democracy: Citizens are directly responsible for making policy decisions.
  • Initiatives: Allows citizens to bypass their state legislature by placing proposed laws on the ballot (ex of participatory).
  • Popular Referendum: Voters can approve or reject an act of state legislature (ex of participatory or power influence on policy making).
• Pluralist Democracy: No single group dominates politics; organized groups compete with each other.
  • Ex: Interest groups - groups of people who altercat to influence policymakers & support a certain interest (NOW or NRA).
• Elite Democracy: Small group of elites influence political decision-making.
  • Ex: Structure of electoral college - serves as a check for potential tyranny.

Documents to Know

• Federalist No. 10:
  • Madison argues for a strong representative government to control effects of factions.
• Brutus No. 1:
  • Anti-federalist essay - strong government could not meet the needs of all citizens.

Challenges of the Articles of Confederation

• Articles of Confederation:
  • Permitted states to retain nearly all power.
  • Federal government could: coin money, run post office, regulate with foreign powers.
  • Requirements for passing new laws were very high (9/13 states).
  • Every state had 1 vote in Confederation Congress.
  • Federal government NO power to impose taxes & had to request money for funding.
  • No power to create tariffs.
  • No power to raise an army.
  • US currency became worthless.
• Shay's Rebellion:
  • 1786 - Massachusetts farmers heavily in debt.
  • Daniel Shay led a march demanding relief.
  • Massachusetts governor called for army-there wasn't one.
  • Showed failures: veterans unpaid, state government unable to put down rebellion.

The Constitution

• Article V & amendment process.
• Amendment: Change or addition to the constitution.
• Article V: 3/4 states required to make amendment.
  • Congressional proposal method: Congress must propose.
  • National convention method: Proposal through vote of national convention.
  • Ratification by state legislatures or by special State conventions.
  • Overall: new amendments difficult to ratify.

Constitution Ratification

• Great Compromise: Created 2-house legislature.
  • Senate: equal representation.
  • House of Representatives: proportional to state populations.
• Electoral College: Body of representatives from every state who formally cast votes to elect president & vice president and resulted from belief that mobs could sway presidential elections.
• 3/5 Compromise: Slave regulation
• Article V: Details amendment process

Principles of American Government

• Branches of government:
  • Separation of Powers: Prevents factions from taking influence
  • Legislative, Executive, Judicial

• System of Checks & Balances:
  • Executive vetos Legislative
  • Legislative impeachs Executive and Judicial
  • Judicial nominates Judicial
  • Judicial declare unconstitutional (to Executive and Legislative).
  • Federalist No. 51 - Structure government so politicians can compete with each other

Other Concepts

• Access Points: Point in policymaking where ordinary citizens can influence government.
• Impeachment: Bringing of formal charges against a government official.
• Stakeholder: Person with an interest in a political issue.

Relationship Between States & Government

• Federalism: More than 1 layer of government has jurisdiction over the same territory.
  • Emerged because of separate colonies / different needs
• Article IV: States give "full faith & credit" to laws of other states.
• States protection of federal government.
  • Defend invasion, republicanism, bars federal government from splitting state.
• Exclusive powers: Powers reserved to federal OR states

• Concurrent powers: Powers shared

  • Taxation, lawmaking/enforcement, chartering banks, eminent domain, establishing courts, borrowing money

• Government influence through grants, incentives, aid

• Categorical grants: Used for specific purposes - include nondiscrimination provisions

• Unfunded mandates: Tie federal funding to certain conditions

• Block grants: For broad purpose

• Mandate: Requirement that state or local government meet condition to receive federal aid

Article V

• Process of amending constitution
• Ratification of ¾ States
• Allocation of power: Balances power between states & federal government
• Tax lawmaking grants & mandates

Court Cases

• McCulloch v. Maryland

  • Federal government absorbed state debts after Rev. War - debate over National Bank
  • 1817 - Maryland taxed Baltimore branch of NB - cashier McCulloch refused to pay
  • Maryland sued him & McCulloch appealed to SC

• Questions trying to answer:

  • Authority to establish NB -> authorized as an imprepower
  • Maryland law unconstitutional

• Enumerated powers: Explicitly stated in Constitution

• McCulloch v. Maryland established federal law authority over state law

• US v. Lopez:

  • Alfonso Lopez school / gun
  • Charged with state law then dropped for federal Gun-Free School Zones Act of 1990

• Decision: Act violated constitution - Congress overreaching powers should be handled at a state level

• US v. Lopez preserved Federalism & upheld State powers over Local issues

Interpretations of Federalism:

• Commerce clause: Congress power regulate interstate commerce (Article 1)
• Necessary & proper clause: Congress power to create laws they find "necessary & proper" for performing constitutional responsibilities (Article 1Section8)
• 10th Amendment: All powers not given to federal government reserved for states of the people
• 14th Amendment: Grants citizenship & equal protection under law