Constitutional Democracy and the U.S. Constitution

Constitutionalism

  • Definition: The belief that a government's power should be limited.

  • Origins: Traced back to the Magna Carta (1215), which partially restricted the British monarch's power.

Why Have a Constitution?

  • Purpose: A written document to achieve the following:

    1. Statement of national ideals.

    2. Formalization of a government’s structure.

    3. Establishment of a government’s legitimacy.

Constitutional Democracy

  • Definition: A government founded on popular sovereignty with limited powers.

  • U.S. Constitution: Instrument used by the framers to create a national political system based on:

    • Popular sovereignty.

    • Limited government.

Social Contract Theory

  • Definition: A voluntary agreement among people to remove themselves from the state of nature and form a government providing security.

  • Key Theorists:

    • Thomas Hobbes (1588-1679):

      • Work: Leviathan

      • Beliefs: Advocated for absolutism; described life in the state of nature as "solitary, poor, nasty, brutish, and short" and a condition of war of everyone against everyone.

    • John Locke (1632-1704):

      • Work: Two Treatises of Government

      • Beliefs: Supported constitutionalism; believed that in the state of nature, there is a general peaceful existence; focused on protecting life, liberty, and property.

    • Jean-Jacques Rousseau (1712-1778):

      • Work: The Social Contract

      • Beliefs: Asserted the idea of the general will; viewed humans as “noble savages.”

  • Comparative Views on State of Nature:

    • Hobbes: War of all against all, endless conflict and lack of security.

    • Locke: Scarcity of resources, need to secure property.

    • Rousseau: No significant problems in the state of nature, believed in voluntary community.

  • Sovereignty:

    • Hobbes: Sovereignty held by the people; advocates for an absolute monarchy for security.

    • Locke: Sovereignty held by the people; supports limited government to protect natural rights.

    • Rousseau: Sovereignty also held by the people; encourages voluntary community to promote the general will.

Articles of Confederation

  • Overview: Governed the U.S. from 1781 until 1789; established by the Second Continental Congress in 1776.

  • Basic Characteristics:

    • Loose confederation of states.

    • Weak central government without an executive or judicial branch.

    • Required a 2/3 vote by states (9 of 13) to pass laws; unanimous vote to amend.

Weaknesses of the Articles of Confederation

  • Inability to enforce laws.

  • Lack of authority to levy taxes or regulate trade among states.

  • No authority to impose tariffs.

  • Absence of a uniform paper currency.

  • Lack of control over foreign affairs.

  • Difficulty in raising and maintaining an army or navy.

  • Shays’ Rebellion (1786): Illustrates shortcomings of the Articles.

Constitutional Convention of 1787

  • Context: Aimed to amend the Articles of Confederation.

  • Delegates: 74 from states; 55 participated in debates.

  • Notable Figures:

    • George Washington: Elected president of the convention.

    • James Madison: Known as the "Father of the Constitution."

Political Theoretical Framework of the U.S. Constitution

  • Types of Government:

    • Autocracy.

    • Direct democracy.

    • Republic (representative democracy).

Conflicts at the Constitutional Convention

  • Major Divisions:

    • Large states vs. small states (The Virginia Plan vs. The New Jersey Plan).

    • North vs. South (inclusion of the 3/5 Clause).

    • Nationalists vs. states’ rights advocates (federalism).

  • Compromises Reached:

    • The Great Compromise; North-South Compromise.

Ratification of the U.S. Constitution

  • Federalists vs. Anti-Federalists:

    • Federalists: Supported a stronger national government; authored the Federalist Papers.

    • Anti-Federalists: Advocated for state dominance; feared a strong central government would threaten liberty.

  • Chronology of Ratification:

    • 1787: Delegates sign proposed constitution.

    • 1788: Ratified by nine states.

    • 1789: New government implemented.

    • 1791: Bill of Rights added.

Transition from Confederacy to Federalism

  • The adoption of the U.S. Constitution marked the transition from a confederate structure to a federal structure.

Separation of Powers and Checks and Balances

  • Principles:

    • Judiciary Branch (Supreme Court): Can declare executive actions unlawful and unconstitutional.

    • Executive Branch (President): Nominates federal judges, may pardon convicted individuals, and executes court decisions.

    • Legislative Branch (Congress): May impeach the president, override vetoes, investigate actions, and control budget/laws.

  • Mutual Checks: Each branch has powers to limit the other branches to prevent any one branch from becoming too powerful.

Amending the Constitution

  • Methods for Amendment:

    • Passed by a two-thirds majority in both houses of Congress.

    • Convention called by Congress at the request of two-thirds of states.

  • Ratification: Requires three-fourths of state legislatures or conventions in three-fourths of states.

Amendments of the U.S. Constitution

  • Key Amendments:

    • XII (1865): Abolishes slavery.

    • XIV (1868): Defines "citizens" to include African Americans; ensures due process and equal protection.

    • XV (1870): Extends suffrage to African Americans.

    • XVII (1913): Institutes direct election of senators.

    • XIX (1920): Extends suffrage to women.

    • XXI (1951): Imposes a two-term limit on presidents.

    • XXXI (1961): Extends suffrage to residents of the District of Columbia.

    • XXIV (1964): Abolishes taxes on voting.

    • XXVI (1971): Extends suffrage to 18-year-olds.

In-Class Activity: U.S. Constitution Structural Overview

  • Preamble: Introduction and purpose of the Constitution.

  • Article I: Legislative branch and its powers.

  • Article II: Executive branch and its powers.

  • Article III: Judicial branch and its powers.

  • Article IV: States' powers and limits.

  • Article V: Process for amending the Constitution.

  • Article VI: Supremacy of the Constitution.

  • Article VII: Ratification process for the Constitution.