UNIT 1: Foundations of American Democracy

Constitutional Democracy

Sources of the Constitution

British Customs and Traditions

• Magna Carta (circa 1200): Established crucial principles such as 1) freedom from oppression and 2) the idea that the king cannot levy taxes without the consent of the barons, marking the beginning of constitutional limitations on the monarchy.

• English Bill of Rights (1689): This landmark document helped to lay the foundation for constitutional monarchy and civil rights, guaranteeing certain rights to Parliament and individuals, and restricting the powers of the monarchy.

European Philosophers' Influence (circa 1700)

• Key philosophers including John Locke, Thomas Hobbes, Montesquieu, and Jean-Jacques Rousseau provided essential frameworks that addressed 1) concepts of limited government, 2) natural rights (life, liberty, and property), 3) principles of popular sovereignty, 4) republicanism, and 5) the social contract theory, influencing revolutionary thought.

Colonial Experiences

• The colonial period saw a gradual emergence of elected assemblies, which began asserting power over royal governors, often through financial control. This was a formative experience leading to the demand for self-governance.

• State constitutions drafted after the Declaration of Independence significantly reflected foundational values, particularly evident in documents like the Massachusetts Constitution, emphasizing individual rights and democratic principles.

Definitions of Democracy

• Democracy: Defined as rule by the people, it can be further divided into two primary types:

  • Direct Democracy: Involvement of citizens in direct decision-making processes, exemplified in town hall meetings and referendums.

  • Indirect (Representative) Democracy: Citizens elect representatives who make decisions on their behalf, fostering accountability and broad political engagement.

Founders' Distrust of Direct Democracy

• The Founding Fathers expressed concern over the impracticality of direct democracy, specifically the potential for transient passions to sway public opinion, rendering the populace vulnerable to demagoguery and populist manipulation.

Republicanism

• Concept of Republicanism: A form of governance defined as indirect democracy emphasizing elections and the welfare of the citizenry.

• Key Features: 1) Equality before the law for all individuals, eliminating aristocratic privilege, and 2) Mechanisms ensuring the benefits of direct democracy while mitigating its inherent risks.

Forms of Representative Democracy

• Participatory Democracy: Advocates for extensive political engagement and civil involvement, paralleling ancient forms of direct democracies.

  • Mechanisms: Tools such as RECALL (removal of elected officials), REFERENDUM (voter approval for specific legislation), and INITIATIVE (voter-driven proposals) enhance citizen agency.

• Elite Politics: A model marked by restricted participation, leading to concentrated power within a privileged group, often sidelining broader public participation.

• Pluralist View: Asserts that representation is achieved through diverse group activism; no single group can dominate policy-making, leading to a more balanced political discourse.

  • Hyperpluralism: A resultant condition where excessive group power creates governmental inaction due to policy gridlock, complicating effective governance.

Fundamental Democratic Values

• Popular Sovereignty: The legitimacy of governance is derived from the consent of the governed, emphasizing community will.

• Respect for Individual Rights and Liberty: Political structures are designed to serve individuals' needs and aspirations, not the reverse.

• Equality: Focuses on equality of opportunity rather than equality in outcomes, fostering a meritocratic society.

Fundamental Democratic Processes

• Free and Fair Elections: Central to a healthy democracy, ensuring competitive opportunities among political parties and candidates.

• Majority Rule vs. Minority Rights: Democratic mechanisms must respect minority rights to prevent tyranny of the majority, ensuring that governance is inclusive.

• Freedom of Expression and Assembly: Essential for facilitating open dialogue, dissent, and belief articulation in a democracy.

Formation of the United States

• The development of the U.S. political framework embodies a balance of power shared between government and individuals, contrasting sharply with Britain's unitary system, which consolidates power.

The Real Revolution

• A paradigm shift in the understanding of authority and rights fundamentally altered assumptions regarding governance:

  • Consent of the Governed: Government legitimacy is rooted in the will of the people.

  • Written Constitution: The establishment of constitutionalism necessitates that political power is documented and codified.

  • Introduced concepts of Limited Government and legislative supremacy vital to American political identity.

Background of the Declaration of Independence

• Drafted by Thomas Jefferson, alongside key figures such as John Adams and Benjamin Franklin, the Declaration serves as a foundational text encapsulating the principles of popular sovereignty.

• Structure of the Declaration:

  • Preamble: Lays out the rationale for the document's creation.

  • Statement of Beliefs: Articulates the envisioned relationship between government and the governed.

  • List of Complaints: Addresses grievances against British rule, specifically pointing to abuses of power and violations of rights.

  • Steps Taken: Details efforts made to address these grievances through peaceful means.

  • Declaration: The conclusive statement asserting independence from British rule.

Writing and Ratification of the Constitution

• The drafting of the Constitution was propelled by a recognition of the weaknesses inherent in the Articles of Confederation:

  • These weaknesses included a weak central government, the inability to levy taxes effectively, the absence of distinct executive and judicial branches, a lack of commerce regulation, and a requirement for unanimity to amend.

• Shays' Rebellion (1786): This armed uprising underscored the need for a reformed national government capable of addressing economic instability and civil unrest.

Federalists vs. Anti-federalists

• Federalists: Champions of a strong national government, key figures such as James Madison and Alexander Hamilton advocated for the ratification of the Constitution.

  • Federalist No. 10: Madison argues for the benefits of a large republic, including the control of factions.

• Anti-federalists: Their concerns centered on the potential dangers posed by centralized authority and the erosion of individual liberties; they emphasized the merits of smaller, decentralized republics.

  • Brutus No. 1: A critical analysis of the dangers posed to personal liberties by a powerful national government.

Constitution Convention Delegates

• Prominent figures in the Constitutional Convention included:

  • James Madison: Dubbed the "Father of the Constitution" for his influential role and meticulous documentation of discussions.

  • George Washington: Served as the presiding officer, lending credibility to the convention's proceedings.

  • Benjamin Franklin, Gouverneur Morris, and Alexander Hamilton: These delegates played critical roles in advocating for varied constitutional frameworks.

Constitutional Compromises

• Virginia Plan: Proposed a robust national government structured into three branches, favoring larger states.

• New Jersey Plan: Suggested amending the Articles of Confederation to ensure equal representation for smaller states, promoting a unicameral legislature.

• 3/5 Compromise: Established a method for counting slaves for taxation and representation, highlighting the contentious issue of slavery.

• Presidential Election: The creation of the Electoral College emerged from a series of compromises regarding presidential election procedures and term lengths.

Articles Overview

• Article I: Detailing the legislative branch's structure and powers alongside procedures for law-making.

• Article II: Enumerates the executive branch’s roles and responsibilities, including presidential powers and succession.

• Article III: Establishes the judicial branch, including the framework for federal courts and juries.

• Additional Articles: Cover relations among states, the amending process, national supremacy, and procedures for ratification.

Checks and Balances**

• Congressional Checks on the President: Powers include the ability to refuse to pass bills, override presidential vetoes, employ impeachment, and approve presidential appointments or treaties.

• Legislative Checks on Federal Courts: Congress has the authority to alter the structure and jurisdiction of lower courts and control funding.

• Presidential Powers: The President holds veto authority and can appoint federal judges.

• Judicial Powers: Courts can exercise judicial review to declare laws and executive actions unconstitutional.

Judicial Review**

• Established by the Marbury v. Madison case, this principle allows the judiciary to review the constitutionality of legislative acts and executive decisions, thus holding other branches accountable.

• the power to decide is constitutional

Federalism**

• This principle reflects a dual sovereignty structure where power is distributed between national and state governments:

• Balance of power between the federal government and the states

  • Enumerated Powers: Powers explicitly granted to the federal government by the Constitution.

    • article 1: section 8

  • Concurrent Powers: Federal and state governments share powers such as taxation and law enforcement.

    • Both have the power to tax

  • Reserved Powers: Powers not explicitly granted to the federal government, preserved for the states, as stated in the 10th Amendment.

    • only the state can do it

Education Policy Example: No Child Left Behind

• The policy showcases the federal government’s involvement in regulating school performance and standards, instigating debates over federal versus state schooling control.

Contemporary Issues in Federalism

• This paper examines the perceptions and responses surrounding governance and disaster relief, particularly in crises like Hurricane Katrina. It prompts discussions about effective coordination between state and federal agencies.

• It also sparked ongoing debates about state and federal powers, highlighted by legislation such as the Patriot Act and its implications for civil rights.

Federalist 51 and Crab Bucket Theory

• Introduces the crucial principle that "Ambition must be made to counteract ambition." This highlights the need for checks on power.

• about separation of powers and checks and balances

  • one branch cant take too much power

Interpretation of Powers

• Analyzes the 10th and 14th Amendments and the commerce clause, where the latter enables federal authority over interstate commerce while the 10th Amendment preserves states' rights.

• if written in the constiturion= government law

Key Supreme Court Cases

• McCullough v. Maryland: Affirmed federal supremacy and endorsed the elastic clause, demonstrating the government’s capacity to expand its powers.

• Gibbons v. Ogden: Established the federal government’s control over interstate trade, affirming national supremacy in matters affecting commerce.

• United States v. Lopez: Restricted the national government’s authority under the commerce clause, illustrating the Constitution’s limits on federal power.

Federalism Patterns

• Old School - Dual Federalism: A clear separation of responsibilities and powers between federal and state governments operating independently.

• New School - Cooperative Federalism: Encourages collaboration and shared responsibilities as federal and state governments address complex challenges together.

Fiscal Federalism

• The strategic use of financial incentives by the federal government to influence state actions and policies.

Grants-in-Aid

• Two main types exist:

  • Categorical Grants: Designated for specific programs and come with strict regulations.

  • Block Grants: Provide broader funding flexibility, allowing states to prioritize spending based on their needs.

Mandates

• Federal requirements are imposed on state governments to complete certain activities, often related to civil rights or environmental protections.

Devolution

• Refers to the transfer of powers from the federal government back to the states, exemplified through the implementation of block grants that increase state discretion in policy-making.