The Foundations of Indirect Democracy: Factions and Institutional Design

Key Points

  • Governance Challenge: Control of state power is central; democracy in the 21st century enables public control.

  • Democratic Approaches:

    • Direct Democracy: Citizens directly make rules and decisions (e.g., Ancient Athens).

    • Indirect Democracy: Also known as liberal, representative, or republican democracy (e.g., Canada, USA).

Birth of the American Republic

  • Indirect Democracy Example: The United States, founded as a republic.

  • Federalist Papers (1787-1788): Advocated for US Constitution over Articles of Confederation.

  • Key Authors: James Madison, John Jay, Alexander Hamilton.

  • Founders' Attitude: Skeptical of direct democracy, favoring a republic for stability.

Faction in Federalist No. 10

  • Definition of Faction: A group with shared interests adverse to rights or public good.

  • Sovereignty Issue: Constitution vests sovereignty in a varied populace.

  • Sources of Division: Differences in wealth, religion, opinions, etc. (e.g., rich vs. poor).

  • Factions' Danger: Risk of imposing interests detrimental to the public good.

Tyranny of the Majority and Minority

  • Minority Factions: Can act tyrannically (e.g., aristocratic elites).

  • Majority Factions: Bigger threat; can infringe minority rights (e.g., economically or ideologically dominant groups).

Solutions for Controlling Factions

  • Removing Causes: Impossible (e.g., homogenization, abolition of liberty).

  • Controlling Effects: Design a republican government with institutional checks.

Institutional Designs

  • Elections: Mechanism for accountability and dilution of factions.

  • Representative Government: Delegates power to elected citizens; emphasizes a trustee model for the common good.

Separation of Powers and Checks

  • Federalist No. 51: Government must control itself to prevent tyranny.

  • Madison's Definition of Tyranny: Accumulation of powers in one entity.

  • Control Method: Separate powers to obstruct each other.

The Executive Branch

  • Presidency: The head of the executive with significant powers.

  • Electoral College: System for electing the President; candidates can win without popular vote.

Legislative and Judicial Branches

  • Legislative Branch (Congress): Bicameral, consists of the House of Representatives and the Senate.

  • Judicial Branch: Interprets laws and can declare acts unconstitutional.

System Checks and Amendments

  • Veto Power: President can block legislation; Congress can override with 2/3 votes.

  • Impeachment Process: House impeaches; Senate convicts.

  • Amendment Process: Difficult with a high threshold for proposals and ratifications.

Canadian Context

  • Canada's Model: Similar to the US; emphasizes indirect representation and checks.

  • Bicameralism and Judicial Review: Legislative checks through elected and appointed members.