lecture 19
Direct Democracy
- Definition and Characteristics:
- Direct democracy is a form of governance in which citizens vote directly on laws and policies.
- In contrast to representative democracy, where elected representatives make decisions on behalf of citizens.
- Historical Context:
- Notably practiced in ancient Athens, where citizens voted directly on legislation and government policies.
- Contrast with Representative Democracy:
- Current system of governance in many nations, including the United States, where representatives are elected to make decisions for the electorate.
- Examples and Implications:
- Discussions regarding Federalist Paper No. 10 often reference direct democracy in the context of faction control and potential dangers.
- Hypothetical example discussed: A deserted island scenario where individuals directly vote on governance.
Federalist Paper No. 10 & Factions
- Implications of Direct Democracy:
- Madison argues direct democracy cannot control factions effectively, suggesting representatives can manage diverse interests better.
- Concerns about mob rule and instability associated with direct democracy are emphasized.
- Content Coverage:
- Midterm will mostly cover material discussed in class and included in slides; anything not discussed in-class will not be on the test.
- Areas of consideration include direct democracy and its implications, along with other relevant content.
- Difficulty Level Assessment:
- Quizzes: Medium Easy
- Midterm: Medium Medium – expected to be more challenging than quizzes, but not overly difficult.
Judicial Review
- Definition:
- Judicial review refers to the power of courts to assess whether a law is in accordance with the constitution.
- Historical Perspectives:
- Thomas Jefferson opposed the idea of judicial review, questioning the judiciary's monopoly on constitutional interpretation.
- Jefferson’s concern: An unelected judiciary could strike down laws passed by a democratically elected Congress.
- Departmental View of Constitution:
- Jefferson believed all branches of government (executive, legislative, judicial) should interpret constitutional authority.
- Example: If Congress passes a law deemed unconstitutional by the President, the President could refuse to enforce it.
Concerns about Judicial Supremacy
- Critique of Life Tenure:
- Jefferson argued federal judges should serve fixed terms (e.g., 6 years) with potential for reappointment to prevent abuse of power.
- Legislative checks: Congress can limit judicial powers or impeach judges if necessary.
- A criticism of life tenure posits that impeachment is too weak of a control on judicial power.
- Judicial Accountability:
- Jefferson emphasized that judges are subject to human flaws and should not be given unchecked power.
- Went as far as to declare judicial error and interpretation as protected from punishment under the guise of judgment error.
Hamilton’s Defense of Judicial Review
- Position:
- Hamilton argued that judiciary is the least dangerous branch of government, lacking enforcement power (no power of the purse or sword).
- He asserts that judicial review is a necessary function to protect citizens from unconstitutional laws.
- Role of the Judiciary:
- The judiciary does not possess more power than Congress; it merely acts as a check against potential overreach.
- Hamilton argues that through judicial review, the rights of the people are protected from legislative encroachments.