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.

Midterm Examination Information

  • 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.