Foundations of American Government

Foundations of American Government

Elite vs Popular Democracy

• Elite Democracy

  • Most people are often uninformed regarding complex issues.

  • The masses tend to be highly intolerant and emotional in their opinions.

  • Elites engage in actions necessary to win votes.

  • The goal of democracy is to protect individuals' rights to pursue their interests, resulting in inevitable inequalities within society.

  • Elites can filter public views through their expertise to create informed outcomes.

  • Reforms in the U.S. typically progress slowly and often come as a result of elite actions.

• Popular Democracy

  • The public actively participates in decision-making processes that affect their lives.

  • If the masses feel threatened or dissatisfied, they are likely to mobilize and engage.

  • True democracy represents full participation of its citizens.

  • The ideal goal of democracy is to strengthen community ties and reduce inequality levels.

  • Elected representatives must accurately reflect popular sentiments.

  • Ordinary citizens can often be the catalysts for reform.

Influences of the Founding Era

• British Constitutional System: Comprised laws and practices that shaped colonial governance.

• Political Philosophy and Historical Influences:

  • Colonial Traditions:

  • Magna Carta: Established fundamental legal principles.

  • English Petition of Right: Limited the power of the monarchy.

  • English Bill of Rights: Outlined specific rights for citizens.

  • English Common Law: A body of law derived from judicial decisions.

  • Glorious Revolution: Established parliamentary sovereignty.

  • John Locke: Advocated natural rights and social contract theories.

  • Baron de Montesquieu: Promoted separation of powers.

  • Greek Democracies: Early examples of citizen participation.

  • Roman Republic: Influential in concepts of republicanism and representation.

  • Iroquois Confederacy: Provided a model of governance among various tribes.

  • Colonial Legislatures and Local Courts: Early governance structures reflecting localized autonomy.

  • Emerging Free Market Traditions: Prelude to capitalism and economic independence.

  • Property Interests: Influenced political power and status in colonies.

  • Economic Recession and Changes in Population: Created pressures for reform.

Limited Government

• Natural Rights:

  • Defined as rights derived from the creator that are granted universally, including life, liberty, and property, as described by John Locke.

• Social Contract:

  • The concept where individuals surrender certain extreme rights for protection of their natural rights in a commonwealth framework.

• Popular Sovereignty:

  • The principle that the government's power is derived from the consent of the governed.

• Republicanism:

  • A political ideology where the power of the government is carried out through elected representatives, reflecting the will of the people via regular elections.

Pre-Revolution: Tensions Rise

• Aftermath of the French and Indian War:

  • England defeated France and acquired substantial land in America.

  • Facing a high debt from the war, England looked to colonies for financial support.

  • Resulting questions on how the colonists would contribute to paying off the war and the rationale behind it led to tensions.

Pre-Revolution: Civil Disobedience

• Reasons for colonial dissent:

  • Sons of Liberty: A grassroots organization aimed at instigating civil disobedience, with a goal of intimidating loyalists and pushing leaders for colonial rights.

  • Boston Massacre (1770):

  • Increasing skirmishes between British soldiers and colonists.

  • Events escalated when a soldier, after being harassed, stabbed a colonist, which led to a larger confrontation.

  • When someone shouted “fire”, guards opened fire, resulting in 5 deaths and 6 injuries, framing British actions as aggressive.

  • Boston Tea Party (1773):

  • A protest against “no taxation without representation” that directly opposed the Stamp Act, Townshend Acts, and the Tea Act.

  • Consequences included the Coercive Acts (Intolerable Acts), imposing severe restrictions such as a blockade on Boston and the Quartering Act, which required housing British troops.

Pre-Revolution: Final Push

• First Continental Congress (1774):

  • Convened in Philadelphia as a response to the Coercive Acts.

  • Drafted a Declaration of Rights, asserting loyalty to the Crown but contesting taxation.

  • Influenced by Common Sense (1776), a pamphlet by Thomas Paine advocating independence and the establishment of a Democratic-Republic.

Declaring Independence

• State legislatures elected delegates for the 2nd Continental Congress in 1776, leading to the approval of a resolution declaring the 13 colonies as independent on July 2, 1776.

• Delegates signed a formal petition to King George III and Parliament on July 4, 1776, officially declaring independence from British rule.

Declaration of Independence

• Composed of 27 grievances directed at the King, based on Lockean principles advocating a republican form of governance through social contracts.

• Served as a framework elucidating the foundational principles of American government: (1) Natural Rights, (2) Social Contract, (3) Popular Sovereignty, and (4) Republicanism.

Freedom! Now We Need a Government

• Classifications of Government:

  • Unitary: Centralized power in one body.

  • Confederate: Power located within smaller states/local government.

  • Federal: Power shared between national and state bodies.

The Articles of Confederation

• Established in 1781 following the Declaration of Independence in 1776.

• Immediate context prior to the formation involved significant activities among the individual states:

  • Each state drafting its own Bill of Rights and constitutions, which showed considerable variation in structure and authority.

The Articles of Confederation

• Served to unite individual states under a collective framework.

• Not clarified whether the Articles served as a constitution or merely a treaty.

Key Structural Components of the Articles of Confederation

• Structure: Unicameral legislature named Congress.

• Members of Congress: Each state could have between two and seven delegates.

• Voting in Congress:

  • Each state had one vote.

• Vote needed to pass legislation: A two-thirds majority with some exceptions.

• Term of Legislative Office: One year without successive terms exceeding three out of six years.

• Congressional Pay: Compensation was determined by states.

• When Congress is not in Session: Governed by a Committee of States with powers equivalent to Congress.

• Executive: Absence of a distinct executive branch.

• National Judiciary: Limited to a national maritime court with states establishing their own judicial systems.

• Disputes between States: Handled by Congress.

• Amendment: Required unanimous consent from all states.

• Navy and Army:

  • Congress was responsible for naval creation; states could equip ships against piracy.

  • Congress regulated size and requested troops from states based on state populations.

• Taxes:

  • Taxation was based on Congressional apportionment, collected by the states.

Purpose of the Articles of Confederation

• Aimed to preserve state sovereignty while necessitating cooperation.

• Legislative initiatives required a two-thirds vote in Congress, wherein every state had a singular vote.

• Amendments needed absolute support from both Congress and the state legislatures.

• Financial contributions from states could not be enforced.

• A standing army could not be maintained without support from states due to fears of a tyrannical government.

• Issues arose from varying cultures, economies, and politics of individual states, impacting the governance framework.

Problems with the Articles of Confederation

• The Articles of Confederation were notably WEAK, characterized by various deficiencies:

  • An absence of central leadership (no executive branch).

  • Congress lacked authority to enforce its laws.

  • Congress had no power to impose taxes.

  • Congress could not regulate interstate trade.

  • No national judiciary existed to settle disputes.

  • Modifications to the Articles required unanimous consent, presenting significant hurdles.

Exposing the Articles

• Shays’ Rebellion:

  • Originated from farmers who had served in the war but were unpaid.

  • Faced with escalating taxes higher than under British rule.

  • Rebelled against debtors' courts.

  • This uprising revealed the foundational weaknesses of the Articles, propelling calls for reform.

Constitutional Convention

• Convened in 1787 with the primary objective to amend the Articles of Confederation, recognizing its inefficiencies.

• The need arose for a new governance structure that would mitigate the main flaws of the Articles and provide safeguards against potential tyranny.

Branches of Government

• Legislative: Responsible for making laws and structured as bicameral.

• Judicial: Interprets the laws to uphold justice.

• Executive: Enforces laws through administrative action.

Representation

• Virginia Plan: Advocated for a robust national government with a tripartite structure consisting of legislative, executive, and judicial branches; proposed a bicameral legislature with proportional representation.

• New Jersey Plan: Proposed a unicameral legislature featuring equal voting rights for each state alongside an executive elected by the legislature.

• Great Compromise: Established a bicameral federal legislature with a dual representation system—equal representation in the upper house (Senate) and proportionate representation based on population in the lower house (House of Representatives).

  • Structural check instituted since Congress was intended to be the most powerful of the three branches, requiring unity in passing legislation.

Electoral College

• Number of electors determined by the sum of a state's Representatives and Senators.

• Electors are responsible for casting votes for President during meetings within the Electoral College.

• Votes are transmitted to Congress for counting.

• In the event of a tie in presidential voting, the House breaks the tie.

  • This represents a structural check where the selection of the President is not carried out by popular vote, presenting a form of elite decision-making.

3/5ths Compromise

• Northern states opposed counting enslaved African Americans for representation, while Southern states advocated for their inclusion, threatening to leave the Constitutional Convention.

• Resolution reached: For every five enslaved individuals, three would be counted towards representation, thus favoring Southern states politically.

• Additionally, stipulations included that fugitive slaves needed to be returned, and restrictions on the banning of the slave trade would remain until 1808.

Ratification

• Federalists: Championed the Constitution advocating for a more powerful national government.

• Anti-Federalists: Opposed ratification, favoring localized governance structures.

  • Federalists presented a unified front partially through the Federalist Papers.

  • Anti-Federalists lacked a unified strategy or platform.

Bill of Rights

• Requested by Anti-Federalists to ensure the protection of individual rights.

• Federalists initially expressed disagreement citing:
  1) Rights were already enshrined in state constitutions.
  2) Concerns regarding unlisted rights.

• Ultimately, a compromise was reached, and the Bill of Rights was incorporated.

Amendment Process

• Proposal: National Level

  • U.S. Congress: Requires a two-thirds vote.

  • National Convention: Can also propose amendments.

• Ratification: State Level

  • Requires a three-fourths vote from state legislatures or state conventions.

• The principles underpinning the Amendment process reflect concepts of:

  • Federalism: Divided power between national and state governments.

  • Popular Sovereignty: The ultimate authority rests with the people.

  • Republicanism: Governance through elected representatives.