Republics and Democracies:

Overview of the American Constitution and Political System

  • Focus on the founding principles and issues related to law and the concept of judicial review.

Founding Principles: Republic vs. Democracy

  • Importance of context in understanding the terms "republic" and "democracy."

    • Common phrases: "We are a republic, not a democracy."

    • Agreement with the sentiment, but elaboration on the implications.

    • Distinction between electing leaders vs. direct democracy.

    • Direct democracy involves the public voting on all issues (e.g., New England towns, modern Switzerland).

Historical Context of Democracy

  • Ancient Greece: Meaning and usage of democracy.

    • Aristotle's definition:

    • Demos (people) implies rule of the people.

    • Contrast with Oligarchy (oligos means few), rule of a few.

    • Democracies chosen by lot, whereas oligarchies chose leaders by election.

    • Interpretation leads to viewing modern systems as oligarchies due to electoral processes.

Historical Context of Republic

  • Ancient Rome: Development of the term republic.

    • Res publica: Literally translates to "the thing of the people."

    • Included elected rulers and recognized the importance of the Senate.

    • Cicero translated Plato's works, popularizing "republic" in Roman context.

  • Medieval/Renaissance Era: Evolved meaning of republic.

    • Popular governments were distinct from monarchies.

    • Elected Monarchies: Examples include the Holy Roman Empire and Denmark.

Classical Republicanism vs. Classical Liberalism

  • Classical Republicanism: Focus on community, civic virtue, and citizen participation (e.g., Rousseau).

  • Classical Liberalism: Emphasis on individual rights, freedoms, and commerce.

    • Both advocate for popular government, but differ in content and approach.

Founding Fathers' Use of Terms

  • Inconsistent interpretations of "republic" and "democracy."

    • Democracy seen as a poorly run popular government or unchecked majority rule.

    • Favoring republicanism associated with well-run popular government.

  • Modern interpretations:

    • Civic Republicans emphasize active political engagement.

    • Modern Liberals regard political involvement as instrumental for personal communities.

Definitions and Distinctions

  • Republic:

    • Contrasted against monarchy, excessive majority power, and poor governance.

  • Democracy: Original meaning and contemporary implications.

    • Three meanings:

    1. Popular rule: People make decisions or elect leaders.

    2. Popular rule with guaranteed freedoms (e.g., freedom of press, religion).

    3. Contrast with authoritarian regimes or monarchies.

    • Direct democracy: Laws made by majority vote (e.g., some cooperatives and elements in Switzerland).

Contemporary Relevance

  • Importance of context when interpreting "republic" and "democracy."

  • Responses to misuse of terms:

    • Seeking clarification for different interpretations.

  • Design of American system limits majority rule.

    • Structures like the House and Senate, Electoral College, and specific legislative procedures.

Constitutional Debates on Civic Virtue

  • Concern over the limits of civic virtue among people:

    • Recognized tendency towards selfishness and shortsightedness.

  • The extent to which governmental structure influences civic virtue:

    • Town meetings promote civic engagement, while distant government may inhibit it.

    • Madison's argument for national level decisions to balance selfish interests across larger populations for better legislation.