Foundations of American Democracy

Foundations of American Democracy

Declaration of Independence

• Natural Rights:
  • Referred to as "certain unalienable rights."
  • Fundamental rights of all humans that are not granted by a government.
• Social Contract:
  • The idea that governments are established among men to protect these rights.
  • Governments derive their powers from the consent of the governed, reflecting popular sovereignty.

Principles of U.S. Government

• Limited Government:
  • Governmental power is restricted by laws; in the U.S., this is the Constitution.
• Republicanism:
  • A representative form of government where people elect representatives to make public policy.
• Federalism:
  • Division of power between national, state, and local governments.
• Separation of Powers:
  • Each branch of government (legislative, executive, judicial) has specific, limited powers
• Checks and Balances:
  • Each branch can limit or influence the actions of other branches.
• Popular Sovereignty:
  • The people are the source of governmental power and authority.

Models of Representative Democracies

• Participatory Democracy:
  • Emphasizes broad participation and an active role for individual citizens in politics and civil society.
  • Contemporary examples include Occupy Wall Street, March for our Lives, #MeToo, and amendments that expanded suffrage.
• Pluralist Democracy:
  • Group-based activism striving to impact political decision-making; individuals become more powerful as part of a group.
  • Contemporary examples include political parties and interest groups.
• Elite Democracy:
  • Emphasizes limited or filtered citizen participation in politics and civil society, often skeptical of the ability of citizens to make well-informed choices.
  • Contemporary examples include the Electoral College, congressional representation, iron triangles, and Super PACs.
• Constitution:
  • It establishes a limited democracy where only the House of Representatives was directly elected.
  • Established a republic, where congressional representation and the Electoral College minimize the role of the public in policymaking.

Federalist vs. Anti-Federalist Debates

• Federalists:
  • Supported the new Constitution and favored a stronger central government.
  • Federalist No. 10:
    • Argues that a republic is superior to a democracy because, in a democracy, majority factions will tyrannize minorities.
    • Factions (groups with interests adverse to the rights of others) threaten the stability of the new nation.
    • A large republic will lead to more factions, diluting the power of each individual faction, diminishing the chance of any single faction dominating the government.
• Anti-Federalists:
  • Opposed the Constitution, favored states' rights, and demanded a Bill of Rights.
  • Brutus No. 1:
    • Power should be held by the people; local governments are more democratic and allow citizens to more directly influence public policy.
    • Opposed ratifying the Constitution.
    • Fear that the federal government will tax excessively, oppressing the people, destroying state governments; the elastic clause will give Congress absolute and uncontrollable power.
    • Advocates for small republics where power is held by people in smaller, more local governments.

Articles of Confederation

• Congress could:
  • Declare war
  • Make treaties
  • Raise an army
  • Coin & borrow money
• Congress could NOT:
  • Tax
  • Regulate interstate commerce
• Shays' Rebellion:
  • A weak federal response to Shays' Rebellion began to shift public opinion toward favoring a stronger central government and a new Constitution.

Negotiation and Compromise at the Constitutional Convention

• Great Compromise:
  • Created a bicameral legislature: the House (based on population, favored large states) and the Senate (two senators per state, favored small states).
  • Revenue bills would originate in the House.
• 3/5 Compromise:
  • Slaves would count as 3/5 of a person for congressional representation purposes (southern states wanted slaves to count; northern states did not).
• Electoral College:
  • The Electoral College selects the president.
  • Some wanted direct election by citizens, while others wanted Congress to select the president.
• Importation of Slaves:
  • The slave trade couldn't be banned for 20 years.
  • Some wanted to abolish the slave trade, others wanted it legally protected.

Contemporary Debates on Role of Central Government

• Government surveillance post 9/11:
  • Stronger central government: favors more defense spending, the Patriot Act, increased surveillance, and security.
  • Individual rights: 4th Amendment protects against unreasonable unwarranted searches with no probable cause.
• Role of the federal government in public education:
  • Bigger role for the federal government: Unified education policy, expanded tax base for public education, establishment clause.
  • State power: Education is a reserved power, states can make own policy, promote voucher programs, charters, and private schools.

Separation of Powers, Checks and Balances

• "If men were angels, no government would be necessary."
• "Ambition must be made to counteract ambition."
• Separation of Powers:
  • Each branch is assigned specific powers, so each branch has limited power.
    • Legislative: Make laws
    • Executive: Enforce laws
    • Judicial: Interpret laws
• Checks and Balances:
  • Each branch has the ability to limit/block/influence actions of other branches
  • Examples: The President can veto laws; Congress can override presidential vetoes.

Federalism

• Division of power between national, state, and local governments.
• Delegated Powers:
  • Given to the federal government.
  • Examples: Declare war, raise an army, treaties, interstate commerce, coin money.
• Reserved Powers:
  • Kept by the states.
  • Examples: Education, healthcare, welfare, police powers.
• Concurrent Powers:
  • Held by both federal government and states (but these powers are carried out independently).
  • Examples: Tax, borrow money.

Distribution of Power between Federal and State Governments

• The distribution of power between federal and state governments has changed over time.

Dual Federalism (Layer Cake)

• States and federal government are each supreme in their own sphere of power, with no overlap.

Cooperative Federalism (Marble Cake)

• Federal and states share responsibilities, costs, and administration of policies, thus increasing federal power.
• 10th Amendment:
  • All powers not delegated to the federal government or denied to the states are reserved to the states or the people.
• Enumerated Powers:
  • Directly written in the Constitution.
  • Congress can declare war, raise an army, coin money, and regulate interstate commerce.
• Implied Powers:
  • Not directly written; based on the necessary and proper/elastic clause.
  • Congress can make legislation on economic, environmental, and social issues.
• Necessary and Proper Clause:
  • Expands federal power; Congress can make laws necessary and proper for executing their enumerated powers.
• Commerce Clause:
  • Expands congressional power.
  • Modern broad interpretation: only Congress can regulate anything affecting interstate commerce.
• Balance of Power: States vs. Federal Government
• 14th Amendment:
  • Shifts power towards the federal government.
  • States become restricted by the Bill of Rights through selective incorporation.
• Federal Revenue Sharing:
  • Federal $ to states with little or no strings attached (no longer exists).
• Categorical Grants:
  • Federal $ to states for a specific purpose; may have conditions of aid (requirements to get the $).
• Block Grants:
  • Federal $ to states for use within a broad purpose; more (but not total) freedom to states.

Supreme Court Cases

• Expanded federal power; Congress has implied powers.
• McCulloch v. Maryland (1819):
  • Congress can establish a national bank based on the necessary and proper clause.
  • A state cannot tax the federal government based on the supremacy clause.
• United States v. Lopez (1995):
  • Limited Congress' commerce clause powers.
  • Struck down the federal Gun-Free School Zones Act.
  • The 10th Amendment creates a federal system that protects state power; the commerce clause does not give Congress endless power.

Required Foundational Documents

• Declaration of Independence:
  • "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness."
  • "That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed."
• Constitution:
  • Article I: Congress
  • Article II: Executive
  • Article III: Judicial
  • Article IV: Federal supremacy
• Brutus No. 1:
  • Argues against ratifying the Constitution and wishes for power to be held by the people in smaller, more local governments, making it more democratic.
• Articles of Confederation:
  • States were sovereign; each state had one vote in Congress.
  • No executive or judicial branch.
  • States could impose tariffs on other states, create their own currencies, and ignore federal treaties.
  • Congress couldn't tax.
  • Intentionally created a very weak national government.
• Federalist No. 10:
  • A large republic is the best way to control factions and protect minority rights while maintaining majority rule.
• Federalist No. 51:
  • Argues for checks and balances and separation of powers.
  • We need a government because people aren't perfect, and we need to limit government because people in government aren't perfect either.