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.