Recording-2025-09-03T18:02:48.411Z
Context and big-picture ideas
- The declaration is presented as neutral regarding democracies, yet questions remain about how the American Revolution relates to democracy in the U.S. context.
- Tocqueville’s observation: Americans were born equal, due in part to historical circumstances:
- English settlers tended to come from middling life and built more democratic institutions than contemporaries in England.
- As Marx echoed Tocqueville, America did not inherit a feudal structure crushing the living.
- Over ~170 years of colonial life, democracy was quietly being prepared, but colonial thought on the eve of the Revolution remained predemocratic: survival and practical self-government came first, not explicit leadership structures.
- Hobbesian vs Lockean views of human nature:
- Hobbes: without a central authority (the Leviathan), humans would descend into a state of nature with constant conflict; peace requires a powerful sovereign.
- Locke (Lockean liberalism): human beings can cooperate to secure mutual interests while preserving natural rights; a foundation for a different view of human nature and government.
- Tocqueville argued democracy in the American context is a culture, born from Lockean understandings, not just a formal declaration of rights. Democracy here is a social and cultural formation as much as a political structure.
- The early American political project did not enshrine a formal declaration of democracy in the Declaration of Independence; the form and organization of government were left to later developments.
Key historical phases and ideas
Colonial foundations and the pre-revolutionary mindset
- Colonial life prepared the ground for democracy through lived practices of cooperation and mutual aid among settlers.
- Predemocratic thought on the eve of revolution: individuals needed to fend for themselves and figure out how to get along, not primarily how to rule others.
- The early American experiment is frequently described as a culture of democracy rather than a fully developed democratic theory from the start.
The nature of human nature and political theory in early America
- Hobbes vs Locke is used to frame how Americans thought about political authority and liberty.
- The American experiment flips the Hobbesian expectation: rather than a single Leviathan, the new society sought to distribute power, check ambition, and foster cooperation across competing interests.
- Tocqueville’s insight into American democracy as a culture continues to influence how we read the Constitution and republicanism.
The Articles of Confederation: design and weaknesses
Structure of the Confederation
- The United States operated as a confederation under the Articles with a very weak central government.
- Key structural weaknesses:
- No executive branch to enforce laws (no real national executive).
- No standing national military force to protect the new nation.
- A unicameral legislature where each state had one vote, regardless of population (13 states, 1 vote each).
- Very limited ability to raise revenue; lacked power to tax directly.
- Foreign relations coordination was difficult due to divergent state interests and weak central coordination.
- Consequence: foreign policy coordination was challenging; the central government could not compel state action or unify fiscal policy effectively.
Shays’ Rebellion as a test case
- Rebellion occurred in Massachusetts; farmers who had fought in the Revolution faced economic distress (grievances over taxation and commerce).
- Democratic but despotic: the Massachusetts legislature relied on pure majority rule (50% + 1) with little to no checks on majority power.
- The rebellion highlighted the inability of the central government to respond decisively; private militias were hired to quell the revolt because there was no standing national army.
- Machiavelli’s counsel: private militias should be hired if necessary but disbanded quickly to avoid future problems; militias are unreliable in the long term.
- Lessons: reliance on private force and lack of centralized authority are dangerous; needed a more robust governing framework.
Foreign relations challenges
- Dependence on foreign powers (Spain and France) and proximity to Britain created complex external pressures.
- Coordination among the 13 states for foreign policy was difficult due to competing regional interests (coastal vs inland states).
- These foreign-relations pressures pushed framers toward creating a stronger central government.
The path to a new constitutional framework (1787)
The call for a convention and why secrecy mattered
- By 1787, most framers agreed that change to the Articles was necessary; Congress had become gridlocked.
- A convention was called to amend the Articles, not to rewrite them piecemeal.
- The plan to revise the Articles emerged from a desire to solve structural flaws that prevented effective governance and foreign-policy coordination.
The Virginia Plan vs. the New Jersey Plan
- Virginia Plan (largely James Madison’s concept, presented early and in secret):
- Bicameral legislature with two houses.
- Representation in both houses based on population; thus, larger states would have more influence.
- A national veto over state laws; a strong national executive with real decision-making powers; a new national judiciary.
- Aimed to replace the Articles with a substantially new framework.
- New Jersey Plan (presented publicly and widely supported):
- Retained a unicameral legislature with equal representation for each state.
- Some changes to procedures and a weak executive, but not a wholesale rewrite.
- The Virginia Plan was shocking because it proposed a radical overhaul, replacing most of the Articles; the New Jersey Plan offered a more incremental set of changes and was initially favored by many delegates.
The Great Compromise (the Sherman compromise)
- A bilateral agreement to resolve representation disputes and create workable governance:
- A bicameral Congress: two houses.
- House of Representatives: representation by population (larger states favored).
- Senate: equal representation for each state (two members per state) to protect smaller states.
- A national judiciary to be established; Supreme Court nominees to be confirmed by the Senate; the president would nominate.
- The legislature would have broad powers over fiscal matters (taxation and related financial policies).
- The compromise balanced competing interests and made national governance feasible.
Presidential elections and the executive branch
- Electoral College: originally proposed as a body where electors would vote for president, not necessarily bound to the popular will of their state's voters.
- The system would later evolve, but the initial design reflected a cautious attempt to balance popular influence with layered, deliberative selection of executive leadership.
The Three-Fifths Compromise and slavery
- The Three-Fifths Compromise addressed representation for enslaved people in determining both population for representation and taxation.
- Contested interpretations:
- Some view the compromise as morally problematic and a tacit protection of slavery by giving slaveholding states greater political power without granting enslaved people rights.
- Others argue it was a necessary compromise to secure the agreement of both Northern and Southern states and to avoid a complete deadlock.
- Strengthening and limitations of this compromise:
- The Constitution did not explicitly mention slavery but used language that allowed the slave trade to continue for twenty years after ratification (until 1808) before it could be abolished.
- Governor Morris and other opponents publicly condemned slavery, but pragmatic considerations and political realities helped preserve the institution within the constitutional framework.
- Post-ratification dynamics: some Northern states later passed legislation to curtail slavery through state law, using constitutional provisions as a framework for gradual change; others saw the Constitution as a vehicle to advance abolitionist aims in the long run.
Federalist debates