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Constitutional Democracy 1


Learning Objectives

1.1

1.2

Use the concept of constitutional democracy to explain U.S. government and politics

Differentiate democracy from other forms of government, and identify conditions conducive to a successful democracy

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Learning Objectives

1.3

1.4

Show how politics before 1787 shaped the Constitution

Assess the important compromises reached by the delegates to the Constitutional Convention of 1787

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Learning Objectives

1.5 Evaluate the arguments for and against the ratification of the Constitution

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U.S. Government and Politicians in Context Fragile foundation – the oldest constitutional democracy

in the world Each generation faces new challenges Why such resilience and adaptability?

Love of country Respect for Constitution Respect for free enterprise system Acceptance of representative democracy

Debate, compromise, elections – prevent any one group or person from having too much power

Active participation is required

1.1


Thomas Jefferson 1.1

Thomas Jefferson was the principal author of the Declaration of Independence and the third president of the United States

Jefferson believed that the people themselves are the only safe repositories of government.

But even the power of the people, Jefferson believed, must be restrained from time to time.


1.1 What does constitutional democracy require?

a. Active participationb. Faith in common human enterprisec. Skepticism of leadersd. All of the above

1.1


Defining Democracy – these are the terms we will be discussing:

Definitions Democracy as a System of Interacting

Values Democracy as a System of Interrelated

Political Processes Democracy as a System of Interdependent

Political Structures Conditions Favorable for Constitutional

Democracy

1.2


Democracy - government by the people, both directly or indirectly, with free and frequent elections Direct democracy versus representative – U.S. has some of both

such as when voters select who runs for office Direct primary – an election in which voters choose party nominees Initiative and referendum - citizens vote on state laws or

amendments to state constitutions Recall – lets voters remove elected officials from office before their term is

over Constitutional democracy – government by

representative politicians Constitutionalism – arrangements such as checks & balances,

federalism, separation of powers, rule of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws

1.2Definitions


1.2


Democracy as a System of Interacting Values

Personal liberty-everyone must have the chance to realize their goals

Individualism – the moral, political, and ethical philosophy of life that emphasizes individual rights, effort, and independence

Statism – idea that the rights of the nation are supreme over rights of the individuals

Equality - every individual has a right to equal protection under the law, equal voting power, and the right to improve their economic status

Opportunity and the American Dream Capitalism - economic system based on private property and limited

government involvement in competitive markets.

Popular Sovereignty - legitimate political authority rests with the people

1.2


1.2


Democracy as a System of Interrelated Political Processes Free and fair elections – the best way to hold officials responsible Majority rule – governing according to the preferences of more than half

of the voters Plurality – decided by the most votes, but not necessarily more than half Freedom of expression- the government can’t control what is said

or how it is said Right to assemble and protest Justice and the rule of law – laws are applied equally and by just

procedures

1.2


Democracy as a System of Interdependent Political Structures Federalism – constitutional arrangement in which power is distributed

between a central government and states Separation of powers – division of powers among the legislative,

executive, and judicial branches Bicameralism – the principle of a two-house legislature Checks and balances – a grant of powers that enables each of the 3

branches to check acts of the others so no branch can dominate Bill of Rights – (the 1st 10 amendments to the Constitution) provides a

guarantee of individual liberties and due process

1.2


Conditions Favorable for Constitutional Democracy Educational conditions – need educated voters Economic conditions – equal distribution of wealth is

best Social conditions – cohesion between groups Ideological conditions – a general consensus No one factor guarantees stability

1.2


1.2Voter Guides


1.2Polling Stations


TABLE 1.1: Conditions for democratic stability

1.2


1.2 Which of the following nations would not be a democracy?

a. One with widespread povertyb. One with overlapping associationsc. One that is very larged. One that has democratic consensus

1.2


a. One with widespread povertyb. One with overlapping associationsc. One that is very larged. One that has democratic consensus

1.21.2 Which of the following nations would not be a democracy?


Roots of the American Constitutional Experiment Colonial Beginnings Rise of Revolutionary Fervor Toward Unity and Order

1.3


Colonial Beginnings

Theocracy - system of government that religious leaders claim divine guidance and other sects are denied religious liberty.(The Puritans of Massachusetts established this system of government.)

Finding balance Unity and diversity Stability and dissent Order and liberty

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Rise of Revolutionary Fervor Resentment mounted during 1770s War breaks out in 1775 Declaration of Independence 1776

Signing their death warrant

1.3


Toward Unity and Order Articles of Confederation (1777) – the document that

established a new national government during the Revolutionary War. Annapolis Convention (1786) – a convention to consider

problems of trade and navigation. It issued the call to Congress and the states for what became the Constitutional Convention.

Constitutional Convention (1787) – when and where the Constitution was debated and written. The Convention had originally been called to revise the Articles of Confederation. Instead they resolved to create a stronger, supreme national government

Shays’ Rebellion – farmers protested mortgage foreclosures highlighting the need for a strong national government

1.3


1.3 Which describes the Articles of Confederation?

a. A blueprint for a strong national governmentb. The way Britain ruled the coloniesc. A loose association between the original

statesd. Made up of a strong president and

legislature, but no judiciary

1.3


1.3 Which describes the Articles of Confederation?

a. A blueprint for a strong national government

b. The way Britain ruled the coloniesc. A loose association between the original

statesd. Made up of a strong president and

legislature, but no judiciary

1.3


Constitutional Convention 1.4


Delegates

White male landowners George Washington presided Secrecy maintained

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Consensus

Agreement on republican form of government

Agreement on protecting elite

Voting limited to property owners

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Conflict and Compromise Large versus small states

• Virginia Plan - 3 Branches (Executive, Legislative, Judicial)

– Bicameral legislature– Representation based on population or amount of money given to the national

government– The lower house would be popularly elected– The Upper House would be selected from a list nominated by the state

legislatures– National Government would be Supreme

• New Jersey Plan - 3 branches of government– Executive would be made of more than one person– Legislature would be unicameral– States would be represented equally– Judiciary would be a single supreme tribunal

1.4


Connecticut Compromise – the agreement by states for a bicameral legislature with a lower house. Representatives would be based on population and an upper house in which each state would have two senators

Bicameralism – the principle of a two-house legislature(The Congress and the Senate) It reflected the belief in

the need for a balanced government.


North-South Compromises The Three-Fifths Compromise

Slaves were counted as 3/5 of a person for purposes of representation and taxation

Commerce and Slave Trade CompromiseNo tax on ExportsCongress cannot interfere with the slave trade for at least 20 years

Electoral College was agreed upon - the system used in electing the president and vice president – voters vote for electors who pledge to cast their ballots for a particular party’s candidate

Sources of the Constitution

• Commentaries on the Laws of England by William Blackstone

• The Spirit of the Laws by Baron de Montesquieu

• Social Contract by Jean-Jacques Rousseau• Two Treatises of Government by John Locke• Many others

The Convention Completes Its Work

• On September 17, 1787, The convention agreed to sign the Constitution

• Next began the long process of Ratification, which was required before it would become law


FIGURE 1.1: Western expansion 1791

1.4


TABLE 1.2: Constitutional Convention: Conflict and compromise

1.4


1.4 Which compromise was between the North and South?

a. Virginia Planb. New Jersey Planc. Connecticut Compromised. Three-fifths Compromise

1.4


a. Virginia Planb. New Jersey Planc. Connecticut Compromised. Three-fifths Compromise

1.41.4 Which compromise was between the North and South?


To Adopt or Not to Adopt?

Federalists a group who argued for ratification of the Constitution, including a stronger national government with less power to the states They controlled the new federal government until Jefferson’s election in 1800. Anti-Federalists Opponents of ratification of the Constitution and of a strong central government. Preferred the idea of more localized government to respond to their needs and concerned The Politics of Ratification

1.5


Federalists versus Anti-Federalists Ratification by 9 out of 13 Urban/rural and sea coast/interior split Federalist Papers – a series of essays written to

encourage ratification of the proposed Constitution Bill of Rights – Federalists believed it wasn’t needed

because guaranteeing some rights might imply others weren’t guaranteed

1.5


Politics of Ratification

Bill of Rights sticking point Federalists better organized Delaware first state to ratify Virginia and New York needed Most newspapers supported ratification

1.5


TABLE 1.3: Ratification of the U.S. Constitution

1.5


Patrick Henry 1.5


1.5 What was the biggest contribution of the Anti-Federalists?

a. The Federalist Papersb. The Bill of Rightsc. New York’s support for ratificationd. The New Jersey Plan

1.5


a. The Federalist Papersb. The Bill of Rightsc. New York’s support for ratificationd. The New Jersey Plan

1.51.5 What was the biggest contribution of the Anti-Federalists?


Discussion Question

Why did the states choose to abolish the Articles of Confederation and write a new Constitution? What political beliefs underlie the design of the new government?

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