Democracy and the Constitution Democracy in the world What is democracy Joseph Schumpeter 1950 institutional arrangement for arriving at political decisions in which the individuals acquire the power to decide by means of a competitive struggle for the peoples vote ID: 273471
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Slide1
January 24, 2012
Democracy and the Constitution Slide2
Democracy in the worldSlide3
What is democracy?
Joseph Schumpeter (1950)
“institutional arrangement for arriving at political decisions in which the individuals acquire the power to decide by means of a competitive struggle for the people’s vote”Slide4
What is Democracy
Dictionary.com
:
“a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system”Slide5
Who can Vote?
Lebanon
– Compulsory for men; optional for women (must have elementary education)
Bhutan
– one vote per house
Leichtenstein
– women’s suffrage in 1984
Saudi Arabia
– local elections only, women cannot vote or run for office
Qatar
– Women originally rejected the right to vote, but now canSlide6
What is Democracy?
Voting is only one of many characteristics of a democracySlide7
What is Democracy?
Certain basic principles are necessary in any definition of democracy.
Free and fair elections
Majority rule
Freedom of expression
Freedom of assembly and the right to protest
Much more emphasis on liberal norms, pluralism
Broad participation, equality, human rightsSlide8
Types of Democracy
Direct Democracy
Aka Participatory Democracy
Representative Democracy
Republican Democracy Slide9
Direct Democracy
δημοκρατίαSlide10
Direct Democracy
Still present in US town hall meetings and in some small European nations to some extent.
Images form wikipedia.orgSlide11
Direct Democracy
Is this feasible on a large scale?
Image form wikipedia.orgSlide12
Direct Democracy
Problems
Tyranny of the Majority
Complexity of Issues
Is it worth it?
V = PB – CSlide13
Representative Democracy
Delegate representation
Citizens choose individuals to represent their interests
This is done through elections
Citizens choose politicians who share their personal beliefs, values, opinions, etc.
Representatives will also act as a check against majority tyrannySlide14
Representative Democracy
Required assumptions for representative democracy to work:
Voters are
aware.Slide15
Representative Democracy
Required assumptions for representative democracy to work:
Voters are
aware.
Voters are
rational.Slide16
Representative Democracy
Required assumptions for representative democracy to work:
Voters are
aware.
Voters are
rational.
Voters are
tolerant.Slide17
Representative Democracy
Required assumptions for representative democracy to work:
Voters are
aware.
Voters are
rational.
Voters are
tolerant.
Voters are
informed.Slide18
Elitist DemocracySlide19
Elitist Democracy
Trustee Representation
Voters should select those most able to run the government and trust that they will make the best decisions.
Only elites should have any real power over government policy.
Most individuals are too ignorant, unaware, or apathetic to have an informed role.Slide20
Representative v. Elitist
Is the United States a representative or elitist democracy?
Public opinion shows that a majority of Americans believe that government serves the interests of a few elites.Slide21
Elitist???
Other arguments for elitism:
Americans are POORLY informed
Opinions are consistently inconsistent
Few participate in government
Few want to participateSlide22
Attitudes on Spending, TaxesSlide23
Forming the republicSlide24
Early Governance in America
Mayflower Compact
Legalized the Pilgrims’ position as a body politic
Colonial Assemblies
Every colony in the New World had an assemblySlide25
Colonists resist the
“Great Squeeze.”
In 1765, the Sons of Liberty organized in resistance to the Stamp Act
Held rallies, sponsored “committees of correspondence,” and recruited community leaders to their cause
Trouble beginsSlide26
The American Revolution
Ideological Motivations
Creation of government with voice for all
“No taxation without representation”
Debates over nature of self-governanceSlide27
The American Revolution
First Continental Congress (September 1774-May 1775)
Many still hoped for compromise
Second Continental Congress (May 1775-March 1781)
Battle of Lexington (April 1775) showed that compromise was impossibleSlide28
Declaration of Independence?
Not really independent yet…more like…Slide29
States join a “confederation,” maintain independence
Adopted March 1, 1781
Articles of confederationSlide30
Weaknesses of the Articles
No power to regulate interstate commerce
No executive
No federal courts
No tax power
No ability to draft citizens for military service
No power over foreign policySlide31
falloutSlide32
Introducing Captain DanSlide33
Extensive war experience
No wartime compensation
Debtor’s Court
Farm seized
BackgroundSlide34
Gathered a
militia
Harassed
public officials
Took over courthouses
Occupied
land
illegally
Held “conventions” nullifying laws
And seized weapons so the rebels could defend themselves!
Captain Dan’s responseSlide35
John Hancock
Sam Adams
Leads to
Constitutional Convention
…What changed? They were scared!
ResponsesSlide36
Problems with the
Articles of Confederation
No executive branch
Congress often lacked quorum
Financial weakness: No source of cash
International weakness: No foreign policy
Military weakness: No real army, navy
Interstate disputes over taxes, bordersSlide37
Constitutional ConventionSlide38
Conflict and compromise
The Virginia Plan
Principle author: James Madison
National government would be supreme over the states
Favored by populous states
The New Jersey Plan
Principle author: William Patterson of New Jersey
“
Confederation model
”
Favored by smaller states
Other problems…Slide39
Conflict and compromise
The Conflict
State-based
approach versus an individual-based approach
The
Compromise
House of Representatives: proportional; Senate: equal number of representatives from each state
The Conflict
Northerners were increasingly abolitionist; Southerners were not
The
Compromise
The Constitution was to protect the Atlantic Slave Trade for at least twenty yearsSlide40
Conflict and compromise
The Conflict
If representation is proportional in the House of Representatives, how should slaves be counted?
The
Compromise
Three-Fifths of the slaves in each state would be countedSlide41
The U.S. ConstitutionSlide42
The U.S. Constitution
The Legislative Branch
The Executive Branch
The Judicial Branch
Guidelines for Relations between States
The Amendment Process
Federal-State Relations; Oath for Officers
How the Constitution Can be RatifiedSlide43
Commerce Clause (Art. 1)
The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribesSlide44
Commerce Clause (Art. 1)
The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Henderson/Transylvania PurchaseSlide45
Commerce clauseSlide46
Denied Powers
No abolition until 1808
Habeas Corpus
No ex post facto laws
No capitation/direct tax*
No taxes on interstate trade
No titles of nobilitySlide47
Article IV: Interstate Relations
Full Faith and Credit Clause:
“
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”Slide48
Article IV: Interstate Relations
Full Faith and Credit Clause:
“
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”
- Marriage, for exampleSlide49
Article IV: Interstate Relations
Full Faith and Credit Clause:
“
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”
Privileges and Immunities Clause:
“the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states”Slide50
Saenz v. roeSlide51
University of Kentucky Tuition
Resident Non-Resident
Full-Time UG $4,564 $
Medical College $31,907 $
http://www.uky.edu/Registrar/residenc.htm
PrivilegesSlide52
University of Kentucky Tuition
Resident Non-Resident
Full-Time UG $4,564 $9,370
Medical College $31,907 $58,553
http://www.uky.edu/Registrar/residenc.htm
PrivilegesSlide53
Article VI: Supremacy
The national government is above all sub-national governmentsSlide54
Article VII: Ratification
The Federalist Papers
James Madison, Alexander Hamilton, and John Jay
The “Brutus” Essays
Federalists versus Anti-FederalistsSlide55
James Madison
Federalist 10
Factions – citizens united by
“common impulses of passion”
Tyranny of the Majority could result
2 Ways to rid of Factions
Rid of liberty
Check the inducements to sacrifice the weaker party
Republican government is the solutionSlide56
Anti-Federalists
Need
for states to have more power because only at smaller levels can public be accurately represented
Brutus essays (Anti-Federalist)
i
. Fear of presidential power
ii. No Bill of RightsSlide57
Constitutional Ambiguity
“
Its nature, therefore, requires, that only its greatest outlines should be market, its important objects designated, and the minor ingredients which compose those objects, be deduced from the nature of the objects themselves.”
-
Marbury
v. MadisonSlide58
Constitutional Ambiguity
The Constitution lays out the basic framework for the U.S. government in about 4 pages and has been amended only 27 times.
The Alabama Constitution contains over 300,000 words and has been amended more than 700 times.Slide59
Important Principles
Separation of Powers
Checks and BalancesSlide60Slide61
Important Principles
Separation of Powers
Checks and Balances
Federal System
A system of government in which power and authority are divided between a central government and regional sub-unitsSlide62
Important Principles
Separation of Powers
Checks and Balances
Federal System
Representative Republicanism
Limit the influence of the masses
Senators were originally chosen by state legislaturesSlide63
Important Principles
Separation of Powers
Checks and Balances
Federal System
Representative Republicanism
Reciprocity
Full faith and credit
Equal rights to out of state citizensSlide64
Important Principles
Separation of Powers
Checks and Balances
Federal System
Representative Republicanism
Reciprocity
Fixed system open to changeSlide65
Relevance of the Constitution
Does meaning change over time?
Living constitution vs. Original intentSlide66
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