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January 24, 2012 January 24, 2012

January 24, 2012 - PowerPoint Presentation

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January 24, 2012 - PPT Presentation

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

representative democracy power government democracy representative government power voters state full constitution states credit clause faith citizens direct public

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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 BalancesSlide60
Slide61

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

http://technipol.tumblr.com/post/2874977984/family-guy-the-right-to-bear-arms