Democracy and the Constitution

1. Democracy and the Constitution • January 24, 2012

2. Democracy in the world

3. 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”

4. 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”

5. 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 can

6. Voting is only one of many characteristics of a democracy What is Democracy?

7. 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 rights

8. Types of Democracy • Direct Democracy • Aka Participatory Democracy • Representative Democracy • Republican Democracy

9. Direct Democracy δημοκρατία

10. Direct Democracy • Still present in US town hall meetings and in some small European nations to some extent. Images form wikipedia.org

11. Direct Democracy Is this feasible on a large scale? Image form wikipedia.org

12. Direct Democracy • Problems • Tyranny of the Majority • Complexity of Issues • Is it worth it? • V = PB – C

13. 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 tyranny

14. Representative Democracy • Required assumptions for representative democracy to work: • Voters are aware.

15. Representative Democracy • Required assumptions for representative democracy to work: • Voters are aware. • Voters are rational.

16. Representative Democracy • Required assumptions for representative democracy to work: • Voters are aware. • Voters are rational. • Voters are tolerant.

17. Representative Democracy • Required assumptions for representative democracy to work: • Voters are aware. • Voters are rational. • Voters are tolerant. • Voters are informed.

18. Elitist Democracy

19. 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.

20. 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.

21. Elitist??? Other arguments for elitism: • Americans are POORLY informed • Opinions are consistently inconsistent • Few participate in government • Few want to participate

22. Attitudes on Spending, Taxes

23. Forming the republic

24. Early Governance in America • Mayflower Compact • Legalized the Pilgrims’ position as a body politic • Colonial Assemblies • Every colony in the New World had an assembly

25. Trouble begins • 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

26. The American Revolution Ideological Motivations • Creation of government with voice for all • “No taxation without representation” • Debates over nature of self-governance

27. 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 impossible

28. Declaration of Independence? • Not really independent yet…more like…

29. Articles of confederation • States join a “confederation,” maintain independence • Adopted March 1, 1781

30. 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 policy

31. fallout

32. Introducing Captain Dan

33. Background • Extensive war experience • No wartime compensation • Debtor’s Court • Farm seized

34. Captain Dan’s response • 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!

35. Responses • John Hancock • Sam Adams • Leads to Constitutional Convention • …What changed? They were scared!

36. 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, borders Problems with theArticles of Confederation

37. Constitutional Convention

38. 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…

39. 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 years

40. 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 counted

41. The U.S. Constitution

42. 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 Ratified

43. 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

44. 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 Purchase

45. Commerce clause

46. 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 nobility

47. 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”

48. 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 example

49. 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”

50. Saenz v. roe