Constitutional Democracy

Chapter 1

Democracy Defined

Government by the people, either directly or indirectly, with free and frequent elections.

Core Questions

1. What conditions are conducive to democracy?2. How do we define constitutional democracy?3. What are the origins of constitutional democracy

in America?4. Who were the Framers and what was the origin

of their political thought?5. What were the main arguments for and against

ratification used by the Federalists & the Antifederalists?

Chapter Outline

A. Defining Democracy

B. Conditions necessary for democracy

C. Roots of American Democracy

D. The Constitutional Convention of 1787

E. Adoption

Shay’s Rebellion

Shay’s Rebellion pointed out the weakness of the central government under the Articles of Confederation.

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

The Constitutional Convention

Ratification of the Constitution at Independence Hall in Philadelphia was a product of many compromises. Other issues such slavery were left unresolved.

The Slavery Issue

The States Ratify

Direct Democracy

Government in which citizens come together to discuss and pass laws and select rulers.

Representative Democracy

Government that derives its powers indirectly from the people, who elect those who will govern; also called a republic.

Constitutional Democracy

A government in which those who exercise governmental powers do so as a result of winning free and relatively frequent elections and are subject to recognized, enforced limits on power of all government officials. It is the elections that make the government democratic; it is the recognized and enforced limits on power that make it constitutional.

Constitutionalism

The set of arrangements such as checks and balances, federalism, separation of powers, rule of law, due process, and the Bill of Rights that requires our leaders to listen, think, bargain, and explain before they make laws. We then hold them politically and legally accountable for how they exercise their powers.

Statism

The idea that the rights of the state (meaning nation) are supreme over the rights of the individual.

Popular Consent

The idea that a just government must derive its powers from the consent of the people its governs.

Majority

A candidate or party wins more than half the votes cast to win an election.

Plurality

A candidate or party wins the most votes cast, not necessarily more than half.

Social Capital

Participation in associations that reinforce democratic habits of discussion, compromise, and respect for differences.

Ideology

One’s basic beliefs about power, political values, and the role of government-beliefs that arise out of education, economic, and social conditions and experiences.

Articles of Confederation

The first constitution of the American states, drafted in 1777, ratified in 1781, and replaces by the present Constitution in 1789.

Annapolis Convention

A convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.

Constitutional Convention

The convention in Philadelphia, May 25 to September 17, 1787, that framed the Constitution of the United States.

Shay’s Rebellion

Rebellion by farmers in western Massachusetts, in 1886-87, protesting mortgage foreclosures; led by Daniel Shays and important because it highlighted the need for a strong national government just as the call for a Constitutional Convention went out.

Bicameralism

The principle of a two-house legislature.

Virginia Plan

Proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature, the lower house to be elected by the voters and the upper chosen by the lower.

New Jersey Plan

Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.

Connecticut Compromise aka The Great Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population, and upper house in which each state would have two senators.

Three-fifths Compromise

Compromise agreement between northern and southern states at the Constitutional Convention in which the slave population would be counted at three-fifths for determining direct taxation and representation in the House of Representatives.

Federalists

Supporters of ratification of the Constitution whose position promoting a strong central government was later voiced in the Federalist party.

Anti-federalists

Opponents of ratification of the Constitution and of a strong central government generally.

The Federalist

Series of essays promoting ratification of the Constitution, written by Alexander Hamilton, John Jay, and James Madison in 1887 and 1788.

Weaknesses of the Articles of Confederation

1. Congress had no direct authority over citizens but had to work through the states; it could not pass laws or levy taxes in order to carry out its responsibilities to defend the nation and promote is well-being.2. Congress could not regulate trade between the states or with other nations. States taxed each others goods and even negotiated their own trade agreements with other nations.3. Congress had to handle administrative duties because there was no executive branch.4.Congress could not forbid the states from issuing their own currency, further complication interstate trade and travel.5. The lack of a judicial system meant that the national government had to rely on state courts to enforce national laws and settle disputes between states. In practice, state courts could overturn national laws.

The Virginia & New Jersey Plans

Virginia PlanLegitimacy derived from

citizens, based on popular representation

Bicameral LegislatureExecutive size undetermined,

elected and removable by Congress

Judicial life-tenure, able to veto state legislation

Legislature can override state laws

Ratification by citizens

New Jersey PlanDerived from states, based on

equal votes for each stateUnicameral legislatureMore than one person,

removable by state majorityNo power over the statesGovernment can compel

obedience to national lawsRatification by states

Ratification of the US Constitution

StateDelawarePennsylvaniaNew JerseyGeorgiaConnecticutMassachusettsMarylandSouth CarolinaNew HampshireVirginiaNew YorkNorth CarolinaRhode Island

DateDecember 7, 1787December 12, 1787December 18, 1787January 2, 1788January 9, 1788February 6, 1788April 28, 1788May 23, 1788June 21, 1788June 25, 1788July 26, 1788November 21, 1798May 29, 1790

Creating the Republic

April 1775: American Revolution begins at Lexington and Concord

June 1775: George Washington assumes command of Continental forces

November 1777: Articles of Confederation adopted by the Continental Congress

March 1781: Articles of Confederation ratified by all the states

October 1781: British defeated at YorktownApril 1783: Congress ratifies peace treaty with BritainAugust 1786: to February 1887: Shay’s Rebellion in

western Massachusetts

May 1787: Constitutional Convention opens in Philadelphia

September 1787: Constitution of the United States adopted by Constitutional Convention

June 1788: Constitution ratified by nine statesJanuary and February 1789: First national electionsMarch 1789: United States Congress meets for the first

time in New YorkApril 1789: George Washington inaugurated as first

presidentSeptember 1789: John Jay becomes first chief justice of

the United StatesSeptember 1789: Congress proposes Bill of RightsDecember 1791: Bill of Rights (first ten amendments)

ratified as part of the U.S. Constitution