Foundation of American Democracy

1. Foundation of American Democracy Credit to John Burkowski Edited By J. Gelber Unit 1A Historical Basis and Conceptual Development of the United States Constitution and the Federal Government

2. Classical Origins Ancient Greece Athenian Democracy The Assembly Citizenship Ancient Rome Republic in Rome The Senate The Consuls

3. English Heritage Magna Carta (1215) Nobles vs. King John Limited monarchy to guarantee nobles rights and protections Parliament House of Lords House of Commons English Bill of Rights (1689) Free parliamentary elections, speedy trials, prohibit cruel and unusual punishment, petition the monarch, no taxation without consent of Parliament

4. The Philosophes • Baron de Montesquieu • Spirit of the Laws • Checks and balances • Separation of powers • Voltaire • Advocated individual freedoms; criticized traditional institutions • Rousseau • On the Social Contract • “Popular sovereignty” = people as ultimate ruling authority with govt officials to execute laws

5. The Enlightenment16th-18th Centuries • Age of Reason • Inspired by the Scientific Revolution • Break from tradition, heredity, fundamentalism • Natural Laws applied to society –“Natural Rights” (John Locke) • Each individual born with natural rights such as life, liberty, property • Could never be denied like the laws of nature • Social Contract • Individuals/citizens consent to be governed in order to get basic protection from government • Based on mutual consent • Govt must respect natural rights

6. The Enlightenment from England Thomas Hobbes Leviathan Society inherently evil and thus requires a strong central government ex. absolute monarch John Locke Second Treatise on Civil Government State of nature - life, liberty, property Consent of the governed Right to revolution

7. Colonial America: Baby Steps towards Republicanism House of Burgesses (1619) Representative form of government in Virginia Mayflower Compact (1620) Social contract for common good/survival Fundamental Orders of Connecticut (1639) First written constitution Outlined individual rights

8. Colonial Resistance • Navigation Acts • Proclamation of 1763, Sugar Act (1764), Stamp Act (1765) • Ideological Arguments • Taxation without representation • Virtual representation • First Continental Congress • Declaration of Rights and Grievances • Petition to the King • Second Continental Congress • Olive Branch Petition • Declaration of Independence (1776) • Articles of Confederation (1777, 1781)

9. Declaration of Independence Primarily written by Thomas Jefferson Based largely on Locke’s ideas Political theory, list of grievances, colonial unity for independence Based on Enlightenment ideology of “republicanism” : natural rights cannot be taken away by govt unless people consent

10. New State Constitutions Most State Constitutions Massachusetts Preamble Declaration of Rights Frame of Government Three Branches Separation of Powers Articles of Amendment • Natural Rights and Higher Law • Social Contract • Popular Sovereignty • Representation • Separation of Powers • Checks and Balances • Legislative Supremacy

11. Articles of Confederation • Unicameral national legislature • NO executive or judicial branches • Equal representation of each state with one vote • 9 of 13 states required to pass legislation • Unanimous votes to amend the Articles

12. Articles of ConfederationPowers and Limits COULD Borrow money Create army and navy Declare war Establish post offices Form treaties COULD NOT Tax states, citizens, goods, income Institute a draft Regulate commerce Regulate national currency

13. Articles of ConfederationThe Good and The Bad Accomplishments Treaty of Paris Land Ordinance of 1785 Northwest Ordinance of 1787 Failures Economic conflicts between states Depressions Foreign trade Shays’s Rebellion (1786-1787) Western Massachusetts farmers

14. Constitutional Convention • Shays’s Rebellion and the Articles of Confederation • Annapolis Convention • 55 delegates from all states • no Rhode Island • Well-educated men of means • Designed to modify or rectify the Articles of Confederation

15. Virginia PlanNew Jersey Plan“Big State”“Small State” • Bicameral Legislature • Lower house elected by people • Upper house chosen by lower house nominated by state legislatures • Proportional representation in each house • Single one-term executive chosen by Congress • Congress chose judges • Unicameral Legislature • State legislatures chose representatives • Equal representation • Congress chose executives • Executives appointed judges

16. The Great Compromise akaThe Connecticut Compromise Bicameral Legislature Lower House - House of Representatives Proportional representation based on state’s population Popularly elected Upper House - Senate Equal representation with two senators per state Elected by state legislatures (changed to popular vote by 17th Amendment)

17. North and South Compromises • Three-Fifths Compromise (Article I, Section 2, Clause 3) • Slaves counted as 3/5ths a person • “Representatives and direct taxes shall be apportioned among the several States…which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, THREE FIFTHS OF ALL OTHER PERSONS” • Slave Trade Compromise (Article I, Section 9, Clause 1) • International slave trade/importation of slaved would be banned after 20 years in 1808

18. Electoral College Compromise • How to elect a president? • Direct popular vote? • Selected by Congress? State legislatures? • Electoral College • Indirect election of president and vice-president • Each state elected Electors • Number of electors based on representation • # of House + # of Senators • Winner-take all • Exceptions: Maine and Nebraska • Faithless electors

19. Purpose of the United States Constitution Created: September 17, 1787

20. Article I, Article II, Article III

21. Article I - Congress • Structure and Election • House of Representatives • Senate • Qualifications • House • Senate • Presentment Clause • Powers • Limits • Habeas Corpus • No bills of attainder • No ex post facto laws • No export taxes • No title of nobility

22. Article II – Executive Branch • President and Vice-President • Qualifications and Terms • At least 35 years old • Natural-born citizen • 14-year residency • Four-year terms • Electoral College • Advice and Consent Clause* • Impeachment • Powers • Commander-in-Chief • Request opinions of executive department heads • Grant pardons and reprieves • Make treaties* • Appointments* • Executive and foreign officers • Judicial • Responsibilities • State of the Union address • Recommendations • Call special sessions of Congress • Receive foreign representatives • “…take Care that the Laws be faithfully executed…”

23. Article III – National Judiciary • Structure • U.S. Supreme Court • Inferior federal courts • Established by Congress • Life terms and Good Behavior • Appointed by President • Jurisdiction • Original • Appellate

24. The StatesArticle IV 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.”- Section 1 Privileges and Immunities Clause “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” - Section 2

25. Amendment ProcessArticle V

26. Article VI Supremacy Clause “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, and Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” No Religious Test Clause “…; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

27. A Stronger National Government Articles Problems Constitution Solution Lay and collect taxes Interstate and foreign commerce clause No export taxes President Electoral College 4 year terms U.S. Supreme Court Article V – Amendments 2/3 of both houses of Congress ¾ of state legislatures Presentment Clause Simple majority by both houses President’s signature • No power to tax • No power to regulate interstate and foreign commerce • No executive branch • No judicial branch • Amendments need unanimous consent • Supermajority to pass laws

28. RatificationArticle VII Ratification of the Constitution required 9 of 13 states To be legitimate, needed Virginia and New York Constitution will be ratified on June 21, 1788 Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, Rhode Island

29. Anti-Federalist and Federalist Arguments Anti-Federalist Federalist Constitution and Nature of Republican Government A large republic necessary to secure the public good and private rights from tyranny of the majority House of Representatives House would grow over time but House must maintain such growth Two-terms allowed for more understanding of complexity of government Senate Equality of states was essential to passage of the Constitution To pass legislation, both the Senate and the House must agree Presidency Limited power and subject to the will of the people (election) and Congress (impeachment) Necessary to enforce federal laws National Judiciary Act as an intermediary between the people and Congress; protected the people Bill of Rights Unnecessary and potentially dangerous • Constitution and Nature of Republican Government • Constitution would destroy the states • Preferred a confederacy of small republics closer to the people • Delegate power to a central authority to preserve the union • House of Representatives • Disagreement between small-state and large-state Anti-Federalists • Too small a body to represent all diverse interests • Preferred one-year terms • Senate • Denounced aristocratic nature • Advice and consent violated separation of powers • Presidency • Could easily become a king and subject to special interest • Too much influence on legislation and treaties • National Judiciary • Possessed too broad a power, especially over state courts and jurisdictions • Bill of Rights • States offered no protections against the potential abuses of rights of the federal government

30. Federalist Papers • Alexander Hamilton, James Madison, John Jay • Federalist #10 • factions • Federalist #51 • Checks and balances • Federalist #78 • National judiciary [THE ONES ON AP Govt TEST]

31. Anti-Federalist Papers: Opposition to Constitution 16 articles published (pen name “Brutus”) Opposed to centralizing power over 13 states in one huge republic Feared govt indecision Also decried potential for elitism and self-interested tendencies by govt officials Another KING??!!

32. 3 MODELS OF REPRESENTATIVE DEMOCRACIES: (1) Participatory democracy: citizens directly involved in decision-making (2) Pluralist democracy: vigorous debates among numerous interest group factions; often results in consensus (3) Elite democracy: elected representatives make decisions and act as trustees for those they represent