A Story of Two Rebellions

January 24, 2012Democracy 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 vote3What is DemocracyDictionary.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 system4Who can Vote?Lebanon Compulsory for men; optional for women (must have elementary education)

Bhutan one vote per house

Leichtenstein womens 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 can5What is Democracy?

Voting is only one of many characteristics of a democracy

6What is Democracy?Certain basic principles are necessary in any definition of democracy.Free and fair electionsMajority ruleFreedom of expressionFreedom of assembly and the right to protestMuch more emphasis on liberal norms, pluralismBroad participation, equality, human rights7Types of DemocracyDirect DemocracyAka Participatory Democracy

Representative DemocracyRepublican Democracy

8Direct Democracy

9Direct DemocracyStill present in US town hall meetings and in some small European nations to some extent.

Images form wikipedia.org10Direct DemocracyIs this feasible on a large scale?

Image form wikipedia.org11Direct DemocracyProblemsTyranny of the Majority

Complexity of Issues

Is it worth it?V = PB C12Representative DemocracyDelegate representationCitizens choose individuals to represent their interestsThis is done through electionsCitizens choose politicians who share their personal beliefs, values, opinions, etc.Representatives will also act as a check against majority tyranny

13Representative DemocracyRequired assumptions for representative democracy to work:Voters are aware.

14Representative DemocracyRequired assumptions for representative democracy to work:Voters are aware.Voters are rational.

15Representative DemocracyRequired assumptions for representative democracy to work:Voters are aware.Voters are rational.Voters are tolerant.

16Representative DemocracyRequired assumptions for representative democracy to work:Voters are aware.Voters are rational.Voters are tolerant.Voters are informed.

17Elitist Democracy

18Elitist DemocracyTrustee RepresentationVoters 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.19Representative v. ElitistIs 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.20Elitist???Other arguments for elitism:Americans are POORLY informed

Opinions are consistently inconsistent

Few participate in government

Few want to participate

21Attitudes on Spending, Taxes

22Forming the republicEarly Governance in America Mayflower CompactLegalized the Pilgrims position as a body politic

Colonial AssembliesEvery colony in the New World had an assembly

24Colonists 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 begins25The American RevolutionIdeological MotivationsCreation of government with voice for allNo taxation without representationDebates over nature of self-governance26The 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 impossible27Declaration of Independence?Not really independent yetmore like

States join a confederation, maintain independence

Adopted March 1, 1781Articles of confederation

Weaknesses of the ArticlesNo power to regulate interstate commerceNo executiveNo federal courtsNo tax powerNo ability to draft citizens for military serviceNo power over foreign policy

fallout

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Introducing Captain DanExtensive war experienceNo wartime compensationDebtors CourtFarm seized

BackgroundGathered a militiaHarassed public officialsTook over courthousesOccupied land illegallyHeld conventions nullifying lawsAnd seized weapons so the rebels could defend themselves!Captain Dans responseJohn HancockSam Adams

Leads to Constitutional ConventionWhat changed? They were scared!ResponsesProblems with theArticles of ConfederationNo executive branchCongress often lacked quorumFinancial weakness: No source of cashInternational weakness: No foreign policyMilitary weakness: No real army, navyInterstate disputes over taxes, bordersConstitutional Convention

37Conflict and compromiseThe Virginia Plan

Principle author: James Madison

National government would be supreme over the states

Favored by populous statesThe New Jersey Plan

Principle author: William Patterson of New Jersey

Confederation model

Favored by smaller statesOther problems38Conflict and compromiseThe ConflictState-based approach versus an individual-based approachThe CompromiseHouse of Representatives: proportional; Senate: equal number of representatives from each stateThe Conflict Northerners were increasingly abolitionist; Southerners were notThe CompromiseThe Constitution was to protect the Atlantic Slave Trade for at least twenty years39Conflict and compromise

The Conflict If representation is proportional in the House of Representatives, how should slaves be counted?The CompromiseThree-Fifths of the slaves in each state would be counted40The U.S. Constitution

41The U.S. ConstitutionThe Legislative BranchThe Executive BranchThe Judicial BranchGuidelines for Relations between StatesThe Amendment ProcessFederal-State Relations; Oath for OfficersHow the Constitution Can be Ratified42Commerce Clause (Art. 1)The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes43Commerce 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 Purchase44Commerce clause

Denied PowersNo abolition until 1808Habeas CorpusNo ex post facto lawsNo capitation/direct tax*No taxes on interstate tradeNo titles of nobility46Article IV: Interstate RelationsFull 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

47Article IV: Interstate RelationsFull 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

48Article IV: Interstate RelationsFull 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

49Saenz v. roeUniversity of Kentucky TuitionResidentNon-ResidentFull-Time UG$4,564$Medical College$31,907$

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PrivilegesUniversity of Kentucky TuitionResidentNon-ResidentFull-Time UG$4,564$9,370Medical College$31,907$58,553

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PrivilegesArticle VI: SupremacyThe national government is above all sub-national governments

53Article VII: RatificationThe Federalist PapersJames Madison, Alexander Hamilton, and John Jay

The Brutus Essays

Federalists versus Anti-Federalists

54James MadisonFederalist 10Factions citizens united by common impulses of passionTyranny of the Majority could result

2 Ways to rid of FactionsRid of libertyCheck the inducements to sacrifice the weaker party

Republican government is the solution

55Anti-FederalistsNeed for states to have more power because only at smaller levels can public be accurately represented

Brutus essays (Anti-Federalist)i. Fear of presidential powerii. No Bill of Rights

56Constitutional AmbiguityIts 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. Madison57Constitutional AmbiguityThe 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.58Important PrinciplesSeparation of PowersChecks and Balances

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60Important PrinciplesSeparation of PowersChecks and BalancesFederal SystemA system of government in which power and authority are divided between a central government and regional sub-units

61Important PrinciplesSeparation of PowersChecks and BalancesFederal SystemRepresentative RepublicanismLimit the influence of the massesSenators were originally chosen by state legislatures

62Important PrinciplesSeparation of PowersChecks and BalancesFederal SystemRepresentative RepublicanismReciprocityFull faith and creditEqual rights to out of state citizens

63Important PrinciplesSeparation of PowersChecks and BalancesFederal SystemRepresentative RepublicanismReciprocityFixed system open to change64Relevance of the ConstitutionDoes meaning change over time?Living constitution vs. Original intent65http://technipol.tumblr.com/post/2874977984/family-guy-the-right-to-bear-arms