Democracy in theUnited States

Patti Richard And

John Booth

Big Questions

What do we mean by “democracy”?

Was the United States intended to be a democracy?

What were the undemocratic features of the Constitution when adopted?

What changes made the U.S more democratic?

What is the situation today?

What is Democracy?

What do you understand democracy to be?

What are democracy’s essential elements?

Democracy

Definition: rule by the people

A system of government in which power is vested in the people, who rule either directly or through freely-elected representatives

Legal equality, political freedom, and rule of law are critical components

Every vote has equal weight

Origin of the Concept of Democracy

First historical record in some Hellenic city states Demos = people; kratos = rule

Athens had the most developed system (4th-5th century BCE)—male citizens had equal political rights, freedom of speech, and opportunity to participate directly in the political arena

Precursor to modern democracy

[Viewed as a bad form of government because demagogues could manipulate the demos for perverse/selfish ends]

Origin of the Concept of Democracy

Later proto democratic European city-states of the Renaissance

Modern theory of democracy emerged in the Enlightenment (17th-18th centuries) with these essential elements: Separation of church and state Separation of governmental powers Religious liberty Basic civil/human rights

Origin of the Concept of Democracy

This theory came as a reaction to the concentration and abuse of power by rulers/ the idea of monarchs’ divine right to rule

Enlightenment theorists Hobbes and Locke proposed the idea of the social contract based on these ideas:

Individuals are free but fearful in the “state of nature”

They thus join together to form communities (states) for protection of their basic rights

The government’s power is based on the people’s consent

The people have a right to replace a government that fails to protect their rights

Origin of the Concept of Democracy

Jefferson incorporated the ideas of the social contract in the Declaration of Independence which

Stated the social contract rationale for rebellion,

Provided a long list of examples of bad governance,

And proclaimed:

Declaration of Independence (1776)

“We hold these truths to be self-evident that all men are created equal, that they are endowed, by their creator, with certain

unalienable rights, that among these are life, liberty and the pursuit of happiness ,

that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed,

that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government.”

Declaration of Independence

Key elements:

Equality Rights to participate Consent of the governed

A Declaration, then a first and second government

This document was a rallying cry to fight against the British, not a governing document

2nd Continental Congress ruled until 1789

It eventually created the first US government, the Articles of Confederation (1781—1789)

This proved inadequate and was replaced by the Constitution (1789- ) and supplemented with the Bill of Rights (1791- )

Did the 1789 Constitution establish a democracy?

In 1789, when the Constitution was written and then ratified, how democratic was it? Somewhat democratic: It had democratic

elements from the social contract – “We the people of the United States…do ordain

and establish this Constitution” -- embodies the social contract idea

The government it established is a “res publica,” a thing of the people, a republic, that is, the people are sovereign (own the right to rule)

The Bill of Rights advanced democracy in the Constitution

Many framers feared the stronger governmental power created, so lobbied successfully for a Bill of Rights that incorporated more democracy

The Bill of Rights specified essential political participation rights that could not be taken away by government or a majority (e.g., freedom of speech, assembly, press, association, and to petition the government)

The Bill also gave citizens protections from the national government and its courts

Devil in the details of the first grand democratic experiment

The Constitution by 1791 incorporated social contract ideas of popular sovereignty, and

protection of basic participation rights essential to “rule by the people”

But the politics of creating the specifics of the government had created barriers to egalitarian democracy

Democratic Elements in the Constitution

Direct elections for members of the House of Representatives in which (some) citizens could vote

State elections in which (some) citizens could vote

Representation in the House of Representatives was distributed equally based on population (but with slaves counting only 3/5ths)

Undemocratic Elements

What about the structure of government distorted the essential element of democracy, that the people rule and that people are equal in their ability to choose leaders?

Undemocratic Elements

Slavery – people who were slaves were considered as chattel, not citizens

Slaves counted as 3/5 of free persons for representation (thus slaves enhanced the amount of representation in the states where they lived but could not participate in choosing their representatives)

States controlled elections and voting requirements, institutionalizing male only suffrage and excluding non-property owners, that is, most people could not vote

Undemocratic Elements

The Senate Senators represented their states, not citizens, and

were chosen by state legislatures, not by direct election

Each state had 2 Senators, regardless of population

The President was chosen by the Electoral College, not by direct election

The Electoral College

Each state’s electoral votes equal its number of Senators and Representatives

Small states are over-weighted and thus citizens’ votes carry different weights depending on the state they are in

The candidate receiving the most votes can lose the electoral vote and thus the presidency (this has happened 4 times!)

The Senate

The Constitution prescribed that Senators would be chosen by state legislators

Not until 1913, with the 17th Amendment, were Senators directly elected

The Senate Today

The smallest 26 states have a population that is 17% of the country’s, but they have 52% of the Senators

The weight of each vote cast for Senator varies substantially by state. Each Wyoming citizen has 66 times the influence of each

Californian, and 45 times the influence of each Texan

The structure of the Senate badly distorts the one person-one vote democratic ideal

What Changes Have Led to Greater Democracy?

The abolition of slavery and the 3/5ths rule

The expansion of citizenship to former slaves

The gradual expansion of suffrage

Direct election of Senators

The Voting Rights Act of 1965 and its successor VRAs

What Changes Have Led to Greater Democracy?

The Civil War Amendments

13th --Abolished slavery and involuntary servitude

14th – “All persons born or naturalized in the United States… are citizens of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, … nor deny to any person within its jurisdiction the equal protection of the laws.”

What Changes Have Led to Greater Democracy?

Through the 14th Amendment Former slaves became citizens

National constitutional rights were extended to the states

States were required to provide equal protection of the laws

The 15th Amendment– “The right of citizens to vote shall not be denied…on account of race, color or previous condition of servitude.”

What Changes Have Led to Greater Democracy?

Expansion of the Right to Vote Removal of property requirements (by state, early 19th

century)

Black male suffrage (15th Amendment 1870) * The 14th Amendment inserted the word “male” into the

Constitution for the first time The apportionment of representatives was to be based

on the number of persons in each state, but, if the right to vote was denied to any male inhabitants, representation would be reduced in proportion to the number of such male citizens.

* “Jim Crow” legislation undermined this right (1870s-1960s)

What Changes Have Led to Greater Democracy?

Expansion of the Right to Vote (continued)

Women’s suffrage (19th Amendment 1920) Abolition of poll taxes in national votes (24th

Amendment 1964) Protection of minority voting and registration

rights (1965 Voting Rights Act and subsequent VRAs)

18-21 year olds suffrage (26th Amendment 1966)

How Did This Affect Voting?

When the Constitution was ratified, only a small minority could vote

Over the next 170+ years, the franchise was expanded and turnout increased, with a reversal due to Jim Crow laws First expansion was to white males without property

Then to black males after Civil War (subsequently curtailed)

Then to women (1920)

Then to blacks and Hispanics (Voting Rights Acts 1965-1975)

Then to 18-21 year olds

Presidential voter turnout 1828-2012

0

10

20

30

40

50

60

70

%

1828

1864

1924

2012

1960

Jim Crow era

Amendments 13, 14, & 15

Amendment 19

Voting Rights Act

To sum up aboutdemocracy in the U.S.

Over time, the social contract ideas of equality and participation rights prevailed

Equality before the law was eventually enshrined in the Constitution and the law – e.g., one person/one vote principle

Citizens’ rights to participate in rule expanded – e.g., voting rights for women, minorities

When did the US become “democratic”?

Given its representative government structure, that would have been when all adult citizens had an effective legal right to vote (with certain exceptions such as convicted felons)

+/-1965

U.S. Democracy 2015:Current Issues of Concern

Voting rules—is there equal access to the ballot?

Campaign finance—does the money that flows into elections undermine the notion of democracy?

Redistricting—are lines drawn in ways that thwart the popular will as expressed through votes?

The Electoral College

Others?

Stand by….

For a future Emeritus College class that will tackle these current issues!

But now we will conclude that …

US democracy is still a work in progress

And as Winston Churchill put it:

“No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.”

Thank you!

Voting Rules

Registration period Same day registration

Automatic registration

Voter identification Photo ID v. non-photo ID

Procedures when voter does not have ID

Early voting/Absentee voting/Mail voting

Voter Identification Laws 2015

Voting Rules

The 1965 Voting Rights Act was passed to ensure state and local governments do not pass laws or policies that deny American citizens the equal right to vote based on race.

In 2013 the Supreme Court, in Shelby v Holder, undid a key provision, that jurisdictions with a history of discrimination seek pre-approval of changes in voting rules that could affect minorities.

Campaign Finance

Legislative history reaches back to the 1907 Tillman Act—prohibited contributions from corporations and national banks to federal campaigns.

1974 Federal Election Campaign Act placed limits on what individuals can give to candidates, parties, etc.

Buckley v Valeo 1976 struck down spending limits as an unconstitutional limitation on free speech but upheld contributions limits because of a compelling state interest to prevent corruption or its appearance

Campaign Finance

Money continued to find its way into political campaigns, through vehicles like 527 committees, 501 (c) 4 groups

With Citizens United v FEC 2010, the money floodgates opened even further Corporations/unions can spend unlimited amounts to elect

or defeat candidates

Corp/union ads can expressly advocate for or against a candidate

Campaign Finance

SpeechNow v FEC (federal appeals court) 2010 ruled that “independent expenditure- only committees” (SuperPACs) can accept unlimited contributions from individuals, corporations, unions, though they must disclose donors and not “coordinate” with a candidate’s campaign http://www.colbertnation.com/the-colbert-report-

videos/405889/january-12-2012/indecision-2012---colbert-super-pac---coordination-resolution-with-jon-stewart

Redistricting

Congressional district lines are redrawn after each decennial census so that each contains an equal number of people

The Supreme Court has ruled that this process may be done in ways that advantage a political party

In 2014, the total number of votes for Democratic House candidates exceeded that for Republican ones, but Republicans won the majority of House seats.