Foundations of American Democracy

Foundations of American Democracy

• Natural rights are rights possessed by natural law apart from a government
• A government cannot take natural rights away
• By nature, the power to govern is in the hands of the people
• A social contract is made in order to protect natural rights
• People willingly give some of that power away to a government
• People elect leaders to represent them and create laws in the public interest
• The best forms is limited government
• Limited government is prevented from tyranny through a system of checks n balances in the distribution of power among several acting members
• The Declaration of Independence is natural rights and popular sovereignty
• The constitution provides a blueprint for republicanism and the separation of powers

Types of Democracy

• Participatory emphasizes broad participation in the political process by most, if not all, members of society
• Pluralist consists of groups of people who associate with interests
• The groups then compete to influence policy
• Elite emphasizes more limited participation in policy
• It is maintained on the assumption that government is complicated and therefore the most educated people need to run it.

Brutus Essays

• Argues that with so many competing factions in a large republic, liberty would be upheld by their completion creating a pluralist democracy
• Presented 2 solutions to the issue of factions:
  • To remove away the causes of factions
  • Manage their effects
• Argued double protection against they tyranny of factions
• Separating powers in the federal government
• Sharing the power between the federal and state governments

State & Local Government

• Includes an executive branch led by the governor who directs state agencies
• Agencies include education, roads/building, policing
• Governors command state national guard, granting pardons and reprieves
• A governor can appoint state judges with the advice/consent of a state legislative body
• Governors may use a line-item veto to reject parts of bills
• Line-item vetos are denied to presidents by the supreme court
• 49/50 states are bicameral which enact state law
• State judiciaries interpret state laws including trial courts and appeals courts

Notables

• Thomas Hobbes in 1650 advocated for rule of law, social contract with the government
• People do some sacrificing in exchange for government protection
• John Locke in 1690 wrote that natural rights must be protected
• His empiricism holds that people are born with a blank slate on equal footing
• Everything people do is shaped by experience
• Charles de Montesquieu wrote the Spirit of Laws in 1748
• Wanted separation of power into 3 branches
• Argued checks n balances limited power of each branch
• Jean Jacques wrote The Social Contract in 1762
• Main thesis is to act for the greater good rather than out of self-interest
• Was satirical and disliked Christian power and nobles
• Advocated for freedom for everything
• Denis Diderot was the producer of the first encyclopedia and wanted to change the ways people thought by adding his own philosophies into his work

Declaration of Independence

• Declared war between America and Great Britain
• Thomas Jefferson lists grievances, claiming George III committed crimes against the colonies
• It was used to explain why the colonies declared themselves independent

Weakness of the AOC

• From 1776 to 1781, it was ratified, named in 1781
• Federalism was created in which federal and state governments ended the Revolutionary War interact to share power for the U.S.
• Treaty of Paris in 1783 established favorable terms for the U.S.
• Northwest ordinance created methods through which states could enter the U.S.
• In 1787 trade between states declined, money value dropped, foreign countries posed threats and social disorder occurred throughout the country
• Shays rebellion, which lasted 6 months long from 1786 to 1787 was a rebellion by 1,000 farmers
• In it, a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts
• Couldn't impose taxes because it resulted from taxation without representation
• Only state governments could levy taxes

Powers

• Powers delegated belong to the federal government like printing money and declaring war
• Reserved Powers belong to states as per the 10th amendment
• Includes any powers that the constitution neither gives to federal government nor denies to states
• Include issuing licenses conducting elections and providing public health
• Concurrent Powers are shared by the federal and state governments
• For example: Building roads, borrowing money, and collecting taxes
• The constitution specifies which powers are derived to national government and states
• The constitution makes federal government guarantee states protection
• The federal government prevents states from dividing and combining without congressional approval

Federal Government Programs

• Paid for by the federal government through grants-in-aid

• Can sometimes control state/local government money and decide how to spend it

• Categorical Grants are aid with rules from federal government about how it is used

• Block Grants let states use money how it wants

• Separation of Powers is assigned different tasks

• Legislative makes laws, Executive enforces laws, and Judicial interprets

• Prevents a person from being in more than 1 branch at a time

• Checks and Balances are designed to prevent any branch of government from becoming dominant

• It requires branches to share their power

• Congress passes legislation, but the president can veto legislation

• The amendment process requires a proposed amendment to be approved by 2/3 of both houses of congress

• A 3/4 vote of state legislatures must approve the amendment

• States are allowed to decide how the votes required is to be carried out

• Congress can mandate that each state use a ratifying convention where delegates elected to vote on the amendment

• Congress ratified the 21st Amendment which ended prohibition

• Another method involves a 2/3 state legislature petitioning congress for a constitutional convention

• National government was in debt and had no way to pay

• Started with the Constitutional Convention meeting of framers in 1787

• Some believed the government was weak under AOC and others believed not

• The Virginia Plan proposed a bicameral legislature based on population size to support by larger states because of better representation

• The New Jersey Plan proposed a unicameral with one vote per state, similar to AOC, as smaller states worried that the government would be dominated by larger states

• The great compromise, or Connecticut compromise was made

• It consisted of a Bicameral legislature with the House of Representatives based on population and the Senate based on equal representation

• 3/5 compromise stated that 3/5 of people would be counted when deciding seats in the House of Representatives

• Federalists support the constitution while anti-federalists oppose the constitution

• Federalists want a strong central government

Papers

• Fed 51 written by James Madison deals separation of powers
• Argues there's no efficient liberty by dividing dash
• States that one branch of government would eventually holds more power
• Fed 70 written by Alexander Hamilton argues the executive should have only 1 member president
• British monarchy the king had power (proposed term limits to limit by house of commons)
• (22nd amendment in 1951) was against limiting President's power
• Fed 78 written by Alexander Hamilton concerns the judicial branch
• Federal Judiciary could overpower state judiciaries and judges have lifetime appointments, which could all result in corruption

Constitution

• Articles 1-111 set up 3 branches
• Legislative equals power to issue executive orders, executive agreements between country leaders etc. similar to treaties
• Judicial branch equals Marbury versus Madison
• The supreme court increased its own power by giving itself the power to overturn laws passed
• Article 1, Section 8, and Necessary and Proper Clause allows Congress make any legislation that seems necessary and Proper Clause allows the president "to carry through its power"
• The Supremacy Clause creates "supremacy of Constitution and Federal Laws over state laws
• Federalism shares powers

Supreme Court Cases

• McCulloch versus Maryland in 1819 court rules that states could not tax national banks which reinforces supremacy clause
• Issues between the state and federal government laws should decide in favor of federal government laws
• Necessary and Proper Clause means banks are necessary implement federal powers
• United States versus Lopez challenged the Gun-Free School Act
• Held Commerce Clause didn't allow regulation of carrying guns, new phase of state sovereignty local control was most important