Foundation of American Democracy

• Enlightenment


  A philosophical movement that began in Western Europe with roots in the Scientific Revolution, using reason over tradition to solve social problems
• Thomas Hobbes


  • Believed that people could not govern themselves and that a monarch with absolute power would protect life best
  • Advocated for rule of law
• John Locke


  • Natural rights must be protected
  • Empiricism - people are born with a tabula rasa (blank slate) on equal footing and everything they do is shaped by experience
  • Natural rights (life, liberty, property) are granted by God and government must protect them
  • Right to revolution if natural rights are taken away
• Charles de Montesquieu


  • Separation of power into three branches of government
  • Checks and balances limited power of each branch
• Jean-Jacques Rousseau


  • People are born good but corrupted by society and should act for the greater good rather than out of self-interest
• Voltaire


  • Satirical novelist, reflected dislike of Christian power and nobles
  • Rationality, advocate of freedom of thought, speech, religion, and politics
• Denis Diderot


  • Producer/editor of first encyclopedia, wanted to change the ways people thought by adding his own/others' philosophies to his work
  • Advocate of freedom of expression and universal education access
  • Criticized divine right, traditional values, and religion
• Forms of representative democracy


  • Participatory democracy
  • Pluralist democracy
  • Elite democracy
• Republicanism


  Supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation
• American Republicanism characterized by representative democracy
• Popular sovereignty


  Government power derives from the consent of the governed (ex. elections, protests)
• The Declaration of Independence


  • A formal declaration of war between America and Great Britain
  • Written by Thomas Jefferson
  • List of grievances ("crimes" King George III committed against the colonies)
  • Used to explain why the colonies are declaring independence
  • Used as a template by other nations declaring independence
• Articles of Confederation


  • Created federalism: the way in which federal and state/regional governments interact and share power
  • Ended the Revolutionary War on favorable terms for the United States (Treaty of Paris - 1783)
  • Established the Northwest Ordinance, which created methods through which states would enter the US
• Weaknesses of the Articles of Confederation


  • Trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country
  • Shays' Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts
  • Could not impose taxes (result of taxation without representation); only state governments could levy taxes
  • National government was in debt from the Revolutionary War had no way to pay for expenses
  • Could only acquire money by requesting it from states, borrowing from other governments, or selling lands in the West
  • No national military; could not draft soldiers
  • No national currency
  • No Supreme Court to interpret law
  • No executive branch to enforce laws
  • No control over taxes imposed between states and could not control interstate trade
  • Needed unanimous votes to amend the Articles
  • 9/13 states had to approve legislation before it was passed
  • Could not control states
  • No enforcement mechanisms/requests from within federal government
  • Needed to be revised
• The Constitutional Convention created the Constitution, resulting in a complete rewrite of the Articles of Confederation
• Constitutional Convention


  • Division over powers, structure, and responsibilities of government
  • Generally accepted as pragmatists who tried to protect their and everyone else's property + rights
• Issues with the federal legislature


  • Unicameral (single house) vs bicameral (two house) legislative branch
  • Madison's Virginia Plan: bicameral legislature based on population size, supported by larger states
  • New Jersey Plan: unicameral legislature, one vote per state, similar to Articles of Confederation
• The Great Compromise


  A bicameral legislature with a House of Representatives (population) and Senate (equal representation)
• Three-Fifths Compromise


  Enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives
• Authority to enforce laws


  • Created chief executive (president)
  • Enforcer of the law, could keep the legislative branch in check
  • Presidential approval required before bills become law
  • President can veto acts of legislature
  • Congress can override veto if 2/3 of both houses vote
• Supreme Court


  • Could mediate disputes between legislative and executive branches, between states, and between state + federal government
• Acceptance of the Constitution


  • Federalists: supporters of the Constitution, advocated for a strong central government
  • Anti-Federalists: opponents of the Constitution, preferred smaller state governments (Articles of Confederation)
• The Federalist Papers


  • A collection of articles supporting the Constitution, written by Alexander Hamilton, James Madison, and John Jay
  • Best reflects original intent of the framers
  • Persuaded states of the superiority of a strong central government plus power kept by the states
• Anti-Federalist Dissent


  • Brutus No. 1: Anonymous author (pseudonym Brutus) asked questions about + critiqued the draft of the Constitution
  • Believed that the national government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people
• Federalist No. 10


  Written by James Madison, addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority
• Federalist No. 51


  Written by James Madison, argued that separation of powers would make the government efficient, dividing responsibilities and tasks
• Federalist No. 70


  Written by Alexander Hamilton, argued that the executive branch should only have one member: the president
• Federalist No. 78


  Written by Alexander Hamilton, addressed concerns about the power of the judicial branch and argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review
• The Constitution


  • Vague and only outlines the government structure
  • Written to allow change through amendments
• Branches of government


  • Legislative branch
  • Executive branch
  • Judicial branch
• Executive orders


  Have the same effect as law, bypass Congress in policy-making, not mentioned in the Constitution, used as part of the enforcement duties
• Executive agreements


  Similar to treaties, bypass ratification power of the Senate, not mentioned in the Constitution
• Marbury v. Madison


  Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)
• Necessary and proper clause


  Allows Congress to make any legislation that seems "necessary and proper" to carry through its powers, aka the elastic clause
• Supremacy clause


  Supremacy of Constitution and federal laws over state laws
• Federalism


  A system of government under which the national and local governments share powers
• Confederation


  A system in which decisions are made by an external member-state legislation; decisions on daily issues are taken by special majorities, consensus, or unanimity
• McCulloch v. Maryland


  Court ruled that states could not tax national bank, reinforced supremacy clause of Constitution
• United States v. Lopez


  Challenge to the Gun-Free School Zones Act of 1990, held that commerce clause didn't allow regulation of carrying guns, new phase of federalism - state sovereignty and local control were important
• Delegated (enumerated) powers


  Powers that belong to the national government