Constitutional Democracy

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Constitutional Democracy
Chapter 1
Democracy Defined
Government by the people,
either directly or indirectly,
with free and frequent
elections.
Core Questions
1.
2.
3.
4.
5.
What conditions are conducive to democracy?
How do we define constitutional democracy?
What are the origins of constitutional democracy
in America?
Who were the Framers and what was the origin
of their political thought?
What were the main arguments for and against
ratification used by the Federalists & the
Antifederalists?
Chapter Outline
A. Defining Democracy
B. Conditions necessary for democracy
C. Roots of American Democracy
D. The Constitutional Convention of 1787
E. Adoption
Shay’s Rebellion
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Shay’s Rebellion
pointed out the
weakness of the
central government
under the Articles of
Confederation.
The Constitutional Convention
Ratification of the
Constitution at
Independence Hall in
Philadelphia was a
product of many
compromises. Other
issues such slavery
were left unresolved.
The Slavery Issue
The States Ratify
Direct Democracy
Government in which citizens come
together to discuss and pass laws
and select rulers.
Representative Democracy
Government that derives its powers
indirectly from the people, who
elect those who will govern; also
called a republic.
Constitutional Democracy
A government in which those who exercise
governmental powers do so as a result of
winning free and relatively frequent
elections and are subject to recognized,
enforced limits on power of all government
officials. It is the elections that make the
government democratic; it is the recognized
and enforced limits on power that make it
constitutional.
Constitutionalism
The set of arrangements such as checks and
balances, federalism, separation of powers,
rule of law, due process, and the Bill of
Rights that requires our leaders to listen,
think, bargain, and explain before they
make laws. We then hold them politically
and legally accountable for how they
exercise their powers.
Statism
The idea that the rights of the state
(meaning nation) are supreme over
the rights of the individual.
Popular Consent
The idea that a just government
must derive its powers from the
consent of the people its governs.
Majority
A candidate or party wins more
than half the votes cast to win an
election.
Plurality
A candidate or party wins the most
votes cast, not necessarily more
than half.
Social Capital
Participation in associations that
reinforce democratic habits of
discussion, compromise, and
respect for differences.
Ideology
One’s basic beliefs about power,
political values, and the role of
government-beliefs that arise out
of education, economic, and social
conditions and experiences.
Articles of Confederation
The first constitution of the
American states, drafted in 1777,
ratified in 1781, and replaces by
the present Constitution in 1789.
Annapolis Convention
A convention held in September 1786 to
consider problems of trade and navigation,
attended by five states and important
because it issued the call to Congress and
the states for what became the
Constitutional Convention.
Constitutional Convention
The convention in Philadelphia,
May 25 to September 17, 1787,
that framed the Constitution of the
United States.
Shay’s Rebellion
Rebellion by farmers in western
Massachusetts, in 1886-87, protesting
mortgage foreclosures; led by Daniel Shays
and important because it highlighted the
need for a strong national government just
as the call for a Constitutional Convention
went out.
Bicameralism
The principle of a two-house
legislature.
Virginia Plan
Proposal at the Constitutional
Convention made by the Virginia
delegation for a strong central
government with a bicameral
legislature, the lower house to be
elected by the voters and the upper
chosen by the lower.
New Jersey Plan
Proposal at the Constitutional
Convention made by William
Paterson of New Jersey for a
central government with a singlehouse legislature in which each
state would be represented equally.
Connecticut Compromise aka
The Great Compromise
Compromise agreement by states at the
Constitutional Convention for a bicameral
legislature with a lower house in which
representation would be based on
population, and upper house in which each
state would have two senators.
Three-fifths Compromise
Compromise agreement between northern
and southern states at the Constitutional
Convention in which the slave population
would be counted at three-fifths for
determining direct taxation and
representation in the House of
Representatives.
Federalists
Supporters of ratification of the
Constitution whose position
promoting a strong central
government was later voiced in the
Federalist party.
Anti-federalists
Opponents of ratification of the
Constitution and of a strong central
government generally.
The Federalist
Series of essays promoting ratification
of the Constitution, written by
Alexander Hamilton, John Jay, and
James Madison in 1887 and 1788.
Weaknesses of the Articles of
Confederation
1. Congress had no direct authority over citizens but had to work
through the states; it could not pass laws or levy taxes in order
to carry out its responsibilities to defend the nation and promote
is well-being.
2. Congress could not regulate trade between the states or with
other nations. States taxed each others goods and even
negotiated their own trade agreements with other nations.
3. Congress had to handle administrative duties because there
was no executive branch.
4.Congress could not forbid the states from issuing their own
currency, further complication interstate trade and travel.
5. The lack of a judicial system meant that the national
government had to rely on state courts to enforce national laws
and settle disputes between states. In practice, state courts
could overturn national laws.
The Virginia & New Jersey Plans
Virginia Plan
Legitimacy derived from
citizens, based on popular
representation
Bicameral Legislature
Executive size undetermined,
elected and removable by
Congress
Judicial life-tenure, able to veto
state legislation
Legislature can override state
laws
Ratification by citizens
New Jersey Plan
Derived from states, based on
equal votes for each state
Unicameral legislature
More than one person,
removable by state majority
No power over the states
Government can compel
obedience to national laws
Ratification by states
Ratification of the US
Constitution
State
Delaware
Pennsylvania
New Jersey
Georgia
Connecticut
Massachusetts
Maryland
South Carolina
New Hampshire
Virginia
New York
North Carolina
Rhode Island
Date
December 7, 1787
December 12, 1787
December 18, 1787
January 2, 1788
January 9, 1788
February 6, 1788
April 28, 1788
May 23, 1788
June 21, 1788
June 25, 1788
July 26, 1788
November 21, 1798
May 29, 1790
Creating the Republic
April 1775: American Revolution begins at Lexington
and Concord
June 1775: George Washington assumes command of
Continental forces
November 1777: Articles of Confederation adopted by
the Continental Congress
March 1781: Articles of Confederation ratified by all the
states
October 1781: British defeated at Yorktown
April 1783: Congress ratifies peace treaty with Britain
August 1786: to February 1887: Shay’s Rebellion in
western Massachusetts
May 1787: Constitutional Convention opens in
Philadelphia
September 1787: Constitution of the United States
adopted by Constitutional Convention
June 1788: Constitution ratified by nine states
January and February 1789: First national elections
March 1789: United States Congress meets for the first
time in New York
April 1789: George Washington inaugurated as first
president
September 1789: John Jay becomes first chief justice of
the United States
September 1789: Congress proposes Bill of Rights
December 1791: Bill of Rights (first ten amendments)
ratified as part of the U.S. Constitution
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