Magleby & LightMagleby & Light

Government by the PeopleGovernment by the People

Mr. D. Smith Mr. D. Smith

Room 210Room 210

Chapter 1

Constitutional DemocracyConstitutional Democracy

The peaceful transfer of political power The peaceful transfer of political power through electionsthrough elections

A student from Chicago casts an early vote in the 2008 Illinois presidential primary.

Constitutional Democracy 1

American Government and Politicians American Government and Politicians in Contextin Context

Government by the people Government by the people requires faith in our requires faith in our common human enterprisecommon human enterprise

Constitutional democracy Constitutional democracy requires constant attention requires constant attention to protecting the rights and to protecting the rights and opinions of othersopinions of others

Constitutional democracy Constitutional democracy means government by means government by representative politiciansrepresentative politicians Thomas Jefferson, one of our

best-known champions of constitutional democracy

Defining DemocracyDefining Democracy

Democracy

Government by the People

Demos

(The People)

Kratos

(authority)

The Athenians are here, Sire, with an offer to back us with ships, money,

arms, and men—and, of course, their usual lectures about democracy.

Defining DemocracyDefining Democracy

DemocracyDemocracy

Government by the people, Government by the people, either directly or indirectly, either directly or indirectly,

with free and frequent with free and frequent electionselections

Direct DemocracyDirect Democracy

Government in which citizens Government in which citizens vote on laws and select vote on laws and select officials more directlyofficials more directly

Representative Democracy

Government that derives its powers indirectly from the

people, who elect those who will govern

Constitutional DemocracyGovernment that enforces

recognized limits on those who govern and allows the voice of the people to be heard through free,

fair, and relatively frequent elections

Conditions Conducive to Constitutional Conditions Conducive to Constitutional DemocracyDemocracy

Educational ConditionsEducational Conditions

Democracy puts a Democracy puts a premium on premium on educationeducation

Economic ConditionsEconomic Conditions

Extremes of poverty Extremes of poverty and wealth and wealth

undermine the undermine the possibilities for a possibilities for a

healthy healthy constitutional constitutional democracydemocracy

Conditions Conducive to Constitutional Conditions Conducive to Constitutional DemocracyDemocracy

Social ConditionsSocial Conditions

Overlapping Overlapping associations and associations and

groupings, so that groupings, so that allegiance to one allegiance to one

group is not group is not overpoweringoverpowering

Ideological conditionsIdeological conditions

Acceptance of the Acceptance of the ideals of democracy ideals of democracy

and a willingness from and a willingness from the majority to proceed the majority to proceed

democraticallydemocratically

Democracy as a System of Interacting Democracy as a System of Interacting ValuesValues

Equality of Opportunity

Popular Consent

Personal Liberty

Respect for the Individual

These basic values of democracy do not always coexist happily.

Democracy as a System of Interrelated Democracy as a System of Interrelated Political ProcessesPolitical Processes

Free and fair Free and fair electionselections

Majority ruleMajority rule

Freedom of Freedom of expressionexpression

The right to assemble The right to assemble and protestand protest

A student from Chicago casts an early vote in the 2008

Illinois presidential primary.

Democracy as a System of Interdependent Democracy as a System of Interdependent Political StructuresPolitical Structures

The five distinctive elements of the U.S. The five distinctive elements of the U.S. constitutional systemconstitutional system

FederalismFederalismSeparation of PowersSeparation of Powers

BicameralismBicameralismChecks and BalancesChecks and Balances

Bill of RightsBill of Rights

The Colonial Beginnings The Colonial Beginnings

Mayflower CompactMayflower Compact Legalized the Pilgrim’s Legalized the Pilgrim’s

position as a body politicposition as a body politic

Colonial assembliesColonial assemblies Every colony in the New Every colony in the New

World had an assemblyWorld had an assembly

The Rise of Revolutionary FervorThe Rise of Revolutionary Fervor

The Declaration of IndependenceThe Declaration of Independence

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

unalienable Rights, that among these are Life, Liberty and the unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes of the governed, That whenever any Form of Government becomes

destructive of these ends, it is the Right of the People to alter destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such foundation on such principles and organizing its powers in such

form, as to them shall seem most likely to effect their Safety and form, as to them shall seem most likely to effect their Safety and Happiness.Happiness.

Toward Unity and OrderToward Unity and Order

Goal: To bring the thirteen Goal: To bring the thirteen states together while states together while allowing each state to allowing each state to remain independentremain independent

Adopted on March 1, 1781Adopted on March 1, 1781

The Articles of Confederation

Under the Articles, each state issued its own

currency

Shays’s RebellionShays’s Rebellion

Shays’s RebellionShays’s Rebellion Economic depression Economic depression

of mid-1780sof mid-1780s

Daniel ShaysDaniel Shays Rallied farmers (in Rallied farmers (in

western western Massachusetts) to Massachusetts) to demand change from demand change from government after a government after a series of mortgage series of mortgage foreclosuresforeclosures

Government is the procedures and institutions by which a people govern and rule themselves.

Politics is the process by which people decide who should govern and the types of policies that should be adopted.

Political Science is often called the art of government, and is the study of the principles, procedures, and structures of government and the analysis of those systems.

Part of that political process would not include in a democracy, the public’s evaluation of the political leaders.

The three broad categories for dividing the meanings of democracy are:

A. A system of interacting values;

B. A system of rule by the many;

C. A system of interrelated political sciences.

Constitutionalism is a set of arrangements that require leaders to listen, think, bargain, and explain to the people prior to the making of public laws.

The belief that everyone has the opportunity to realize his or her goals is self-determination

The idea that a just government derives its powers from the (consent of) people is known as popular consent.

Statism is the theory that the rights of the nation are supreme over the right of the individual.

When a government runs by the expressed preferences of the majority it is called Majority rule.

However, if a candidate wins by getting less than a majority (40-30-30), that winning vote is called a plurality.

The United States operates under a system that is a constitutional democracy-where government authority is the result of winning free and relatively frequent elections

The single most important value in American history has been the ideal of personal liberty

In a balanced government, which we try to achieve, no single interest dominates the government

The structural characteristic of the U.S. constitutional system can be seen in the use of the two house legislative system - bicameralism

Certain types of governments:Certain types of governments:

Anarchy-the total lack of government;Anarchy-the total lack of government;

Monarchy-rule by a royal family;Monarchy-rule by a royal family;

Dictatorship-rule by one, not necessarily Dictatorship-rule by one, not necessarily bad;bad;

Tyranny-rule by one who takes away the Tyranny-rule by one who takes away the rights of the people;rights of the people;

Aristocracy-rule by one group, usually the Aristocracy-rule by one group, usually the wealthy;wealthy;

Oligarchy-rule by a few - any one group;Oligarchy-rule by a few - any one group;

Theocracy-rule by religious leaders who Theocracy-rule by religious leaders who claim divine guidance;claim divine guidance;

Democracy (two types)Democracy (two types)A. Direct Democracy-rule by the people- A. Direct Democracy-rule by the people-

which is not the electoral college system;which is not the electoral college system;B. Indirect Democracy-Republic or a B. Indirect Democracy-Republic or a Representative Democracy;Representative Democracy;

After the shots had been fired, the colonies met again in the 2nd Continental Congress

*The Second Continental Congress had 2 jobs, by necessity:

1. Win this war;

2. Run this new government.

Peyton Randolph – the 1st leader of the Second Continental Congress

*Richard Henry Lee (of Virginia) made 2 proposals at the Second Continental Congress:

1. He proposed the writing of the Declaration of Independence;

2. He proposed the writing of the Constitution.

*The Articles of Confederation – 1st U.S. Constitution – Weaknesses included:

1. No Chief Executive (no President);

2. No federal judiciary (national courts);

3. Only had one branch – Congress;

4. The Congress had no power to tax;

5. The Congress could not regulate interstate trade.

1781 – 1787 – was known as “The Critical Period” – when this country used the Articles of Confederation

The Mount Vernon Convention – Virginia and Maryland met to reach an agreement on the regulation of trade between the 2 states – it worked!

The Annapolis Convention met in hopes of establishing a trade agreement among all the states – very few states even sent representatives – so the convention failed!

However, the Annapolis Convention did call for the states to meet for the Constitutional Convention (May 25, 1787)

The Constitutional Convention of 1787:The Constitutional Convention of 1787:The Delegates at PhiladelphiaThe Delegates at Philadelphia

55 Delegates55 Delegates EducatedEducated WealthyWealthy Experienced in Experienced in

state/local state/local governmentgovernment

WhiteWhite MaleMale Average age of 42Average age of 42

To encourage open debate, the proceedings were kept secret.

George Washington presided over the Constitutional Convention

James Madison – nicknamed the “Father of the Constitution”

He was given this nickname because:

1. He is credited with writing the Constitution;

2. He kept very detailed notes of the convention.

Delegates to the Constitutional Convention in Philadelphia were charged with changing the Articles of Confederation but they agreed to write a new constitution and not revise the Articles

There were two major plans presented at the Convention:

1. The Virginia Plan – proposed by Edmond Randolph;

2. The New Jersey Plan – proposed by William Patterson.

*The Virginia Plan

1. States would be represented in Congress according to their populations;

2. Congress would be “bicameral”;

3. The lower house would be elected by the people;

4. The upper house would be chosen by the lower house;

5. Executive, Legislative, and Judicial.

*The New Jersey Plan

1. States would be represented equally in Congress;

2. Congress would be “unicameral”;

3. The powers of Congress would be very limited;

4. Government would be divided into 3 parts (executive, legislative, and judicial).

*The Connecticut Compromise – a compromise between the large and small states - proposed by Roger Sherman

1. Congress would be “bicameral”;

2. The upper house – Senate – would have equal representation;

3. The lower house – House of Representatives – based on population;

4. Both must agree for a law to be passed;

5. Executive, Legislative, and Judicial

Other Compromises

3/5’s Compromise – How would the slave population be counted?

3/5’s of the slave population would be counted for:

1. Taxation;

2. Representation.

The Commerce Compromise – No export taxes in the U.S.

Compromise of the slave trade – the slave trade TO the U.S. would end in 20 years.

Compromise on the executive – Only 1 President – elected by the electoral college (not directly by the people).

Ratification – Formal Approval – 9/13 of the colonies needed for “ratification” – the first state to ratify the new Constitution was Delaware.

Federalists – those favoring the new Constitution

*Anti-federalists - those opposed to the new Constitution

The Constitutional Convention of 1787: The Constitutional Convention of 1787: ConsensusConsensus

The common philosophy

accepted by most of the delegates

was that of balanced

government

Federalists versus Anti-FederalistsFederalists versus Anti-Federalists

The Federalist PapersThe Federalist Papers James Madison, Alexander James Madison, Alexander

Hamilton, and John JayHamilton, and John Jay

The “Brutus” EssaysThe “Brutus” Essays

The Politics of RatificationThe Politics of Ratification

Patrick Henry’s famous cry, “Give Me Liberty or

Give Me Death!”

Ratification of the Constitution

*Criticisms of the new Constitution:

1. No mention of God;

2. The central government was too powerful;

3. It lacked a Bill of Rights.

The Federalist Papers – written by Hamilton, Madison, and Jay – were essays favoring the new Constitution.

Article I – outlines the national legislature;

Article II – outlines the executive office;

Article III – outlines the national judiciary.

The Bill of Rights would be the first 10 amendments to the Constitution – added in 1791.

The Framers of the Constitution did not make the voting qualifications for federal elections more restrictive than the states because they feared that the states might not approve the Constitution if they did.

A general acceptance of the ideals of democracy and a willingness of a substantial number of people to agree to proceed democratically is often called democratic consensus

Sometimes the is overridden by the U.S. Supreme Court in controversial rulings, such as in the case, Santé Fe Independent School District v. Doe, where the Court ruled the pre-game prayer at public high school football games violated the 1st Amendment of the U.S. Constitution

Magleby & LightMagleby & Light

Government by the PeopleGovernment by the People

Chapter 2Chapter 2

Constitutional FoundationsConstitutional Foundations

The Living ConstitutionThe Living Constitution

The U.S. The U.S. Constitution is the Constitution is the oldest in the worldoldest in the world

Still, the brevity and Still, the brevity and ambiguity of many ambiguity of many constitutional constitutional provisions have provisions have spurred a great deal spurred a great deal of additional of additional debate. The longest debate. The longest written constitution written constitution is that of Indiais that of India

High school students pray outside their school before

classes begin for the day. Although this type of prayer has

been upheld by the courts, the Supreme Court struck

down student-led prayer broadcasted over a stadium

loudspeaker before a high school football game.

Modifications of Checks and Modifications of Checks and BalancesBalances

The rise of national political partiesThe rise of national political parties

Expansion of the electorate and the move toward Expansion of the electorate and the move toward more direct democracymore direct democracy

Establishment of agencies deliberately designed Establishment of agencies deliberately designed to exercise legislative, executive, and judicial to exercise legislative, executive, and judicial

functionsfunctions

Changes in technologyChanges in technology

The growth of presidential powerThe growth of presidential power

Modifications of Checks and BalancesModifications of Checks and Balances

Direct PrimaryDirect Primary

Election in which voters Election in which voters choose party nomineeschoose party nominees

InitiativeInitiative

Procedure whereby a certain Procedure whereby a certain number of voters may, by number of voters may, by petition, propose a law or petition, propose a law or

constitutional amendment and constitutional amendment and have it submitted to the votershave it submitted to the voters

ReferendumReferendum

Procedure for submitting to Procedure for submitting to popular vote measures popular vote measures

passed by the legislature or passed by the legislature or proposed amendments to a proposed amendments to a

state constitutionstate constitution

RecallRecall

Procedure for submitting to Procedure for submitting to popular vote the removal of popular vote the removal of

officers from office before the officers from office before the end of their termend of their term

Origins of Judicial ReviewOrigins of Judicial Review

Whether the delegates to the Constitutional Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the Convention of 1787 intended to give the courts the power of judicial review is a long debated questionpower of judicial review is a long debated question

Marbury versus MadisonMarbury versus Madison John Marshall sworn in as John Marshall sworn in as

Chief Justice of the Chief Justice of the Supreme Court through a Supreme Court through a “midnight appointment” of “midnight appointment” of President Adams in 1801President Adams in 1801

Jefferson refuses to deliver Jefferson refuses to deliver other commissionsother commissions

Marbury v. MadisonMarbury v. Madison Constitution is the Constitution is the

supreme and binding lawsupreme and binding law

The Unwritten ConstitutionThe Unwritten Constitution

Constitutional Constitutional elaboration:elaboration:

--Congressional Congressional legislation to provide legislation to provide further details not laid further details not laid out in the Constitutionout in the Constitution

--e.g.: Impeachment and e.g.: Impeachment and any vague provision any vague provision such as the necessary such as the necessary and proper clauseand proper clause

Two U.S. Presidents,

Andrew Johnson and

Bill Clinton, have been

impeached by the U.S.

House of

Representatives. Nixon

resigned before

impeachment.

Presidential PracticesPresidential Practices

Executive OrderExecutive Order

Executive PrivilegeExecutive Privilege

ImpoundmentImpoundment

Ratification Politics: The ERARatification Politics: The ERA

““Equality of rights under the law shall not be denied or abridged by the United States or by Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”any State on account of sex.”

First introduced in 1923First introduced in 1923

Passed by Congress in 1972, and referred to the states for ratificationPassed by Congress in 1972, and referred to the states for ratification

Fell three states short of the 38 needed for ratificationFell three states short of the 38 needed for ratification

Demonstrates the difficulty of amending the ConstitutionDemonstrates the difficulty of amending the Constitution

The Constitution is often based in natural law which implies a universal sense of right and wrong – an idea respected by most of the Founders

The following are notable quotes from James Madison:

“If men were angels, no government would be necessary”;

“You must first enable the government to control the government; and in the next place oblige it to control itself”.

The idea that government should be able to control itself is a belief Madison espoused in Federalist #51.

Madison believed that the accumulation of all powers (legislative, executive, and judicial) was the formula for a tyranny. This was expressed in Federalist #47.

The theory that each branch should be able to stop some of the acts of the others to ensure that no one branch dominates our government is known as the system of checks and balances.

Congressional Elaboration is the term used to describe the ability of Congress to pass legislation that gives further elaboration to the Constitution for various reasons.

Some scholars argue that judicial review was not specifically mentioned in the Constitution because of the belief that justices would simply use it from general provisions and their need to interpret the Constitution.

The Supreme Court’s power of judicial review was established in the case, Marbury v. Madison.

Executive Checks on the Legislative Branch:

1. Veto a bill that has passed in Congress;

2. Recommend legislation;

3. Call Congress into “special sessions”;

4. Appeal to the people.

Executive Checks on the Judicial Branch:

1. President appoints members of the federal courts;

2. Grants “pardons” (to completely forgive);

3. Grant “reprieves” (to postpone punishment);

4. “Commutes” (reduce) sentences;

5. Grants “amnesty” (forgive a large number Lincoln’s amnesty of Confederate soldiers)

Legislative Checks on the Judicial Branch:

1. Congress creates the lower federal courts;

2. The Senate approves appointments of federal judges;

3. Congress may remove a judge through impeachment;

4. Congress sets the salaries of the federal judges.

Legislative Checks on the Executive Branch:

1. Makes laws;

2. Appropriates funds;

3. Overrides a veto by a 2/3 vote;

4. May impeach the President;

5. The SENATE (not the President) approves treaties;

6. Set the President’s salary.

Legislative Checks on the Judicial Branch:

1. Congress creates the lower federal courts;

2. The Senate approves appointments of federal judges;

3. Congress may remove a judge through impeachment;

4. Congress sets the salaries of the federal judges.

Judicial Check on the Executive Branch

The Courts can declare an ACTION of the President to be “unconstitutional”

Judicial Check on the Legislative Branch

The Courts can declare an LAW passed by Congress to be “unconstitutional

Amendments – formal changes to the Constitution – so far there have been 27 Amendments to the U.S. Constitution

The Amendment process:

Propose:

1. 2/3 of Congress;

2. 2/3 of a National Convention.

Ratify:

1. 3/4 of State legislatures;

2. 3/4 of State conventions.

26th Amendment – 1971 – 18 year-olds have the right to vote

The Kentucky and Virginia Resolutions were political statements in favor of states' rights and Strict Construction.

Informal Amendments:

• Actions of the President;

• Laws passed by Congress;

• Decisions of the Supreme Court.

The first African American to serve on the U.S. Supreme Court was Thurgood Marshall who was appointed by President Lyndon Johnson.

In divided government, where one party controls the Presidency and another controls at least one house of Congress, typically the role of partisanship increases.

In your text, a chart – Generation Next – points out that the those who are classified as extremely conservative think the average person will need to give up some of their civil liberties to fight terrorism.

The Environmental Protection Agency is an example of an independent executive agency designed to protect the public welfare.