The Founding of the American Democratic System

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The Founding of the American Democratic System

• What led to the creation of the U.S. Constitution?

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Founding and the U.S. Constitution

• The revolution was inspired by concern for
  liberty
• Understood as preservation of traditional rights
  against tyranny
• These rights were threatened by British trade and
  tax policies
• Concern also motivated by desire for popular
  sovereignty

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First Continental Congress (September 5-October
22, 1774)

• Every colony but Georgia sent representatives
• Met in secret because they did not want the
  British to know that the colonies were uniting
• They made list of basic rights they wanted and a
  list of complaints to send to King George III
• Signed petition demanding the Intolerable Acts be
  repealed and sent it to England with the demand
  they would be repealed
• Agreed to meet again if Intolerable Acts not
  repealed

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Second Continental CongressMay 5, 1775 (met
throughout war)

• Purposes
• Organize Army and Navy
• Send diplomats to Europe for financial and
  military assistance for war
• Appoint committee to draft Declaration of
  Independence
• Thomas Jefferson, John Adams, Ben Franklin, Roger
  Sherman, and Robert Livingston
• Committee delegated job to Jefferson (revised by
  Adams, Franklin, and entire committee)

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Articles of ConfederationThe Government They
Created

• No executive branch
• No judicial branch
• Unicameral legislature
• Equal representation (one vote per state)
• Nine votes necessary for legislation
• Unanimity necessary for amendments or abolition

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Weaknesses of Articles of Confederation

1. Congress did not have power to tax
2. Congress could not regulate commerce
3. States could issue their own currency
4. Executive not independent of Congress
5. No national judicial system
6. Needed unanimous decision to amend
7. All laws needed 9/13 states to approve

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I. Constitutional Convention

• Failures of the Articles of Confederation inspire
  many citizens to call for constitutional
  convention
• Explicit tension between proponents of greater
  democracy and a more republican system of
  government

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II. Defining Republicanism

• Objectives
• Government based on popular consent
• Powers of government are limited
• Government insulated against judgments of the
  majority
• Citizens should have right to have property
  protected

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II. Defining Republicanism

• B. How to achieve these objectives
• Elected representatives exercising independent
  judgment
• Suffrage restricted to only white male property
  owners
• Prevent concentration of government power in any
  single governing body

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II. Defining Republicanism

• While Republicanism represents a step towards
  democracy, it is NOT democracy
• retains many aristocratic or elitist features
• envisions a political order in which a natural
  elite rules
• limitations on the participation of people
• Federalist 62 state governments were allowing
  government "to fall into the hands of those whose
  ability or situation in life does not entitle
  them to it."

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III. Members of Convention

• 73 delegates from 12 states (Rhode Island did not
  attend)
• Delegates were largely from privileged, educated
  backgrounds
• There are questions about how representative
  these individuals were (most citizens had neither
  financial privilege nor education)

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IV. Consensus and Conflict

• A. Consensus
• Almost all agreed that Articles were inept and
  needed to be replaced
• Support for strengthened national government
• Dangers of factions
• Belief in republican form of government

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IV. Conflict and Compromise

• Representation of states in legislature
• Connecticut Compromise
• Status of slavery
• 3/5 Compromise
• End of Slave Trade
• Selection of the President
• Electoral College

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Virginia Plan (Madison)

• Designed to create a strong central government,
  controlled by the wealthiest and most heavily
  populated states
• Popularly elected bicameral national legislature
  with power to veto state laws and appoint the
  executive and the judiciary
• Seats in both houses based on population
• Single executive

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New Jersey Plan

• Modeled after Articles of Confederation (with
  slightly more powerful central govt)
• Favored small states
• States remain sovereign over central govt
• Unicameral legislature
• One representative from each state
• Plural executive

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Connecticut Compromise(Roger Sherman)

• Compromise between large and small states
• Called for bicameral legislature
• Representation in lower house based on population
  (favors large states)
• Direct popular election of representatives
• Representation in upper house to be equal for
  each state (favors small states)
• Senators elected by state legislatures

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Slavery

• This was a very divisive issue, even at the
  founding
• This represents an inherent conflict in American
  politics
• slavery is institutionalized in a society that
  just fought a war supported by the claim that
  "all men were created equal."

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SlaveryStory of Political Power of South

• 3/5 Compromise
• 3/5's of state's slave population would be
  counted in states population and taxation
• contributes to the count of representatives in
  the House of Reps
• b. Prohibited enactment against slave trade
  until 1808 (ending slave importation)
• c. Required non-slave states to return runaways

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John Roches Argument

• The Founding Fathers had significant political
  experience
• They were masters at the art of compromise
• They wanted to write a document that was
  acceptable to their constituents
• They were also eager to finish their work quickly
  to go back to their families, businesses and
  political careers

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Charles Beard An Economic Interpretation of
Constitution (1911)

• Constitution was an economic document written by
  a self-interested elite
• This elite wanted to protect their interests
• People were not involved in selecting the
  delegates to the Constitutional Convention
• The ratification process was also undemocratic
  since only one sixth of the adult males
  participated

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Constitution as a Living Document

• Jefferson The real friends of the Constitution
  in its federal form, if they wish it to be
  immortal, should be attentive, by amendments, to
  make it keep pace with the advance of the age in
  science and experience
• Two ways to change
• By amendment
• By interpretation

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Constitution as a Living Document

• Change by amendment
• The formal amendment process is difficult to
  date only 27 amendments have been added
• Proposing amendments 2/3 of Congress or 2/3 of
  state legislatures calling for a convention
• Ratifying amendments 3/4 of state legislatures,
  or ratifying conventions in 3/4 of the states
• Change by interpretation (Supreme Court)