Constitutional Democracy

Promoting Liberty and Self-Government

AP GovernmentChapter 2

UPI/THE BETTMANN ARCHIVENixon Says FarewellPresident Richard Nixon, flanked by his wife, Pat, daughter Tricia, and her husband, Edward Cox, offers a tearful farewell to staff as he prepares to leave the White House one day after his resignation. Nixon, who told those gathered “we leave proud,” left for his California home to resume life as a private citizen after the Watergate scandals brought down his presidency.

James Madison:

“Federalist” #51

“If angels were to govern men, neither external nor internal controls of government would be necessary.”

The framers of the Constitution were intent on protecting Liberty and therefore sought to restrain use of political power.

Limited Government – a government that is subject to strict limits on its lawful uses of power, and hence on its ability to deprive people of their liberty.

Checks and Balances

System designed to limit what officials can do.

Self – GovernmentPrinciple that the people are the ultimate

source and proper beneficiary ofauthority; in practice, a government based

on majority rule.

Before The Before The ConstitutionConstitution• Early Americans based their admiration for Early Americans based their admiration for

limited government on their English heritage.limited government on their English heritage.• English “Common Law” – guaranteed trial by English “Common Law” – guaranteed trial by

jury / due process of law. jury / due process of law. • American Colonies - Trial by Jury, Limited American Colonies - Trial by Jury, Limited

Freedom of Expression, Religious Freedom Freedom of Expression, Religious Freedom (some), Small degree of self-government (some), Small degree of self-government (elected assemblies).(elected assemblies).

The Revolutionary WarThe Revolutionary War

The Revolutionary WarThe Revolutionary War was was partly a rebellion against partly a rebellion against England’s failure to respect its England’s failure to respect its own traditions of limited own traditions of limited government in the colonies. As government in the colonies. As time went on, Britain showed time went on, Britain showed less and less respect for the less and less respect for the right of the American Colonies. right of the American Colonies.

French and Indian WarFrench and Indian War (1755 – (1755 – 1763) Colonist fought along side 1763) Colonist fought along side the British to remove the French the British to remove the French from the Western territories.from the Western territories.

Join or DieEngland’s colonies in North America were fragmented before the adoption of the United States Constitution in 1788. This illustration highlighted the need to unite as a single nation.

1763 The French and Indian War ends. The British defeat France and acquire the French empire in North America.

1765 Britain passes the Stamp Act to directly tax the colonists. The act requires that revenue stamps be put on all legal documents, deeds, newspapers, pamphlets, dice, and playing cards.

1766 The Stamp Act is repealed. However, a Declaratory Act reiterates Britain's right to pass laws for and levy taxes on the colonies.

1773 During the Boston Tea Party, colonists disguised as Native Americans throw tea from British ships into the ocean to protest the Tea Act (December). The act was passed

to allow the British East India Company to sell tea to the colonists, but the tea included a British tax. 1774 Intolerable Acts are passed. They close the port of Boston, curtail

the powers of local assemblies, provide for compulsory quartering of troops by colonists, and exempt imperial officials from trial in Massachusetts. An additional act establishes a colonial administration in Québec on terms

that further provoke the American colonists. 1775 American militias defeat British troops in the battles of Lexington

and Concord, the first battles of the war (April). 1775 American troops capture Fort Ticonderoga, beginning the war in

New York (May). 1775 The British defeat the Americans at the Battle of Bunker Hill. The

Continental Congress commissions George Washington to lead the Continental Army (June). 1776 The Continental Congress adopts the Declaration of Independence (July).

1776 The British defeat American troops at the Battle of Long Island, seizing the city of New York (August).

1776 Washington and his troops cross the Delaware River to launch a surprise attack; they defeat the British at the battles of Trenton and Princeton (December).

1777 British troops capture Philadelphia, Pennsylvania, home of the Continental Congress (September). 1777 British troops are defeated at Saratoga, New York, failing to cut New

England off from the rest of the colonies (October). 1778 The Continental Congress enters a formal alliance with France, which

provides money, weapons, and soldiers (February). 1778 The British capture Savannah, Georgia, in an effort to implement their

Southern strategy, an attempt to capture Southern colonies with support of Southern Loyalists (December).

1779 Colonial troops seize a British fort at Vincennes, taking control of the war in the west (February).

1779 The colonial vessel, Bonhomme Richard, forces the surrender of the British warship, Serapis (September).

1780 British forces capture Charleston, South Carolina, as part of the Southern strategy (May).

1781 The British are defeated at Guilford Courthouse, North Carolina and realize that their Southern strategy is unlikely to succeed (March).

1781 The British surrender at Yorktown, ending most of the fighting in North America (October).

1783 The Treaty of Paris is signed, recognizing the independence of the United States (September).

1787 The Constitution of the United States is signed by the delegates of the Constitutional Convention (September).

1789 The Constitution becomes effective.

1765 – 1765 – ““Stamp ActStamp Act”” – a tax levied on – a tax levied on colonial newspapers and business colonial newspapers and business documents.documents.

““No taxation without representation”No taxation without representation” – rallying cry for the colonist.– rallying cry for the colonist.

Eventually Parliament repealed the Eventually Parliament repealed the act.act.

““Townshend Act”Townshend Act” – imposed taxes on – imposed taxes on all paper, glass, lead and tea. King all paper, glass, lead and tea. King George III sent more troops to George III sent more troops to America to impose the new taxes.America to impose the new taxes.

December 1773 – “December 1773 – “Boston Tea Boston Tea PartyParty” – response to the tea tax ” – response to the tea tax (Britain’s attempt to maintain some (Britain’s attempt to maintain some type of control over the colonies.)type of control over the colonies.)

1774 - “1774 - “First Continental CongressFirst Continental Congress”” Demanded free assembly, end to Demanded free assembly, end to

British military occupation, ability British military occupation, ability to raise money (own taxes), trial by to raise money (own taxes), trial by local juries (“troublemakers” had local juries (“troublemakers” had been shipped back to England for been shipped back to England for trial)trial)

“The Declaration of Independence”

A call to revolution rather than a framework for a new form of government – ideas basically the same as the Constitution.

The Articles Of Confederation

1st Government of the United States – adopted during the Revolutionary War.

Established a weak national government that was subordinate to the states.

Colonist feared creating a strong national authority.

Created a National Congress. Each state (13) had one vote Nine votes required to pass legislation Unanimous approval required to change the Articles of

Confederation (One state could block a revision)

Denied Congress the power to tax – could not build a navy nor hire an army.

Shays’s RebellionShays’s Rebellion

Daniel Shays led a group of 2,000 Daniel Shays led a group of 2,000 farmers who marched on farmers who marched on courthouses to prevent courthouses to prevent

foreclosures on their farms.foreclosures on their farms.

Result of Shays Rebellion: Congress Result of Shays Rebellion: Congress authorizes a constitutional authorizes a constitutional

convention to “revise the Articles convention to “revise the Articles of Confederation”.of Confederation”.

Constitutional ConventionUnder the Articles of Confederation, the federal government was too weak to govern the states. After several proposals for reform, the Constitutional Convention met in Philadelphia in 1787 to write the document that still forms the basis of the United States government. The new Constitution delegated extensive powers to the central government, but reserved many powers for the individual states.

Negotiating Toward A Constitution

The Virginia Plan: Plan put forth by the Virginia Delegation – strong nationalist.

– Two – Chambered Congress.– Congress would have supreme authority in all areas

(Especially in defense / interstate trade).– Representation based on size.

The New Jersey Plan: Plan put forth by New Jersey’s William Peterson.

– Called for a Stronger National Government with the power to tax.

– Called for the power to regulate commerce among the states.

– Single chamber Congress with each state having one vote.

The Great CompromiseThe Great Compromise

Provided for a bi-cameral (two-chambered) Provided for a bi-cameral (two-chambered) Congress.Congress.

Established the House of Representatives Established the House of Representatives apportioned among the states on the basis apportioned among the states on the basis of population.of population.

Established the Senate apportioned on the Established the Senate apportioned on the basis of an equal number of votes (two) for basis of an equal number of votes (two) for each state.each state.

Article V of the ConstitutionArticle V of the Constitution: “No state, : “No state, without consent, shall be deprived of its without consent, shall be deprived of its equal suffrage in the senate.”equal suffrage in the senate.”

The North – South CompromiseThe North – South Compromise Congress was prohibited from taxing Congress was prohibited from taxing

exports / could tax imports.exports / could tax imports.

Congress could not pass a law to end Congress could not pass a law to end the slave trade until 1808.the slave trade until 1808.

Passed a constitutional provision Passed a constitutional provision requiring the return of all captured requiring the return of all captured runaway slaves.runaway slaves.

Included the “Three-Fifths Included the “Three-Fifths Compromise”.Compromise”.

The Ratification The Ratification DebateDebate

Anti – Anti – FederalistFederalist

Feared a powerful Feared a powerful national government. national government. (British King)(British King)

Feared the fact that Feared the fact that the Constitution the Constitution contained no Bill of contained no Bill of Rights.Rights.

Concerned over the Concerned over the idea of a idea of a “President”.“President”.

Acknowledged a Acknowledged a need to strengthen need to strengthen national commerce national commerce and defense.and defense.

FederalistFederalist

Favored a Favored a government that government that would not threaten would not threaten liberty.liberty.

Favored a Favored a government strong government strong enough to forge a enough to forge a secure and secure and prosperous union.prosperous union.

Major Goals of the Framers Major Goals of the Framers of the Constitutionof the Constitution

1. To establish a government strong 1. To establish a government strong enough enough to meet the nation’s needs.to meet the nation’s needs.

2. To establish a government that would 2. To establish a government that would not not threaten the existence of the threaten the existence of the separate separate states. (Federalism – See states. (Federalism – See Ch.3) Ch.3)

3. To establish a government that would 3. To establish a government that would not not threaten liberty.threaten liberty.

4. To establish a government based on 4. To establish a government based on popular consent.popular consent.

Grants and Denials of Grants and Denials of PowerPower

Authority Authority notnot granted to the granted to the government by the Constitution government by the Constitution

is in theory denied to it.is in theory denied to it.

Grants of Power

Power to tax, declare war and to create a national currency.

Denials of Power

Ex Post Facto Laws and the difficulty in amending the

Constitution.

ConstitutionalConstitutionalLimits of The Limits of The GovernmentGovernment

Grants of PowerGrants of Power

Separation of PowerSeparation of Power

FederalismFederalism

Denials of PowerDenials of Power

Bill of RightsBill of Rights

JudicialJudicial ReviewReview

ElectionsElections

Separation of Powers

The division of powers among the separate institutions or branches of government.

Declaration of War Against JapanPresident Franklin Roosevelt addresses Congress on December 8, 1941, the day after Japan attacked U.S. forces at Pearl Harbor. Under the U.S. system of separation of powers, the president commands the armed forces but only Congress can declare war.

Flag BurningOn June 11, 1990, the Supreme Court struck down the constitutionality of the 1989 Flag Protection Act, which outlawed flag burning. The Court maintained that flag burning is a form of political speech and therefore is protected by the First Amendment to the United States Constitution. That same year, President George Bush proposed a new, and much criticized, constitutional amendment outlawing flag burning.

The Bill Of Rights

Abortion Rights ProtestAbortion rights advocates demonstrate on the steps of the Capitol in 1989. The Constitution of the United States provides the national framework for deciding controversial issues such as abortion, school prayer, and gun control.

The Bill Of Rights

Judicial ReviewJudicial Review

The power of courts to review statutes and The power of courts to review statutes and governmental actions to determine whether governmental actions to determine whether

they conform to rules and principles laid they conform to rules and principles laid down in constitutions. Judicial review is down in constitutions. Judicial review is based on the idea that a constitution—based on the idea that a constitution—

which dictates the nature, functions, and which dictates the nature, functions, and limits of a government—is the supreme law. limits of a government—is the supreme law. Consequently, any actions by a government Consequently, any actions by a government that violate the principles of its constitution that violate the principles of its constitution

are invalid.are invalid.

Marbury v. Madison (1803)Marbury v. Madison (1803)

ElectionsElections

OfficeOffice Method of Selection Method of Selection Term Term

PresidentPresident Electoral CollegeElectoral College 4 4 Years Years

U.S. SenatorU.S. SenatorState LegislatureState Legislature 6 Years 6 Years

U.S. Rep.U.S. Rep. Popular ElectionPopular Election 2 2 YearsYears

Federal JudgeFederal Judge NominationNomination IndefiniteIndefinite

Democracy

A form of government in which the people rule,

either directly or through elected officials.

Republic

A form of government in which representatives, who are not subject to the people’s immediate control, meet to decide

on policy issues.

Representative Democracy

A form of government in which the people indirectly participate in the decision-making process of government

through the election of officials to represent their interest.

Altering the ConstitutionAltering the Constitution Jeffersonian DemocracyJeffersonian Democracy

Government belonged to all, not just Government belonged to all, not just eliteelite

Jacksonian DemocracyJacksonian Democracy Voters choose president through Voters choose president through

electoral collegeelectoral college The ProgressivesThe Progressives

Direct election of senatorsDirect election of senators Primary electionsPrimary elections Initiative / ReferendumInitiative / Referendum

Constitutional DemocracyConstitutional Democracy

A government that is A government that is democratic in its provisions democratic in its provisions

for majority influence through for majority influence through elections, and constitutional elections, and constitutional in its provisions for minority in its provisions for minority

rights and rule of law.rights and rule of law.