Designing American Democracy

Who invented democracy??

We associate democracy with the early Greek and Roman civilizations, but these earlier experiments were relatively temporary.Theories were developed by 17th and 18th C. European thinkers during the Enlightenment.Two documents had a profound impact on the relationship between the government and the people of England. These would later influence the plan for the U.S. government.

The Magna Carta-1215Limited the power of the king by giving certain rights to nobles (later all citizens) Protection from cruel and unusual

punishment Protection of life, liberty and property The right to a fair and speedy trial by jury Protection from taxation without consent

Placed the power of government beneath that of the written law.

The English Bill of Rights-1689

British royalty agreed to accept this Bill of Rights establishing the supremacy of Parliament and guaranteeing: -freedom of speech in Parliament -rights to those accused of crimesThe people would elect representatives to make laws and govern. It was divided into a House of Lords and a House of Commons.

Democracy travels to America

The Virginia House of Burgesses-1619 The first representative legislature in the English colonies. Representatives began to enact laws and protect rights.The Mayflower Compact-1620. Signed by the men on the Mayflower, agreeing to form a political body that would pass laws for the good of the colony.

(Fast forward to late 1700s)

After the French and Indian War ended in 1763, conflict arose between Parliament and the colonists when they came to believe that their basic rights were being denied. The Stamp Act placed the first direct tax on the colonists, leading to the cry, “No taxation without representation.”After a decade of growing tension, the 2nd Continental Congress decided to take drastic steps . . . .

What are “unalienable rights?”

Enlightenment thinkers promoted the idea that men were born with natural or God-given rights.

They suggested that the whole purpose of government was to insure these individual rights.

Declaration of Independence-1776 (primarily written by Thomas Jefferson)

Introduction, “When in the course of human events . . .”“Unalienable rights” section provided the theoretical basis for revolution.List of grievances with King George.The formal declaration, pledging their lives, their fortunes, and their sacred honor.

The Articles of Confederation (written in 1777, adopted in 1781)

Our first plan of government tried to limit the powers of the national government, giving states more power.Had no executive or judicial branches. Couldn’t tax, regulate trade or enforce laws.Failed to create stability or instill confidence in our government.

The Constitutional Convention-1787

Stated purpose of this meeting was to “amend” the Articles of Confederation.Support grew for the idea of starting from scratch and drawing up a new constitution that would give more powers to the federal government.Out of much debate and compromise, the U.S. Constitution was created, but its adoption would require ratification by 9 of the 13 states.

Principles of U.S. Constitution

Limited government-Powers of government are restricted by the Constitution. (Articles I, II, III)Republicanism-Voters hold the power and elect representatives to exercise that power for them. (Preamble, Art. I)Checks and Balances-Each branch of government exercises some control over the others, sharing power among them (I, II, III)

Federalism-Power is divided between the national and state governments, limiting central power. (10th Amendment)Separation of Powers-Each branch of government has its own responsibilities and limitations. (Articles I, II, III)Popular Sovereignty-Authority for government flows from the people to their representatives. (Preamble and 10th Amendment)Individual Rights-Unalienable rights guaranteed to all citizens. (Preamble and the Bill of Rights)

The Federalist Papers- 1787-88

A series of 85 highly intelligent essays were written to explain why the new Constitution should be ratified.The Federalist Papers helped sway the vote. The Constitution was ratified in 1788 and George Washington was chosen as our first President, largely because of his military leadership in the American Revolution.

The Bill of Rights (added in 1791)

The first 10 Amendments to the U.S. Constitution. (Summarize these.)Designed to protect the individual rights of American citizens from being taken away by a too-powerful federal government.Designed to “protect the rights of the minority from the will of the majority.”

The Importance of Freedom of Speech and a Free Press

Why are these two freedoms essential to the survival of a democracy?Number 1 reason . . . To allow us to safely criticize our elected leaders and our government’s policies.It is believed that, without this freedom, power would fall into the hands of powerful individuals that don’t represent the will of the people.