The Evolution of Democracy in the United States

The Evolution of Democracy in the United States By La. Ma

Aristotle: the Father of Democracy • Aristotle (b. 384 - d. 322 BC), was a Greek philosopher, logician, and scientist. • • Aristotle is generally regarded as one of the most influential ancient thinkers in a number of philosophical fields, including political theory. His sympathies for democracy as well as monarchy may have been encouraged by his travels and experience of diverse political systems

Aristotle’s Political Theory • • Aristotle's word for ‘politics’ is politikê, which is short for politikê epistêmê or ‘political science’. Politics is a practical science, since it is concerned with the noble action or happiness of the citizens. It prescribes which sciences are to be studied in the city-state, and the other capacities -- such as military science, household management, and rhetoric -- fall under its authority. Since it governs the other practical sciences, their ends serve as means to its end, which is nothing less than the human good. "Even if the end is the same for an individual and for a city-state, that of the city-state seems at any rate greater and more complete to attain and preserve. For although it is worthy to attain it for only an individual, it is nobler and more divine to do so for a nation or citystate. " (EN I. 2. 1094 b 7 -10)

The City-State and the Constitution • • • The formal cause of the city-state is its constitution (politeia). Aristotle defines the constitution as "a certain ordering of the inhabitants of the city-state" The constitution is not a written document, but an immanent organizing principle, analogous to the soul of an organism. Hence, the constitution is also "the way of life" of the citizens (IV. 11. 1295 a 40 b 1, VII. 8. 1328 b 1 -2). On Aristotle's view, a community of any sort can possess order only if it has a ruling element or authority. This ruling principle is defined by the constitution, which sets criteria for political offices, particularly the sovereign office (III. 6. 1278 b 8 -10; cf. IV. 1. 1289 a 15 -18).

Aristotle’s notion of Final Cause • Since we see that every city-state is a sort of community and that every community is established for the sake of some good (for everyone does everything for the sake of what they believe to be good), it is clear that every community aims at some good, and the community which has the most authority of all and includes all the others aims highest, that is, at the good with the most authority. This is what is called the city-state or political community. [I. 1. 1252 a 1 -7]

Aristotle’s Six Possible Constitutional Forms CORRECT DEVIANT One Ruler: Kingship Tyranny Few Rulers: Aristocracy Oligarchy Many Rulers: Polity Democracy

Baron de Montesquieu • A French political thinker who lived during the Enlightenment and is famous for his articulation of theory of separation of powers, taken for granted in modern discussions of government and implemented in many constitutions all over the world. “In republican governments, men are all equal; equal they are also in despotic governments: in the former, because they are everything; in the latter, because they are nothing. ” Montesquieu The Spirit of Laws Bk. VI, Ch. 2

John Locke • • A 17 th-century philosopher concerned primarily with society and epistemology. An Englishman, Locke's notions of a "government with the consent of the governed" and people's natural rights—life, liberty, and estate (property)—had an enormous influence on the development of political philosophy. His ideas formed a basis for the American law and allowed the colonists to justify the American Revolution. “Political power, then, I take to be a right of making laws with penalties of death, and consequently all less penalties, for the regulating and preserving of property, and of employing the force of the community, in the execution of such laws, and in the defense of the common-wealth from foreign injury; and all this only for the public good. ”

The Four Theories of Who Governs 1) 2) 3) 4) Marxist- those who control the economic system will control the political one as well. Elitist- a top few leaders, not all of them drawn fro business, make the key decisions without reference to popular desires. Bureaucratic- appointed civil servants run the government. Pluralist- competition among different interest groups shapes public policy.

The Mayflower Compact "In the name of God, Amen. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord, King James, by the Grace of God, of England, France and Ireland, King, Defender of the Faith, e&. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents, solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid; And by Virtue hereof to enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience. In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord, King James of England, France and Ireland, the eighteenth, and of Scotland the fiftyfourth. Anno Domini, 1620. "

The House of Burgesses • • The name given to the first elected legislative assembly in the New World. The House of Burgesses, over time, came to represent the official legislative body of the colony of Virginia, and later, the Commonwealth of Virginia. The first meeting of the House of Burgesses occurred on July 30, 1619 at Jamestown, Virginia. The House of Burgesses became the first legislative body in the New World and ultimately became the foundation for selfgovernment in the American Colonies and, eventually, the United States of America.

Salutary Neglect • There had been little British intervention in America from 1621 until 1756. This 150 year period is known as one of 'salutary neglect'. Other than the operation of the Navigation Acts to regulate trade, Britain allowed the colonies to go their own way. Pitt the Elder began the first large-scale intervention during the Seven Years' War, ending the virtual independence of the thirteen colonies.

The Declaration of Independence We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Articles of Confederation • Agreed to by Congress November 15, 1777; ratified and in force, March 1, 1781. • Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. • Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.

Shay’s Rebellion • The American Revolution ended in 1783, but the young republic it created faced a difficult time. Nowhere was this more evident than to the farmers of Western Massachusetts. • The Rebellion started with petitions to the government for paper currency, lower taxes, and judicial reform. When this failed the farmers, led by Daniel Shay took more drastic measures. • • After the rebellion, the Federal Constitutional Convention in Philadelphia struggled to create a stronger central government that would "establish justice and insure domestic tranquility. " Shays' Rebellion is considered the one of the leading causes in the formation of the United States Constitution.

The Federalist Papers • The Federalist Papers were a series of articles written under the pen name of Publius by Alexander Hamilton, James Madison, and John Jay. Madison, widely recognized as the Father of the Constitution. “From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischief of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions. ”

United States Constitution • We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Bill of Rights • “The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution; ” • Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. • •

Amendments to the US Constitution • • AMENDMENT XIII Passed by Congress January 31, 1865. Ratified December 6, 1865. Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13 th amendment. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. • • • AMENDMENT XIX Passed by Congress June 4, 1919. Ratified August 18, 1920. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXVII Originally proposed Sept. 25, 1789. Ratified May 7, 1992. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

Necessary and Proper Clause • "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. " • It is often known as the elastic clause because of the great amount of leeway in interpretation it allows

Separation of Powers • The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. • The separation of powers provides a system of shared power known as Checks and Balances. • Three branches are created in the Constitution. The Legislative, composed of the House and Senate, is set up in Article 1. The Executive, composed of the President, Vice-President, and the Departments, is set up in Article 2. The Judicial, composed of the federal courts and the Supreme Court, is set up in Article 3. • Each of these branches has certain powers, and each of these powers is limited, or checked, by another branch.

New York State Constitution • No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgement of his peers, except that the legislature may provide that there shall be no primary election held to nominate candidates for public office or to elect persons to party positions for any political party or parties in any unit of representation of the state from which such candidates or per - sons are nominated or elected whenever there is no contest or contests for such nominations or election as may be pre- scribed by general law.

Marbury v. Madison James Madison • This 1803 decision marked the first time the United States Supreme Court declared a federal law unconstitutional. Chief Justice John Marshall wrote the opinion for the court. He held that it was the duty of the judicial branch to determine what the law is. His opinion established the power of judicial review—that is, the court's authority to declare laws

Judicial Activism • Judicial activism is the act of replacing an impartial interpretation of existing law with the judge's personal feelings about what the law should be. • Judicial Activism is more narrowly defined as one of three possible things: 1. Very willing to overturn or rule against the intent of legislative law 2. Overturning or ruling against the intent of judicial precedent 3. Ruling against the intent of the Constitution

Executive Power • • • Under the doctrine of Separation of Powers the executive branch of the government is the branch that has the power of implementing the law and running day to day affairs of the government. Executive authority in modern democracies is generally organized in one of two ways: as a parliamentary or a presidential system. ° In a parliamentary system, the majority party in the legislature forms the executive branch of the government, headed by a prime minister. ° In a parliamentary system, the legislative and executive branches are not entirely distinct from one another, since the prime minister and members of the cabinet are drawn from the parliament. In such systems, the political opposition serves as a chief means of limiting, or checking the authority of the executive. ° In a presidential system, the president is elected separately from the members of the legislature. ° In a presidential system, both the president and the legislature have their own power bases and political constituencies, which serve to check and balance each other.

The Civil War ". . . but one of them would make war rather than let the nation survive, and the other would accept war rather than let it perish, and the war came. " Abraham Lincoln, 2 nd Inaugural Address 4 March 1865 When one considers all that occurred during the very turbulent period of the American Civil War, President Abraham Lincoln is usually considered to be a hero. During his presidency, he managed to keep the United States of America together and gave a people held in bondage, American slaves, the freedom they so desperately deserved. Like almost every president who preceded him, Lincoln's actions at the time were somewhat controversial. Some of his most controversial decisions might actually be considered now to be abuses of the Presidential power. During his terms as president, he suspended the Writ of Habeas Corpus, and upheld the Declaration of Independence above the Constitution.

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