1 / 29

Why Democracy?

Why Democracy?. Democracy. Rule by the People Direct / Indirect Federal System Confederal System. Majority Rule / Minority Rights Recognize Individual worth Promote Respect for the Law Promote the Public Good. Constitutional Convention 1787.

zamora
Download Presentation

Why Democracy?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Why Democracy?

  2. Democracy • Rule by the People • Direct / Indirect • Federal System • Confederal System

  3. Majority Rule / Minority Rights Recognize Individual worth Promote Respect for the Law Promote the Public Good

  4. Constitutional Convention1787 • Constitution  a basic set of laws and principles establishing the nation’s government • Based on Philosophies of Hobbes, Lock, Montesquieu • Other Influences: Magna Carta (Great Charter), Petition of Right, 1628, English Bill of Rights, 1689

  5. * Magna Carta a. rule of law b. bicameral (two chamber) • Petition of Rights a. limited monarchy (executive) b. cannot imprison people without reason c. force citizens to house soldiers d. no military rule in times of peace

  6. English Bill of Rights a. Monarch (executive) cannot rule without consent of legislature b. Right to Petition c. Free elections d. Rule with consent of people it governed

  7. Articles of Confederation • 1st form of “unified” government • Can’t we all just get along?…..according to Alexander Hamilton, the answer is no.

  8. Basic Set up • Unicameral, one legislative branch, representatives chosen by the state legislatures • Loose association of states, states stronger than federal government • Majority approval required (nine is the magic number) • Make treaties with natives, appoint representatives to other countries, borrow money • Admit new states to the Union

  9. First Try • Articles of Confederation a. no executive b. no currency c. no judiciary d. no ability to tax e. no ability to regulate commerce *Other Problems Ratification and amendment process

  10. More Problems • Culture • Economy • Geography

  11. Shay’s Rebellion • 1786---- Group of “unhappy” farmers and ex revolutionaries gathered up their hoes and rakes and storm the town to stop foreclosures on their homes……ended when they attacked an arsenal and were cut down by cannon fire

  12. Convention • Who is there? Why • “Well bred, well fed, well ed and well wed” • After the Revolution and we are free

  13. Convention 1787 • Virginia Plan a. bicameral legislature b. strong executive c. strong judiciary d. direct elections for one house/appointment for the other house e. levy taxes, make laws for nation, regulate trade

  14. New Jersey Plan Counter proposal a. weak executive b. unicameral legislature/represented = c. Representatives chosen from state d. supreme court appointed by legislature. e. levy taxes, regulate trade Called for a stronger state government with representatives coming from state legislature.

  15. Great Compromise (Connecticut Plan) • 2 chambers of Congress a. one elected and based on population b. one appointed by House and = representation. Both Houses must approve legislation, by a majority of votes to become a law

  16. 3/5 Compromise problem was they wanted slaves to be counted for taxation and not representation Remedy Slaves would be counted 3/5 of a person for both purposes

  17. Federalist / Anti-Federalist • Federalist had advantages a. control of the press b. better represented c. beat the Anti-Federalist to the draw • Anti-Federalist a. won the argument for a Bill of Rights only after ratification of the Constitution.

  18. Federalist Argued that due to a limited government there was no need for a “Bill of Rights” • Constitution finally ratified in 1788, it took one year to achieve the nine needed. Although ratified a Bill of Rights was agreed to

  19. The Constitution Limited Government Article 1, section 9, says what powers that the federal government does not have. Separation of Powers No one branch has too much power Checks and Balances Divides the power within the government.

  20. Changing the Constitution • 2 methods of changing the Constitution a) informally b) formally Changing formally very difficult, so informal ways to make changes developed

  21. Informal Methods • Acts of Congress (Judiciary Act of 1789) • Judicial Rulings (Plessy v. Ferguson, Brown v. Board of education) • Presidential Actions (police actions, executive privilege) • Customs and traditions (Cabinet, parties, presidential nominating conventions, etc)

  22. Formal Methods • Proposal a. 2/3 vote from both houses of Congress (all done this way). No presidential veto possible b. Constitutional Convention called by Congress at the request of 2/3 of the states Serious implications for this one

  23. Ratification a. ¾ of state legislatures 1. all but 21st amendment done this way. 2. most state legislatures ratify with a simple majority, but some require a supermajority….(eg. 3/5, 2/3, ¾)

  24. Ratifying conventions in ¾ of states 1) 21st amendment done this way 2) A more directly democratic way: people elect delegates who state their positions on the proposed amendment. Citizens are in essences casting their votes on the amendment. Time limits for ratification: Generally 7 years

  25. Types of Power • Express/Enumerated • Implied • Inherent • State Powers: reserved • Concurrent Powers • National Supremacy (Article VI) McCulloch v. Maryland 1819 • Full Faith and Credit Clause, Elastic Clause, Commerce Clause, Privileges and Immunities Clause

  26. Powers Exclusive Powers of the National Government • Under the Constitution, powers reserved to the national government include: • Print money (bills and coins)Declare warEstablish an army and navyEnter into treaties with foreign governmentsRegulate commerce between states and international tradeEstablish post offices and issue postageMake laws necessary to enforce the Constitution

  27. Powers Shared by National and State Government Shared, or "concurrent" powers include: • Setting up courtsCreating and collecting taxesBuilding highwaysBorrowing moneyMaking and enforcing lawsChartering banks and corporationsSpending money for the betterment of the general welfareTaking (condemning) private property with just compensation

  28. States (Reserved Powers) Exclusive Powers of State Governments Powers reserved to state governments include: • Establish local governmentsIssue licenses (driver, hunting, marriage, etc.)Regulate intrastate (within the state) commerceConduct electionsRatify amendments to the U.S. ConstitutionProvide for public health and safetyExercise powers neither delegated to the national government or prohibited from the states by the U.S. Constitution (For example, setting legal drinking and smoking ages.)

More Related