Foundations of American Democracy
Popular Sovereignty: Authority of a government is created and sustained by the
consent of its people.
Articles of Confederation
● Federalism: States/central government sharing governing responsibilities
● Negotiated the treaty that ended the Revolutionary War
● Northwest Ordinance: Framework for governing the Northwest Territory and
admitting new states to the Union on equal terms
● Weaknesses: Shays Rebellion (federal government had no power or money to
raise an army, states could ignore federal request due to decentralization),
could not enforce laws
Constitutional Convention
● Virginia Plan: Legislature based on population size
● New Jersey Plan: Legislature based on equal representation
● Great (Connecticut) Compromise: A bicameral with both
● Three Fifths Compromise: Blacks get a partial vote when apportioning seats in
the House of Representatives.
● Electoral College: Representatives + Senators (538 electors), needs 270+ to win
Bill of Rights
● 1: Religion, speech, press, assembly, petition
● 2: Bear of arms
● 3: No quartering soldiers (“three’s a crowd”)
● 4: No unreasonable search/seizure
● 5: Pleading the 5th
● 6: Fair/Speedy trial
● 7: Jury trial in civil cases
● 8: No cruel/unusual punishments
● 9: Rights beyond the constitution
● 10: Powers not given to the federal government belong to the states/people
Federalist Papers
● Federalist 10 (Madison): Factions can threaten democracy if they become too
powerful.
○ A large republic is the best way to limit factional tyranny because more
diverse interests= no single faction can dominate; Elected
representatives will filter extreme views
, ○ “A republic, by which I mean a government in which the scheme of
representation takes place, opens a different prospect…”
○ Justifies Constitution’s design over the Articles of Confederation
○ Dissent: Separate interests could tear the union apart
● Federalist 51 (Madison): Checks and Balances
○ “Ambition must be made to counteract ambition” (branches should
compete to limit tyranny)
○ The separation of powers prevents the concentration of authority
○ Federalism provides “double security” for liberty
○ “If men were angels, no government would be necessary”
○ Explains the Constitution’s structural protections against tyranny;
connects to checks/balances and federalism
○ Dissent: Eventually, one branch of government would hold more power
(LOOK WHAT HAPPENED THEY KINDA WERE RIGHT)
● Federalist 70 (Hamilton): President is good!!!
○ A unitary executive ensures accountability and quick action in crises
○ Rejects a multi person executive
○ “A feeble executive implies a feeble execution of the government”
○ Defends the presidency’s design, contrasts with Congress’s slowness.
🥀
○ Dissent: “you are giving control of the military to a single person, what
could possibly go wrong ”
● Federalist 78 (Hamilton): Judiciary’s role is the least dangerous. It is the check
on congress.
○ Judges need lifetime appointments (“during good behavior”)
■ GOOD BOY GOOD BOY GOOD BOY YOURE SUCH A GOOD BOY
○ Judicial review lets the court strike down unconstitutional laws.
○ Judiciary depends on the other branches to enforce rulings
○ “The interpretation of the laws is the proper and peculiar province of the
courts”
○ Dissent: Lifetime appointments could lead to corruption
Brutus
● Large Republic would be unable to understand people’s needs
● Necessary/Proper Clause and the Supremacy Clause= tyranny
● Standing Army could be used to dominate states
● Judiciary will overpower States
Constitution’s Powers
● Elastic clause: “make all laws” that appear “necessary and proper”
● Executive orders: directive issued by the president that manages operations of
the federal government
, ● Judicial Review
Federalism in relations to court
● McCulloch v. Maryland (1819): The court ruled that states did not have power to
tax the national bank. This decision reinforced the supremacy clause of the
constitution, where the Constitution “and the laws of the United States which
shall be made in pursuance thereof… shall be the supreme law of the land; and
the judges in every state shall be bound thereby”
● United States v. Lopez (1955): The case arose after a challenge to the Gun Free
School Zones Act of 19900, which banned the possession of handguns on
school property. The Court held that the commerce clause did not extend to
the regulation of the carrying of handguns. This ruling marked a new phase of
federalism, in which the importance of state sovereignty and local control was
emphasized.
Powers Under Federalism
● Delegated/Enumerated Powers: belongs to the national government only
● Reserved Powers: belongs exclusively to the states (10th Amendment)
● Concurrent powers: shared by federal and state governments.
● Grants: Categorical grants (more federalist) and block grants (more states)
Advantages of Federalism Disadvantages of Federalism
● Mass participation ● Lack of consistency
● Regional autonomy ● Inefficiency
● Government at many levels ● Bureaucracy
● Innovative methods (use states ● Resistance to national policies
for policy experimentation) ● Inequity in economy and race
● Diffusion of Power (single
political party cannot
dominate government)
● Diversity (electoral college)
Amendment Process
● Proposed amendment is introduced to Congress, and must be approved by a
2/3rds majority in each.
● 3/4ths of the state legislatures must ratify the amendment
● Call for a constitutional convention
Popular Sovereignty: Authority of a government is created and sustained by the
consent of its people.
Articles of Confederation
● Federalism: States/central government sharing governing responsibilities
● Negotiated the treaty that ended the Revolutionary War
● Northwest Ordinance: Framework for governing the Northwest Territory and
admitting new states to the Union on equal terms
● Weaknesses: Shays Rebellion (federal government had no power or money to
raise an army, states could ignore federal request due to decentralization),
could not enforce laws
Constitutional Convention
● Virginia Plan: Legislature based on population size
● New Jersey Plan: Legislature based on equal representation
● Great (Connecticut) Compromise: A bicameral with both
● Three Fifths Compromise: Blacks get a partial vote when apportioning seats in
the House of Representatives.
● Electoral College: Representatives + Senators (538 electors), needs 270+ to win
Bill of Rights
● 1: Religion, speech, press, assembly, petition
● 2: Bear of arms
● 3: No quartering soldiers (“three’s a crowd”)
● 4: No unreasonable search/seizure
● 5: Pleading the 5th
● 6: Fair/Speedy trial
● 7: Jury trial in civil cases
● 8: No cruel/unusual punishments
● 9: Rights beyond the constitution
● 10: Powers not given to the federal government belong to the states/people
Federalist Papers
● Federalist 10 (Madison): Factions can threaten democracy if they become too
powerful.
○ A large republic is the best way to limit factional tyranny because more
diverse interests= no single faction can dominate; Elected
representatives will filter extreme views
, ○ “A republic, by which I mean a government in which the scheme of
representation takes place, opens a different prospect…”
○ Justifies Constitution’s design over the Articles of Confederation
○ Dissent: Separate interests could tear the union apart
● Federalist 51 (Madison): Checks and Balances
○ “Ambition must be made to counteract ambition” (branches should
compete to limit tyranny)
○ The separation of powers prevents the concentration of authority
○ Federalism provides “double security” for liberty
○ “If men were angels, no government would be necessary”
○ Explains the Constitution’s structural protections against tyranny;
connects to checks/balances and federalism
○ Dissent: Eventually, one branch of government would hold more power
(LOOK WHAT HAPPENED THEY KINDA WERE RIGHT)
● Federalist 70 (Hamilton): President is good!!!
○ A unitary executive ensures accountability and quick action in crises
○ Rejects a multi person executive
○ “A feeble executive implies a feeble execution of the government”
○ Defends the presidency’s design, contrasts with Congress’s slowness.
🥀
○ Dissent: “you are giving control of the military to a single person, what
could possibly go wrong ”
● Federalist 78 (Hamilton): Judiciary’s role is the least dangerous. It is the check
on congress.
○ Judges need lifetime appointments (“during good behavior”)
■ GOOD BOY GOOD BOY GOOD BOY YOURE SUCH A GOOD BOY
○ Judicial review lets the court strike down unconstitutional laws.
○ Judiciary depends on the other branches to enforce rulings
○ “The interpretation of the laws is the proper and peculiar province of the
courts”
○ Dissent: Lifetime appointments could lead to corruption
Brutus
● Large Republic would be unable to understand people’s needs
● Necessary/Proper Clause and the Supremacy Clause= tyranny
● Standing Army could be used to dominate states
● Judiciary will overpower States
Constitution’s Powers
● Elastic clause: “make all laws” that appear “necessary and proper”
● Executive orders: directive issued by the president that manages operations of
the federal government
, ● Judicial Review
Federalism in relations to court
● McCulloch v. Maryland (1819): The court ruled that states did not have power to
tax the national bank. This decision reinforced the supremacy clause of the
constitution, where the Constitution “and the laws of the United States which
shall be made in pursuance thereof… shall be the supreme law of the land; and
the judges in every state shall be bound thereby”
● United States v. Lopez (1955): The case arose after a challenge to the Gun Free
School Zones Act of 19900, which banned the possession of handguns on
school property. The Court held that the commerce clause did not extend to
the regulation of the carrying of handguns. This ruling marked a new phase of
federalism, in which the importance of state sovereignty and local control was
emphasized.
Powers Under Federalism
● Delegated/Enumerated Powers: belongs to the national government only
● Reserved Powers: belongs exclusively to the states (10th Amendment)
● Concurrent powers: shared by federal and state governments.
● Grants: Categorical grants (more federalist) and block grants (more states)
Advantages of Federalism Disadvantages of Federalism
● Mass participation ● Lack of consistency
● Regional autonomy ● Inefficiency
● Government at many levels ● Bureaucracy
● Innovative methods (use states ● Resistance to national policies
for policy experimentation) ● Inequity in economy and race
● Diffusion of Power (single
political party cannot
dominate government)
● Diversity (electoral college)
Amendment Process
● Proposed amendment is introduced to Congress, and must be approved by a
2/3rds majority in each.
● 3/4ths of the state legislatures must ratify the amendment
● Call for a constitutional convention
