Philosophical%20Origins%20of%20Democracy

1
Philosophical Origins of Democracy

• Ancient Greece
• Rome
• Magna Carta, Iroquois Constitution, etc.

2
John Lockes Influence on the Constitution

• Law of Nature that all humanity have in common.
  
• Golden Rule No one ought to harm another in his
  life, health, liberty, or possessions.
• LEGITIMATE government only exists if people give
  their CONSENT.
• Government COULD give some guarantees of life,
  liberty and property Natural Rights of humans.

3
John Lockes Influence on the US Constitution

• Government based on natural rights.
• CIVIL RIGHTS
• POLITICAL RIGHTS
• SOCIAL CONTRACT
• EQUAL PROTECTION!

4
Lockes Influence on Thomas Jefferson

• Purpose of government is to protect natural
  rights. (Declaration of Independence)
• Ways of giving consent
• Explicit
• Implicit
• Fundamental Law
• Right of Revolution

5
How to Guarantee Respect for Fundamental Law?

• Checks and Balances system.
• Example The President can ask for a declaration
  of war but Congress has to choose to give it.
• The President has to ask for it before Congress
  can create it.

6
Alternatives for government

• Democracy (town hall model)
• Republic government
• Examples of city-states in Italy and Cantons in
  Switzerland.

7
Why Classical Republicanism as a Model?

• Goals were for the common good
• Promote civic virtue (public spiritedness)
• Moral education (this class)
• Small communities
• Would only work in small populations with no
  diversity.

8
(No Transcript)
9
Natural Rights v. Classical Republicanism

• Stressed the rights of the individual of life,
  liberty and property
• Right to individuality
• Right to believe

• Stressed promoting the common good above the
  rights of individuals.
• Need for conformity
• Uniform religion

10
Baron de Montesquieu

• Advocated a divided and balanced power of
  government.

11
British Influences on the US Constitution

• Magna Carta (1215) was a contract forced on King
  John. The tenets include
• Govt. based on rule of law.
• Basic rights govt. cant deny.
• Govt. based on contract between ruled and ruler

12
The English Bill of Rights

• Result of The Glorious Revolution in 1688.
• Rule of law
• Parliamentary supremacy
• Government by contract and consent

13
Now to America .

• The Mayflower Compact
• Covenant social charter to create an assembly
  to make decisions.
• Return to nature in Lockes theory.

14
The Fundamental Orders of Connecticut

• Created 1735 as first real US Constitution
• Fundamental rights
• Rule of law
• Separation of powers
• Executive branch (governor)
• Legislative branch
• Judicial branch (magistrates)

15
Example of Checks and Balances in Connecticut

• Governor appointed by king, but couldnt collect
  taxes w/o consent of legislature, or imprison w/o
  trial by a magistrate, or set salary for
  themselves.
• Legislature relied on governor to enforce laws
  they passed or the veto power on the governor.
• Judges appointed by gov./ could be removed by
  legislature.

16
So Where Did We Differ From England?

• SUFFRAGE the right to vote.
• Any MAN who owned 50 acres could vote.
• Did NOT include slaves, Native Americans or women.

17
American Revolution led to creating a constitution

• Two plans to choose from
• Virginia Plan
• New Jersey Plan

18
The Virginia Plan

• Proposed a strong national government.
• National govt. would have power to make and
  enforce its own laws and to collect its own
  taxes.
• Citizens under two authorities State and Federal

19
The Virginia Plan

• Three branches would make up government
  Executive, legislative and judicial.
• Proportional representation based on population.

20
The New Jersey Plan

• Equal representation!
• Little power to federal government. Wanted to
  keep the Articles of Confederation.