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Constitution's Distrust of Government & Democracy

The US Constitution reflects a distrust of both government and democracy in several ways: It separates powers between the three branches of national government and between national and state governments. It insulates many government offices from direct election by the people, such as originally having Senators elected by state legislatures and the Supreme Court nominated by the president and Congress. It also reflects a compromise to count three-fifths of slaves to boost representation of Southern states, increasing their influence in government. The electoral college system for electing the president also reflects a distrust of direct democracy.

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4K views11 pages

Constitution's Distrust of Government & Democracy

The US Constitution reflects a distrust of both government and democracy in several ways: It separates powers between the three branches of national government and between national and state governments. It insulates many government offices from direct election by the people, such as originally having Senators elected by state legislatures and the Supreme Court nominated by the president and Congress. It also reflects a compromise to count three-fifths of slaves to boost representation of Southern states, increasing their influence in government. The electoral college system for electing the president also reflects a distrust of direct democracy.

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How does the US Constitution reflect

both the founders distrust of


government and democracy?

How did the constitution reflect both a distrust of


government and democracy?
Distrust of Government:

separation of powers within the


national govt
division of powers among
national and state governments
House of Representatives (the
peoples house

Distrust of Democracy

Many government offices


insulated from the people
Senate (originally)
Electoral college elects the
president
National protection of slavery
and against domestic
insurrections (unrest)
Supreme Court chosen by least
democratic branches (Pres. w/
Senate approval)

A republic, sir, if
you can keep it.
- Ben Franklin

COMPROMISE: HOW SHOULD STATES BE REPRESENTED?


HoW

DID THIS PLAN REFLECT THE


FEAR OF GOVERNMENT AND THE
FEAR OF DEMOCRACY?

Why have 3 branches?

Why have a two House


legislature?

Compromises regarding slavery


Settled dispute between Northern and Southern states, the
latter of which wished to boost its representation in the
House and the Electoral College by counting slaves toward
the population of each state.
THE THREE-FIFTHS COMPROMISE DETERMINED
THAT THE NUMBER OF ALL SLAVES IN A
GIVEN STATE WOULD BE COUNTED FOR PURPOSES
OF REPRESENTATION
ULTIMATELY THIS MEANT WHITE SOUTHERN MALES
HAD DISPROPORTIONATE INFLUENCE IN HOUSE AND
ELECTORAL COLLEGE

The Three Fifths Compromise


Representatives and direct Taxes shall be
apportioned among the several States which may
be included within this Union, according to
their respective Numbers, which shall be
determined by adding to the whole Number of free
Persons, including those bound to Service for a
Term of Years, and excluding Indians not taxed,
three fifths of all other Persons.

OTHER PROTECTIONS OF SLAVERY IN THE CONSTITUTION

Slave trade compromise: Congress was prohibited from


interfering with the international slave trade for 20
years (as they now controlled interstate commerce)

Fugitive slave clause required all states to return


runaways to the state from which they came

Domestic violence clauses provided national protection


for states threatened with domestic violence (ie.
Shays Rebellion; slave revolts)

Separation of Powers within the Federal Gvt


IN PART to prevent a
dangerous concentration of
powers by dividing and
overlapping powers in 3
branches (Montesquieu)
YET:
the President given veto
power over the only
branch of gvt elected
directly
Supreme Ct chosen by the
least democratic
branches

How does the process for electing the President reflect the founders distrust of
democracy AND govt?
ELECTORAL COLLEGE - electors nominated by state political
parties or state legislatures
Number of electors per state is based on number of
Congressmen + Senators in given state
Winner takes all system: each state gives all electoral votes
to the party with the majority votes
WHY?
- To insulate the presidential office from the direct voices
of the people.
- To give numeric advantages to the smaller states (min.
electors =3) who feared domination in all elections

2012 Electoral College - 538 Electors Total = 435 (no. in Congress) + 100 (no. in Senate) + 3 DC
Barack Obama (D): 332
Mitt Romney (R): 206

2000
Election

Bush (R): 50,456,003 (47.9%) -- 271 electoral college


Gore (D): 50,999,897 (48.4%) -- 266 electoral college

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