Founding Fathers' Vision: Constitutional Democracy's Birth

The Founding Fathers established a constitutional democracy in the United States to limit government, protect rights and freedoms, and leave the governing power in the hands of the states and the people. They were wary of a direct democracy, which they saw as mob rule, and instead opted for a representative democracy, or a republic, where the people would elect representatives to govern on their behalf. They also wanted to avoid the pitfalls of a monarchy, having just fought a war for independence from the British monarchy. The Founding Fathers were among the wealthiest people in the colonies, and they expected this elite class to continue guiding the nation. They did not foresee the expansion of democracy's role in government, which has seen “the people become more involved in the democratic process over time.

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Fear of 'mob rule'

The Founding Fathers were an elite class, and they feared "mob rule". They did not trust the masses to make decisions that would steer the state. They were opposed to a direct democracy, in which the people determine policy themselves instead of having representatives make decisions for them. They believed that a representative democracy was the best option for the new nation. Alexander Hamilton, for example, stated:

> "But a representative democracy, where the right of election is well secured and regulated & the exercise of the legislative, executive and judiciary authorities, is vested in select persons, chosen really and not nominally by the people, will in my opinion be most likely to be happy, regular and durable."

The Founding Fathers did not want a pure democracy, nor a monarchy, but a republic. As Benjamin Franklin said: "A Republic, if you can keep it." They wanted to limit government, protect rights and freedoms, and leave governing power in the hands of the states and the people. They did not want a direct democracy where all Americans would get to vote on all issues. Instead, they expected the common people to participate indirectly through local government, town halls, meetings, and protests. They also wanted to avoid the "pitfalls" of a majority rules democracy, which they believed could dissolve into anarchy.

Aversion to direct democracy

The Founding Fathers of the United States were among the wealthiest people in the colonies when they drafted and signed the Constitution. They were opposed to a direct democracy, where the electorate determines policy themselves, and instead favoured a representative democracy. They did not trust the masses to make decisions that would steer the state and saw democracy as mob rule.

Alexander Hamilton, for example, stated:

> "But a representative democracy, where the right of election is well secured and regulated & the exercise of the legislative, executive and judiciary authorities, is vested in select persons, chosen really and not nominally by the people, will in my opinion be most likely to be happy, regular and durable."

James Madison wrote in Federalist No. 39:

> " [W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior."

The Founding Fathers were aware of the many sources of political philosophy at the time, including ancient Rome, Athens, and the Iroquois nation. They were also aware of the perils of direct democracy, believing that it might dissolve into anarchy. They favoured a mixed government, containing both republican and democratic features, as the most resilient system.

The Framers of the Constitution limited the democratic elements incorporated in the document, creating a government by "We the People". They saw to it that only one part of one branch of the federal government, the House of Representatives, is popularly elected by the people. The Electoral College chooses the president, the commander in chief selects the Supreme Court justices and, originally, senators were selected by state legislatures.

The Founding Fathers expected the common people, the poor and uneducated, to participate indirectly, through their local government, at town halls and meetings, and through protest actions like boycotts. They did not want to restrict all kinds of political participation, but they were particularly concerned about populism and mob rule.

Influence of ancient political philosophy

The Founding Fathers of the United States were influenced by ancient political philosophy in establishing a constitutional democracy. Most of them were educated and aware of the political philosophies of ancient Rome, Athens, and the Iroquois nation. They were also influenced by ancient Greek and Roman thought from the classical period of Greek philosophy in the fifth century BCE to the end of the Roman Empire in the West in the fifth century CE. This period saw the development of political philosophy as a genre by Plato and its reinvention by Aristotle, encompassing reflections on the origin of political institutions, concepts for interpreting and organizing political life, and the relative merits of different constitutional arrangements.

The Founding Fathers' establishment of a constitutional democracy was influenced by ancient Greek philosophers such as Plato and Aristotle, who classified types of constitutions or "politeia". Aristotle identified three "good" regimes: monarchy, aristocracy, and a moderate form of democracy, as well as their three "perversions": tyranny, oligarchy, and a bad form of democracy. These classifications informed the discussion of politics in the context of the "mixed regime" of the Roman Republic, which aimed to combine elements of all three good regimes. The idea of a “mixed regime” or “mixed constitution" also appeared in Plato's "Laws," where politics aimed at the virtue of all citizens, and citizens played a part in holding civic offices, resulting in a mixture of monarchy and democracy.

The Founding Fathers' decision to form a representative democracy, or a republic, was influenced by their fear of "mob rule" and their belief that the masses were not capable of making decisions that would steer the state. They sought to avoid the pitfalls of both majority rule democracy and monarchy. This sentiment is reflected in Alexander Hamilton's statement:

> [A] representative democracy, where the right of election is well secured and regulated & the exercise of the legislative, executive and judiciary authorities, is vested in select persons, chosen really and not nominally by the people, will in my opinion be most likely to be happy, regular and durable.

The Founding Fathers' establishment of a constitutional democracy was also influenced by the ancient Greek concept of "demokratia," or "rule by the people," which first emerged in the city-state of Athens in the 5th century BCE, marking the world's first experiment in democratic governance. While ancient Athens' democracy differed significantly from modern democracy, it laid the foundation for the ongoing experiment in shared governance that has evolved over millennia.

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Weakness of the Articles of Confederation

The founding fathers of the United States established a constitutional democracy—a republic—to avoid the pitfalls of both a majority-rules democracy and a monarchy. They were wary of democracy, or what they saw as "mob rule", and debated how the new government should be structured. The founding fathers were also opposed to a hereditary monarchy. Thus, the notion of a representative democracy emerged as the best option.

The Articles of Confederation, composed in 1777 and ratified in 1781, was the first written constitution of the United States. However, it had several weaknesses, including:

• Weak central government: The Articles of Confederation created a very weak central government that lacked the power to manage trade, print a single currency, or pass and enforce laws that all states would agree to.
• Inability to levy taxes: Congress lacked the authority to levy taxes and could only request that states contribute to the common treasury. However, states often did not comply with these requests, leading to financial difficulties.
• Lack of regulatory power over commerce: Congress did not have the power to regulate commerce, which made it challenging to protect and standardize trade between foreign nations and the various states.
• Legislative challenges: The Articles of Confederation required that all amendments be ratified by all thirteen states, and important legislation needed the approval of nine states. This often led to legislative proposals being defeated due to absent delegations or states withholding their consent.
• Difficulty in conducting foreign policy: Congress could negotiate treaties with foreign powers, but these treaties had to be ratified by the individual states. Even after a treaty was approved, Congress lacked the authority to enforce its stipulations, leading to doubts among foreign nations about the value of such treaties.
• Limited authority over states: Congress could not act directly upon the states or individuals, making it challenging to enforce its decisions and maintain a unified nation.

Belief in a mixed government

The Founding Fathers of the United States were among the wealthiest people in the colonies when they drafted and signed the Constitution. They were decidedly opposed to a direct democracy, in which the electorate determines policy themselves. They did not trust the masses to make decisions that would steer the state and instead believed in a representative democracy, where the right of election is well secured and regulated, and the exercise of legislative, executive, and judiciary authorities is vested in select persons chosen by the people. This was to be a government by "We the People", but one in which the common people, the poor, and the uneducated participated indirectly through their local government, at town halls and meetings, and through protest actions like boycotts.

The Founding Fathers were educated men and were aware of the various sources of political philosophies at the time, including ancient Rome, Athens, and the Iroquois nation. They were eager to shed a monarchical system that had endured for hundreds of years, but they were also uncomfortable with democracy, or what they saw as "mob rule". They believed that a mixed government, containing both republican and democratic features, would be the most resilient system.

The United States was thus established as a republic, a form of government that derives all its powers directly or indirectly from the great body of the people and is administered by persons holding office for a limited period. James Madison wrote in Federalist No. 39:

> [W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.

Alexander Hamilton, another Founding Father, also expressed his support for a representative democracy, stating:

> [A] representative democracy, where the right of election is well secured and regulated & the exercise of the legislative, executive and judiciary authorities, is vested in select persons, chosen really and not nominally by the people, will in my opinion be most likely to be happy, regular and durable.

The Founding Fathers, therefore, established a constitutional democracy, or more specifically, a constitutional republic, as a middle ground between absolutism and popular sovereignty.

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