The Constitution
Texas v. Johnson
1989
England’s
relationship with
the colonies was
positive…
…that relationship changed after
the French-Indian War
Colonies Under the Brits
Unitary System – all
power flows from one
central government
Powerful British
Government
Colonists thought Britain
was a parasite sucking
the life from them.
Parliament (and the
King) determined who
the colonies traded with,
what taxes they paid,
and denied them
representation in
Parliament.
Political Subunits (Colonies)
Natural rights exist SEPARATE from
government- the State does not grant
them
http://history.wisc.edu/sommerville/367/367-04.htm
"…the figure of
God's majesty,
His captain,
steward, deputyelect,
Anointed,
crowned,…“
Richard II
William
Shakespeare
Divine Right theory- government is
http://www.bbc.co.uk/iplayer/images/episode/b0080xph_640_360.jpg
Social Contract Theory
■ John Locke and Thomas
Hobbes
■ Government “derives from a
mandate from the masses...”
■ Government “of the people
(by the people for the
people)”
Social Contract Theory: Locke and Hobbes
Limited government
is the best way to
protect our liberties
Strong government
best protects our
liberties
Abraham Bosse
People form governments to escape the state of
nature
http://www.flickr.com/photos/56358713@N00/3184924900/
State of
Nature:
Life is
Solitary…
In such condition, there is no place for
industry; because the fruit thereof is
uncertain: and consequently no culture of
the earth; no navigation, nor use of the
commodities that may be imported by sea;
no commodious building; no instruments of
moving, and removing, such things as
require much force; no knowledge of the
face of the earth; no account of time; no
arts; no letters; no society; and which is
worst of all, continual fear, and danger of
violent death; and the life of man, solitary,
poor, nasty, brutish, and short.
Hobbes and the role of gvt.
■ preserving life as most important role of gvt.
■ Leviathan (1651)
■ Leviathan- all powerful ruler
■
■
■
■
Biblical sea monster
All powerful gvt. needed to preserve order
We give up rights to this leader for safety
People support the King and his family through taxes
■ Famous quotes
■
■
“state of nature”
Life is “solitary, poor, nasty, brutish, and short”
■ Hobbes argues for order over both freedom and equality
■ Hobbes is used to support monarchy, strong executive,
and big brother style policies
Social Contract Theory: Locke and Hobbes
Limited government
is the best way to
protect our liberties
Strong government
best protects our
liberties
Locke’s Theory
State of Nature
■ State of Nature
existed before
government
■ People had total
freedom
■ Natural Rights to
life, liberty, and
property
Social Contract


People desire
protection of
their natural
rights so they
form
government (a
social contract)
“Safety in
Numbers”
Dissolution

If gov’t
doesn’t
adequately
protect natural
rights, the
people have
an obligation
to dissolve
government
The Articles of Confederation was the governing
document of the newly independent states during
the Revolutionary War
Articles of Confederation
1781-1789
Confederal System – power
concentrated in political subunits with
a weak central government (typically
unite for a specific common goal)
Once independent, the
colonists completely flipflopped the government
system figuring that the
opposite of Britain’s
government had to be
better…it wasn’t. A strong
central government like the
British system was
unthinkable, so they made
the central government very
weak. Confederacies are
inherently unstable.
Weak Central
Government
Articles of Confederation
■ Weak, decentralized national
government
■ Reasons for failure
■
■
■
■
No independent leader
No power to tax
No power to regulate commerce
Unanimous consent to amend
“Revising” the AoC – The
Constitutional Convention
■ Madisonian Model
■
■
■
■
Separation of Powers
Checks & Balances
Limits on majority rule (remember
the Founders’ fear of pure/direct
democracy?)
Madison was one of the main
contributors to the Federalist Papers
■ Read Federalist 51 excerpts
“If men were angels,
no government would
be necessary.”
Crab Bucket Theory
“Ambition must be made
to counteract ambition”
The First Federal System
Federal System – a
blend of Unitary and
Confederal systems.
The Constitution created
the first federal system in
the world. It is now
widely copied around the
world.
Bi-directional arrow shows that the
squares have some powers that the
circle doesn’t (and vice versa).
Peanut-Butter-Chocolate Time!
Chocolate
government is
delicious
especially after
Britain’s
domination
over us, but we
crumble
easily…
Peanut butter
government is
delicious but some
people think it’s too
sticky in their lives.
Centralized
Decentralized
Conflict & Compromise in
Philadelphia
■ Representation
■
■
Virginia Plan vs. New Jersey Plan
Great (Connecticut) Compromise
■ Slavery
■
■
3/5 Compromise
Import Compromise
■ Bill of Rights
■
Who
gets
what,
when,
and
how.
Promise to enshrine additional limits
on the government to get votes for
ratification.
Separation of Powers
■
■
■
■
Legislative- writes laws
Executive- enforces laws
Judicial- interprets laws
Powers are shared so that no
one branch has too much
■ Men aren’t angels… (Fed #51)
■ Compare to Parliamentary
form…
Checks and Balances
■ Each branch has power to
influence the other
■ Ambition checks ambition…
(Fed #51)
Republicanism
■ Elected representatives govern
FOR the people
■ Indirect democracy
Federalism
■ Power divided between central
(circle) and local (squares)
■ Power flows BOTH ways
■ Continual reinterpretation
changes application of FISM
Formal Means to
Change the
Constitution
Used 26 times
Used 1 time (21st)
NEVER Used
PROPOSAL STAGE
RATIFY STAGE
EITHER…PROPOSED by
2/3 vote in BOTH Houses
of Congress
RATIFIED by the
legislatures of 3/4 of the
states
OR…PROPOSED by a
national convention called
by Congress at the
request of 2/3 of the states
RATIFIED by conventions
in 3/4 of the states
(Constitution originally
ratified by conventions)
Proposal- first
step in the
process
Ratification- the last step in
the process
The 27th Amendment
■ Congresspersons must wait for
an election of representatives
before receiving a pay raise
■
■
Amendments usually have a 7-year
ratification time limit, the 27th did not
have a limit when proposed in 1787
Grad student discovered the Amendment
in 1982 and it was ratified in 1992
■ Only 6 amendments that have
been proposed by Congress
have failed (ERA)
■
List of failed Amendments
The other “lost”
Amendment had
to do with how
representatives
are apportioned in
the House.
The 28th Amendment?
■ Most Amendments have expanded equality,
overturned SCOTUS decisions, created policy, or
changed government structure.
■ The next Amendment?
■
■
■
■
■
■
■
■
■
■
Elimination of the Electoral College – overturn 12th
Eliminate “lame-duck” pardons
Life Begins at Conception – overturn Roe v. Wade
2/3 vote in Congress to raise taxes
Allow recall of Reps and Senators
Forbid desecration of the flag – overturn Texas v. Johnson
Make English official language
Representation and taxation in DC
Schwarzenegger amendment
Stop governors from appointing vacant senators (Blogo Amend).