The Constitution
School House Rock
https://www.youtube.com/watch?v=yHp7s
MqPL0g
Challenges facing Framers
create coalition of merchants and planters for
new government
promote commerce/protect property
prevent excessive democracy
secure popular support
ensure government was not too strong to
threaten individual’s liberties
Article I, II
Article I
Doctrine of Expressed Powers
Economic
collect taxes, provide for the common defense
and general welfare of the United States; To
borrow money; regulate commerce with foreign
nations, uniform rule of naturalization,
bankruptcies; coin money, establish post offices
Military
declare war, raise army, navy, suppress
insurrections, organize militia
Article I
“To make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers, and all other powers
vested by this Constitution “
GOP constitutional-justification rule
"require each bill moving through Congress to
include a clause citing the specific
constitutional authority upon which the bill is
justified."
Prevent excessive democracy
How are governing institutions selected
House
Senate
President
Supreme Court
Secure popular support
American Political Thought
Consent of governed
Separated Power
No taxation without representation
Distrust of centralized authority
Where must bills for raising revenue originate?
Not threaten individual’s liberties
Section 9
No bills of attainder
No ex post facto laws
No suspending habeas corpus
Guarantee of trial by jury
Article II, The Executive
efficiency and effectiveness
of a strong executive versus
the potential for tyranny
Need executive to impart
energy to national government
make timely decisions
Scared about national mandate
Powers of President
Article 2, 300 words only
Veto legislation, commander in chief,
power to grant reprieves and pardons, make treaties,
appoint ambassadors, public ministers, judges and
all other office of US, receive ambassadors
give Congress information of the State of the
Union, recommend such measures as he shall judge
necessary and expedient, adjourn them if proper
take care all laws be faithfully executed
the executive power shall be vested in a President
“All men are created equal, that they are
endowed by their Creator with certain
unalienable Rights, that among these are
Life, Liberty, and the pursuit of Happiness”
We the people of the United States, in order
to form a more perfect union, establish
justice, insure domestic tranquility, provide
for the common defense, promote the
general welfare, and secure the blessings of
liberty to ourselves and our posterity, do
ordain and establish this Constitution for the
United States of America. Preamble
Federalist 10, James Madison
Greatest threat to democracy?
Implication?
Madison, Federalist #10
Faction: "A number of citizens, whether
amounting to a majority or a minority of the
whole, who are united and actuated by some
common impulse of passion, or of interest,
adverse to the rights of other citizens, or to
the permanent and aggregate interests of the
community."
Examples?
.
we will focus the
energy and resources
of our 3.2 million
members on
improving the quality
of teaching, increasing
student achievement
create and increase
opportunities for corn
growers.
maximize
opportunities for the
corn industry to meet
growing domestic and
global market demand
achieve lesbian, gay,
bisexual and
transgender equality.
end discrimination
against LGBT citizens
promote virtue by
upholding in culture
that which is right,
true and good
according to Scripture
motivate people to
take a stand on
cultural and moral
issues at the local,
state and national
The vision of Ducks Unlimited is wetlands
sufficient to fill the skies with waterfowl
today, tomorrow and forever.
AWWA work with EPA and other federal
agencies to ensure the development of
... regulations that affect the water
community.
Madison- on human nature
“A zeal for different opinions concerning religion,
concerning government, ..... an attachment to different
leaders, ....... have, in turn, divided mankind into parties,
inflamed them with mutual animosity, and rendered them
much more disposed to vex and oppress each other,
than to co-operate for their common good.”
“the most frivolous and fanciful distinctions have been
sufficient to kindle their unfriendly passions, and excite
their most violent conflicts. ”
Can we remove causes of
faction?
“destroy the liberty essential to their
existence.
Liberty is to faction, what air is to fire, an
aliment
give everyone the same opinions, passions,
and interests
ISIS, Iran, North Korea, Soviet Union
President’s Day, Martin Luther King Day,
Earth Day
Madison on “pure democracy”
" ...a pure democracy... can admit of no
cure for the mischiefs of faction. A common
passion ...by a majority of the whole; there
is nothing to check the inducements to
sacrifice the weaker party or an obnoxious
individual. ... such democracies (are)
incompatible with personal security or the
rights of property."
Madison- Federalist 10
Latent causes of faction are thus sown in the
nature of man.
“the most common and durable source of faction
has been the various and unequal distribution of
property” p. 18
Pure democracy has no cure for the mischiefs of
faction
Incompatible with personal security or the rights
of property. P. 20
Federalist 10,
Publius (aka James Madison )
What 2 strategies does Madison propose for
controlling the effects of faction?
Solution to Problems of Faction
Republican form of government  refine and enlarge
the public views, “more consonant to the public good
than if pronounced by the people themselves”
“Extend the sphere and you take in a greater variety of
parties and interests, and you make it less probable that
a majority of the whole will have a common motive to
invade the rights of other citizens.”
“The smaller the society, the more frequently will a
majority be found of the same party. More easily will
they concert and execute their plans of oppression.”
Brutus
Brutus on human nature and factions?
The problems of large republics?
The benefits of small republics?
Brutus’s
Reply
In a republic, the manners, sentiments, and interest of the
persons should be similar (or else) constant clashing of
opinions. If this be not the case, there will be a constant
clashing of opinions, and the representatives of one part
will continually be striving against those of the others.”
In a large republic “the people would be acquainted with
very few of their rules, the people at large would know
little of their proceedings, and it would be extremely
difficult to change them. The consequence will be, they
will have no confidence in their legislature, suspect them
of ambitious views, be jealous of every measure they
adopt, and will not support the laws they pass.”
Brutus’s Crystal Ball
Strong national government will be distant
from the people
Use those powers to annihilate the functions
tat belonged to the states
Congress would tax heavily
Supreme Court would overrule state courts
President would come to head a large
standing army.
Anti-federalists
small republic is best
People are animated by a concern for public
good
strong national government would be
distant from the people
Madison, Federal #51
Is a large republic enough to prevent
tyranny of the majority?
Federalist #51, Madison
Ambition must be made to counteract ambition. If
men were angels, no government would be
necessary. If angels were to govern men, neither
external nor internal controls on government would
be necessary
In framing a government which is to be
administered by men over men, the great difficulty
lies in this: you must first enable the government to
control the governed; and in the next place oblige it
to control itself.
Checks and Balances
#51, Ambition must be made to counteract
ambition. The interest of the man must be
connected with the constitutional rights of
the place.
Federalist 51
each department should have a will of its own; and consequently
should be so constituted that the members of each should have
as little agency as possible in the appointment of the members of
the others
giving to those who administer each department the necessary
constitutional means and personal motives to resist
encroachments of the others.
the private interest of every individual may be a sentinel over
the public rights.
How does the Constitution do this?
“Personal Motives”
House of Representatives= only directly
elected officials; every two years
Senate= every six years; are selected by State
legislatures until 1913
President= selected by electoral college; state
legislatures; no popular vote
Judiciary= appointed by President, confirmed
by Senate. Life-time appointment
“Constitutional Means”
(aka- Checks and Balances)
President can nominate judges; propose, veto
laws, appeal to public
Congress- approves budget, impeach
president and judges, determine number and
jurisdiction of courts, Senate confirms judges
Courts- can declare executive actions and
laws unconstitutional.
Comparison with UK
Prime minister chosen by majority party.
No judicial review
control and responsibility concentrated in
legislature
Same electoral base
No checks and balances
Separation of Powers
Limit the power of government
Limit democratic majoritarianism (aka
Tyranny of the Majority)
Policy should not reflect majority public
opinion
Requires high level of societal consensus
before government action