Declaration of Independence
Set out theoretical framework of what a government should do – the government
came later…
The Articles of Confederation
- Created during the Revolution (in 1781) to unify colonies against Britain
- Writers were leery of a powerful central government
- Each state retained its “sovereignty, freedom, and independence”
- Congress to provide for national defense but no power to do so
- Congress was not allowed to interfere with states’ commerce
Why did this government fail?
The Framers’ Goals
- Stronger national government
- Preserve states as viable governments
- Preserve liberties through checks and balances on power
- Based on popular sovereignty
- Restricted in uses of power
- Give the people a voice in government
The Virginia (Large State) Plan - provided that the states would have numerical
representation in Congress in proportion to their populations
The New Jersey (Small State) Plan – called for states to have equal representation
in Congress.
The Great Compromise - provided for a bicameral (two-chamber) Congress: the
House of Representatives would be apportioned among the states on the basis of
population and the Senate on the basis of an equal number of votes (two) for each
state.
Federalists vs. Anti-Federalists
Rule of Law: principle that government authority is exercised only in accordance
with established laws – everyone is bond by them, no one is above the law
Limited Government - a government that is subject to strict limits on its lawful
uses of powers and hence on its ability to deprive people of their liberty.
Checks and Balances - the elaborate system of divided spheres of authority
provided by the U.S. Constitution as a means of controlling the power of
government. Separation of powers among the branches of the national government,
federalism, and the different methods of selecting national officers are all part of
this system.
Separation of Powers - a way to check power with power by dividing the
authority of government so that no single institution could exercise great power
without the agreement of other institutions.
Denials of power in the Constitution
- Writs of habeas corpus - Meaning "to free the body," it is a mandate for
inquiring into the lawfulness of the restraint of a person imprisoned or detained in
another's custody. It gives a prisoner or arrestee the right to appear before a judge
or court to justify his or her arrest or imprisonment.
- Ex post facto laws - After the fact, ordinarily used in reference to constitutional
prohibition on ex post facto laws. For example, a person cannot be punished for
conduct committed before a criminal law was enacted.
- Bill of Rights - Protection of individual civil liberties, added later – the first 10
amendments
Judicial Review - the power of courts to decide whether a governmental official or
institution has acted within the limits of the Constitution and, if not, to declare its
action null and void; initiated by the precedence of Marbury v. Madison (1803).
Limited Popular Rule (in the Original Constitution)
- House of Representatives–direct popular election
- Senators–appointed by legislatures
- Presidents–elected by Electoral College
- Judges–nominated by President and confirmed by the Senate
Trustees - the idea that elected representatives are obligated to act in accordance
with their own consciences concerning which policies are in the best interests of
the public.
Delegates - the idea of elected representatives as being obligated to carry out the
expressed wishes of the electorate.
Politicos – combination of the two above, representatives are rational actors and
act as both trustees and delegates depending on the situation
Types of Power outlined in the Constitution
Enumerated Powers (expressed powers) - powers specifically listed in Article I,
Section 8 of the Constitution as being granted to the Congress. These powers
include taxation and the regulation of commerce as well as the authority to provide
for the national defense.
Implied powers - powers claimed by Congress which are not specifically
enumerated in the Constitution, but are implied.
The "necessary and proper" clause (elastic clause) refers to the authority granted
to Congress in Article I, section 8 of the Constitution "to make all laws which shall
be necessary and proper" for the implementation of its enumerated powers.
Reserved powers – the powers granted to the states under the Tenth Amendment.
It states that “[t]he powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively, or to the
people.”