Reading the Constitution
Jan 5, 2011
Robert Goodlatte (R-VA6)
“Throughout the last year there has
been a great debate about the expansion
of the federal government, and lots of
my constituents have said that Congress
has gone beyond its powers granted in
the Constitution.”
Constitution Center, Philadelphia
What constitutions do
destroy old regime
structure governing
institutions
manage political
conflict
empower institutions
to make decisions and
take action
limit government
power.
Beau Breslin, Chief Academic
Officer at Skidmore
Why constitutions matter
fundamental rules of governance to
be used for future collective decisions
in a society.
specify the constraints placed on
governments and individuals
they establish the incentive structure
for the future.
“economically efficient rules that
promote the interests of society as a
whole rather than the interests of any
particular group, Buchanan and
Tullock
American Political Thought
Political Thought
Consent of governed
Separated Power- Locke
Colonial Experience
• No taxation without
representation
• Distrust of centralized
authority
Consent of governed
Separation of power
Strange women lying in ponds distributing swords is no basis for a
system of government. Supreme executive power derives from a
mandate from the masses, not from some farcical aquatic ceremony.
• No taxation without
representation
• Distrust of centralized
authority
Articles of
Confederation
No executive
Limited powers for Congress
no means of collecting revenue
Each state has one vote
Super-majority of 9 votes
required
WHY?
The Articles’ Deficiencies
Economic
Limited trade among states
Radical Legislatures in PA and RI– paper $$
Frontier
Foreign
Increasing foreign threats- Spain, England
National government was TOO weak
What constitutions do
destroy old regime
structure governing institutions
empower institutions to make decisions and
take action
limit government power
“economically efficient rules that promote
the interests of society as a whole rather
than the interests of any particular group,
Shay’s Rebellion
Economic recession
Daniel Shay and poor
farmers
Local courts and
legislature
National government
has no troops
Implications?
Constitutional Convention
“I have no doubt that all their other measures will be good and wise. It is really
an assembly of demigods.” Thomas Jefferson letter to John Adams 1787
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
Two Main Cleavages
Small states versus large states
North versus south on slavery
"Great Compromise"
Status Quo
Virginia Plan
New Jersey plan
Connecticut compromise
The House based on population
Senate treats each state equally
32mill. residents, CA = 2 seats,
21 states = 42 seats
Iowa
Mississippi
Kansas
Arkansas
Utah
West Virginia
New Mexico
Nebraska
Nevada
Maine
Hawaii
Idaho
New Hampshire
Rhode Island
Montana
South Dakota
Delaware
North Dakota
Alaska
Vermont
Wyoming
Scavenger Hunt
What did the Constitution say about 3
slavery issues?
What are the exact words the Constitution
uses to identify slaves in each of these
sections
Southern Position
Williamson, NC- “The Southern states
could not be members of the Union if the
clauses should not be rejected.”
Charles Pickney (SC) “...if himself and all
his colleagues were to sign the Constitution
and use their personal influence, it would be
of no avail toward obtaining the assent of
their Constituents.”
Source: James Madison’s notes in Max Farrand, The Records
of the Federal Convention of 1787,
Why the 3/5ths Compromise?
Long term implications?
Were there alternatives?
Gouverneur Morris
“On the other side the Southern States are
not to be restrained for importing… nay
they are to be encouraged to it by an
assurance of having their votes in the Natl.
Govt. increased in proportion…”
“What is the proposed compensation to the
Northern States for a sacrifice of every
principle of right, of every impulse of
humanity?”
promote commerce/protect property
Of the enumerated powers granted to
Congress in Article I, Section 8, how many
would you classify as economic/
commercial, political, military, or other?
The original Constitution explicitly
mentions only 1 “Right”. What is it?
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