Constitutional Underpinnings of the U.S.

Government

Britain had a need for colonies.• A place to get resources• A market for finished goods• A place to send debtors and religious freaks

Britain had a need for colonies.• A place to get resources• A market for finished goods• A place to send debtors and religious freaks

How did they screw it up?• Taxation without representation• Arrogance• Failure of Parliamentary system

Well, you know, we all want to change the world.

Colonists are equal citizens!• We are dissolving political bands• Everyone has the rights to life, liberty, etc.• Governments get their powers from the

consent of the governed• We have the right to alter or abolish a faulty

government• King George III heads a faulty government

The Abuses of King George III• Refusal to approve good laws and violated

others• Forbidden effective local governance• Forced the abdication of representation• Handicapped legislatures• Manipulated immigration, judges, and officials• Presence of troops immune to civilian guidance• Cut off trade and imposed unfair taxes• Effectively declared war against the colonies

What sort of people declare themselves free and independent, with no place to go, and no plan for how to govern themselves?

• (Perhaps a question for rebellious teenagers!)

Basic Terminology

Politics•From the Greek word “polis”

Power Authority Legitimacy Democracy

•From the Greek word “demos”•Ochlocracy?

Who has power in your life?

Where do they get the authority to have it?• How has that changed throughout history?

What creates the legitimacy for them to hold that power?

Have you heard of Niccolo Machiavelli?

To what extent should schools, unions, businesses, churches, or families be democratic?

Is Democracy really the very best possible governmental system?

Are we too dumb to understand the complexity of national issues?

How often do we fall prey to demagogues?• Does any politician tell the whole truth?

Two Major Questions

Who should govern?

What should be their ends?

Make a list of qualifications to be a “public servant”• What kind of person do we want?• Does it matter?

How clearly stated are our goals?• What do we want our government to DO?• How extensive should they be?• Should taxes/spending go up or down?

Have you ever heard of “Fiscal Policy”?• If we lower taxes, we must reduce govt.

spending• With less income, we must cut some services

If we spend or borrow less, what do we cut, or who do we choose to hurt?

Where is the line drawn between where the government should and should not be involved?

“Indeed, one of the most striking transformations of American politics has been the extent to which, in recent decades, almost every aspect of human life has found its way onto the governmental agenda.”

Articles of ConfederationWhere did we fail?

States had too much power Could print money, but it was “not

worth a Continental” Tax collections were unenforceable The Federal Govt. defaulted on its debts Individual states violated the Treaty of

Paris Daniel Shays’ Rebellion could not be

stopped effectively

A meeting of the minds…

The Coming of the Constitution

“Everybody present was quite familiar with the traditional arguments and, on the whole, well-read in history.”

Representative Democracy

Who can become a leader?

How does the struggle to “win the vote” play out?

What is the leader’s freedom to act?

What influences the leader’s actions?

JAMES MADISON

The Ultimate Federalist

Our Federal government needs the power of taxation, and collectors of revenue.

James MadisonFederalist No. 51

“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.”

PATRICK HENRY

The Ultimate Anti-Federalist

A central government will never stop growing, and taxes will never stop increasing.

ARISTOTLE

“Rule of the many”

Best combo uses Oligarchy

JOHN LOCKE

“Life, liberty, and property…”

We do not need Absolutism

THOMAS HOBBES

“…nasty, brutish, and short…”

Leviathan

Gotta love Absolutism

JEAN-JACQUES ROUSSEAU

The Social Contract

Autonomy with Interdependence

BARON CHARLES de MONTESQUIEU

De l’Esprit des Lois Most-quoted

theorist Separation of

Powers 3 Branches “Republics rely on

virtue…”

ADAM SMITH An Inquiry into the

Nature and Causes of the Wealth of Nations

The power of self-interest

The Invisible The Invisible HandHand

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

To what extent is democracy driven by self-interest?

How do we explain the social, economic, and civic changes that have come about through “public servants”?

Why do our beliefs about what government should do change over time?

Majoritarian Politics?Power Elites?

Majoritarian Politics?Power Elites?

Class View?

•Reflective of the dominant social class

•Karl Marx

•Who became the “elite”?

Majoritarian Politics?Power Elites?

Power Elite View

•Control by officials of large organizations

•Run things but don’t get elected

Majoritarian Politics?Power Elites?

Bureaucratic View

•Appointed bureaucrats run the government

•Max Weber

•Do all the work, and create the policies

Majoritarian Politics?Power Elites?

Pluralist View

•Many, varied groups compete for power

•Kind of a combination

Give various arguments about how each of these views is evident in the U.S. today.

Evaluate the benefits and dangers of each type.

True or False: “The tyranny of the majority can be an even graver threat than rule by a few.”

How important is it for us to protect those “nutjobs” who rave about political issues that most of us are perfectly OK with?

Let’s Write A Constitution!

Strong National Union 3-Branch Government Bicameral Legislature Congress is constructed through

Direct Democracy Congress is the Ultimate Power.

• Selects President, Senate, and Judiciary• Can Veto State laws!!!

How would our nation look different today had the Constitution followed the Virginia Plan?

“Let’s just amend the Articles of Confederation.”

Each State has 1 vote in Congress.

Congress is “a creature of the State governments”.

Can you visualize New Jersey’s fear?

What would the nation look like today if the New Jersey Plan had become the Constitution?

Brainchild of Ben Franklin? Bicameral Legislature

•Senate chosen by State Legislatures (???)

Opposed by Madison (???)

The first compromise causes a chain of them.

Electoral College Judicial Review Federalism Avoid Parliamentarianism

Madison continually defends “self-interest”

We the people…•More perfect Union•Establish Justice•Insure Domestic Tranquility•Provide Common Defense•Promote General Welfare•Secure the Blessings of Liberty

Article I ~

Article I ~ Legislature Article II ~

Article I ~ Legislature Article II ~ Executive Article III ~

Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~

Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~ Relationship with

States Article V ~

Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~ Relationship with

States Article V ~ How to Amend Article VI ~

Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~ Relationship with States Article V ~ How to Amend Article VI ~ Ultimate Law of the

Land Article VII ~

Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~ Relationship with States Article V ~ How to Amend Article VI ~ Ultimate Law of the

Land Article VII ~ How to Ratify

Only to the Federal Government•Print Money•Declare War•Make Treaties•Regulate Interstate Commerce•Conduct Foreign Affairs

Only for the States•Issuance of Licenses•Intrastate Commerce

Shared by States and Federal•Collect Taxes•Build roads•Borrow money•Hold Court

Why were specific powers Enumerated and Reserved?

In what areas do we most expect conflict?

Constitution already had:•Habeas corpus cannot be suspended•No Bills of Attainder•No ex post facto laws•Criminal cases get trial by jury•Interstate legal privileges•No religious tests allowed•Contracts are binding across States

States had Bills of their own

The Federal Government can only do what we say it can do, so don’t say too much.