Consider: Are people naturally good or bad?

The Last Word: Assignment 8 for Friday; Federalist questions for Friday

The ConstitutionStructure and Key Principles

AP Government and PoliticsUnit 1

Which of these are explicitly written in the US Constitution?

The words “Innocent until proven guilty” The right to privacy The words “Checks and balances” and

“separation of powers” The words “separation of church and state” The Air Force The word "Democracy“ The words “Life, Liberty, and the Pursuit of

Happiness” The words “Of the people, by the people, for

the people” The phrase “no taxation without

representation” The Qualifications and # of Supreme Court

Justices

The Structure of the Constitution 7 Articles, longest is the first (legislative)

• Article I, II and III: Institutions of the National Government

• Article IV: Relations Among the States

• Article V: Amendment Process

• Article VI: Supremacy Clause

• Article VII: Ratification Process

“Madisonian” Principles of Gov’t in the Constitution

Popular Sovereignty – • power to govern belongs to the people, gov’t based on

the consent of governed; Where does this idea come from?

Separation of Powers – • division of gov’t between branches: executive,

legislative and judicial Origin of this idea?

Checks and Balances – • a system where separate branches of government have

some authority over others, can limit their activities Limited Government –

• gov’t is not all-powerful, and it does only what citizens allow

Federalism – • division of power between central government and

individual states

Separation of Powers Montesquieu credited with the original theory

Excerpt from The Spirit of the Laws

“In every government there are three types of power; the legislative (lawmaking); the executive (law-enforcing), and the judiciary (law-interpreting).

When the legislative and executive powers are united in the same person, there can be no liberty; since the monarch could enact tyrannical laws, and execute them in a tyrannical manner.

Again, there is no liberty if the power of judging is not separated from the legislative and executive powers. If it were joined with the legislative power, the liberty of the people would be exposed to arbitrary control, for the judge would then also be the legislator. If it were joined to the executive power, the judge might behave with all the violence of an oppressor.

There would be an end of every thing were the same man, or the same body (whether of the nobles or of the people) to exercise those three powers: that of enacting laws, that of executing these laws, and that of judging the crimes of individuals.”

The US system of Separated powers

The Japanese system

The British system

Amending the Separation of Powers

Although the separation of powers in the US Constitution is often unquestioned, there are some who believe this arrangement should be changed in light of modern circumstances and needs.

Consider: Would you support amending the separation of powers, checks and balances, or federal system of

government?

The Last Word: Assignment 8; complete Federalist reading and questions for tomorrow

Cutler: Let’s Amend the Constitution

What is the current problem with the separation of powers in the US?• Why is this the case?

Summarize the proposal• Advantages• Disadvantages• Support/opposition

Consider: What is Madison’s argument about the “type” of government found in the new Constitution?

The Last Word: Assignment 9 for Tuesday

The Agriculture Department says that starting this fall, schools can stop feeding students a common ammonia-treated ground beef filler that critics have described as “pink slime.” Made by grinding together connective tissue and beef scraps normally

destined for dog food and rendering, so-called “finely-textured lean beef trimmings” are then treated with ammonia hydroxide, a process that kills pathogens such as

salmonella and E. coli.

Madison’s Arguments in Federalist 47, 48 and 51

Madison addresses the “separation of powers” in the Constitution in each of these essays.• What is his argument that in fact a “blended”

separation of powers is more desirable than a “distinct” separation? Each will have some control over the others, and can check them

 How does the phrase, “Ambition must be made to counteract ambition” apply to this argument?

Madison in Federalist 51“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.

A dependence on the people is, no doubt, the primary control on the government; but

experience has taught mankind the necessity of auxiliary precautions.”