The U.S. Constitutional Framework 8 October, 2007

Introduction to the course Course syllabus Course syllabus Readings Readings Assessment Assessment Tutorials Tutorials

The U.S. Constitution The U.S. Constitution lays out the principals and rules that define our political system The U.S. Constitution lays out the principals and rules that define our political system At the time the Constitution designed in 1787 it was extremely innovative. The American political system is unique in the world; most modern democracies are not designed this way. At the time the Constitution designed in 1787 it was extremely innovative. The American political system is unique in the world; most modern democracies are not designed this way. The U.S. Constitution was designed as an alternative to the Articles of Confederation which were written in 1777 and ratified in 1781 and contained the rules that governed our nation until The U.S. Constitution was designed as an alternative to the Articles of Confederation which were written in 1777 and ratified in 1781 and contained the rules that governed our nation until 1789.

Emphasis on Individual Rights The constitution is designed to favor protecting the rights of the individual over respecting the wishes of the majority. The constitution is designed to favor protecting the rights of the individual over respecting the wishes of the majority. Tyranny of the majority refers to a situation win which the majority uses its advantage in umbers to suppress the rights of the minority. Tyranny of the majority refers to a situation win which the majority uses its advantage in umbers to suppress the rights of the minority.

Protections Against Tyranny of Majority Divides authority through separate institutions with shared powers and checks and balances. Divides authority through separate institutions with shared powers and checks and balances. Organized elections Organized elections Requires supra-majorities Requires supra-majorities Reserves some power for states Reserves some power for states Set boundaries on the powers of government; ie. Bill of Rights Set boundaries on the powers of government; ie. Bill of Rights The Constitution is designed to preserve the status quo so it is very difficult to change. The Constitution is designed to preserve the status quo so it is very difficult to change.

Divided Authority Separate institutions Separate institutions Bicameralism Bicameralism Concurrent majorities Concurrent majorities Checks and balances Checks and balances Shared powers Shared powers Federalism Federalism

Separate Institutions U.S. House of Representatives U.S. House of Representatives U.S. Senate U.S. Senate Executive Branch Executive Branch Judiciary Judiciary

Separate Institutions with Shared Power Congress passes legislation but President can use a veto Congress passes legislation but President can use a veto President appoints executive officers and negotiates treaties. President appoints executive officers and negotiates treaties. Senate confirms top executive appointments and ratifies treaties Senate confirms top executive appointments and ratifies treaties Judicial review (established in Marbury vs. Madison, 1803) Judicial review (established in Marbury vs. Madison, 1803)

Examples of Supra Majorities Concurrent majorities (House and Senate) Concurrent majorities (House and Senate) Treaty requires 2/3rds of approval by Senate Treaty requires 2/3rds of approval by Senate Congress requires 2/3rds in both houses to over ride a presidential veto Congress requires 2/3rds in both houses to over ride a presidential veto Constitutional amendments require 2/3rds approval by both House and Senate and 3/4ths of states or Constitutional amendments require 2/3rds approval by both House and Senate and 3/4ths of states or 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) National constitutional convention call by 2/3rds of the state legislatures National constitutional convention call by 2/3rds of the state legislatures

Process for Amendments

Two things to take away… One: One: Does the Republic really need reforming? One argument to this question is that a certain amount of citizen suspicious is healthy in democracy. The Constitution was designed by people who were suspicious of government power, so another view to reform is that if Americans distrust their government, that may be an intentional result!

Two things to take away… Two: Two: America is not so much a democracy as it is a republic. The whole idea of the Constitution was to limit majority rule, to prevent tyranny of the majority. This is why we do not make laws directly, but elect representatives to do so, and supra-majorities or checks and balances are required in every step of legislation and execution.

Does the republic need reforming? Citizen dissatisfaction Citizen dissatisfaction Low voter turnout Low voter turnout Failure to achieve electoral majorities - Loss of mandate Failure to achieve electoral majorities - Loss of mandate Lack of competitive elections – mostly congressional level Lack of competitive elections – mostly congressional level Crisis events –1998 Clinton impeachment and the 2000 presidential election Crisis events –1998 Clinton impeachment and the 2000 presidential election

Reforms at the National Level The U.S. Constitution was designed to preserve the status quo. However, it does allow for changes to be made through supra- majorities. The U.S. Constitution was designed to preserve the status quo. However, it does allow for changes to be made through supra- majorities. There have been a total of 17 Amendments since the original Bill of Rights: There have been a total of 17 Amendments since the original Bill of Rights: Examples: Examples: Voting extended to nonwhites (1870, 15 th Amendment) Voting extended to nonwhites (1870, 15 th Amendment) Direct election of senators (1913, 17 th Amendment) Direct election of senators (1913, 17 th Amendment) Women given right to vote (1920, 19 th Amendment) Women given right to vote (1920, 19 th Amendment) Elimination of poll tax (1964, 24 th Amendment) Elimination of poll tax (1964, 24 th Amendment) Extend voting rights to 18 yr olds (1971, 26 th Amendment) Extend voting rights to 18 yr olds (1971, 26 th Amendment)

Reforms at State Level More flexible More flexible Direct democracy – initiative and recall Direct democracy – initiative and recall Legislative term limits Legislative term limits Electoral reform Electoral reform