Chapter 2: The American Constitution American and Texas Government : Policy and Politics, 10/e By Neal Tannahill

Case Study: 2006 Congressional Elections – Democrats took majority in House & Senate in 2006 – Top priority – end war in Iraq – Bill to force end to war passed, but was vetoed by President – Congress unable to reach 2/3 to override This is an example of the role of the Constitution in the U.S. policymaking process The Constitution “erects a buffer between short- term public opinion and public policy.”

What is a constitution? A constitution is the fundamental law by which a state or nation is organized, and to which ordinary legislation must conform. It establishes the framework of government, assigns the powers and duties of government bodies, and defines the relationship between the people and their government.

Background of the Constitution: Historical Setting Colonial Period American colonists satisfied for most of colonial period After 1763, Britain attempted to collect more money from colonies to help pay debts from war with France Stamp Act of 1765 Protest, unrest, independence declared in 1776 Revolutionary War Unicameral legislature during war

Background of the Constitution: Historical Setting Articles of Confederation “League of Friendship” among colonies with a unicameral congress Federal powers strictly limited – No way to collect taxes – No authority to regulate commerce – No common currency

Background of the Constitution: Historical Setting American Political Thought John Locke – Second Treatise on Government (1689) – People are born free and equal – “Natural rights” include life, liberty, and property – Government power comes from the consent of the governed Much of Locke’s thinking is reflected in the Declaration of Independence

American Political Thought (cont.) According to Locke, people voluntarily joined together to form governments to protect these rights. Americans drew three important concepts from Locke’s political thought. First, Locke’s theory of revolution provided the perfect theoretical justification for the American Revolution. Second, the American writers also used the Lockean idea that government can play an active, positive role in society instead of just being a necessary evil. Finally, Locke’s doctrine of natural rights offered a theoretical foundation for limited government authority over the individual. Although the authors of the American Constitution borrowed from the writings of European scholars, they were not just passive recipients but instead selected those ideas that matched American beliefs and experiences.

Constitutional Principles Representative Democracy – Direct democracy – citizens vote on everything – Representative democracy – citizens elect representatives – Supermajorities sometimes required (override veto) Rule of Law – Discretion of public officials limited by law – Writ of habeas corpus – No bills of attainder or ex post facto laws

Constitutional Principles (cont.) Limited Government – Government does not have unrestricted authority – Bill of Rights – list of limitations on government power – Antifederalists insisted on addition of Bill of Rights to Constitution Separation of Powers, with checks and balances – Federalist 51 – 2 primary threats to liberty: Factions, special interests Excessive concentration of power with too few gov’t officials What are some checks and balances in our Constitution?

Constitutional Principles (cont.) Federalism – Federalism divides power between a central government and state governments – The federal government remains sovereign Bicameralism – Legislative branch divided into House and Senate, with members elected differently

The Living Constitution The Constitution has survived over 220 years, in part because of its ability to adapt to changing times, while maintaining adherence to basic principles. – Example: Consider the meaning of the 4 th Amendment guarantee against “unreasonable searches and seizures” in the 1780s, and in today’s era of digital communication and high- resolution satellite photography. – Why is the Constitution’s “vagueness” important?

The Living Constitution Constitutional Change – Practice and Experience (ex. - role of President) – Amendment (27 in 220 years) – Judicial Interpretation Judicial review (Marbury v. Madison) – Ex. – Equal protection clause » Plessy v. Ferguson » Brown v. Board of Education

Constitution, Politics, & Public Policy The U.S. Constitution affects the policymaking process through its fragmentation of political power. Power at the national level is divided among the legislative, executive, and judicial branches of government. The legislative branch is further divided into two separate chambers. Federalism compounds this fragmentation of authority by further allocating power between the national government and the 50 state governments. The framers of the U.S. Constitution knew that this division of power would result in friction in our political system and slow, incremental policy changes.

Conclusion: Constitutional Environment for Policymaking The U.S. Constitution has its critics. Antifederalists argued that the Constitution is structured in a way that benefits special interests at the expense of the majority of the people. Critics have also charged that the Constitution is a blueprint for political deadlock among the different branches of government. Constitutional stalemate is not inevitable, and policy deadlocks can be attributed to politics more often than constitutional inadequacy. It must be recognized that public policy reflects the interplay between the Constitution and contemporary politics.