Government Constitution/Madisonian Model/Checks and Balances

The Madisonian Model James Madison (father of the Constitution) Warns – factions could pose a threat to the stability of government. Federalists Paper #10 Poorer, less educated Americans vs. wealthy elite Ex. Shays Rebellion Must protect the government from the will of the majority.

By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community. James Madison, Federalists No. 10

The Madisionian Model Take steps to protect gov’t from the will of the majority. President elected by Electoral College. (Winner of state popular vote, wins electoral votes) Senators chosen by states legislatures (not directly by the people.) Changed by 17th Amendment!!!

The Madisonian Model

The Madisonian Model 3 branches of governmet (ex., leg., jud.) Separation of powers (Art. I, II, and III) own power and responsibilities. 18th Century philosopher Baron de Montesquieu

The Madisonian Model

The Madisonian Model Checks and Balances Legislative Branch Senate confirmation Power to impeach Controls the budget Override a presidential veto.

The Madisionian Model Executive Branch- Can veto bill passed by Congress Nominates judges and government officials

The Madisionian Model Judicial Branch Declare laws to be unconstitutional Declare acts of the president to be unconstitutional Constitution does not grant the courts the power to check the other branches. Marbury v. Madison 1803 (authority to declare laws unconstitutional) –judicial review

Madisonian Model Federal System – system of government that allowed power to be shared between the national and state levels of government 10th Amendment

Terms Anti-federalists (table 2.5) Federalists (table 2.5) Bill of Rights (table 2.6) “Living Document” Formal Amendment Process (Article 5) pg. 56 fig. 2.4 Informal Amendment Process

Ratification

Amending Process

Question #1 Madisonian principles in the Constitution were based on A) statesʹ rights. B) a concentration of power, so that the minority faction could dominate the government. C) the belief that government should always be dominated by the majority. D) concern that government would be dominated by a majority or minority faction. E) the ideas of a group of professors at Madison University.

Question #2 Two key elements of the Madisonian model were to A) keep most of the government beyond the control of a popular majority and separate the powers of different institutions. B) promote state power while separating the powers of different national institutions. C) keep as much of the government as possible beyond the control of a popular majority and extend the right to vote to everyone. D) combine the powers of different institutions and create a powerful presidency. E) require a system of checks and balances and extend democracy.

Question #3 Opposition to ratification of the Constitution was based on the belief that it would A) provide for elite control, endanger liberty, and weaken the states. B) produce more democratic elements than desirable for a strong central government. C) give too much power to the states. D) promote pluralism, which would threaten liberty. E) all of the above

Question #4 Under the Madisonian model, people desiring change A) find a government that is highly responsive and acts quickly and decisively. B) must usually have a sizable majority. C) have no chance of victory. D) need only win at one point in the policymaking process. E) need just a simple majority over 50 percent.

Question #5 Constitutional amendments are usually ratified by A) state conventions called by two-thirds vote in Congress. B) a national convention. C) a majority of the Supreme Court. D) a two-thirds vote in each house of Congress. E) legislatures of three-fourths of the states.

Question #6 The Supreme Court in Marbury v. Madison (1803) asserted the power of the Court to A) check the actions of the other branches through judicial review. B) nullify constitutional amendments. C) confirm presidential appointments. D) determine its own size and makeup. E) impeach the president.

The End!!!