Foundations of the American Political System

Preface to the Constitution Declaration of Independence (1776) Articles of Confederation State Constitutions: More Democratic Bills of Rights Gave legislatures great power Rhode Island: elections every 6 months Economic Crisis in middle 1780s “Democratic” response and Shay Declaration of Independence (1776) Articles of Confederation State Constitutions: More Democratic Bills of Rights Gave legislatures great power Rhode Island: elections every 6 months Economic Crisis in middle 1780s “Democratic” response and Shay Daniel Shay

Philosophical Heritage John Locke, Second Treatise of Government Natural Rights Government Protect Natural Rights Government Rests on Consent of the Governed Right to Revolution Philosophical Heritage John Locke, Second Treatise of Government Natural Rights Government Protect Natural Rights Government Rests on Consent of the Governed Right to Revolution Continental and English Heritage

Declaration of Independence Influence of Locke Natural Rights, Government by Consent of People, and Right to Revolution Articles of Confederation Confederate Form of Government--Fear of Unitary Government American Heritage

Articles of Confederation (Continued) Only a Congress--Representing State No Executive--Fear of Executives No Judicial Branch Powers Limited Articles of Confederation (Continued) Only a Congress--Representing State No Executive--Fear of Executives No Judicial Branch Powers Limited American Heritage II

Founders: 55 of 74 attended Wealthy, educated Plans Virginia (Randolph, Large State) Separation of powers Lower/Upper chambers representation based on population Executive and Judiciary chosen by legislature Founders: 55 of 74 attended Wealthy, educated Plans Virginia (Randolph, Large State) Separation of powers Lower/Upper chambers representation based on population Executive and Judiciary chosen by legislature Writing The US Constitution I

Plans (Continued) New Jersey (Patterson, Small State) Unicameral Congress with Equal State Representation Plural Executive Chosen by Congress Judiciary Appointed by Executive Plans (Continued) New Jersey (Patterson, Small State) Unicameral Congress with Equal State Representation Plural Executive Chosen by Congress Judiciary Appointed by Executive Writing the Constitution II

Plans (Continued) Connecticut Compromise on Representation Senate: state equality House: state population Plans (Continued) Connecticut Compromise on Representation Senate: state equality House: state population Writing the Constitution III

Compromises Three-fifths Compromise Compromises Three-fifths Compromise Writing the Constitution IV

Compromises Commerce and Slave Trade Compromise Compromises Commerce and Slave Trade Compromise

Do you think the Founders envisioned a mixed government? Electorate: White, Propertied, Males House of Representatives House of Representatives State Legislatures State Legislatures Senate Electoral College Electoral College President Supreme Court Supreme Court

Democratizing the Constitution Expansion of the franchise (vote): 15th, 19th, & 26th 1st Amendment: speech, assembly, press, petition 17th Amendment 12th Amendment Expansion of the franchise (vote): 15th, 19th, & 26th 1st Amendment: speech, assembly, press, petition 17th Amendment 12th Amendment

Limited Government: England Separation of Powers: England/Rome Checks and Balances: England Judicial Review Federalism: compromise between unitary and confederal government Popular sovereignty: Locke Limited Government: England Separation of Powers: England/Rome Checks and Balances: England Judicial Review Federalism: compromise between unitary and confederal government Popular sovereignty: Locke Fundamental Principles of the Constitution

Centralization of Power Federalists: More power to national government Anti-Federalist: More power to states Bill of Rights Federalists: No bill of rights necessary Anti-Federalists: Bill of Rights needed Centralization of Power Federalists: More power to national government Anti-Federalist: More power to states Bill of Rights Federalists: No bill of rights necessary Anti-Federalists: Bill of Rights needed Ratification of the Constitution: Issues

The U.S. Constitution

Federalist Paper No. 10 What is a faction? What are the two methods of curing the problem of faction? –Destroy liberty that nourishes faction –Give everyone the same interest/opinion

Federalist Paper No. 10 What are the causes of faction? –Sown in human nature –Attachment to political figures, religions, ideologies –Property –Arise in industrial societies

Federalist Paper No. 10 What are the three solution to factions? –First Enlightened statesmen Problem –Second Principle of majority rule Problem –Third Extend the sphere

Federalist Paper No. 10 Extending the sphere –Geography of small democracies Homogenous 40% 60%

Federalist Paper No. 10 Extending the sphere –Geography of large republics Heterogeneous Problem 40% 20%

Federalist Paper Nos. 47 & 48 Why is the separation of powers a solution to the problem of faction? –All governments make, enforce and adjudicate law –Separation of power reduces the probability that a faction will control all three branches HouseSenate CongressPresidentSupreme Court

Federalist Paper Nos. 48 & 51 -What is the problem with merely separating powers? –One branch may attempt to control other branches –“a mere demarcation on parchment of the constitutional limits of the several departments is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all powers of government in the same hands.” What is the solution to this problem? –Checks and balances

Federalist Paper No. 51 Checks and Balances –Use human ambition and pride of office to motivate office holders to protect their branch, the common good, and constitution Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature that such such devices should be necessary... If man were angels, no government would be necessary. If angel were to govern men, neither external nor internal controls on government would be necessary.

Checks & Balances Congress President Supreme Court Override veto Impeachment Reject proposed legislation Senate: confirm nominees Informal Checks House/Senate Different Election Constituencies Bill Passed in Same Language Veto Call Special Session Rule acts unconstitutional Change number of justices/jurisdiction Impeach judges Constitutional amendments to overturn rulings Rule laws unconstitutional Appoint Justices Refuse to implement decision

Final Thoughts Constitution –Not a lot of good; not a lot of bad –Preserve freedom Is this Constitution capable of avoiding tyranny? Do you agree with Frank and Ernest?

Has America become more democratic? First Amendment Freedom of speech, press, religion, assembly and petition 13th Amendment 15th, 19th, and 26th Amendments 24th Amendment 17th Amendment 12th Amendment First Amendment Freedom of speech, press, religion, assembly and petition 13th Amendment 15th, 19th, and 26th Amendments 24th Amendment 17th Amendment 12th Amendment

Real and Ideal Family Income % 10% 13% 17% 12% 10% 9% 7% % of American Families

Trends in Family Income Census Bureau Why is there a growing gap between the highest income and lower income families?

Who Pays What in Taxes?

Sharing the Wealth...

The End!