Administrative Details
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Readings for Friday
James Madison, The Federalist, Nos. 51 and 46
Anti-federalist, Brutus
Mock Debate
A-L, federalists
M-Z, anti-federalists
Articles of Confederation
Goal– a weak national government
1777-1789
No executive
Limited powers for Congress
Each state has one vote
Super-majority required to pass laws
The Articles’ Deficiencies
Shay’s Rebellion (1786)
Radical Legislatures in PA and RI
Increasing foreign threats
National government was TOO weak
Constitutional Convention
Philadelphia, Summer 1787
73 delegates from 11 states
Are political and economic elites
Hold discussion behind closed doors
WHY?
Who were the Founders?
Challenges facing Framers
create coalition of merchants and planters for
new government
promote commerce/protect property
prevent excessive democracy
secure popular support
ensure government was not too strong to
threaten individual’s liberties
Constitutional Scavenger Hunt
Where must bills for raising revenue originate?
Of the enumerated powers granted to Congress in
Article I, Section 8, how many would you classify
as economic/ commercial, political, military, or
other?
Can Senate expel Hilary?
The original Constitution explicitly mentions only
1 “Right”. What is it?
"Great Compromise"
Virginia Plan
New Jersey plan
Connecticut compromise
The House based on population
Senate treats each state equally
Congress
Most Powerful Branch; Article 1
collect taxes, provide for defense and welfare,
borrow money, regulate commerce, uniform
laws on bankruptcies, coin money, establish
post office, promote science, punish piracy,
declare war, raise armies and navies,
Legislative Assessment
create coalition of merchants and planters
promote commerce/protect property
prevent excessive democracy
secure popular support
Constitutional Scavenger
What is the standard for removing the
president from office?
8. How is the president chosen? How are
electors chosen?
How do presidential powers compare to
legislative powers?
President or Executive Branch
How to elect the presidents
Compromise- Electoral College
States receive number of electoral votes equal to
representation in Congress.
if no one
gets majorities, House of
Representatives gets to choose president, one
vote per state.
Powers of President
Article 2, 300 words only
Veto legislation, commander in chief,
power to grant reprieves and pardons, make treaties,
appoint ambassadors, public ministers, judges and
all other office of US, receive ambassadors
give Congress information of the State of the
Union, recommend such measures as he shall judge
necessary and expedient, adjourn them if proper
take care all laws be faithfully executed
the executive power shall be vested in a President
Analysis
Framers wanted a strong, but not too strong
President
Need executive to impart energy to national
government make timely decisions
Scared about national mandate
Scavenger Hunt
Does the Constitution give the Supreme
Court the power of judicial review?
Judiciary, Article III
President appoints judges with the advice and
consent of the Senate
Supreme law of land
Assessment
Strong national government
Ensures ratification with no mention of
judicial review
Scavenger Hunt
What do Article I, Section 10, Article VI
and Amendment X state about the
relationship of the federal government and
the states?
Comparison with Articles of Confederation?
Administrative Details
Handouts for Monday
2 thought questions:
Whose interpretation of the constitution seems
most plausible (Roche, Beard, or Diamond)?
What 2 constitutional amendments should we
have?
Scavenger Hunt
What did the Constitution say about 3
slavery issues?
What are the exact words the Constitution
uses to identify slaves in each of these
sections
3/5ths Compromise
5 states in South, 8 in North
Slaves are 30% of population in South
slaves count as 3/5 of a person for the
purposes of representation in the House of
Representatives
Slave trade and runaway slaves
Indelible stain on the constitution
Scavenger Hunt
What does the Constitution or any of its
amendments say about income taxes?
What does the Constitution or any of its
amendments say about “intoxicating
liquors”?
State Constitutions
The legislature may provide for an indemnification program to peanut farmers for losses
incurred as a result of Aspergillums flavus and
freeze damage in peanuts. Alabama, 1901.
The people hereby enact limitations on marine net
fishing in Florida waters to protect saltwater
finfish, shellfish, and other marine animals from
unnecessary killing, over fishing and waster.
Florida, 1968
Scavenger Hunt
Can a person who has engaged in
insurrection or rebellion against the United
States be elected as a Senator or
Representative in Congress or hold any
office in the federal or state government?
How is such a disability removed? Any
ideas why Congress passed this
amendment?
Scavenger Hunt
Which groups or individuals have gained
the right to vote via an amendment to the
Constitution?
Scavenger Hunt
What section of the Constitution states that
“all men are created equal, that they are
endowed by their Creator with certain
unalienable Rights, that among these are
Life, Liberty, and the pursuit of Happiness?
What is the one right mentioned in
Constitution?
Ratifying the Constitution
approved by at least nine states
approved at ratifying convention
Not state legislatures or popular vote
Debate between federalists and antifederalists
Needed the big states
Federalists vs. Anti-federalists
Madison (#10) v. Brutus
Is democracy best served in large or small
republics?
Who is likely to be elected?
What is the greatest danger to democracy?
Madison- Federalist 10
Latent causes of faction are thus sown in the
nature of man.
“the most common and durable source of faction
has been the various and unequal distribution of
property” p. 18
Pure democracy has no cure for the mischiefs of
faction
Incompatible with personal security or the rights
of property. P. 20
Madison’s Solution
Republican government to refine and enlarge the
public views
Liberty is safest in large (extended) republics
many opinions and interests in large republic
makes it harder for a tyrannical majority to form
coalition formed in large republic are more
moderate
Liberty is threatened more by public passions and
popular factions than by strong government
Brutus’s Reply
In a republic, the manners, sentiments, and interest
of the persons should be similar (or else) constant
clashing of opinions
In a large republic “the people would be
acquainted with very few of their rules, the people
at large would know little of their proceedings,
and it would be extremely difficult to change
them. The consequence will be, they will have no
confidence in their legislature, suspect them of
ambitious views, be jealous of every measure they
adopt, and will not support the laws they pass.”
Anti-federalists
small republic is best
People are animated by a concern for public
good
strong national government would be
distant from the people
Madison, Federal #51
Is a large republic enough to prevent
tyranny of the majority?
Federalist #51, Madison
Ambition must be made to counteract ambition. If
men were angels, no govt would be necessary. If
angels were to govern men, neither external nor
internal controls on govt would be necessary
In framing a govt which is to be administered by
men over men, the great difficulty lies in this: you
must first enable the govt to control the governed;
and in the next place oblige it to control itself.
Separation of Powers
Madison- accumulation of all powers,
legislative, executive, and judiciary in the same
hands, may justly be pronounced the very
definition of tyranny.
Legislature makes laws, executive administers,
and judiciary interprets
BUT Separation is not enough.
Checks and Balances
#51, Ambition must be made to counteract
ambition. The interest of the man must be
connected with the constitutional rights of
the place.
Different Bases of Support
House of Representatives= only directly
elected officials; every two years
Senate= every six years; are selected by State
legislatures until 1913
President= selected by electoral college; state
legislatures; no popular vote
Judiciary= appointed by President, confirmed
by Senate. Life-time appointment
Checks and Balances
President can nominate judges; propose, veto
laws, appeal to public
Congress- approves budget, impeach
president and judges, determine number and
jurisdiction of courts, Senate confirms judges
Courts- can declare executive actions and
laws unconstitutional.
Comparison with UK
Prime minister chosen by majority party.
No judicial review
control and responsibility concentrated in
legislature
Same electoral base
No checks and balances
Consequences
GRIDLOCK!
difficult to act unless there is overwhelming
sustained consensus about course of action.
1994 GOP Revolution
Flag burning
Losers-- Efficiency and accountability
Separation of Powers
Limit the power of government
Limit democratic majoritarianism (aka
Tyranny of the Majority)
Policy should not reflect majority public
opinion