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 Daniel Shay Writing The US Constitution I 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 Constitution II 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 III Plans (Continued) Connecticut Compromise on Representation Senate: state equality House: state population Writing the Constitution IV Compromises Three-fifths Compromise Do you think the Founders envisioned a mixed government? Electoral College President Supreme Court Senate State Legislatures House of Representatives Electorate: White, Propertied, Males Democratizing the Constitution • Expansion of the franchise (vote): 15th, 19th, & 26th • 1st Amendment: speech, assembly, press, petition • 17th Amendment • 12th Amendment 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 60% 40% Federalist Paper No. 10 • Extending the sphere – Geography of large republics • Heterogeneous • Problem 20% 20% 20% 40% 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 Congress House Senate President Supreme 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 President Override veto Impeachment Reject proposed legislation Senate: confirm nominees Rule acts unconstitutional Veto Call Special Session Congress Informal Checks House/Senate Different Election Constituencies Bill Passed in Same Language Appoint Justices Refuse to implement decision Rule laws unconstitutional Supreme Court Change number of justices/jurisdiction Impeach judges Constitutional amendments to overturn rulings 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 % of American Families 9% 10% 13% 17% 12% 10% 10% 9% 7% Real and Ideal Family Income 2009 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!