The Founding
The Framers as politicians
How did politics affect the structure
of the U.S. Constitution?
• Framers’ personal and political motives
– Enlightenment
– Class
• Experience with strong central authority
The Declaration of Independence
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He has refused his Assent to Laws, the most wholesome and necessary for
the public good.
He has forbidden his Governors to pass Laws of immediate and pressing
importance, unless suspended in their operation till his Assent should be
obtained; and when so suspended, he has utterly neglected to attend to
them.
He has called together legislative bodies at places unusual, uncomfortable,
and distant from the depository of their public Records, for the sole purpose
of fatiguing them into compliance with his measures.
He has made Judges dependent on his Will alone, for the tenure of their
offices, and the amount and payment of their salaries.
He has kept among us, in times of peace, Standing Armies without the
Consent of our legislatures.
He has affected to render the Military independent of and superior to the
Civil power.
For Quartering large bodies of armed troops among us:
…continued
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For protecting them, by a mock Trial, from punishment for any Murders
which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For taking away our Charters, abolishing our most valuable Laws, and
altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested
with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection
and waging War against us.
He is at this time transporting large Armies of foreign Mercenaries to
compleat the works of death, desolation and tyranny, already begun with
circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous
ages, and totally unworthy the Head of a civilized nation.
How did politics affect the structure
of the U.S. Constitution?
• Framers’ personal and political motives
• Experience with strong central authority
• Experience with weak central authority
The Articles of Confederation
(1777)
• No executive branch
• Execution of laws left to states
• Members of Congress chosen, paid, and
recalled by state legislatures
• Each state has one vote
• Congress cannot levy taxes or regulate
interstate commerce
• No national army, only state militias
How did politics affect the structure
of the U.S. Constitution?
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Framers’ personal and political motives
Experience with strong central authority
Experience with weak central authority
Politics of the 13 states
A political problem:
• “Effectively, the Constitutionalists had to
induce the states, by democratic
techniques of coercion, to emasculate
themselves…to agree to send delegates
to the Philadelphia Convention, provide
maintenance for these delegates, set up
the special ad hoc convention to decide on
ratification, and concede to the decision of
the ad hoc convention.” (Roche, 800)
Features of The Constitution
• Legislative supremacy
Congress’ Constitutional
Powers
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The Congress shall have Power To lay
and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for
the common Defence and general
Welfare of the United States;
To borrow Money on the credit of the
United States;
To regulate Commerce with foreign
Nations, and among the several States,
and with the Indian Tribes;
…To coin Money, regulate the Value
thereof, and of foreign Coin, and fix the
Standard of Weights and Measures
…To provide for the Punishment of
counterfeiting the Securities and current
Coin of the United States;
…To promote the Progress of Science
and useful Arts, by securing for limited
Times to Authors and Inventors the
exclusive Right to their respective
Writings and Discoveries;
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…To declare War, grant Letters of
Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
To raise and support Armies, but no
Appropriation of Money to that Use shall
be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and
Regulation of the land and naval Forces;
To provide for calling forth the Militia to
execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing, arming, and
disciplining, the Militia, … the
Appointment of the Officers, and the
Authority of training the Militia according
to the discipline prescribed by Congress;
…To make all Laws which shall be
necessary and proper for carrying into
Execution the foregoing Powers, and all
other Powers vested by this Constitution
in the Government of the United States,
or in any Department or Officer thereof
The President’s Constitutional
Powers
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The President shall be Commander in Chief
of the Army and Navy of the United States,
and of the Militia of the several States, when
called into the actual Service of the United
States;
he may require the Opinion, in writing, of the
principal Officer in each of the executive
Departments, upon any Subject relating to
the Duties of their respective Offices, and he
shall have Power to grant Reprieves and
Pardons for Offences against the United
States, except in Cases of Impeachment.
He shall have Power, by and with the Advice
and Consent of the Senate, to make
Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and
by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other
public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the
United States, whose Appointments are not
herein otherwise provided for, and which
shall be established by Law
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The President shall have Power to fill up all
Vacancies that may happen during the
Recess of the Senate, by granting
Commissions which shall expire at the End
of their next Session.
…He may, on extraordinary Occasions,
convene both Houses, or either of them, and
in Case of Disagreement between them,
with Respect to the Time of Adjournment, he
may adjourn them to such Time as he shall
think proper;
he shall receive Ambassadors and other
public Ministers;
he shall take Care that the Laws be faithfully
executed,
and shall Commission all the Officers of the
United States
Resulting Constitution
• Legislative supremacy
• Checks and balances
Madison, Federalist 51
• Members of each department should be
as little dependent as possible on those of
the others, for the emoulments annexed to
their offices…
• Ambition must be made to counteract
ambition. The interest of the man must be
connected with the constitutional rights of
the place.
Madison, Federalist 51
• It may be a reflection on human nature
that such devices should be necessary to
control the abuses of government. But
what is government itself but the greatest
of all reflections on human nature? If men
were angels, no government would be
necessary. If angels were to govern men,
neither external nor internal controls on
government would be necessary.
Madison, Federalist 51
• In framing a government which is to be
administered by men over men, the great
difficulty lies in this: You must first enable
the government to control the governed;
and in the next place oblige it to control
itself.
Checks and Balances
Congress
Writes laws
Overrides vetoes
Confirms nominations
Confirms treaties
Declares war
President
Courts
Vetoes bills
Reviews laws
Appoints judges
Reviews
executive actions
Appoints executive officials
Commander in chief
Negotiates with foreign nations
Appointed for life
Resulting Constitution
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Legislative supremacy
Checks and balances
Bicameral Congress
Bill of Rights
Slavery
Dahl’s argument
• What couldn’t the Framers know?
• How is the Constitution undemocratic?