The Declaration of Independence
“We hold these truths to be self-evident, 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-That to secure these Rights, Governments
are instituted among Men, deriving their
just Powers from the Consent of the
Governed, that whenever any Form of
Government becomes destructive of these
Ends, it is the Right of the People to alter or
abolish it, and to institute a new
Government, laying its Foundations on such
Principles, and organizing its Powers in
such Forms, as to them shall seem most
likely to effect their Safety and Happiness.”
Constitution (Preamble)
“We the People of the United States, in order
to form a more perfect union, establish
justice, insure domestic tranquillity, provide
for the common defense, promote the
general welfare, and secure the blessings of
liberty to ourselves and our posterity, do
ordain and establish this Constitution for the
United States of America.”
Federalist No. 10
[The trouble with majority rule]
“Complaints are everywhere heard…that our
governments are too unstable, that the
public good is disregarded in the conflicts
of rival parties, and that measures are too
often decided, not according to the rules of
justice and the rights of the minor party, but
by the superior force of an interested and
overbearing majority. (Rossiter, 1961, 77)”
Federalist 10 (continued)
Factions: “Citizens united by a common
impulse of passion or of interest, adverse to
the rights of other citizens, or to the
permanent and aggregate interests of the
community.”
Two cures: remove causes, or control effects
Causes: liberty and diversity, unequal
distribution of property.
“A landed interest, a manufacturing interest, a
mercantile interest, a moneyed interest, with
many lesser interests, grow up of necessity
in civilized nations, and divide them into
different classes, actuated by different
sentiments and views. The regulation of
these various and interfering interests forms
the principal task of modern legislation and
involves the spirit of party and faction in the
necessary and ordinary operations of
government. (Federalist 10, Rossiter, 79)”
Federalist No. 51
“Ambition must be made to counteract
ambition” (Rossiter, 322)
“If men were angels, no government would be
necessary. 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.” (Rossiter, 322)
Checks and Balances (No. 51)
Legislature: Two branches, differentiated by
“modes of election and different principles
of action. (Rossiter, 322)”
Executive: fortified powers, ltd veto power.
Federalism: division of powers between
national, state, and local levels and various
departments leads to “double security:”
each government controls the other, while
each is controlled by itself.
Federalist 51 (minority rights)
“Whilst all authority in [the government] will
be derived from and dependent on the
society, the society itself will be broken into
so many parts, interests and classes of
citizens, that the rights of individuals, or of
the minority, will be in little danger from
interested combinations of the majority
(324).”
Federalist 78 (the judiciary)
“The executive not only dispenses the honors
but holds the sword of the community. The
legislature not only commands the purse but
prescribes the rules by which the duties and
rights of every citizen are to be regulated.
The judiciary, on the contrary, has no
influence over either the sword or the purse;
no direction either of the strength or of the
wealth of the society, and can take no active
resolution whatever...
...It may truly be said to have neither FORCE
nor WILL but merely judgment; and must
ultimately depend upon the aid of the
executive arm even for the efficacy of its
judgments. (Rossiter, 465)”
– The judiciary is the weakest branch and not a
threat to the “general liberty of the people”
– Courts of justice (via judicial review) are the
“bulwarks of a limited Constitution against
legislative encroachments. (469) ”
Anti-Federalist No. 51
Do Checks and Balances Really Secure the
Rights of the People? Aristocrotis
Concerns:
–
–
–
–
Elections will be controlled by the legislature
Move from ballots to viva voce elections
Government will impose and collect taxes
Federal government can raise and support
armies
– President will be appointed by Congress
– Language: filled with double meanings and no
meanings
“The congress having thus disentangled themselves
from all popular checks and choices, and being
supported by a well disciplined army and active
militia, will certainly command dread and respect
abroad, obedience and submission at
home…America will then be great amongst the
nations and princess amongst the provinces. Her
fleets will cover the deserts of the ocean and
convert it into a popular city; and her invincible
armies overturn the thrones of princes. (p. 4,
www.wepin.com/articles/afp/afp51.html)”
How well does the system work?
Major Tradeoffs
– efficiency versus deliberation
– responsiveness versus representativeness
– national versus parochial considerations
Democracy fosters deliberation,
representation, and the promotion of local
over national interests.
Can the system handle complex
problems?
Complex Public Policy Problems
– require deliberation and speed
– but may involve problems that are technically
or politically intractable
• intractable: cannot be moved or managed;
irresolvable
What the Federalist Papers say:
No. 23 Hamilton (Rossiter, 153)
“The principal purposes to be answered by union are
these--the common defense of the members; the
preservation of the public peace, as well as against
internal convulsions as external attacks; the
regulation of commerce with other nations and
between the States; the superintendence of our
intercourse, political and commercial, with foreign
countries.”
Federalist No. 23 (continued)
“the means ought to be proportioned to the
end”
“government ought to be clothed with all the
powers requisite to complete execution of
its trust”
Federalist No. 70 Hamilton
(Rossiter, 424)
“The ingredients which constitute energy in
the executive are unity; duration; an
adequate provision for its support; and
competent powers.”
“The ingredients which constitute safety in the
republican sense are a due dependence on
the people and a due responsibility.”
Federalist No. 70 Hamilton
(Rossiter, 424)
“That unity is conducive to energy will not be
disputed. Decision, activity, secrecy, and
dispatch will generally characterize the
proceedings of one man in a much more
eminent degree than the proceedings of any
greater number; and in proportion as the
number is increased, these qualities will be
diminished.”
Federalist No. 70 Hamilton
(Rossiter, 426)
“In the legislature, promptitude of decision is
oftener an evil than a benefit. The
differences of opinion, and the jarring of
parties in that department of the
government, though they may sometimes
obstruct salutary plans, yet often promote
deliberation and circumspection, and serve
to check excesses in the majority.”
Constitutional Parameters
Complex problems in the jurisdiction of the
Legislature will be slow-moving and deliberative.
Complex problems in the jurisdiction of the
Executive Branch will be addressed with greater
speed and efficiency.
Complex problems that require both branches and
undertaken in divided government may go
unresolved.
Bill of Rights
Establishment and Free Exercise
Clauses
Amendment I
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a redress
of grievances.
Right to Bear Arms
Amendment II
A well regulated militia, being necessary to
the security of a free state, the right of the
people to keep and bear arms, shall not be
infringed.
Quartering of Soldiers
Amendment III
No soldier shall, in time of peace be quartered
in any house, without the consent of the
owner, nor in time of war, but in a manner
to be prescribed by law.
Search and Seizure
Amendment IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the
persons or things to be seized.
Rights of Accused and Takings
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of
war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation.
Due Process
Amendment VI
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury of the state and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law, and
to be informed of the nature and cause of the
accusation; to be confronted with the witnesses
against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.
Common Law
Amendment VII
In suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise
reexamined in any court of the United
States, than according to the rules of the
common law.
Cruel and Unusual Punishment
Amendment VIII
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
Rights Retained by the People
Amendment IX
The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.
Rights Reserved to the States
Amendment X
The powers not delegated to the United States
by the Constitution, nor prohibited by it to
the states, are reserved to the states
respectively, or to the people.
(Source of Police Powers)