Government Foundations--What is politics?--Political and Philosophical Roots of the Constitution--Structure of the Constitution

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A Political Perspective on American Government• 1. What is “politics”?

• Conflict over allocation of values• What kinds of “values”?

• Material scarcity—your dream car• Philosophical disagreements

• What kinds of philosophies?

• 2. How do societies deal with conflict?• Hobbes: government is the “leviathan”• John Locke: citizens make a “social contract” with their government

• Citizens agree to give up some of their freedoms to gain protection for natural rights

• Operates on the “consent of the governed”—King Arthur• Government becomes the authoritative allocator of societal values

• 3. What makes government authoritative?• Legitimacy (sense of collective acceptance)• Monopoly on legitimate coercion—think ninjas

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• 4. How do governments deal with conflict?• In this class: Institutional focus

• What is an institution? Our classroom…• Governments make rules. 2 types:

• A. Structural rules: rules of the game. Example?• B. Policy rules: rules of substance. Example?

• There is BIAS in rules—every rule creates winners and losers

• What are the options for governance—who rules?• Rule by none: Anarchy• Rule by one: Monarchy (despotism)• Rule by a few: Aristocracy (oligarchy)• Rule by many: Democracy

• Direct democracy• Representative democracy (republic)

• 5. Implications:• Societal conflicts gravitate to government. “M-O-O-O-O-O-M!!!”

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A Political Perspective on American Government (cont.)

Political Roots of American Government• 1. Religious separatists

• Plymouth Colony—1620• Mayflower Compact—first “Constitution” in the New World

• Relied on the consent of the governed.

• 2. Royal colonies• Jamestown—1607 Established the House of Burgesses

(representative assembly). Colonists liked representative assemblies.

• Legislative power (rather than executive)• Close to the people• Effective (salutary neglect: 1688 – 1763)

• 3. Colonial Era Experiences—1760s. “Times they are a-changin’”• Colonial attitudes toward National vs. State governments harden• Colonial attitudes toward Executive vs. Legislative powers harden

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Political Roots of American Government (cont.)• 4. After the Revolutionary War—America’s first government:

The Articles of Confederation• Making choices about the power of the LEVELS of government:

• State vs. National power: unitary vs. confederal forms• Making choices about the power of the BRANCHES of

government:• Branches of government: legislative vs. executive vs. judicial

• Problems• No national executive to carry out laws• No national courts to adjudicate conflicts between the states• Weak national government

• Events that led to reform:• Annapolis Convention (issues of interstate trade)• Shays’ Rebellion (issues of security)

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Political Roots of American Government (cont.)• 5. The Constitutional Convention—55 men in a locked room.

• 3 main issues facing the delegates—major COMPROMISES:• A. Basis of Representation in the national legislature

• Virginia Plan (population-based) vs. New Jersey Plan (state-based)• B. Treatment of Slavery (related to representation in the legislature)

• 3/5 Compromise• C. How much power to give to the Executive Branch?

• Legislative Branch powers (Article I) are very CLEAR• Executive Branch powers (Article II) are AMBIGUOUS—why?

• 6. Ratifying the Constitution• How many states to ratify the original Constitution? Why?• Who in the states would ratify it? Why?• The Federalists vs. the Anti-Federalists: the battle over ratification

• The Federalist Papers—Federalist 51• Satisfying the Anti-Federalists’ demands: The Bill of Rights

• Summary: The Constitution was a product of political conflicts

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Philosophical Roots of American Government• 1. Intellectual Roots: Classical Liberalism (Hobbes and Locke)

• Classical liberalism’s goals: protect individual freedom. • Examples:

• Inalienable rights—rights (like your “natural rights”) that you are born with and cannot be taken away.• NATURAL RIGHTS—life, liberty, property

• Individual equality• Government protects rights (or the people have the right of revolution)

• Classical Liberalism’s Implication—government should be:• Democratic• Majority Rule

• 2. PROBLEM: Possibility of Permanent Majorities.• Democratic majority rule endangers minority rights:

majority tyranny 7

Philosophical Roots of American Government (cont.)• 3. Solutions to majority tyranny in the Constitution

• A. Deter permanent majorities• Republicanism (Representative vs. Direct Democracy)

• Republic = larger size. Larger size = more diversity of interests (pluralism). Pluralism = minority rights will be more secure.

• Indirect election rules• Separation of powers/Checks and balances—Montesquieu • Federalism

• B. Limit government jurisdiction. Examples:• Ex post facto laws• Bills of attainder

• C. Require more than just simple majorities to make laws.• Need concurrent majorities• Need supermajorities to change the Constitution (2/3 of Congress or

states to propose an amendment, ¾ of states to ratify)

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Structure of the Constitution• 1. The 7 Articles (Divisions) of the Constitution:

• A. Article I: Legislative Branch• Organizes both houses of Congress• Legislative Process—how a bill becomes a law• Establishes the Powers of Congress—Enumerated (or delegated) powers

• Taxation (must start in the House)• Borrow money• Regulate foreign and interstate commerce—why?• Coin Money• Post Office• Establish lower courts• Declare War• Create/support Army & Navy • Necessary and Proper clause

• Limits on Powers of Congress• Cannot suspend habeas corpus (except during rebellion or invasion)• No Bills of Attainder or Ex Post Facto laws

• Powers Denied to the States• No coining money, no treaties, etc.

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Structure of the Constitution (cont.)

• B. Article 2: The Executive Branch• Establishes offices of President/Vice President• Electoral College• Qualifications for being president• Powers/Responsibilities of President

• Commander in Chief of military• Pardons• Make treaties (2/3 of Senate needed to approve)• Appointments to Court/Bureaucracy (Senate approval)• State of the Union/Recommend legislation• Receive ambassadors• Chief Executive

• Impeachment—for “high crimes and misdemeanors”

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Structure of the Constitution (cont.)

• C. Article 3: The Judicial Branch• Establishes (ONLY) the Supreme Court• Establishes jurisdiction of the Supreme Court (original and appellate)

• D. Article 4: The States• “Full faith and credit”• Extradition• Admission of New States, Republican governments

• E. Article 5: Amending the Constitution• F. Article 6: Supremacy Clause

• The Constitution is the “supreme law of the land”• G. Article 7: Ratification of the Constitution

• 9 states needed to ratify the original Constitution

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ARTICLE V: AMENDING THE CONSTITUTION• To amend the Constitution, there are two steps:

• Proposing the amendment, and• Ratifying the amendment

Two ways to propose an amendment:

Two ways to ratify an amendment:

A1 used 26 times, A2 used once, B1 and B2 never used.

2/3 majorities of the House and the Senate propose an amendment

Ratifying conventions in ¾ of the states approve the amendment

¾ of state legislatures must approve the amendment

2/3 of the states call for a Constitutional convention

A. B.

2.1.

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