Foundations of Government

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Foundations of Government

• The Constitution and Federalism

2
Todays Lecture

• Constitutions what they are
• US Constitution a product of rational
  self-interest
• The Madisonian Model
• Foreign policy and the Constitution
• Federalism and public policy

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Constitutions

• Definition
• A nations fundamental law. It creates political
  institutions, assigns or divides powers in
  government.
• Constitutions dictate what government can and
  cannot do.
• The US Constitution even guarantees rights and
  protections in the Bill of Rights.

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Constitutions (cont.)

• Sets the rules of the game.
• Rules have consequences for who gets what, when,
  and howthey affect politics
• Constitutions, therefore, affect the distribution
  of resources they affect policies
• Some rules are broad, interpretable, and
  changing.
• This allows for the contraction or expansion of
  governmental power over time

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Why a New Constitution

• The Articles of Confederation
• First Constitution of the United States
• States have most powers weak central government
• Economic turmoil scares the elite
• New Constitution needed
• Strong central government to regulate economy and
  protect interest of the wealthy

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U.S. Constitution

• A product of competing interests intent on
  furthering own self interest
• North v. South
• Slavery allowed by original Constitution
• States v. Federal government
• Who has which powers?
• How do states interact with each other?
• Which level of government is supreme
• This is federalism

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U.S. Constitution (cont.)

• Self-interest and compromise help create
  Constitution
• Yet, Constitution is designed to also limit
  rational self interest
• Check ambition with ambition
• Separation of powers checks and balances
• U.S. Constitution a product of individuals acting
  in their own self interest
• Rational choice theory

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Federalist 10

• Madison organized factions (parties) will
  destroy democracy
• Human behavior
• Virtue (community-based, altruistic)
• Interest (self-interest)
• Passion (Mob behaviorlarge groups)
• Government must minimize passion and maximize
  virtue

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Federalist 10 (cont.)

• Factions come from
• Unequal distribution of wealth
• Differing interests
• Vote minority factions down
• Cure for majority factions
• Large Republics
• Filter opinions through representatives
• Multiple districts spread passion around

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The Madisonian Model

• Limiting Majority Control
• Protect minority through a Bill of Rights
• Separating Powers
• Separate institutions have different
  responsibilities
• Creating Checks and Balances
• Institutions check each other
• Establishing a Federal System
• Federal and state governments check each other

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The Madisonian Model
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The Madisonian Model

• The Constitutional Republic
• Republic A form of government in which the
  people select representatives to govern them and
  make laws.
• Favors the status quo changes are slow
• A constitutional amendment, for example, requires
  2/3 support of both houses of Congress AND ¾ of
  states to support

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Constitution and Foreign Policy

• Constitutional checks and balances
• Congress
• Power to declare war
• Ratify treaties (Senate only)
• Confirm presidential appointments (Senate only)
• President
• Commander in chief of the armed forces
• Negotiate treaties
• Appointment powers
• Shared war power in US Constitution

14
Constitution and Foreign Policy

• Constitution sets broad parameters, but leaves
  much open to development
• Presidential war powers no longer require
  declaration of war from Congress
• Presidential speeches, in effect, state US
  foreign policy
• Presidential doctrines

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War Powers Act

• Applies the collective judgment of Congress and
  president to introduction of US Armed Forces into
  hostilities
• Requires president to consult with Congress
  before hostilities and remove forces if no use of
  force resolution within 60 days
• Shared powers?

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Federalism and the Constitution

• Constitution not only checks power horizontally,
  but also vertically
• Vertical check on powerfederal government
  checks state power and vice-versa.
• Federalism needed at the framing to balance state
  rights v. strong central government interests

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Federalism

• What is Federalism?
• A way of organizing a nation so that two or more
  levels of government have formal authority over
  the land and people.
• Why is Federalism So Important?
• Decentralizes our politics
• More opportunities to participate
• Decentralizes our policies
• Different problems solved more appropriately by
  different level of government.
• States can solve the same problem in different
  ways.

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Federalism and the Constitution

• The Division of Power
• Article VI Supremacy clause
• The Federal government is superior to the states
• But states have their own power and authority,
  too
• The 10th Amendment

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Federalism and the Constitution

• To establish the Constitution, states had to
  agree to it
• Early on, therefore, states had more real power
  vis-à-vis the federal government
• Establishment of National Supremacy
• McCulloch v. Maryland
• The Constitution grants implied powers to
  Congress those powers not enumerated, but given
  to Congress
• Gibbons v. Ogden
• The Commerce Clause

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Federalism and Public Policy

• Successful implementation of policy often
  requires cooperation between states and federal
  governments
• Clean Air Act relies on state enforcement
  agencies
• Federal law enforcement cooperates with state and
  local authorities
• Homeland security requires joint effort between
  federal, state, and local authorities

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Why is this Important?

• The Constitution structures the policy process
• Promote the status quo, limits change
• Federalism ensures that the federal government is
  supreme, but that states play a vital role in the
  policy process
• States are involved with most policies, one way
  or another

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Summary

• The U.S. Constitution divides powers across three
  branches of a powerful federal government and
  structures the policy process, promoting the
  status quo.
• Federalism further distributes interests and
  divides power between the states and federal
  government.