Review of Chapter One

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Review of Chapter One

• Sources of Political Conflict?
• Governments role in Political Conflict?
• Tools of Government for its role?
• Govs method to manage Political Conflict?
• How are the two main rule types different?
• What are the various source of structural rules?
• What is the nature of the Rules?
• How why do the Rules change with time?

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Key Terms Summary

• Material scarcity The inability of a society to
  provide its citizens with all the goods and
  services they may want or need.
• Values Principles and beliefs embraced by
  society.
• Legitimacy A self-imposed willingness of
  citizens to respect and obey the decisions of
  their government.
• Coercive force The ability of a government to
  compel its citizens to obey its decisions.
• Structural rules Rules that establish the
  organization, procedures, and powers of
  government.
• Policy rule A decision a government institution
  reaches on a specific political question within
  its jurisdiction.

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Chapter 2a Learning Objectives - The Constitution

• (1). Examine the Constitution as a reflection of
  political conflict.
• (2). Discuss impact of the Colonial Experience on
  the founding fathers.
• (3). Summarize the shortcomings of the Articles
  of Confederation.
• (4). Examine politics of Constitutional
  Convention its ratification.
• (5). Analyze political philosophy of Founding
  Fathers influence.
• (6). Examine the theoretical basis of the
  Declaration of Independence.
• (7). Explain conflict Individual Rights vs.
  majority Democratic Rule.
• (8). Discuss potential problem of Majority Rule
  how its moderated.

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Introduction some general points

• Short document compared with states
• Oldest National constitution now in use
• Little changed in contrasts to states
• 27 amendments in over 200 years
• 1st Ten Amendments made almost immediately
• Americans hold Constitution in high regard
• But most never read it or know whats in it

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General points- continued

• Constitution is a living document gt
  interpretation
• Lays out basic structure role of key political
  actors
• Constitution is a political documentgt not
  perfect
• Represents political compromises made at the time
  
• Written in a way to gain ratification of most
  states
• Difficult issues side stepped or made ambiguous
• Slavery womens rights left to future
  generations

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Constitution as a Reflection of Political
Conflict

• The Colonial Experience
• previous 150 years of relative independence
• Parliaments post French Indian War actions
• Need to pay for war security gt new lands
• How? gt Taxation without representation
• King George III his appointed governors
• Greater centralized rule from London
• Less autonomy of Colonial Legislators

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England's Political Situation - 1760's
King Georgess assertion of power steadily rose
The legitimacy of the English government fell
What was the impact of this change on the
Colonies?
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Impact on Colonies

• Growing colonial resentment toward tyranny
• Mistrust of centralized power
• (King located in London)
• Manifested in Kings appointed colonial governors
• Americans had more trust in states their
  legislature
• Attitude gt following War for Independence
• Shaped founding fathers attitudes toward
  government

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Colonists saw a decentralized government, (with
its diffusion of power, as preferable to a highly
centralized government.
Decentralized Power
centralized
Centralized Power
Branch 1
VS.
The King
Power Defused
Branch 2
Branch 3
Attitude incorporated into Articles of
Confederation
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The Articles of ConfederationKey Questions

• What is the source of national governments
  power?
• Type of government under Articles?
• Inherent problem with this type of government?

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The Articles of Confederation

• National Government only had powers that the
  states granted it.
• States retain their sovereignty, or supreme
  power, within their borders.
• The National Government would only have power to
  negotiate foreign relations.
• Articles did not provide for executive branch.

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Foreign policy run by Federal government
States grant powers
Articles of Confederation
No Executive Branch
States retain sovereignty
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Realities Problems of the Articles of
Confederation

• States negotiated own trade agreement with Europe
• States imposed their own tariffs- problem?
• Interstate Commerce development of a National
  Economy
• The wealthy class was unhappy with laws passed by
  state legislatures (to disadvantage of wealthy
  class).
• What practical example demonstrated Articles
  failure weakness?

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Shays Rebellion

• The participants in Shays rebellion protested
  Massachusetts economic policy
• (Property foreclosure of tax delinquent farmers)
• Governor asked for national government to put
  down the rebellion
• no one came.
• This rebellion highlighted the weaknesses of the
  Articles of Confederation gt result?

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The Constitutional Convention
ISSUES AND DEBATES

• What is the best form of government?
• What are the interests of the people and their
  leaders?
• How can a government be organized that best meets
  the needs of all?

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Three Critical Disputes

• How to allocate representation (power) in the new
  Congress
• How to deal with the question of slavery
• How to define the powers of the new executive
  office of presidency

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The Answers involved

• Compromise
• Calculated ambiguity in wording
• And a lot of politics during the Convention
• (Horse Trading)

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The Politics of the Constitutional Convention

• Structuring representation of National
  Legislature
• Setting agenda Virginia Plan (Madisons role)
• Counter proposal New Jersey Plan
• Conflicting interests big versus little states
• Resolving conflict through compromise
• Final outcome (compare contrast) gt

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The Virginia Plan called for

• Two house legislature
• Separate executive branch
• Separate judicial branch

What were the responsibilities of each branch?
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Responsibilities of each branch
Judicial Branch
Legislative Branch
Executive Branch
Make the Laws
Enforces Laws
Interpret Laws
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The Legislature under the Virginia Plan
Under this plan, voters elect the Lower House,
which, in turn, elects the Upper House
Upper House
Lower House
Voters
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New Jersey PlanSmall States Counter-Proposal
One Housegt

Each State
Equal Number of Representatives
elects
How was the conflict between the two plans
resolved?
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The Connecticut Compromise
Split the difference
House of Representatives
Based on Population
Two Seats per State
Senate
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Summary Compare Contrast
New Jersey Plan
Americas Constitution
Virginia Plan
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The Slavery Issue

• Concerns of the Southern States
• Economic cultural way of life
• How was the slavery issue addressed?

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The Three-Fifths Compromise

• Southern states were concerned about receiving
  equal representation in Congress.
• The North had a greater population
• Therefore more potential power to make laws
• The South feared that the Northern Legislators
  would outlaw slavery.
• Northern States agreed to count slaves as
  three-fifths of a person as a compromise
• For the purpose of counting Souths state
  population
• To insure Souths participation in new Government

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Debate over Presidential Powers

• Focus of debate
• Basic conflict over delegated powers
• Method for resolving those conflicts
• The Role of George Washington

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Determining the Powers of the President

• Some wanted a strong executive branch
• Others wanted a weak executive
• How was this conflict solved?
• To solve this conflict
• The powers delegated to the President were
  intentionally kept ambiguous (Why not a
  problem?)
• George Washington was generally considered
  trustworthy by all
• And largely assumed that he would be the first
  President (why?- his track record during Rev.
  War)

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The Politics of Ratification

• Taking sides Federalists vs. Anti-federalists
• Defining the agenda gt advantage of being
  positive
• Making the rules for Ratification just right
• Why nine states? (9 out of 13 RI ¾)
• Conventions of states vs. state legislatures
• Legitimate Anti-Federalists issue?
• Bill of Rights (Guaranteed individual liberties)
• Protections against a strong central government

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Colossus of Despotism

• Antifederalists saw the Constitution as a
  potential tool of tyranny
• They called it the most daring attempt to
  establish a despotic aristocracy among freemen,
  that the world has ever witnessed."

• How did the Federalists respond?

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The Federalists Response

Rules of Ratification
Bill of Rights
Ratification
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The Rules for Ratification

• Federalists decided to put the vote to special
  state conventions rather than state legislatures
• why?
• Federalists also decided that 9 of the 13 states
  would be required to approve the Constitution
• rather than the unanimous approval required by
  the Articles
• why?
• (Where was Rhode Island?)

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Constitution as a Reflection of the Founders
Philosophy

• Individual Rights and Democratic Rule
• 18th century Classical liberalism
• Individual rights and the role of government
• Majority rule versus Minority rights- concern?
• Majority Tyranny The Paradox of Majority Rule
• Individual rights trump majority preferences
• Constant balancing act of government
• One groups interests countering anothers
• Role of the Federalists Papers -key authors?

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Classical Liberalism

• Founders embraced 18th century philosophy
• Individuals have intrinsic value
• Their rights are natural or inalienable
• Their rights cannot be denied
• Government role purpose
• safeguard these rights
• Government should act IAW majority desires
• but also act to protect individuals rights
• What document articulates this philosophy?

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The Declaration of Independence

• The influence of the doctrine of natural rights
  is evident in the Declaration of Independence
  (1776), which declares that people are
• endowed by their Creator with certain
  unalienable rights, that among these are Life,
  Liberty, and the pursuit of Happiness.
• What are the ways these rights could be
  threatened in a Democracy and how can this be
  prevented?

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Majority Tyranny
A situation in which the majority uses its
advantage in numbers to suppress the rights of
the minority. A major concern of the Founding
Fathers- why?
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How to Prevent a Majority Tyranny

• Establish rules
• make it difficult to form a permanent electoral
  majority
• Divide governing authority
• Three branches of government
• State and Federal
• Place limits on government
• What it can do

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Preventing Majority Tyranny finding the balance

• Electoral rules gt
• Democracy vs. Republicanism
• Indirect elections (Text Figure 2-1)
• Fixed terms of office
• Geographically defined representation
• National vs. states districts (Colonial
  experience)
• Divided Authority (horizontal separation)
• Separation of Powers
• (The Three Branches of government)
• Checks Balances (Text Figure 2-2)

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Democracy vs. Republicanism

• Democracy
• A form of government in which the people are the
  ultimate political authority
• (defined broadly to include all adults or
  narrowly to exclude women or slaves, for example)
• Republicanism
• A system of government in which the peoples
  selected representatives run the government

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Electoral Rules 2 Indirect Elections

• The founders of the United States, fearing a
  permanent ruling majority, established an
  indirect form of election.
• The founders believed that if government
  officials were insulated from the passions of the
  public, it would be easier to protect the rights
  of the minorities.
• Direct vs. indirect election
• (illustrated in next three slides gt)

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Direct Elections- illustration
Under the original provisions of the
Constitution, the members of the House of
Representatives were the only government
officials that people selected directly.
V o t e r s
House of Representatives
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Indirect Elections (Before 17th Amendment)
All other government officials were to be
selected by the states, or appointed by the
president and confirmed by the Senate.
V o t e r s
Electoral College
President
Supreme Court
State Legislatures
Senate

House of Representatives
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Indirect Elections (After 17th Amendment)
In 1913, the passage of the 17th Amendment
allowed the people to elect directly senators,
which eliminated the states roles in choosing
senators.
Electoral College
V o t e r s
President
Supreme Court
States
Senate

House of Representatives
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Fixed Terms of Office

• Elections set on fixed dates help prevent
  permanent electoral majorities.
• Elections cannot be rescheduled to take advantage
  of favorable circumstances
• As is done in some other (Parliamentary)
  Democracies.

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Electoral Rule 2 Staggered Elections
Representatives
2 years
President
4 years
Senators
6 years
Elections for Senators are staggered1/3 of the
Senators are up for reelection every two years.
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Electoral Rule 3 Geographically Defined
Representation

• The founders reasoned that by having geographic
  representation it would be difficult for any
  particular group to win a national majority gt
  for example
• Senators are chosen by state.
• Representatives are chosen by district.

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Separation of Powers

• The founders took this doctrine from Baron de
  Montesquieu.
• The principle that each of the three powers of
  government legislative, executive, and judicial
  should be held by a separate branch of
  government.

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Separation of Powers and Checks and Balances

• To protect against majority tyranny, the founders
  created a system based on two closely linked
  principles

• Separation of powers divides the federal
  government into three equal branches
• versus (know the difference!)
• Checks and balances gives each branch powers
  that enable it to prevent the other branches from
  taking actions that it opposes.

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Separation of Powers and Checks and Balances
(examples)
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Preventing Majority Tyranny finding the balance
(continued 2)

• Bicameral legislature (Senate vs. House)
• Concurrent majority - ?
• (when is a bill ready for President to sign ?)
• Federalism (vertical division of authority)
• (How does Federalism divide power?)
• (How different from horizontal division?)

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Federalism
U.S. Constitution divides power
State Government
Federal Government
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Preventing Majority Tyranny finding the balance
(continued 3)

• Formal boundaries limits on government powers
• Limits placed in original constitution
• Habeas corpus
• No Bills of attainder
• No Ex post facto laws
• Bill of Rights protections (Chapter 4)

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Key Terms Next Class prep

• Review Key Terms in text class notes
• Next Class
• Core Provisions of the Constitution
• Three Consequences of the Constitution
• Federalism (see also Chapter 15)