Transcript Does the Constitution Matter?

Does the Constitution Matter?
Constitutional Make-up
• What the founders hoped for – Ideal Democracy
– Direct Democracy
• Equal Voting (One person – one vote)
– Each person gets a vote – equal say in gov.
» Less than 50% nation vote, 25% congressional, 10% state
• Effective Participation
– “rule by one” leaders are reps. of the people
– Citizen Apathy impedes this principle
• Enlightened Understanding
– Informed public willing to participate
– Confusion creates apathy
– Media Sensationalism creates citizen ignorance
– Constitution created a Dr. Jekyll & Mr. Hyde
• Representative Democracy
– Citizens vote for individuals to protect interests
» Leaders must act in accordance with peoples desires
– Highly qualified candidates
» Under representation of qualified people – most are lawyers
(Yuck)
» Money acts as a deterrent
– Federalism - powers divided on multiple levels
• Separation of Powers
– Powers of government are separate
– Checks & balances
• Powers can check/stop each other
• Legislative, executive, & judicial branch
•
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Principles of Constitution
Representative Democracy
– Founders are an Enigma – Rebels to gain freedom – but did not
trust the people
• Legislature is voted in by people
– “Article I - Section II”
members composed of people chosen by the people
– “Article I - Section III” Legislature chosen by the
Legislature (changed in 1913)
– “Article II - Section I” President indirectly voted in by the people
» Electoral college - votes cast by the amount of people in
legislature
• Gov. to represent the people
• State legislatures to elect the senate keep control of Government
Federalism
– American invention
• Find a balance to power between state & nation
• Two different levels of authority
– Central authority
– Lower - local authority
» People are ruled over
• Shared powers
– National & State government can tax the people
– Establish courts; make laws; spend money for general welfare
• States have their own powers as well
– Regulate interstate trade; establish local gov’t, provide health, safety of
citizenship etc…
Principles of Constitution
• Federalism
• Prohibitions on National & State level
– National Government can not give economic preference to
certain states
– States can’t enter treaties; can’t coin money
• Constitutional law is supreme to state law
– Article I Section 8 “necessary proper clause” federal
government given supreme power
– State vs. Federal power is always at forefront of debate
• Separation of Power
• Most fundamental point of the framers
– “all powers held by one branch of government would result
in tyranny”
– Creation of three branches of government
• Constitution is not built to be fast acting - meant to be
inefficient
– Creation of grid lock - veto powers, 2/3 compromise,
ratification
• Not always a rigid stand when following the constitution
– Government has operated has fluctuated
General Debates
• Constitution dominates our society
• Federalism & Federal lands
– Much of the west is owned by Nation Gov (Nevada 95%)
– Much of the land is leased to private interests
» Ranchers lease land purchased from gov to investors
= money
» Millions of dollars have been made off these
industries
– Economics have dominated political power in West
» Representatives elected by interest groups –
those making money
» In return Congress person support the cheap use of
land
– Many believe the western lands need preservation – not to
be leased and exploited
» Seek federal protection – not money
» Gov should not subsidize land or industry (Market
Price)
– State control
» State individuals think states should take control –
» Land is for public enjoyment – private business must
pay full price
» This threatens industry leasing & using the land
» Worry about state control over land - privatization
– Who should control public land?
General Debates
• Power of National Government
• Conservative belief: Over stepping of bounds found in
constitution
– Serious attempts to curb power of gov – 1994 “American
Contract”
• Conservatives: Limit gov in business, environment,
taxation, education, regulation etc…
– Local problems – solved locally – no national government
– No national standards for these problems
– Urban solutions don’t fit rural problems (vise versa)
• Conservatives: Community Choice on issues
– Why should non-polluted states be regulated the same as
polluted states?
» Choice breeds creativity & experimentation
• Liberals – Issues are national problems
– How can U.S. be competitive w/out educational standards?
» National gov should have power over education
– How can U.S. have decentralized environmental policies?
» Pollution has no boundaries!
– Poverty is a national problem – what if states choose to do
nothing? (Spill over effect)
General Debates
• Divided Government – Gridlock
• Meant to work slower – allows checks
– Theorists believe gov needs to be
equipped to handle changing society
• 1994-1995 gov controlled by
Republicans
– Attempt to eliminate gridlock – 1994
“America’s Contract”
» Republican controlled leg.
Proposed balanced budget bill
» Democratic President Clinton
vetoed leg. Bills (Too many cuts)
– Clinton came up with own balanced
budget
» Republicans vetoed his bill – shut
down congress (twice)
– So what? What does this all mean –
1996 election
» Clinton and Congress not getting
along; yet Clinton re-elected 1996
» Perhaps American’s do like
gridlock