Administrative Details

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Readings for Friday James Madison, The Federalist, Nos. 51 and 46 Anti-federalist, Brutus Mock Debate A-L, federalists M-Z, anti-federalists

Articles of Confederation

Goal– a weak national government 1777-1789 No executive Limited powers for Congress Each state has one vote Super-majority required to pass laws

The Articles’ Deficiencies

Shay’s Rebellion (1786) Radical Legislatures in PA and RI Increasing foreign threats National government was TOO weak

Constitutional Convention

Philadelphia, Summer 1787 73 delegates from 11 states Are political and economic elites Hold discussion behind closed doors WHY?

Who were the Founders?

Challenges facing Framers

create coalition of merchants and planters for new government promote commerce/protect property prevent excessive democracy secure popular support ensure government was not too strong to threaten individual’s liberties

Constitutional Scavenger Hunt

Where must bills for raising revenue originate?

Of the enumerated powers granted to Congress in Article I, Section 8, how many would you classify as economic/ commercial, political, military, or other?

Can Senate expel Hilary?

The original Constitution explicitly mentions only 1 “Right”. What is it?

"Great Compromise"

Virginia Plan New Jersey plan Connecticut compromise The House based on population Senate treats each state equally

Congress

Most Powerful Branch; Article 1 collect taxes, provide for defense and welfare, borrow money, regulate commerce, uniform laws on bankruptcies, coin money, establish post office, promote science, punish piracy, declare war, raise armies and navies,

Legislative Assessment

create coalition of merchants and planters promote commerce/protect property prevent excessive democracy secure popular support

Constitutional Scavenger

What is the standard for removing the president from office?

8. How is the president chosen? How are electors chosen?

How do presidential powers compare to legislative powers?

President or Executive Branch

How to elect the presidents Compromise- Electoral College States receive number of electoral votes equal to representation in Congress.

if no one gets majorities, House of Representatives gets to choose president, one vote per state.

Powers of President

Article 2, 300 words only Veto legislation, commander in chief, power to grant reprieves and pardons, make treaties, appoint ambassadors, public ministers, judges and all other office of US, receive ambassadors give Congress information of the State of the Union, recommend such measures as he shall judge necessary and expedient, adjourn them if proper

take care all laws be faithfully executed the executive power shall be vested in a President

Analysis

Framers wanted a strong, but not too strong President Need executive to impart energy to national government make timely decisions Scared about national mandate

Scavenger Hunt

Does the Constitution give the Supreme Court the power of judicial review?

Judiciary, Article III

President appoints judges with the advice and consent of the Senate Supreme law of land

Assessment

Strong national government Ensures ratification with no mention of judicial review

Scavenger Hunt

What do Article I, Section 10, Article VI and Amendment X state about the relationship of the federal government and the states?

Comparison with Articles of Confederation?

Administrative Details

Handouts for Monday 2 thought questions: Whose interpretation of the constitution seems most plausible (Roche, Beard, or Diamond)?

What 2 constitutional amendments should we have?

Scavenger Hunt

What did the Constitution say about 3 slavery issues?

What are the exact words the Constitution uses to identify slaves in each of these sections

3/5ths Compromise

5 states in South, 8 in North Slaves are 30% of population in South slaves count as 3/5 of a person for the purposes of representation in the House of Representatives Slave trade and runaway slaves Indelible stain on the constitution

Scavenger Hunt

What does the Constitution or any of its amendments say about income taxes?

What does the Constitution or any of its amendments say about “intoxicating liquors”?

State Constitutions

The legislature may provide for an indem nification program to peanut farmers for losses incurred as a result of Aspergillums flavus and freeze damage in peanuts. Alabama, 1901.

The people hereby enact limitations on marine net fishing in Florida waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, over fishing and waster. Florida, 1968

Scavenger Hunt

Can a person who has engaged in insurrection or rebellion against the United States be elected as a Senator or Representative in Congress or hold any office in the federal or state government? How is such a disability removed? Any ideas why Congress passed this amendment?

Scavenger Hunt

Which groups or individuals have gained the right to vote via an amendment to the Constitution?

Scavenger Hunt

What section of the Constitution states 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?

What is the one right mentioned in Constitution?

Ratifying the Constitution

approved by at least nine states approved at ratifying convention Not state legislatures or popular vote Debate between federalists and anti federalists Needed the big states

Federalists vs. Anti-federalists

Madison (#10) v. Brutus Is democracy best served in large or small republics? Who is likely to be elected?

What is the greatest danger to democracy?

Madison- Federalist 10

Latent causes of faction are thus sown in the nature of man. “the most common and durable source of faction has been the various and unequal distribution of property” p. 18 Pure democracy has no cure for the mischiefs of faction Incompatible with personal security or the rights of property. P. 20

Madison’s Solution

Republican government to refine and enlarge the public views Liberty is safest in large (extended) republics many opinions and interests in large republic makes it harder for a tyrannical majority to form coalition formed in large republic are more moderate Liberty is threatened more by public passions and popular factions than by strong government

Brutus’s Reply

In a republic, the manners, sentiments, and interest of the persons should be similar (or else) constant clashing of opinions In a large republic “the people would be acquainted with very few of their rules, the people at large would know little of their proceedings, and it would be extremely difficult to change them. The consequence will be, they will have no confidence in their legislature, suspect them of ambitious views, be jealous of every measure they adopt, and will not support the laws they pass.”

Anti-federalists

small republic is best People are animated by a concern for public good strong national government would be distant from the people

Madison, Federal #51

Is a large republic enough to prevent tyranny of the majority?

Federalist #51, Madison

Ambition must be made to counteract ambition. If men were angels, no govt would be necessary. If angels were to govern men, neither external nor internal controls on govt would be necessary In framing a govt which is to be administered by men over men, the great difficulty lies in this: you must first enable the govt to control the governed; and in the next place oblige it to control itself.

Separation of Powers

Madison- accumulation of all powers, legislative, executive, and judiciary in the same hands, may justly be pronounced the very definition of tyranny. Legislature makes laws, executive administers, and judiciary interprets BUT Separation is not enough.

Checks and Balances

#51, Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.

Different Bases of Support

House of Representatives= only directly elected officials; every two years Senate= every six years; are selected by State legislatures until 1913 President= selected by electoral college; state legislatures; no popular vote Judiciary= appointed by President, confirmed by Senate. Life-time appointment

Checks and Balances

President can nominate judges; propose, veto laws, appeal to public Congress- approves budget, impeach president and judges, determine number and jurisdiction of courts, Senate confirms judges Courts- can declare executive actions and laws unconstitutional.

Comparison with UK

Prime minister chosen by majority party. No judicial review control and responsibility concentrated in legislature Same electoral base No checks and balances

Consequences

GRIDLOCK!

difficult to act unless there is overwhelming sustained consensus about course of action.

1994 GOP Revolution Flag burning Losers-- Efficiency and accountability

Separation of Powers

Limit the power of government Limit democratic majoritarianism (aka Tyranny of the Majority) Policy should not reflect majority public opinion