Government Foundations

Transcription

1 Government Foundations --What is politics? --Political and Philosophical Roots of the Constitution --Structure of the Constitution 1 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 2 1

2 A Political Perspective on American Government (cont.) 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!!! 3 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 (legislatures). Legislative power (rather than executive) Close to the people Effective (salutary neglect: ) 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 4 2

3 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 (esp. no taxation powers) Events that led to reform: Annapolis Convention (issues of interstate trade) Shays Rebellion (issues of security) 5 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 6 3

4 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) R vs. D 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) 8 4

5 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. 9 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 10 5

6 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 11 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: A. B. 2/3 majorities of the House and the Senate propose an amendment Two ways to ratify an amendment: 1. ¾ of state legislatures must approve the amendment A1 used 26 times, A2 used once, B1 and B2 never used. 2/3 of the states call for a Constitutional convention 2. Ratifying conventions in ¾ of the states approve the amendment RETURN 12 6