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The Constitution and Democracy. princetonol.com. The Preamble. Key Principles of Government. Founders did not intend to create a direct democracy Examples: Popular Sovereignty – Consent of the governed –Popular vote was only in the H.R. Separation of Powers between the branches
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The Constitution and Democracy princetonol.com
Key Principles of Government • Founders did not intend to create a direct democracy Examples: • Popular Sovereignty – Consent of the governed –Popular vote was only in the H.R. • Separation of Powers between the branches • Checks and balances cartoonstock.com thepomegranateapple.wordpress.com
Checks and balances kminot.com
Key Principles of Government • Federalism – power was divided between the national and state governments • Judicial review – although not listed in the Constitution, little doubt that the Constitution had to be safeguarded from popular passions • Difficulty of the amendment process mdk12.org congressforkids.net
Federalism • Political authority that is divided between a national government and state/local governments truthdive.com
Government and Human Nature • Option A – improve human nature – Americans would have to become good people before they could become a good government • Option B – Madison (and others) – Make republican government possible in the absence of “political virtue” • Self- interest that could lead to factionalism could be harnessed by appropriate constitutional arrangements – separation of powers and checks and balances rightofwaydaily.wordpress.com allthingsworkplace.com
The Constitutional Dilemmas • How does the government guarantee liberty, while providing the necessary protections and services to it’s citizens? • The Founding Fathers realized that the very protection that people desire, will have to limit personal freedoms.
The Constitutional Dilemmas • Issues that needed to be reconciled: • National vs. State Power • Majority vs. Minority Rights • Small States vs. Large States • Slave States vs. Free States • Merchant Interests vs. Agrarian Demands
Anti-Federalists • It is natural to a republic to have only a small territory, otherwise it cannot long subsist. In a large republic there are men of large fortunes, and consequently of less moderation; there are trusts too great to be placed in any single subject; he has interest of his own; he soon begins to think that he may be happy, great and glorious, by oppressing his fellow citizens; and that he may raise himself to grandeur on the ruins of his country. In a large republic, the public good is sacrificed to a thousand views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is easier perceived, better understood, and more within the reach of every citizen; abuses are of less extent, and of course are less protected. Montesquieu
The Anti-federalist View • Liberty could be secure only in small republics • The nation needed, a best a loose confederation of states with most of the power being wielded by the state legislatures (national government was too distant from the people) • If there was a strong national government, there should be many restrictions placed on it • A bill of rights needed to be added libertypundits.com academyoncapitalism.org
Federalist Papers visitingdc.com • The Federalist Papers are a series of 85 articles, written by James Madison, Alexander Hamilton, and John Jay, advocating the ratification of the U. S. Constitution. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between Oct. 1787 and August 1788. • Federalist No. 1o is an essay written by James Madison. It was published under the pseudonym Publius, the name under which all the Federalist papers were published. knowledgerush.com tothesource.org
Federalist No. 10 • Faction – “a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” • The most common source of factions were the unequal distribution of property • A republic was needed to protect individual liberty from majority rule – protect the weaker party – esp. personal security or the rights of property http://students.historygeek.org/Unit2/federalistpapers.jpg hepoliticalcarnival.net
Federalist No. 10 • How to control factions? • Factions will destroy liberty – “liberty is to faction what air is to fire” • Create a society that is homogenous in its opinions? – Impossible –Soviets • Madison emphasizes economic stratification – factions naturally exists because of differences in people’s skills and abilities • “The latent causes of faction are thus sown in the nature of man.” sodahead.com zazzle.com
Federalist No. 10 • Since you can’t stop factions, they can only be limited by controlling their effects • Liberty is safest in “extended” (large) republics – develop resistance to factions (special interests) • Because of the size of the republic, coalitions (an alliance of factions) would be required to provide solutions – this would moderate the decision-making process, because this would require accommodations made to a diversity of interests and opinions faithclipart.com 48daysmarketingcoach.com
Federalist No. 10 • Will a having a large constituency provide for better representation? • Does the protection of minority rights delay, slow down, and hamper the will of the majority? Does Madison prevent action? • The problem is partially solved through federalism – local matters will be under the control of the state and local officials http://ts2.mm.bing.net/images/thumbnail.aspx?q=207153339617&id=1c53862ac056a8e9698e0e18440a6b5e&url=http%3a%2f%2fstudents.historygeek.org%2fUnit2%2fFederalism_cake600g50.gif
Federalist No. 51 • Advocates separation of powers within the national government • Appropriate checks and balances must be created • “Ambition must be made to counteract ambition” • Legislative branch is the strongest, that is why it must be divided ra-einhorn.com wishafriend.com
Federalist Papers 10 and 51 • Governments should be somewhat distant from the momentary passions of the people – Governments needed to be designed to prevent both the politicians and the people from making ill-considered decisions • No bill of rights was necessary • Madison’s arguments shape the debate, but political realities and recent experiences with the Articles probably had the greater effect on passage of the Constitution filipspagnoli.wordpress.com
Resistance to a Bill of Rights • They were unnecessary because the state’s had their own bill of rights • The federal government had specific, limited powers – By adding a bill of rights later generations might assume they had he power to do anything not strictly forbidden myfreedompost.com
Constitution Guarantees - Individual Liberties • Habeas corpus – an order to produce an arrested person before a judge • Bill of Attainder – a law that declares a person, without a trial, to be guilty of a crime • Ex post facto law – a law that makes an act criminal although the act was legal when it was committed toonpool.com oldpunks.com
Constitution Guarantees - Individual Liberties • Jury trials in all criminal cases • Citizens entitled to the privileges and immunities of all other states • No religious tests for office • No laws impairing contracts tmz.com paddyinba.blogspot.com
Getting The Constitution Passed • Bypassed the state legislatures • Required ratification by conventions in at least nine states • The ratification process was technically illegal • Framers knew that unanimity was not possible orientem.blogspot.com
Bill of Rights • Twelve were approved by Congress, ten were ratified by the states – went into effect in 1791 • They did not limit the power of state governments over their citizens, only the Federal Government • It wasn’t until the 14th Amendment that the Supreme Court extended the guarantees of the Bill of Rights to state governmental actions ameslogancourier.org
Motives of the Framers • Charles Beard, 1913 An Economic Interpretation of the Constitution – argued that the wealthy urban and commercial classes, especially those who held IOU’s from the Revolutionary War supported the Constitution for personal gain • Over time statistical evidence has shown that economic interests can not be used exclusively to explain the decisions of the Founding Fathers coverbrowser.com coverbrowser.com
Motives of the Framers • Slave owning delegates did play a role, but others tried to limit their effects • Ownership of the public debt had no significant effect on how the Framers voted • The more important variable was the representation of state’s interests • Voted as much on personal beliefs as on economics hebsreport.wordpress.com
Constitutional Amendments mrosman.com thisnation.com
Constitutional Amendments • A national convention for proposed amendments has never been called. The fear is/was that the convention would consider other amendments outside of the realm of the original purpose blogs.msg.com The 21st Amendment (repealed the 18th Amendment – prohibition) is the only one that has been ratified by state conventions. The framers of the Constitution wanted a means of sometimes bypassing the state legislatures in the ratification process.
Constitutional Amendments • A state ratifying convention has no modification or proposal powers. It may only debate upon, and then either approve or reject, the proposed amendment, unlike a convention to propose amendments to the U.S. Constitution. Delegates in each state are chosen through an election which must take place no later than one year after having been called by its governor. mchumor.com
Informal Changes to the Constitution • Congressional Actions – pass laws • Creation of the Federal Court System • Creation of the Executive Departments and Independent Agencies • Use of the necessary & proper clause to expand/clarify federal powers journalism.about.com guides.library.msstate.edu
Informal Changes to the Constitution • The Executive Branch – enforce the laws • Executive Agreements between the President and other heads of state • Use of military without a declaration of war • The Judiciary – interpret the laws • Judicial Review: Marbury v. Madison • Desegregation: Brown v. Topeka amazon.com blog.abhinav.com
Informal Changes to the Constitution • Customs • The State of the Union • The Cabinet • Two term Presidents prior to the 22nd Amendment • The Presidential Nominating Process • The Congressional Caucuses State.gov lewebpedagogique.com
Contemporary Complaints • Government does too much • Limit taxes • Require a balanced budget • Line-item veto • Limit the authority of the courts • Government is too slow/indecisive • President needs to be more powerful s703.photobucket.com correctgovernment.blogspot.com
Contemporary Solutions • Allow Congress members to serve concurrently in Cabinet • Allow president to dissolve Congress and call for a special election • Empower Congress to call for a special presidential election before the end of a president’s term, when the president has lost the nation’s confidence
Contemporary Solutions • Require presidential/congressional candidates to run as a team in each congressional district • Establish single six-year term for president • Lengthen terms in House to four years so elections would be concurrent with the president.
