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PSCI 1101 11 Sept 2007

PSCI 1101 11 Sept 2007. The U.S. Constitutional Foundation a. Connecticut Compromise b. Three-fifths Compromise Elements of the U.S. Constitution Tension between Democracy and Constitutionalism. The Connecticut or Great Compromise.

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PSCI 1101 11 Sept 2007

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  1. PSCI 110111 Sept 2007 The U.S. Constitutional Foundation a. Connecticut Compromise b. Three-fifths Compromise Elements of the U.S. Constitution Tension between Democracy and Constitutionalism

  2. The Connecticut or Great Compromise Bicameral representation with different methods of representation in the two chambers (Senate and House).

  3. How did the Connecticut Compromise emerge?

  4. Spatial Description of the Connecticut Compromise Nationalist VA GA PA * MA Virginia Plan SC NH NC * Connecticut NY DE Compromise CT MD NJ RI * Articles of Confederation Anti- Nationalist Equal Representation of States Proportional Representation of Population

  5. The Great Compromise • Representation of states and population • Power shared between national and state governments

  6. A Second Major Controversy in Representation: Who would be counted? Who would be excluded?

  7. The Three-fifths Compromise Article I, Section 2: “Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.”

  8. How did the Three-fifths Compromise Evolve? Southern Position: • Counting slaves increases representation of the South, a gain in House votes

  9. How did the Three-fifths Compromise Evolve? Northern Position: • Argued that only free people can be counted • However, counting slaves increases the tax base and shifts a greater share of that burden to the South

  10. The cynical interpretation of the Three-fifths Compromise:This was a bargain struck by buyers and sellers. The South bought votes with tax money, and the North sold votes for tax relief.

  11. U.S. Constitution Important elements: • Seven Articles outlining the structural features of government • First ten amendments: Bill of Rights • Seventeen additional amendments (added 1798-1992); total of 27 Amendments

  12. U.S. Constitution Separation of powers/checks & balances: Article I: Legislative power (Congress) Article II: Executive power (President) Article III: Judicial power (Supreme court)

  13. U.S. Constitution Article I: Legislative power (Congress) Article II: Executive power (President) Article III: Judicial power (Supreme court) Federalism: Article IV: States

  14. U.S. Constitution Article I: Legislative power (Congress) Article II: Executive power (President) Article III: Judicial power (Supreme court) Article IV: States (federalism) Other structural and procedural elements: Article V: Amending the Constitution Article VI: Supremacy of U.S. Constitution Article VII: Ratification of the Constitution

  15. The Supremacy Clause Article VI, Sec. 2, U.S. Constitution “This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

  16. Tension BetweenDemocracy & Constitutionalismin the U.S. Political Context Democracy: majority rule U.S. Constitution: protection of the rights of citizens, or minority rights

  17. Justifying constitutional restraints on majority rule: Protecting minority rights from the tyranny of the majority

  18. Federalist No. 10Madison’s Argument In a small political system: • more likely to find a consistent majority who would control decision making • minority interests would never have a chance

  19. Federalist No. 10Madison’s Argument A strong, large republic: • would guard against the dangers of factions (or special interests) • would protect minority rights against the tyranny of the majority.

  20. Federalist No. 51Madison’s Argument “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself.”

  21. Madison’s concernin Federalist No. 51: Concentration of power

  22. How can you have a strong national government (necessary to protect minority rights) without concentrating power in a way dangerous to the rights of citizens?

  23. Federalist No. 51Madison’s Argument "Ambition must be made to counteract ambition.“ The most important structural elements to limit government at the national level: • Separation of powers • Checks and balances

  24. Checks and Balances of the Three Branches of Government

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