Chapt 2
- 1. Introduction to the ConstitutionDevelopment of the Constitution and Separation of Powers
- 2. FocusWhat collective action problems did the framers face?How to aggregate preferences?Is the U.S. democratic?What sort of “tyranny did the framers fear?What did the framers get right? What did they get wrong?
- 3. Principles and AgentsPrinciples: individuals who possess authority to make decisionsAgents: someone who implements the decisions of a principle
- 4. P-A Relationships and the FoundingEnglish Monarchy and colonial governmentsArticles of Confederation- States and the National GovernmentDelegates of the Constitutional Convention and the statesU.S. Constitution- people and the government
- 5. Flaws of the Articles of ConfederationGridlockBankruptcyEconomic troublesUnresolved conflictsExecutive problems
- 6. Shay’s Rebelliona case study of the problems with AoCImagine today… soldiers from Iraq coming home to foreclosed on homes…Daniel Shay and friends were soldier/farmersTook over armory Blockaded town hallPrevent banks from filing foreclosure papersThe effect on the “framers”Worried about “tyranny of majority”Worried about excessive democracyDid not trust average citizen to be a rational actor, that is to put long-term interest before short term.
- 7. THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONSMythThe Constitution was a popular document and there was widespread consensus on its principles and the need for its ratification.RealityThe Constitution was the result of many conflicts and compromises, and the fight over its ratification was an intense ideological and political battle between Federalists and Anti-Federalists.
- 8. THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONSMythThe Constitution was a democratic document.RealityMuch of the document aimed at curbing “excessive” democracy.Rather than a democratic document, the Constitution is more properly understood as a republican one.
- 9. Federalists v Anti-federalistsSupported the new ConstitutionDid not support the Bill of Rights ideaFavored filters for “common citizens” and elite ruleElites, property owners, merchants… upper classDid not approve of the new ConstitutionRequired the Bill of RightsFavored states’ rights, local control, and strong protections of libertiesSmall farmers, shopkeepers, debtors… common folks
- 10. Four Key Principles of the U.S. ConstitutionRepresentative democracy or a republican form of governmentSeparation of Powers with Checks and BalancesFederalismStrong Respect for Civil Rights and Civil Liberties
- 11. FederalistPapersReasons why the new constitution should be supportedFederalist #10 and # 51
- 12. FactionsPeople rally around short term interests rather than acting for long-term benefitCause: “OUR PROPENSITY TO VEX AND OPPRESS EACH OTHER.”“a number of citizens, whether amounting to a majority or minority 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.”
- 13. Solving for FactionsMinority factionsMajority rules Majority factionsRepresentative democracyCompetitive elections which allow for virtuous to be electedLarge geographic districts
- 14. Preventing Factions by DistrictsLegislative DistrictsSenate DistrictsElectoral College
- 15. THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONSMythAs with any Constitutional government, the U.S. Constitution limited government power.RealityAlthough there are many limitations on the government in the Constitution, its ratification actually represented a “power grab” that increased the strength of the central government.
- 16. Representation: A Key Principle-Agent DebateVirginia PlanNew Jersey PlanGreat Compromise
- 17. Federalist #51Why 3 branches?Why separation of powers?Why checks and balances
- 18. Federalist #51 “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? 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.”--James Madison (Publius), Federalist #51
- 19. Separation of PowersThe division of powers among several institutions that must cooperate in decision or policy-makingThe allocation of constitutional authority to each of the three branches of governmentWith different responsibilitiesDifferent powersDifferent constituencies, which makes them accountable to different groups of peopleDifferent terms of service
- 20. Distribution of PowerFounders assumed that the Legislative Branch is most powerful.Article I– the most detailed in outlining power and restrictions
- 21. The other branches depend on Congress for much of their authority.Today– many think of the Executive Branch has having the most power.Growth of the bureaucracy
- 22. Increasing powers of the president
- 23. Increasing legislative influence of the White House.Checks and Balances“…by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper place.”“Ambition must be made to counteract ambition.”Each has in interest in making sure others do not gain more power than their fair share.
- 24. Fig. 2.2