Why constitutions?

 

Limit power of government.

Spell out procedures that limit government authority.

 

Should lead to legitimacy for a government.

 

Philosophipcal:

·      Classical liberalism
·      Federalist Papers

 

U.S. Constitution:

       Result of political conflict and debate.

 

       Designed to achieve specific ends

       


Articles of Confederation

 

Post Revolutionary War constitution

 

Feared Strong Central Government

 

Citizens identified with their individual states

 

Articles of Confederation created:

·      Strong States, weak central government.

 

·      Weak executive, strong legislature

 

·      Equal Representation (1 per state)

 

·      Decision Rule: Supermajority (9 of 13)

 

Shays’s Rebellion

Plan

Legislature

Executive

Virginia

Bicameral

Size of based on population

majority rule

lower house popularly elected

upper house selected by lower house

Individual selected by lower house

New Jersey

Unicameral

supermajority rule

equal representation

multi-membered executive

Connecticut

or

Great Compromise

Bicameral

House of Representatives: population based & directly elected;

Senate: equal representation, indirect election

both majority and supermajority

President; indirectly elected

 

 

Additional Compromises

 

I. Slavery

 

·      3/5 Compromise

 

II. Executive Powers:

 

How much power?

 

·      veto power

·      commander in chief

·      power of appointment

·      power to negotiate treaties.

 

Vagueness of Article II

Consequence: individual presidents able to shape office.

Institutional Design

 

Article I -- Structure and power of Congress. 

·      declare war

·      regulate trade

·      initiate money bills (H),

·      Advice and Consent (S)

 

Article II -- Powers and structure of presidency. 

 “executive power shall be vested in a president”

 

Article III. Judciary

·      Congress: power to create all lower federal courts

·      Judges: selected by president, confirmed by Senate, serve for life

 

Article IV

interstate relations

 

National Gov’t defends states from attack

 

Article V: Amending the Constitution

 

2 parts:

1. 2/3 majoriy Congress

*a. Call national convention

2. 3/4 of state

       a. legislatures

       b. ratifying conventions

 

Four possible combinations: (only 2 ever used)

1.  pass congress/pass state legislatures

2.  pass congress/ pass state ratifying conventions

 

Options 1+ 2a used every time except once 1 + 2b used

 

Article VI:

Federal law supercedes state law.

Ratification of the Constitution

 

 

 

1. Federalists – Pro-Constitution

 
·      Northeast and New England

·      Madison, Alexander Hamilton, John Jay

 

 

 

 

 

2. Antifederalists – opposed ratification

 

·      Rural - Southern

·      Samuel Adams, Patrick Henry, Thomas Jefferson (sort of)

 

 

RATIFICATION RULES & Strategies

 

1. Ratification of conventions of 9 states needed for adoption.

 

·      supermajority

·      Articles of Confederation

·      Could get 9 States

 

 

Why Conventions?

 

·      antifederalists powerful in state legislatures

 

 

Federalists agreed to Bill Of Rights to increase probability of ratification

Bill of Rights

 

Proposed 12, Ratified 10

1st freedom of speech, religion, press, assembly

 

2nd  well-regulated state militias

 

4th  unreasonable searches and seizures

 

5th  no self incrimination/double jeopardy

 

6th . right to trial/attorney

 

8th . cruel and unusual punishment

 

 

After Bill of Rights it ratified by 9 states in 1788

Majority Rule & Tyranny of the Majority

 

 

Majority rule viewed as the most fair decision rule.

 

 

 

 

Founders feared:

·     Tyranny of Majority

 

 

 

Constitution designed to prevent rule by a single group

Federalist 10

Safeguards against Tyranny of the Majority

 

I. Elections

 

1.  Republican (representative) government

 

 

 

2.  Multiple Selection procedures House, Senate, President

 

 

 

3.  Time bound terms of office & staggered elections (difficult to take control of all three branches in 1 election)

 

 

 

4.  Geographically defined representation

 

 

II. Separation of powers

·     Constitution gives each branch specific powers.

·     Certain powers reserved for specific institutions.

 

 

 

 

 

 

 

 

III.  Checks and balances 

·      Branches monitor & “check” each other.

 

IV.  Federalism

·     Power reserved for subnational governments.

·     Protects minorities

 

 

 

 

V. Concurrent and Supermajorities

 

 

 

 

VI. Formal Restrictions on Government

·      Constitution FORBIDS government action in a number of areas.

habeus corpus

ex post facto law


3 Consequences of the Constitution

 

1.Strong protection of individual rights

 

 

 

 

2.Bias in favor of status quo

 

 

 

 

3.System is sufficiently flexible to meet country’s needs.