The Constitutional System

Political Science 12American Government & Politics : Political Science 12 American Government & Politics


Slide2 : Political Factoid: The U.S. Constitution is the oldest written constitution in the world. It is about 4,400 words long, which is the rough equivalent of about a 15-20 page term paper, double spaced. This also makes it the shortest constitution in the world. The new Iraqi Constitution crafted after the U.S. invasion is about 11,000 words long when translated into English.


Slide3 : Political Factoid: Of the forty-two people who have been President, thirty-one served in the military, and twelve were Generals.


The Constitutional System : The Constitutional System Or… Why it takes the government so long to do anything.


Outline: The Constitutional System : Outline: The Constitutional System Democracy Madisonian Democracy Pluralism Shared Powers Federalism James Madison 1751 – 1836 4th President of the U.S.


Democracy : Demos = “the people” Kratein = “to rule” Democracy = Rule by the people Self government by the many, rather than the few. Democracy


Democracy : Democracy Two Types of Democracy Direct Democracy: All citizens able to meet together regularly; debate and decide on issues face-to-face. Best in small communities. Representative Democracy: A system where representatives are selected by society at large to act in their place. Best in large communities.


Fundamentals of Representative Democracy: : Fundamentals of Representative Democracy: Popular Sovereignty Government policies reflect the wishes of the people Government leaders are elected Elections are free and fair People participate in the political process High-quality information is available The majority rules


…Fundamentals of Representative Democracy (contd…): : …Fundamentals of Representative Democracy (contd…): 2. Political Equality: Each person carries the same weight in voting and other political decision making. 3. Political Liberty: Freedoms essential to the formation and expression of majority opinion and its translation into public policies.


Outline: The Constitutional System : Outline: The Constitutional System Democracy Madisonian Democracy Pluralism Shared Powers Federalism James Madison 1751 – 1836 4th President of the U.S.


Madisonian Democracy : Madisonian Democracy Problem = Self Interest CONFLICT Solution = Self Interest! Fear = Tyranny of the majority: “when the same groups is repeatedly losing and the same group is repeatedly winning.” (Squire 27)


The Solution: according to Madison : The Solution: according to Madison Many power points so all groups represented Shared power ensures no tyranny Self Interest Representation Factions Conflict Dispersed Power Freedom from Tyranny


Example 1 : Example 1 Bob loves forests (self interest) Bob is both ineffectual and unorganized on his own Bob seeks better representation of his interests at a higher level Bob finds that there is a group of others who feel the same as Bob about forests. Bob joins the Sierra Club and is represented by an organized and effective faction at the national and local levels. The Sierra Club and the logging industry balance against each other, no one group consistently wins. (Conflict) Bob


Example 2 : Example 2 Factions that are pro-immigration balance against factions that are anti-immigration. Many bills were discussed and debated. No resolution had been made This system protects the status quo.


Self Interest : Self Interest “Instrumental Self Interest” Goal oriented; action supposed to produce some outcome that is consistent with the individual’s goals. (Madison) 2. “Cost-Benefit Self Interest” Individuals weigh the costs associated with acting in pursuit of their goals; if costs outweigh benefit, individual does not act.


Outline: The Constitutional System : Outline: The Constitutional System Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny Electoral Rules Shared Powers Formal Boundaries James Madison 1751 – 1836 4th President of the U.S.


Pluralism : Pluralism Individuals are not as instrumentally self-interested as Madison thought. 2. But individuals can be politically active through non-political groups. These groups help to lower costs of participation.


Pluralism : Pluralism 3. On different issues, different factions exercise power. 4. Cross-cutting cleavages exist No totally homogenous groups 5. No majority exists, just larger or smaller factions.


Pluralist View of American Politics : Pluralist View of American Politics CITIZENS INTEREST GROUPS VOTE FOR GOVERNMENT OFICIALS GOVERNMENT Belong to Try to Influence


Outline: The Constitutional System : Outline: The Constitutional System Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny Electoral Rules Shared Powers Formal Boundaries James Madison 1751 – 1836 4th President of the U.S.


Preventing Majority Tyranny : Preventing Majority Tyranny Framers’ Motivations: Framers feared tyranny Framers feared concentrated power (King) Framers feared “tyranny of the majority” Framers feared the “whims of the majority”


1. Electoral Rules : 1. Electoral Rules Elections are subject to rules that inhibit the formation of permanent electoral majorities. The Rules: Indirect Elections Fixed Terms in Office Geographically Defined Representation


Electorate and Office Term : Electorate and Office Term Position Term Electorate House of Reps 2 Years The People President 4 Years Electoral College Senate 6 Years State Legislatures* Supreme Court Life President & Senate Justices


2. Shared Powers : 2. Shared Powers Separation of powers ~ Shared Powers LEGISLATIVE Congress EXECUTIVE The President JUDICIAL The Supreme Court


List of Shared powers : List of Shared powers Legislation passed by Congress can be vetoed by the President Legislation that is passed by Congress can be overruled by the Supreme Court The President can negotiate treaties, but they must be approved by the Senate Congress has the sole power to declare war, but the President must carry it out as Commander-in-Chief


…More Shared Powers : …More Shared Powers The President can grant pardons, thereby overruling the federal courts in criminal matters Cabinet members & other top gov’t officials are nominated by the President and subject to confirmation by the Senate Federal judges are nominated by the President & confirmed by the Senate President may be impeached by the House and tried by the Senate w/ the Chief Justice as the judge.


Federalism : Federalism Federalism = The idea that a country should have different levels of government each with its own set of sovereign political powers. Why not just one big federal government? … The history….


History Behind Federalism : History Behind Federalism The Declaration of Independence (1776)


History Behind Federalism : History Behind Federalism The Articles of Confederation (1777 / 1781) The National Government would only have the powers states granted it. States retain their sovereignty, or supreme power, within their borders. The National Government would only have power to negotiate foreign relations. The Articles did not provide for an executive branch.


Types of Federalism : Types of Federalism Dual Federalism National government supreme in all areas defined by the Constitution. State governments supreme in all other areas National and state government have little interaction Like a “layer cake”


Types of Federalism : Types of Federalism Fiscal Federalism: The practice of having the federal government pay for state and local government programs. Began in the 1930’s Along with money came requirements about how to spend it. In recent years complaints about “unfunded mandates.” Like a “marble cake”


States Rights vs. Nationalists : States Rights vs. Nationalists States Rights: Argue the Framers meant for the states to be coequal with the national government. Advocate for Dual Federalism


States Rights vs. Nationalists : States Rights vs. Nationalists Nationalists: Constitution is a compact among the people to create a single national community Constitution grants the federal branches extensive powers: Article VI Elastic Clause (or “necessary and proper clause”) in Article I, Sec. 8 Advocate for more federal involvement to tackle whatever problems emerge that threaten the U.S. or the general welfare.


Landmarks on the Road of Rising Federal Power : Landmarks on the Road of Rising Federal Power Constitution replaces Articles McCulloch v. Maryland The Civil War The Civil War Amendments (13th, 14th, 15th) The Industrial Revolution and Urbanization The Great Depression and the New Deal Civil Rights Revolution The Devolution Movement 9/11


Federalism: A set of rules for political conflict. : Federalism: A set of rules for political conflict. Medicine or Dangerous Drug?


Under Whose Rules Should Medical Marijuana Policy be Decided? : Under Whose Rules Should Medical Marijuana Policy be Decided? In 1996 California passed the Compassionate Use Act allowing the possession of marijuana for medical use only. In 2005 the Supreme Court determined that the federal government can still ban possession of the drug in states that have eliminated sanctions for its use in treating symptoms of illness. This decision was based on the Interstate Commerce Clause (Article I, Section 8, U.S. Constitution)


Under whose rule should guns be controlled? : Under whose rule should guns be controlled? 1990 Congress passed the “Gun Free School Zones Act” making it a federal offense for anyone to knowingly possess a firearm in a school zone. United States v. Lopez (1995) The Supreme Court found that Congress had exceeded its power to legislate based on the Commerce Clause.


Under whose rule should “marriage” be defined? : Under whose rule should “marriage” be defined? The Defense of Marriage Act (1996) States do not have to recognize same-sex marriages that take place in other states. The Full Faith and Credit clause of the Constitution would otherwise require them to. A Constitutional amendment defining marriage would prohibit states from allowing same-sex marriages entirely.


In Federal-State Disputes the two sides are rarely National & State : In Federal-State Disputes the two sides are rarely National & State Examples Disputes over Civil Rights Pro-life vs. Pro-choice Labor vs. Management Opposing factions seek the venue that favors them in the dispute (state or federal).


3. Formal Powers : 3. Formal Powers Habeas Corpus Government officials can not imprison a citizen who has not been charged with a crime. Bills of Attainder Congress cannot punish a citizen for a crime without a trial. Ex Post Facto laws Congress can not declare an act to be criminal after the act was committed. The Bill of Rights Individual rights that citizens posses; the government can not violate an individuals rights.


The Bill of Rights : The Bill of Rights The first 10 amendments to the Constitution A Partial List: Freedom of speech Freedom of the press Freedom of assembly Freedom of religious worship Right to bear arms Prevent unreasonable search and seizure Prevent cruel and unusual punishment Prevent self-incrimination Guaranteeing due process


Outline: The Constitutional System : Outline: The Constitutional System Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny Electoral Rules Shared Powers Formal Boundaries James Madison 1751 – 1836 4th President of the U.S.