AMERICAN IDEALS AMERICAN IDEALS and theand the

AMERICAN CONSTITUTION AMERICAN CONSTITUTION

Understanding American Politics Understanding American Politics TodayToday

May 12, 2003May 12, 2003

The Constitution of theThe Constitution of theUnited StatesUnited States• Just what Just what is is a constitution?a constitution?

– the formal rules for collective political the formal rules for collective political decision-makingdecision-making

– formal limits on what spheres are subject formal limits on what spheres are subject to collective political decisionsto collective political decisions

The Constitution of theThe Constitution of theUnited StatesUnited States• Just what Just what is is a constitution?a constitution?

• What is the main thrust of the What is the main thrust of the American Constitution?American Constitution?– protecting against the tyrannical use of protecting against the tyrannical use of

power by governmentpower by government

The Constitution of theThe Constitution of theUnited StatesUnited States

Just what Just what is is a constitution?a constitution? What is the main thrust of the American What is the main thrust of the American

Constitution?Constitution? How to Protect Against the Tyrannical Use of How to Protect Against the Tyrannical Use of

Power by the Executive?Power by the Executive?– make it accountable to the peoplemake it accountable to the people– limit what it can dolimit what it can do

How to Limit What a Government Can Do?How to Limit What a Government Can Do?– legal prohibitionslegal prohibitions– fragmenting powerfragmenting power

THE DECLARATION OF THE DECLARATION OF INDEPDENDENCE (1776)INDEPDENDENCE (1776)

““We hold these truths to be self-evident, that all men We hold these truths to be self-evident, that all men are created are created equalequal; that they are endowed by their ; that they are endowed by their Creator with certain Creator with certain inalienable rightsinalienable rights; that among ; that among these, are life, liberty, and the pursuit of these, are life, liberty, and the pursuit of happiness. That, to secure these rights, happiness. That, to secure these rights, governments are instituted among men, deriving governments are instituted among men, deriving their just powers from the their just powers from the consent of the governedconsent of the governed; ; that, whenever any form of government becomes that, whenever any form of government becomes destructive of these ends, it is the right of the destructive of these ends, it is the right of the people to alter or abolish it...”people to alter or abolish it...”

The Constitution of the United The Constitution of the United States of America (1787)States of America (1787)

““We the peopleWe the people of the United States, in Order of the United States, in Order to form a more perfect Union, establish to form a more perfect Union, establish Justice, insure domestic tranquility, provide Justice, insure domestic tranquility, provide for the common defence, promote the for the common defence, promote the general welfare, and secure the Blessings of general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the ordain and establish this Constitution for the United States of America.”United States of America.”

The US ConstitutionThe US Constitution

• the constitution of the Constitutionthe constitution of the Constitution– seven articles (1787-88)seven articles (1787-88)– first ten amendments -- the Bill of Rights first ten amendments -- the Bill of Rights

(1791)(1791)– seventeen additional amendments (1798-seventeen additional amendments (1798-

1992)1992)

The US ConstitutionThe US Constitution

• function of the Constitutionfunction of the Constitution– creates the three creates the three branchesbranches of government at of government at

the federal levelthe federal level– creates the two creates the two ordersorders of government of government

(federal government and state governments)(federal government and state governments)– limitslimits governments in their relationships governments in their relationships

with citizenswith citizens

1.) Establishing the Three 1.) Establishing the Three BranchesBranches of Government of Government

• Separation of PowersSeparation of Powers

• Checks and BalancesChecks and Balances

Legislates, Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach

Confirms Nominations, Impeach

Nominates Judges

VETO!VETO!

Declare Laws Declare Laws UnconstitutionalUnconstitutional

Declare Acts Declare Acts UnconstitutionalUnconstitutional

2.) Establishing the Two 2.) Establishing the Two OrdersOrders of Government -- Federalismof Government -- Federalism

• Why Have a Federal Government?Why Have a Federal Government?– practical reasonspractical reasons– philosophical reasoningphilosophical reasoning

• Why Maintain State Governments?Why Maintain State Governments?– practical reasonspractical reasons– philosophical reasoningphilosophical reasoning

• OrdersOrders of Government vs. of Government vs. LevelsLevels of of GovernmentGovernment

3.) Limits on Government3.) Limits on Government

• Bill of RightsBill of Rights– the first Ten Amendments (1789)the first Ten Amendments (1789)

– ““Congress shall make no law...”Congress shall make no law...”

Amending the Constitution Amending the Constitution (Article V)(Article V)

• Methods of Amending the ConstitutionMethods of Amending the Constitution– Proposing Amendments...Proposing Amendments...

• 2/3 of both Houses of Congress2/3 of both Houses of Congress• or 2/3 of state legislaturesor 2/3 of state legislatures

– Ratifying Amendments...Ratifying Amendments...• 3/4 of states (either by the state legislature or 3/4 of states (either by the state legislature or

special convention)special convention)

Recent Amendments/Proposals Recent Amendments/Proposals for Amendmentfor Amendment• 27th Amendment (1992) -- Congressional Pay27th Amendment (1992) -- Congressional Pay

• Equal Rights AmendmentEqual Rights Amendment

• Term Limits AmendmentTerm Limits Amendment

• Flag AmendmentFlag Amendment

• Gun Control...revising the 2nd AmendmentGun Control...revising the 2nd Amendment

• Balanced Budget AmendmentBalanced Budget Amendment

Assessing the American Assessing the American Constitutional Framework Constitutional Framework (...from a democratic perspective)(...from a democratic perspective)

• bicameral legislaturebicameral legislature

• indirectly elected president (e.g. electoral indirectly elected president (e.g. electoral college)college)

• unelected Supreme Courtunelected Supreme Court

• separation of powers/checks and balancesseparation of powers/checks and balances

• federalismfederalism

• formal limits on the powers of governmentformal limits on the powers of government

• rigid constitutionrigid constitution

Democracy -- Protection of Democracy -- Protection of Individual RightsIndividual Rights

Low (Emphasis on General Welfare)

High

Protection of Individual Rights

UNITED STATES

Final Point...Final Point...

• American Constitution grounded in American Constitution grounded in emphasis on rights of individual and emphasis on rights of individual and limits on governmentlimits on government

• American emphasis on mass political American emphasis on mass political participation emerged out of American participation emerged out of American political context, political culture and political context, political culture and political practicepolitical practice