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For PLS 1010
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Introduction to the Constitution
Development of the Constitution and Separation of Powers
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?
Principles and AgentsPrinciples: individuals who possess authority
to make decisions
Agents: someone who implements the decisions of a principle
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
Flaws of the Articles of ConfederationGridlockBankruptcyEconomic troublesUnresolved conflictsExecutive problems
Shay’s Rebelliona case study of the problems with AoC
Imagine today… soldiers from Iraq coming home to foreclosed on homes…
Daniel Shay and friends were soldier/farmers
Took over armory Blockaded town hall
Prevent banks from filing foreclosure papers
The 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.
THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS
MythThe 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.
THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS
MythThe 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.
Federalists v Anti-federalistsSupported the new
ConstitutionDid not support the
Bill of Rights ideaFavored filters for
“common citizens” and elite rule
Elites, property owners, merchants… upper class
Did not approve of the new Constitution
Required the Bill of Rights
Favored states’ rights, local control, and strong protections of liberties
Small farmers, shopkeepers, debtors… common folks
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
Federalist PapersReasons why the new constitution should be
supportedFederalist #10 and # 51
Factions People rally around short term interests rather
than acting for long-term benefit
Cause: “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.”
Solving for FactionsMinority factions
Majority rules
Majority factionsRepresentative democracyCompetitive elections which allow for virtuous
to be electedLarge geographic districts
Preventing Factions by DistrictsLegislative DistrictsSenate DistrictsElectoral College
THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS
MythAs 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.
Representation: A Key Principle-Agent Debate
Virginia Plan
New Jersey Plan
Great Compromise
Federalist #51Why 3 branches?
Why separation of powers?
Why checks and balances
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
Separation of Powers The division of powers among several
institutions that must cooperate in decision or policy-making
The allocation of constitutional authority to each of the three branches of government With different responsibilities Different powers Different constituencies, which makes them
accountable to different groups of people Different terms of service
Distribution of PowerFounders assumed that the Legislative
Branch is most powerful.
- Article I– the most detailed in outlining power and restrictions
- 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
- Increasing powers of the president
- 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.