Module 1.7: Basic Principles

of US Government

Origin & Development of the US Constitution

Lesson Objectives

• Identify the basic principles of US Government

• Explain why faction is a problem for government

• Describe the three branches of government according to their function

• Explain the principle of bicameralism

The Natural Rights Argument• From the Declaration of Independence

(1776)• All men are equally endowed with certain

rights• Among these rights are

– Life– Liberty – The pursuit of happiness

• These rights are inalienable• No human institution can give anyone

rights• No human institution can actually take

rights away• The purpose of government: secure

natural rights• The standard of justice: consent of the

governed

Faction• From Federalist #10: “By a faction I understand

– A number of citizens• > ½ or • < ½

– United by a common interest– Act on their common interest– Their common interest adverse to the rights of others or– Their common interest adverse to the permanent and aggregate

interest of the community• How to cure the mischiefs of faction

– Eliminate causes of faction• Destroy liberty

– Unwise: the purpose of government is to secure unalienable rights, including liberty

– Destroying liberty turns government into a most dangerous faction• Give everyone the same opinion

– Impossible: everyone has unique experiences which affect their opinions– Control effects of faction

• The preferred method

The Public Sector Problem

• Government tends form a single body• Governments must have power to secure natural rights• Those who hold power are invariably led to abuse it (from

Montesquieu)• Governments tend to emerge as a single faction, destroying

liberty in the name of preserving it

The Solution to the Public Sector Problem

• Build upon factions that already exist in the United States

• Establish a multiplicity of faction where it would not otherwise form

• Set government and governments in tension with one another

• Institutionalize political power in separate potentially factious bodies

• Ensure regular pressure from interests outside government

Question #1

• The US Government was established in order to eliminate faction.– True – False

How to control “the mischiefs of faction”

• To control majority faction, ensure that smaller factions may contest other factions– Factions thus hold each other

in check• Ensure that factions can be

heard– factions seek support,

members, opportunity to grow• Encourage a multiplicity of

faction where they are likely to form—the private sector

• Institute opportunities for faction to form where a multiplicity is unlikely to form—the public sector

How to Guarantee Multiple Public Sector Factions

• Establish a Federal System– several governments share and

exert power over citizens– Distinct sources of representation

among elected officials• Distribute power into distinct

departments (separation of powers)

– Legislative Power (The Purse)– Executive Power (The Sword)– Judicial Power (The Scale)

• Establish Legislative balances and checks

– where the power to add or modify public acts depends on at least two legislative bodies with equal power to overwhelm the other

• Charge a separate body with the resolution of disputes

Citizens CitizensCitizens

State CState BState A

Central Government

Making Law

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rcin

g La

w

Resolving Disputes

Chamber #1 Chamber #2

Law

The Basic Principles of Government in the US

• Natural Rights– Equal rights to life, liberty, pursuit of happiness– Rule of Law– Government by consent of governed

• Controlling the effects of faction– Representation and freedom to petition– Federalism– Separation of powers into legislative, executive and

judicial departments– Legislative balances/checks

Question #2

• Why is Congress divided into two houses?a) To ensure representation of differing enduring

factions, namely people and states.b) To ensure representation of differing enduring

factions, namely elites and masses.c) To reduce the opportunity for conflict among

differing enduring factions once laws are written.d) To ensure division of the Congress into at least two

parties.

Question #3

• In order to become a law, a bill must be a) Approved by both housesb) Signed by the President.c) Approved by the Supreme Courtd) Both a and b

Question #4

Which of the following was the least clear?a)The basic principles of US Governmentb)The problem of faction in the public sectorc)The basic function of the three branches of

governmentd)The principle of bicameralism

Activity

• Using the following websites, find out who your representatives are in the US Congress and the Texas Legislature:– The US House of Representatives website,

www.house.gov– The US Senate website, www.senate.gov– The Texas Legislature website,

www.capitol.state.tx.us

• Have this information ready for the next class period