Unit 1

Seite 1

Enlightenment Philosophies

Framers lived at a time when there were new ideas about government organization/function

Challenged systems already in place

Enlightenment (18th century): a philosophical movement that began in Western Europe with roots in Scientific Revolution

Use of reason over tradition when solving social problems

Thomas Hobbes (Leviathan - 1660): believed that people could not govern themselves and that a monarch with absolute power would protect life best

Advocated for rule of law

Social contract with government: some freedoms sacrificed (respecting government) in exchange for government protection

John Locke (Second Treatise on Civil Government - 1690): natural rights must be protected

Empiricism: people are born with a tabula rasa (blank slate) on equal footing and everything they do is shaped by experience

Natural rights (life, liberty, property) are granted by God and government must protect them

Right to revolution if natural rights are taken away

Charles de Montesquieu (De l’Esprit des Lois/The Spirit of the Laws - 1748): separation of power into three branches of government

Checks and balances limited power of each branch

Jean-Jacques Rousseau (The Social Contract - 1762): people are born good but corrupted by society and should act for the greater good rather than out of self-interest

Voltaire (Candide): satirical novel, reflected dislike of Christian power and nobles

Rationality, advocate of freedom of thought, speech, religion, and politics

Denis Diderot: producer/editor of first encyclopedia, wanted to change the ways people thought by adding his own/others’ philosophies to his work

Advocate of freedom of expression and universal education access

Criticized divine right, traditional values, and religion

Philosophers favored democracy over absolute monarchy

Forms of representative democracy:

Participatory democracy: broad participation in politics/society by people at various statuses

Pluralist democracy: group-based activism by citizens with common interests who seek the same goals

Elite democracy: power to the educated/wealthy, discourages participation by the majority of people

Republicanism: supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation

American Republicanism characterized by representative democracy

Elected officials representing a group of people

Popular sovereignty: government power derives from the consent of the governed (ex. elections, protests)

The Declaration of Independence

A formal declaration of war between America and Great Britain

Written by Thomas Jefferson

List of grievances (“crimes” King George III committed against the colonies)

Used to explain why the colonies are declaring independence

Used as a template by other nations declaring independence

The Weaknesses of the Articles of Confederation

Outlined the first government of the United States of America

Predecessor to the Constitution

Followed from 1776 to 1781; ratified and named in 1781

Accomplishments:

Created federalism: the way in which federal and state/regional governments Interact and share power

Ended the Revolutionary War on favorable terms for the United States (Treaty of Paris - 1783)

Established the Northwest Ordinance, which created methods through which states would enter the US

Weaknesses:

1787: trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country

Shays’ Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts

Major concern at the Constitutional Convention

Exposed issues with Articles of Confederation and showed necessity of a strong central government

Could not impose taxes (result of taxation without representation); only state governments could levy taxes

National government was in debt from the Revolutionary War had no way to pay for expenses

Could only acquire money by requesting it from states, borrowing from other governments, or selling lands in the West

No national military; could not draft soldiers

No national currency

No Supreme Court to interpret law

No executive branch to enforce laws

No control over taxes imposed between states and could not control interstate trade

Needed unanimous votes to amend the Articles

9/13 states had to approve legislation before it was passed

Could not control states

No enforcement mechanisms/requests from within federal government

Needed to be revised

Constitutional Convention created Constitution

resulted in complete rewrite of the Articles => Constitution

The Constitutional Convention

Meeting of the framers in 1787 in Philadelphia, Pennsylvania

Division over powers, structure, and responsibilities of government

Some believed that the government under the Articles was too weak, others believed that it shouldn’t be changed

Generally accepted as pragmatists who tried to protect their and everyone else’s property + rights

Stronger central gov’t necessary, potential to be corrupted

Federal legislature had two main issues:

Unicameral (single house) vs bicameral (two house) legislative branch

Madison’s Virginia Plan: bicameral legislature based on population size

Supported by larger states b/c of better representation

New Jersey Plan: unicameral legislature, one vote per state

Similar to Articles of Confederation

Smaller states worried that gov’t would be dominated by larger states

The Great Compromise (Connecticut Compromise): a bicameral legislature with a House of Representatives (population) and Senate (equal representation)

Representation of enslaved people

Northerners: enslaved people should not be counted for electoral votes

Southerners: enslaved people should be counted for electoral votes

Larger population when enslaved people were counted

Three-Fifths Compromise: enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives

Authority to enforce laws

Created chief executive (president)

Enforcer of the law, could keep the legislative branch in check

Presidential approval required before bills become law

President can veto acts of legislature

Congress can override veto if 2/3 of both houses vote

Supreme Court

Could mediate disputes between legislative and executive branches, between states, and between state + federal government

Acceptance of the Constitution

Had to be submitted to states for ratification

Federalists: supporters of the Constitution, advocated for a strong central government

Alexander Hamilton, James Madison, and John Jay wrote The Federalist Papers: a collection of articles supporting the Constitution

Best reflects original intent of the framers

Persuaded states of the superiority of a strong central government plus power kept by the states

Anti-Federalists: opponents of the Constitution, preferred smaller state governments (Articles of Confederation)

Believed that the Constitution would threaten personal liberties and make the president a king

Feared tyranny + abuse of power

Wanted a Bill of Rights: protects the rights of citizens from the government

Guaranteed by the Federalists and was added immediately after ratification

10 amendments written by James Madison

Created the Electoral College: composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors

Originally created because the framers didn’t trust American citizens to be educated enough to choose a good president

Thought the Electoral College would protect election against the influence of small groups

Would ensure that states with larger populations didn’t completely overpower smaller states

The presidential candidate who wins 270 electoral votes wins the election regardless of who wins popular vote

The Federalist Papers and Anti-Federalist Dissent

Brutus No. 1

Anonymous author (pseudonym Brutus) asked questions about + critiqued the draft of the Constitution

The first publication that began a series of essays known as the Federalist and Anti-Federalist Papers

National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people

Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus + other Anti-Federalists

Federalist No. 10

Written by James Madison

Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority

Argues that a large republic keeps any single faction from taking control

Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union

Believed that no large nation could survive and that states’ separate interests would fracture the republic

Federalist No. 51

Written by James Madison

Argued that separation of powers would make the government efficient, dividing responsibilities and tasks

Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power

Federalist No. 70

Written by Alexander Hamilton

Argued that the executive branch should only have one member: the president

Used the British monarchy as an example: the king had power but was checked by the House of Commons

Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951)

Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person

Federalist No. 78

Written by Alexander Hamilton

Addressed concerns about the power of the judicial branch

Argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review

Check on Congress

Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption

The Constitution as an Instrument of Government

The Constitution is vague and only outlines the government structure

Written to allow change through amendments

Branches of government have evolved since ratification

Articles I-III: set up the three branches of government (in order):

Legislative branch

Executive branch

“The executive power shall be vested in a President of the United states of America”

Power to issue executive orders

Same effect as law, bypasses Congress in policy-making

Not mentioned in the Constitution

Used as part of the enforcement duties

Ex. Executive Order 9066: FDR ordered people (Japanese and German Americans) from a military zone

Executive agreements between country leaders are similar to treaties

Bypass ratification power of the Senate

Not mentioned in the Constitution

Judicial branch

Marbury v. Madison (1803): Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)

Article I, Section 8 - the necessary and proper clause: allows Congress to make any legislation that seems “necessary and proper” to carry through its powers

Aka the elastic clause

Ex. nothing in the Constitution that creates the Federal Reserve System (central bank), nothing about the executive branch’s cabinet

Federal District Courts and Courts of Appeals both created by Congress

Supremacy clause: supremacy of Constitution and federal laws over state laws

“and the laws of the United States which shall be made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding”

Federalism

A system of government under which the national and local governments share powers

Ex. Germany, Switzerland, and Australia

Confederation: a system in which decisions are made by an external member-state legislation; decisions on daily issues are taken by special majorities, consensus, or unanimity

Supreme Court cases:

McCulloch v. Maryland (1819): court ruled that states could not tax national bank

Reinforced supremacy clause of Constitution - issues between state + federal government laws should be ruled in favor of federal

Necessary and proper clause - banks were necessary to implement federal powers

United States v. Lopez (1995): challenge to the Gun-Free School Zones Act of 1990 (banned guns on school property)

Held that commerce clause didn't allow regulation of carrying guns

New phase of federalism - state sovereignty and local control were important

Powers Under Federalism

Delegated (enumerated) powers: powers that belong to the national government

Ex. printing money, regulating interstate + international trade, making treaties + conducting foreign policy, declaring war, est. post offices, lower courts, rules of naturalization, and copyright/patent laws; raising + supporting armed forces, making all laws “necessary and proper” to carry out duties

Reserved powers: powers that belong to the states

10th Amendment: include any that the Constitution neither gives to the national government nor denies to the states

Ex. issuing licenses, regulating intrastate business, conducting elections, est. local governments, maintaining a justice system, educating residents, maintaining a militia, providing public health, safety, and welfare programs

Concurrent powers: shared by federal and state governments

Ex. levying/collecting taxes, building roads, operating courts, establishing courts, chartering banks + corps, eminent domain, paying debts, borrowing money

Constitution specifies which powers are denied to national government and states

Constitution makes federal government guarantee states a republican government and protection against rebellion + invasion

Prevents states from dividing or combining without congressional approval

States are required to accept court rulings, licenses, contracts, or other civil acts of other states

Changed over time

First: federal/state governments were independent

Most Americans had contact w/government on state level

Denied powers:

Federal government:

Suspend writ of habeas corpus except during a national crisis

Pass ex post facto laws or issuance of bills of attainder

Impose export taxes

Use money from treasury without appropriations bill

Grant titles of nobility

State government:

Enter into treaties w/other countries

Declare war

Maintain an army

Print money

Pass ex post facto laws or issuance of bills of attainder

Grant titles of nobilities

Impose import or export duties

Federal government programs

Most administered through states

Paid for by federal government through grants-in-aid

Some politicians tie strings to grants (federal government still in control over money)

Other politicians want no strings attached (state/local government decides how to spend)

Grants:

Categorical grants: aid with strict rules from the federal government about how it is used

Used by those who favor federal power

Block grants: aid that lets the state use the money how it wants

Used by those who favor states’ rights

Federal government can still use techniques to make states follow federal law

Ex. direct orders, preemption

Advantages of federalism:

Mass participation (many can participate on many issues)

Regional autonomy (states still have some powers)

Multi-level government (local, state, federal; many politicians connected to supporters)

Innovative methods (states can experiment with policies)

Diffusion of power (no party domination)

Diversity in government

Disadvantages of federalism

Lack of consistency (differing policies creates inequality in states)

Inefficiency (overlapping/contradictory policies)

Bureaucracy (corruption/stalemate through spread-out power)

Resistance

Inequity (legislation/judicial outcomes)

Separation of Powers

Borrowed idea from French political philosopher Charles de Montesquieu

Assigned different tasks to each branch of government

Legislative branch makes laws

Executive branch enforces laws

Judicial branch interprets laws

Prevents a person from being in more than one branch at a time

Has to resign in order to change positions

System of Checks and Balances

Designed to prevent any branch of government from becoming dominant

Requires different branches to work together and share power

Examples:

Nomination of federal judges, cabinet officials, and ambassadors

President chooses nominees who must be approved by the Senate

Negotiation of treaties

President is empowered to negotiate treaties, but they cannot go into effect until approved by 2/3 of the Senate

Enactment of legislation

Congress passes legislation, but the president can veto (reject) laws

Encourages Congress to pass laws that align with the president’s views or negotiate to avoid being vetoed

Congress can override veto by passing a law with 2/3 majority in both houses

Law becomes law regardless of president

Courts can determine constitutionality of law and overturn laws if they are unconstitutional

Amendment Process

Amendment: the addition of a provision to the Constitution

Main process:

Proposed amendment must be approved by 2/3 of both houses of Congress

3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment

Congress can also mandate that each state use a ratifying convention (delegates elected to vote on the amendment)

Used once to ratify the 21st amendment (1933) - ended prohibition

Another process:

2/3 of state legislatures petition Congress for a constitutional convention

Never happened before

State and Local Governments

State governments

Can take any form, but must have a state constitution approved by Congress

Most structured after federal government

Executive branch led by governor

Direct state executive agencies (education, roads/building, policing)

Command state National Guard

May grant pardons and reprieves

Most can appoint state judges with the “advice and consent” of a state legislative body

Can veto state legislation

May use a line-item veto to reject parts of bills

Denied to presidents by Supreme Court - would take too much power away from legislature

49/50 states have bicameral legislatures

Enact state law

Can override the gubernatorial (governor) veto

State judiciaries interpret state law

Trial courts and appeals courts

Hear criminal cases and civil cases (lawsuits)