Patterson We The People Ch02 PDF

Because learning changes everything. ® 2: Constitutional Democracy Promoting Liberty and Self-...

Because learning changes everything. ® 2: Constitutional Democracy Promoting Liberty and Self- Government © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC.  Before the Constitution: The Colonial and Revolutionary Experiences (1) Traditions of limited government and representative government: Limited government: one that is subject to strict legal limits on the uses of power. Representative government: one in which the people govern through the selection of representatives. Americans’ British heritage: Colonial experiences with democratic institutions: English Parliament and colonial charters. “Rights of Englishmen,” including trial by jury. © McGraw Hill LLC 2  Before the Constitution: The Colonial and Revolutionary Experiences (2) When the costs of war created a budget crisis in Britain, Parliament levied taxes on the colonies. “No taxation without representation.” Repeal of the Stamp Act, a tax on colonial newspapers and business documents. Enactment of the Townshend Act, which included a tax on tea. First Continental Congress met in 1774. © McGraw Hill LLC 3  The Declaration of Independence Philosophy of John Locke: Social contract: government has responsibility to preserve rights. Inalienable (natural) rights: life, liberty, and property. Thomas Jefferson paraphrased Locke in the Declaration. “Life, liberty, and the pursuit of happiness”. “All men are created equal.” Governments derive “their just powers from the consent of the governed,” and “it is the right of the people to alter or abolish” a tyrannical government. © McGraw Hill LLC 4  The Articles of Confederation Adopted during the Revolutionary War. Not a constitution: a fundamental law that defines how a government will legitimately operate. Created a weak national government. Prohibited Congress from interfering in states’ commerce policies. Prohibited Congress from taxation. States retained “sovereignty, freedom, and independence”. Unanimous consent needed to approve amendments. Did the United States deserve to be called “a nation”?. © McGraw Hill LLC 5  A Nation Dissolving Weakness of the national government raised fears, especially in the wake of Shays’ Rebellion. Farmers led by Daniel Shays fomented armed rebellion to prevent foreclosures on their land. Congress was unable to raise an army to quell the rebellion. Congress was motivated to authorize a convention in Philadelphia to revise the Articles of Confederation. © McGraw Hill LLC 6  Creating a Constitution At the constitutional convention in Philadelphia, the delegates ignored the instructions of Congress. Drafted a constitution that created an entirely new form of government. Government must be granted the amount of power that is necessary for it to carry out its responsibilities effectively. © McGraw Hill LLC 7  The Great Compromise: A Two- Chamber Congress Virginia Plan or large-state plan: Representation based on the size of a state’s population. Greater power to larger states. New Jersey Plan or small-state plan: Each state would have one vote. Equal power to large and small states. Great Compromise: a bicameral Congress. House of representatives: proportional representation. Senate: equal representation. © McGraw Hill LLC 8  The Three-Fifths Compromise: Issues of Trade and Slavery Congress agreed not to tax exports, only imports. Congress would be prohibited until 1808 from passing laws to end the slave trade. Three-Fifths Compromise: three-fifths of the enslaved population counted for apportionment of taxes and political representation. Northern delegates were against counting slaves because they didn’t have legal rights. Southern delegates were in favor of counting slaves, affording the South more House seats and thus greater political power. © McGraw Hill LLC 9  Figure 2-1 African Americans as a Percentage of State Population, 1790 At the time of the writing of the Constitution, African Americans (most of whom were slaves) were concentrated in the southern states. Access the text alternative for slide images. © McGraw Hill LLC Source: U.S. Census Bureau. 10  Defining the Office of President Although delegates generally agreed on the powers of the presidency, they differed on it structure and method of selection. Delegates briefly considered the idea of multiple executives, concluding it should be entrusted to a single individual. It took more than 60 votes to reach an agreement. Finally decided on votes by electors (a process that later became the Electoral College). Electoral votes: each state has the same number of votes as it has members of Congress. © McGraw Hill LLC 11  Ratification of the Constitution The delegates established their own ratification process. The new Constitution would be submitted directly to the states for approval. It would become law if approved by at least nine. © McGraw Hill LLC 12  The Ratification Debate Anti-Federalists: those who were against a strong national government. Raised arguments that still echo in American politics. National government would be too powerful. State self-government and personal liberty would be placed at risk. Federalists: supporters of the Constitution. The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case. © McGraw Hill LLC 13  Demand for a Bill of Rights Bill of Rights: the first 10 amendments to the Constitution. Protects the rights of citizens, such as: Freedom of speech. Freedom of assembly. Trial by jury of one’s peers and legal counsel. Freedom of religion. Limits the power of government. © McGraw Hill LLC 14  Protecting Liberty: Limited Government (1) The framers sought a national government that could act decisively but not act irresponsibly. They mistrusted unrestricted majority rule. Liberty was the governing ideal they sought most. Individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others. © McGraw Hill LLC 15  Protecting Liberty: Limited Government (2) The goals of the framers included: Government strong enough to meet the country’s needs, particularly in defense and commerce. Government that would not threaten the existence of the separate states. Government that was restricted in its lawful uses of power (limited government). Government that gave the people a voice in © McGraw Hill LLC 16  Table 2-1 Primary Goals of the Framers of the Constitution 1. A government strong enough to meet the nation’s needs— an objective sought through substantial grants of power to the federal government in areas such as defense and commerce. 2. A government that would not threaten the existence of the separate states—an objective sought through federalism and through a Congress tied to the states through elections. 3. A government that would not threaten liberty—an objective sought through an elaborate system of checks and balances. 4. A government based on popular consent—an objective sought through provisions for the direct and indirect election of public officials. © McGraw Hill LLC 17  Grants and Denials of Power Grants of power: powers granted to the national government. Limit government by stating specific powers in the Constitution. Total of 17 powers. Denials of power: powers expressly denied to the national and state governments. Limit government by stating specific prohibitions in the Constitution. The Constitution was made difficult to amend. © McGraw Hill LLC 18  Separated Institutions Sharing Power: Checks and Balances (1) Montesquieu’s concept of a separation of powers: powers divided among separate branches rather than investing them entirely in a single individual or institution. Madison’s Federalist No. 10 discussed the problem of overbearing majorities. The framers’ special contribution to the doctrine of the separation of powers: each branch would have the capacity to check the power of the others. © McGraw Hill LLC 19  Table 2-2 Constitutional Provisions for Limited Government Mechanism Purpose Grants of power Powers granted to the national government; accordingly, powers not granted it are denied it unless necessary and proper to carry out granted powers. Denials of power Powers expressly denied to the national and state governments by the Constitution. Separation of Division of national government’s power among power three power-sharing branches, each of which acts as a check on the powers of the other two. Bill of rights First 10 amendments to the Constitution, which specify rights of citizens that the national government must respect. Elections Power of voters to remove officials from office. © McGraw Hill LLC 20  Separated Institutions Sharing Power: Checks and Balances (2) Separated institutions sharing powers: separate branches interlocked in such a way that an elaborate system of checks and balances is created. Shared legislative powers: Congress checked by the president and the Supreme Court. Shared executive powers: president checked by Congress and the Supreme Court. Shared judicial powers: courts checked by the president and Congress. © McGraw Hill LLC 21  Figure 2-2 Separate Branches Sharing Power The U.S. Constitution separates power among the legislative, executive, and judicial branches but assigns each branch part of the power of the other two branches so that it can act as a checkimage on their power. Access the text alternative to slide © McGraw Hill LLC Source: Richard Neustadt, Presidential Power, New York: Macmillan, 1986, 33. 22  Separate Branches Sharing Power (detail, Figure 2-2) The Supreme Court over the president: may declare executive action unlawful because it is not authorized by legislation; (by tradition) may declare presidential action unconstitutional. The Supreme Court over Congress: has the power to interpret legal disputes arising under acts of Congress and (by tradition) may declare acts of Congress unconstitutional. Congress over the president: may impeach and remove the president; may override presidential veto; may investigate presidential action; must approve treaties and executive appointments; enacts the budget and laws within which presidential action occurs. Congress over the Supreme Court: decides the size of the federal court system, the number of Supreme Court justices, and the appellate jurisdiction of the Supreme Court; may impeach and remove federal judges; may rewrite legislation that courts have interpreted and may initiate constitutional amendments; confirms judicial nominees. The president over Congress: may veto acts of Congress, recommend legislation, and call Congress into special session; executes, and thereby interprets, laws enacted by Congress. The president over the Supreme Court: nominates federal judges; may pardon those convicted in court; executes court decisions and thereby affects their implementation. © McGraw Hill LLC 23  Providing for Representative Government To the framers, the risk of popular government was tyranny of the majority: the people acting as an irrational mob that tramples on the rights of the minority. Madison: popular democracies “have ever been spectacles of turbulence and contention.” The framers nevertheless believed the people deserved and required a voice in their government. © McGraw Hill LLC 24  Democracy Versus Republic Democracy, to the framers: a government in which the majority has absolute power. The framers preferred the concept of a republic: a government that has limits on its power, where the people have rights guaranteed by a constitution and that are protected through carefully designed institutions. Majority rule in a republic is limited in order to protect minority rights. © McGraw Hill LLC 25  Limited Popular Rule The House of Representatives was initially the only institution based on direct popular election. To make government responsive to popular majorities. Senators were to be appointed by the legislatures of their states. Each state would have the same number of electoral votes as members in Congress, and their electors (the Electoral College) would select the president. Federal judges and justices would be appointed. © McGraw Hill LLC 26  Table 2-3 Methods of Choosing Federal Officials Office Method of Selection Term of Service President Electoral college 4 years U.S. senator State legislature, 6 years (one-third of changed in 1913 to senators’ terms expire popular election every 2 years) U.S. Popular election 2 years representative Federal judge Nominated by Indefinite (subject to “good president, approved behavior”) by senate © McGraw Hill LLC 27  Altering the Constitution: More Power to the People Jeffersonian democracy: government belonged to all, not just the elite. Jacksonian democracy: urged states to award electoral votes to the winner of the popular vote. The Progressives: Championed primary elections, giving ordinary voters the power to select party nominees. Direct election of senators. Also introduced popular referendums and initiatives. © McGraw Hill LLC 28  How the 50 States Differ: Political Thinking Through Comparisons The Constitution assigns the election of the president to electors chosen by the states, with each state having electors equal in number to its U.S. senators and representatives. Voters have an indirect voice in the selection. Each state, except for Maine and Nebraska, awards all of its electoral votes to the candidate who wins the state’s popular vote—the so-called unit rule. This arrangement usually results in the election of the candidate who wins the national popular vote but not always. Access the text alternative to slide image © McGraw Hill LLC 29  Constitutional Democracy Today (1) The type of government created in 1787 might best be called a constitutional democratic republic. Constitutional in that power gained through elections is to be exercised in accordance with law and with due respect for individual rights. Democratic in that it provides for majority influence via elections. Republic in that it has a mix of deliberative institutions, each of which moderates the power of the others. © McGraw Hill LLC 30  Constitutional Democracy Today (2) Today’s model is more a representative government. More frequent elections than any other democracy. Only major democracy to rely heavily on primary elections. Less democratic than some other major democracies because of constitutional barriers. Divided branches. Staggered terms of office. Separate constituencies. © McGraw Hill LLC 31  Critical Thinking (1) Define the concept of judicial review. How does a court decision involving judicial review differ from an ordinary court decision, such as a ruling in a case involving robbery? Contrast the original system for electing federal officials with the system of today, noting in each case how voters acquired a more direct voice in the election process than was originally the case. © McGraw Hill LLC 32  Critical Thinking (2) Why is it more accurate to say that the United States has a system of “separated institutions sharing power” rather than a system of “separated powers”? Provide examples of how shared power can act to check and balance the power of each institution. © McGraw Hill LLC 33  Questions? © McGraw Hill LLC 34  End of Main Content Because learning changes everything. ® www.mheducation.com © McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC.