Lecture Outline
Week 3
Constitutional Democracy in America
Different
democractic models?
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Popular model
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Responsive model
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Consociational Democracy
What is democracy in practice?
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Values
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Processes
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Structures
What factors make for a healthy democracy?
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Educational conditions
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Social conditions
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Economic conditions
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Ideological
Social and Political Context to the Revolutionary Period
Anti-Federalists vs. Federalists
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Representation
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Fear of tyranny
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Governmental power
Articles of Confederation
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Goal– a weak national government
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1777-1789
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No executive
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Limited powers for Congress
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Each state has one vote
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Super-majority required to pass laws
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Dissatisfaction with Articles
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Shay’s Rebellion (1786)
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Radical Legislatures in PA and RI
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States retained sovereignty
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National government was weak;
Constitutional Convention
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Philadelphia, Summer 1787
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73 delegates from 11 states
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Are political and economic elites
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Hold discussion behind closed doors
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The Dilemma(s): How to create a government with enough power to take effective
action when necessary, but which would not abuse its power and trample
on important individual freedoms.
Virginia Plan
New Jersey plan
Connecticut compromise
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The House based on population
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Senate treats each state equally
3/5ths Compromise
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5 states in South, 8 in North
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Slaves are 30% of population in South
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slaves count as 3/5 of a person for the purposes of representation in the
House of Representatives
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no limits on the slave trade for 20 years
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Indelible stain on the constitution
Objectives of Constitution
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create coalition of merchants and planters for new government
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promote commerce/protect property
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prevent excessive democracy
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secure popular support
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ensure government was not too strong to threaten individual’s liberties
Congress
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Most Powerful Branch; Article 1
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collect taxes, provide for defense and welfare, borrow money, regulate
commerce, uniform laws on bankruptcies, coin money, establish post office,
promote science, punish piracy, declare war, raise armies and navies,
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make all laws necessary and proper
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Creates a strong natl government
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Prevents excessive democracy
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Ensure popular support
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create limited government
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preserves individual liberties
President or Executive Branch
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At issue was how many- Unitary or Plural
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How to elect the presidents
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Compromise- Electoral College
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States receive number of electoral votes equal to representation in Congress.
If no one gets majorities, House of Representatives gets to choose president,
one vote per state.
Powers of President
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Article 2, 300 words only
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Veto legislation, commander in chief,
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power to grant reprieves and pardons, make treaties, appoint ambassadors,
public ministers, judges and all other office of US, receive ambassadors,
give Congress information of the State of the Union, recommend such measures
as he shall judge necessary and expedient,
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adjourn them if proper
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take care all laws be faithfully executed
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the executive power shall be vested in a President
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Framers wanted a strong, but not too strong President
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Need executive to impart energy to national government make timely decisions
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Scared about national mandate
Judiciary, Article III
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President appoints judges with the advice and consent of the Senate
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No discussion of judicial review
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Marbury vs. Madison establishes judicial review.
Other parts of Constitution
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Article IV , concerns of states
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Article V, how to amend constitution
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Article VI, the supremacy clause
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Article VII, ratification process
Separation of Powers
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Madison- accumulation of all powers, legislative, executive, and judiciary
in the same hands, may justly be pronounced the very definition of tyranny.
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Legislature makes laws, executive administers, and judiciary interprets
BUT Separation is not enough.
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Federalist #51, Madison: "Ambition must be made to counteract ambition.
If men were angels, no govt would be necessary. If angels were to
govern men, neither external nor internal controls on govt would be necessary.
In framing a govt which is to be administered by men over men, the great
difficulty lies in this: you must first enable the govt to control the
governed; and in the next place oblige it to control itself."
Checks and Balances
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Madison- Ambition must be made to counteract ambition
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President can nominate judges; propose, veto laws, appeal to public
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Congress- approves budget, impeach president and judges, determine number
and jurisdiction of courts, Senate confirms judges
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Courts- can declare executive actions and laws unconstitutional.
SOP in Practice
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House of Representatives= only directly elected officials; every two years
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Senate= every six years; are selected by State legislatures until 1913
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President= selected by electoral college; state legislatures; no popular
vote
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Judiciary= appointed by President, confirmed by Senate. Life-time appointment
Comparison with UK
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Prime minister chosen by majority party.
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No judicial review
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control and responsibility concentrated in legislature
US - control and responsibility diffused among several organs of government.