Political Science paper for 2 page

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The Constitution

Professor Matthew N. Beckmann

Ideas & Politics

Outline

I. Ideas Into Actions

II. Making U.S. Government – 1st Try

III. Making U.S. Government – 2nd Try

IV. The Politics

A. Federal v. State

B. Slave v. Free

C. Big v. Small

V. Conclusion

Ideas Into Action

We just saw that the Declaration got the founding fathers to the notion of a social contract – the idea that people agree to form a government to help them achieve collective goals.

Ideas Into Action

Then the challenge was how to make it work? That is, how to you get a government that that can control citizens yet continues to look out for “the people’s” interests?

Ideas Into Action

The answer: include key democratic features…

1. Choose Best Possible Representatives

2. Monitor Their Actions

3. Reward or Punish

Ideas Into Action

1. Choose Best Possible Representatives

a. Free Elections

b. Fair Elections

c. Competitive Elections

Ideas Into Action

2. Monitor Their Actions

a. Competitive, Fair Process

b. Transparent Decision-Making

c. Free Press

Ideas Into Action

3. Reward or Punish

a. Free Elections

b. Fair Elections

c. Competitive Elections

d. Frequent Elections

Conclusion

So we previously saw why rational individuals would want to form a government. What remained unclear was what type of government they should want.

Now we know…

Conclusion

“The people” should want government where…

1. Elections are free, fair, competitive, & frequent.

2. Governance is transparent, debated, with a free press.

Conclusion

"Democracy is the worst form of government except for all those others that have been tried."

Winston Churchill

Making U.S. Government – The 1st Try Recalling The Declaration of Independence

Again, getting representatives to serve the people’s interests was not the founding fathers’ most pressing concern.

Instead, they were preoccupied with protecting against tyranny – particularly by a King.

Making U.S. Government – The 1st Try Recalling The Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men.

Making U.S. Government – The 1st Try Recalling The Declaration of Independence

Two Points about the Declaration

1. King G 3 is Bad

2. Passive Role for Federal Gov’t

(By Invite Only)

Making U.S. Government - The 1st Try
The Articles of Confederation

Article I. The Stile of this Confederacy shall be “The United States of America.”

Making U.S. Government - The 1st Try
The Articles of Confederation

Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

Making U.S. Government - The 1st Try
The Articles of Confederation

Basically the Articles said every state for itself except for wars, mail, and money.

* - Major Decisions Required Support from 9 (of 13) states

* - Constitutional Amendments Required Unanimous Support

* - Congress Lacked the Power to Tax

Making U.S. Government - The 1st Try
The Articles of Confederation

Basically the Articles said every state for itself except for wars, mail, and money.

* - Major Decisions Required Support from 9 (of 13) states

* - Constitutional Amendments Required Unanimous Support

- - Congress Lacked the Power to Tax

Notice, this meshes well with the ideas in the Declaration – decentralized and passive gov’t.

Collective Action Under the Articles

Thinking back to our discussion of Collective Action Problems, why was each likely arise under the Articles of Confederation?

Coordination Problems

Free-Rider Problems

Tragedy of the Commons Problems

Making U.S. Government - The First Try
Problems Under The Articles

1. Inaction

2. Infighting

3. Ineffectiveness

Shay’s Rebellion highlighted problems.

Making U.S. Government - The Second Try
The Constitutional Convention

February 21, 1787

Congress passes resolution for a Constitutional Convention in Philadelphia for “the sole and express purpose of revising the Articles of Confederation.”

Whoops.

Making U.S. Government - The Second Try
Some Guiding Principles

Wanted to Add

1. More “Dispatch” at Federal level

__________________________________________

But Also Wanted to Keep Ideas of

1. Public Consent

2. Individual Rights

3. Limited Potential for Tyranny

Federalists

Anti-Federalists

What’s Government For?

Declaration

Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Central Question

How do we know what is in our collective interest?

In our examples in class, the collective interest was mathematically demonstrable (e.g., class GPA). In real life choices, that’s rarely true.

Case: Defense Spending

The Framers’ Answer

Idea: Collective interests are reflected by ideas that command widespread, long-term majority support and do not violate individuals’ basic rights.

Practice: Without violating the Bill of Rights, only laws that can pass many procedural hurdles with majority (or even supermajority) support apply to citizens.

Making U.S. Government - The Second Try
Constitutional Liberalism

1. Separation of Powers

2. Checks and Balances

+ Federalism

***Think of Federalists 10 and 51 here.

Making U.S. Government - The Second Try
The Strategies, cont.

Separation of Powers

A. Legislative

I. Staggered Terms

II. Bicameral Design

B. Executive

C. Judicial

Making U.S. Government - The Second Try
The Strategies, cont.

Checks and Balances

A. On Congress: Pres Veto, Judicial Review, etc.

B. On President: Cong Override, Impeach, etc.

C. On Robes: Cong changes laws, Impeach, etc.

Making U.S. Government - The Second Try
The Strategies, cont.

Federalism

A. Supremacy Clause

B. Commerce Clause

C. 10th Amendment

Conclusion on Constitutional Ideas

The Founding Fathers were amazing political theorists, and the ideas they articulated while drafting the Constitution reflect, by my mind, the best thinking about politics ever put to paper.

Conclusion on Constitutional Ideas

But the Constitution is more than just the product of political theory; it is also a product of political practice: big states versus small; slave states versus free; national versus state; and so on…

The Politics
Behind the Constitution

Thomas Jefferson

Not only wrote ideals in the Declaration, but also spoke explicitly and eloquently about the abhorrence of slavery, its fundamental incompatibility with natural law.

The Politics
Behind the Constitution

Yet, Jefferson himself was a slaveowner. He never emancipated any slaves not in the Hemmings family, and he never forcefully advocated abolition in government. What’s more, he reacted with alarm at slave revolts.

The Politics
Behind the Constitution

How can we reconcile Jefferson's egalitarian commitments and democratic ideals with the reality of his life and his actions?

From Philosophy to Politics

Philosophy

- natural law

- social contract

Politics

- economics

- power

From Philosophy to Politics

The Political Fault Lines

I. Federal vs. State

II. Big States vs. Small States

III. Slave States vs. Non-Slave States

The Fault Lines:
Federal vs. State

Federalists

- trusted elites (educated and propertied)

- favored representative gov’t (i.e., a republic)

- emphasized importance of a strong federal gov’t

Anti-Federalists

- trusted common man (farmers and laborers)

- favored more direct democracy

- emphasized dangers of a strong federal gov’t

The Fault Lines:
Federal vs. State

Resolution…

1. Supremacy Clause

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."

U.S. Const. art. VI, Paragraph 2

The Fault Lines:
Federal vs. State

Resolution…

2. Commerce Clause

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

U.S. Const. art. I, Sec. 8

The Fault Lines:
Federal vs. State

Resolution…

3. Federalism

4. 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Fault Lines:
Big States vs. Small States

Two Rival Plans

Virginia Plan (Big States)

New Jersey Plan (Small States)

The Virginia Plan

Representatives Allocated by Population
Power to Veto State Laws
Power to Use Military Against States
Council of Revision

The New Jersey Plan

Representatives Allocated by State

(equal number to each)

Federal Gov’t Powers Akin to Articles

(weak)

The Great Compromise
(aka The Connecticut Compromise)

Two Chambers

The upper-chamber (Senate) would be composed of two delegates sent from each state.

The lower-chamber (House) would be composed of representatives based on population.

The Fault Lines:
Slave vs. Non-Slave

As the Constitutional Convention turned to the issue of slavery, Gen. Charles C. Pinckney [SC] “declared it to be his firm opinion that if himself and all his colleagues were to sign the Constitution, and use their personal influence, it would be of no avail towards obtaining the assent of their constituents. South Carolina and Georgia cannot do without slaves.”

The Fault Lines:
Slave vs. Non-Slave

The word "slave" does not appear in the Constitution. The Framers consciously avoided the word, feeling it would stain the document.

The Fault Lines:
Slave vs. Non-Slave

Nevertheless, slavery is integrally woven in the Constitution.

The 3/5 clause -- which counted slaves as 3/5 a citizen in apportioning representation -- gave the South extra Reps in the House and extra votes in the Electoral College.

Banned Congress from regulating the slave trade for 20 yrs.

Required the return of runaway slaves to their owners.

Gave the federal government the power to put down domestic rebellions, including slave insurrections.

The Fault Lines:
Slave vs. Non-Slave

The Great Compromise, cont.

Majority Rule
Commerce Clause
Necessary and Proper Clause
Checks and Balances
Ambiguity
Punts (e.g., right to vote)

Missing Fault Lines

John Adams to James Sullivan on the suffrage (1776)

Sir, it is dangerous to open so fruitful a source of controversy and altercation as would be opened by attempting to alter the qualifications of voters; there will be no end of it. New claims will arise; women will demand the vote; lads from twelve to twenty-one will think their rights not enough attended to; and every man who has not a farthing, will demand an equal voice with any other, in all acts of state. It tends to confound and destroy all distinctions, and prostrate all ranks to one common level.

Conclusion

Earlier we talked about TJ – who publicly opposed the idea of slavery yet himself owned slaves. The question I asked was how we reconcile the disunion between his ideals and actions?

Conclusion

Well, the same holds for our nation’s founding documents. How do we appraise a Declaration and Constitution that both condone slavery and simultaneously offer the rationale for its overthrow?