TGMWEEK2updated10.2-FoundationsofGovtFall2018WEEK21.pptxBusiness and Government PA-315 LECETURE SLIDES
Professor Thomas McWeeney
FALL 2018
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FOUNDATIONS OF AMERICAN GOVERNMENT
WEEK 1
FALL, 2019
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Course Narrative. Part A
Founding Concepts
The US Constitution
Historical Development of Gov’t/Bus Relations
Roles of Government and Models of Business and Society
Regulation, Administrative Law, & Lobbying
Contemporary Federal Practices: The President, Congress, the Bureaucracy, and the Courts
====================================Project ONE: Ethics
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Course Narrative, Part b
California State and Local Government
Power in the Modern Age
Globalization
Economic Development
International Finance, International Trade and International Organizations
Business and Government: Future Perspectives
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Project TWO: Current Policy Issues
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Founding Concepts
Arbitrary and unaccountable power
Sovereignty
Limited Government, Limited power, collaboration
Liberty and Justice for All
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Arbitrary and unaccountable Power [Taken from the Declaration of Independence]
…The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having indirect object the establishment of an absolute tyranny over these states…
To prove this, let facts be submitted to a candid world:
[REVIEW LIST OF 28 INSTANCES OF ARBITRARY AND UNACCOUNTABLE POWER]
…In every stage of these oppressions, we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people…
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Sovereignty: Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or…
…on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments,
….which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress;
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Limited Government: 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.
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Founding Documents
Declaration of Independence
Articles of Confederation
The US Constitution
The Federalist Papers
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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,
and to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying on a foundation in on such principles, and organizing its powers in such form as to them shall seem the most likely to effect their safety and happiness
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D of I Continued
We, therefore,… declare that these United colonies are and of right ought to be, FREE AND INDEPENDENT STATES; and that they are absolved from all allegiance to the British crown…
And for the support of this declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
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FOUNDATIONS OF AMERICAN GOVERNMENT, [Part 2]
WEEK 1
FALL, 2019
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Important topics
Articles of Confederation
Challenges facing the Constitutional Convention
The Great Compromises
The Federalist Papers
The Major Sections of the Constitution
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The new nation
What model?
What structure
Who is in charge?
What are states?
What power should the the central government have?
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Articles of Confederation
Focus:
Sovereign States: “These States united”
Democracy
Equality
Limited government
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A of C – How it worked (or didn’t)
Each state had ONE vote in Congress
Nine of the Thirteen states were required to pass ANY measure
Delegates picked and paid by state legislators
Amendments require 100% vote
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A of C Power and Authority
No power to raise taxes
No power to conduct war
No power to regulate commerce
No central authority to conduct foreign affairs
No judicial system
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Situation - 1785
Sense of pending disaster
No common currency
No regulation of interstate commerce
No ability to pay the army
Conflicting foreign policy
Rebellions
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Constitutional Convention
Discussion began in Annapolis in 1786
Called all states to Philadelphia in summer of 1787
Render a Constitution appropriate for the “exigencies of the nation” - to endure for all time
All states sent delegates – 55 in all
George Washington presided
James Madison set the agenda
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Major Challenges
Need for strong government, but avoid tyranny
Large states v small states
Consensus in a large heterogeneous nation
Tyranny of the majority
Sovereignty: national govt. v state govts.
Need for strong government, but avoid unaccountable power
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Three primary concerns
Fear of accumulation of power
Conflicting needs of big v small states
“Tyranny of the majority”
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Solution 1: Separation of Powers
Problem: Fear of accumulated power
The national government would be divided into three co-equal branches
A congress, consisting of two houses
A president, elected by the states
A supreme court and lower courts to decide constitutional issues
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divided National Power. (See Federalist 51)
Congressional checks of the other branches
Overriding a Presidential veto
Impeaching the president and judges
Refusing to approve presidential appointments
Refusing to ratify a treaty
Changing the jurisdiction of the courts
Presidential checks of the other branches
Veto a bill passed by Congress
Nominates Federal judges
Supreme Court checks of the other branches
Declares a law unconstitutional
Declare presidential actions unconstitutional
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Solution 2: Bicameral Legislature
Problem: Conflicting needs large and small states
A House of Representatives – elected by the people- with representation apportioned by population; elected every two years to endure popular sentiment is understood.
A Senate – Initially Elected by the state legislatures for a staggered 6-year term. (Modified by the 17th Amendment)
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Solution 3: Republican Form Of Government (See Federalist No. 10)
Problem: Tyranny of the Majority; Consensus in a large, heterogeneous nation
New concept of democratic government
Curing the mischief of factions
Federalism and divided power
National power must be exploit; all other power reserve
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Pre-Madison
| 3 Forms of Government | ||
| Monarchy | Popular Sovereignty | Authoritarian |
| Democracy Republican form of Government |
Madison
Madison’s Contribution to Democratic thought
| 3 Forms of Government | ||
| Monarchy | Democracy | Authoritarian |
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| BODY OF THE CONSTITUTION | |
| A. PREAMBLE | |
| B. ARTICLES | |
| Article I | Legislative Power |
| Article I | Executive Power |
| Article III | Judicial Power |
| Article. IV | Full Faith and Credit |
| Article V | Amendments |
| Article VI | Supreme Law of the Land |
| Article VII | Ratification |
| AMENDMENTS | |
| C. BILL OF RIGHTS | |
| 1st Amendment | Free Speech, etc |
| 2nd Amendment | Right to Bear Arms |
| 3rd Amendment | Quartering Soldiers |
| 4th. Amendment | Search and Seizure |
| 5th. Amendment | Self Incrimination |
| 6th. Amendment | Right to Speedy Trial |
| 7th. Amendment | Right to a Jury Trial |
| 8th. Amendment | Fair Punishment |
| 9th. Amendment | Rights Retained/People |
| 10th. Amendment | Reserved powers/States |
| D. 17 Other Amendments | |
Structure of the US Constitution FOUR MAJOR PARTS
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Week 3 lecture
1. Contemporary Topics that Reflect the Philadelphia Convention
Federalist Papers
Electoral College
Presidential Power
Supreme Court Nominees
A closer Look – the Federalist Papers
Collection of 85 Essays written in support of the Constitution in 1787-8
Authors: James Madison, Alexander Hamilton, John Jay
Argued against the “anti-federalist view” – primarily that a strong national government would limit freedom and would slowly absorb all powers reserved to the states
Saw the the correct role for the US Government as organizer of strong states around a common purpose – liberty
Federalist reflected the deliberations of the Philadelphia Convention
Federalist 10 – James Madison
Question – how to overcome the problem factions in a democratic society
Two methods of curing the problems of factions:
Removing causes
Destroying liberty
Ensuring conformity
Controlling effects
Promoting the competition of ideas
Countering ambition with ambition
The answer lies in a Republic, with a multi-faceted apparatus, which is represented by able citizens and less likely to carryout “schemes of oppression”
Federalist 51
Minimizing the likely abuse of power -- “if men were angels…?
Informed the reader of safeguards built into the Constitution
Separate and independent branches of government
Checks and balances when in conflict
The idea was to create many power centers – each of which had the potential to limit or stop unwanted government actions
Government checks; 3 Branches; 2 Houses and within each House, the Federal Judiciary, (9 Supreme Court Judges and 94 judicial districts, and Individual states
Contemporary Examples?
2016 Electoral Map – Presidential Election Precisely what the founders anticipated
Donald Trump 60,350,241 (47.3%)
Hillary Clinton 60,981,118 (47.79%)
That’s a difference of 630,877 votes.
Donald Trump
33 States (66%)
Hillary Clinton
17 States (34%)
That’s a difference of
2 to 1.
2016 Electoral Map – Presidential Election Precisely what the founders anticipated
Donald Trump 60,350,241 (47.3%)
Hillary Clinton 60,981,118 (47.79%)
That’s a difference of 630,877 votes.
Donald Trump
33 States (66%)
Hillary Clinton
17 States (34%)
That’s a difference of
2 to 1.
Congressional Districts – 2016 Election
2016 Election Results by County
Summary
Opposition to the practice of arbitrary and unaccountable power was the driving force behind the Declaration of Independence and has been the driver of all subsequent political reform movements
Sovereignty is the highest legal authority of a nation. No other entity can overrule actions of the sovereign. In the US, sovereignty lies with “the people” as is documented the preamble to the Constitution. This is commonly referred to as “popular sovereignty”
The founders specifically rejected the notion that government should have absolute power over the people, emphasizing that governments derive their power from the consent of the governed, thereby establishing the principle of ‘limited government”
Constitutional provisions that recognize limited government and the sovereignty of the people are Article V and the 10th Amendment
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Summary (cont.)
5. The D of I included some radical concepts that have since become a standard for democratic governments, including
All men are create equal
The unalienable rights of man to life, liberty and the pursuit of happiness
Government derives its powers from the consent of the governed
The right the people to alter or abolish government when it violates these rights
The D of I also sets forth two fundamental - but often conflicting - values of justice (all men are created equal) and freedom (life, liberty, pursuit of happiness) which was reconciled in the US Constitution but continues as a primary source of political debate and controversy today.
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Summary (cont.)
7. The Articles of Confederation were an effort to make democracy work by significantly restricting the power of the central government in favor of state governments. But he new government was weak, had no power to effect national policy or national security. In1786, at the Annapolis Convention, delegates determined that the Articles could not be repaired and issued a call for all states to send delegates to Philadelphia during the summer of 1787 to develop a new constitution.
The central challenge of the founders in developing the constitution was:
The need for a strong government
The need to ensure that power was limited scope and distributed so as to never permit an accumulation of power in one source
The need for big and small states to be adequately represented
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Summary (cont.)
9. The Constitutional Convention produced major compromises that were essential solving the problem of democracy in a large nation:
A Republican form of Government
Separation of powers into 3 branches of government
A bicameral legislature
The Constitution contains 4 major parts – the preamble, the powers of government, the rights of the individual, and 17 other amendments
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Part 2
Business and Government
Founders - Fear of Government; Protection of Liberty
Bill of Rights – Protected individual rights – but applied only to the Federal Government – not to the States – even with the passage of the 14th Amendment
14th Amendment –
All persons born in the US are citizens
NO STATE may deprive citizens of “equal protection of the law”
Economic Interpretation
Charles Beard – Economic Interpretation of the Constitution of the United States (1913)
Southern Pacific Cases (1880s) – “corporations are persons within the meaning of the 14th Amendment:,
Between 1868 and 1912, the Supreme Court would rule on 28 cases involving the civil rights of African Americans and 312 on the Civil Rights of corporations
Affirmed in 2010 - Citizens United – corporations have the same rights as people – including the right to unregulated free speech
US: Intended to create an Environment for prosperity
Limited Government
Liberty of Contract
Common Currency/Full Faith and Credit
Competition among special interests
Primacy of State Legislators
Infrastructure investment
Business and Government Relations
Below are generic categories of actions justified by the Constitution. However, specific policy decisions have historically been based on the contemporary interpretation of business rights and privileges under the Constitution
Business/Government strategies for public policy (p5)
Monetary policy
Fiscal policy
Mitigation of social vulnerabilities having a business nexus
Promotion of the business sector
Government competition/actions to limit business
Advancing/lobbying the private sector
The great debate
Laissez-Fair v Activist Government
Spending
Size of Government
Economic Policies
National Debt
National Defense
Domestic Discretionary
Entitlements
Models of business/government relationship
Shareholder Model – business centric (market focus)
Strategic Model – competitive, but shared objectives (company focus)
Stakeholder Model – quality of life over mere business interests (people focus)
Week 3
5 generic roles of government
Legal Framework
Promotion
Infrastructure
Security
Domestic Programs
Regulation
Business/government roles
Provider of monetary and fiscal structure
Regulator
Safeguard against risk
Provider of infrastructure
Purchaser
Social architect
Service provider
Promoter of business
