Chapter 1: Constitutional Underpinnings

1. Chapter 1: Constitutional Underpinnings Albert Lin Evelyn Tan Kari Chin Nathan Lee

2. Constitutional Underpinnings of the Government • Considerations that Influenced the Formulation and Adoption of the Constitution • Separation of Powers • Federalism • Theories of Democratic Government

3. Considerations that Influenced the Formulation and Adoption of the Constitution • John Locke’s Natural Rights(Unalienable Rights): Life, Liberty, and Property. • Belief that government is built upon the consent of the people and they limit the government. • The limits of the government included: providing standing laws and power that cannot be taken away. • Believed that the British politicians were immoral, the British constitution was incompetent. Example: George III violating Natural/ Unalienable Rights. • Declaration of Independence stated “That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government”(Declaration of Independence).

4. Considerations that Influenced the Formulation and Adoption of the Constitution • After the Revolution, came up with the Articles of Confederation. • Major Confederation Weaknesses. • Could not regulate commerce or levy taxes. • State Government stronger than Federal Government. • Only had a legislative branch. One vote each state. • Getting something passed required 9 out of 13 votes and to change or add an amendment, all thirteen states had to agree. • National Army was small, resulted in disputes between states.

5. Considerations that Influenced the Formulation and Adoption of the Constitution • The Constitutional Convention in Philadelphia. • Lessons of Experience • Shay’s Rebellion showed that the Army was too weak and led to the fear that the states would collapse. • Constitutions of States. • Pennsylvania’s constitution was too strong and too democratic. • Massachusetts’ constitution was too weak and less democratic. • The Framers • The Founding Fathers of the United States. • Came on the sole purpose to write an entirely new constitution. • Influenced by Locke theory of Natural/Unalienable Rights. • A problem showed up, where the Framers needed to find a way to maintain a strong government for order but also would not threaten liberty.

6. Considerations that Influenced the Formulation and Adoption of the Constitution • Great Compromise • Virginia Plan(Large-State Plan). • Bicameral Legislative Branch. • Both houses elected with apportionment according to the population. • New Jersey Plan(Small-State Plan). • Single Chamber Legislative Branch. • Regardless size of the state, each state has one vote. • Compromised Plan(The Connecticut Compromise). • Bicameral Legislative Branch • One house elected based on state population(House of Representatives). • One house each state has two votes, regardless the size (Senate).

8. Separation of Powers • Montesquieu's philosophy that "government should be set up so that no man need be afraid of another" reminded Madison and others that a free and stable foundation for their new national government required a clearly defined and balanced separation of powers. Also that Human Nature leads people to want to gain more power, and to protect that, you have to give different people different powers, so they protect their powers from others, which results to the government not being too powerful. • Therefore; Legislative, Executive, and Judicial Powers are separated.

9. Separation of Powers • Along with separation of powers, checks and balances are also put in place to make sure government’s do not have too much power or abusing their power. • Checks and balances are another one of Montesquieu's philosophy. • To prevent one branch from becoming over-powered, protect the "opulent minority" from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances." Checks and balances allow for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

11. Separation of Power: School House Rock Three Ring Government

12. Federalism • Unitary: power is centrally located • Confederacy: alliance of nations/states • Federacy: Powers are between two or more levels of government Lines of Power in Three Systems of Government >

13. Federalism • Sharing power between the national, state, and local governments. • The Framers believed that neither national nor state government would have authority over the other, due to the fact the powers derives from the people. • No historical precedent.

14. Federalism • Advantages and Disadvantages of Federalism • Advantages • Fosters state loyalties • Practices pragmatism • Creates laboratories of democracy • Disadvantages • Prevention of tyranny • Leads to lack of accountabillity

15. Federalism • Powers of the Federal and State Government • Enumerated Powers of the National(Federal) Government: • Printing Money, Regulating Interstate and International Trade, Making Treaties and Conducting Foreign Policy, Declaring War, and Raising an Army. • Reserved Powers(States): • Power to Issue Licenses, Regulation of Intrastate Commerce. • Shared Powers(Both): • Collect Taxes, Build Roads, Operate Courts of Law, Borrow Money.

16. Powers of the Government

17. Theories of Democratic Government • What is Democracy? • A system of government by the whole population or all the eligible members of a state, typically through elected representatives. • Aristotle saw it as “Rule of the Many” • Two Different Democracies • Direct Democracy • form of government in which people vote on policy initiatives directly • Representative Democracy • Form of government in which people vote for representatives who then vote on policy initiatives

18. Theories of Democratic Government • Elitist, Pluralist, Hyper pluralist. • Elitist theory- society is ruled by a small group who exercise power in their own interest; “democracy for the few” • Pluralist theory- governing system in which small groups compete for political power and prevent any one group from taking complete control • Hyperpluralisttheory-small groups control the decision-making of the government rather than the government acting for the good of all people; extreme version of pluralism

19. Theories of Democratic Government • Political Elitist Thought • Marxist View • Two economic classes • Who controls the economy dominates • National Corporations • Power Elite • CW Mills • Three Groups • Top leaders enjoy wealth, status, positions • Bureaucratic View • Weber • All institutions have fallen to a large bureaucracy • Expertise and competence manage affairs • Pluralist • No single elite controls • Resources Divided • No mention of equality • Self-Interest • Not being selfish • Motivation • Pluralist view tries to make everyone happy • Plays a role in politics • Common good and spirit has a place

20. Democracy is…