The Founding

1. The Founding The Framers as politicians

2. How did politics affect the structure of the U.S. Constitution? • Framers’ personal and political motives • Enlightenment • Class • Experience with strong central authority

3. The Declaration of Independence • He has refused his Assent to Laws, the most wholesome and necessary for the public good. • He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. • He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. • He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. • He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. • He has affected to render the Military independent of and superior to the Civil power. • For Quartering large bodies of armed troops among us:

4. …continued • For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: • For cutting off our Trade with all parts of the world: • For imposing Taxes on us without our Consent: • For depriving us in many cases, of the benefits of Trial by Jury: • For transporting us beyond Seas to be tried for pretended offences • For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: • For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. • He has abdicated Government here, by declaring us out of his Protection and waging War against us. • He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

5. How did politics affect the structure of the U.S. Constitution? • Framers’ personal and political motives • Experience with strong central authority • Experience with weak central authority

6. The Articles of Confederation (1777) • No executive branch • Execution of laws left to states • Members of Congress chosen, paid, and recalled by state legislatures • Each state has one vote • Congress cannot levy taxes or regulate interstate commerce • No national army, only state militias

7. How did politics affect the structure of the U.S. Constitution? • Framers’ personal and political motives • Experience with strong central authority • Experience with weak central authority • Politics of the 13 states

8. A political problem: • “Effectively, the Constitutionalists had to induce the states, by democratic techniques of coercion, to emasculate themselves…to agree to send delegates to the Philadelphia Convention, provide maintenance for these delegates, set up the special ad hoc convention to decide on ratification, and concede to the decision of the ad hoc convention.” (Roche, 800)

9. Features of The Constitution • Legislative supremacy

10. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; …To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures …To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; …To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; …To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, … the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; …To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof Congress’ Constitutional Powers

11. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. …He may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States The President’s Constitutional Powers

12. Resulting Constitution • Legislative supremacy • Checks and balances

13. Madison, Federalist 51 • Members of each department should be as little dependent as possible on those of the others, for the emoulments annexed to their offices… • Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.

14. Madison, Federalist 51 • It may be a reflection on human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.

15. Madison, Federalist 51 • In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself.

16. Checks and Balances Congress Writes laws Overrides vetoes Confirms nominations Confirms treaties Declares war President Courts Reviews laws Reviews executive actions Appointed for life Vetoes bills Appoints judges Appoints executive officials Commander in chief Negotiates with foreign nations

17. Resulting Constitution • Legislative supremacy • Checks and balances • Bicameral Congress • Bill of Rights • Slavery

18. Dahl’s argument • What couldn’t the Framers know? • How is the Constitution undemocratic?