Constitutional Underpinnings Unit 1

1. Constitutional UnderpinningsUnit 1 AP US Government & Politics

2. Word Association • Define government. • What ideas come to mind? • Define politics. • What ideas come to mind? • Do these words have a more positive or negative connotation in your view?

3. Can we be hopeful about politics?

4. A neutral view of politics Harold D. Lasswell • Who gets what, when, and how. (and where) • All of us are political, we’re just not used to calling it that. You don’t have to take a class to get politics. Aristotle was correct when he wrote, “Man is by nature a political animal.”

5. Political Power • Power – ability of one person to cause another person to obey them • Authority – the legal (constitutional in our case) right to use power • Legitimacy – what makes the law or leader worthy of being obeyed – (was the election fair? Is the leader abusing your rights?)

6. Learning Target 1A • Describe the role that Greek, Roman and Enlightenment philosophy played in the development American political thought and the creation of our founding documents

7. Ancient Greece • First civilization to break away from totalitarian rule and embrace democracy. • “Demos” means people and “kratos” means rule or authority. • Athenian men voted in the Assembly; they used the secret ballot, served on committees and juries, and performed military service. • This form of “direct democracy” has never been practiced to such a full extent since.

8. Roman Empire • Stretching from England to the Persian Gulf at its peak, Rome evolved from a monarchy to a limited representative democracy, to totalitarian state. • Patricians (“fathers”) controlled the Roman Senate and the lower classes had their own less powerful representatives. • The Romans contributed two major achievements to the story of democracy: a system of Codified Laws and a focus on Citizenship.

9. Roman Code of Laws • The Laws of the Twelve Tables governed the Roman Empire. • It was broken down into two parts: Public Law and Private Law. • Public Law focused on the Roman state. • Private Law focused on the behavior of the individual. • The test of any law was “what a person of common sense and good faith would know to be right.”

10. Feudalism • After the collapse of the Roman Empire around 450 A.D., a period of chaos reigned only to be soothed by the rise of the Catholic church in Europe. • Feudalism emerged out of this, as well as the Crusades, in which Christians fought to gain back the Holy Land in the Middle East. • The Lord of the Manor would rule over the lives of the serfs, who worked to make each manor as self-sufficient as possible. • Knights served the Lord and fought to maintain prestige and to protect the manor and the castle. • Serfs were bound to the soil and unable to gain any higher social standing. They were not educated and religious life was on the manor was controlled by the priest.

11. Renaissance • Development of intellect and curiosity through artistic and scientific achievement. • The printing press and use of the vernacular (native language instead of Latin) - more people to want to learn to read in their native language. • Sea exploration to Asia and America - exposure of new ideas and cultures, as well as financial benefit (ownership of colonies and Mercantilist Theory). • Curiosity beget more curiosity and people begin to question authority, especially that of the Pope, hence the Protestant Reformation. • “Divine Right of Kings” was questioned by Enlightenment thinkers such as Locke, Montesquieu, and Voltaire.

12. Monty Python & the Holy Grail • Dennis the Filth Peasant Meets King Arthur – hilarity ensues! • https://m.youtube.com/watch?v=6ntPUq8K4wk

13. Machiavelli • Machiavelli’s name is synonymous with tough and dirty politics (“machiavellian”) • Author of The Prince. One of history’s first political scientists.

14. Machiavelli Quotes • “The ends justify the means.” • “It is better to be feared than loved.” • “By no means can a prudent ruler keep his word. Because all men are bad and do not keep promises to you, you likewise do not have to keep your promises to them.”

15. Thomas Hobbes – The Leviathan • Imagined what a life without government would look like, he painted a bleak picture in which there would be • no industry; no culture; no navigation, no imports; no building; no knowledge; no account of time; no arts; no letters; no society; and continual fear of danger and violent death • “and the life of man (shall be) solitary, poor, nasty, brutish, and short.” • aka “The Purge” (?) • One absolute ruler would take care of all, and by agreeing to be governed, you agree to the rules made by the ruler - give up freedom for safety and protection

16. Social Contract Theory • “The only valid government is one based on the consent of the governed.” – John Locke • Rulers and citizens enter into an agreement, or a social contract which can changed or abolished if the ruler abuses the people • Government by the people, masses • Enlightenment view of “natural law” which gives one the right be free because we were created by God • The ruler should protect God-given rights. But what if the social contract is broken? Must man obey the ruler?

17. Locke’s influence on the US • “…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 new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…” • Thomas Jefferson, Declaration of Independence • The King and Parliament “broke the social contract” so it made our revolution, in our view, morally and politically right.

18. Declaration of Independence • https://www.youtube.com/watch?v=jYyttEu_NLU • Morgan Freeman and other Hollywood folks read the Declaration in dramatic fashion!

19. Learning Target 1B • 1B - Explain the following concepts and identify multiple examples of each concept throughout history • separation of powers • checks and balances • popular sovereignty • limited government • federalism • judicial review

20. Madisonian Principles of Gov’t in the Constitution • Checks and Balances – a system where branches have some authority over others as a way to avoid one branch from becoming to tyrannical • Federalism – division of power between central (national) government and individual states • Judicial Review – The Supreme Court’s power to declare actions by the legislative or executive branch, or an individual state, unconstitutional

21. Madisonian Principles of Gov’t in the Constitution • Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed • Limited Government – gov’t is not all-powerful, and it does only what citizens allow • Separation of Powers – division of gov’t between branches: executive, legislative and judicial

22. Can the masses govern effectively? • Direct Democracy – citizens create/vote on laws • Problems 1. Impractical for reasons of time, expertise • How do you get 300 million people to vote multiple times per day on issues they no nothing about? 2. Masses of people make unwise decisions based on emotions (remember…the Nazis and Hitler were elected fair and square!!) • “The masses are turbulent and changing and seldom judge or determine right.” -Alexander Hamilton

23. Representative Democracy (Republic) • Citizens elect representatives to governmental positions • Gov’t is the MEDIATOR between multiple viewpoints • “Will of the people” (WotP) ≠ “Common interest” (CI) • EX. (WotP) Congress shouldn’t spend so much money – our debt is too high already!! • vs. (CI) BUT…the Brent Spence Bridge on I-75 needs to be rebuilt because it is a main artery of US commerce. • Reps are educated on issues by other Reps., staffers, lobbyists and constituents. • Good News/Bad News - Prevents fast, sweeping changes • More Good News/Bad News - Minority rights more likely to be protected

24. What makes a Democracy? Urofsky’s “Root Principles of Democracy” – argues that there are 11 principles and 3 overarching themes that contributed to the evolution of American democracy

25. Learning Target 1C • 1C - Differentiate among the following theories of governance and debate their merits and shortcomings • Pluralist • Elite • Hyperpluralist • Marxist • Bureaucratic • Majoritarian • Trustee vs. Representative model • “Politico” (not the website)

26. Pluralism • Modern society consists of many groups (ex. Economic, religious, cultural, ethnic.) that compete with each other to achieve goals • Groups that influence gov’t, work hard, and have largest membership get what they want • Even if the average citizen does not keep up with politics, their interests will be protected by their group. (EX. The NRA protects all gun owners not just their members – many folks are “free riders”.) • Groups must COMPROMISE to achieve goals

27. Pluralism

28. More on the Pluralist view • Relatively low numbers of people join interest groups. • Poor citizens have less opportunity to join interest groups or contribute to them. • One can’t assume that group decisions are always in the best interest of the nation. But on the other hand… We are pluralist because… • There is no unified majority in the US that always acts together. • Gov’t leaders must please groups to gain votes and money to be reelected. • Groups must compete for gov’t services and favorable laws.

29. Elite Theory • Those who control the economic system control the political system and the citizenry. • Politicians require massive funding to win elections, and rely on corporations to supply them. Lawmaking is influenced by cash as well.

30. Elitism in Politics… Elitism is constitutional… But then again…. Inequalities in wealth do not give everyone a fair chance to compete in the “marketplace of ideas”. Only those with the most money can have their ideas heard and good ideas are often silenced as a result. Limiting the influence of corporate money in the political process protects the rights of the minority, in this case, those without large sums of cash to donate. CENTRAL QUESTION: Is the Supreme Court right to interpret use of money as a form of free speech? • Free speech is a First Amendment right – giving your hard earned money to a candidate or company is a form of free speech – your money does the talking. • Corporations have the same free speech rights as individuals (Citizens United v. FEC 2010). • Whether you buy a Big Mac or an iMac, you are implying you support the company and their business practices with your purchase. Your money does your talking. • In a capitalistic free market society, government should not interfere with the marketplace.

31. Hyperpluralism • “Pluralism on steroids” • Too many competing voices total results in gridlock of government • Society lacks the cohesion necessary to force compromise • Impossible to agreupon what is in the common interest so consequently, very little gets done

32. Marxism Friedrich Engels (l) and Karl Marx (r) The League of Distinguished Bearded Gentlemen

33. Marxist Theory • More of an economic and sociological theory, it argues that government operates to benefit the business owner (bourgeoisie) at the expense of the worker (proletariat) • Sees class struggle as history's driving force – the haves vs. have-nots • Sees capitalism-based elitism as antithetical to true democracy • Think of the “Occupy Wall Street” movement

34. Bureaucracy • Large, complex organization of appointed, not elected, officials. • “bureau” – French for small desks, referring to the king’s traveling business men who set up small desks in town squares • Bureaucracy = “government of small desks”

35. Max Weber • Famous early 20th century economist, German • Bureaucracy – well organized, complex machine that is a “rational” way for society to organize its business

36. Weber – Bureaucratic Theory Characteristics • Hierarchical authority structure – chain of command • Task specialization – individuals have unique jobs, division of labor • Extensive rules – clear policies for the organization to follow • Clear goals– clearly defined mission • Merit principle – hiring and promotion based on qualities, no jobs for favors • Impersonality – performance judged on productivity

37. Majoritarian Theory • Argues that leaders are forced to follow the wishes of the people because majority rules • There are more of “us” (the voters) than of “them” (the politicians) • The classical theory of democracy in which government by the people is interpreted as government by the majority of the people

38. Edmund Burke • an Irish political philosopher, writer, parliamentarian and intellectual • changed his views often throughout his life – from anarchism to traditionalist conservatism. • he is claimed by people on both the left- and right-wings as one of their own • Trustee/Delegate model

39. Delegate/Trustee/Politico • Delegate Model - Legislators should adhere to the will of their constituents, even if they disagree with them • Trustee Model - Legislators should consider the will of the people but act in ways that they believe are best for the long-term interest of the nation • Politico Model - Legislators should follow their own judgment (that is, act like a trustee) until the public becomes vocal about a particular matter, at which point they should follow the dictates of constituents

40. A Reminder… • These are only theories. They are people’s perception of our democracy and the way it functions. • Which theory is correct??? • Pluralist – most popular today • Majoritarian – popular pre-1950’s • Elite – increasing (especially after the Citizens United case) • Bureaucratic – gov’t spending more $ than ever before just to run itself – not going away any time soon ex. - Department of Homeland Security was developed after 9/11. ex. - When “Obamacare” comes to full fruition, bureaucracy will get even bigger and more specialized ALL ARE CORRECT OR INCORRECT DURING DIFFERENT HISTORICAL ERAS.

41. Learning Target 1E • 1E – Outline the arguments for independence as presented in the Declaration of Independence (and the film 1776)

42. British Colonial Rule Unitary System – all power flows from one central government Powerful British Government Political Subunits (Colonies)

43. Declaration Outline • Introduction - “When in the course of human events…” • Preamble – “We hold these truths…” – Social Contract theory & natural rights/law • Indictment (accusations) – “He has…” • Denunication - “Nor have we been wanting…” – criticism of lack of British support to peacefully negotiate • Conclusion – “We, therefore…” include s the Virginia Resolution on Independence (shown in film)

44. Learning Target 1F • 1F - Delineate the strengths and weaknesses of the Articles of Confederation and why, to a large degree, it was abandoned

45. Articles of Confederation 1781 – 1789 – RIP Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

46. Articles of Confederation • 1781-1789 • Original American gov’t system • Weak central gov’t • Individual and state liberties not threatened • No executive (they hated kings) • Confederacies are usually unstable

47. A of C – Weaknesses • Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control • Unicameral Congress (one house) with one vote per state • Supermajority (9 of 13) to pass a law • Supermajority (13 of 13) to amend • No Executive (No President), no central authority • No Federal Judiciary (No Supreme Court), no central law • No control of taxation, commerce between states or with foreign nations, money system

48. Shays’ Rebellion • Colonies were in debt after the war, central gov’t tried to raise taxes • Farmers in western Massachusetts rebelled against tax they could not afford • Rebelled against foreclosures, forced judges out of court, freed debtors from jail • Showed that national gov’t was weak, needed to seek a stronger national gov’t

49. Learning Target 1G • 1G - Describe the major revisions that were made, and the compromises that were struck, at the Constitutional Convention. What were “the great silences” – what was left out? Why?

50. The Constitutional Convention • 1787 • Revising the A of C • Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white