POLSE 1101 Chapt 2: Constitution

Articles of Confederation

-Under articles, no pres and no judiciary. Each of 13 states was represented in unicameral legislature!!!! -nat gov couldn't collect taxes. Only state gov. -No amendments ever got passed. -Treaties could be made, though, allowing gov to take northwest land away from Native Americans -Nation was in debt from war. States had to impose taxes individualy. -Shays's Rebellion: uprising against the state gov's effort to tax people and their trades. Proved the Articles had to go. -Thomas Jefferson liked Shay's Rebellion. -So, leaders met to make constitution

1st ten amendments: Bill of Rights:

1. Freedom of speech, religion, assembly, and press, and the right to petition the gov for redress of grievances. 2. Protects the right of states to maintain militias. And the right of people to keep and bear arms. 3. Restricts quartering of troops in private homes. 4. Protects against unreasonable searches and seizures. 5. Right not to be deprived of life, liberty, or property, without DUE PROCESS OF LAW, including protections against double jeopardy (tried again on the same charges), self-incrimination (forced to testify against yourself), and gov seizure of property without just compensation. 6. Right to a speedy and public trial by an impartial jury. 7. Right to a fair jury trial in cases involving common law (judge-made law, originating in England) 8. Protects against excessive (pricy) bail or cruel and unusual punishment. 9. Provides that people's rights are not restricted to those specified in 1-8. 10. Reiterates the principle of federalism by providing that powers not granted to the national government are reserved to the states or to the people. June 1788 New Hampshire became 9th state to ratify the constitution. But Virginia and New York had still not voted. By the end of July, these 2 large central states voted, and the Union took off the ground.

1780

1780 was a rough time for American revolution. Many of our soldiers died. Real problem was the fledging national gov: Continental Congress. Was unable to act decisively because all matters (like taxes) required state gov approval. Troops struggled to survive because of lack of supplies. Supplies were available, but many political leaders were free riding. States contributed money, but did so slowly. The gov may have not been enforcing anti free riding. George Washington recognized the gov's flaw. We won war, but gov continued to be flawed, and states threatened to separate into nation states. 1787: 55 delegates assembled to revise Articles. Britain couldn't govern from so far away anyway. HOME RULE: given by a nation to a locality to enact legislation and manage its own affairs locally. Applies to Britain ceding responsibility to the colonies to manage domestic affairs, like taxing. Britain was fine with it. Britain just wanted to control America's foreign commerce, giving itself a market for goods. For over a century before independence, colonists had routinely elected leaders. They were already familiar with self governance. 1st colonial representative assembly: 1619. 1650: all colonies have ELECTED STATE ASSEMBLIES that would gain the right to start laws and taxes. British appointed governors, judges, councils, and some of these officials resisted expansion of local perogatives/rights. But because the elective assemblies paid their salaries and funded their offices, officers of the Crown too had to accommodate popular opinion. Showed that a popularly elected legislature could dominate other gov institutions. In revamping Constitution, leaders considered this. State assemblies had self governance, and supplied nation with elected politicians experienced in negotiating collective agreements. Provided excellent leadership. Colonists wrote constitutions in 1776 and again in 1787 to free America from the contract between the Crown and British company/entrepreneur. But, as training for self governance, Home Rule shortchanged the nation (insufficient money). Britain regulated colonies' commerce and provided them with military security with world' largest navy. Colonies prospered this way, but this caused free riding, giving them little experience managing collective action. Britain preferred to deal with colonies individually. After independence, politicians found themselves incapable of addressee collective problems as a nation. The free ride on Britain had ended. Home Rule's 1st strains: Britain-France war 1750s (pre independence): French-Indian/7 years War -war drained Britain's military resources -Britain summoned colony delegates to Albany, NY for assistance against French and Indians. -6 colonies failed to send delegates. 1st national assembly failed before it convened. -but, Albany Congress made serious proposal. PA delegate Ben Franklin proposed "Plan of Union" to create national gov. Called for American Army, popularly elected national legislature to levy taxes, and executive appointed by king. -No one was excited about these ideas. -People wanted to free ride, so until the next decade, Britain didn't force Americans to contribute to their defense. Only then did Franklin's proposal gain interest. (Okay, Britain's not letting us free ride anymore. Might as well come together w/ strong fed gov).

The Federalist Papers

85 essays collected under title: "The Federalist." Written by Hamilton, Madison, and Jay. -First appeared in NYC newspapers to influence delegates to NY convention, where ratification was in trouble. -Jefferson described the curriculum of University of Virginia to have Federalist papers as a necessary reading. -2 of Madison's essays, Federalist 10 and 51, offer insight to theory of the constitution. Tackles self-governance. -10: explores solutions to tyranny by the majority. -51: talks about keeping government officeholders honest through checks and balances. Federalist 10: -Responds to Antifederalist claim that a large republic could not survive. -Borrows from writings of David Hume -Madison says the problem is FACTIONS- group of people with common interests who are opposed to other groups with competing interests. Madison defined it as any group with objectives contrary to the general interest of society!!! Could be a majority or minority. -His "factions" similar to modern interest groups and political parties -Madison identifies 2 ways to eliminate factions: AUTHORITARIANISM (suppressing factions) and CONFORMISM (trying to make everyone conform). Both are ineffective -In unequal capitalist market, people are naturally divided into factions like landowners vs homeless. Identifies 2 types of factions: minority and majority- must be controlled in different ways. -ex. 18th century: minority faction: monarchy and aristocracy controlled America- democracy provides the remedy. -ex. Democracy causes majority factions- Madison disagrees with political philosophers, by saying that direct democracy is bad. He says that republican government addresses tyranny of the majority problem in 2 ways: -Representation dilutes factious spirit, because to get elected, politicians have to modify and diversify their views. So, Madison's "size principle" says up to a point, the larger and more diverse the constituency, the more diluted the inflence of any faction on the preferences of the representative. A legislature composed of representatives from districts with diverse factional interests is unlikely to allow one faction to dominate over many minority factions. -Second, unlike direct democracy, a republic can encompass a large population and territory. Diversity and size of a country pose a collective action problem for factions. Impossible transaction costs for them. Madison had shown that a strong federal government would be less susceptible to the influence of factions -A large republic puts serious transaction costs on representatives of factions in maintaining a majority coalition. -As nation has grown, this essay has gained prominence. -Growth strengthens the republic. -This Madisonian view of democracy is often refered to as: PLURALISM: political system where all significant social interests freely compete for influence over the gov's policy decisions. -Welcomes society's many interests and says that the interests most affected by public policy will have the greatest say in what that policy will be. -Madison realized that as a country grows, it will need a strong executive. He was right. President has more responsibility now. FEDERALIST 51: Explains that checks and balances are necessary to prevent majority tyranny He said that no constitutional contrivances can place APPOINTIVE offices on an equal footing with ELECTIVE offices Bicameralism is meant to weaken the legislature's capacity to act impulsively, but it could still overpower the other branches. -Madison takes comfort in presidential veto. Also known that state governments can protect the people, somewhat. -At convention, Madison has wanted ultimate authority in popularly elected national legislature, so why does he want to constrain it now? -He was trying to appeal to people who were on the fence of the constitution by showing the legislature would be too weak to dominate the country. -Many modern thinkers disagree with this, and say that it is overdoing it to have pluralism of competing interests AND separation of powers with checks on each other. Said the result is a contry frusterated by some minority function. Said other democracies thrived by allowing majorities to function. -Framers wanted a balance of power between different government institutions, and wanted trade-offs between transaction and conformity costs.

Amending the Constitution

AMENDING THE CONSTITUTION is easier than amending the articles, when unanimous consent of all states was required. -Framers wanted to make it easier, but still not in easy reach of popular majority. -So, they put heavy transaction costs on changing the constitution. -Delegates from small states insisted on endorsement of amendments by a large number of states, while nationalists argued the Constitution derived legitimacy directly from the citizenry, and that citizens alone should approve any change. -Delegates accepted parts of both proposals. So, today, this is how you PROPOSE and RATIFY an amendment. PROCESS FOR AMENDING THE CONSTITUTION: Stage 1: PROPOSAL: 1. 2/3 vote of both houses of Congress. OR 2. Constitutional convention called by Congress on petition/application of 2/3 of the 50 states. Stage 2: RATIFICATION: 3. 3/4 of the 50 state legislatures OR 4. 3/4 of special constitutional conventions called by the 50 states! 1 to 3 has been used for all amendments but the 21st 1 to 4 was used only for the 21st amendment (repeal of prohibition: ending prohibition of alcohol) 2 to 3, and 2 to 4 has never been used -Since ratification, constitution has been amended 27 times -6 amendments (including equal rights) sent to the states but didn't win -Each year, dozens of amendments are proposed in Congress, but don't get sent to states -Delegates decided 9/13 states would suffice to ratify the constitution -Ratification authority was taken away from state legislatures, and given to elective special conventions. -At the close of the Convention, only 3 delegates refused to sign the constitution. -Others had left early or refused to participate (ex. Patrick Henry and Richard Henry Lee) -Over the next year, every state (except Rhode Island for a while) elected delegates to state conventions that proceeded to dissect the constitution and ponder it. -It was a time of political debate -All southern states except North Carolina supported constitution after finding it had no antislavery laws -Small farmers, struck by property taxes and declining market after war, had the sympathy of state legislatures (they knew that even though things were bad, the state legislatures sympathized for them). So, they were suspicious of shifting fiscal policy to the national government. -farmers failed to see that they would benefit by shifting public finance away from property taxes and toward import duties. -Some northeast merchants who foresaw this lobbied delegates to oppose ratification.

What was Madison very afraid of?

An arbitrary (random) majority taking over. He was afraid of tyranny of the majority, particularly of factions.

America's First Constitution: Articles of Confederation

America's First Constitution: Articles of Confederation -Over next several weeks after Declaration was adopted, they drafted and sent to new states for ratification THE ARTICLES OF CONFEDERATION: compact among 13 states forming basis of 1st national gov of US 1777-1788. Not ratified until 1781, but served as de facto constitution during intervening war years. -Under articles, no pres and no judiciary. Each of 13 states was represented in unicameral legislature!!!! -nat gov couldn't collect taxes. Only state gov. -No amendments ever got passed. -Treaties could be made, though, allowing gov to take northwest land away from Native Americans -Nation was in debt from war. States had to impose taxes individualy. -Shays's Rebellion: uprising against the state gov's effort to tax people and their trades. Proved the Articles had to go. -Thomas Jefferson liked Shay's Rebellion. -So, leaders met to make constitution -Hamilton wanted pres and Senate to serve life terms -Implemented representative (not direct) democracy -VA Plan wanted congress representation according to the state's pop. Bicameral plan. -2 plans combined in Great Compromise - gives us House (with # proportionate to each state pop) and Senate (2 from every state) -House members: 2 year term -Senate: 6 year term with 1/3 up for election every 2 year cycle -House was designed to be more responsive to the people -Slave owning states wanted slaves to be counted as people, so their states would have representation. Debate was solved in 3/5 compromise. -Constitution also put Separation of Powers and Checks and Balances -Legislature can make laws and president can veto them -Also put Federalism: idea that gov authority rests in both national and state gov. -Most powers (health, security, morals) are left to states -Electors in Electoral College have right to elect pres who didn't win popular vote. -9/13 states needed to ratify constitution. Jay, Madison, and Hamilton wrote "The Federalist" papers to persuade people. -Antifederalists were mostly poorer, farm people. Thought small, local gov was more responsive to the people. First constitution (Articles) created a CONFEDERATION: states or regional govs retain ultimate authority, except for powers they delegate to a central gov. -Decentralized. -National gov gets limited authority from states, not from the people -States select officials for national gov, and have authority to override gov's decisions -Each state received 1 vote in newfound congress -Major laws needed 9/13 states' votes. (Nothing ever got done). -More fundamental changes (ex. direct taxation) need unanimous agreement to ammend the Articles. -No executive branch or judiciary!! -Delegates knew people would have high collective action costs. In Declaring Independence, the nation thrust responsibility for supplying public goods (ex. defense and commercial markets) that Britain had provided under home rule -Delegates who had pressed the hardest for independance were the ones who favored a confederation!! -In war, states became responsible for recruiting military -National military command (answers to congress) assumes responsibility for organizing state regiments into a single fighting force. -Congress given role of coordinator. -Congress was empowered to borrow money through bonds, but lack of taxation authority made bonds risky!! -John Adams wanted Congress to select all officers. He also wanted to dilute executive powers. -Collective action problems: free riding, and prisoner's dilemma: reluctance of states to contribute, for fear that the other states would hold back. -State congressional committees were tasked to form armies, and were unsuccessful. -Congress responded by decentralizing authority even further. They passed resolutions instructing states to supply their troops directly. The idea had the merit of converting a public good (military supplies) into a private good. But the actual practice was a nightmare. -Pressure mounted for cobgress to assume greater authority to conduct war. Military commanders were passionate about it. George Washington wanted an "entirely new plan." Hamilton urged congress to grasp the emergency authority in the articles! Without complete sovereignty (supreme power and autonomy) that comes with an independent revenue, congress couldn't conduct war. -State officials were trapped in prisoner's dilemma: prepared to sacrifice for the war, but only if they were confident that the other states would do their part. -In 1780, many pro-national authority state officials won elections. -By summer 1780, some states were taking direct action. -Northern states met at Hartford Convention, to urge congress to grant itself the power to tax. Delegates realized some states would only cooperate under the threat of coercion. -It was hard for Congress to get this authority, because of Articles. -Executive offices had no authority. -Tide turned after France agreed to lend Americans had currency. -Army was fed, clothed, and armed. -Presented Britain with conflict. -1781 British troops defeated at Yorktown, VA. -In victory, momentum for political reform was lost. -American leaders speculated about possibility of Britain reasserting authority over barely united states. -Nation debt was huge. Mainly, owed the army. Washington urged Congress not to mess with the army. -Debts to Britain negotiated in peace settlement and loans from European govs and private interests had to be repaid. -Congress held the debt, but states controlled the strings. -With no enforcement, states had prisoner's dilemma: no states would contribute its share of revenue so long as it suspected 1 or more of other states might not meet its obligations. -Congress proposed articles amendment giving national gov a source of direct revenue in the form of import duties. New York (a port city) killed it. -NATIONALISTS: constitutional reformers led by Madiison and Hamilton to replace Articles. Opposed by states' rights proponents, nationalists favored strong national legislature elected directly by citizenry, rather than by the states, AND a national gov that can veto any state law. -Trade problems occured, because matters of commerce were left to the states. -Economic relations among states were also unsatisfactory. -States with international ports charged exporter states with user fees. -Each state minted its own currency. Some states inflated them. Exhcnage rates fluctuated across states. -Nation's creditors wanted go to be able to pay off its debts. -Importers and mercantile class needed a sound currency. -The need for central authority to manage a common market called for the Articles revision. -State representatives showed up at Constitutional Convention 1787, due to events like SHAY'S REBELLION: Daniel Shays, former captain in consitutitonal army and bankrupt MA farmer, protested state high taxtes and aggressive debt collection policies. Demonstrated weakness of the Articles. -In economic depression following the Revolution, many small farmers lost their land and assets. -When states convened in PA during Shay's Rebellion, congress couldn't get compliance among the states, or offer troops money. -Massachusetts state militia stopped the rebellion. -There were other uprisings too. Farmers were burning down public buildings. -State legislatures started to cave in under pressure from constituencies. -James Madison of VA wrote to Jefferson in Paris. -Madison's discomfort with arbitrary (random) majority guided his efforts through the constitutional convention!!! -Shay's Rebellion threatened to sweep the country into anarchy. -No matter how persuasive Hamilton, Washington, and other nationalists were, it was Shays that sent delegates to Philedelphia Convention. -States moved toward unification out of fundamental concern with self preservation. -Delegates from all states except Rhode Island showed up.

Madison was the...

Father of the constitution

Home Rule

Pre independence: Britain couldn't govern from so far away anyway. HOME RULE: given by a nation to a locality to enact legislation and manage its own affairs locally. Applies to Britain ceding responsibility to the colonies to manage domestic affairs, like taxing. Britain was fine with it. Britain just wanted to control America's foreign commerce, giving itself a market for goods.

Advice and Consent

Senate can reject Presidential judge appointments.

Quorum

The minimum number of members who must be present for business to be conducted in House (majority of House)

Council of Revision

Under Madison's VA plan, the only check on legislative branch is the Council of Revision (executive and judicial branch), who are elected BY the legislature. So, ineffective. Plus, legislature can veto council, with a majority vote.

Popular Sovereignty

citizens' delegation of authority to their agents in gov, with the ability to rescind their authorty.

Lecture Notes

· Constitution: a body of fundamental principles or established precedents according to which a state or organization is acknowledged to be governed. · Colonists came to new world for many reasons: escape from religious persecution, escape from class or economic strata/servitude. (Class System: Born into poverty, stay in poverty). (ex. Thomas Paine: born into poverty). -Mayflower Compact: set of rules the pilgrims established. Their original constitution. · Character of "new" colonists was to determine the political culture of America · Colonists were also very independent -separated by an ocean from colonial gov -relatively distant relationship with government for 140 years -Georgia was a penal/debtor colony. Prisoners would come there to learn trades to work and pay off their debts. · Every colony had a legislature -VA House of Burgesses was the first one created · Had governors (appointed by the king), but also had charters/entrepreneurs who would ask to start a colony (ex. Maryland, created by an entrepreneur who wanted a place for Catholic immigrants) · There was not much interaction between the colonies · Britain retained strict import/export controls on the Colonies. · Policies were difficult and costly to enforce, and the colonists often ignored them -Without strict enforcement, there will be free riding and prisoner's dilemma · About 1/3 of Britain GDP was gained through its interaction with the colonies (raw materials were sent and sold their, and Britain imported products from the colonies) · Governor had a good amount of power, but the legislature also exercised some power over the governor! Governors did work with the colonists (they lived there, they wanted a good life). · Colonists accepted trade regulation and no involvement in international affairs, but they retained Home Rule: each colony had the right to levy their own taxes. · This agreement was put to test by French and Indian War fought 1755-1760 on American Soil. Britain spent a lot of money there. -War was fought over land. France and Britain both wanted access to lands between Allegheny Mountains and Mississippi River. By the end of the war, land was divided: some for British, some for French. British agreed there would be no more expansion into Native American territory westward. (Still, British technically won and got the land it wanted. AND, the colonies ignored the Treaty of Paris and continued to expand westward). -British did not have the resources to defend the colonists as they did this. -And the British had to pay existing debts related to the war. Colonists wanted Britain to defend them against Native Americans as they continued to expand westward, but Britain needed to tax them to get money to defend them. They had already taxed their own citizens A LOT (ex. Stamp Act was enacted in Britain before it was enacted in colonies). -This led to a number of "Acts" that taxed the colonists. Parliament's Actions: Sugar Act 1764 -Taxed sugar, wine, and coffee Stamp Act 1765 -Required purchase of stamps for all documents (ex. newspapers, magazines, etc) Mutiny Act 1765 (Mutiny and Quartering Act): required colonies to house British troops. Put high punishments for anyone who spoke ill of the crown or acted out of mutiny. Townshend Acts 1767: imposed tariffs on all colonial imports including tea. Coercive Acts 1764: complete blockade of harbor until restitution (return) was made for the Boston tea party. Many British troops came in. Colonists Actions: 1765 Sons of Liberty (created by Samuel Adams and Patrick Henry) 1765 Stamp Act Congress (first official meeting of the colonies coming together) Protest in 1770 Boston Massacre - 5 colonists were killed. John Adams supported colony soldiers. Boston Tea Party - East Indian Trade Company was given a monopoly. Was the lowest duty, made them the cheapest tea. Forced colonists to buy their tea. It was only distributed to British loyalists, so if you bought or sold it, you would seem like you were loyal to the crown. 1st Continental Congress 1774: tried to figure out how to resolve the conflict with Britain. A few months later, the shot heard around the world. -Lexington and Concord. Refers to first shot heard at Concord, beginning Revolutionary War. 2nd Continental Congress 1775: Declaration written by Jefferson 1776 Declaration of Independence written. Also, Resolution of Independence introduced by Richard Henry Lee. He also said that a Form should be sent to the colonies. So a delegate from each colony was chosen to sit on a committee to make the Form of the Confederation -Samuel Adams, Josiah Bartlett, John Dickinson (chair), Gwinnett, Joseph Hughes, Stephen Hopkins, Robert R. Livingston, Thomas McKean, Thomas Nelson, Edward Rutledge, Roger Sherman, Francis Hochinson, and Thomas Stone. -John Dickinson outlined the document. -So, draft of Articles of Confederation and Perpetual Union was written by Dickinson. Presented and read to congress. He was absent when it was read because he was called into Continental Army -Ratification took time because of disagreements between states, particularly over control of western lands, and other disputes. Maryland was one of the last holdouts. -Articles, when ratified, created a loose confederation of independent states that gave limited powers to a central government. -March 1, 1781: Articles became operative for all 13 colonies. 1781-1788 -During this, states were putting together their own governments Under Articles: -Single house of congress (unicameral) -Each state had one vote -Congress had the power to: Set up postal department Carry out collective activity on behalf of the states Estimate the cost of government and request "donations" from the states Develop an armed forces Control the development of western territories With consent of 9/13 states, could coin, borrow, and appropriate money (but couldn't levy taxes). With consent of 9/13 states, could declare war and enter into treaties and alliances with foreign nations. Articles were the first constitution of US. Were written by a committee of the 2nd continental congress. War ended 1783 In Articles: No independent executive No veto of legislation Judicial proceedings in each state were to be honored by all other states. No judicial branch. Only judicial authority given to Congress was to "arbitrate" disputes between the states. Congress denied the power to levy taxes. Government to be financed from donations from the states based on the value of each state's lands. Any amendment to the articles required the unanimous approval of all 13 states. Delegates to congress were to be appointed by state legislatures. During first 6 years under the Articles, Congress asked the states for 12 million, but received only 3 million: not even enough to pay the interest on Revolutionary War debts. Georgia and North Carolina contributed no money at all to the national treasury between 1781-1786. By 1786, the national government was so desperate for funds they sold the navy's shops and had fewer than 1,000 soldiers in uniform. Could not control public disorder: Shay's Rebellion. SHOWED THE NATIONAL GOVERNMENT IS WEAK AND THE ARTICLES HAVE TO GO. In Shays Rebellion, when Massechussetts gov asked the federal gov to send money and troops to stop rebellion, they couldn't. So, a wealthy individual payed for a private group of mercenaries to come and squash the rebellion. Weak National Government: -Forbidden interference with the states' commerce policy thus could not shape a national economy. -States imposed trade barriers. -Some printed their own money. (The State Pound and Spanish milled dollar). -Several laid claim to western lands. -PA and VA argued and fought with each other over land dispute. -Vermont threatened to annex itself to Canada. -NY and NJ imposed duties for goods crossing their borders Five Major Failures of Articles: -No power to tax -No authority to regulate commerce. Economy was in shambles. -No executive to administer the government -No judicial system to resolve disputes among the states -No strong central government Transaction costs were just too high. Nothing could get done. Had authority to declare war, make treaties, borrow money, etc. But didn't really have the power to do these things. Most believed that the Articles needed to be repaired or replaces. Proponents for both solutions. 1786 Virginia 1st revise the Articles. First state to ratify the articles became the first state to suggest they needed revision. Meeting Annapolis, Maryland. Focus: national government and commerce. Few participants Shays' Rebellion followed. Constitutional Convention 1787 Philadelphia 1787 55 Delegates -Experienced in war -Conversant in political philosophy and science -Age of Reason -Concepts of science and behavior Most wanted to resolve the commercial conflicts among themselves, and amend the Articles Few (Madison) wanted to scrap the Articles Madison: "Vices of the political system of the United States." (a pamphlet) Prequel to the Virginia plan. Virginia Plan: Led by Madison and his team At convention, it was introduced by Edmund Randolph -shifted the focus from revision to change Echoing, Madison's Vices of April 1787, he itemized 5 reasons why the Articles must be ratically altered. "It does not provide against foreign attacks." "It does not secure Harmony to the States." "It is incapable of producing certain blessings to the states." "It cannot defend itself against encroachments." (Without and within) "It is not superior to state constitutions." Its centerpiece was a BICAMERAL LEGISLATURE. -Members of the lower chamber appointed among the states by population. -lower chamber directly elected by the people -Lower chamber would elect members of the upper chamber from lists generated by the state legislatures. National government could: -make whatever laws it deemed appropriate -veto any state laws it regarded as unfit If a state failed its legal obligation: -national government can use military force against it This was a tactical error. It inflamed the opposition. Many said the legislature is too powerful Madison's Check: The Council of Revision. -Executive and judges -Chosen by legislature -Simple majority of Congress to veto Opposition grew toward the Virginia plan from 2 directions: -Less populous states -States' rights delegates -Some say that Charles Pickney introduced the Virginia Plan first, but there is no official document of this. New Jersey Plan: 2 groups: an alternative proposed by New Jersey delegate William Paterson Quick creation Components: -equal representation in unicameral congress -opposed slavery -wanted 3 branches of government: legislative, executive (chosen by congress), and a judiciary (executive would appoint justices of the court) -Wanted checks and balances -Wanted national government to have the power to levy taxes and import duties and regulate trade -State laws should be inferior to national legislation -BUT, it failed to process the organization of an INDEPENDENT executive (chosen by congress) and a judiciary (Supreme Tribunal appointed by executive; serve with good behavior - suggests life terms). -Hamilton offered a plan too, called the British Plan. Unlike Jefferson, Hamilton disagreed with giving more power to the common people. His plan was similar to the British Monarchy and Parliament. Wanted to do away with state sovereignty. Plan featured a bicameral legislature. Lower house: assembly: elected by the people for 3 terms. Upper house: Senate: elected by electors chosen by the people for a lifetime of service. Executive (elected by electors) would be called the GOVERNOR. He called for a life term of service. He would have absolute veto of bills. Judiciary had life term. State legislatures appointed by national government. Very centralized, very monarchy-like. So delegates said no. Neither the Virginia nor the New Jersey plan created independent branches for the executive and judiciary. So no checks and balances. Neither plan could get a majority to pass. Great Compromise: There was a stalemate So, a committee was appointed to resolve conflict Solomon-like resolution Each side got one of the 2 legislative chambers fashioned to its preference Bicameral legislation won out, but facets of the NJ plan were added Upper chamber (Senate) -composed of 2 delegates sent from each state legislature -serve 6 year term Madison's population-based, elected legislature became the House of Representatives Unanimous agreement rule of the states in order to change the Articles was gone: New proposal and ratification of Amendments to the Articles required a supermajority. (And supermajority 9/13 states required to ratify constitution) Replaced supermajority to pass legislation under Articles with a rule allowing a majority of the membership to pass legislation under the new Constitution. (Transaction costs were lessened, but still stayed pretty high so things would work out). Article 1, Section 8 extended the authority of the national legislature Commerce Clause Necessary and Proper Clause Madison was interested in a genuine separation of powers between the branches, and was interested in each side exercising checks and balances over the others. Significant in Madison's formulation of the executive and judiciary as independent institutions. -some of Madison's logic involved understanding human behavior Talk of the legislative branch took up most of the convention (viewed as the centerpiece) Designing the Executive -Preferences ranged from Hamilton's executive elected for life, to the existing model of state governors, to very limited powers -Hamilton was an anglophile -Delegates wanted the respected, silent Washington to be president. Would get up early in morning and tour DC with his slaves. But how would the executive be selected? Convoluted concept of the electoral college evolved The Electoral College tries to mix: state, congressional, and popular participation in the election process. Each state = as many electors as it has members of the House and Senate The Constitution left states to decide how electors are selected Expected statewide elections. Not every state did that. (some are appointed by state legislature). Today, if any candidate fails to receive an absolute majority (270) of the 538 votes, the election is thrown into the House (top 3 candidates are the options, each state gets one vote, a majority is necessary) It used to be that the candidate with the 2nd most votes would be Vice President. 1796-1800: John Adams pres. Thomas Jefferson VP. They hated each other. 1800 election showed flaws of Electoral College now that parties were forming. Jefferson and Burr were running as a ticket Adams and Charles Pickney were running as a ticket They talked to the Electoral College members Adams and Pickney had one electoral college member cast a vote for John Jay, not so that he would win, but because with this organization, if Adams won, Pickney would be the VP (with one vote for Jay instead of Pickney, giving Adams 1 more vote than Pickney). Jefferson and Burr were going to win the top 2 amounts of electoral college votes. Burr was ambitious and gained support. But then Hamilton stepped in. Hamilton hated Jefferson, but hated Burr even more. Hamilton persuaded one elector to cast a vote elsewhere, and Jefferson became president, and Burr became VP. So, we got 12th amendment a year later. 12th amendment: made votes for president and vice president tallied as a ticket (not side by side). Madison and Hamilton largely succeeded in fashioning an independent executive by: -giving president ability to veto legislation -requiring a supermajority of each house to override veto -but the framers also checked the executive's power in numerous ways Designing Judiciary -Comparatively little time designing federal judiciary -They did debate over 2 questions: -Who would appoint Supreme Court Justices? -And should a network of lower federal courts be created or should state courts handle all cases until they reach the federal court? What were the pragmatic (practical) results of their debate? -Appointment and confirmation proceedings -Lower federal courts to be determined by congress The concept of Judicial Review (ability to declare acts unconstitutional) -never quite resolved -Hamilton and others argued the Constitution implicitly provides for judicial review -Madison did not believe an unelected branch should have such authority Amending the Constitution: -Futility of amending the Articles reminded them to make it a little easier to amend constitution, but still hard (transaction costs high) -Framers found a more flexible route for amendment -Methods incorporated in part the desires of both the state's rights and nationalist delegates -Result of compromise -2 ways to propose and 2 ways to ratify (see quizlet) "Ratification of the Conventions of 9 states, shall be sufficient for the Establishment of this Constitution." This statement did 2 important things: -Removed unanimous assent rule of Articles -Withdrew authority from the state legislatures (State Conventions would ratify Constitution, not State legislatures) Debate all over the country between Federalists and Antifederalists Antifederalists argued: only local democracy could approach true democracy -a country large and diverse could not be ruled by a single set of laws -strong national government = tyranny/some faction taking over Madison made a strategic move -introduced the amendments that would protect individual rights Reason the Bill of Rights was included almost immediately after ratification Minority and majority factions -controlled in different ways Democracy does not allow minorities to dominate The problem lies with majorities Direct democracy would allow for majority usurpation of minority rights Federalist 10, Madison says: A representative government would: -Dilute factious spirit -Negate the ability of potential majorities to attempt any form of collusion Federalist 51, Madison talks about: -separation of powers -checks and balances -they could defend the integrity of their offices -because we have election and reelection, ambition is made to counteract ambition... -This argument reassured those worried about a tyrannical government taking form Philosophy and reason underlie the constitution, but many of the constitution's provisions have no theoretical rational. They are simply hammered out of products of compromise. How can a principal determine whether its agents are faithful? -Many options require a lot of time and effort -Whistle blowers, monitors/inspectors American Revolution in near-collapse 1780 -Forces had shrunk. General Benedict Arnold switched sides. -Problems stemmed from unfit commanders and unwilling troops -STATES WERE FREE RIDING (agreed to provide provisions but didn't do so in a timely fashion) Continental Congress: -lacked decision making authority -decisions had to be approved by all state govs -could not get supplies to troops Additional support and money came from France. Helped end war 1781 Battle of Yorktown, ended war officially 1783. British appointed governors, judges, and colonial councils, but their pay was tied to the assemblies, and they had to accommodate popular opinion When British started taxing colonies after French-Indian war, they were VIOLATING HOME RULE Most aggressive challenge to home rule: Stamp Act After Restraining and Coercive acts, colonies met in Philadelphia 1774 for FIRST CONTINENTAL CONGRESS. By time of 2nd continental congress, war had broken up. Congress would need to become national gov for war. Instructed the conventions to reconstitute themselves as state governments. -Using their former colonial governments as models, most states adopted bicameral legislatures and all created governorships, with limited authority due to difficult relations with royal governors. (To this day, persisting anti-executive bias). 2nd Continental Congress issued nation's first bond and established national currency. June 1776: VA delegate Richard Henry Lee calls for creation of new nation separate from Britain Articles transferred power from the Continental Congress straight to the new, permanent congress. Articles Provisions: -Major laws: (ex. taxes and constitutional change): supermajority (9/13 states) -More fundamental changes (ex. amendments) required unanimous agreement -No executive or judiciary Delegates sought to replicate home rule they had lost. (States tax themselves). America's 2nd Constitution: Some Philosophical Thinkers: John Locke: popular sovereignty -citizen's delegation of authority to their agents in gov, with the ability to rescind that authority Isaac Newton: laws of physical relations De Montesquieu: limited gov, powerful idea that best gov can be designed David Hume: competition among contending interests James Madison as a political philosopher: Vices of the Political System of the United States VA Plan more closely resembled parliamentary gov than what the current gov had been: national gov could make whatever laws it deemed appropriate, veto state laws, and use military force against states (high conformity costs for states) NJ plan perpetuated the composition and selection of Congress the same way it functioned under Articles, but it did giv congress power to tax -Plural executive -On petition of a majority of states, executive can be removed by the legislature State legislatures could corrupt all institutions (because they select members of Senate). So, A NEED FOR INSULATION. Separation of powers. Judiciary has jurisdiction of resolving disputes between states and national level Explicit judicial review over states is clearly stated in supremacy clause. Many argue the Judiciary has implicit national judicial review Since ratification, Constitution has been amended 27 times -In every instance Congress initiated the process -In all but one case, the state legislatures did the ratifying 6 amendments sent to states but failed to win needed number of endorsements Recent example of failed proposed amendments: Restriction of marriage to only between a man and woman -ensuring God is included in Pledge of Allegiance -Providing a mechanism for congress to replenish its membership should more than a quarter of its members be killed Federalists: rhetoric of nationalism Antifederalists: rhetoric of states rights Federalist papers written by Hamilton (wrote the most), Madison (wrote the best), and Jay (who wrote 5); wrote under the pseudonym "Publius" According to most historians, actual impact of Federalist essays was negligible; positions were grounded in economic and other self interests and were not likely to be shifted by abstract arguments. Madison argues that direct democracy would allow for majority usurpation of minority rights However, a representative government would dilute factious spirit and negate the ability of potential majorities to attempt any form of collusion Constitution mostly born out of political necessity, not theoretical rationale A government controlled by popular majority is less likely to engage in tyranny. Madison: you must first enable the government to control the governed; and in the next place oblige it to control itself. 1788: 2nd constitution came. First Presidential Election. Under articles: Some very important decisions required all 13 states (like amending the Articles). Most decisions required 9/13 supermajority. Things never got done. Congress could declare war, conduct foreign affairs, make treaties. Could coin money, but couldn't tax. Biggest accomplishment of gov under articles was the Northwest Ordinance of 1787: set up a process to make 5 new states in northwest. States imposed taxes/tariffs on themselves. Shays Rebellion. Poor people/farmers were mad and couldn't pay their state taxes. Rich people were also mad because without tax revenue, they were unlikely to get paid back. Great Compromise was brokered by Connecticut Robert Sherman Most powers (especially health, security, morals) are left to the states

Slavery And Commercial Policy

1/6 of Americans were in bondage Slavery was important in many delegates' private calculations at convention Madison postpones issues of how to count slaves, but it came back Southern delegates insisted they be counted as people to gain more House seats. Taxes were also assigned to states based on population. Then, 3/5 compromise. Southern delegates insisted on 2 guarantees: 1. Unrestricted right to keep importing slaves. -delegates of northern states (most had outlawed slavery) preferred to leave the issue to future government. -in the end, a ban on regulation of slave trade put in until 1808. Total ban on slave imports went into effect 1808. 2. Northern states must return runaway slaves to their masters. Proposal passed. New England delegates wanted change so the nation could conduct a commercial policy South delegates wanted things to stay same. Additional government controls would lead to taxes and regulations on their agricultural imports to Europe. If national government insisted that exports travel on US ships, ports in the northeast would gain at the south's expense. South wanted a supermajority of 2/3 to be required to give national government commercial authority. Because then, the south would never let it happen. Northern delegates valued strong commercial policy even more than they valued antislavery. South felt more strongly about keeping slavery than about avoiding costly shipping for themselves. C: strong commercial policy c: no commercial policy S: proslavery s: antislavery North preferences: Cs > CS > cs > cS South preferences: cS > CS > cs > Cs With each side's favorite preference opposed by the other end, frustration mounted. Compromise solution was CS: strong commercial language and proslavery Compromise was a classic LOGROLL. Delegates engaged in vote trading. Each side conceded its less important choice to win its most important preference. Each side had fear that the other side would renege Logrolling is found in legislatures everywhere South Carolina and Georgia were inflexible on the idea of outlawing slavery. Still under the Articles, their threat to refuse to ratify the constitution was credible, so the north have in. LOGROLL: result of legislative vote trading. 2 sides swap support for dissimilar policies. ex. Legislators from urban districts vote for agriculture bill provided that legislators from rural districts vote for the transit bill. Article 1 section 8 allows congress to regulate commerce and tax imports with a simple majority vote.

Designing the Judicial Branch And Foreign Policy/Trade

Convention spent little time making judiciary Constitution gives Supreme Court final jurisdiction in resolving issues between state and national levels of gov -SUPREMACY CLAUSE: Article 4: national laws take precedence over state laws -First Congress chose to create a lower federal court system (instead of only having Supreme Court) in JUDICIARY ACT 1789 -JUDICIAL REVIEW: authority of a court to declare legislative and executive acts unconstitutional -Supremacy clause establishes court's authority to review state laws, but there is no formal language giving authority over federal laws -But, many people (ex. Hamilton) claimed the constitution implicitly provides for Judicial Review -Madison protested the idea of an unelected branch to have the final say in lawmaking -but. He was a litigant in Marbury vs Madison 1803, where Court laid claim to authority to strike down legislation it deemed unconstitutional -Framers intended to make states surrender some autonomy to national government, to eliminate free riding and reneging -Foreign Policy: trade and foreign policy is ere at the top of the list of federal-state issues. After the revolutionary war, states engaged in competition for commerce. Farmers put foreign policy under administration of president and giving congress authority to regulate commerce. Farmers put common defense and security responsibility on national government. Forbids states from entering foreign alliance/treaty, having military in peacetime, or engaging in war unless invaded -INTERSTATE COMMERCE: states cannot enter agreements without congress consent, tax imports or exports, print money not backed by gold or silver, or make laws prejudicial to citizens of other states. -Federal government would assume debt the states collected in war, protect the states from invasions, and guarantee republican institutions for the states These provisions are less well known, but have been successful Trade laws preventing states from interfering with trade established a common market Other trade/business provisions: -preventing government from passing laws impairing private contracts -mandating that national government create bankruptcy and patent laws

Drafting a New Constitution

Drafting a New Constitution: -Enlightenment period (advancing science and scholars) influenced natural laws governing economics, politics, morality. -Order of importance in constitution: Legislature, then Executive, then Judicial. -House can impeach president, and then Senate (with 2/3 vote) can remove him. -Advice and Consent: Senate can reject Presidential judge appointments. -Congress can override a pres vdeto with 2/3 votes in both houses. -Congress can impeach and remove judges. -Pres can carry out laws. -Judiciary has the least checks on the others! But, it can declare laws unconstitutional, and can declare executive acts unconstitutional. -Framers listened to John Locke, who defended the idea of POPULAR SOVEREIGNTY: citizens' delegation of authority to their agents in gov, with the ability to rescind their authorty. Jefferson used Locke's logic. -Locke stresses individual rights and limited scope of gov authority. -Isaac Newton influenced the wording of the constitution - ideas of force and balance. -French Philosopher Charles Baron de Montesquieu- liked limited gov - limited in authority and size of political community it encompasses. -So, advocates of small republics (not advocates of strong federal gov) used his logic. -Madison used arguments of David Hume and Adam Smith - politics is a competition among competing interests. -James Madison philosophy essay - "Vices of the Political System of the United States" - associated the confederation's failure to the prisoner's dilemma in faulty institutions. -Sensing Madison's attempts to destroy Articles, Patrick Henry refused to join the delegation in PA. -Deleware and Rhode Island were suspicious of the meeting. -Madison wanted something close to a parliamentary gov. He was okay with high conformity costs on the states in the VA plan. -Centerpiece of VA Plan was bicameral legislature. Lower chamber elected by the people, higher chamber elected by lower chamber, and lower chamber would elect judiciary and executive. -State legislatures would nominate Senators. -Under VA plan, fed gov can make any laws and veto any state laws. -Fed gov can summon military force against the states. -This caused opposition to VA plan. -Under Madison's VA plan, the only check on legislative branch is the Council of Revision (executive and judicial branch), who are elected BY the legislature. So, ineffective. Plus, legislature can veto council, with a majority vote. -Many small states wanted strong safeguards of state sovereignty. -STATES RIGHTS - advocates supported retaining features of Articles that guarded state perogatives, like equal representation of each state. -They wanted all states to have participation in the selection of national officeholders. -New Jersey delegate William Paterson proposed New Jersey Plan - favored by delegates who supported states rights. Unicameral. Similar legislature powers as in articles. -Not as thoroughly thought out as Madison's propsal. -Gave congress authority to force states to comply with tax requisitions. -Also allowed simple majority to enact national policy, rather than Supermajority, like in Articles. -Eliminated Confederation's objectionable parts. -But, it had congress represent the states, not the citizenry, so nationalists hated it. -In the pla, plural executive can be removed by legislature, with majority. -In the plan, courts approved by executive. -Supreme Court hears appeals in a limited # of cases. In deciding between these 2 plans, Congress had to send out a reccommendation to a chosen committee. Madison wasn't put in the committee. GREAT COMPROMISE: -Authority to levy taxes and originate revenue legislation is reserved to lower chamber (House). -2 chamber legislature. Senate: equal representation. House: representation based on state pop. -Now, states are ignored as voting entities, empowering a majority of each chamber's membership to pass legislation. -Now, legislature can declare war, maintain an army and navy, and borrow money. COMMERCE CLAUSE: gives congress authority to regulate commerce with other nations and among states NECESSARY AND PROPER CLAUSE: last clause of Article 1, Section 8 of constitution. Gives CONGRESS the authority to make all laws that are necessary and proper, and execute those laws. -This left the door open for a major expansion of congress's legislative power, and the nationalization of public policy during the 20th century. -This led to certain laws regulating guns, kidnapping, agriculture, etc. -The Great Compromise propsal won. Opposition came from nationalists. They didn't like that though the Senate, majority of states could prevail (because senate was still elected by state legislatures until this was amended after civil war). But it was the best deal they could get. For the time being, representation in congress was shared by states and people!!!! -Later, during the Civil War, Supremacy of national gov over the states was decided. -Senators have been elected directly by voters since the 17th amendment of 1913. -Despite this new reality, Senate (an insittition embodying the initial logic of states rights) persists. Once in place, an insitutiton tends to survive long after circumstances that fashioned it have changed! -Everyone except Madison accepted the compromise!!!!! -Madison made a new plan, different from his VA plan. He wanted Separation of Powers and Checks and Balances (ex. presidential veto, Senate approval of presidential appointments, judicial review of presidential and congress actions). -Madison knew that state legislatures could corrupt the Senate and the entire gov, through Congress's power to select officers of other branches -His solution - make pres and judiciary independent so that states cannot worsen policy through the senate -System of checks and balances originated by De Montesquieu, who argued institutions should be separate. -Senate confirms all fed judges nominated by pres. -Congress can impeach fed judges, set size of supreme court and the jurisdiction (power to make decisions) of lower courts, and determine judicial salaries and budgets -Congress passes leglislation, controls fedral budget, can override pres veto, and can impeach (house) and remove (senate) the pres -Senate confirms TOP EXECUTIVE BRANCH APPOINTMENTS -Senate ratifies treaties -Hamilton showed greatest enthusiasm for strengthened independent executive. -Framers weren't enthusiastic about an active president -They despised the world's kings -Jefferson thought the office was a nonentity. -People knew the president should be the dignified, silent George Washington. -To make a limited executive branch, first, framers limited the scope of responsibilities, particularly his command authority. -TAKE CARE CLAUSE: Article 2 Section 3. states that president should take care that laws are executed -Unlike the Congress's expansive NECESSARY AND PROPER CLAUSE with a long list of implied responsibilities, this mandate is not attached to any specific duty. -Executive can appoint officers to fill vacancies in the executive department, appoint ambassadors, NEGOTIATE (but not ratify. Senate does this) treaties, serve as commander in chief of army and navy, and report to congress on the state of the nation -2nd, design attached a legislative check/veto to each presidential duty. -Senate confirms appointments and ratifies treaties with 2/3. -Only Congress can declare war. -SUPERMAJORITY: majority larger than normal 51% majority. Required for extraordinary legislative action like amending constitution, stopping filibuster, or (with 2/3) overriding presidential veto -President cannot make policy or appropriate funds for programs except as allowed in public laws. -Some constitution revisions have been made since then, delegating more domestic policy responsibility to the white house. -Makers of the constitution were less concerned with individuals' rights. More concerned with institutions. So, women weren't mentioned. -Included words like "citizen" instead of "he," so women were not technically left out. -At first, womens suffrage movements focused on marriage, and then on politics. -19th amendment gives women right to vote, ratified 1920. In reality, in modern life, president takes an important role in foreign policy! Military actions rarely actually begin with congress declaring war Constitution's general wording is unrealistic for modern war. In some cases, federal courts have resolved military issues when congress hadn't declared war. Constitution has gaps. Much uncertainty occurs with subjects that Article 2's creation of presidency failed to resolve. GREAT COMPROMISE: agreement between large and small states and constitutional convention 1787 about composition of congress. House was to be chosen in direct popular vote, and Senate selected by state legislatures. -Then, Consitutional Convention worked out the most complex, convuluted rules of the constitution: ELECTORAL COLLEGE: body of electors in each state, chosen by voters, who formally elect president of US. Each state's number of electoral votes equals its representation in Congress. DC has 3 votes. Absolute majority of total electoral vote is required in order to elect a president and VP. -In 2 of the last 5 elections, candidate who won the electoral college majority failed to win even a plurality of the popular vote. -Bush and Trump: their popularity votes were distributed in a fashion to maximize their electoral votes. Each state has as many electors as it has members in House and Senate. -Constitution wasn't specific, but it expected states to have statewide elections to choose electors. -If any candidate fails to receive absolute majority (270/538 votes in electoral college), election goes to House, which chooses from among 3 candidates who received most electoral votes. In House, each state gets 1 vote, and majority is required. -Until 12th amendment (running mate), votes for president and VP were tallied side by side, resulting in a VP candidate almost winning the presidency in 1800. -Meaning originally, the VP was the person who got the 2nd most electoral votes. -If no VP candidate gets majority by electoral college, it goes to Senate.

Some powers of executive branch

Executive can appoint officers to fill vacancies in the executive department, appoint ambassadors, NEGOTIATE (but not ratify. Senate does this) treaties, serve as commander in chief of army and navy, and report to congress on the state of the nation

Federalists and Antifederalists

Federalists: name given to 2 related, but not identical, groups in the late 18th century America. 1st group, led by Hamilton and Madison: supported ratification of the Constitution in 1787 and 1788. 2nd group, let by Hamilton and John Adams: Federalist Party, which dominated politics during the administration of Washington and Adams (1789-1801). Antifederalists: loosely organized group (never formed a political party) that opposed the constitution ratification. Believed it would jeopardize individual freedom and states rights. After ratification, efforts of Antifederalists led to the adoption of the first 10 amendments, The Bill of Rights. -Names of these 2 groups were kind of misleading. Antifederalists were more protective of state prerogatives, as the term "federalist" implies. -Madison and colleagues appreciated state loyalties, and claimed that the constitution provided a true federal system, making ratification supporters: federalists. -This label put their opponents at a disadvantage in public relations campaign. -Federalists prevailed and are considered the nation's founders, but some patriots were antifederalists - Patrick Henry, Richard Henry Lee, George Mason, James Monroe (5th president), Sam Adams, George Clinton -Antifederalists argued: -only local democracy could approach true democracy -argued US was already too large and diverse for a single set of laws -argued for a national government to have safeguards against tyranny -said the constitution needed a Bill of Rights: a familiar feature in most state constitutions -Madison and others argued the Bill of Rights was unnecessary. This argument worked better at the convention than it did at public campaign. -Jefferson wrote Madison from France that individual rights were too important to be left to inference. -Madison announced that at first congress under the new constitution, he'd introduce a bill of rights as constitutional amendments. -By 1791, constitution had it

Framers' Tool Kit

Framers' Tool Kit: COMMAND: Authority to dictate others' actions: ex. President commander in chief authority. VETO: Authority to stop an action: ex. presidential veto, judicial review, senate confirmation of presidential appointments AGENDA CONTROL: authority to place proposals before others for their decision, and preventing proposals from being considered: ex. Congress presenting enrolled bill to the president. Or congressional committee recommendation to full chamber. VOTING RULES: rules prescribing who votes and minimum number of votes required to accept a proposal/elect a candidate: ex. Supreme court decisions, selection of speaker in the House, Electoral College DELEGATION: Authority to assign an agent responsibility to act on your behalf: ex. Representation, bureacracy COMMAND: unlike the others, command is unilateral. one actor imposes a policy, cutting through coordination and prisoner's dilemma. Imposes huge conformity costs, but reduces transaction costs. Command rarely used in Constitution. Only provision that comes close is president as commander in chief of army and navy, because military needs to be efficient. President sometimes uses EXECUTIVE ORDER, which is unilateral, but this is different because judiciary can rescind the order when it decides that president action exceded the office's implicit executive authority. VETO: unilateral, allowing possessor to impose his views regardless of others' preferences. But, it preserves status quo (prevents change). Can be overridden with 2/3 vote in both houses. Presidential veto is the only one expicitely statd in the constitution, but constitution implicitely creates other ones. Both houses hold a veto over legislation, because both must agree to a legislation before it is sent to president. Judicial review also a type of veto. Greater number of veto holders: higher transaction costs, so, with its many vetoes, America is considered very conservative. AGENDA CONTROL: right of an actor to set choices for others. ex. Political parties nominate candidates who define choices available to voters on election day. Has both positive and negative influence over collective decisions. -ex. of strong agenda control: presidential veto. He exercises a power and others do not. -ex. of weak agenda control: state governors can reduce but not incease spending in an appropriation bill sent to them by state legislature. -Agenda setter proposes a course of action, leaving other participants the more limited authority to accept or reject it. He LIMITS the choices available to the collectivity. -SENATE: proposal rights are universal. -HOUSE: much more limited. -This can have consequences. ex. Clinton's impeachment. Many in House wanted a softer punishment (ex. censure), but Republicans held Agenda Control to decide the only proposal would be impeachment. So, everyone had to choose between limited options: impeachment or nothing. They impeached him. -House leaders have a lot of power and bear heavy conformity costs because otherwise, transaction costs would be huge. House is huge (435 members), so nothing could get done if everyone had a right to offer a bill anytime like in the Senate. -Congress gives the president agenda authority as FAST-TRACK AUTHORITY- impermanent power granted by congress to president to negotiate international trade agreements. Congress limits itself to either approve or disapprove what the president works out. If it does neither by a certain time, the president's proposal becomes law. VOTING RULES: Rules prescribing who votes, and the minimum number of votes required to accept a proposal or elect a candidate. -Most prominent option in classical democratic theory is MAJORITY RULE: principle that decisions should reflect the preferences of more than half of those voting. Usually this term refers to SIMPLE MAJORITY: majority of 50% plus 1. -ALL VOTES COUNT THE SAME, so when disagreements arise, the more widely shared preferences should prevail -There is no magic balance between transaction and conformity costs -It is just one constitutional rule midway between dictatorship and consensus -Separation of powers and checks and balances make it hard for majorities to take charge Senate: Motion: Passage of ordinary bills and amendments Voting rule: simple majority of members present and voting Motion: Rule 22 (cloture to set time limit on debate) Voting rule: 3/5 of full senate Motion: veto override Voting rule: 2/3 of members present and voting Motion: Unanimous consent to take up legislation out of turn Voting rule: Agreement of all members present MAJORITY RULE is only used in a few instances Almost all popular vote elections require the winner to recieve a PLURALITY: candidate with the most votes wins Majority of electoral college required to elect president, and a quorum, majority of House, must be present before House can conduct business Constitution leaves it up to the states to specify rules electing members of Congress, and states have almost always prefered plurality rule. Other places in constitution require supermajorities. ex. If president vetoes a bill, 2/3 of House and Senate must vote to override. Also, 3/4 of states must agree to amend constitution: huge transaction cost. DELEGATION: Delegation: one person/body authorizing another perform an action on its behalf. ex. Congress often delegates authority to president or administrative agencies to decide details of a policy. -ex. we delegate powers to electors. -ex. House delegates power to leaders, and to standing committees (subset of members to draft legislation), to control transaction costs. -PRINCIPALS (someone with decision-making authority) may delegate their authority to agents, who then exercise it on behalf of the principals. -every spring, millions of Americans hire agents to fill their tax forms and save them money -President hires agents to monitor the administration's interests within the bureacracy on Capitol hill Delegation is complicated and necessary for legislation, because expertise are sometimes needed. Majorities sometimes want to delegate decisions. ex. Congress delegated the power to prevent TV stations from interfering with each other's signals to 5 experts in Federal Communications Commission. Congress still retains authority to pass new laws that could override commission's decisions. Almost all ENFORCING authority (key to solving many prisoner's dilemma) involves delegation to a policing agent. Principal runs risk that its agents will use their authority to serve their own rather than the principal's interest. AGENCY LOSS: discrepancy between what a principal would ideally like its agents to do and what they actualy do. Principals want to pay agents as little as possible. Agents want compensation. -ex. Shirking/slacking off- agents in legislature might attend to their own businesses rather than to the public's, nod off in meetings, or be bribed. -people who desire a seat in government may hire an agent to help them. Happens when members of congress aren't serving constituents well (ex. missing role call votes). How does government (principal) avoid being cheated by the agent to avoid agency loss? -becoming more educated about the topic -getting 2nd opinion -whistle blower laws reward bureacracy members who report disloyalty -Government can create agencies to inspect and monitor agents When principals provide agencts with coercive authority to ward off external threats or minimize free riding, agent may turn against the principal. When this happens, institutions meant to minimize transaction costs end up with high conformity costs. -Some agents - police, army, IRS, etc. Conclusion: (back to Madison's time) States could no longer ignore the national government, now Over the next decades, although some state politicians would threaten to secede/nullify objectionable federal laws, none reached crisis until Civil War 1861 With union win in civil war, central government was finally achieved But, nationalization remained limited (especially for civil rights and civil liberties).

France's defeat

France's defeat (1763) ended its hopes for colonization of America. Britain was broke and decided to impose taxes on colonies. Also began to violate home rule. -ex. Stamp Act imposed tax on all printed materials. -Americans had payed taxes before, but they'd been self imposed. -Colonists wanted to assert home rule. -Colonial Assembly agreed to condemn the tax, but couldn't agree on a course of action. -Organized resistance of ordinary citizens was more successful. -England made more taxes to weaken colonial assemblies. -Americans countered by boycotting British products and forming protest orgs. ex. Sons and daughters of liberty and militant Committees of Correspondence. Vigilantism and public demonstration overshadowed assembly resolution. -Most famous demonstration was Boston Tea Party. -Britain responded wit Restraining Acts and Coercive Acts, closing port of Boston to commerce, dissolve MA assembly, decree that British troops stay in Americans homes. -Boston resistance leader Samual Adams assembled with other leaders in PA for 1st continental congress. -They condemned British taxes and administration decrees. Franklin union plan didn't get put in. -Adopted Declaration of American rights, reasserting home rule, and endorsement of agreement to ban trade with Britain until it rescinded its taxes. -Also enforced boycott against free-riding by hiring "committees of observation" to spy on treasonable conversations. -These committees provided a base for state conventions. -Conventions became "de facto governments." Collected taxes, raised militias, passed laws forbidding judiciary from enforcing British decrees, selected delegates for 2nd Continental Congress 1775. -2nd Continental Congress acted as a national gov. War had broken out at Lexington and Concord. -Congress instructed the Conventions to reconstitute themselves as state governments based on Republican principles. Bicameral (2 chamber) Legislature: US Congress and every state legislature except Nebraska is bicameral -Most states adopted bicameral legislatures, and all created governorships -For the time being, states limited the authority of American executives, because there were still royal governors -Issued nation's 1st bonds and established a national currency. Bond: gov debt security. Gov can borrow and spend money. -Authorized George Washington to expand shrinking Massechussetts militia into a full fledged army. -Congress didn't consider separation from England at first. -Discussed throughout the country, though. -1776 Thomas Paine published "Common Sense," moving independence issue to center stage. -Americans also used John Locke's idea of basic rights: life, liberty, property. This requires a social contract with citizens. -Leaders finally gathered to write Declaration. Thomas Jefferson was primary author. Said everyone has right to life, liberty, and pursuit of happiness. Didn't give rights to all men, though. -Citizenry anticipation of separation was realized when VA delegate Richard Henry Lee called for creation of new nation separate from Britain. -Jefferson, a lawyer, was asked to draft resolution of separation. Didn't want to at first, but then agreed. He was skillful at writing. He believed in democratic values and wisdom of common people. -Rationale for throwing off British rule rested in fundamental right of self gov. -DECLARATION OF INDEPENDENCE: document drafted by Thomas Jefferson and adopted by 2nd continental congress July 4, 1776, declaring independence of 13 colonies -List of grievances was changed by his colleagues. -Jefferson's accusation of Britain for introducing slavery in colonies offended slave-owning southern delegates. So this grievance was stricken down. -July 4, 2nd continental congress officially accepted document.

Congress has the ________ clause with many implied powers, whereas the president only has the _______ clause.

Necessary and Proper Take Care

Incumbent

Someone currently holding office

Supermajority

majority larger than normal 51% majority. Required for extraordinary legislative action like amending constitution, stopping filibuster, or (with 2/3) overriding presidential veto