American heritage exam 2
Election of 1800
Jefferson and Burr each received 73 votes in the Electoral College, so the House of Representatives had to decide the outcome. The House chose Jefferson as President and Burr as Vice President. "Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things." "We are all Republicans, we are all Federalists."
the founding
Key elements of the founding 1. Declaration of independence 2. Market economic system 3. 2 party politics 4. Structure and the constitution 5. Consent 6. Separation of powers 7. Checks and balances 8. Federalism 9. Bill of rights the problem - none of these key elements was able to prevent war - War is "an extension of politics by other means." ~ Carl von Clausewitz slavery - Slaves were a profitable investment. - Slaves were highly productive. - With the cotton gin, slavery and cotton production expanded. - By 1860, 4 million slaves - 75% involved in cotton production The growth of slavery follows the growth of cotton The southern way of life - Southerners began to argue that slavery was the key to their way of life. - Aristocratic society based on honor, gallantry, and glory. - EX: Gone with the Wind Evolving arguments - Some argued that slavery was not a necessary evil, but a positive good. - They appealed to ... (1) History (2) Science (3) Religion (4) Economics
Lysander Spooner, "No Treason"
Sorda anti-slavery Antislavery but cool with secession. Even though it's not okay to have slaves, secession is justified because they do not consent to how they were being governed. Similar to Thoreau in civil disobedience (slavery was wrong) and Locke's ideas After the civil war, republicans accused leaders of the confederacy of treason and Spooner argues that secession was consistent with the Constitution and requirement of free government - "....That our government was a free one; that it rested on consent. But nothing of that kind can be said now" - REMEMBER: John Locke and his idea of government having power because of the consent of the people - Spooner says it is no longer applicable because the South did not give their consent - Consent has to be voluntary "What is negro equality....? It means, as understood by honest Republicans, just this much, and no more: every man, no matter what his race or color; every earthly being who has an immortal soul, has an equal right to justice, honesty, and fair play with every other man; and the law should secure him these rights" - Pro equality
The Gettysburg Address
The Gettysburg Address is a speech by U.S. President Abraham Lincoln, one of the best-known in American history. Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth. Gettysburg: the beginning of the end - The South needs to change the war. It knows it cannot win a war of attrition. - It invades the North. The Union army shadows the Confederate Army. - Union army keeps itself between the Confederate army and Washington, D.C. - The two armies meet almost unexpectedly in a little Pennsylvania town. Battle at little round top - Note how a pivotal battle hinges on the bravery and valor of a few men at a critical juncture of the war. - Union victory at Gettysburg marks the "high water mark" of the Confederacy. Never again would the Confederate States of America seriously challenge the North for supremacy. Abraham lincoln - Over the course of the war, Lincoln develops a clearer vision of the moral connections between the Declaration, the Constitution, and the Union Lincoln and the founding documents - Lincoln brings the Constitution and the Declaration together. - Uses the power of the Constitution to realize the ideals of the Declaration. Lincoln says the Civil war is not just a fight to save the union, but it is about bringing equality to all of its citizens, Lincoln connected the sacrifices of the war to a new birth of freedom
Jacksonian Democracy: characteristics
The Jacksonian era (1829-1841) included many reforms: free public schools, more women's rights, better working conditions in factories, and the rise of the Abolition movement. In the election, Jackson was portrayed as a common man and his opponent, J.Q. Adams, was attacked for his aristocratic principles. Electors in the electorial college were also chosen by popular vote. Common man, nationalism, National Nominating Conventions. - Closer to the people - Believed that it was not just up to the elite to lead government but rather all citizens. Anyone could run for public office. - They held public gatherings and changed the atmosphere from a greek debate to a football game. - Attacked the powers of the federal government and enforced the powers of the states.
Jamelle Bouie, "Why Juneteenth Matters"
- celebration of the day slaves were liberated - elimination of slavery was largely the product of slaves - slaves resistance from the beginning laid the foundation for society and government to catch up with the ideals of freedom and equality - slaves did it themselves and society caught up - "slaves freed the slaves"
Amendments 13-15
13. FREE slaves 14. Defines CITIZENS 15. Gives citizens right to VOTES
The Bill of Rights (Amendments 1-10 of the Constitution,
1. (5 elements) Freedom of speech, religion, assembly, press, petition: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." 2. Right to bear arms 3. No quartering act: times of piece they cannot put soldiers in your house: "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law." (3rd Amendment) 4. Searches and seizures 5. (5 elements) (DJ: double jeopardy) No Double jeopardy: cannot be convicted for the same crime. (SI: self incrimination) You have the right to remain silent and no self incrimination. (GJ: Grand jury) A grand jury can decide if your case goes to court. (ED: eminent domain) Eminent domain: government cannot take your property. (DP: due process) Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement. Apply the law equally 6. Right to a counsel 7. Civil case and right to a jury 8. No cruel and unusual punishment and no exercises I've bails or fines 9. Just because a right isn't written down, it does not mean its not there 10. Actions not in federal government goes to states How are rights protected? The constitution and rights - "The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS." Alexander Hamilton, Federalist #84 How the constitution protects rights - Provisions that protect rights by protecting against arbitrary government (1) Impeachment power (2) Writ of habeas corpus (3) No ex post facto laws (4) No bills of attainder (5) No titles of nobility (6) Right to trial by jury Origin of rights "The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam in the whole volume of human nature, by the hand of divinity itself; and can never be erased or obscured by mortal power." ~ Alexander Hamilton Madison's concerns about a bill of rights 1. Rights are protected by the fact that the limited powers of the federal government are granted and controlled by the people. - "The rights in question are reserved by the manner in which the federal powers are granted." (James Madison) - "For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?" (Alexander Hamilton, Federalist #84) 2. Listing the rights may narrow them in ways that are worrisome. - "There is great reason to fear that a positive declaration of some of the most essential rights could not be obtained in the requisite latitude." (James Madison) 3. Federalism creates unique incentive for both the states and the national government to hold each other accountable for protecting rights. - The two levels of government will check each other because each wants the affections of the people. 4. Lists of rights have not proven to be effective in the states. - "Experience proves the inefficiency of a bill of rights on those occasions when its control is most needed. Repeated violations of these parchment barriers have been committed by overbearing majorities in every State." (James Madison) Two ways of stating rights (1) Broadly: ABSTRACT AND GENERAL: All people have a right to fair treatment. - narrow rights in sufficiently cover potential problems - easier to get agreement - sometimes a ringing declaration is necessary - expresses exceptional importance: "great Oughts" - Conflicts: broad rights are likely to collide with other rights and values - Conflict: Inclusion: Example using the first amendment, no way to protect some religion without protecting all of it. What counts as religion? - Conflict: interpretation: what exactly is the meaning of the right? (2) Narrowly: CONCRETE AND SPECIFIC: BYU students, presently registered, in good standing, if they reasonably believe that they are being treated unfairly by the institution, have the right to a hearing of their complaint by an arbitration panel consisting of one professor, one student, and one person from outside the university. - clearer interpretation - easier to enforce 11. State governments cannot sue state governments 12. Electoral college and how to calculate who wins (they have to have a majority of the electoral college,if not it goes to the house of reps. How the president or how the Vice President are voted (they are voted together) 13. Free slaves 14. Defines citizens 15. Gives citizens right to vote
Summary
1. Design of government must be able to account for human nature. 2. You cannot count on the virtue of citizens and politicians to make government work. 3. The American republic would require a much stronger set of institutions if it were going to survive. 4. The constitution is a series of compromises on key issues surrounding how to govern and who should govern 5. Decisions about issues like the form of representation or the division of sovereignty have a profound effect on the way government works 6. Federalist vision of political society vs Anti-federalist vision 7. The power to interpret the Constitution is a substantial power. 8. While Anti-Federalists worried about the power of judges, many Federalists argued that judges were still constrained and well-positioned to interpret impartially. 9. Broadly drafted passages of the Constitution raise important questions about how judges should go about the task of interpretation. 10. The purpose of the constitution was to protect basic rights 11. Disputes occurred among the founders about the necessity for a bill of rights 12. The structures of the Constitution are themselves a protection of rights 13. Tensions naturally exist between narrowly constructed rights and broadly construed rights and about the limits of broadly constructed rights 14. Parties are critical to our constitutional system 15. the 2 parties in the US have their origins in ancient debates about the role of the people 16. Single-member districts with winner-take-all rules often result in a 2-party system 17. Traditionally, parties have been rewarded by being "big tents" that include different perspectives on society, but..... 18. The founders had a vision for the kind of people who should become president. The structure of the office and the method of selection were meant to fulfill that vision 19. Has it worked out as Hamilton hoped it would? Is the method of selection "at least excellent"? 20. How has democratization changed the nature of presidential elections and our expectations for politics? 21. The South argues that slavery has important economic and moral benefits. 22. The Southern argument spreads and develops into a larger set of differences between North and South. 23. Constitutional structures fail to resolve those differences. 24. Neither the Supreme Court nor a presidential election could solve the conflict 25. The civic virtue of ordinary people ultimately preserves the union 26. The meaning of the war changes over time 27. The country and its political institutions emerge from the war in a very different state Summary: the American model 1. Given the fear of factions and the constitutional design to control them, the dominant theme in American politics is conflict. 2. Conflict between the branches of government 3. Conflict between the political parties that dominate our political culture. 4. Conflict between the states and the national government. 5. The American model assumes conflict can be channeled and controlled, not eliminated. With the right institutions, the common good may emerge from the conflict. 6. But controlling conflict may also require some level of civic virtue (statesmanship)
George Washington, "Farewell Address"
Advised the United States to avoid "accumulating debt", forming political parties, and to stay "neutral in its relations with other nations" - advised the nation to stay as one cohesive unit and to not form divisions between citizens or factions - warned against the formation of political parties - warned against getting into international problems and staying out of foreign trouble.
Preamble and the Seven Articles of the United States Constitution
Before the Constitution (road to philadelphia) February 21, 1787: Continental Congress resolves that: "...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation ..." The Philadelphia Convention 1. May 14 - First meeting, but no quorum present 2. May 25 - September 17, 1787 55 delegates from 12 states 55 Delegates Two main camps: (1) Broadly nationalist camp that favored strong central government (2) Group of advocates for the states who feared centralized power Key rules 1. Secrecy 2. One vote per state 3. Washington presides Key Issues of the Convention 1. Representation: What relationship between the national government and the people? 2. Federalism: What relationship between the states and the national government? 3. Executive: What kind of chief officer and how selected? 4. Slavery: How to accommodate the "peculiar institution"? The virginia plan (VA plan) by Edmund Randolph - National legislature with 2 houses - 1st House: Elected by the people, representation proportional to population - 2nd House: Elected by the 1st House - National executive chosen by the legislature for one 5 year term - National judiciary chosen by the legislature - "Council of revision": - Executive and judiciary could review and veto national and state laws - Sovereignty in the nation Arguments against the VA plan - Violated official purpose: "for the sole and express purpose of revising the Articles of Confederation" - Violated state sovereignty - Violated "small state" theory of republics/democracies - Government must remain close to the people - Citizens must share similar values/preferences The New Jersey plan (NJ plan) by William Paterson - Congress largely the same as under the Articles (1) Unicameral (2) Equal state representation - National executive (1) Could be a council (2) Single term, subject to recall by state governors - Judiciary (1) Lifetime terms of service - Retained State Sovereignty (1) Laws set by Congress took precedence over state law, but ... (2) States still very powerful Representation Equal representation for each state vs representation weighted by population argument for states - states have unique interests as states; these state interest must be represented equally argument for weighting by population - the great diversity of interests must be represented; individual interests should be represented equally Resolved plan (1) virginia plan - correct weaknesses of central government under articles - bicameral legislature based on population - house of rep (lower house) - representation based on population (2) The New Jersey plan - protect the sovereignty of the small states - unicameral legislature with equal representation - senate (upper house) - equal representation The great compromise (by roger Sherman) - 2 legislative bodies - house of representative representing the people as individuals - senate representing the state Today (1) house of representatives - Representation by population - A strong electoral connection between the representative and the people - Frequent and direct elections - Every two years - Smaller districts - In 1790 each legislator represented about 30,000 people. Today each House member represents more than 700,000 people. "...the House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people." ~ James Madison, Federalist #57 Today (2) The senate - Representation by state - A weaker electoral connection between the representative and the people - Senators run every six years, instead of every two years. - Indirect election - Until 1913—with the passage of the 17th amendment—Senators were elected by the state legislatures. - Two senators per state means large and diverse constituencies for most senators. Key insight - the structure of representation matters! - different forms of representation can lead to different outcomes and send different signals about public opinion - different schemes of representation favor different interests Federalism - sovereignty is divided between the states and the nation Federalism: vertical division of power State: crime, property rights, education, domestic order, local commerce national: defense, diplomacy, foreign trade, interstate commerce Constitutionalism: - The idea that the Constitution is a permanent document that was not intended to be easily amended, especially by simple acts of the legislature. - If the Constitution is the higher law, it takes precedence over any ordinary laws passed by the legislature. - It is inconsistent to talk about a supreme law that can be amended by simple ordinary law. LEJSASR 1st article: legislative - longest - certain powers - checks - veto powers, impeachment - the principle mission is to make laws - bicameral: the house of representative and the senate - military - The Veto Power Article I, Section 7, Clause 2: Legislation is a legislative power, and the veto allows the President to share in that power. - Gives the President power to resist acts of Congress - Makes the Congress have to think about presidential preferences - Impeachment: (1) Article I, Section 2: "The House of Representatives ... shall have the sole Power of Impeachment." (2) Article I, Section 3: "The Senate shall have the sole Power to try all Impeachments.... Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." 2nd article: executive - second longest - certain powers - checks - how president gets impeached - impeachment: Article II, Section 4: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." 3rd article: judicial - shortest - certain powers - checks - federal court system (judges are appointed for life) 4th article: states - relationship between states and federal government - duty of federal government 5th article: amendments - Future generations can amend the Constitution if society so requires it - both the states and Congress have the power to initiate the amendment process 6th article: supremacy - sets the status of the constitution as the supreme law of the land, to which leaders must be loyal - supremacy clause: constitution has the ultimate power - "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ... shall be the supreme Law of the Land ..." 7th article: ratification - constitution will take effect f 9/13 states ratify it - JUDICIAL REVIEW IS NOT FOUND IN THE CONSTITUTION Constitutional failures? 1. Madison's Large Republic - Each region develops a separate identity, lifestyle, political and economic morality, and sense of destiny - south was worried because tyranny of the Northern majority 2. Federalism - lingering question: what happens if there's a deep conflict over sovereignty? - North: keep the union together - Lincoln: "I hold that, in contemplation of universal law and of the Constitution, the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments." - South: National government is ignoring states' rights and trampling on the "true" Constitution. - John C. Calhoun: "The [Constitutional] Convention meant to leave slavery in the States as they found it, entirely under the authority and control of the States themselves." - "The character of the Government has been changed ... from a federal republic, as it originally came from the hands of its framers, into a great national consolidated democracy." 3. Separation of Powers/Checks and Balances - Sectionalism meant that the South had no confidence in constitutional structures. - John C. Calhoun: "The North has acquired a decided ascendancy over every department of this Government, and through it a control over all the powers of the system." - Calhoun's "concurrent majority": "Give to each division or interest, through its appropriate organ, either a concurrent voice in making and executing the laws, or a veto on their execution." - Southerners did have considerable power in both the Senate and the Supreme Court. - Checks and balances resulted in gridlock. 4. Political Process - 1854 - Kansas-Nebraska Act - Stephen Douglas - Popular sovereignty: Allow each state to vote on slavery - bleeding Kansas: violence and disruption from partisans on both sides 5. The Supreme Court - Dred Scott v. Sanford (Sandford) - Chief Justice Roger Taney - Dred Scott is not a citizen of the United States. - Blacks "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States." - "On the contrary, they were at that time considered as a subordinate and inferior class of beings." - The writers of the Declaration of Independence "perfectly understood the meaning of the language they used, and how it would be understood by others; and they knew that it would not in any part of the civilized world be supposed to embrace the negro race, which, by common consent, had been excluded from civilized Governments and the family of nations, and doomed to slavery." - Dred Scott decision: Dred Scott is not free. - Simply going to a free territory or free state does not make you free. - Congress has no power to outlaw slavery in the territories. - Slavery is allowed by the Constitution, and slaveowners' property rights must be respected in all territories. 6. The Presidency - Until 1860, most presidents still relied heavily on Southern support - the election of 1860 did not mean victory for a centrist candidate - Moderate candidates: John Bell (constitutional Union Party, nor firm stand on slavery, must keep union together), Stephen A. Douglass (northern democrat, Popular sovereignty: Let the states decide), More Extreme candidates: John C. Beckinridge (southern Democrat, preserve the union with slavery), Abraham Lincoln (Republican, preserve the union but gradually abolish slavery, nation cannot survive half-slave and half-free) - Abraham Lincoln: "All the political sentiments I entertain have been drawn, so far as I have been able to draw them, from the sentiments which originated in and were given to the world from this Hall. I have never had a feeling, politically, that did not spring from the sentiments embodied in the Declaration of Independence." - Alexander Stephens response in his flash card!!! ("Our new government is founded.... truth....")
Electoral college
Hamilton - "The mode of appointment of the chief magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure...I...hesitate not to affirm that if the manner of it be not perfect, it is at least excellent." ~ Alexander Hamilton, Federalist #68 Madison Because "the final arrangement of it took place in the latter stage of the Session, it was not exempt from a degree of the hurrying influence produced by fatigue and impatience in all such Bodies: tho' the degree was much less than usually prevails in them." ~ James Madison Electoral college as a compromise - electors chosen by each state - number of electors in each state = the sum of senators and representatives from the state - states determine the electors - must have a majority of electors to be elected - if no majority, the House of Representatives decides, with each state receiving 1 vote Who are electors - The Constitution says that "no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector." (Article II sec. 1) - Most of these individuals are prominent citizens, state elected officials, or party workers How do States choose electors - "Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the state may be entitled in Congress." (Article II sec. 1) - State legislatures therefore choose the manner of selecting electors. - All states now choose electors through direct election. - But this was not always the case. - In early years, electors were chosen by the state legislature in many states Can states bind their electors? Yes! - Chiafalo v. Washington and the case of faithless electors Voting president - on Election Day, you actually vote for electors, not the presidential candidates How should states allocate their electoral votes? - most choose a winner-take-all system that gives all the electors to the candidate with a plurality of voters in the state - MAINE and NEBRASKA are exceptions Criticisms of the Electoral college 1. Electors do not typically exercise independent judgment: States can require them to vote the way the state election results direct. 2. Popular vs. Electoral Winners - 5 times the candidate with the greatest number of popular votes has lost - 1824, 1876, 1888, 2000, 2016 3. Unequal representation - The vote of a Wyoming resident is worth 4 times the vote of a California resident 4. Uneven campaign Democratization - moving government and politics closer to the people - extension of the right to vote - removal of filters of consent - appeals to the masses during election
John Adams "thoughts on Government"
Move power "from the many to a few of the most wise and good ..." - The legislature should represent all interests in the polity - "It should be in miniature an exact portrait of the people at large." - But legislative power should be divided (bicameral) - An executive with veto power, but elected annually - An independent judiciary, with lifetime appointments
Abraham Lincoln, "Second Inaugural Address"
With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations. - the war came and happened, the war was the price to pay for the sin of slavery - Lincoln also spoke on mutual forgiveness of the north and the south
The Federalist Papers
Written by John Jay the second federalist paper main goal was to influence voters to ratify the Constitution - described what makes an American an American - why it would be better for Americans to be one nation under one central government (need to be unified) - we are united on the fact that (1) we are divers (2) geography (3) common history of the civil war and we should respect that unity and keep going - let go of the past good connection: crevecoeur How do John Jay and Crevecoeur's views get reflected in two plans of the constitution? - Crev: loyalty to individual (House of Rep/ NJ Plan) - Jay: loyalty to country (Senate/ VA plan), Madison's stronger union
Federalist #51
Written by Madison about structures and institutions or the auxiliary precautions. This addresses the antifederalists concerns about having a big government The nature of the Constitution: Structure of the institutions "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." ~ James Madison, Federalist 51 Goals for institutional structure - keep self- interest in check - mobilize civic virtue (pursue the common good) Why do we need structure/institutions? - "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." Primary Control: The Nature of the Republic - Dependence on the people - Public virtue - Accountability through free elections - Refinement of views through representation - the people are the primary control - no one group can have power (ambitions counteracting ambitions - there needs to be safety nets (auxiliary precautions, checks and balance, separation of powers) to prevent tyranny Use self-interest against itself - "Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place." - The "policy of supplying, by opposite and rival interests, the defect of better motives." How to keep the branches separate - Combine "constitutional means and personal motives" to ... - "Resist encroachments" - Promote cooperation - "[Contrive] the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places." Auxiliary Precautions Rely On ... - Constitutional Means - Mix responsibilities among the branches in the formal Constitution. - Personal Motives - Out of a desire to preserve the Union or to simply keep their own power, people will protect their own institution from incursion. - Remember, structures are auxiliary precautions. - When a particular institution misbehaves, then another institution acts in much the way Terry Tate acts. - Some measure of public virtue (from statesmen and ordinary citizens) is still necessary. The key: structure the branches so they keep each other in their proper places! Tyranny: "The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." Madison, Federalist #47 auxiliary precautions - additional things to control the people's interest when it backfires - different branches of government will keep one another in check - allows government to control people and itself - ambition against ambition - he does believe in virtue but this is the back up plan - Social arrangements that channel human nature so as to produce a more desirable outcome checks and balances - shared - executive needs quick and fast decision making - states and national governments overlap each other - federalism is also in check - example: enumeration of powers (the person who makes the law must make it specific where 3 institution are involved: legislative: writes laws, executive: enforces laws, judicial: interprets laws) and veto powers separation of powers - separation makes/enforces/interprets laws - prevents one from being to powerful - Where the rule-making, rule-interpreting, and rule-enforcement powers are held in different hands. - ∂Remember that Madison argued that the essence of corruption was a situation where a person or institution would be the judge of their own case. - EX: who is in the courts, congress has to make laws and the president has to check them (veto) and the legislature makes laws, executive enforces, and judicial interprets - The paradox: sharing some power is the key to separation of powers - "The Constitution of 1787 is supposed to have created a government of 'separated powers.' It did nothing of the sort. Rather it created a government of separated institutions sharing powers." filters of consent - where the authority comes from - EX: when electing a president, we need an electoral college as a filter between the people and the executive branch as another level of accountability (aristocratic) Judicial is natural and weak and one power is the life term - life terms mean an independent means of power (doing their own thing without gaining power) - Supreme Court checks branches How the Constitution protects rights - The structures of the Constitution are intended to create a limited government, a government that could control itself. - Think Federalist #51! human nature: self interested but government corrupts it: "As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust: So there are other qualities in human nature, which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form." ~ Madison, Federalist #55 "A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."
Charles Sumner, "The Barbarism of Slavery"
anti - slavery "slavery must be resisted not only on political grounds, but on all other grounds, whether social, economical or moral - slavery must be resisted on ALL aspects - focus of morality in the individual vs divine law to which man must submit and a government has to help - not necessarily from god (divine - can be a higher law antislavery in 2 different angles
Thaddeus Stevens, "Speech on the Reconstruction Acts"
anti-slavery "The freedom of a government does not depend upon the quality of its laws, but upon the power that has the right to enact them" - blames the south for war - says that just because slavery is over, it does not mean slaves are free (they need to be citizens, voting rights, education, etc. ( - positive liberty: government SHALL help us (remember the parable of the shepherd and the sheep - reconstruction amendments (13-15) - reconstruction period: the union is getting the southern states back into the union - it is not just that we need to figure out how to integrate the states, but we can't leave these newly freed slaves out to dry/helpless (they need help and we need to figure our the rule about that). positive liberty - freedom of government doesn't depend on the quality of the laws - depends on who has the right to enact the laws
Political Parties
groups that help elect people and shape policies "The spirit of party agitates the community with ill-founded jealousies and false alarms, [and] kindles the animosity of one part against another." ~ George Washington "Political parties created modern democracy and modern democracy is unthinkable save in terms of the parties." ~ E.E. Schattschneider Where do parties come from? - Substantive differences in political ideals and goals - The need to organize and win in politics - Solve collective action problems - Mobilize voters - Organize and facilitate legislative action Party identification - A voter's sense of "psychological attachment" to a party - party labels provide voters with helpful information Party labels help voters organize their perceptions of politics - Parties have reputations - Develop a "brand name" and strive for a record worth defending - Parties simplify the alternatives - Parties frame the question and define the issue - Parties can expand the electorate - Voter registration and mobilization - imagine a legislature without political parties: "If the Constitution were all we had, politicians would be incapable of getting organized to accomplish even routine tasks. Every day, for every bill or compromise, they would have to start from scratch, rounding up hundreds of individual politicians and answering to thousands of squabbling constituencies and millions of voters. By itself, the Constitution is a recipe for chaos." ~ Jonathan Rauch Hamilton v. Jefferson - Pivotal disagreement between two giants with different visions for the country. - U.S. politics then and today revolves around their argument - Shaped precedents that would flesh out Constitution with tradition and practice - The feud helps to determine the qualities of American identity. Jefferson's "republican vision" - Importance of state level politics - Limitation of national power (smaller national gov't) - Narrow interpretation of constitutional powers - Promote agrarian values and the benefits of rural life - Emphasis on independence, frugality, practicality, resourcefulness (think Rome). - Encourage participation in politics of the most virtuous—those closest to the soil. Hamilton's "federalist vision" - Importance of the nation - Expansion of national power . . . strong and united . . . feared in the world - Broad interpretation of constitutional powers - Promote commercial values, integrated society, and the benefits of urban life. - Aristocratic leadership—the "rich and the wellborn." - Suspicious of too much democracy Why only 2 parties? 2 party system - The US has a 2 party system because of 2 important rules (1) winner takes all (2) single member legislative districts winner takes all - whoever gets the most Single-member representative districts - each geographical region elects a single representative, independent of the outcome in other regions properties of the US system (1) Single-member districts: - Divide United States into 435 districts - Each district only gets one representative (2) Winner-take-all: - Seat is awarded to the candidate of the party who receives the most votes in the district. - Parties with fewer votes do not receive a seat. Implication of the 2 party system - you do not win any representation unless you are able to appeal to a broad swath of voters - ideally, the system rewards accommodation and compromise, not splintering parties and middle-of-the-road politics - in the general election, politics titans often work to paint themselves as moderate and their opponents as extreme
Brutus Essays
written by antifederalist in favor of NOT ratifying the constitution brutus 1 - worry about giving a centralized government too much power - difficult to get power back to the states if national government was strong - large republics have never worked in history - representation will be too far removed from the people - executive branch is too powerful and is like a king: court system and the national government becoming too strong and abusing power and worried about giving the national government having power of tax - problem with size: "The territory of the United States is of vast extent; it it now contains near three millions of souls, and is capable of containing much more than ten times that number. Is it practicable for a country, so large and so numerous as they will soon become, to elect a representation, that will speak their sentiments, without their becoming so numerous as to be incapable of transacting public business?" (Brutus No. 1) - "It is natural to a republic to have only a small territory, otherwise it cannot long subsist." (Montesquieu) - small republic argument (1) example of history - Large republics had always failed or become tyrannical - "History furnishes no example of a free republic, any thing like the extent of the United States." (Brutus No. 1) (2) diversity and the common good - Small republics can be united by a commitment to a common good. - In a large republic, we have less in common because ... - we are more diverse, and - we are less likely to associate with individuals from other parts of the republic. - Diversity makes self-government more difficult.: "In a republic, the manners, sentiments, and interests of the people should be similar. If this be not the case, there will be a constant clashing of opinions; and the representatives of one part will be continually striving against those of the other. This will retard the operations of government." (Brutus No. 1) (3) The people and their representatives - In a large republic, the people will not watch over their representatives carefully enough. - In a large republic, representatives will forget the people (the "Potomac Fever" problem): "In so extensive a republic, the great officers of government would soon become above the controul of the people.... It is scarcely possible, in a very large republic, to call them to account for their misconduct, or to prevent their abuse of power." (Brutus No. 1) Anti-federalist concerns - How can we be sure that leaders will be motivated by virtue in a political system with such diversity of interests? - will we be able to recognize virtuous leaders? - Will all the conflict make it harder to recognize virtue? Does judicial review give the judicial branch too much power? - "Those who are to be vested with [judicial power] are to be placed in a situation altogether unprecedented in a free country. They are to be rendered totally independent, both of the people and of the legislature." Brutus 2 - worried about not having a bill of rights - if there's going to be a strong/central government, we have to guarantee rights - protect the individual from the government - elasticity laws (where the government can do what is "necessary and proper") because there needs to be security for property, elections, bails, etc. worried about a state constitution be over run by the federal constitution - "When a building is to be erected which is intended to stand for ages, the foundation should be firmly laid. The constitution proposed to your acceptance, is designed not for yourselves alone, but for generations yet unborn. The principles, therefore, upon which the social compact is founded, ought to have been clearly and precisely stated, and the most express and full declaration of rights to have been made — But on this subject there is almost an entire silence." (Brutus #2) - Because the Constitution gave the national government enormous power, a Bill of Rights is necessary. It is not sufficient to leave the question of a Bill of Rights to the states. - Jefferson was also worried about not having a bill of rights: "I will now add what I do not like. First the omission of a bill of rights providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land ..." "A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference..." human nature: the natural man is good but the government corrupts it
Fisher Ames, "The Mire of Democracy"
"Of all the flattery, the grossest (gross indeed to blasphemy) is, that the voice of the people is the voice of God; that the opinion of a majority like that of the Pope, is infallible." "We are sliding down into the mire of a democracy, which pollutes the morals of the citizens before it swallows up their liberties." The Office of the Presidency Must Be Sufficiently Powerful: Federalist #70 "Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy ..." - describes the ways in which a faction can form - a demagogue can sway public opinion into doing the wrong thing - public opinions sways too easily to be able to make well informed decision - the best way to form a government is to filter the voice of the people through a republic - flattery is dangerous
Election 1824
"corrupt bargain" and backroom deal for JQ Adams to win over Jackson Andrew Jackson - Celebrated (but controversial) military officer - Had a reputation as a rough, brash, violent man who would hold grudges and not abide insults. - Lacked formal education - Slave owner with racist views regarding blacks and native Americans - Definitely not a gentleman John Quincy Adams - Son of Pres. John Adams - Highly educated - Spent considerable time among the European elite - Vast experience and knowledge of government - Opposed to slavery and believed in expansion of civil rights. - Very much a gentleman
Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the Constitution, "Introduction: Origins of the Second Founding"
(1) It is almost like a "founding" of the nation again - REMEMBER: Framers were worried about natural rights (life, liberty, or property) but they left federalism and slavery to future generations - The civil war was discovering these answers; hence, the name "the Second founding" (2) He draws distinctions from different kinds of rights being included in society - Natural rights: First founding was based off of - Civil rights: legal entitlements, legal property, issues of economics and these were not necessarily free in the first founding because women and slaves could not practice this - Political rights: ancient liberty, freedom to participate in politics and society like voting - Social rights: Rights in our personal and business relationships (the ability to associate with the people how we want it)
Thomas Jefferson and James Madison, "Correspondence on a Bill of Rights"
*** Madison's argument on "bill of rights" flash card Jefferson's Response to Madison Madison's list neglects the important role of the judiciary and its ability to serve as independent legal check on the other branches. In addition, ... 1. The new constitution creates a powerful national government. The people need to be protected by abuses of that power, especially by the executive and legislative branches. 2. Even if we cannot list all rights, "let us secure what we can." 3. States will need a declaration of rights in order to hold the federal government to account for the powers it exercises. 4. A bill of rights may not always be the perfect protection, but "it is of great potency always, and rarely inefficacious." James Madison Came to believe that a bill of rights was necessary Had promised the Anti-Federalists Might even be needed
Legacy of secession, war, and reconstruction
- After the war the south lost much of its political power and would not regain what they had lost in the presidency and congress for many years - Many questions still remained unsolved such as whether freed blacks would be granted full equal rights and how they would be able to house and employ so many - Even with constitutional freedom granted many blacks did not gain equal rights. High property and loan interest rates would force them back into poverty and pseudoslavery while many polling restrictions would also be placed on their right to vote - Another question raised was on the validity of the national government. Because the south did not consent to the government and tried to exercise their right to revolution they believed that the government held no power under them because it had broken the social contract ascribed by Locke and Rousseau.
The Supreme Court of the United States, Chiafalo v. Washington
- Chiafalo v. Washington (2020) and the case of the "faithless elector" - States have "far-reaching authority over presidential electors" - "The power to appoint an elector (in any manner) includes power to condition his appointment—that is, to say what the elector must do for the appointment to take effect." - state can force electors to vote the way the state popular vote does in presidential elections - Supreme Court case on faithless electors
James McPherson, "BYU Forum Address
- Isaiah Berlin's positive vs. negative liberty - Negative liberty: "freedom from" Congress shall not ... (1st Amendment) - Positive liberty: "freedom to" Congress shall ... (14th-15th Amendments) The "new birth of freedom" is meant to "move the nation toward an expanded and open-ended concept of positive liberty." Shift during the civil war from negative to positive liberty - Notice the language of the amendments from 1-12 vs 13-15 - For example: the first amendment states "congress shall make no law..." (negative) vs the 14th and 15th amendment "congress shall have power..." (positive) Shift = "new birth of freedom" Positive v Negative liberty - Positive liberty: the freedom and ability to pursue one's goals. Citizens are protected through the Government. "Congress shall have power...." - Negative liberty: the freedom from constraints or the interference of others. First 12 amendments forces congress to "make no law" Lincoln's Parable "We all declare for liberty; but in using the same word we do not all mean the same thing." "The shepherd drives the wolf from the sheep's throat, for which the sheep thanks the shepherd as a liberator, while the wolf denounces him for the same act as the destroyer of liberty, especially as the sheep is a black one. Plainly the sheep and the wolf are not agreed upon a definition of the word liberty..."
Second founding
- New definition of citizenship for all, regardless of race - New understandings of rights tied to citizenship - Implications for equality? - How to deal with racism? - What to do with the nation's traditions of federalism and local control? - Should the federal government play an increased role in defining and protecting the equal rights of all? Post-war amendments - 13th Amendment: prohibits slavery - 14th Amendment: defines citizenship, restricts states from violating the rights of citizens, and extends the equal protection of the laws to all - 15th Amendment: connects the right to vote directly to citizenship Use the power of the national government to protect the rights of citizens.
J. Hector St. John de Crevecoeur, "Letters from an American Farmer"
- Point of view of an American farmer writing a letter to a friend in England even though Crevecoeur is from France - What it means to be an American - focuses on the similarities: no class distinction, upward mobility, Americans take on new ideas and leave behind old, "Stamping on them the symbol of adoption; they receive ample rewards for their labors" - focuses on hard work - to be an American means to take on new ideas and leave behind old "United by the silken bands of mild government nonrestrictive" - The government is light and just it gives everybody the opportunity to be a citizen - You can pursue a life without instructions from the sorts of institutions practically determining who and what each individual is - Without such governments and institutions in the new world, people define themselves - Like the melting pot metaphor - religion: they are religious but won't shove it down your throat (religious tolerance) "most perfect society" - rewarded for your hard work - a "new race" - not ruled by an elite class but by ordinary people - Compared to European cities, American is wide open and clean. He notes and blended European descendants of Americans as having little to no ties to the nations of Europe - Americans are destined to do great things because self-interest runs the economy Human nature: having faith that the natural man will work hard and is good
Jennifer Selin, "How the Constitution's Federalist Framework Is Being Tested by COVID-19"
- The role of the executive has dramatically increased from what the Constitution outlines because citizens look to the leader to solve pressing issues, among other reasons. - Many federal government policies give responsibility to state governments to work out the details and implement that law. State governments, especially the governor can choose if/ how to do this. The President can gain support through the governors rather than party lines.***This section could use more analysis. - Elections are administered in many different ways that makes it hard to regulate. - With so much shared responsibility, it's hard to say who is responsible for bad policy and to vote them out of office.
John Jay, "Federalist Papers"
- Why it would be better for Americans to be one nation under one central government - We are united on the fact that (1) we are diverse, (2) Geography (3) Common history of the civil war and we should respect hat unity and keep going - Focused on how people came from roughly the same place and background (focused on similarities of American people rather than diversity) - letting go of our past - Wanted to dispel the idea that America couldn't come together as one union - Advocated for a bigger federal government in hopes that everyone would be united under one cause - Promoted ratification of Constitution Good connection: Crevecoeur (what it means to be an American)
Andrew Jackson, "Veto of the Bank Bill
- argued for smaller government - the government should not establish a bank - man is not equal and government cannot make them equal, but government shouldn't make it worse
Sojourner Truth, "Ain't I a Woman"
- argues that as a black woman, she does not receive the same courtesies as white women, who are still not considered full citizens - women have been just as essential as men, references Mary and Eve from the Bible as examples
Alexander H. Stephens, "Cornerstone Address"
- argues that he will make a new constitution that says that slaves are inferior - economic argument that slavery is the cornerstone of the south - talks about the bible and morality: he thinks slavery is moral because there is a distinction of poor and rich and Slaves are inherently different - constitution is wrong and the founding fathers were wrong to think that all races were the same "Our new government is founded upon exactly the opposite idea; its foundations are laid, its cornerstone rests upon the great truth, that the negro is not equal to the white man; that slavery — subordination to the superior race — is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth...." - part of the confederacy - exposed true southern motives for the war - to defend slavery and not states' rights of anything else" Slavery is the cornerstone of the south - "sandy foundation" our nation was built on - the idea that races are equal. The Declaration of Independence is wrong
Susan B. Anthony, "Is It a Crime for a Citizen of the United States to Vote?"
- for women, it is not a democracy, but an oligarchy or aristocracy - uses constitution to back up argument - women are people; therefore citizens, therefore have rights - women shouldn't have to wait for an amendment to give them the right to vote, they already have it and just need to exercise it - the government secures the right people, it does not give the rights to the people - connection to John Locke (don't ask, just go and do and assume the right) - Right is natural and inherent, not asking for right we are born with them
Jane Addams, "If Men Were Seeking the Franchise"
- presents hypothetical of matriarchy - presented the argument from men that women can't vote because politics would corrupt them and their vote would be the same as the husband so it wouldn't matter or change, just doubles the votes - why don't men let women vote? Corrupts, will just vote the same as parents, double cote, diminish respect, women don't want to, the highest caliber would not vote - it is invalid to prevent someone to vote (even men)
George Fitzhugh, "Cannibals All! Or, Slaves without Masters"
- pro slavery - economic viewpoints of slavery - slavery is way better than northern "white slave trade" or poor western - slaves are treated better (masters take care of everything) - free labor have to go home and still worry about their families - some people are meant to be ruled over (slaves = superiority over the race) - founding fathers were wrong > all equal is incorrect (nor really consent from all) - white slave trade is worse than black slave trade because black people are not intelligent and they are made to be slaves. - argues for aristocratic rule of the government instead of by consent (argues that those who consent don't know what they are doing) - Northern manufacturers relationship to their workers is much worse than slavery. - Free laborers in the North "are slaves without the rights of slaves." Slaves are "free": "The negro slaves of the South are the happiest, and in some sense, the freest people in the world.... when the labors of the day are over, and free in mind as well as body; for the master provides food, raiment, house, fuel, and everything else necessary to the physical well-being of himself and family." "Masters treat their sick, infant, and helpless slaves well, not only from feeling and affection, but from motives of self-interest." - The interests of labor and capital are brought together - Masters grow to love their slaves because they live so closely together "We do not agree with the authors of the Declaration of Independence, that governments 'derive their just powers from the consent of the governed.' The women, the children, the negroes, and but few of the non-property holders were consulted, or consented to the Revolution, or the governments that ensued from its success...." In the North, "they hold that all men, women, and negroes, and smart children are equals, and entitled to equal rights... The experiment which they will make, we fear, is absurd ..."
Thomas Jefferson, "Kentucky Resolutions"
- states have the power to nullify unconstitutional federal laws - states have right to defend infraction of the Constitution
James Hammond, "Speech to the Senate on Slavery"
- superiority of the south - slavery is better than north and the north can't get rid of it - instead of criticizing the north, he says that the south could be the most powerful - COTTON IS KING - south has a lot of land - we don't need the north (but the north needs us) - quotes the bible and says, "the poor ye always have with you" - he also says the southern white people still treats slaves better - argues that in every society there is a low-class to do the low-class work and that African Americans should do this work "The difference between [North and South] is, that our slaves are hired for life and well compensated; there is no starvation, no begging, no want of employment among our people...." "Yours are hired by the day, not cared for, and scantily compensated.... Why, you meet more beggars in one day, in any single street of the city of New York, than you would meet in a lifetime in the whole South."
Frederick Douglass, "What to the Slave Is the Fourth of July?"
- the slave cannot rejoice on this day: "America is false to the past, false to the present, and solemnly binds herself to be false to the future." - The country neither follows the Bible nor the Constitution: "Interpreted as it ought be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT." - Slavery is a contradiction and hypocrisy at the heart of America. - to Frederick Douglass, the Fourth of July reveals to him "the grow injustice and cruelty to which he is the constant civil because it is a day of celebrating independence but only for the few" - the country follows neither the Bible nor the constitution - "interpreted as it ought to by interpreted, the Constitution is a glorious liberty document
Elizabeth Cady Stanton, "Seneca Falls Declaration of Sentiments"
- women have been discriminated against and put down by men - all people are equal and women are people - structures her argument similarly to the DOI by listing grievances men have committed against women
Amendments 11-12 of the Constitution
11. State governments cannot sue state governments 12. Electoral college and how to calculate who wins (they have to have a majority of the electoral college,if not it goes to the house of reps. How the president or how the Vice President are voted (they are voted together)
Civil war
1861-1865 "And the War Came." 1. Lincoln elected, November 1860 2. South Carolina secedes, December 1860 3. By March, 1861, 7 more states secede - Lincoln's First Inaugural, March 1861 - South does not have right to secede 4. S.C. attacks Fort Sumter, April 1861 What were they fighting for? North: - preserve union - save American democracy - human freedom and emancipation south: - combat northern aggression - preserve the southern way of life - defend the "true constitution slavery was the root cause of the conflict
Articles of Confederation
A weak constitution that governed America during the Revolutionary War. framework we have for the first government of the country benefits - the government that got us through the revolutionary war - passed the northwest ordinance - prepared us for the constitution disadvantages - everything else - national government lacked coercive power - no taxing power - no executive - states were a sovereign so they had their own trade deals, foreign countries, and their own money and fought wars with each other cam up to align the colonies ("league of friendship") Discovered it was weak during Shay's rebellion Shay's rebellion (a group of farmers protesting local taxes) : an armed revolt in Massachusetts, and the national government. Showed that the articles of confederation were too weak to suppress rebellions - had no money or military executive power to respond to Shay's rebellion - called convention to change the AOC - the last of these being the constitutional convention (where the articles were put away in favor of the Constitution - Hat to rely on states for funding if the states did not give any taxes, it was not enforceable Madison's critiques - "multiplicity of laws": different states made too many laws, can't keep track of them all - "mutability of laws": state laws are constantly changing - "injustice of the laws": Principles aren't being upheld by the state laws - "impotence of the laws": Laws aren't effective Reactions to Shays' Rebellion - "I am mortified beyond expression when I view the clouds that have spread over the brightest morn that ever dawned in any country... What a triumph for the advocates of despotism, to find that we are incapable of governing ourselves and that systems founded on the basis of equal liberty are merely ideal and fallacious." ~ George Washington - "Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death." ~ Samuel Adams - "A little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government." ~Thomas Jefferson
The Declaration of Independence v. The constitution
DOI - a comprehensive critique of the government - suspicious of government authority - states that all individuals are equal - this equality presumes that all voices are equal Constitution - a comprehensive structure for government - assumes government authority necessary for national purposes - does not treat all individuals as politically equal - some voices weighted more heavily than others (e.g. residents of small states) Democracy and civic virtue
Letters to James Duane
Hamilton Agrees In his letter to James Duane, he argues ... - "The confederation itself is defective, and requires to be altered. It is neither fit for war nor peace." - "The fundamental defect is a want of power in Congress." - "Another defect in our system is want of method and energy in the administration." - The national government needs "power sufficient to unite the different members together, and direct the common forces to the interest and happiness of the whole."
Federalist #10
Factions! by Madison a response to the Antifederalist concerns that a faction might be too strong The nature of the Republic: extended vs. Small In Federalist #10, Madison turns the small republic argument on its head. The diversity of the large republic will actually lead to better forms of governance. Big is beautiful! Why? Factions - Madison's Definition: "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." What causes factions? - "The latent causes of faction are thus sown in the nature of man..." (1) We have different interests and passions ... (2) Different opinions about religion (3) Attachment to different leaders (4) Unequal distribution of property. main argument: the diversity of the LARGE republic will lead to better forms of governance (big is beautiful Factions: Division within a population due to interests, passions, religions, attachments to different leaders, unequal distribution of property (rich v. poor). Also, they consist of interests adverse to others (minority OR majority). Factions create problems (1) forgetting the common good and each other (2) factional tendency toward extremism and ultimate anarchy (3) capture of government by a single faction creates tyranny (4) Majority factions: "When a majority is included in a faction, the form of popular government ... enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens." Causes include (1) religion (2) attachment to different leaders/passions / religious differences (3) UNEQUAL DISTRIBUTION OF PROPERTY. Problems of factions include (1) forge about others and the common good which could lead to a lot of fighting and contention (2) Extremism and anarchy (3) tyranny (4) MAJORITY FACTIONS Solutions for factions (1) Give everyone the same opinion (not possible because we would remove freedom) (2) Representatives who refine and enlarge views (Not possible because we can't always have a George Washington) (3) EXTEND THE SPHERE (make the republic big) (possible because factions lead to more conflict and healthy competition and LESS tyranny) -prevents rule by majority factions Large republics are big enough that no one faction can control, BUT it has failed during the civil war where 2 competing extremes caused war
FEDERAL TERMS
Federal government: central or national government (what's going on in D.C) Federalism: distribution of power between the central/national government and the state/local government Federalist Party: lead by Alexander Hamilton - Opposed by Democratic-Republican party lead by Thomas Jefferson and James Madison - Go listen to The Reynolds Pamphlet and the Election of 1800 from the Hamilton soundtrack if that helps lol Federalist vs Anti-Federalists: 2 groups who fought over the need for a stronger government and the ratification of the proposed Constitution (see subjects #5 :) )t
Hamilton's "federalist vision"
Hamilton says we should ... - Avoid leaders with "talents for low intrigue, and the little arts of popularity." (Federalist #68) - Find leaders with "courage and magnanimity enough to serve [the people] at the peril of their displeasure." (Federalist #71) Hamilton's Goals for the process: Federalist #68 (1) "It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided." (2) Election should be made by ... - "Men most capable of analyzing the qualities adapted to the station" - "Acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice." (3) "Little tumult and disorder" (4) "No cabal, intrigue, or corruption," especially from "foreign powers" The electoral college - "The mode of appointment of the chief magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure...I...hesitate not to affirm that if the manner of it be not perfect, it is at least excellent." ~ Alexander Hamilton, Federalist #68
"Vices of the Political System of the United States"
James Madison, 1787 Madison's Diagnosis of Problems Within the States - "Multiplicity of laws" - "Mutability of laws" - "Injustice of the laws" - "Impotence of the laws" Why State Laws Are Often Problematic Representative legislatures: - Ambition and personal interest outweigh the public good - "How easily are base and selfish measures masked by pretexts of public good..." Within the States - Simply giving power to the state legislature was not enough - Legislatures could be tyrants, too! Why State Laws Are Often Problematic - The people themselves - Majorities vs. minorities - Private interests vs. public good - Respect for character is not enough to prevent injustice - Religion not enough to restrain us But the problems were not just within the states - state interest vs national interest (union) Madison's Diagnosis - "Trespasses of the States on the rights of each other" - Especially in commercial matters - "Want of concert in matters where common interest requires it" - "Encroachments by the States on the federal authority" - "Failure of the States to comply with the Constitutional requisitions" Collective Action Problems: Pursuing individual interests leads to worse outcomes for all because some common interests are unaddressed. - states unable to solve these conflicts themselves - national government too weak to impose a solution Madison's Diagnosis - "Want of sanction to the laws, and of coercion in the Government of the Confederacy" - "Mistaken confidence that the justice, the good faith, the honor, the sound policy" of the states would be enough Madison and the Collective Action Problem - States will sometimes need to be coerced by the national government. This is because: - Acts of the national government "bear unequally hard" on the states; states will have unequal interests in carrying out national policies - "Courtiers of popularity": politicians will advance their own interests by criticizing national policies - Even when they share a common interest, some states may try to free ride on the efforts of others Federal government should be able to coerce the states Hamilton agrees in his letter to James Duane....
Election of 1828
The election of 1824 convinced Van Buren of the need for a renewed two-party competition. In the election of 1828, a new party formed & gradually became known as the Democratic Party which made Jackson president & Calhoun VP. Opponents called themselves the National Republicans. Jackson wins in a landslide: 56% popular votes and 68% of electoral college vote Jackson's Inauguration "But what a scene did we witness! The Majesty of the People had disappeared, and a rabble, a mob, of boys, negroes, women, children, scrambling fighting, romping. What a pity, what a pity! No arrangements had been made, no police officers placed on duty, and the whole house had been inundated by the rabble mob."
John C. Calhoun, "A Disquisition on Government" (pp. 243-249)
The purpose of government is to unite interests and choose common good - government is corrupt able/self interested (government controls society and constitution controls government - Calhoun suggests a different kind of constitution which is the CONCURRENT MAJORITY ("at the same time" -not for sectionalism) where the focus is on majority interests rather than majority of population. The idea of the majority and taking it one step further so that everyone agrees - SOUTH SHOULD VETO: giving each interest some kind of power in government (all factions need to agree in order to pass/change laws - he wants to make the majority of the north and the majority of the south to agree with one another (he wants the majority of ALL factions (the north and the south - avoid control by one interest "Many in the South once believed that it was a moral and political evil; that folly and delusion are gone; we see it now in its true light, and regard it as the most safe and stable basis for free institutions in the world...." - pro slavery because it was the basis for free institutions. In favor of secession - concurrent majority - sectionalism broke down Madison's idea of factions because there are now 2 main groups (north vs South) - the folly and delusion that slavery is evil is gone, we see the light that slavery is stable, safe institutions human nature: social and self interested
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review Judicial review: the power of the judiciary to declare laws or other acts of government unconstitutional THE JUDICIAL REVIEW IS NOT FOUND IN THE CONSTITUTION - "The powers of the legislature are defined and limited ..." - "The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it ..." - "[Not striking down unconstitutional laws] would be giving to the legislature a practical and real omnipotence ..." Who should interpret the law? "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each." Judicial review - the power to interpret is a significant power - especially when the constitutional text is drafted broadly
Federalist #78
Written by Hamilton Addresses the concern about the judicial branch being too powerful (a brief overview of judicial branch) "No legislative act ... contrary to the Constitution can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize but what they forbid." (Alexander Hamilton) least dangerous - does not have the sword (executive) or the purse (congress and legislative) - their only job is merely judgements (judicial review) - Judicial necessary because the legislative and executive is not overstepping their power - there will be another check in the legislature where the Supreme Court and the judical branch to keep in the constitution - must be separate and set a part for life to prevent influence of the people - the idea of judicial review, hamilton implies here: video of Amy Coney Barret and her interpretation of the constitution: the judicial branch got stronger since Hamilton's time, judicial review has become a very powerful branch - supreme court has to uphold interest of the people (uphold the constitution, prevents the majority from having too much power) Answer whether the judicial branch has too much power - "The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever." - "It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." - "It is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches." Who interprets the law? - In Federalist #78, Hamilton argues that the interpretation of the laws is the "proper and peculiar province of the courts." - The courts are meant to be deliberative bodies, which are best suited to interpret law. - Judges would not be the most ambitious individuals in government. Filters of consent and democracy - Judges have lifetime tenure and good jobs. - They can be disinterested - Insulated from the pull of interests (factions) that affect the other branches. - Impartial Checks on the court's power - President nominates; Senate confirms - Congress may re-draft laws making them constitutional - Executive branches (state and national) must enforce rulings of the court - Amendments to the Constitution may be passed
Henry David Thoreau, "Civil Disobedience"
main point: all about individual rights, government leave me alone - individual freedom is important - trust the people - you owe nothing to state and it owes nothing to you - government should be SMALL - government corrupts men - agrees with the idea that the best government is a government that governs least - the moral thing is to resist political authority - you should only do what you agree with - unified ignorance of the government (do what you do because you think) - criticizes American social institutions and policies, most prominently slavery and the Mexiocan- American war. - Individuals can choose not to obey a lawy if they don't agree with it "government is best which governs not at all" - libertarian human nature: good
