FEDERAL GOVERNMENT GOVT Limited Government & Representative Government September 18, Dr. Michael Sullivan. MoWe 5:30-6:50 MoWe 7-8:30

Size: px

Start display at page:

Download "FEDERAL GOVERNMENT GOVT Limited Government & Representative Government September 18, Dr. Michael Sullivan. MoWe 5:30-6:50 MoWe 7-8:30"

Derick Patterson
5 years ago
Views:

1 Limited Government & Representative Government September 18, 2017 FEDERAL GOVERNMENT GOVT 2305 MoWe 5:30-6:50 MoWe 7-8:30 Dr. Michael Sullivan

2 TODAY S AGENDA Current Events Limited Government Representative Government Practice Quiz #1

5 Limited Government Strict legal limits on the uses of government power so that it wouldn t threaten individual liberty Representative Government People govern through the selection of their representatives Patterson, p. 27

Before the Constitution: The Colonial and Revolutionary Experiences Americans British heritage Colonial experiences with democratic institutions: English Parliament

6 Before the Constitution: The Colonial and Revolutionary Experiences Americans British heritage Colonial experiences with democratic institutions: English Parliament Colonial charters had provisions for elected assemblies and limited government, such as trial by jury. Rights of Englishmen, including trial by jury Patterson, pp

Before the Constitution: The Colonial and British failed to uphold the colonists established traditions, & imposed taxes, which led to the cry of no taxation without representation.

7 Before the Constitution: The Colonial and British failed to uphold the colonists established traditions, & imposed taxes, which led to the cry of no taxation without representation. Revolutionary Experiences Repeal of the Stamp Act, a tax on colonial newspapers and business documents Enactment of the Townshend Act, which included a tax on tea Patterson, pp

8 Before the Constitution: The Colonial and Revolutionary Experiences The First Continental Congress (1774) defined the colonists demands, and violence ensued when the king refused their demands. Patterson, pp

The Declaration of Independence (1776) Call to revolution that included the ideas of liberty, equality, individual rights, self-government, and lawful powers Philosophy of John Locke Inalienable

9 The Declaration of Independence (1776) Call to revolution that included the ideas of liberty, equality, individual rights, self-government, and lawful powers Philosophy of John Locke Inalienable (natural) rights: life, liberty, and property Social contract: people agree to form a government. Government has responsibility to preserve rights and provide security Thomas Jefferson paraphrased Locke Life, liberty, and the pursuit of happiness ; All men are created equal ; and governments derive their just powers from the consent of the governed Patterson, p. 30

10 The Articles of Confederation ( ) First government of the United States based on the Articles of Confederation, which subordinated national authority to that of the states, creating a weak and ineffectual national government. The national government lacked the power to tax and was dependent on voluntary contributions from the states. It was unable to finance an adequate army and navy. Congress could not shape a national economy, as it could not interfere with the commerce of the states (e.g., printing of paper money) The Articles demonstrated the consequences of an overly weak national authority. This resulted in public disorder, economic chaos, and inadequate defense. Patterson, pp

Shay s Rebellion (1786-1787) Weakness of the national government raised fears, especially in the wake of Shays Rebellion Farmers led by Daniel Shays fomented armed rebellion to prevent

11 Shay s Rebellion ( ) Weakness of the national government raised fears, especially in the wake of Shays Rebellion Farmers led by Daniel Shays fomented armed rebellion to prevent foreclosures on their land Congress was unable to raise an army to quell the rebellion Congress was motivated to authorize a convention in Philadelphia to revise the Articles of Confederation Patterson, p. 32

12 2 nd Constitutional Convention ( ) Major Goals of the Framers of the Constitution 1. A government strong enough to meet the nation s needs an objective sought through substantial grants of power to the federal government in areas such as defense and commerce (see Chapter 3) 2. A government that would not threaten the existence of the separate states an objective sought through federalism (see Chapter 3) and through a Congress tied to the states through elections 3. A government that would not threaten liberty an objective sought through an elaborate system of checks and balances 4. A government based on popular consent an objective sought through provisions for the direct and indirect election of public officials Patterson, p. 40

13 2 nd Constitutional Convention ( ) The Great Compromise: A Two-Chamber Congress Virginia Plan, or large state plan Representation based on the size of a state s population Greater power to larger states New Jersey Plan, or small state plan Each state would have one vote Equal power to large and small states Great Compromise: a bicameral Congress House of Representatives: proportional representation Senate: equal representation Patterson, pp

14 2 nd Constitutional Convention ( ) The Three-Fifths Compromise: Issues of Slavery and Trade Congress agreed not to tax exports, only imports Congress prohibited until 1808 from passing laws to end the slave trade Three-Fifths Compromise: three-fifths of the enslaved population counted for apportionment of taxes and political representation Determine Northern States Southern States 3/5 ths Compromise Representation in House of Representatives Opposed counting slaves as population Wanted slaves counted as population 3/5 ths of slaves counted as population Taxation Wanted slaves counted as part of population Opposed slaves being counted as population 3/5 ths of slaves counted to determine taxation Patterson, p

2 nd Constitutional Convention (1787-1788) A Strategy for Ratification Anti-Federalists: those who were against a strong national government Raised arguments that

of the Constitution The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case Delegates established

15 2 nd Constitutional Convention ( ) A Strategy for Ratification Anti-Federalists: those who were against a strong national government Raised arguments that still echo in American politics National government would be too powerful State self-government and personal liberty would be placed at risk Federalists: proponents of the Constitution The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case Delegates established their own ratification process New Constitution would be submitted directly to the states for approval It would become law if approved by at least nine Patterson, pp

16 US Constitution Protecting Liberty: Limited Government Sought a national government that could act decisively, but not act irresponsibly They mistrusted unrestricted majority rule Liberty was the governing ideal they sought most

17 US Constitution: Constitutional Provisions for Limited Government Mechanism Purpose Example Grants of Power Denial of Power Separation of Institutions Federalism Bill of Rights Judicial Review Powers granted to national government Powers not granted denied unless necessary & proper Powers expressly denied to national and state governments by the Constitution Separates power among the legislative, executive, and judicial branches but assigns each branch power of the other two branches so it can act as a check on their power. Division of power between national government & states; some shared powers First 10 amendments of Constitution, listing the specific rights the government must protect Power of courts to declare governmental action null an void when it violates the constitution US Constitution, Art 1, Sec 8 17 Powers Listed Writ of habeas corpus Madison, Fed. Paper #10 National: National defense State: Education Shared: Taxation Free expression Due process protections Marbury v Madison (1803) Elections Voters have power to remove officials from office Presidential Elections Congressional Elections Patterson, pp

18 Separate Branches Sharing Power Congress over the president: may impeach and remove the president; may override presidential veto; may investigate presidential action; must approve treaties and executive appointments; enacts the budget and laws within which presidential action occurs Article 1, Sections 1-10 Congress over the Supreme Court: decides the size of the federal court system, the number of Supreme Court justices, and the appellate jurisdiction of the Supreme Court; may impeach and remove federal judges; may rewrite legislation that courts have interpreted and may initiate constitutional amendments; confirms judicial nominees Patterson, pp

19 Separate Branches Sharing Power Article 2, Sections 1-4 The president over Congress: may veto acts of Congress, recommend legislation, and call Congress into special session; executes, and thereby interprets, laws enacted by Congress The president over the Supreme Court: nominates federal judges; may pardon those convicted in court; executes court decisions and thereby affects their implementation Patterson, pp

Separate Branches Sharing Power Article 3, Sections 1-3 The Supreme Court over the president: may declare executive action unlawful because it is not authorized by legislation; (by tradition) may

20 Separate Branches Sharing Power Article 3, Sections 1-3 The Supreme Court over the president: may declare executive action unlawful because it is not authorized by legislation; (by tradition) may declare presidential action unconstitutional The Supreme Court over Congress: has the power to interpret legal disputes arising under acts of Congress and (by tradition) may declare acts of Congress unconstitutional Patterson, pp

21 Providing for Representative Government History of unfettered democracies was not encouraging Risk was tyranny of the majority: the people acting as an irrational mob that tramples on the rights of the minority Framers nevertheless believed the people needed a voice in government Democracy, to the framers: a government in which the majority has absolute power Framers preferred the concept of a republic: a government that has limits on its power, where the people have rights guaranteed by a constitution and protected through carefully designed institutions Majority rule in a republic is limited in order to protect minority rights Patterson, pp

22 Limited Popular Rule Methods of Choosing Federal Officials Office Method of Selection Term of Service President Electoral College 4 years U.S. senator State legislature, changed in 1913 to popular election 6 years (one-third of senators terms expire every 2 years) U.S. representative Popular election 2 years Federal judge Nominated by president, approved by Senate Indefinite (subject to good behavior ) People participate indirectly in the process of government through elected officials House of Representatives was initially the only institution based on direct popular election To make government responsive to popular majorities Senators were to be appointed by the legislatures of their states Each state would have the same number of electoral votes as members in Congress, and their electors (the Electoral College) would select the president Patterson, p. 50

23 Altering the Constitution

24 Altering the Constitution: More Power to the People Jeffersonian democracy (early 1800s) Government belonged to all, not just the elite Jacksonian democracy (1830s) States urged to give their electoral votes to the winner of the popular vote The Progressives (early 1900s) Championed primary elections, giving ordinary voters the power to select party nominees Direct election of senators; referendums and initiatives Elected officials, as delegates, carry out the wishes of the voters

25 Constitutional Democracy Today Today s model is more a representative government More frequent elections than any other democracy Only major democracy to rely heavily on primary elections Less democratic than some other major democracies because of constitutional barriers Divided branches Staggered terms of office Separate constituencies

26 Upcoming 9/20 Federalism / Practice Quiz #2 (Limited & Rep. Gvt) 9/25 Civil Liberties/Current Events Assignment 1 Due 9/27 Civil Rights / Graded Quiz (Federalism) 10/2 Exam 1 (Unit 1: Foundations)

Constitutional Democracy: Promoting Liberty and Self-Government. Chapter 2

Constitutional Democracy: Promoting Liberty and Self-Government Chapter 2 Before the Constitution: Colonial and Revolutionary Experiences The Rights of Englishmen Life, liberty and property to which all