Wednesday, October 12 th Draft of Essay #1 Due TODAY! Final Essay #1 Due Wednesday, Oct. 26 th
Federalism NATIONAL L J E STATE L J E
The Founders on Government Government is not reason; it is not eloquent; it is force. Like fire, it is dangerous servant and a fearful master. George Washington In framing a government which is to be administered by men over men, the great difficult lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself. --Madison, Fed. 51
The republican problem Giving government enough power to prevent anarchy but not so much as to establish tyranny
Key Structural Devices A large republic Enumeration Separation of powers Checks and balances
Enumeration Unlike any government before, the government s power includes only what is enumerated in the Constitution. This would be a limited government, one based on the rule of law, not the will of men.
Separation of Powers Separation of Powers: The allocation of different government powers across distinct entities. Three types in the Constitution: Federalism. Three independent branches of government. Two legislative bodies.
Executive Branch What powers should he have, and how should he be elected? Views on the executive branch least well-formed in the convention. Many assumed that he should be elected by the Congress. They did not believe that the people could be entrusted with this.
Executive Branch James Wilson had innovative idea: President should be elected by the people. This would create strong, independent executive who was, at the same time, accountable to the people. Eventually settled on system in which the President is chosen indirectly by the people with weight given to states. Given very broad powers. We take for granted how improbable office of the President is: enormous powers combined with submission to people s will.
Executive Power Judicial Power Judicial and Legislative Powers Legislative Power
Executive Power Executive, Judicial and Legislative Powers Judicial and Legislative Powers Tyranny
Total Separation of Powers Executive Power Judicial Power Legislative Power Deadlock Can Lead to Anarchy or Tyranny
Checks and Balances Checks and balances: A system that bridges separate powers by placing part of each power within separate branches. Examples: Presidential veto with override. President nominates judges, who must be confirmed by the Senate. Judicial review. This system simultaneously prevents one branch from aggrandizing too much power and promotes cooperation among the branches.
Separation of Powers Only Creates deadlock and confrontation. Each side digs in its heels, then tries to corrupt or subvert the other. Promotes a psychology of fear. Tends to self-destruct. Powers of government fail to remain separate. Fails to mobilize virtue. Plays to self-interest. Separation with Checks and Balances: Veto Power with Override Requires negotiation and compromise. Promotes cooperation. Each power can protect itself from the other. Keeps the powers separate. Mobilizes virtue.
Ratification Problems coming out of the Convention. Extraordinary task. Opposition. Four Key States.
Problems Coming out of the Conventions The Convention had gone way beyond its mandate. No consensus: Only 39 of 55 delegates signed it. Most American people still preferred a confederation to an American nation.
Demanding task. Ratification The people themselves had to assume the roles of constitutional scholars and political scientists and had to determine whether this document would preserve liberty and keep the nation together.
Ratification Proponents: Federalists. Political genius to call themselves Federalists. This term emphasized dispersal of power that their opponents wanted. Forced the opponent to use an awkward, negative term. Strategy: Use calm reason, not spirited rhetoric to carry the day. Four Key States.
Ratification Opposition: Anti-Federalists. Samuel Adams, Patrick Henry, George Mason. Four concerns Aristocratic, distant government. It would be an empire, not a republic. Too many loopholes. No Bill of Rights. Attractive alternate vision: Patchwork of vibrant cultures with healthy diversity. Government close to the people.
Anti-federalist Writings: Brutus I The legislature of the United States are vested with the great and uncontrollable powers of laying and collecting taxes[,] raising and supporting armies, instituting courts, and other general powers. And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments. In so extensive a republic, the great officers of government would soon become above the control of the people and abuse their power to the purpose of oppressing [the people].
Federalist Response The Federalist Papers Hamilton, Madison, Jay as Publius The best commentary on the principles of government which was ever written. Thomas Jefferson Federalism better than Confederation Need a strong but limited national government Bill of Rights First: Don t need one/dangerous Later: We ll write one Gov t based on rel./virtue are impractical and dangerous Religious liberty requires separation of Church and State Government to make us free not good
Anti-Federalist complaint National gov. too big, distant, strong No Bill of Rights Fails to promote religion and public duty
Anti-federalist Writings: Brutus II Persons who attempt to persuade people that [a bill of rights is] less necessary under this construction than under those of the states are willfully endeavoring to deceive and to lead you into an absolute state of vassalage.
Proponents: Federalists Political genius to call themselves Federalists. This term emphasized dispersal of power that their opponents wanted. Forced the opponent to use an awkward, negative term. Strategy: Use calm reason, not spirited rhetoric to carry the day.
James Wilson s Federalist Speech In the federal Constitution, everything that is not given to the government is denied. Thus, a Bill of Rights is not needed. The people already have all rights not expressly constrained by the Constitution.
James Wilson s Federalist Speech The system requires states, so the federal government will not overrun them. The President is to be chosen by electors nominated in such manner as the legislature of each State may direct; so if there [are no state legislatures,] the office of President cannot be supplied. The Senate is to be composed of two Senators from each State, chosen by the legislature [thereof]; therefore, if there is no [state] legislature, there can be no Senate. This is the best form of government which has ever been offered to the world.
Ratification was not a foregone conclusion.
Ratification Establishing consent Original consent Liberal versus simple democratic theory State conventions Periodic or continuing consent Elections The amendment process (article 5) Right to leave
But what is government itself but the greatest of all reflections on human nature? 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. James Madison, Fed. 55
Rights Structure and Rights Broad vs. Narrow Rights Government and Rights Rights in the USA