Reading the Constitution Jan 5, 2011

Robert Goodlatte (R-VA6)

“Throughout the last year there has been a great debate about the expansion of the federal government, and lots of my constituents have said that Congress has gone beyond its powers granted in the Constitution.”

Constitution Center, Philadelphia

What constitutions do destroy old regime structure governing institutions manage political conflict empower institutions to make decisions and take action limit government power.

Beau Breslin, Chief Academic Officer at Skidmore

Why constitutions matter fundamental rules of governance to be used for future collective decisions in a society. specify the constraints placed on governments and individuals they establish the incentive structure for the future. “economically efficient rules that promote the interests of society as a whole rather than the interests of any particular group, Buchanan and Tullock

American Political Thought

Political Thought Consent of governed Separated Power- Locke

Colonial Experience • No taxation without

representation • Distrust of centralized

authority

Consent of governed Separation of power

Strange women lying in ponds distributing swords is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony.

• No taxation without representation

• Distrust of centralized authority

Articles of Confederation

No executive Limited powers for Congress

no means of collecting revenue

Each state has one vote Super-majority of 9 votes required WHY?

The Articles’ Deficiencies

Economic Limited trade among states Radical Legislatures in PA and RI– paper $$ Frontier

Foreign Increasing foreign threats- Spain, England

National government was TOO weak

What constitutions do

destroy old regime structure governing institutions empower institutions to make decisions and take action limit government power “economically efficient rules that promote the interests of society as a whole rather than the interests of any particular group, Buchanan and Tullock

Shay’s Rebellion Economic recession Daniel Shay and poor farmers Local courts and legislature National government has no troops Implications?

Constitutional Convention

“I have no doubt that all their other measures will be good and wise. It is really an assembly of demigods.” Thomas Jefferson letter to John Adams 1787

Challenges facing Framers

create coalition of merchants and planters for new government promote commerce/protect property prevent excessive democracy secure popular support ensure government was not too strong to threaten individual’s liberties

Two Main Cleavages

Small states versus large states North versus south on slavery

"Great Compromise"

Status Quo Virginia Plan New Jersey plan Connecticut compromise

The House based on population Senate treats each state equally

32mill. residents, CA = 2 seats, 21 states = 42 seats

Iowa Mississippi Kansas Arkansas Utah West Virginia New Mexico Nebraska Nevada Maine

Hawaii Idaho New Hampshire Rhode Island Montana South Dakota Delaware North Dakota Alaska Vermont Wyoming

Scavenger Hunt

What did the Constitution say about 3 slavery issues? What are the exact words the Constitution uses to identify slaves in each of these sections

Southern Position Williamson, NC- “The Southern states could not be members of the Union if the clauses should not be rejected.” Charles Pickney (SC) “...if himself and all his colleagues were to sign the Constitution and use their personal influence, it would be of no avail toward obtaining the assent of their Constituents.”

Source: James Madison’s notes in Max Farrand, The Records of the Federal Convention of 1787,

Why the 3/5ths Compromise?

Long term implications? Were there alternatives?

Gouverneur Morris

“On the other side the Southern States are not to be restrained for importing… nay they are to be encouraged to it by an assurance of having their votes in the Natl. Govt. increased in proportion…” “What is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity?”

promote commerce/protect property

Of the enumerated powers granted to Congress in Article I, Section 8, how many would you classify as economic/ commercial, political, military, or other? The original Constitution explicitly mentions only 1 “Right”. What is it?

The Constitution School House Rock

https://www.youtube.com/watch?v=yHp7sMqPL0g

Challenges facing Framers

create coalition of merchants and planters for new government promote commerce/protect property prevent excessive democracy secure popular support ensure government was not too strong to threaten individual’s liberties

Article I, II

Article I Doctrine of Expressed Powers Economic

collect taxes, provide for the common defense and general welfare of the United States; To borrow money; regulate commerce with foreign nations, uniform rule of naturalization, bankruptcies; coin money, establish post offices

Military declare war, raise army, navy, suppress insurrections, organize militia

Article I

“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution “ GOP constitutional-justification rule

"require each bill moving through Congress to include a clause citing the specific constitutional authority upon which the bill is justified."

Prevent excessive democracy

How are governing institutions selected House Senate President Supreme Court

Secure popular support

American Political Thought Consent of governed Separated Power No taxation without representation Distrust of centralized authority Where must bills for raising revenue originate?

Not threaten individual’s liberties

Section 9 No bills of attainder No ex post facto laws No suspending habeas corpus Guarantee of trial by jury

Article II, The Executive

efficiency and effectiveness of a strong executive versus the potential for tyranny

Need executive to impart energy to national government make timely decisions Scared about national mandate

Powers of President Article 2, 300 words only Veto legislation, commander in chief, power to grant reprieves and pardons, make treaties, appoint ambassadors, public ministers, judges and all other office of US, receive ambassadors give Congress information of the State of the Union, recommend such measures as he shall judge necessary and expedient, adjourn them if proper take care all laws be faithfully executed the executive power shall be vested in a President

“All men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness”

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Preamble