The Founding

1
The Founding

• The Framers as politicians

2
How did politics affect the structure of the U.S.
Constitution?

• Framers personal and political motives
• Enlightenment
• Class
• Experience with strong central authority

3
The Declaration of Independence

• He has refused his Assent to Laws, the most
  wholesome and necessary for the public good.
• He has forbidden his Governors to pass Laws of
  immediate and pressing importance, unless
  suspended in their operation till his Assent
  should be obtained and when so suspended, he has
  utterly neglected to attend to them.
• He has called together legislative bodies at
  places unusual, uncomfortable, and distant from
  the depository of their public Records, for the
  sole purpose of fatiguing them into compliance
  with his measures.
• He has made Judges dependent on his Will alone,
  for the tenure of their offices, and the amount
  and payment of their salaries.
• He has kept among us, in times of peace, Standing
  Armies without the Consent of our legislatures.
• He has affected to render the Military
  independent of and superior to the Civil power.
• For Quartering large bodies of armed troops among
  us

4
continued

• For protecting them, by a mock Trial, from
  punishment for any Murders which they should
  commit on the Inhabitants of these States
• For cutting off our Trade with all parts of the
  world
• For imposing Taxes on us without our Consent
• For depriving us in many cases, of the benefits
  of Trial by Jury
• For transporting us beyond Seas to be tried for
  pretended offences
• For taking away our Charters, abolishing our most
  valuable Laws, and altering fundamentally the
  Forms of our Governments
• For suspending our own Legislatures, and
  declaring themselves invested with power to
  legislate for us in all cases whatsoever.
• He has abdicated Government here, by declaring us
  out of his Protection and waging War against us.
• He is at this time transporting large Armies of
  foreign Mercenaries to compleat the works of
  death, desolation and tyranny, already begun with
  circumstances of Cruelty perfidy scarcely
  paralleled in the most barbarous ages, and
  totally unworthy the Head of a civilized nation.

5
How did politics affect the structure of the U.S.
Constitution?

• Framers personal and political motives
• Experience with strong central authority
• Experience with weak central authority

6
The Articles of Confederation (1777)

• No executive branch
• Execution of laws left to states
• Members of Congress chosen, paid, and recalled by
  state legislatures
• Each state has one vote
• Congress cannot levy taxes or regulate interstate
  commerce
• No national army, only state militias

7
How did politics affect the structure of the U.S.
Constitution?

• Framers personal and political motives
• Experience with strong central authority
• Experience with weak central authority
• Politics of the 13 states

8
A political problem

• Effectively, the Constitutionalists had to
  induce the states, by democratic techniques of
  coercion, to emasculate themselvesto agree to
  send delegates to the Philadelphia Convention,
  provide maintenance for these delegates, set up
  the special ad hoc convention to decide on
  ratification, and concede to the decision of the
  ad hoc convention. (Roche, 800)

9
Features of The Constitution

• Legislative supremacy

10
Congress Constitutional Powers

• The Congress shall have Power To lay and collect
  Taxes, Duties, Imposts and Excises, to pay the
  Debts and provide for the common Defence and
  general Welfare of the United States
• To borrow Money on the credit of the United
  States
• To regulate Commerce with foreign Nations, and
  among the several States, and with the Indian
  Tribes
• To coin Money, regulate the Value thereof, and
  of foreign Coin, and fix the Standard of Weights
  and Measures
• To provide for the Punishment of counterfeiting
  the Securities and current Coin of the United
  States
• To promote the Progress of Science and useful
  Arts, by securing for limited Times to Authors
  and Inventors the exclusive Right to their
  respective Writings and Discoveries

• To declare War, grant Letters of Marque and
  Reprisal, and make Rules concerning Captures on
  Land and Water
• To raise and support Armies, but no Appropriation
  of Money to that Use shall be for a longer Term
  than two Years
• To provide and maintain a Navy
• To make Rules for the Government and Regulation
  of the land and naval Forces
• To provide for calling forth the Militia to
  execute the Laws of the Union, suppress
  Insurrections and repel Invasions
• To provide for organizing, arming, and
  disciplining, the Militia, the Appointment of
  the Officers, and the Authority of training the
  Militia according to the discipline prescribed by
  Congress
• 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 in the Government of the United
  States, or in any Department or Officer thereof

11
The Presidents Constitutional Powers

• The President shall be Commander in Chief of the
  Army and Navy of the United States, and of the
  Militia of the several States, when called into
  the actual Service of the United States
• he may require the Opinion, in writing, of the
  principal Officer in each of the executive
  Departments, upon any Subject relating to the
  Duties of their respective Offices, and he shall
  have Power to grant Reprieves and Pardons for
  Offences against the United States, except in
  Cases of Impeachment.
• He shall have Power, by and with the Advice and
  Consent of the Senate, to make Treaties, provided
  two thirds of the Senators present concur and he
  shall nominate, and by and with the Advice and
  Consent of the Senate, shall appoint Ambassadors,
  other public Ministers and Consuls, Judges of the
  supreme Court, and all other Officers of the
  United States, whose Appointments are not herein
  otherwise provided for, and which shall be
  established by Law

• The President shall have Power to fill up all
  Vacancies that may happen during the Recess of
  the Senate, by granting Commissions which shall
  expire at the End of their next Session.
• He may, on extraordinary Occasions, convene both
  Houses, or either of them, and in Case of
  Disagreement between them, with Respect to the
  Time of Adjournment, he may adjourn them to such
  Time as he shall think proper
• he shall receive Ambassadors and other public
  Ministers
• he shall take Care that the Laws be faithfully
  executed,
• and shall Commission all the Officers of the
  United States

12
Resulting Constitution

• Legislative supremacy
• Checks and balances

13
Madison, Federalist 51

• Members of each department should be as little
  dependent as possible on those of the others, for
  the emoulments annexed to their offices
• Ambition must be made to counteract ambition. The
  interest of the man must be connected with the
  constitutional rights of the place.

14
Madison, Federalist 51

• It may be a reflection on human nature that such
  devices should be necessary to control the abuses
  of government. But what is government itself but
  the greatest of all reflections on human nature?
  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.

15
Madison, Federalist 51

• 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.

16
Checks and Balances
Congress
Writes laws Overrides vetoes Confirms
nominations Confirms treaties Declares war
President
Courts
Reviews laws Reviews executive actions Appointed
for life
Vetoes bills Appoints judges Appoints executive
officials Commander in chief Negotiates with
foreign nations
17
Resulting Constitution

• Legislative supremacy
• Checks and balances
• Bicameral Congress
• Bill of Rights
• Slavery

18
Dahls argument

• What couldnt the Framers know?
• How is the Constitution undemocratic?