The%20U.S.%20Constitution:%20Theory%20and%20Historical%20Context

1
The U.S. ConstitutionTheory and Historical
Context
2
Political Foundations of U.S.

• Hobbes/Locke/Montesquieu
• Note that none of these theorists actually
  espoused democracies!
• Experience

3
Thomas Hobbes Leviathan (1651)

• When men live without other security than what
  their own strength and their own invention shall
  furnish them withal . . . there is no place for
  industry, because the fruit thereof is uncertain
  and consequently no culture of the earth . . .
  no arts no letters no society and which is
  worst of all, continual fear, and danger of
  violent death and the life of man, solitary,
  poor, nasty, brutish, and short.

4
Forms of Government

• Can characterize government on two dimensions
• Who makes the choices?
• How much control is permitted? (i.e., what is
  the universe of options from which the choice is
  made)

5
Continuum of Who Makes Choices
Representative
Autocracy
Direct
Responsible
Popular
Oligarchy
Democracy
6
Pros and Cons of Democracy

• Cons
• Inefficient
• Cannot respond to immediate crises
• Pros
• More stable
• Remember the Hobbes/Locke concern for consent of
  the governed - Lockes social contract
• Democracy is one way to create a stable social
  contract
• Normatively easier to defend

7
Populism

• Equality
• Popular Sovereignty
• Majority Rule!

8
How Large Is the Universe of Options?

• Totalitarian (no limits)
• Authoritarian (informal limits)
• Constitutional Government (formal limits)

9
The U.S. Perspective on Constitutional Government

• James Madison, Federalist 51
• 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. 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. A
  dependence on the people is, no doubt, the
  primary control on the government but experience
  has taught mankind the necessity of auxiliary
  precautions.

10
Classical Liberalism

• Equality
• Popular Sovereignty
• Liberty
• Majority rule with minority rights

11
Pros and Cons of a Constitutional Government

• Cons
• Some problems more difficult to address (crime,
  security, etc.)
• Pros
• More stable

12
What Do We Have in the U.S.?

• Representative Democracy
• Between Responsible and Popular
• Relatively Broad Suffrage
• Constitutional Government

13
What Do We Need to Make That Work?

• Because individuals are ultimately responsible
  for the choices government makes, we need
• Trust in government
• Sense of political efficacy
• Knowledge of government

14
In Sum

• Many different types of governments can achieve
  the goals of having a government (creating order)
• Constitutional democracies may be slower and less
  efficient, but they are ultimately more stable
  because people are happier, less apt to revolt
• But in a constitutional democracy, it is the
  responsibility of every individual to understand
  how government works and to participate

15
Rebellion

• Stamp Act 1765
• Taxation without representation
• Cycle
• Enraged rhetoric by colonists
• Response/sanctions by Britain
• More outrage steps towards rebellion

16
Continental Congress (1774-1781)

• Ad hoc
• No formal authority
• Central authority for insurgents
• Declaration of Independence (1776)

17
Articles of Confederation(1781-1789)

• Passed by Continental Congress and approved by
  all colonies
• Confederation of states
• States held most of the power, not the national
  government
• Power given to national government came from
  states, not people
• One house Congress, no permanent elected executive

18
Impetus for Change

• Economic crisis
• Threats of violence
• James Madison and Alexander Hamilton called for
  reform