Introduction to American Introduction to American GovernmentGovernment

Lecture 3: Constitution

Susan B. HansenSusan B. Hansen510 Woo Dong Hall510 Woo Dong Hall

Office hours: Monday 3-4:30Office hours: Monday 3-4:30susanbh2005@yahoo.comsusanbh2005@yahoo.comCell: 010.5677.7879Cell: 010.5677.7879WEBSITE: WEBSITE: http://physpics.com/iie337http://physpics.com/iie337

Governments Manage Governments Manage Political ConflictPolitical Conflict

Governments allocate society’s resources, reflect society’s values, and enforce its decisions.

Values

People often

disagree and fight

over values

Material Scarcity

Leads to conflicts and

even violence

Political Violence

This is always a danger if there are not agreed upon rules and

laws

Legitimacy

Coercive Force

Managing Conflict in Society

Today’s TopicsToday’s Topics► The US Constitution: Why?The US Constitution: Why?► Structural rules to manage conflictStructural rules to manage conflict► Weaknesses of Articles of ConfederationWeaknesses of Articles of Confederation► Balance limited democracy, natural rights, and Balance limited democracy, natural rights, and

effective, protective government effective, protective government

► The US Constitution: How?The US Constitution: How?► Bargaining, compromise at PhiladelphiaBargaining, compromise at Philadelphia► Ratification: consent of governedRatification: consent of governed

► Explaining the Electoral CollegeExplaining the Electoral College

► Details of Presidency, Congress, Bill of Rights, etc. in Details of Presidency, Congress, Bill of Rights, etc. in later lectureslater lectures

1-2a Structural Rules1-2a Structural Rules

►Organization of Organization of governmentgovernment

►Procedures of Procedures of governmentgovernment

►Distribution of powerDistribution of power

1-2a Structural Rules1-2a Structural Rules

Structural rules originate Structural rules originate from:from:

►The U.S. ConstitutionThe U.S. Constitution►State ConstitutionsState Constitutions►Federal LawsFederal Laws►State LawsState Laws►Federal CourtsFederal Courts►State CourtsState Courts

1-2b Policy Rules1-2b Policy Rules

►When government agencies make When government agencies make decisions within their jurisdiction, the decisions within their jurisdiction, the result is called a policy rule.result is called a policy rule.

►Government’s policy rules = public Government’s policy rules = public policy.policy.

►Policy rules are developed according Policy rules are developed according to the procedures established by to the procedures established by structural rules.structural rules.

1-2c The Biased Character of 1-2c The Biased Character of RulesRules

►Rules create winners and losersRules create winners and losers►Rules are the center of vociferous Rules are the center of vociferous

debatedebate►Changes in rules = uncertainty, Changes in rules = uncertainty,

transaction coststransaction costs

Issues at Philadelphia, 1787Issues at Philadelphia, 1787

► Problems with Articles of ConfederationProblems with Articles of Confederation► Compromises necessary for ratification of Compromises necessary for ratification of

new Constitutionnew Constitution► Concessions to states to persuade them to Concessions to states to persuade them to

give up powergive up power► Some controversial issues deferred:Some controversial issues deferred:► Voting requirements – left to statesVoting requirements – left to states► SlaverySlavery► Make future changes in Constitution difficult Make future changes in Constitution difficult

so that the compromises would holdso that the compromises would hold

2-1b The Articles of 2-1b The Articles of ConfederationConfederation

►The National Government would only The National Government would only have the powers states granted it.have the powers states granted it.

►States retain their sovereignty, or States retain their sovereignty, or supreme power, within their borders.supreme power, within their borders.

►The National Government would only The National Government would only have power to negotiate foreign have power to negotiate foreign relations.relations.

►The Articles did not provide for an The Articles did not provide for an executive branch.executive branch.

States retain sovereignty

No Executive

Branch

States grant

powers

Foreign policy run by

Federal government

The Realities of the The Realities of the ArticlesArticles

► States imposed tariffs; barriers to free marketStates imposed tariffs; barriers to free market► The wealthy class was unhappy with laws passed by The wealthy class was unhappy with laws passed by

state legislaturesstate legislatures► The government was deeply in debt; “voluntary” taxesThe government was deeply in debt; “voluntary” taxes► No funds to build a navy; European warships No funds to build a navy; European warships

threateningthreatening► Plural executive; hard to make decisionsPlural executive; hard to make decisions► Unanimity of states required for any actionUnanimity of states required for any action► Individual States negotiated their own trade Individual States negotiated their own trade

agreements with Europeagreements with Europe

• What is the best form of government?

• What are the interests of the people and the leaders?

• How can a government be organized that best meets the needs of all?

• Answers involved compromise, bargains, ambiguity, leaving issues to the states

The Constitutional Convention

ISSUES AND DEBATES

Guarantees to StatesGuarantees to States

► No changes in their boundariesNo changes in their boundaries► Equal representation in SenateEqual representation in Senate► State role in Electoral CollegeState role in Electoral College► Limited powers given to CongressLimited powers given to Congress► 10th Amendment: Reserve Clause lets 10th Amendment: Reserve Clause lets

states keep traditional powersstates keep traditional powers► Major state role in amendment processMajor state role in amendment process► Full Faith and Credit: states must respect Full Faith and Credit: states must respect

each others’ laws (including slavery)each others’ laws (including slavery)

WHY the Electoral College?WHY the Electoral College?

►Distrust of popular vote – passions, Distrust of popular vote – passions, tyranny of the majoritytyranny of the majority

►Need for STATE role in selection of Need for STATE role in selection of PresidentPresident

►Balance influence of large and small Balance influence of large and small statesstates

►Electors were expected to judge wiselyElectors were expected to judge wisely

How the College WorksHow the College Works► Each state receives the number of Each state receives the number of

electors equal to the number of senators electors equal to the number of senators (2) plus the number of its (2) plus the number of its representatives.representatives.

► Political parties each choose electors, Political parties each choose electors, usually through their conventions.usually through their conventions.

► Electors cast their votes on the Tuesday Electors cast their votes on the Tuesday following the first Monday in November.following the first Monday in November.

► Whichever party wins the popular vote Whichever party wins the popular vote becomes the elector of its respective becomes the elector of its respective state.state.

► The electoral votes are read before both The electoral votes are read before both Houses of Congress on January 6.Houses of Congress on January 6.

How the College Works, How the College Works, cont.cont.

► The winner of the presidency is the The winner of the presidency is the candidate with the absolute majority candidate with the absolute majority of electoral votes.of electoral votes.

► If no candidate wins the absolute If no candidate wins the absolute majority, the U.S. House of majority, the U.S. House of Representatives selects the winner Representatives selects the winner from among the top three candidates.from among the top three candidates.

► The President and Vice President are The President and Vice President are sworn into office January 20.sworn into office January 20.

The U.S. Supreme Courts The U.S. Supreme Courts ends it all – but sets no ends it all – but sets no

precedentprecedent►The Court rules that Florida must stop its The Court rules that Florida must stop its

hand recounts.hand recounts.►The Bush team argues that Florida is The Bush team argues that Florida is

violating the Constitution’s equal violating the Constitution’s equal protection under the law provision.protection under the law provision.

►The Court rules that the standards for The Court rules that the standards for recounts are unclear.recounts are unclear.

►Bush wins.Bush wins.►Most Americans accept the Court’s ruling Most Americans accept the Court’s ruling

to end the conflict, uncertaintyto end the conflict, uncertainty

Direct Election of US Direct Election of US President?President?

► Would require a Constitutional amendmentWould require a Constitutional amendment► 2/3 vote of House and Senate2/3 vote of House and Senate► Ratification by 3/4 of statesRatification by 3/4 of states► Smaller states likely to oppose itSmaller states likely to oppose it► Vote count problems, as in Florida 2000,Vote count problems, as in Florida 2000, likely in many other stateslikely in many other states► Majority winner unlikely if more than two Majority winner unlikely if more than two

candidates compete; runoff needed? candidates compete; runoff needed?► The Constitution, despite its flaws, still The Constitution, despite its flaws, still

legitimatelegitimate

ConclusionConclusion

►The US Constitution is considered The US Constitution is considered legitimate, despite its flawslegitimate, despite its flaws

►Changing the Constitution is difficult; Changing the Constitution is difficult; outcomes of “reforms” are uncertainoutcomes of “reforms” are uncertain

►Undoing the bargains and compromises Undoing the bargains and compromises of 1787 would reopen controversial of 1787 would reopen controversial debatesdebates

►Electoral College and divided Electoral College and divided government are likely to continuegovernment are likely to continue