PSCI 110111 Sept 2007

1. The U.S. Constitutional Foundation

a. Connecticut Compromise b. Three-fifths Compromise2. Elements of the U.S.

Constitution3. Tension between Democracy

and Constitutionalism

The Connecticut or Great Compromise

Bicameral representation with different methods of representation in the two chambers (Senate and House).

How did the Connecticut Compromise

emerge?

VA GA PA * MA Virginia Plan

SC NH NC * Connecticut NY DE Compromise CT MD NJ

RI * Articles of Confederation

Nationalist

Anti-Nationalist

EqualRepresentationofStates

Proportional Representation of Population

Spatial Description of the Connecticut Compromise

The Great Compromise1. Representation of states

and population

2. Power shared between national

and state governments

A Second Major Controversy in Representation:

Who would be counted?Who would be excluded?

The Three-fifths Compromise

Article I, Section 2: “Representatives and direct taxes shall be

apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.”

How did the Three-fifths Compromise Evolve?

Southern Position:• Counting slaves increases representation of

the South, a gain in House votes

How did the Three-fifths Compromise Evolve?

Northern Position:• Argued that only free people can be counted• However, counting slaves increases the tax

base and shifts a greater share of that burden to the South

The cynical interpretation of the Three-fifths Compromise:

This was a bargain struck by buyers and sellers. The South bought votes with tax money, and the North sold

votes for tax relief.

U.S. ConstitutionImportant elements:

• Seven Articles outlining the structural features of government

• First ten amendments: Bill of Rights

• Seventeen additional amendments (added 1798-1992); total of 27 Amendments

U.S. ConstitutionSeparation of powers/checks & balances:

Article I: Legislative power (Congress)Article II: Executive power (President)Article III: Judicial power (Supreme court)

U.S. ConstitutionArticle I: Legislative power (Congress)Article II: Executive power (President)Article III: Judicial power (Supreme court)

Federalism:Article IV: States

U.S. ConstitutionArticle I: Legislative power (Congress)Article II: Executive power (President)Article III: Judicial power (Supreme court)Article IV: States (federalism)

Other structural and procedural elements:Article V: Amending the ConstitutionArticle VI: Supremacy of U.S. ConstitutionArticle VII: Ratification of the Constitution

The Supremacy ClauseArticle VI, Sec. 2, U.S. Constitution “This constitution, and the laws of the

United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Tension BetweenDemocracy &

Constitutionalismin the U.S. Political Context

Democracy: majority ruleU.S. Constitution: protection

of the rights of citizens, or minority rights

Justifying constitutional restraints on majority rule:

Protecting minority rights from the tyranny of the

majority

Federalist No. 10Madison’s Argument

In a small political system:

• more likely to find a consistent majority who would control decision making

• minority interests would never have a chance

Federalist No. 10Madison’s Argument

A strong, large republic:

• would guard against the dangers of factions (or special interests)

• would protect minority rights against the tyranny of the majority.

Federalist No. 51Madison’s Argument

“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.”

Madison’s concernin Federalist No. 51:

Concentration of power

How can you have a strong national government

(necessary to protect minority rights) without concentrating power in a way dangerous to

the rights of citizens?

Federalist No. 51Madison’s Argument

"Ambition must be made to counteract ambition.“

The most important structural elements to limit government at the national level:

» Separation of powers» Checks and balances

Checks and Balances of the Three Branches of Government

Legislates, Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach

Confirms Nominations, Impeach

Nominates Judges

VETO!VETO!

Declare Laws Declare Laws UnconstitutionalUnconstitutional

Declare Acts Declare Acts UnconstitutionalUnconstitutional