Political Science Chapter 2 TOPIC 2 The American Constitution I Definition of Constitutions in General A What Is a Constitution B Aristotle s Classification of Constitutions II U S Constitution A The Madisonian dilemma B Solution to Madison s Dilemma C Comparing the 1st 2nd U S Consts III Five Ways the Constitution Has Changed A Formal Amendments 2 Step Process B Four Other Processes of Constitutional Change 03 25 2014 Topic 2 The American Constitution I Definition of Constitutions in General A What Is a Constitution i Constitution Basic rules and guidelines for exercising political authority ii Three Fundamental components a Functions of government powers and responsibilities in the public rather than the private sphere b Structure institutions that constitute the framework of government c Procedures manners in which gov t carries out its powers and responsibilities iii Limits on governmental powers B Aristotle s Classification of Constitutions i Based on how many exercise power a Empirical early political scientist b One Few or Many ii Good and bad forms a Normative b Good government determined i Not by how many people rule ii But by how rulers exercise power c Good gov t rulers one few or many exercise power in the interest of the governed d Bad gov t Good Form Monarchy Rule by One Bad Form Tyranny Aristocracy Constitutional Gov t Constitutional Dem Few Many Oligarchy Democracy mob rule majority tyranny iii Constitutional Government constitutionalism a Limited gov t b Effective restraints on gov t that prevent abuse of power c All of Aristotle s good forms constitutional gov t II U S Constitution A The Madisonian dilemma i Need for a stronger central gov t ii Wanted a good gov t a What is a good gov t b One that protects natural rights c People should have the liberty to pursue natural rights iii What is the basic nature of man a Is man inherently good or evil 1 Age old normative debate 2 Answer has implications for type of gov t you choose b Finessed the debate Assumed people were selfish by nature 1 Naturally pursue life liberty and happiness 2 Not good or bad but the way human nature is c Goal design gov t that will work well with human nature as it is iv The Dilemma How can self interested individuals administering stronger governmental powers be prevented from using those powers to destroy freedoms that gov t is supposed to protect v James Madison in Federalist 51 Ambition must be made to counteract ambition 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 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 B Solution to the Madisonian dilemma i Written document ii republican representative government iii Mixed government a Represent both property and the number of people b Mix of monarchy aristocracy and democracy iv Fragmentation of power a Separation of powers with checks and balances b Federalism geographical fragmentation of power C Comparing the 1st 2nd U S Constitutions Table 2 1 Provision Articles of Confederation U S Constitution Name The United States of America The United States of America Major Powers Declare War Congress Congress Army Congress decides size of force requisitions troops from each State according to population Congress authorized to rais support armies Navy Congress authorized to build a navy States authorized to equip warships to counter piracy Congress authorized to build a navy States not allowed to ke ships of war Treaties Congress President subject to ratificatio by 2 3 of the Senate Taxes Apportioned by Congress collected by the States no power to compel States to pay Laid collected by Congress Coin Money Both states the United States United States only Regulation of Interstate Commerce No power to regulate interstate commerce Congress Staffing Government Congress authorized to appoint ambassadors maritime judges other civil officers President appoints executive branch officials ambassadors federal judges subject to advi consent of the Senate Bills of Attainder Not prohibited Prohibited to both States Congress Ex post facto Laws Not prohibited Prohibited to both States Congress Religious Test to Hold Office Not prohibited Prohibited to both States Congress Powers Prohibited STRUCTURE Governmental Structure Form of Government Representative Confederation Representative Federation National State Power Relationship States required to abide by acts of Congress but each State retains sovereignty all rights powers not expressly delegated to the United States U S Constitution federal law are the supreme law of the lan take precedence over State constitutions laws that conflict Structure Name Unicameral called Congress Bicameral called Congress House of Representatives Senate Presiding Officer in Congress President of Congress Speaker of the House of Representatives Vice Presiden is President of the Senate Representation in Congress Between two seven delegates per State Two Senators per State Representatives apportioned according to state population Executive Power None specified Congress authorized to appoint civil officers to manage affairs of the United States President Commander in Chief Appointed by Congress President Only maritime judiciary Established one Supreme Cou Congress authorized to create inferior courts Legislature Executive Judiciary National Judiciary PROCEDURES Selection of Representatives Members of Congress Delegates appointed by state legislatures in the manner directed by each legislature Representatives elected by popular vote Senators appointed by state legislature Qualifications for Office None determined by the state legislatures U S citizen resident of State least 25 years old for House 30 years old for Senate Term of Legislative Office One year Two years for Representatives six for Senators Term Limits No more than three out of every six years None Recall Members of Congress State may recall its delegates at any time None Congressional Pay Paid by States Paid by the federal governmen Legislative procedures Voting in Congress One vote per State One vote per