TOPIC 2The American ConstitutionI. Definition of Constitutions in GeneralA. What Is a Constitution?B. Aristotle’s Classification of ConstitutionsII. U.S. ConstitutionA. The “Madisonian dilemma”B. Solution to Madison’s DilemmaC. Comparing the 1st & 2nd U.S. Consts.III. Five Ways the Constitution Has ChangedA. Formal Amendments—2-Step ProcessB. Four Other Processes of Constitutional ChangeTopic 2The American ConstitutionI. Definition of Constitutions in GeneralA. What Is a Constitution?i. Constitution: Basic rules and guidelines for exercising political authorityii. Three Fundamental componentsa. Functions of government: powers and responsibilities in the public rather than the private sphereb. Structure: institutions that constitute the framework of government.c. Procedures: manners in which gov’t carries out its powers and responsibilitiesiii. Limits on governmental powersB. Aristotle’s Classification of Constitutionsi. Based on how many exercise power:a. Empirical (early political scientist)b. One, Few, or Manyii. Good and bad formsa. Normativeb. Good government determinedi. Not by how many people rule,ii. But by how rulers exercise powerc. Good gov’t = rulers (one, few, or many exercise power in the interest of the governedd. Bad gov’t =Good FormRule byBad FormMonarchyOneTyrannyAristocracyFewOligarchyConstitutional Gov’t(Constitutional Dem.)ManyDemocracy(mob rule – majority tyranny)iii. Constitutional Government (constitutionalism) =a. Limited gov’tb. Effective restraints on gov’t that prevent abuse of powerc. All of Aristotle’s “good forms” = constitutional gov’tII. U.S. ConstitutionA. The “Madisonian dilemma”i. Need for a stronger central gov’tii. Wanted a “good” gov’ta. What is a good gov’tb. One that protects natural rightsc. People should have the liberty to pursue natural rightsiii. What is the basic nature of man?a. Is man inherently good or evil?1. Age-old normative debate2. Answer has implications for type of gov’t you chooseb. Finessed the debate: Assumed people were selfish by nature1. Naturally pursue life, liberty, and happiness2. Not good or bad, but the way human nature isc. Goal = design gov’t that will work well with human nature as it isiv. 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 documentii. republican (representative) governmentiii. Mixed governmenta. Represent both property and the number of peopleb. Mix of monarchy, aristocracy, and democracyiv. Fragmentation of powera. Separation of powers with checks and balancesb. Federalism – geographical fragmentation of powerC. Comparing the 1st & 2nd U.S. Constitutions (Table 2.1)ProvisionArticles of ConfederationU.S. ConstitutionNameThe United States of AmericaThe United States of AmericaMajor PowersDeclare WarCongressCongressArmyCongress decides size of force & requisitions troops from each State according to populationCongress authorized to raise & support armiesNavyCongress authorized to build a navy; States authorized to equip warships to counter piracyCongress authorized to build a navy; States not allowed to keep ships of warTreatiesCongressPresident, subject to ratification by 2/3 of the SenateTaxesApportioned by Congress, collected by the States; no power to compel States to payLaid & collected by CongressCoin MoneyBoth states & the United StatesUnited States onlyRegulation of Interstate CommerceNo power to regulate interstate commerceCongressStaffing GovernmentCongress authorized to appoint ambassadors, maritime judges, & other “civil officers”President appoints executive branch officials, ambassadors, & federal judges, subject to advice & consent of the SenatePowers ProhibitedBills of AttainderNot prohibitedProhibited to both States & CongressEx post facto LawsNot prohibitedProhibited to both States & CongressReligious Test to Hold OfficeNot prohibitedProhibited to both States & CongressSTRUCTUREGovernmental StructureForm of GovernmentRepresentative; ConfederationRepresentative; FederationNational-State Power RelationshipStates required to abide by acts of Congress, but each State retains sovereignty & all rights & powers not expressly delegated to the United StatesU.S. Constitution & federal laws are the supreme law of the land, & take precedence over State constitutions & laws that conflict.LegislatureStructure & NameUnicameral, called CongressBicameral, called Congress: House of Representatives & SenatePresiding Officer in CongressPresident of CongressSpeaker of the House of Representatives; Vice President is President of the SenateRepresentation in CongressBetween two & seven delegates per StateTwo Senators per State; Representatives apportioned according to state populationExecutiveExecutive PowerNone specified; Congress authorized to appoint civil officers to manage affairs of the United StatesPresidentCommander-in-ChiefAppointed by CongressPresidentJudiciaryNational JudiciaryOnly maritime judiciaryEstablished one Supreme Court; Congress authorized to create inferior courtsPROCEDURESSelection of RepresentativesMembers of CongressDelegates appointed by state legislatures in the manner directed by each legislatureRepresentatives elected by popular vote; Senators appointed by state legislaturesQualifications for OfficeNone; determined by the state legislaturesU.S. citizen, resident of State, at least 25 years old for House & 30 years old for SenateTerm of Legislative OfficeOne yearTwo years for Representatives, six for SenatorsTerm LimitsNo more than three out of every six yearsNoneRecall Members of CongressState may recall its delegates at any timeNoneCongressional PayPaid by StatesPaid by the