POLS 206 American National Government Megan K Dyer September 16 2014 Overview Avoiding tyranny 1 Representation Federalist 10 2 Separation of powers 3 Checks and Balances Federalist 51 4 Federalism as a check Ratification Constitutional change Anarchy v Tyranny Recap New national powers Threat of tyranny Popular government can threaten liberty Aside Democracy s checkered past Tyranny of the majority Anarchy v Tyranny Constitution designs institutions to prevent tyranny of the majority 1 Places much of gov t beyond direct control of the majority 2 Separates the powers of different institutions 3 Constructs a system of checks balances 4 Divides authority b t state national Representation 1 Placing much of gov t beyond the direct control of the majority A republic guarantees participation by the people but in a limited manner Representation Why representation Madison s Federalist 10 the public voice pronounced by the representatives of the people will be more consonant to the public good than if pronounced by the people themselves convened for the purpose Democracy or republic Representation Federalist 10 is concerned with faction Majority factions tyranny of the majority Representation as a partial cure Representatives have to speak for many This helps refine public views Forces popular gov t to look after the public good In a large diverse republic Representation Limiting majority control con t Direct v indirect representation House of Representative is directly elected All others original Constitution Length of an official s term Longer terms more insulated from the public Representation How democratic was the original Constitution Liberty v democracy Aside democratization of the Constitution Separation of Powers 2 Separation of powers Not an absolute division of powers Purpose to ensure that no single branch could control the others Each branch independent of others Fear of concentrated power Separation of Powers Assumed danger domination of the legislature So Congress divided into 2 Houses with 2 methods of election President bolstered i e veto Consequences Checks and Balances 3 Checks and Balances Federalist 51 A dependence on the people is no doubt the primary control on the government but experience has taught mankind the necessity of auxiliary precautions Why is government being popular not enough to control it Checks and Balances 3 Checks and Balances con t Federalist 51 you must first enable the government to control the governed in the next place oblige it to control itself and Solution Make each branch of gov t contest the power of others Designing rules institutions so that gov t power does not grow too large Checks and Balances Checks and Balances Each branch must have the consent of the others in certain actions Checks and Balances Congress authority to make the laws 2 3 override of Presidential veto Declare war Confirm appointments Senate Approve treaties Senate Checks and Balances The President authority to execute enforce the laws Veto Commander in Chief Appointments Negotiate treaties Checks and Balances Supreme Court Highest court Judicial review power to declare a law unconstitutional Marbury v Madison 1803 An afterthought Federalism as a Check 4 Constitution divides authority b t state national Federalism divides power The double security of a compound republic Federalist 51 The different governments will control each other at the same time that each will be controlled by itself Federalism as a Check Conflict b t national state gov ts Helps keep either of them from infringing on liberty Should the state governments be allowed to check the national gov t Checking Tyranny Effects of Separation of Powers Checks and balances Conflict Liberty and gridlock Bill of Rights Where is it Auxiliary precautions v parchment barriers Auxiliary precautions Institutional design makes it harder for gov t to become tyrannical Power separated divided checked parchment barriers i e bills of rights How effective Ratification Debating National Power Ratification State conventions Federalists Anti Federalists Federalists champions of the new Constitution anti Federalists against ratification Ratification Debating National Power Federalists supporters Generally Supported strong national gov t weaker state gov t Supported indirect election of officials longer terms of office Less concerned about threat of national power The Federalist Papers Ratification Debating National Power Anti federalists opponents Generally Thought Constitution gave the national gov t too much power Concerned that the Constitution was too elitist Favored direct election and shorter terms Wanted stronger protections for individual rights e g Brutus Debating National Power Federalists worried about tyranny of the majority Anti Federalists worried about concentration of power by a political economic elite Which is the greater threat Changing the Constitution Constitution nation s basic law a framework for U S national gov t Has been changed by both 1 Formal amendment 2 Informal processes Changing the Constitution 1 Formal amendment Art 5 Gives roles to both national gov t the states Two stages Proposal and ratification Generally Have made Constitution more democratic egalitarian Examples Changing the Constitution Difficulty of formal amendment e g Equal Rights Amendment ERA 1982 e g Corwin Amendment 1861 Changing the Constitution 2 Informal changes shaped by many unwritten traditions practices processes Sources Judicial interpretation Changing political practice Technological change Increased demands for policy Wrap up Length Flexibility v inflexibility Political actors need to know which rules and institutions matter Framework for addressing common policy concerns Wrap up Next Federalism Or Which rules institutions matter those of the national gov t or those of the states