POL S 204 Forces and mechanisms in the constitution making process Jon Elster Quiz Section How new constitutions are made mechanics of constitution making Constraints individual motivations systems of aggregation cognitive assumptions Always a written document 3 criteria 1 Is a set of laws 2 Regulate matters that are in some sense more fundamental than others 3 More stringent amendment process Stabilizing effect Dangers of rigid constitution reactionary Supreme Court Some cannot be modified in a state of emergency some depend on absolute majority for amendments 7 Waves of constitution making Constitutions are usually made in the wake of a time of crisis Circumstances that induce constitution making 1 Social economic crisis 2 Revolution 3 Regime collapse 4 Fear of regime collapsed 5 Defeat in war 6 Reconstruction after war 7 Creation of a new state 8 Liberation from colonial rule Constitution making in episodes clusters triggered by the same event chain reaction serves as a cognitive model for the next influences others through upgrading beliefs Constraints Inner dynamics Upstream constraints imposed by on the assembly before deliberation agendas of the people in the assembly a representatives instructions from those being represented Downstream constraints arise from ratification when another group has to pass approve it there are constraints what will they be willing to pass sometimes ignored Beliefs Desires Interests Personal interest economic interest cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 escape criminal procedure cid 127 Group interest political party slave vs free states states voting power cid 127 majority vs proportional voting Tend to cloak themselves in public interest Institutional interest the Constitution power cid 127 When a body that participates in the constitution making process writes an important role for itself into If the constitution is written by the legislature then the legislative branch will give its self more Unicameral or bicameral constitution assemblies will make Unicameral and bicameral constitutions If the president is involved then the Constitution will give more power to the president from their vantage point they are preventing chaos ensuring efficiency Constitution making parliaments will give themselves more power to amend the Constitution constitution should prevent wild changes however should have a bill of rights Secret discussions so no man felt himself obligated to retain his opinions any longer than he was Passion protect minorities from majorities Protect from vanity satisfied with their propriety and truth no threat based bargaining Reason take out interests and passion self limitation Aggregation Transformation and misrepresentation of preferences Transformation new information leads to a change cid 127 Misrepresentation they held a different belief than they were voicing publicly generated fear voting on role call led to some delegates voting against their convictions compromise the second best option for both sides game theory bargaining theory 2 basic paradoxes The task of constitution making generally emerges in conditions that are likely to work against good The public will make major constitutional change is unlikely to be present unless a crisis is impending assembles completely independent should write the constitution 3 assembly should not meet in a capital or large city nor should an army be present constitution making Elster Recommends 1 majority voting 2 unicameral system 4 keep experts to a minimum time limit 5 6 time delay before it is effective cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127