Introduction to the Constitution

Development of the Constitution and Separation of Powers

FocusWhat collective action problems did the

framers face?How to aggregate preferences?Is the U.S. democratic?What sort of “tyranny did the framers fear?What did the framers get right? What did

they get wrong?

Principles and AgentsPrinciples: individuals who possess authority

to make decisions

Agents: someone who implements the decisions of a principle

P-A Relationships and the FoundingEnglish Monarchy and colonial governmentsArticles of Confederation- States and the

National GovernmentDelegates of the Constitutional Convention

and the statesU.S. Constitution- people and the government

Flaws of the Articles of ConfederationGridlockBankruptcyEconomic troublesUnresolved conflictsExecutive problems

Shay’s Rebelliona case study of the problems with AoC

Imagine today… soldiers from Iraq coming home to foreclosed on homes…

Daniel Shay and friends were soldier/farmers

Took over armory Blockaded town hall

Prevent banks from filing foreclosure papers

The effect on the “framers”Worried about “tyranny of majority”Worried about excessive democracyDid not trust average citizen to be a rational actor,

that is to put long-term interest before short term.

THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS

MythThe Constitution was a

popular document and there was widespread consensus on its principles and the need for its ratification.

RealityThe Constitution was

the result of many conflicts and compromises, and the fight over its ratification was an intense ideological and political battle between Federalists and Anti-Federalists.

THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS

MythThe Constitution was a

democratic document.

RealityMuch of the document

aimed at curbing “excessive” democracy.

Rather than a democratic document, the Constitution is more properly understood as a republican one.

Federalists v Anti-federalistsSupported the new

ConstitutionDid not support the

Bill of Rights ideaFavored filters for

“common citizens” and elite rule

Elites, property owners, merchants… upper class

Did not approve of the new Constitution

Required the Bill of Rights

Favored states’ rights, local control, and strong protections of liberties

Small farmers, shopkeepers, debtors… common folks

Four Key Principles of the U.S. ConstitutionRepresentative democracy or a republican

form of governmentSeparation of Powers with Checks and

BalancesFederalismStrong Respect for Civil Rights and Civil

Liberties

Federalist PapersReasons why the new constitution should be

supportedFederalist #10 and # 51

Factions People rally around short term interests rather

than acting for long-term benefit

Cause: “OUR PROPENSITY TO VEX AND OPPRESS EACH OTHER.”

“a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

Solving for FactionsMinority factions

Majority rules

Majority factionsRepresentative democracyCompetitive elections which allow for virtuous

to be electedLarge geographic districts

Preventing Factions by DistrictsLegislative DistrictsSenate DistrictsElectoral College

THE UNITED STATES CONSTITUTION: MISTAKEN POPULAR CONCEPTIONS

MythAs with any

Constitutional government, the U.S. Constitution limited government power.

RealityAlthough there are

many limitations on the government in the Constitution, its ratification actually represented a “power grab” that increased the strength of the central government.

Representation: A Key Principle-Agent Debate

Virginia Plan

New Jersey Plan

Great Compromise

Federalist #51Why 3 branches?

Why separation of powers?

Why checks and balances

Federalist #51

“Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. 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.”

--James Madison (Publius), Federalist #51

Separation of Powers The division of powers among several

institutions that must cooperate in decision or policy-making

The allocation of constitutional authority to each of the three branches of government With different responsibilities Different powers Different constituencies, which makes them

accountable to different groups of people Different terms of service

Distribution of PowerFounders assumed that the Legislative

Branch is most powerful.

- Article I– the most detailed in outlining power and restrictions

- The other branches depend on Congress for much of their authority.

Today– many think of the Executive Branch has having the most

power.

- Growth of the bureaucracy

- Increasing powers of the president

- Increasing legislative influence of the White House.

Checks and Balances “…by so contriving the interior structure of

the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper place.”

“Ambition must be made to counteract ambition.” Each has in interest in making sure others

do not gain more power than their fair share.