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American Government 4/e Thomas E. Patterson | |||||
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American Government 4/e Thomas E. Patterson | |||||
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CHAPTER OUTLINE
Watergate scandal illustrates how each branch guards against abuses of the others
Framers and the system of checks and balances
Objectives were limited government and self-government
Majority rule and protection of liberty
The chapter’s main points:
Colonial traditions of limited and self-government
Limited government through division of lawful powers
Indirect systems of popular election of representatives
Idea of popular government has gained strength since nation’s beginning
Before the Constitution: The Colonial and Revolutionary Experiences
Tradition of limited government reflected in American colonial experiences
"The Rights of Englishmen"
Tensions between colonists and the British over Americans’ rights
Stamp Act and Townshend Acts—destroyed colonies-England relationship
Thomas Paine’s Common Sense: America as "an asylum for mankind"
The Declaration of Independence
Jefferson inspired by English philosopher John Locke’s theory of natural rights
Rights of life, liberty, property
Idea of social contract
Jefferson wrote Declaration
"All men are created equal"
Inalienable rights include "life, liberty, and the pursuit of happiness"
The Articles of Confederation
Concerns over tyranny led to a weak national government
Articles of Confederation gave power to the states
Agreement of nine states needed to pass laws
Unanimity of thirteen colonies required for amendments
States went their own ways after Revolutionary War
Did the United States deserve to be called a nation? (Washington)
Shay’s Rebellion: A Nation Dissolving
Shay’s rebellion in 1786 frightened propertied interests
Congress planned a convention in 1787 in Philadelphia to "revise" Articles
Negotiating Toward a Constitution
Delegates drafted a plan for an entirely new form of government
Washington, Franklin, Madison wanted a strong central government
Delegates were men of means—lawyers, landowners, merchants
They were also astute politicians
They fought for their ideas
The Great Compromise: A Two-Chamber Congress
Virginia Plan based on representation (small states opposed)
New Jersey Plan called for each state to have one vote in a one-house Congress
Compromise called for a House based on population, a Senate based on equality
The North-South Compromise: The Issue of Slavery
South wished to protect its agricultural-base economy (no export tariffs)
Congress was prohibited from taxing imports and could not end slave
trade until 1808
Three-fifths Compromise: five slaves equaled three whites for representation
A Strategy for Ratification
Framers decided Constitution would go into effect if ratified by special conventions in nine of the thirteen states
"The Federalist Papers" written by Madison, Hamilton, and Jay to argue for ratification
Constitution went into effect summer 1788; all states eventually ratified
The Framers’ Goals
Creating a national government strong enough to meet the nation’s needs
Preserving the states as governing entities
Creating a government with substantial restrictions on its powers
Creating a government that allows people a voice in decision making
Providing for a Limited Government
Framers had to control the coercive force of government
Grants and Denials of Power
Power of government restricted
Constitution forbade bills of attainder, religious tests for office, etc.
Using Power to Offset Power
Divide authority of government—no institution could dominate
Montesquieu’s separation of powers
Madison’s stress on "factions" as the cause of oppressive government
Framers: Create a system of separated but overlapping powers
Separated Institutions Sharing Power: Checks and Balances
Neustadt: A system of "separated institutions sharing power"
Checks and balances—shared legislative/executive/judicial powers
The Bill of Rights
Opposition to lack of Bill of Rights led to its addition
Bill of Rights provides liberties that cannot be denied by governing officials
Judicial Review
Principle had to be established (Marbury v. Madison, 1803)
Supreme Court invalidated an act of Congress through Chief Justice Marshall
Providing for Self-Government
Framers: Control tyranny of the majority
Democracy Versus Republic
Framers feared "pure democracy"
"Republic" referred to deliberative, reasoned, representative government
Burke: Representatives should be "trustees"
Limited Popular Rule
Framers placed "officials at a considerable distance" from the people
Frequent election of House members made them sensitive to popular majorities
Legislatures would select senators, electoral college would select the president
The judiciary as a "guardian" institution
Altering the Constitution: More Power to the People
Jeffersonian Democracy—a "revolution of the spirit"
Jacksonian Democracy—growth of popular sovereignty
The Progressive Era—the idea of representatives as "delegates" of the people
Progressive reforms
Initiative, referendum, recall
Primary election—gave rank-and-file voters a voice in nominations
Constitutional Democracy Today
Framers created a constitutional democracy
It is democratic by providing for majority influence through popular elections
It is constitutional by requiring that governmental power be exercised
according to law and with respect for individual rights
U.S. political system is a hybrid model
Only nation in world that relies extensively on primary elections to select candidates for office
Yet the will of the majority is sometimes diluted by system of checks and balances
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