Checks and Balances #51, Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. Inter-branch battles are expected
Dec 22, 2015
Checks and Balances
#51, Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.
Inter-branch battles are expected
Separation of Powers Fundamentals political power is distributed
among the three branches of government
members are selected using different methods
possess some ability to check the power of the others
The Constitution on Impeachment
"Treason, Bribery, or other High Crimes and Misdemeanors" (Article II, section 4)
House votes to impeach, majority vote Senate votes to remove, 2/3rds vote Chief Justice of SC presides What is a high crime and misdemeanor?
Discussion Questions
Was the office of the president weakened by the impeachment process?
Did the system of checks and balances “work” as intended?
Should the impeachment process by remedied? How?
War Power
Congress can “declare war” President- commander in chief How many declared wars? Role of Courts
Ratifying the Constitution
approved by at least nine states approved at ratifying convention Not state legislatures or popular vote Debate between federalists and anti-
federalists Needed the big states
Federalists vs. Anti-federalists
Is democracy best served in large or small republics? (Madison v. Brutus)– Who is likely to be elected?– What is the greatest danger to democracy?– What is human nature like?– Are these questions still relevant?
Anti-federalists
small republic is best People are animated by a concern for public
good strong national government would be
distant from the people
Madison- Federalist 10 and 51
Liberty is safest in large (extended) republics many opinions and interests in large republic
makes it harder for a tyrannical majority to form coalition formed in large republic are more
moderate Liberty is threatened more by public passions and
popular factions than by strong government
New Republicanism
OLD- positive political engagement – civic virtue and small republics that required some degree of equality
NEW- negative limitations on government – the balance of interest based on the “invisible hand” of self-interest and on the equality of opportunity
Assessing the Framers
Elite Conspiracy– Federalists all wealthy planters and merchants
trying to get rich
Brilliant Political Theorists– How to prevent tyranny of the majority
Sound Politicians– political expediency is the driving principle
Amendment the Constitution
proposing amendments – 2/3rds votes by both house of congress – 9,746 amendments offered, only 29 of which
were officially proposed – Constitutional Convention at request of 2/3rds
of state legislatures – Never has happened, no rules about how to do
it
Ratifying Amendments
by legislatures in ¾ of the states seven state constitutions specify that the
legislature must ratify the proposed amendment by 3/4ths of 2/3rds majorities
by ratifying conventions in ¾ of states The case of the C paper and the 27th
Amendment
State Constitutions The legislature may provide for an indem-
nification program to peanut farmers for losses incurred as a result of Aspergillums flavus and freeze damage in peanuts. Alabama, 1901.
The people hereby enact limitations on marine net
fishing in Florida waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, over fishing and waster. Florida, 1968
Federalist amendments
Strengthen Government/ Reduce Separation of Powers– allow members of congress to serve in cabinet– allow president to dissolve congress require
presidential/congressional teams in congressional districts
– allow congress to require new presidential elections.
– establish 6 year term for president– Lengthen house terms to 4 years
Anti-federalist Amendments
government does too much not, too little– limit amount of taxes (require a 2/3 vote of
congress to raise taxes)– required balanced budget– give president a line item veto– limit authority of federal courts– term limits for judges and members of congress – Direct referendums
Discussion Questions
Any ideas for constitutional amendments? Do we need a new constitutional
convention? What would happen if we did have a
convention?
Majority Tyranny
What to do about factions? Causes cannot be removed Can only control the effects of faction Set faction against faction; ambition must
be made to counter ambition
Majority Rule vs. Minority Rights
Madison and Federalist #10 Faction: "A number of citizens, whether amounting to a majority or a 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." Inherent characteristic of people.