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THE
CONSTITUTION and LIMITED GOVERNMENT
- The U.S.
Constitution is based on four major constitutional
principles.
-
- REPUBLICANISM
- SEPARATION
OF POWERS
- CHECKS AND
BALANCES
- FEDERALISM
-
How does the
Constitution treat freedom, order and
equality?
- Balanced
freedom and order
- Ignored
social equality
-
The structure
of the Constitution, 7 Articles
- Article I
-- legislative power.
- Article II
-- qualifications for president, election, duties,
powers.
- Article
III -- Supreme Court
- Coverage
of remaining 4 articles
- IV.
State's Relations
- -
Full faith and credit
-
National government to protect states
- V. The
amending process
- VI. The
supremacy clause and oaths of office
- VII.
Ratification process
-
Which model of
democracy best fits the Constitution?
- The
framers succeeded in creating a republic, a government
resting on majority consent; they did not intend to
create a majoritarian democracy.
- J.
Allen Smith, The Spirit of American Government
(1907): "The framers of the American
Constitution, however, succeeded in erecting
barriers which democracy has found it more
difficult to overcome. For more than a century the
constitutional bulwarks which they raised against
the rule of the numerical majority have obstructed
and retarded the progress of the democratic movement."
(p.207)
- Democracy
and limits on government
- Majoritarian
doesn't tolerate limits
- Pluralist
requires limits
Federalism and
limited government
- "federal
government," embraces BOTH the national and state
governments.
- The basis
for allocation of powers between nation and state was
established in the Constitution.
- The
Framers' concerns:
- wanted
a stronger national government
- wanted
to preserve the role of the
states
- The
National government lacks "police powers" over
individuals'
- Health
- Morals
- Safety
- Welfare
-
Constitution provisions
- Section 8
of Article I
- enumerates
the power of Congress, in 17 clauses, e.g.,
- Lay
and collect taxes
- borrow
money
- declare
war
- regulate
interstate commerce
- The
18th allows Congress "To make all laws which are
necessary and proper for carrying into execution the
foregoing powers"
- called
the "necessary and proper"
- Or
the "elastic" clause
- AMENDMENT
X: powers reserved to the states
-
Inventing
police powers: The role of the Courts
- Heart of
Atlanta Motel v. US (1964)
- 1964
Civil Rights Act barred discrimination in places of
public accommodation
- In 1883
the Court had struck down a similar law on the ground
that private acts of discrimination could not be
forbidden by the national
government.
- In
1964, the Court found ample power in the Congress'
power to regulate interstate commerce.
- 1965
Voting Rights Act
- Article
I Section 2 gives states the power to specify voting
qualifications
- The
15th Amendment (1870) provides that no person shall be
denied the right to vote on account of race, color, or
previous condition of servitude.
- The
Voting Rights Act sent registrars to southern counties
with low black registration.
-
Changing the
balance of power in the federal system -- Data from
National surveys:
- 1936
Gallup Survey: "Which do you favor, concentration of
power in the federal governments or in the state
governments?"
- 1939
Roper Survey: "Whiich do you think is the most honest
and efficient in performing its own special
duties?"
- 41%
Federal
- 17 -
Local
- 12 -
State
- 1941
Gallup Survey: "Do you think there is too much power
in the hands of the national government?"
- 1964
Gallup Survey:
- 28%
Federal government has too much power
- 35 -
Has right amount
- 31 -
Should use its power more
- 1995
Time/CNN Survey "Do you favor or oppose having the
states take over more responsibilities now performed
by the federal government?"
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