Introduction to American Government Introduction to American Government Lecture 3: Constitution Susan B. Hansen 510 Woo Dong Hall Office hours: Monday 3-4:30 Cell: WEBSITE:

Governments Manage Political Conflict Governments allocate society’s resources, reflect society’s values, and enforce its decisions. Values People often disagree and fight over values Material Scarcity Leads to conflicts and even violence Political Violence This is always a danger if there are not agreed upon rules and laws

Legitimacy Coercive Force Managing Conflict in Society

Today’s Topics ► The US Constitution: Why? ► Structural rules to manage conflict ► Weaknesses of Articles of Confederation ► Balance limited democracy, natural rights, and effective, protective government ► The US Constitution: How? ► Bargaining, compromise at Philadelphia ► Ratification: consent of governed ► Explaining the Electoral College ► Details of Presidency, Congress, Bill of Rights, etc. in later lectures

1-2a Structural Rules ► Organization of government ► Procedures of government ► Distribution of power

1-2a Structural Rules Structural rules originate from: ► The U.S. Constitution ► State Constitutions ► Federal Laws ► State Laws ► Federal Courts ► State Courts

1-2b Policy Rules ► When government agencies make decisions within their jurisdiction, the result is called a policy rule. ► Government’s policy rules = public policy. ► Policy rules are developed according to the procedures established by structural rules.

1-2c The Biased Character of Rules ► Rules create winners and losers ► Rules are the center of vociferous debate ► Changes in rules = uncertainty, transaction costs

Issues at Philadelphia, 1787 ► Problems with Articles of Confederation ► Compromises necessary for ratification of new Constitution ► Concessions to states to persuade them to give up power ► Some controversial issues deferred: ► Voting requirements – left to states ► Slavery ► Make future changes in Constitution difficult so that the compromises would hold

2-1b The Articles of Confederation ► The National Government would only have the powers states granted it. ► States retain their sovereignty, or supreme power, within their borders. ► The National Government would only have power to negotiate foreign relations. ► The Articles did not provide for an executive branch.

States retain sovereignty No Executive Branch States grant powers Foreign policy run by Federal government

The Realities of the Articles ► States imposed tariffs; barriers to free market ► The wealthy class was unhappy with laws passed by state legislatures ► The government was deeply in debt; “voluntary” taxes ► No funds to build a navy; European warships threatening ► Plural executive; hard to make decisions ► Unanimity of states required for any action ► Individual States negotiated their own trade agreements with Europe

What is the best form of government? What are the interests of the people and the leaders? How can a government be organized that best meets the needs of all? Answers involved compromise, bargains, ambiguity, leaving issues to the states The Constitutional Convention ISSUES AND DEBATES

Guarantees to States ► No changes in their boundaries ► Equal representation in Senate ► State role in Electoral College ► Limited powers given to Congress ► 10th Amendment: Reserve Clause lets states keep traditional powers ► Major state role in amendment process ► Full Faith and Credit: states must respect each others’ laws (including slavery)

WHY the Electoral College? ► Distrust of popular vote – passions, tyranny of the majority ► Need for STATE role in selection of President ► Balance influence of large and small states ► Electors were expected to judge wisely

How the College Works ► Each state receives the number of electors equal to the number of senators (2) plus the number of its representatives. ► Political parties each choose electors, usually through their conventions. ► Electors cast their votes on the Tuesday following the first Monday in November. ► Whichever party wins the popular vote becomes the elector of its respective state. ► The electoral votes are read before both Houses of Congress on January 6.

How the College Works, cont. ► The winner of the presidency is the candidate with the absolute majority of electoral votes. ► If no candidate wins the absolute majority, the U.S. House of Representatives selects the winner from among the top three candidates. ► The President and Vice President are sworn into office January 20.

The U.S. Supreme Courts ends it all – but sets no precedent ► The Court rules that Florida must stop its hand recounts. ► The Bush team argues that Florida is violating the Constitution’s equal protection under the law provision. ► The Court rules that the standards for recounts are unclear. ► Bush wins. ► Most Americans accept the Court’s ruling to end the conflict, uncertainty

Direct Election of US President? ► Would require a Constitutional amendment ► 2/3 vote of House and Senate ► Ratification by 3/4 of states ► Smaller states likely to oppose it ► Vote count problems, as in Florida 2000, likely in many other states likely in many other states ► Majority winner unlikely if more than two candidates compete; runoff needed? ► The Constitution, despite its flaws, still legitimate

Conclusion ► The US Constitution is considered legitimate, despite its flaws ► Changing the Constitution is difficult; outcomes of “reforms” are uncertain ► Undoing the bargains and compromises of 1787 would reopen controversial debates ► Electoral College and divided government are likely to continue