The U.S. Constitution: Theory and Historical Context

Political Foundations of U.S. Hobbes/Locke/Montesquieu – Note that none of these theorists actually espoused democracies! Experience

Thomas Hobbes – Leviathan (1651) When “men live without other security than what their own strength and their own invention shall furnish them withal... there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth;... no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.”

Forms of Government Can characterize government on two dimensions: – Who makes the choices? – How much control is permitted? (i.e., what is the universe of options from which the choice is made)

Continuum of “Who Makes Choices” Autocracy Oligarchy Democracy Representative DirectResponsiblePopular

Pros and Cons of Democracy Cons – Inefficient – Cannot respond to immediate crises Pros – More stable Remember the Hobbes/Locke concern for consent of the governed - Locke’s “social contract” Democracy is one way to create a stable social contract – Normatively easier to defend

Populism Equality Popular Sovereignty = Majority Rule!

How Large Is the Universe of Options? Totalitarian (no limits) Authoritarian (informal limits) Constitutional Government (formal limits)

The U.S. Perspective on Constitutional Government James Madison, Federalist #51 “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. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

Classical Liberalism Equality Popular Sovereignty Liberty = Majority rule with minority rights

Pros and Cons of a Constitutional Government Cons – Some problems more difficult to address (crime, security, etc.) Pros – More stable

What Do We Have in the U.S.? Representative Democracy – Between Responsible and Popular Relatively Broad Suffrage Constitutional Government

What Do We Need to Make That Work? Because individuals are ultimately responsible for the choices government makes, we need – Trust in government – Sense of “political efficacy” – Knowledge of government

In Sum Many different types of governments can achieve the goals of having a government (creating order) Constitutional democracies may be slower and less efficient, but they are ultimately more stable because people are happier, less apt to revolt But in a constitutional democracy, it is the responsibility of every individual to understand how government works and to participate

Rebellion Stamp Act – 1765 Taxation without representation Cycle: – Enraged rhetoric by colonists – Response/sanctions by Britain – More outrage – steps towards rebellion

Continental Congress ( ) Ad hoc No formal authority Central “authority” for insurgents Declaration of Independence (1776)

Articles of Confederation ( ) Passed by Continental Congress and approved by all colonies “Confederation of states” – States held most of the power, not the national government – Power given to national government came from states, not people One house Congress, no permanent elected executive

Impetus for Change Economic crisis Threats of violence James Madison and Alexander Hamilton called for reform