1. Constitutional foundations
LG: I will understand the foundation of the Constitution by analyzing separation of powers and checks and balances.

2. Introduction
Madison was concerned that government would be controlled by majority or minority factions
Constitution is a supreme and binding law that both grants power to the government and limits the power of the government

3. Madisonian Model (scared about government weakness)
Majority and Minority factions can threaten the government
Separation of Powers among three branches
Checks and Balances prevent one branch from being Omnipowerful
Federal System allows shared power between State and National Gov’t

4. Separation of Powers (one of Madison’s auxiliary precautions)
Allocation of constitutional authority to each of the three branches of the national government
To Madison, tyranny was government that controlled all 3 branches of government >> division of power among the legislative, executive, and judicial branches
Colonial experiences, i.e. excessive power in state legislatures >> need for strong executive
Danger of one branch combining forces with another branch >> checks and balances

5. I. Separation of Powers Tyranny of the majority
Intrinsic value of dispersion of power
Colonial government
Trial and error with concentration of power
The separation of powers is the distribution of constitutional authority among the three branches of government. It is the first step against tyranny of the majority. Political philosophers read by the educated citizens of the era, including John Locke and Baron Montesquieu, wrote about the intrinsic value of the dispersion of power.
The colonists had avoided concentrating power in their colonial governments, and their bad experiences with this confirmed their belief in the separation of powers.
Activity: Ask your class to list specific examples of the concepts of separation of powers, and checks and balances among the legislative, executive, and judicial branches. Using modern presidencies as a reference, ask your students to evaluate whether the checks and balances designed by the Framers of the Constitution are adequate to prevent the abuse of executive power.

6. II. Checks and Balances
Prevent separated powers from pooling authority
Each branch politically independent
Elected separately
The Framers added a system of checks and balances to the separation of powers. Madison’s idea to avoid autocracy, one person with unlimited power, was to give each branch the constitutional power to check the others. For example, Congress enacts legislation, which the president can either sign into law or veto.
Each branch is also politically independent of the others. Voters in each local district choose members of the House. Voters in each state choose senators. And the president is elected by the voters in all the states, through the Electoral College. The president appoints federal judges with the consent of the Senate.
The Framers also ensured that a majority of the voters could win control over only part of the government at one time. In an off-year (nonpresidential) election where a new majority might take control of the House of Representatives, the president still has at least two more years, and senators hold office for six years.

7. III. Political Parties & Interest Groups
Partisanship
Divided government
1. One party controls Congress
Other party controls presidency
Unified government
1. One party controls legislature and presidency
Political parties can serve as unifying factors, but strong allegiance to one’s own political party, called partisanship, often leads to an unwillingness to compromise with members of the opposing party.
Partisanship is intensified in situations of divided government, when one party controls Congress and the other party controls the White House. But research seems to indicate that just as many are passed during this as during unified government, when one party controls both the legislature and the presidency.

8. IV. More democracy Electoral College Franchise expanded
Direct Primaries
Initiatives, referendums, recall
Seventeenth Amendment
1. Senators popularly elected
The Electoral College was another provision of the Constitution meant to buffer against the majority. The Framers wanted the Electoral College, a system in which electors chosen by state legislatures choose the president, rather than leaving the job to ordinary citizens. That system is undermined now by the fact that most states pledge their electoral votes to the candidate who wins the popular vote in that state.
The kind of people allowed to vote has expanded from free, white, property-owning males to include all citizens over the age of 18.
Since the ratification of the Seventeenth Amendment in 1913, senators are no longer elected by state legislatures but are chosen directly by the people.

9. V. Changes in Technology
Televised government
24-hour news
Because of new technologies, today’s system of checks and balances operates differently from the way it did in We live in a time of instant electronic communication. Polls tell us what people are thinking about public issues almost from one day to the next.
These new technologies have added to the powers of presidents by permitting them to appeal directly to millions of people and giving them immediate access to public opinion.
New technologies have also given greater independence and influence to nongovernmental institutions such as special-interest groups and the press.

10. 2.2 Which of these was separation of powers instituted to prevent?
Here’s a quick question about the previous section.
Oligarchy
Tyranny
Monarchy
Federalism 10

11. 2.2 Which of these was separation of powers instituted to prevent?
The Framers feared tyranny, having fought a war against a king. They not only separated the powers of the three branches, but also created a system of checks and balances.
Oligarchy
Tyranny
Monarchy
Federalism 11

12. VI. Judicial Review Marbury v. Madison
Marshall gives Court power of judicial review: power to declare laws & acts unconstitutional
On his last day in office, president John Adams appointed a slate of federal judges, “packing” the courts with Federal judges. The commissions had been approved by Congress. When new president Thomas Jefferson saw that these commissions had not been delivered by the outgoing secretary of state, he decided to ignore them.
One of the newly appointed justices who never received his commission, William Marbury, appealed to the Supreme Court to issue a writ of mandamus, and order the secretary of state to deliver the commission.
Chief Justice John Marshall feared that if the Court issued the writ, Jefferson and Madison would ignore it. The Court would be powerless. If the Court refused to issue the writ, the judges would appear to support the Jeffersonian Republicans’ claim that the Court had no authority to interfere with the executive.
In a brilliant decision, Marshall declared that the Court had no authority to issue the writ because the law authorizing it to do so was unconstitutional.
Marbury did not receive his commission. Marshall and the Court gained an important power: to declare laws passed by Congress unconstitutional. The Court strengthened its position as the interpreter of what is constitutional.

15. Checks and Balances: Ambition to Counteract Ambition (one of Madison’s auxiliary precautions)
Background
18th century view of government as something to be restrained, and modern view of government as something to be used for the common good
Fear of tyranny among Founders >> distrust of government >> checks and balances as means of intentionally building inefficiency in order to prevent government abuse of power
Each branch is politically independent of the others; Each branch has a role in the actions of others
Power struggles among three branches (especially Congress and the president)
A majority of the voters can win control over only part of the government at one time
Independent national courts are provided

16. Modifications of Checks and Balances
The Rise of National Political Parties
In theory, should weaken checks and balances – a way of bringing the branches of government together. Constitution divides government, but parties bring people in government together.
In reality, however, parties are weak:
Dominance of only 2 parties >> each party has wide range of interests >> much disagreement within each party itself >> difficult to assert such strong control.
Prevalence of divided government, i.e. a president of one party and a congress of the other.

17. Modifications of Checks and Balances
Expansion of the Electorate and the Move Toward More Direct Democracy
Direct Primaries
Initiatives, referendums, recall
Changes in voting methods
Senators now chosen by people
Representatives are also chosen by people
Presidents chosen by electors who vote as the people have voted
Thus, members of two branches essentially chosen by same electorate >> weakening of checks and balances in theory; however, split ticket voting has changed this.

18. Modifications of Checks and Balances
Establishment of Agencies Deliberately Designed to Exercise Legislative, Executive, and Judicial Functions
Growth of federal bureaucracy.
Development of numerous agencies with legislative, executive and judicial functions.
Congress often grants broad authority to agencies and lets them carry out the general will of Congress, i.e. Congress established an IRS to collect taxes, and then granted the IRS authority to help write the tax code, enforce the tax code, and settle disputes over the tax code.
Thus, growth of bureaucracy has caused a weakening of checks and balances.

19. Modifications of Checks and Balances
Changes in Technology
Nukes, computers, satellite communications
Greater power to press/TV
Enhanced power of president, organized interests
Two views:
President, Congress, interest groups, media have all been able to take advantage of the new technologies >> strengthening of checks and balances.
President has been especially able to take advantage of these (“electronic throne”), i.e. “staged event” of Bush landing on an aircraft carrier >> weakening of checks and balances.

20. Modifications of Checks and Balances
The Growth of Presidential Power
Emergence of U.S. as world power after World War II.
Areas of “national interest” extend around the world.
U.S. is leader of free world.
U.S. is only remaining superpower after Cold War.
With such heavy responsibilities, any crisis seems to involve U.S. somehow.
These responsibilities need to be dealt with in a strong and efficient manner >> power has concentrated in executive branch (“imperial presidency”) >> weakening of checks and balances.

21. Judicial review and the "guardians of the Constitution”
Origins of Judicial Review
Framers did not specifically provide for judicial review
Marbury v. Madison (1803)
Court could not enforce an unconstitutional law (Section 13 of Judiciary Act)
Chief Justice John Marshall reasoned that judges should interpret the Constitution, not the President or Congress
Judicial review became established due to this case
A single person may challenge an existing law through judicial hearings