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?

Impeachment Background Whitewater Independent Counsel

Appointed Clinton v. Jones Starr Report

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

Implications Meanings of Constitution are fuzzy Encourages strife Promotes flexibility

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

Miscellaneous Amendments campaign finance reform school prayer abortion Flag burnings

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.