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C963 Notes
American Politics and US Constitution (C963)
Western Governors University
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Module 1
Influence of the enlightenment
Lesson 1: Social Contract Theory
Society is not natural or God-given, but rather it is the product of
human intention designed for the purpose of furthering a collective
interest.
Society is defined by a social contract which is based on an
understanding of what it means to be human (i. human nature) and
of what natural rights we possess.
The purpose of a social contract is to enhance the potential of
human nature which is done through the protection of natural rights.
While any form of government can be used, the optimal form of
government is representative democracy (i. a republic).
Social contracts require continual renegotiation to remain relevant to
present-day circumstances. This renegotiation, which can be
conflictual, plays out in the democratic process. Failure to renegotiate
the terms of a social contract can lead to the dissolution of society.
Lesson 2: Enlightened Ideas in the Founding Documents
The influence of John Locke is front and center at the onset, with
explicit mention in the Declaration of Independence. Locke, however,
is replaced by Montesquieu in the Constitution, and largely in the Bill
of Rights (although some of Locke's ideas pop up from time to time).
This transition, from Locke to Montesquieu (with a short stop at
Rousseau), is a shift from natural rights to procedural rights. Natural
rights are those belonging to us individually, and which government
may not restrict without our permission. As one of the natural rights we
possess is the creation of society and government, this gives us
significant authority over the society we inhabit and the government
which regulates our activity.
Due process, on the other hand, is a procedural right. It is not part of
nature, so therefore is something we grant ourselves. The task of
providing this right we have given to government. As this is a right
we've given ourselves, it is also one we can take away. The
Constitution, and most of the Bill of Rights, is built upon procedural
rather than natural rights. This puts these two documents at odds with
the Lockean ideas enshrined in the Declaration of Independence.
Interestingly, both approaches strive for liberty. The Lockean
approach assumes that the liberty of being left alone is sufficient.
Therefore, it should be promoted and protected. Government, then,
serves us best by leaving us alone. The Montesquieu approach,
however, suggests liberty to be precarious. Therefore, the task of
government is to establish a frame of security within which liberty can
exist. One of the threats to liberty is democracy. The amount of
democracy, therefore, needs to be diminished. To offset this
diminishment of democracy, government is restrained by procedural
rights, which prevent it from becoming tyrannical.
But, there's a question here: Which set of these ideas defines the
American political process? Arguably, it is Montesquieu, since his
ideas underpin the Constitution and the Bill of Rights. However, the
ideas of Locke are still central to American politics. His idea of liberty
is not one easily relinquished. As we participate in the American
political process we still see both sides play out, despite them not
being easily reconciled. Conflict over these two sets of ideas, then, is
an inherent part of this process.
Module 1: The Influence of the Enlightenment Summary
The ideas of the Enlightenment are foundational to the development
and continual shaping of American society, economy, and politics.
Social order and political order are a function of natural rights, which
are a product of human existence in the state of nature. Society and
government are created to protect and advance these natural rights.
Key natural rights are life, liberty, and property, to which we are
individually and equally entitled.
- No power to regulate trade among the different states. Cheap goods could be imported
by great Britain making it harder to sell american made goods.
- At its foundation, the major problem with the Articles of Confederation was that, in the effort to limit the possibility of tyranny by the national government, the national government was not given enough power to effectively function.
- Because the national government was limited under what it could do under the Articles of Confederation, the United States had a weak economy and an international reputation of being weak among other countries.
- In order for the United States to survive, the weaknesses of the Articles of Confederation had to be addressed with the Constitutional Convention
You have just reviewed the structure, power, and main weaknesses of the Articles of Confederation that initially governed the United States.
Although this document was replaced by the Constitution in 1789, the enduring debates about the level of power within the national and state governments remains an important topic today.
This module showed that in order to be effective, the national government had to have enough powers for enforcement and leadership, which did not exist under the Articles of Confederation.
Module 3: The Constitutional Convention
The purpose of the Constitutional Convention was to address the issues and weaknesses created
by the Articles of Confederation. By 1786, it was clear that the Articles of Confederation were
not working for the newly formed United States of America.
Two competing ideologies.
Virginia Plan-Large States Plan, Bicameral or two legislative houses, power from the people.
Proportional representation. Representation based on population. Role of National government-
can legislate for states and veto state law.
New Jersey Plan–Small states plan, Unicameral or one legislative house, Executive
Appointment. Power from the states. Equal Representation. Each state equally represented. The
New Jersey Plan opposed the Virginia Plan because smaller states feared their interests would be
pushed aside by the more populous states. Role of national government-Provides defense but
does not override state authority.
The Virginia Plan called for a bicameral legislature consisting of two chambers with representation based on population. The New Jersey Plan opposed the Virginia Plan because smaller states feared their interests would be pushed aside by the more populous states. The New Jersey Plan called for a unicameral legislature in which states would have the same representation regardless of population. The Virginia and New Jersey Plans differed in their ideas of power that should belong to the national and state governments.
Lesson 6: Compromises at the Constitutional Convention
The Great Compromise satisfied the concerns over proper representation in the legislature by creating a bicameral legislature. The Three-Fifths Compromise satisfied the concerns of the South over the counting of their slave population by allowing 60% of the slave population to be counted for state representation and tax purposes. Separation of powers and checks and balances satisfied the concerns of those who feared the central government having too much power.
Module 3: The Constitutional Convention Summary
You have just examined the power structure and relationship between the states and the national government within the Constitution. Although there were many problems with the Articles of Confederation solving those problems was not easy as there were debates over just how much power the national and state governments should have under the Constitution. Ultimately, the decision to use a system of federalism proved to be a reasonable solution.
This module demonstrated that although the powers of the national government were strengthened they were strengthened through a defined set of authority, power, and restrictions for both the national government and the states. Further, you read that although powers were
Module 4: Federalist vs. Anti-Federalist Summary
You have just reviewed the competing political ideologies represented by the Federalists and Anti-Federalists prevalent during the Constitutional Convention and ratification process. The Federalists advocated for a stronger national government, while the Anti- Federalists feared a stronger national government and advocated for stronger rights for the states and greater protection for individual liberties. This module demonstrated that the creation of the Constitution was a compromise between competing ideologies and that our Constitution has provisions in it that speak to both what the Federalists and Anti-Federalists fought for.
Module 5: Separation of Powers & Checks and Balances
The separation of powers was designed to avoid the possibility of a tyrannical government that would ignore the rights of its citizens. Each of the three branches of government checks the other two and is, in turn, checked by the other two. The president has great power as commander-in-chief and chief diplomat. Congress passes legislation and must approve presidential nominations. Judicial review is the key power for the courts as a separate branch of government.
Lesson 9: Separation of Powers
The separation of powers was designed to avoid the possibility of a tyrannical government that would ignore the rights of its citizens. Each of the three branches of government checks the other two and is, in turn, checked by the other two. The president has great power as commander-in-chief and chief diplomat. Congress passes legislation and must approve presidential nominations. Judicial review is the key power for the courts as a separate branch of government.
Lesson 10: Checks and Balances
The system of checks and balances designed by the Founding Fathers was designed to prevent any one branch of government from becoming too powerful. They were generally successful in this effort. The various checks and balances are summarized below:
By Congress
Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
By Judiciary
Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary
Checks on Congress
By President
Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress)
By Judiciary
Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary
Checks on Judiciary
By President
The Constitution also created federalism. Power was divided between the national government and the state governments. Federalism and the separation of powers at the national level are quite different concepts, and they need not go together. The founding fathers included both in the Constitution as a means of limiting the power of the national government. This division reinforced the separation of powers within the national government. The system of checks and balances and federalism help to explain why it is sometimes difficult for the national government to come up with quick solutions to problems. Neither the president, Congress, nor the courts can guarantee that their views will prevail in determining what the national government does. The separation of powers and checks and balances will be essential to understanding the roles of the three branches of government that are discussed in later modules.
Begin of Unit 3
Module 6 The Legislative Branch
Lesson 12: Powers of the Legislative Branch
While not exhaustive, the powers just discussed will give you a good idea about what the framers of the Constitution decided Congress should do. Many of the powers granted to Congress were meant to correct some of the deficiencies of the Articles of Confederation; most of the powers are explicit in the Constitution's text although the power of oversight is implied. As a reminder, some of the key expressed powers of Congress include the power to tax, the power to regulate commerce, the power to borrow money and coin money, the power to declare war, the power to give advice and consent, and the power to impeach the president and judicial officials.
Lesson 13: How the Legislative Branch Makes Laws
How the Legislative Branch Makes Laws Lesson Summary
The legislative process is a lengthy and cumbersome one, and deliberately so. In an effort to maintain balance among the different branches of government, the Constitution placed checks on Congress’s ability to pass laws. In addition, Congress has added additional layers to the process through the use of the committee system. Recall that there are four types of committees that each serve various functions: o Standing Committees are permanent committees that address timeless, recurring issues. o Select Committees are temporary committees set up to address or investigate an issue not covered by one of the standing committees. o Joint Committees have members from both houses of Congress serving on one committee together. o Conference Committees have members from both houses of Congress and reconcile different versions of the same bill that has passed both houses to form a single unified bill that goes to the president.
The bill is introduced and given to the appropriate standing committee.
The bill is sent to the Rules Committee.
The bill is debated in the House of Representatives and Senate with the possibility of a filibuster in the Senate.
The bill is voted upon by the House of Representatives and the Senate.
The bill is sent to the conference committee to form one unified bill.
The unified bill is sent back to the House of Representatives and Senate to be voted upon.
The bill goes to the president for signature or veto. If vetoed, Congress has the ability to override the veto.
The U. Court System Lesson Summary
The founding fathers decided to create a complete system of courts for the new country. The federal judiciary consists of District Courts, Circuit Courts of Appeals, and the Supreme Court. District Courts deal with questions of guilt or innocence in criminal cases and who is responsible in civil cases. Cases will work their way up the system to either a circuit court of appeals or, in a few cases, the Supreme Court. The Supreme Court remains the major decision-making body for interpretations of the Constitution and evaluations of the actions of the other branches of the government. The system provides a means for interpretations of the Constitution to be determined. The importance of cases that come before the circuit courts and the Supreme Court is evidenced by the fact that parties not directly affected by the case become involved. They submit written documents (amicus curiae briefs—"friend of the court" briefs) in support of one side or the other in hopes of getting a decision that is in keeping with preferences on the broader constitutional issues being considered.
Lesson 20: The Evolution of the Judicial Branch
The Evolution of the Judicial Branch Lesson Summary
Now take a moment to review what you learned:
The U. courts pride themselves on two achievements:
o As part of the framers’ system of checks and balances, they protect the sanctity of the U. Constitution from breaches by the other branches of government.
o They protect individual rights against societal and governmental oppression.
The Constitution remains the key document for the government, and it is the supreme law of the land. The federal courts have a key role in determining which
actions of government at all levels are permissible and which ones are not permissible because they violate the Constitution or infringe upon the rights of U. citizens. The protection of these rights is an essential part of a democratic system.
Module 9: Power under the American Federalist System
Powers of the Legislative Branch Lesson Summary
Take a moment to review what you've learned in this lesson:
Giving the different types of powers to the national government and state governments within the Constitution has served to strike a balance of power between the states and the national government. While this balance of power was a great compromise between the Federalists and the Anti-Federalists, the constitutional clauses meant to limit states' rights demonstrate that the national government and the Federalists came out of the Constitutional Convention with more powers than had ever existed under the Articles of Confederation.
Expressed powers, also known as the enumerated powers of the national legislature, are found in
Article I, Section 8 of the Constitution. These powers define the jurisdictional boundaries within
which the federal government has authority.
implied powers are those powers used by the national government that are not expressly written
in the Constitution but that are assumed through interpretation.
One way in which Congress is able to use implied powers is the use of the elastic clause, or the
Necessary and Proper Clause, which enables Congress “to make all Laws which shall be
necessary and proper for carrying” out its constitutional responsibilities.
While the Constitution greatly increased the powers of the national government through the
creation of expressed and implied powers, there was a real fear among the states that all of their
Full Faith and Credit Clause
In addition to the Supremacy Clause, Article IV, Section 1, referred to as the Full Faith and
Credit Clause, requires the states to accept court decisions, public acts, and contracts of other
states. Thus, an adoption certificate or driver’s license issued in one state is valid in any other
state. How would you feel if your high school diploma, driver’s license, or your marriage
certificate were not accepted in another state? Because of the Full Faith and Credit Clause, you
do not have to worry about these things.
Privileges and Immunities Clause
While both the Supremacy Clause and the Full Faith and Credit Clause limit the states, so too
does the Privileges and Immunities Clause of Article IV, which asserts that states are prohibited
from discriminating against out-of-state residents by denying them such guarantees as access to
courts, legal protection, property rights, and travel rights. While the Privileges and Immunities
Clause prevents these special privileges to residents in its own state, this clause is also a means to
promote national unity across the entire country.
Lesson 22: Federal and State Power
McCulloch v. Maryland
In McCulloch v. Maryland, Chief Justice John Marshall argued that Congress could create a
national bank even though the Constitution did not expressly authorize it. Under the Necessary
and Proper Clause of Article I, Section 8, the Supreme Court asserted that Congress could
establish “all means which are appropriate” to fulfill “the legitimate ends” of the Constitution.
Gibbons v. Ogden
Gibbons v. Ogden (1824) presented a challenge to the Court to define and interpret the power to regulate interstate commerce given to Congress in Article I of the Constitution. In Gibbons v. Ogden, the Court had to interpret the Commerce Clause of Article I, Section 8. Specifically, it had to determine whether the federal government had the sole authority to regulate the licensing of steamboats operating between New York and New Jersey.
In this case, Aaron Ogden, who had obtained an exclusive license from New York State to operate steamboat ferries between New York City and New Jersey, sued Thomas Gibbons, who was operating ferries along the same route under a coasting license issued by the federal government. Initially, Gibbons lost in New York state courts and appealed. However, when the case reached the Supreme Court, Chief Justice Marshall delivered a ruling in favor of Gibbons that strengthened the power of the national government. First, interstate commerce was interpreted broadly to mean “commercial intercourse” among states, thus expanding the authority of Congress to regulate navigation, which was the issue at hand in Gibbons v. Ogden.
Federal and State Power Lesson Summary
Take a moment to think about what you learned in this lesson:
These two important Supreme Court cases illustrated how the Supreme Court expanded the power of the national government through the Necessary and Proper
Structural differences between the House and Senate have practical consequences for how the two chambers function.
In general, members of the House are closer to constituent demands while members of the Senate are further from constituent demands.
House members, due to district representation, represent narrower sets of interests than senators, who represent states.
The House runs by strict rules of procedure to keep the chamber on track because members serve two-year terms. Senators work at a slower pace and have more individual power because they serve six-year terms.
A key task of members of the House and Senate is raising money to run for reelection.
While efforts to regulate campaign finance have been attempted since the early 1900s, recent Supreme Court decisions have served to roll back these legislative efforts.
The Supreme Court's Citizens United decision gave rise to super PACs and a large influx of money into the electoral process, prompting concerns by some that the electoral process has been corrupted.
Incumbents are advantaged in various ways over challengers, resulting in very high reelection rates.
While it's often thought that federal elections are influenced by local concerns, recent research indicates that national concerns play a powerful role.
Lesson 24: Presidential Elections
Presidential Elections Lesson Summary
The election of a president is mandated by the Constitution to happen every four years. Beyond that, the process is largely undefined. Filling this void are political parties, which took on the role of nominating candidates for president and vice president. Initially, this process was controlled by party elites but has since become more democratic, with the power of nomination resting largely with regular party members.
Take a moment to review some key points that you learned from this lesson:
Presidential nominations are controlled by political parties.
Initially, party elites nominated presidential and vice presidential candidates, but today this power rests largely with regular party members. The primary election process, now used to select nominees, has nationalized and resulted in extending the length of the presidential nomination process. The order of states on the primary election calendar impacts the influence they have over the eventual nominee. Many candidates drop out if they do poorly early in the primary process. Electoral votes are what ultimately elect a president and vice president.
Lesson 25: How Candidates Get Elected
The initial phases when deciding to run for office set the tone for who will be legitimate. Overall, there is a deference for people with a higher socio-economic level. These are people with education, the right type of job, some wealth, and the connections needed to raise funds. It is not surprising that the professions most represented in Congress are former elected officials (mainly state and local), lawyers, and educators. 32 Likewise, it should be no surprise that the median net worth of a member of the House of Representatives is $843,507, and for a member of the Senate, $2 million. 30 The typical candidate for Congress, or the presidency, is probably not “us,” which raises questions about the representativeness of election outcomes. Those questions, however, will have to wait for another time.
Lesson 26: The Electoral College
The Electoral College Lesson Summary
The process for selecting a president and vice president differs from the selection of most other elected officials. At the heart of this difference are presidential Electors, who are the ultimate deciders of which candidate will serve as president (or vice president). The character of this method for election changes the dynamics of the electoral process, requiring us to consider presidential elections separately from ordinary elections. Take a moment to review the key points about the Electoral College that you learned in this lesson:
Presidential Electors are responsible for the election of a president and vice president.
Electoral votes are distributed among the states according to total congressional representation (the number of representatives plus the number of senators).
C963 Notes
Course: American Politics and US Constitution (C963)
University: Western Governors University
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