Amending the Constitution

The Constitution can be changed, but it is a difficult process that requires a large majority of support. Because of this cumbersome process, as we shall see, only those changes that are supported by an overwhelming majority of Americans will become the law of the land.

The Amendment Process
Proposing an amendment
  - by 2/3 vote in House and 2/3 vote in Senate
  - by delegates at national convention called by Congress at request of 2/3 of states

Ratifying an amendment
  - requires approval of 3/4 of state legislatures
  - requires approval of 3/4 of state special ratification conventions

So, what we see is that if you want to even formally propose an amendment to the Constitution for consideration, you have to have roughly 66% of the people approve of it through their elected representatives. Then, for it actually to become law, it must be ratified by 75% of the states. (38 of 50)

Hence, there are only 27 amendments to the Constitution. Keep in mind, the first 10 were done right at the start (Bill of Rights). So really, the Constitution has been amended only 17 times in about 240 years.

Note how the amendments seem to come in spurts/phases. (See chart on p.82) This reflects the fact that the push for amendments only seems to come about after dramatic changes in American society.

Watch this video that briefly illustrates that same point. (Yes, I know its Rachel Maddow and therefore laced with bias sentiment, but get passed that to the meat of the conversation....amending the Constitution is hard)

Goals & Principles of the Constitution

How do we know what the goals of the Constitution were intended to be?
They told us.

- to form a more perfect Union
- establish justice
- ensure domestic tranquility
- provide for the common defense
- promote the general welfare
- secure the blessings of liberty to ourselves and our  posterity



Remember the basic functions we talked about in Unit I?

Just like we looked at some basic principles that would help us work towards our ideals of American democracy, we have principles that help us in our pursuit of the goals laid out in the Constitution.
Some basic principles of the Constitution








  - popular sovereignty
  - limited government
  - separation of power
  - checks & balances
  - judicial review
  - federalism

Ratification of the Constitution

Once the Constitution is presented to the people, they break into two camps; Federalists & Antifederalists

Federalists
   - want strong national government
   - supported by merchants, artisans, large farmers
   - believed large republic could best protect individual liberty

Antifederalists
   - feared a strong national government
   - supported by small farmers
   - believed only a small republic could protect individual liberty

How do you convince enough people to support the Constitution in order for it to be ratified?
The Federalist Papers
A series of essays penned and published widely in order to explain the virtue of the Constitution

Publius

Alexander Hamilton

James Madison

John Jay

Federalist Paper No.10

Federalist Paper No.51

Effective push for ratification, but they are still short Virginia & New York. Strong Antifederalist feelings demand guarantees that their liberties will not be usurped by an oppressive national government.
Madison's promise: A Bill of Rights

Founding Documents: The Declaration, The Articles, & The Constitution

Quick overview of Independence movement and revolution

So, the American Revolution really isn't a "revolution" in the sense that it does not seek to turn society on its head (i.e.- French Revolution). It is a more conservative "revolution" in that it seeks to maintain the order that exists. Its a power struggle. Imagine that. The colonies do not want to return to Britain the power of self-determination that they had enjoyed previously. How much power do you want? How much are you willing to give up? Therefore, the power-brokers of the colonies must find a way to keep their power. They will use force if necessary. But it must be justified. If you hold power, you don't want to set a precedent for rebellion against power. There must be specific parameters and justifications for rational people to look at. Welcome in the social contract theory and its hour of glory.

Ladies & gentlemen, Thomas Jefferson... 

See if these don't sound like legit reasons for a rebellion to maintain the power that you have.

But, if you are saying that you are not going to live under their rules anymore, what set of rules are you going to live under? Remember.. anarchy doesn't work. People are inclined to create order out of chaos. There must be order, so what is the order?

Enter the Articles of Confederation.

You fear the unitary power structure that England maintained, so what's the opposite? Confederal.

- One legislative body

- Equality of states

- Limited powers of Congress (see chart on p 48)

Problems become evident. Shay's Rebellion??

Let's regroup. How do we solve these problems.

Constitutional Convention 

James Madison, et al.

Virginia Plan

New Jersey Plan

Compromises

    - Great (see chart on p54)

    - 3/5 

    - Electoral College

Influences on the Formation of American Government

Important English ideas
- Representative government
     British Parliament - Lower House - House of Commons
- Limited government
     Magna Carta - 1215
- Individual rights
     Petition of Right - 1628; English Bill of Rights - 1689

Intellectual influences
- Judeo-Christian influence
     individual rights, individual responsibility
- Republicanism
     classic Republicanism; Machiavelli's Discourses on Livy; Montesquieu's Spirit of the Laws
- Enlightenment thought
     Locke's Second Treatise on Government (1690) ; Rousseau's The Social Contract (1762) ;
        Smith's Wealth of Nations (1776)

Who wants to think??
Locke's 2nd Treatise on Government
Rousseau's The Social Contract
Plato's Republic
St. Thomas Aquinas Summa Theologica

Ideals & Principles of American Democracy

Ideal - conceptual; something in its perfect state; often not achievable
So why have ideals? It gives you something to strive for

What are some ideals of American democracy?
- Liberty
- Equality  (see excerpt from deTocqueville's Democracy in America in text)
- Self-governance

Principles - values upheld despite the cost
If we hold fast to these principles, they help us move towards our ideals

Some key principles of American democracy
- Individual worth
- Rule of Law
- Majority rule w/ minority rights (liberal democracy)
- Compromise
- Citizen participation

Closely related to democracy is the American principle of ....
- Free enterprise


Do these ideals and principles illustrate your concept of the Utopian America??

Different forms and structures of government

Various forms of government
- anarchy
- autocracy
     - monarchy
     - dictatorship
- oligarchy
     - dictatorship
     - aristocracy
     - technocracy
- democracy
     - direct democracy
     - republic

How to organize government & distribute power:
- Unitary system
- Confederal system
- Federal system

Different types of democratic models:
- Presidential model
- Parliamentary model

Notably difference exists in how the chief executive of the government is chosen. By the people at large (Presidential model) or by the legislative body (Parliamentary model).

If the chief executive is chosen by the people at large, the position is somewhat set apart from the legislative body. Hence a State of the Union address has a certain decorum.

If the chief executive is chosen by the legislative body from one in their midst, the the position is not set apart from the legislative body. I give you..... Prime Minister's Questions.

What is Government?

What is government and why do we care?
That thing out there that can mess with your life

Relationship between power and policy
Power - authority & ability to makes things happen
Policy - actions taken by government towards a particular goal
Governments utilize power to execute policy

What is the difference between a nation and a state?
Nation - group of people sharing similar ethnic or cultural backgrounds
State - political unit with the power to execute policy over people living within a defined territory

Is the United States a nation or a state?

Theories of origin of the state
If you really want to get into it....

Other wise...
4 basic theories of origin of the state
- Divine Right Theory
- Evolution Theory
- Social Contract Theory
- Force Theory

5 basic functions of government
- ensure national security
- maintain order
- resolve conflict
- provide services
- provide for the public good

Welcome to United States Government 520

Welcome to the student resource blog for United States Government 520. Here you will find general lecture notes to help you in class or help you know what we are doing if you cannot be in class. In no way will these posts serve as a substitute for attending and being engaged in class. I do hope, however, that these posts will be a valuable resource for you.

Let's begin with the basics: the course syllabus and the course calendar. Should you ever lose your hard copy, both can be found here via Google docs.

Good luck to you this semester. And should you ever find yourself lacking motivation, remember, this course is required for graduation.