U.S.

1
U.S. Declaration, and Federalist Papers

• If men were angels, no government would be
  necessary.
• 51

2

• The Declaration was intended to be an
  expression of the American mind.
• Thomas Jefferson, 1825

3

• When the architects of our republic wrote the
  magnificent words of the Constitution and the
  Declaration of Independence, they were signing a
  promissory note to which every American was to
  fall heir. Their note was a promise that all men,
  yes, black men as well as white men, would be
  guaranteed the unalienable rights of life liberty
  and the pursuit of happiness.

4
Declaration as Syllogism

• All men are mortal
• Socrates is a man
• _____________
• (therefore) Socrates is mortal

• Men are by nature equal and have rights
• The purpose of govt is to protect these rights
• The present (British govt) is not protecting
  these rights
• ________________
• (therefore) these colonies have a right and ought
  to be free and independent.

5
Equality

• Does not mean equal in talent or intellect
• Does not describe the contemporary situation
  (e.g. slaves)

6

• They did not mean to assert the obvious untruth,
  that all were then actually enjoying that
  equality, nor yet, that they were about to confer
  it immediately upon them. In fact they had no
  power to confer such a boon. They meant simply to
  declare the right, so that the enforcement of it
  might follow as fast as circumstances should
  permit. (Speech on the Dred Scott Decision 1857)

Abe Lincoln
7

• In the State of Nature, All power and
  jurisdiction is reciprocal, no one having more
  than another (Second Treatise II.4)

8
The Freedom

• The freedom, then, of man and the liberty of
  acting according to his own will is grounded on
  his having reason, which is able to instruct him
  in that law he is to govern himself by, and make
  him know how far he is left to the freedom of his
  own will. II. 63.

9

• One cannot on the basis of this understanding
  treat another rational being as though he were a
  tool whose purpose is to produce for the benefit
  of the master
• John Alvis

10

• George Washington "there is not a man living who
  wishes more sincerely than I do, to see a plan
  adopted for the abolition of it."
• Letter to Morris, April 12, 1786, in George
  Washington, A Collection, ed. W.B. Allen
  (Indianapolis Liberty Classics, 1989), 319.

11

• John Adams "Every measure of prudence,
  therefore, ought to be assumed for the eventual
  total extirpation of slavery from the United
  States. I have, through my whole life, held the
  practice of slavery in abhorrence."
• Letter to Evans, June 8, 1819, in Selected
  Writings of John and John Quincy Adams ed.
  Adrienne Koch et al. (New York Knopf, 1946),
  209-10.
• Benjamin Franklin "Slavery is an atrocious
  debasement of human nature."
• "An Address to the Public from the Pennsylvania
  Society for Promoting the Abolition of Slavery"
  (1789), Benjamin Franklin, Writings ed. J.A. Leo
  Lemay (New York Library of America, 1987),
  1154.

12

• Alexander Hamilton "The laws of certain states
  give an ownership in the service of negroes as
  personal property. But being men, by the laws of
  God and nature, they were capable of acquiring
  libertyand when the captor in war thought fit
  to give them liberty, the gift was not only
  valid, but irrevocable."
• Philo Camillus no. 2 (1795), in Papers of
  Alexander Hamilton, ed. Harold C. Syrett (New
  York Columbia University Press, 1961-),
  19101-2.
• James Madison "We have seen the mere distinction
  of colour made in the most enlightened period of
  time, a ground of the most oppressive dominion
  ever exercised by man over man."
• Speech at Constitutional Convention, June 6,
  1787, in Max Farrand, ed., Records of the Federal
  Convention of 1787 (New Haven Yale University
  Press, 1937), 1135.

13

• Included in Jeffersons Original Draft of
  Declaration
• he the king of Britain has waged cruel war
  against human nature itself, violating its most
  sacred rights of life liberty in the persons of
  a distant people who never offended him,
  captivating carrying them into slavery in
  another hemisphere, or to incur miserable death
  in their transportation thither. this piratical
  warfare, the opprobrium of infidel powers, is the
  warfare of the CHRISTIAN king of Great Britain.
  determined to keep open a market where MEN should
  be bought sold, he has prostituted his negative
  for suppressing every legislative attempt to
  prohibit or to restrain this execrable commerce
  and that this assemblage of horrors might want no
  fact of distinguished die, he is now exciting
  those very people to rise in arms among us, and
  to purchase that liberty of which he has deprived
  them, by murdering the people upon whom he also
  obtruded them thus paying off former crimes
  committed against the liberties of one people,
  with crimes which he urges them to commit against
  the lives of another.
• From Papers of Thomas Jefferson, ed. Julian P.
  Boyd (Princeton Princeton University Press,
  1950), 1426.

14

• There is a natural aristocracy among men. The
  Grounds of this are virtue and talents. . .The
  natural aristocracy I consider as the most
  precious gift of nature for instruction, the
  trust and the government of society.

15
Lincoln

• They meant to set up a standard maxim for free
  society, which should be familiar to all, and
  revered by all constantly looked to, constantly
  labored for, and even though never perfectly
  attained, constantly approximated, and thereby
  constantly spreading and deepening its influence,
  and augmenting the happiness and value of life to
  all people of all colors everywhere. (Speech on
  the Dred Scott Decision, June 26, 1857)

16
Federalist Papers
17
Constitution Replaces the Articles of
Confederation

• The Articles of Confederation held the Colonies
  together (barely) during the revolutionary war.
  Problems with the Confederation
• Could not coerce member states
• Could not tax individuals living in the states
• Could not regulate trade between the states
• There was no executive branch the war was being
  run by committees. (see Fed 23)

18
Articles of Confederationproblems (cont.)

• Ultimate Sovereignty resided in the States as
  States, not in the union of the States under the
  Confederation.
• The Causes which produced the Constitution were
  an imperfect union, want of public and private
  justice, internal commotions, defenseless
  community, neglect of public welfare, and danger
  to American liberties. (Elbridge Gerry
  speaking in the First Congress of the United
  States)

19
Preamble to the US Constitution

• We the People of the United States, in Order to
  form a more perfect union, establish justice,
  insure domestic tranquility, provide for the
  common defense, promote the general welfare, and
  secure the blessings of liberty to ourselves and
  our posterity, do ordain and establish this
  Constitution for the United States of America.

20
We the People of the United States, in Order to

• form a more perfect union,
• establish justice,
• insure domestic tranquility,
• provide for the common defense,
• promote the general welfare,
• and secure the blessings of liberty to ourselves
  and our posterity, do ordain and establish this
  Constitution for the United States of America.

21
Constitution establishes a Republican form of
government

• we may define a republic to be. . .a government
  which derives all its power directly or
  indirectly from the great body of the people
  (Federalist Paper 39).

22

• The Constitution both creates (or grants)
  governmental power, and it helps to limit that
  power.
• The We the people phrase indicates the source
  of this governmental power is the people.
• But even though power comes from the people, the
  people do not govern directly.

23
James MadisonHelped craft the Constitution,
authored the Bill of Rights, Fourth President of
the U.S.

• the great difficulty is this you must first
  enable the government to control the governed
  and in the next oblige it to control itself.
  (Federalist Paper 51)

24
Checking and Controlling Power

• The Framers of the Constitution were all-too
  aware of the fact that power attracts both the
  best and the worst sorts of individuals.
• Question How to give enough power to the good
  individuals while restraining the bad ones?

25

• The first, and most obvious check on governmental
  power, is free and fair elections.
• However, elections must be supplemented with
  other controls a dependence on the people is,
  no doubt, the primary control on the government,
  but experience taught mankind the necessity of
  auxiliary precautions (Federalist 51).

26
Auxiliary Precautions(not mentioned by your text)

• No Titles of Nobility (prohibited by the
  constitution).
• There can never be an hereditary aristocracy or
  oligarchy that rules indefinitely.
• The rule of law
• Laws apply to everyone, even the lawmakers.
• Federalism
• The States as States do not disappear, and retain
  significant power not given to the Federal
  government (discussed more in Chp.3)

27
Auxiliary Precautions (cont.)

• 4. Separation of Powers
• Separate power into three distinct branches of
  government legislative, executive, judicial.
• The revolutionary experience of putting too much
  trust in elected legislatures had taught
  Americans that the problem of government was not
  executive power per se. It is the concentration
  of power.
• the accumulation of all powers, legislative,
  executive, and judiciary in the same hands. .
  .may justly be pronounced the very definition of
  tyranny
• Rest each branch on a separate pool of political
  authority

28
Auxiliary Precautions

• Separation of powers is also not sufficient to
  protect liberty.
• 5. Checks and Balances are required.
• Each branch must have a share in the power of the
  others. Do not separate the branches entirely
  because then they can not exercise a check over
  one another.

29
Federalist 51 and the argument for checks and
balances

• Unless the departments of government are blended
  the degree of separation essential to a free
  government can never be maintained (Federalist,
  48).
• The great security against concentration of the
  powers in the same department
• Give to each department the constitutional means
  and personal motives to resist encroachments by
  the others. . . Ambition must be made to
  counteract ambitionthe private interest of the
  individual (office holder) may be a sentinel over
  the public rights.

30
What powers are given to each branch that overlap
with the others?
31

• Separation of Powers and Checks and Balances
  are meant to produce inefficiencies in
  government. Why?
• To necessitate slow and deliberate policy making.
  To allow cooler heads to prevail, especially
  during times of crises or elevated passions.

32
Energy in the ExecutiveThe Presidency70
33
Unitary ExecutiveCreates Energetic Executive

• The Articles of Confederation held the Colonies
  together (barely) during the revolutionary war.
  Problems with the Confederation
• There was no executive branch the war was being
  run by committees.
• Could not coerce member states
• Could not tax individuals living in the states
• Could not regulate trade between the states

34
Federalist 70(Alexander Hamilton)

• There is an idea, which is not without its
  advocates, that a vigorous executive is
  inconsistent with the genius of republican
  government. Americans feared executive power,
  that it would become a source of tyranny.

35
Federalist 70, cont.

• Yet Energy in the executive is a leading
  character in the definition of good government.
  It is essential to
• 1. the protection of the community against
  foreign attacks
• 2. the steady administration of the laws
• 3. the protection of property
• 4. the security of liberty against the
  enterprises and assaults of ambition, of faction
  and of anarchy.

36
Federalist 70, cont.

• A feeble executive implies a feeble execution of
  the government. A feeble execution is but another
  phrase for a bad execution And a government ill
  executed, whatever it may be in theory, must be
  in practice a bad government.
• -- A. Hamilton

37
Federalist 70

• Taking it for granted, therefore, that all men
  of sense will agree in the necessity of an
  energetic executive it will only remain to
  inquire, what are the ingredients which
  constitute this energy?

38
Federalist 70

• The ingredients which constitute energy in the
  executive
• 1. unity
• 2. duration
• 3. thirdly an adequate provision for its
  support
• 4. competent powers.

39
UNITY IN THE EXECUTIVE

• That unity is conducive to energy will not be
  disputed.
• Decision, activity, secrecy, and dispatch. .
  .characterize the proceedings of one man. . .much
  more. . .than the proceedings of any greater
  number and in proportion as the number is
  increased, these qualities will be diminished."

40
Unity of Executive

• Unity may be destroyed in two ways
• by vesting the power in two or more magistrates
  (presidents) of equal dignity and authority
• Might lead to factional fighting, and division of
  the nation.
• 2. by putting it in hands of one man, subject in
  whole or in part to. . .counsellors to him.
  (I.e., Executive and an executive council)
• leads to delay and inaction

41

• Both these methods of destroying the unity of
  the executive have their partisans but the
  votaries supporters of an executive council are
  the most numerous.

42

• Differences between Legislative and Executive
  require different configurations.
• Virtues in a Legislature deliberation,
  counsel, debate, thoroughness.
• Virtues in an Executive prompt, swift,
  decisive, forceful, prudent.
• In the legislature, promptitude of decision is
  oftener an evil than a benefit. The differences
  of opinion, and the jarrings of parties in that
  department of the government, though they may
  sometimes obstruct salutary plans, yet often
  promote deliberation and circumspection and
  serve to check excesses in the majority. A.
  Hamilton (Federalist 70).