EMII SG-1 - Module 2 Lecture Notes for exam prep Teacher - Brett Latimer PDF

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Module 2 Lecture Notes for exam prep
Teacher - Brett Latimer...

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(EMII SG) Exam Module II Constitutional Founding Study Guide 

American Synthesis o The Good Society  Order (Balanced with Freedom)  Internal and external government (control themselves, less cops) (state is closer to external government)  More virtue, more internal government – less external government  Less virtue, less internal government – more external government  Freedom  Rule of Law  Written out laws that apply to all; guide society o Synthesis of:  Classical Republicanism (Greco-Roman tradition)  Greek Tragedy (-) o Politics “R” Us o Pure Democracy o Slavery o Instability/Empire American Republicanism 

Greek Patriotism (+) o Res Publica (commonwealth) o Arete (wisdom, courage temperance, justice) Statesmanship (+) (aren’t infected by politics; aren’t control hungry)  Public Virtue Rule of Law (G) Political Science (Laboratories) Mixed government (M.A.D.) Freedom through governmental participation 

o o o o 

Christianity  Opiates Orioles (-) o Other-worldly  Christian humility o Superstitious o Predestination 

o Puny democracy Puritan Piety (+)

o “City upon a Hill” o Learning = revelation + reason o Autonomous covenantal community

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o More self-governance (G) – Political self-governance  Demotheocracy o Individual worth, rights and equality before God o Free will  Anti – g + state (Baptists) o Christian Calling – praise God in your specialty o Covenant + corporate communities  Massachusetts Bay (Puritan) o General Religion  Love of God  Love of Neighbor  Immortal Soul/Final Judgment European enlightenment (English tradition) and their own experience  Liberty (+) o Freedom from government (Greek thought it was freedom ‘through’ government)  Europe in Past (people can’t govern themselves in everyday life they don’t have the ability to choose those to lead them; their power of consent should be eliminated, and they should be rules by experts) o Scientific reason o Pragmatism – understand intellectual world as well as real world “Ivory Tower Syndrome” (understand deep concepts but not the reality of real life) o Structure – separation of powers o Anti g + state – the church and state could corrupt one another – not a good union o Lockean Liberty  Natural Equality/Rights  Social Contract  Consent – government doesn’t protect, we abolish o Right to revolt 

Liberation (-) o Pure Modern

God is dead; no past to look back on; start from year zero o Proxy for “the people” o Matching of six categories (3X +/-) 

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Rule of Law o Administration Law vs Governance Law  Administration  More voluntary  More individual (chess club; catholic church)  Have their own rules separate from other groups  What can they do? Fire you, excommunicate you, kick you out  Governance  Less Voluntary  What can they do? Put you in jail, charge you with a crime now on your record, give death penalty, take away life, liberty, and property o Rule of Law principles:  Generality – Must be general and should not single out individuals or groups for special treatment  In the laws (legislative)  Prospectivity – Laws must apply to future actions only (no ex post facto)  Publicity – Laws must be made available to be both known and certain  Consent – laws must be generally acceptable to those who must live by them  Original - Giving consent to a provision or law the first time, such as the ratification of Constitution  Periodical - Giving continuing consent at certain intervals (through means such as elections) to a provision or law to which original consent has already been given.  Due process – Laws must be administered impartially  In the action of the laws (executive)  (Crying, hot, blonde chick a.k.a. Lattimer’s wife) o Significance of the Rule of Law 

Its supremacy ensures no person can claim to be above law. It ensures adherence of principles of natural justice like: giving reasonable opportunity, impartiality of decision, etc. It leads to fairness, both substantive and procedural.

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Structure o Relationship of virtue and structure  All religious groups rely on virtue, with structure as a backup o Consent  Original  Amendments  Periodic  Voting in the “players”  Filters of consent  The leaders should be more virtuous than the average citizen  Complexity of consent o The house – 2 years, directly selected, close to the people, more about the money, population o President – 4 years, 2 terms; elected through filtering process (SL (state legislative), EC (electoral college), then P) o Senate – 6 years; 1/3 voted every 2 years, 2 for each state o President and Senate vote for chief justice (does it until he dies)  Staggered elections – think of the senate (every 2 years, 1/3, president, every 4 years) o Separation of powers  Rules maker (legislative) and rule enforcer (executive and judicial)  Bicameralism  House is more heated (closer to people, serve earlier), Senate is cool cream (in longer, more experience) o Checks and balances ("It takes two to tango") Prevents tyranny Separates roles None of the branches depends on the other for its authority Rule maker must recognize the possibility of an executive veto; rule enforcer must recognize the possibility of legislative override o M.A.D. (monarchy, autocracy, democracy)  House & Senate / Legislative - Democracy  Executive - Monarchy  Judicial – Aristocracy    

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Federalism type of government (unitary system and confederation) in which the power is divided between the national government and other governmental units  Constitutional structures  Delegated powers to national gov o Regulate trade o Declare war o Foreign treaties coin money o National defense o Immigration policy  Reserve powers for states o Regulate commerce between borders o Provide for a state militia o Police powers  Police and criminal justice  Marriage  Contracts  Education  Concurrent powers that are shared o Impose and collect taxes o Borrow and spend money o Establish courts at their level of gov o Enact and enforce laws o Build roads o Conduct elections o Promote health and welfare o Sovereignty

o

The power to make final decisions In actually the people separated into 2 governments Problems at the convention  Assumed that sovereignty cannot be divided  Proposals gave it to national government or states  States already had it and didn’t want to give it up  The people SHOULD be the true leaders who refer to National Government and the state, together (Federalism) (10th amendment – if powers not delegated, they do straight to the state/people) o Large Republic?  Argument of Small Republic  Rulers are physically close and checked by the ruled  Easier to maintain virtue  Small republics have fewer factions   

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Factions – all follow the same system  How do traditional and philosophically modern societies deal with factions? o Curing mischiefs of faction Removing causes  Destroying liberty  Give citizens the same opinions, same passions, and same interests  Controlling its effects o Small g and Big B (traditional and modern) o Take away liberty and force to think a certain way 

Madison's large Republic  We are going to have freedom and then we will control the effects or outcomes of freedom  Bring in lots of churches! Lots of variety! Less dominance! Everything neutralizes each other o The Great Compromise  MVP’s – don’t worry  Jefferson = States’ rights (national gov could threaten personal liberties)  Hamilton = National Supremacy (national powers should be broadly defined and liberally construed)  Virginia Plan (national government) + The New Jersey Plan (State Government)  Exercise of sovereignty and stability in large republics o House is based on % o Senate is equal for all states 

o How is federalism undermined? (chopping away at State Power)  $trings attached  17th Amendment  Commerce clause  Mandates o Why does federalism matter?   

Increases political participation (more affordable, keeps gov close) States are training grounds for national leaders Division of power

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Double security Conducive to a large republic  Unity with diversity – E pluribus unum Some things done better in national gov. as well as state and local gov.

o The undermining of federalism  Common core (education the same for each state) o Founders fundamental faith and fear  Faith: republican dream of govt. accountable to the dignity of mankind (city upon a hill))  Fear of failure, of killing the dream while the world & posterity watched Founding elements  Used already existing components  The four elements are republicanism, constitutionalism, natural law, and cultural traditions. According to the first idea, the American Founders sought to establish a republican form of government, which they often compared to the ancient Roman republic. (found this answer online) Articles of Confederation o Weaknesses o o o o

Had no ultimate taxing power No executive or judiciary Required a full unanimous vote (impossible) Look to chart in book

Constitutional Convention o Confidentiality o Compromise o Consensus o Creativity o VIP’s Visionaries – political philosophers, innovators – political scientists, phacilitators – politicians o Synergy 

o Serendipity o Calling o Call on high o Confidence Patronage - Had to gravel with your patronage to get anywhere (pucker up, kiss butt to move up; not what you know, but who you know); it’s a social system; unfair Primary readings (quotation matching): o Declaration of Independence o Look for ripping on the king o Constitution (up to but not including the Bill of Rights) o Pure sterile structure o Federalist Papers #10 o Factions – Madison’s argument for a larger republic o Federalist Papers #51 o Stuff about checks and balances

Documentaries: o o o o

The Birth of Freedom America: the Story of Us 1 Rebels America: the Story of Us 2 Revolution A More Perfect Union...