Day 2

before ratification they approved the previous one; they had to convince people
federalist papers are the argument that the federal constitution was good enough to govern the colonies

declaration of independence - drafted by thomas jefferson
federal constitution - signed by 55 delegates
federalist papers - james madison
john jay
alexander hamilton

declaration of independence
the political creed of the united states
1. self-evident truths
2. equality of all
3. rights - natural, unalienable
--right to life, liberty and pursuit of happiness
4. source of government power: consent of the people
--popular sovreignity, social contract
5.right to revolt against an abusive government- tyranny

two main ideas present within the constitution

ideology: a coherent set of ideas and beleifs used as the guiding principle - beleif system

american creed: the natural endowment that all men are created equal; natural traits, not given by another person. the examples

life liberty and property as said by john locke
life liberty and happiness as said by jefferson

where does the government get power from?
power comes from the people

feudal system
god
king - sovreign
people
-aristocrats, nobles
-serfs

serfs not bought but born into servitude

popular sovereignty transfer power (sovereignty) to the people

chattel property, native americans, slaves, indentured servants: all these were not covered under equal rights

right to revolt against abusive government (tyranny), a justification of rebellion

second part of the declaration is the grievances against the king

A. formal ammendment
1: proposal: a. proposed by 2/3 of congress (both HR and S)
b. 2/3 of state legislature can call a national convention for a formal proposal

both HR and S were established at the writing of the constitution

2: ratification a. (approval) either 3/4 of state legislatures
b. 3/4 of state conventions

judicial review is the power the courts have to declare a law unconstitutional if the law disagrees with the constitution

the separation of powers allow for a system of checks and balances
executive has the power to veto and congress can override

judicial review: the power to examine a law passed by congress

separation of powers

there was a model for the system of checks and balances
written by montesqieu: the spirit of the laws
thought that france was lacking in freedom
visited britain to examine its laws

concentration of power is a way to tyranny

informal basis: by an establishment of groups and traditions

restrictive or permissive

the constitution provides a stewardship view of leadership

1. constitutional president: only fulfills what the constitution expressly states as a duty

2. stewardship: only does not do what is expressly forbidden, and serves the people as much as possible

the government is allowed to do what is necessary and proper

the elastic clause: article 1 clause 18
states that the president and congress shall work to serve the people

3. unitary executive view:

CEO theory; bush claims extraordinary powers. introduced signing statements
signing statements:pre-interpretation of the law, a certain mindset that sees himself as a unit of power

lobbyists cannot interact with judges and so forth directly, so lawyers prepare breifs in the name of the "friends of the court"

i - issue, problem, reason for disagreement
r - rule of law; which law used to settle dispute
a - analysis and application of law in specific case, the facts of the case
c - conclusion, the ruling

justiciable case: whether or not there is a law
without a law, then congress must make a ruling

Democracy

in america, it is said that we practice democracy
the declaration of independence wanted a republic; a form of representative government without a monarchy

democracy comes from the root of the word democratia; demos meaning people and cratia meaning to rule

5 minimum characteristics of a true democracy
how do you define people? what are the people that rule?

1.equality - the system must insure that all are treated equal. equality: everyone is worth the same; equal opportunity means the rules are the same for all, procedural equality
equal results and outcomes, substantively
2. participation: all people must have the opportunity and capacity to take part in government in an effective and efficient manner
3. enlightened understanding - political education, emporeing education that gives knowledge and understanding
education: a. gives people sufficient training to acquire the skills needed
b. must be socialized, the process of learning the values of society, right and wrong
if education and socialization is the minimum, then the result is conditioning
c. enlightenment, self actualization, conscience maturation > the reasons for things

all three make empowering and critical reasoning
4.power, liberty, wealth
5. inclusion: on the basis of being human

power: the capacity to make something happen
liberty: negative; no restraint or impediment
positive; the capacity/ability to take responsibility
wealth: resource that has value

despite our hypocrisy, we are working for an ideal, perhaps an impossible ideal

democracies problem is the urgency of action: how can one see the necessity of doing something. education can fill that gap