Constitutionalism

Constitution

the supreme law of the land

describes the basic structure and procedures of the gov

describes the basic rights and freedoms for individuals

Liberalism

govs exist to secure maximum freedom of individuals

ex. bill of rights

Democracy

the gov should reflect the will of the people

ex. constitution focused on elections, privileges, majoritarian institutions

Republicanism

political actors are delegated power by the people

ex. constitution stipulates that gov officials can’t use public office for private gain

State Constitutions

tend to mirror the federal constitution with notable exceptions

unicameralism in Nebraska

length and specificity is high in Alabama

Where did the Constitution come from

the failure of the 1st constitution - the articles of confederation - led to extra-constitutional action by representatives of 12 states

amendment procedures that generally require large super majorities (3/4 of states) for ratification

Who interprets the Constitution

everyone: SCOTUS and lawyers yes but the “rule of law” is a collective attitude— many people acting on the basis of their interpretation of their rights and responsibilities

How do people interpret the Constitution

Judicial Restraint: judges ought to decide the constitution’s meaning is solely on the text of the constitution; connected with “strict constitution” and “originalism”

Judicial Activism: judges ought to decide the constitution’s meaning based on how its larger themes apply to today’s society; connected with the idea of a “living constitution” though not the same

Why do we have the rights we do

Recency Bias: historical experience with the depravation of rights and with misbehavior of political leaders from Great Britain/King George

Why do we have the separation of powers

Colonialism: King George was concerned colonial governors would siphon too much wealth and precursors to the judiciary and legislatures were meant to oversee these governors

Why do we have an ambiguous executive

the inability of founders to define what executive power was; on one hand the framers were anti-king but on the other hand, they had recent experience with weak executives

When does the rule of law fail

when constitution actors no longer have fouls called on them