The US Constitution and Federalism
The United States Constitution as "Source Code"
The US Constitution is physically small, often described as fitting into a small "pocket pamphlet."
Despite its size, it serves as the "source code" for the basic structure and function of the United States government.
While there are enough law books to fill entire buildings containing federal and state laws, all of those laws are required to be faithful to the principles found in the Constitution.
A constitution is defined as a document that lays out the fundamental principles of a government, as well as the structures and procedures by which that government operates to fulfill those principles.
The Declaration of Independence and Economic Grievances
The Declaration of Independence is considered by some to be a more radical and principled document than the Constitution itself.
A primary rallying cry for the colonies in declaring independence was "no taxation without representation."
Beyond taxation, the lecturer highlights the impact of power in the private sector, described as "private sector tyranny."
This tyranny involved "private governments" or corporations having heavy influence over the public side of the government to set policies favoring corporate interests.
In this context, profit-seeking institutions put profits over people, leading to policies that upset the populace and triggered reactions.
The British East India Company and Private Sector Influence
The British East India Company is a key historical example of corporate influence on government policy during the colonial era.
Many members of the English Parliament were investors and shareholders in the British East India Company.
It was financially beneficial for these members of Parliament to use the company as a means to enrich their personal portfolios.
This conflict of interest led to colonial policies designed to create a favorable commerce environment for the company.
Specific legislative actions like the Tea Act were responses to the company's needs, which served as the primary inspiration for the Boston Tea Party.
The Articles of Confederation: The First Framework
The US Constitution was not the original framework of the American government; it was preceded by the Articles of Confederation.
The Constitution was not drafted until 1787, which was approximately six years after the war with the British had concluded.
The Articles of Confederation did not function well as a constitution for a national government; it was more of a loose set of guidelines or a "rule book" for an alliance of 13 independent nation-states.
Under the Articles, the 13 states were independent for all intents and purposes, banding together primarily in solidarity to expel the British.
Shays' Rebellion and the Impetus for Change
There were significant weaknesses inherent in the Articles of Confederation regarding what the government could and could not do.
The catalytic event that highlighted the flaws of the Articles was Shays' Rebellion.
The rebellion involved poor farmers, many of whom were Revolutionary War veterans who had been made promises by the government.
When the government failed to fulfill these promises and banks began to foreclose on their properties, these veterans rebelled.
The rebellion underscored the national government's inability to respond to internal conflicts effectively.
This incident inspired George Washington and other leaders to recognize the need for a better, more enduring framework to keep the coalition of states together.
Historical Comparison: The Bonus Army
The treatment of veterans in Shays' Rebellion is compared to the "Bonus Army" incident during the Great Depression in the 1930s.
A group of veterans arrived seeking their promised benefits and were met with force; they were fired upon by government troops.
General Douglas MacArthur led the operation against the Bonus Army, which is described as a "shameful chapter" in American history.
The Constitutional Convention of 1787
The US Constitution was created during the summer of 1787 when delegates from the 13 states convened.
Factions emerged immediately, with different groups arguing over competing visions for the future of the alliance or country.
Many participants did not yet view the United States as a single, unified country; that vision was restricted to only a few of the founders.
The final document was not a "perfect" or ideal plan for any of the participants; rather, it was a "bundle of compromises" that left most people somewhat dissatisfied.
Major Constitutional Compromises: Slavery and Representation
The Three-Fifths Compromise: This notorious compromise addressed the issue of slavery relative to legislative representation. The Constitution never uses the word "slavery," instead employing euphemisms like "other persons." The compromise counted enslaved persons as of a person for the purpose of increasing the representation of slave states in the legislature, without granting those persons any rights.
The Great Compromise (Connecticut Compromise): This addressed the structure of representation in the new national government. * Under the Articles of Confederation, each of the 13 states had one vote. * The compromise resulted in the bicameral legislature used today: the House of Representatives and the Senate.
Structural Designs: The Virginia and New Jersey Plans
The Great Compromise was a middle ground between two competing plans: * The Virginia Plan: Advocated for representation based on population. * The New Jersey Plan: Advocated for the retention of power by individual states, with equal representation regardless of population.
The legacy of this compromise persists in modern politics, particularly as population growth and extremes in population density vary across the United States.
Federalists versus Anti-Federalists
Since the Constitutional Convention, the United States has essentially been a two-party country.
The Federalists: Supported federalism, the new Constitution, and a stronger national government.
The Anti-Federalists: Resisted the new Constitution, remained skeptical of a powerful national government, and believed the mandate of the convention should have been limited to strengthening the Articles of Confederation to ensure states retained most of the power.
The Bill of Rights
The Bill of Rights consists of the first 10 amendments to the Constitution.
These were not part of the original document signed in 1787; they were a compromise required to win over the Anti-Federalists for ratification.
The Bill of Rights was drafted in 1789 and finally ratified in 1791.
Article IV: National Unity and State Relations
Article IV of the original Constitution defines the powers of state and national governments and helps establish a single national identity.
The Full Faith and Credit Clause: Requires that legal actions and documents (e.g., driver's licenses, marriage licenses, educational degrees, and ownership documents) from one state must be recognized across state lines.
The Privileges and Immunities Clause: Prevents states from discriminating against citizens of other states. It ensures Americans can travel freely without border checkpoints (with specific exceptions like California's agricultural stations).
Limitations to this clause exist, such as the differentiation between in-state and out-state college tuition.
Governance Principles and Interpretation
Separation of Powers: The division of government into three branches to balance power.
Federalism: The balance of power between the national government, state governments, and local governments to prevent power from being concentrated in one group.
Interpretation Debates: There is a conflict between "Originalism" (treating the document as a word-for-word textual rule book to be followed literally) and the "Living Constitution" (treating the document as a loose guideline of principles to be applied to modern contexts).
Textbook Reference: of the textbook includes a summary of the "Living Constitution" and "Taking Sides" on these interpretive approaches.
Critical Perspectives and Contemporary Scholarship
Legal scholars such as Sanford Levinson (University of Texas law professor) and Elie Mystal (author and law professor) argue against the "mythology" of the Constitution's perfection.
Elie Mystal is the author of The Black Guy's Guide to the US Constitution.
Critics argue that the Constitution has serious flaws and question who benefits from maintaining the narrative that the document is a "sacred" or "religious" text that cannot be touched or changed.
While the founders are often revered as wise and glorious, they themselves were willing to scrap their own original framework (the Articles of Confederation) after only five or six years to build something better.
Demographic Limitations and Inherent Contradictions
The "American Revolution" is described by some as failing to be a true "people's revolution," as it was designed to protect property and wealth, including people owned as property.
The Constitution originally mandated that fugitive slaves be returned to their owners.
The document established supremacy over indigenous people and their land.
At the time of its inception, only a tiny minority of the population () had actual political rights and legal protections. This group was restricted to white, land-owning, Christian males.