1/27 part 2 of Constitution
Principle of Federalism
Federalism refers to the distribution of power between the national government and the states.
It creates a dynamic of constant push and pull between the national government in Washington D.C. and state governments.
Assumption: there is an inherent tension in this dual system of governance.
Types of Bridges as Metaphors for Political Systems
The strength of political systems can be likened to types of bridges.
Arch Bridges: Classic design that relies on basic principles of construction (bottom-up strength).
Example: Roman aqueducts.
Suspension Bridges: The system's strength comes from constant tension and balance among various components.
Conclusion: The political strength in the U.S. resembles a suspension bridge due to the tension among government branches.
The Constitution: Introduction
Preamble: Serves as the introductory statement of the Constitution, outlining its fundamental purposes.
Not legally actionable but sets the tone for the Constitution's intentions.
Frequently cited line: “We the people of the United States…”
Six key purposes stated in the Preamble:
Form a more perfect union
Establish justice
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty to ourselves and our posterity.
Article One: The Legislative Branch
Article One establishes Congress as the legislative branch of the national government.
Each article in the Constitution begins with a vesting clause:
A vesting clause is an operative portion of a sentence that grants authority to an institution.
Example: "All legislative power herein granted shall be vested in a Congress of the United States."
Important Note: Vesting clauses are described as “magic legal language,” enabling legal authority through specific wording.
Bicameral System of Congress
Congress is bicameral, consisting of two chambers:
The House of Representatives
The Senate
Bicameral vs. Unicameral:
Bicameral: Two chambers in governance.
Unicameral: One chamber.
A notable example of a unicameral system is Nebraska.
The Great Compromise
Resulted from a disagreement between large states and small states regarding representation in Congress.
Apportionment: Refers to organizing representation based on various criteria (population vs. statehood).
Disagreement:
Large states supported representation based on population, arguing that it accurately reflects the citizenry.
Small states argued that equal representation of states was necessary, fearing bias toward populous states.
Resolution: A compromise led to a bicameral Congress where representation was based on both population (House of Representatives) and equal state representation (Senate).
The House of Representatives
Representation in the House is based on population. Thus, states with larger populations have more representatives.
Example: Florida has 28 representatives due to its large population, while North Dakota has only 1 due to fewer residents.
The Senate
Each state has two Senators, representing geographic areas more than the population directly.
Example: California (approx. 40 million people) has 2 senators, while the combined populations of the 22 smallest states also amount to 40 million people represented by 44 senators.
Conclusion: The Senate mandates equal representation geographically, which has implications for rural versus urban political power dynamics.
Political Parties and Representation
Founding fathers did not anticipate the rise of modern political parties.
States do not typically vote uniformly; there are both Republican and Democratic representatives from states like Alabama and Texas.
The assumption was that states would act collectively, but voting patterns have shown otherwise.
Conclusion of Conceptual Overview
The Senate's design serves to balance representation geographically and population-wise, reinforcing rural interests.
Its function implies significant implications for agricultural policies and political dynamics in the U.S., particularly between rural and urban areas.