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.