University Lecture Notes: Chapter 2 - The Constitution and Early Foundations and Structure of the U.S. Constitution
Introduction and Overview of the Constitution
- The study of American politics proceeds with Chapter 2, which focuses on the United States Constitution.
- This chapter is identified as one of the longest and most comprehensive sections of the course, covering the origin, contents, and basic rights established by the document.
- Key areas of exploration include:
- The historical process of creating the Constitution.
- The specific components and structural elements within the document.
- Fundamental rights and the reasoning/deliberations behind them.
- The implications and questions considered by the founders.
Defining Constitutional Democracy
- A constitutional democracy is defined as a system of government where powers are subjects to "recognized and enforced limits" on all government officials.
- The significance of the phrase "recognized and enforced limits" is that constitutions do not simply grant powers; they provide a framework for restraint and restriction on what government can do.
- In the context of state government, Texas is also a constitutional democracy which emphasizes four core values:
- Individualism.
- Liberty.
- Constitutionalism.
- Equality.
Historical Figures and Institutional Context
- Lyndon B. Johnson (LBJ) is referenced as a significant figure in constitutional history, particularly regarding amendment signings.
- The LBJ Presidential Library and Museum at the University of Texas is noted for containing:
- Gifts received by the President while in office. These gifts technically belong to the United States government. If a president wishes to keep a gift, they must have its value assessed and purchase it; otherwise, it remains in the library.
- An animatronic representation of LBJ.
- The Presidential limousine used during his term.
- Formal Constitution:
- This term refers to a constitution that is written down in a single document.
- The United States operates under a formal constitution.
- Informal Constitution:
- This refers to a system that lacks a single written constitutional document.
- The United Kingdom is the primary example cited for having an informal constitution.
- Power in such a system is derived through:
- Laws enacted by the legislature.
- Decisions made by the courts.
- Precedent Law: Based on "what has come before."
- Historical documents like the Magna Carta, which established that the monarch's power is not absolute.
Pedagogy and Defining Technical Terms
- The lecturer emphasizes the importance of defining terms clearly, sharing a personal anecdote about being an "excellent B plus undergraduate" who sometimes felt professors assumed students knew more than they did.
- The goal of the lecture is to ensure all students understand the specific terminology used in political science to avoid the common student experience of writing notes without full comprehension.
Early Governance: Compacts and Theocracies
- Compacts:
- A compact is a type of legal agreement that binds 2 or more parties to enforceable rules of government.
- Early settlers, such as the Puritans/Pilgrims, utilized compacts (e.g., the Mayflower Compact).
- Modern examples include "interstate compacts," which are agreements between two or more states.
- Theocracies:
- A theocracy is a religious-based government system.
- The Puritans established a theocracy in the early Massachusetts colony.
- Example of enforcement: In early Massachusetts, individuals could be jailed for failing to attend church on Sundays.
- The Puritan Migration:
- Before arriving in the New World via the Mayflower, the Puritans lived in Amsterdam in the Netherlands.
- They left the Netherlands because they feared their children were becoming too "Dutch" and wanted them to remain English.
Colonial Structure and Royal Grants
- Many colonies, including Maryland, New York, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, and Georgia, were established through Royal Grants from the English Crown.
- Proprietary Colonies:
- Most of these were proprietary colonies, meaning they were given to an individual (a proprietor) to own and manage.
- Proprietors essentially functioned as the owners of the land and decided how the colony would be structured.
- Founders of these colonies were generally not seeking to create entirely new systems ("world-building"); they were motivated by profit and land establishment.
- Consequently, they borrowed heavily from the familiar British traditions.
Historical Geography of the 13 Colonies
- The borders and identities of the original states differed significantly from their modern counterparts:
- North Carolina originally extended all the way to the Mississippi River.
- Andrew Jackson is claimed by both North Carolina and Tennessee because he was from a region of North Carolina that later became Tennessee.
- Virginia, West Virginia, and Kentucky were originally part of the same territory before being subdivided.
- Population Density: At the time of the founding, the vast majority of residents lived within a range of 15 to 100miles of the coastline.
- Movement further inland was limited by poor road conditions and difficult transportation.
Legislative Structures: Bicameralism vs. Unicameralism
- The American system borrowed the concept of Bicameralism from the British Parliament.
- Bicameralism: A legislature consisting of two chambers.
- British Model: House of Commons and House of Lords.
- U.S. National Model: House of Representatives and the Senate.
- U.S. State Model: Most states adopted an upper and lower chamber.
- Unicameralism:
- A legislature consisting of only one chamber.
- Nebraska is the only state in the U.S. that currently uses a unicameral system.
- Legislative Process:
- The U.S. adopted the British method for creating laws, involving a systematic process of introduction, discussion, debate, and voting, rather than arbitrary decrees by a single individual.