• THIS MORNING:
• How the American constitution system fragments power, diminishes political capacity, and hinders accountability.
• Public opinion and the media (if time).
• WHAT THE CONSTITUTION DOES:
• Rehash of yesterday's notes.
• Creates a republic, not a democracy.
• It also constructs a "moat" around "representatives"
• The electoral college and the indirect election of the president.
• A byproduct of the moat: divided power protects representatives from being held accountable.
• In order to limit government the constitution fragments power:
• Note: means important point.
• The shattered sword:
• Separation of powers
• Three semi-autonomous branches
• Look at the table on page 79 of Patterson, We the People
• Note in particular that many nations do not divide power as extensively as the American constitution does and yet remain "free."
• Checks and balances (e.g., veto, advise and consent, tax legislation, etc.)
• Impeachment
• Federalism
• National and state governments.
• See Patterson, We the People, Chapter 2.
• "Bicameralism" - two houses of Congress
• Independent constituencies
• Geographical representation
• Enumeration of specific powers; others left to the states.
• The Bill of Rights
• An independent judiciary
• Judicial review
• the Supreme Court has extraordinary power.
• Marbury Vs Madison
• The bottom line: all of these work against capacity and democracy

• AN ALTERNATIVE - "PARLIAMENTARY" SYSTEMS:
• Consider this solution to the problems of improving political capacity and enhancing accountability.
• A unified or parliamentary system
• Merge legislative and executive branches and reduce judicial review.
• Create "strong, disciplined" parties with leaders who have the power to force agreement.
• Change the function of the legislature by making it a deliberative and oversight body.
• Eliminate judicial review
• AN EVALUATION OF THE CONSTITUTIONAL SYSTEM:
• Like any political arrangement the constitution creates winners and losers.
• Some groups in society "fare" better than others under our system.
• It's absolutely not the case the constitution creates political equality.
• I'll try to demonstrate this point today and in the remainder of the semester.
• Advantages
• Protects political rights
• Give individuals and especially groups multiple points of access.
• Disadvantages
• Frequently thwarts majority preferences.
• A system in which the strongest survive and flourish.
• One reason why I say not everyone fares equally well.
• Hinders decisive action.
• Makes the assignment of responsibility difficult.
• Who do we blame for government's actions and inactions?
• The bottom line: all of these work against capacity and democracy
• Divided power protects representatives from being held accountable.
• Divided power suffocates government action
• NEXT TIME:
• Public opinion and the mass media
• Reading:
• Patterson, We the People, Chapter 3.
• As noted yesterday, read pages 65 to 84 reasonably carefully.
• The reading fills you in on the fragmentation of power (my term, not Patterson's) and how the founders' concerns about power and liberty worked their way into the document.

Go to Notes page

Go to American Political System page

Go to H. T. Reynolds page