1. THIS MORNING:
1. How the constitution affects democracy and political capacity.
1. The main argument is that it hinders or makes accountability difficult and slows, even prevents collective action.



2. THE FOUNDERS CONCERNS:
1. In Madison's words:
1. "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. [But] in framing a government, which is to be administered by men over men, the great difficulty is this: you must first enable the government to control the governed; and in the next place oblige it to control itself."
2. "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of society against the injustice of the other part."



3. WHAT THE CONSTITUTION DOES:
1. In their desire to control both majorities and minorities (Madison's two tyrannies) but also to create a stronger central government than what the Articles of Confederation provided the founders fragmented political power.
1. This fragmentation, which I call "the shattered sword," still structures government and politics in the United States.
2. Creates a republic, not a democracy.
1. The electoral college and the indirect election of the president.
1. See Figure 2.1 in Squire and others, Dynamics of Democracy
3. In order to limit government the constitution fragments power:
1. The shattered sword (copy on web site under these notes):
1. Separation of powers
1. Three semi-autonomous branches
2. Checks and balances (e.g., veto, advise and consent, tax legislation, etc.) (See Squire and others, Dynamics of Democracy, Chapter 2)
3. "Bicameralism" - two houses of Congress
4. Geographical representation and independent constituencies (Pay attention to this item because it is so important.)
5. Federalism
1. The advantages and disadvantages of "returning power to the states."
6. Enumeration of specific powers; others left to the states.
7. An independent judiciary
1. Judicial review gives the Supreme Court extraordinary power.
2. Marbury versus Madison
3. Judicial activism
4. The bottom line: all of these work against capacity and democracy
1. Divided power protects representatives from being held accountable.
2. Divided power suffocates government action



4. NEXT TIME:
1. Alternative constitutional systems
2. Reading:
1. Squire and others, Dynamics of Democracy, Chapter 2.
1. Much of this material illustrates and explains how the constitution fragments power.
2. My interpretation is the fragmentation goes too far.
2. Suggested: the Federalist Papers 10 and 52.

Go to notes page

Go to Political Science 105 main page