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Next we are going to
explore the political structures and relationships created by the Founding
Fathers in the U. S. Constitution. One of the best ways to explore the
relationship between the great questions and the actual structure of
government is to read a wonderful piece by David Schuman. Read Schuman,
accessible here.
The Founding
Fathers:
Translating A
Particular View of People into A Political
Structure
from Federalist 51
"Ambition must be made
to counteract ambition....It may be a reflection on human nature that such
devices should be necessary to control the abuses of government. But what
is government itself but the greatest of all reflections on human nature?
If men were angels no government would be necessary....In framing a
government which is to be administered by men over men, the great
difficulty lies in this: you must first enable the government to control
the governed; and in the next place oblige it to control
itself".
As the quote above demonstrates, the
Founding Fathers had a particular view of the nature of people. According
to Schuman ("Politics As Evil People"--Reserve Reading #1), we live in a
society that thrives on its' citizens' self-ignorance, that is, we live in
a society that encourages us to live our lives alone--to live without an
understanding of our interconnectedness.
David Schuman's "Politics As Evil People"
Now that you've read Schuman's
article, here is a brief summary of the main points:
1) Schuman
argues that the Founding Fathers' thought that the fundamental "evilness"
of people resides in their rapacious self-interest. Self-interest is part
of human nature and is, therefore, unchangeable. What one should fear is
the possibility that like-minded "evil"/ self-interested people will band
together and try to "capture" government and then use it to further their
self-interests. The Founding Fathers didn't "trust" people. They thus
decided to create a system based upon the concept of DISTRUST.
2) The four
"fundamental precepts" which motivated the Founding Fathers' to create the
document they did, according to Schuman, are:
A) people could not be trusted to
rule themselves;
B)
there was and indeed is no need for a sense of public morality.
Morality is private.
C)
citizenship is based upon individuals being and remaining private. The
system depends upon materialism, self-seekingness, and the citizen being
trapped in a self-view;
D) there could be a rational
political system created that would work "in spite of"
people
3) The Founding Fathers were thus "convenience
theorists". They believed that individuals were by nature "evil" and
unredeemable. The most that you could then hope for was to create a system
that would utilize the individual's basic nature to "work against itself"
and protect the society through structural mechanisms.
4)
Schuman argues that our "political culture" has reinforced the Founding
Fathers' view of "us" and "politics". We are self-absorbed, distrust each
other, hate politics, etc.
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A Question
to Ponder: |
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The
Founding Fathers and the Humanities Base
All of you
have taken courses in General Education's Humanities Base program.
The issues central to the human condition that you explore in
humanities base courses are the tensions between:
1. Autonomy
and Responsibility
2. Individual and Society
3. Faith and
Reason
4. Human Beings and Nature
Are these fundamental
tensions addressed/ resolved by
the Founding Fathers in the U. S.
Constitution?
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The Basic Structure
of the Constitution
Let's look at the basic
structure of the U. S. Constitution and see how the Founding Fathers'
beliefs about human nature and state were translated into a political
structure!
1) The Legislative Branch
Bicameral: House (elected every two years to 2 year terms) and Senate
(staggered elections to 6 year terms) with
House elected directly by the people and Senate appointed by legislature
(changed in 1913 to direct election)
Expressed powers include: collecting taxes, borrowing money, regulating
commerce, declaring war, maintaining defense forces with all other powers
belonging to the states unless deemed otherwise by the "necessary and
proper" (elastic) clause
Exclusive powers: states are forbidden to issue their own paper money, tax
imports and exports, regulate trade outside of their borders, impair the
obligation of contracts
2) The Executive Branch
President elected to a four year term (maximum of two terms), elected
indirectly (Electoral College)
Powers: can recognize other countries, negotiate treaties, grant reprieves
and pardons, convene Congress in special sessions, veto congressional
enactments
3) Judicial Branch
Lifetime appointment by President with approval of the Senate
Powers: resolving conflicts between federal and state laws, determining
whether power belongs to state or national government, settling
controversies between citizens of different states
4)National Unity and
Power
Reciprocity among states: each state must give "full faith and
credit" to official acts of the other states, and guarantees citizens
of any state the "privleges and immunities" of every other
state.
5)Amending the
Constitution
Requires two-thirds approval in Congress and three-fourths adoption by the
states.
6) National Supremacy
The Constitution and national law are the supreme law of the land and
cannot be overruled by state law.
7) Ratification
Constitution becomes effective when ratified by nine states.
It can be argued that four "great notions" about politics (as
convenience)
can be discovered in the U.S. Constitution. They are:
1) social
contract
2) federalism
3) republicanism
4) structural checks:
(separation
of powers,
checks
and balances,
(judicial
review?))
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