Slides

1. PO 379
Spring 2017

3. INSTRUCTIONS
As part of his plan to “Make Great AmericaAgain,”
PresidentTrump has created the 2017 Commission
to Redraft the United States Constitution.
Write a detailed outline discussing the
general layout of this new document.
What would the new document look like?
What provisions would be added and what would be taken out? Why?

5.  What are constitutions?
 Charters and laws of states
 Codified Constitution
 Written document
 Specific sections or articles
 Uncodified Constitution
 Collection of laws, customs,
norms, traditions
 Informal nature

6.  #1: Absolutist Constitution
 Centralized power to produce, change legal docs
 No popular participation in govt.
 Examples: Communist countries, Post-Coup
 #2: Legislative Supremacy Constitution
 Provides (1) institutions and (2) elections
 Three main characteristics:
▪ (1) Majority vote, (2) No authority, (3) No Bill of Rights

7.  #3: Higher Law Constitution
 Presence of State institutions
 Govt. power / authority given to people
 Scope of legislative authority
 Gives (1) rights and (2) amendment process

9.  #1: Definite
 Clearly define what it contains; easily understood and carefully worded
 #2: Comprehensive
 Cover whole of government; information on organization
 #3: Brief
 State necessary provisions; detail leads to disputes
 #4: Durable and Elastic
 Not rigid; flexibility and stability
 #5: Fundamental Rights
 #6: Suitable
 Suit social, political, and economic conditions of citizenry

11.  Empowering Officials / Organizing Politics
 “Rules of the Game”
 Resolve Background Issues  Important Debates
 Securing Rights
 Individual Rights
▪ Bill of Rights
 Political Rights
 Equality Rights
 Procedural Rights
Interconnectivity of Rights
1) Functional Connections
- “ReconstructionAmendments”
2) Political Considerations
3) Broad Principles

12.  Rule of Law and Credible Commitments
 Prosperity, Int’l Relations, Peaceful Cooperation
 What are credible commitments? Importance?
 Preventing Self-Dealing by Govt. Officials
 Use of authority for personal or professional gain
 e.g. PresidentTrump and Emoluments Clause
 Conflict Resolution and Minority Rights (“Mob Rule”)

13.  Promoting the Public Interest
 Selection of GovernmentOfficials
 Division of Power
 Federalism
 National Aspirations
 Fundamental Goals and Objectives
 Stopgap against poor decisions
 Constitutions as Compromises
 Importance of Concessions

15.  Originalism
 Original intent or original meaning
 “Reasonable person” at adoption, NOT today
 Textualism
 Focus on textual language – “as written”
▪ NOT “best guesses” or interpretation
 Difference from originalism
▪ “Congress shall make no law....freedom of speech.”

16.  Doctrinalism
 Emphasizes past precedents
▪ What has been said about Constitution over time?
 Example: Texas v. Johnson (1989)
 Supports common law reasoning
 Past legislative or executive branch decisions
▪ Example: Presidential Actions (United States v. Nixon)

17.  Structuralism
 General principles to explain institutions
 Examples: “Separation of Powers,” “Federalism,”
“Checks and Balances”
 Prudentialism
 Cost-benefit analysis of constitutional issues
 Goal: Interpretation with best outcome
 Should SupremeCourt really take up issue?
 Example: Chief Justice Roberts and National
Federation of Independent Business v. Sebelius (2012)

18.  Aspirationalism
 Fundamental principles of justice
 Obligation the Constitution be “best it can be”
 Which principles justify constitutional practice?
▪ Are actions consistent?
 Example: Justice Kennedy in Lawrence v.Texas (2003)
▪ “State is not omnipresent in the home”
▪ Private homosexual relations are allowed

21.  No power to draft
soldiers or pay for
military
 No power to regulate
commerce
 No power to tax

24. MADISON’SVIRGINIA PLAN PATERSON’S NEW JERSEY PLAN
Power given
to smaller states
Representation by
equality
Power given to
bigger states
Representation by
population

25.  Bicameral legislature
 Lower chamber
(House) based on
population
 Upper chamber
(Senate) based on
equality
Roger Sherman

26.  How should slaves be counted in
allocating congressional representation?
 Decision: Three-Fifths Compromise

28. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

34. JAMES MADISON PATRICK HENRY

36.  Responding to Anti-Federalist thought that
Constitution will bring tyranny
 Deals with separation of powers through
checks and balances
 “Ambition must be made to counteract
ambition”