The document outlines a lecture for a class on rewriting the US Constitution. It provides background on types of constitutions, principles for an effective constitution, debates during the original Constitutional Convention, examples of federalism, and positives and negatives of federalism. Students are assigned to write an outline for a new US Constitution, detailing what would change - what provisions would be added or removed and why.

1. POL 252-01
Spring 2016

5. INSTRUCTIONS
You have been appointed by President Obama to be on the
2016 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?

7.  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

8.  #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

9.  #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

11.  #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

14.  Changes had to be
unanimous
 National government
left with no real power
 Draft Soldiers
 Regulate Commerce
 Have Monetary System

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

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

21. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

22.  Decentralized Constitutional Review
 Concrete Review

23.  Centralized Constitutional Review
 Abstract Review
The French
Constitutional Council

27. ENTRENCHED
CONSTITUTION
 Support of legislative
majority
 Majority ofVoters AND
Majority of States in
Referendum
UNENTRENCHED
CONSTITUTION
 No amendment process
 No specific legal status
higher than laws
Austria Switzerland

32.  Protects AgainstTyranny
 Dispersion and Diffusion of Power
 Increases Participation
 Officeholders and Citizens
 Improves Efficiency
 Ensures Policy Responsiveness / Innovation
 Reduces Conflict

33.  Creates Complexity and Confusion;
Reduces Accountability
 Increases Conflict
 “NIMBY” – Not in My BackYard
 Creates Inequality
 Economic Inequality, Racial Discrimination
 Law enforcement and justice are uneven
 Expertise and money

35.  Power rests with national government
 National government delegates authority to
subnational (state / local) governments
 Case Examples:

37.  Subnational governments hold power
 State/local governments delegate authority
to central government

39. Nigeria and India are two cases
that illustrate the positive and
negative aspects of federalism.

40. NIGERIA
 Positive aspect of federalism
 Solve ongoing differences
by creating more states
 Why would simply adding
more states matter for
stability?
 New states favored by people
for two reasons:
 (1) Avoid domination by largest
ethnic groups and (2) Share in
country resources
INDIA
 Negative aspect of federalism
 Some Indian states have
witnessed high performance
 Example: State of Kerala
(Southern India)
 Example: State of Mumbai
(Western India)
 Other states have lagged
behind considerably