Constitution Look into my eyes. You are getting very sleepy. Very, very sleepy. When you awake, you...

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Transcript of Constitution Look into my eyes. You are getting very sleepy. Very, very sleepy. When you awake, you...

ConstitutionLook into my eyes. You are

getting very sleepy. Very, very sleepy. When you awake, you will not remember this class,

but you will know the Constitution by heart.

Textual Analysis

• analysis — • The separation of an intellectual or material

whole [in this case a text] into its constituent parts for individual study.

• The study of such constituent parts and their interrelationships in making up a whole.”

Analyzing Federalist #10

• The goal to be achieved• The definitions

• Faction• Democracy• Republic

• Sources and inevitability of factions• Methods of curing their mischief• Differences between a democracy and

a republic• How the pieces all fit together

Constitutional Principles: 1787

• CONSTITUTIONALISM -- We would have governments of limited and enumerated powers.

• REPUBLICANISM -- The powers of government would be exercised, not by the people directly, but by representatives chosen by the people. These representatives would likely be the right kind of people.

Constitutional Principles: 1787

• FEDERALISM -- The power of government generally would be divided between a national government and a number of state governments, and the states would remain sovereign in their own domain.

• SEPARATION OF POWERS -- To check the power of the national government executive, legislative, and judicial powers would be entrusted to separate institutions, and these institutions would have to agree before government could act.

Constitutional Principles: 1787

• BICAMERALISM -- To check the power of the most dangerous branch, the legislative branch, Congress would be divided into two chambers responsive to different electorates, and these two chambers would have to agree before laws could be passed.

• CHECKS AND BALANCES -- To check the power of the national government, each of the three branches would be given bits and pieces of the powers belonging in the main to the other branches.

A GOVERNMENT DESIGNED TO RESPOND TO BROAD CONSENSUS -- BUT NOT TO MERE

MAJORITY PREFERENCE.

• This government will frequently be unable to respond at all. Such a structure is an excellent mechanism for preventing tyranny so long as the only threat of tyranny comes from the government itself. A government isn't likely to hurt you if it's not doing anything.

• Such a structure may be less effective in a world where we are subject to the tyranny of a multitude of institutions other than our own government. And we have probably lived in such a world since the industrial revolution and the close of the American frontier.

A GOVERNMENT DESIGNED TO RESPOND TO BROAD CONSENSUS -- BUT NOT TO MERE

MAJORITY PREFERENCE.

• Since emergency or crisis tends to produce a kind of mob consensus, these institutions may continue to work pretty efficiently when we need them the most, even if they hardly work at all the rest of the time.

• In times of crisis, the mob consensus that allows government to function efficiently might form around bad policies as well as good ones.