KNOW YOUR PLACE
Build an Understanding of Our Government Structure and Your Place In It
CIVICS EDUCATION
US History classes, no matter where they are—AP classrooms, public schools, private schools, etc.—are notoriously lacking. They are lacking in every sense of the word—lacking diversity, truthfulness, completeness, adequacy, you name it. The famously poor quality of US history education in the United States is ironic in that it ill-prepares the next generation of young adults and voters to participate in our political system. We as a society expect people to make "informed" decisions about their party preference, which candidate they support, etc. without having a full understanding of our nation's history and how our government works.
In addition to US history classes white-washing and altering what actually happened, they fail to provide important information on how we as a democratic nation can reckon with our twisted history and create change. Though it wouldn't really be the responsibility of the science department to teach this, no classes in middle or high school education specifically teach children about what their duties and responsibilities are as American citizens. Yet again, this begs the question: how do they expect us to know what to do? How to register to vote? How to pay taxes? How to serve on a jury when summoned?
Ill-prepared no more! In this section, we will supplement the lack of civics education in American classrooms with a two-part curriculum on the constitutional foundations of our nation and how that has built the government system we have today and the people's relationship to their government, as seen through the Bill of Rights and how that delicate balance of power has changed throughout history.
*It's worth noting before we begin that this is by no means a complete history of the United States, merely just one piece of it to help inform your understanding of civics, and many of the historical figures referenced in the following sections were slimy and duplicitous despite their contributions to our democratic system.*
CIVIC DUTIES
REQUIRED
VOLUNTARY
Obeying the law. Following the laws of the land is essential to the legitimacy of the government, in other words the consent of the people to be governed.
Voting. Even though it is not mandatory in the US, voting is the most direct way to exercise your voice in politics and protect our democracy. And voting all the way down the ballot and in local elections is equally as important as the presidential election!
Paying taxes. Though we don't enjoy paying taxes, without them, the government would not be able to function.
Staying informed. A key aspect of being a citizen in a democracy is being informed about the happenings of our country. This helps us best contribute to our community and society.
Attending jury duty. Juries and citizen participation is a hallmark of our judicial system that is meant to promote democracy in all branches of governance. When summoned, we must attend.
Being involved in your community. Community involvement and betterment is key to a health and happy democracy.
Being drafted if necessary. Selective Service is the system by which (male) US citizens are drafted and called to service in the event of a war.
GOVERNMENTAL ANATOMY
Here we'll examine our government structure as a system of power in order to gain a better sense of where we, the people, come into play.
During the time of the Constitutional Convention in 1787, Alexander Hamilton, John Jay, and James Madison published a series of essays in defense of the proposed Constitution under the pen name Publius in several New York newspapers. The Federalist Papers offer insight into the debate and philosophy behind the Constitution that forms the government we have today.
Through this adapted and abridged dialogue from the authors of the Federalist Papers and the opposition to the Constitution that they responded to, we seek to provide you with a deeper insight into why our government is the way that it is and where you as one of "the people" fall into that system.
Because the Articles of Confederation proved to form an inadequate and inefficient government, we must now consider the new Constitution for the United States of America. The fate of our nation, the existence of the Union, and the safety of our people depend on this document, the importance of which is herein self-evident.
Alexander Hamilton
HISTORY: Delegates from each of the 13 states gathered at the Constitutional Convention in 1787 in Philadelphia, PA, to draft the Constitution we have today.
Alexander Hamilton
The opposing parties will inherently speak their opinions louder with the hope of gaining more supporters. One side will stigmatize their government-of-high-energy and high-efficiency opponents as sacrificers of liberties. On the other hand, those who fear all threats to the rights of the people will be seen as fishing for popularity at the expense of the common good.
The failure of the Greek and Italian republics and the frequent insurrections and revolutions suggest that free government poses a threat to the order of society.
The Opposition
Alexander Hamilton
The peace and liberty of the States depends entirely upon the strength of the Union. Political science, as all other sciences, has improved throughout history. We now know what the ancient republics did not—how effective the distribution of power, check and balances, judges with good behavior, and elected legislators can be at preserving stability.
Republican government is limited to a small confined region, given the requirement to assemble in person.
The Opposition
James Madison
Those who claim that republican government is limited to a narrow landmass conflate a republic with a democracy. In a democracy, the people meet and carry out the government in person. In a republic, they assemble and administer government through representatives. Where a democracy may be limited by size, a republic can extend far wider. The natural limit of a republic is the distance from the center which allows representatives to meet as often as is necessary for the execution of public affairs.
NOTE: When the Founding Fathers talk about "republican government", they are referring to little-r republicanism, which is the type of government structure, not the political party (which is Big-R Republican).
A large federal government poses a threat to our individual liberties and has the potential to accumulate and consolidate power into tyranny.
The Opposition
Those who object to the breadth of the federal government must remember that the general government is limited to those enumerated powers applying to all members of the republic, whereas State governments may use their authority to care for all other subjects. If the Constitution set about to eliminate the State governments, the opposition to the general government would carry some weight, but that is not the case.
James Madison
The central purposes of the government outlined in the Constitution are as follows: to secure the common defense of the members, to preserve the public peace from external and internal attack, to regulate commerce with other nations and amongst the States, and to manage foreign relations.
Alexander Hamilton
NOTE: In the above passage, Alexander Hamilton refers to the Preamble of the Constitution, which broadly outlines the responsibilities of our government.
Isn't there a contradiction in giving the federal government the responsibility of the common defense, but giving State governments the powers needed to carry out that duty? Is this need for co-operation not a consequence of this system of government?
Alexander Hamilton
NOTE: One of the biggest points of contention at the Constitutional Convention that persists even in today's politics is the tension between state and federal power.
We can all agree that it is unwise and dangerous to give the federal government unlimited authority. It requires the vigilance and careful attention of the people to ensure that it is carried out safely as it was intended.
Alexander Hamilton
Other confederacies which have failed serve as a warning to us of what we may do differently. As such, we should aim to avoid the errors of the past experience of other countries and our own errors, and thus provide a method of rectifying errors as becomes necessary in the future.
James Madison
Energy in government is necessary to protecting against external and internal danger and to properly execute the laws that make for good government. On the other hand, however, stability in government is essential to national character and to provide confidence in the minds of the people, which makes for good civil society.
James Madison
NOTE: Similar to state versus federal power, the balance between big government and limited government is a key point in our political system that is still contested today. (When you hear Republicans refer to Democrats as proponents of big government, this is the idea they are referring to.)
Should the government be strictly republican in its form and function?
The Opposition
No other form of government would encapsulate the genius of the American people, the fundamental principles of the Revolution, and the determination and freedom of self-government.
James Madison
James Madison
Based on principle, we shall define a republic to be a government that derives all its power directly or indirectly from the people, that is executed by individuals holding their offices for a limited period of time during good behavior. As such, it is essential to such a government that its power stem from the great body of society, not from a particular proportion or a favored class, as this would lead to tyrannical nobles using their power to oppress others and claim the government as their own.
The decision to approve this Constitution and form the republic must be unanimous from all the States. If the people were consulted in the ratification of the Constitution, the will of the majority would bind the will of the minority, and thus it must be unanimous.
James Madison
Is the government a federal or national government?
The Opposition
The proposed Constitution is a hybrid of a federal and national government. Because each of the States enter into the Union voluntarily and retain some of their sovereignty, it is federal in its foundation. But, in the execution of the powers of the government, it is national. In the case of introducing amendments, it is neither totally federal or national.
James Madison
Are any powers given to the federal government unnecessary or improper? Is the sum of those powers dangerous to the jurisdiction of the States?
The Opposition
We must decide if a power is necessary to the public good and, if yes, we must guard this power against it being twisted to the public detriment.
James Madison
The legislative, executive, and judiciary departments should be completely separate and distinct.
The Opposition
Those who believe this argue that the structure of the federal government otherwise does not preserve liberty. But, the branches of government are blended and power is distributed among them in such a way as to prevent being outweighed or crushed by the disproportionate power of other parts.
James Madison
NOTE: These passages refer to the three branches of government—the legislative (Congress), the executive (the President), and the judiciary (the Supreme Court).
Each branch is outlined in Articles I, II, and III of the Constitution, respectively.
Should the power of the legislative, executive, and judiciary branches accumulate in the same hands of one, few, or many, whether hereditary, self-appointed, or elective, may be the very definition of tyranny. If the federal Constitution should ever allow for this accumulation of power or have a dangerous tendency towards such accumulation, we should inquire about changing the system.
James Madison
Rather than having occasional appeals to the people, periodical appeals to the people seems the most adequate way to prevent and correct against infractions of the Constitution.
Alexander Hamilton or James Madison
The aim of any political constitution should be to, first, obtain rulers who possess the most wisdom, the most virtue, the common good of society, and, second, to take the most precautions for maintaining their virtue and the public trust. The means of doing so in an elective republican government are numerous.
Alexander Hamilton or James Madison
Not the rich, more than the poor; not the learned, more than the ignorant; not the heirs of distinguished names, more than the humble sons of obscure homes. The electors should be the great body of the people of the United States. And, those chosen by the public should not be restricted by wealth, birth, religious faith, or civil profession.
Alexander Hamilton or James Madison
Who should be the electors of the federal representatives?
The Opposition
NOTE: These passages refer to Article I, Section 2, which outlines the House of Representatives as one of the two chambers of Congress. Where the House is based on proportional representation, the Senate is based on equal representation. Until the 17th Amendment was passed in 1912, Senators were elected by State governments.
Alexander Hamilton
The writers of the Constitution projected their aversion and apprehensions of monarchy in the President of the United States. The President will be an elected officer for four years, where the king of Great Britain is a perpetual and hereditary prince. The President can be subject to punishment and disgrace; the king is sacred and untouchable. The President has a veto power than can be overturned by the legislative body; the king has absolute veto power. The President has the right to command the military of the nation, but the king can declare war. The President must collaborate with the legislature to make treaties, where the king has sole power over Britain's treaties. The President must gain Congress's approval for appointments, where the king is the sole author of all appointments. The President cannot strip nor grant citizens rights or privileges, where the king can make noblemen of commoners and vice versa.
NOTE: This passage refers to Article II, Section 2, which the establishes the powers of the President.
Alexander Hamilton
When considering the separate branches of government, the judiciary will always be the least dangerous to the rights of the Constitution, as it has no influence over the sword or the purse, no say in the wealth of the republic, and no active resolution. The judiciary has neither force nor will, merely judgement. By comparison, the judiciary is the weakest of the three departments of power and cannot attack the other two with any success. And, though individual oppression may proceed from the courts of justice, the general liberty of the people cannot be threatened by the judiciary, so long as it remains distinct from the legislature and the executive.
NOTE: This passage refers to Article III, which outlines the judicial branch and the Supreme Court.
REFLECT
1
What surprised you most about the philosophy behind the Constitution or things you didn't know were in the Constitution?
2
What did you notice about state versus federal power?
3
What do you make of the tension between big and limited government?
4
If you could change one thing in the Constitution or about the philosophy behind it, what would that change be and why?