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| | {{Government Lectures}} | | {{Government Lectures}} |
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| | + | The United States is the only nation in the history of the world that is founded on an '''''idea'''''. And what is that "idea"? The Constitution. |
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| | + | This lecture is to review the key parts of the course, particularly the Constitution and how it works. Let's begin by considering this quotation: |
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| | + | {{cquote|Of the various structural elements in the Constitution, separation of powers, checks and balances, judicial review, and federalism,... federalism was the unique contribution of the Framers to political science and political theory. Though on the surface the idea may seem counter-intuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one. 'In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.' The Federalist No. 51, p. 323 (C. Rossiter ed. 1961) (J. Madison).}} |
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| | + | This is taken from an opinion by Justice Kennedy in the U.S. Supreme Court decision of ''United States v. Lopez'', 514 U.S. 549, 575-76 (1995), in which he agreed (concurred) with the majority of the Court but wrote separately to express his own view. |
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| | + | If you can understand and explain every aspect of the above quote, then you have a good knowledge of American government. As a way of review, let's analyze each part of Justice Kennedy's statement. |
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| | + | == "the Constitution" == |
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| | + | Justice Kennedy's reference to "the Constitution" is to the United States Constitution, which was written during the Constitutional Convention in Philadelphia during the hot summer of 1787, completed in September, and sent to the 13 states (former colonies) for ratification by at least 9 of them. The "Federalist Papers" were written anonymously by Alexander Hamilton, James Madison and John Jay in order to persuade the people of the large state of New York to ratify (approve and adopt) the Constitution. We now know which person authored which Federalist Paper (each one was published separately in a New York newspaper as the debate progressed), and James Madison is indicated in the above quote as being the author of the 51st Federalist Paper. |
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| | + | The Federalist Papers are important today for their usefulness in interpreting what the Constitution meant at the time (the "original meaning" of the Constitution). Today "judicial activists" think the Constitution should be given a different meaning based on today's culture and values, while "textualists" and "originalists" interpret the Constitution to mean the same today as it did when it was written in 1787 and ratified by 1788. |
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| | We take another look at the U.S. Constitution this week, including the most important U.S. Supreme Court decisions over the last 220+ years that have interpreted it. | | We take another look at the U.S. Constitution this week, including the most important U.S. Supreme Court decisions over the last 220+ years that have interpreted it. |