Introduction to the Constitution with Hillsdale College Professor Larry P. Arnn Videos 7-8
https://online.hillsdale.edu/course-list
Video 7: Reason and Passion
reason outweighs the passions
-problem latent in majority rule
-the majority has the right to express the will of the people as a whole, it is important that its decisions be products of calm reason and not volatile passions
-a democracy is just as capable as a monarchy of becoming tyrannical
-Founders designed the Constitution to enable the people as much as possible to make well-reasoned laws that are beneficial to the common good
***Side note: British Constitution,Magna Carta, was issued in June 1215 and was the first document to put into writing the principle that the king and his government was not above the law.
-American constitution longest living in all of history, why?
Gives effect to consent through representation
Locates all the sovereignty in the people not the government
-no one in government can say they are acting alone in his own will
Excludes the sovereign from the ordinary operation of the government
-places a check on the sovereign as well-ruled by reason-things should be talked through before making decisions and should not be our passions
-enthusiasms come and go-reason talks over a long period of time-long term purposes-
-passions come and go and will not withstand the 6 years is take to change the government then reason outweighs the passions
-conviction-Madison-connection between people and government
-power to government but ultimate authority to the people
-prescribes how the people must hold opinions over time is most effective
-delegate more authority in more than just one place
-legislative power to the congress-article 1 of the constitution
-executive power to the president-article 2 of the constitution
-they each have their own relationship with the sovereign people
-they are equal that guards authority
-judicial power to the courts-article 3 of the constitution
-article 1 and 2 combined appoint judges
-leave most of the power in the hands of the states
-protect the state-article 4 of the constitution
***see the symmetry and centric and strength-in this consent of the sovereign
-Government by consent-we see these truths to be self-evident-secure these rights
-God-natural law-we the people-government-separation of powers
-Government should be grounded in the people and powers are so arranged that drives the government
***a way of arranging the government so we can control it, and it can protect our freedom with sufficient power to do
Video 8: Separation of Powers
-built on the principles of equality, consent, and rule of the majority, the Constitution provides the sovereign people with the means of effective and reasonable self-governance
-as the sovereign, the people separate the three functions of government into departments and delegate specific powers to each, which protects against tyranny and preserves liberty
-the principle of separation of powers helps the people maintain control of their government.
-separation of power:
-kinds of powers we have in government are divided into different branches and same people don’t hold them at the same time-means more than one person running the government all the time and in its different functions & more than one group is running them
-James Madison says it's the most important thing about the constitution and gives the constitution structure
What are the grounds for the separation of powers?
-Federalist papers Madison makes a point & Hamilton says the judiciary is the least dangerous of all three branches and the house of representatives is the most dangerous of the branches
-house of representatives closest to the people and power of the purse
-the seed is that all men are created equal so no one can be governed unless by their consent
-have unanimous consent to form the republic then majority rule to decide things
-country is rooted in the gift of speech we have-always going to have laws-laws are built on some agreement-final cause of the nation makes the people strong
-monarchy makes the eldest son of the the oldest family the most powerful
-sovereign is the strongest then the sovereign is the most dangerous thing against a monarchy
-only thing that can cause imbalance is the sovereign-where all power is unto itself
-all men are created equal, therefore they may be governed only with their consent.
- Therefore, the majority will be sovereign. Therefore, the majority will be the most dangerous thing.
-how does the sovereign going to operate alongside the government
-where do they put the sovereign in the government
-Madison 63rd federalist-unique-we put the sovereign on the outside-which means they can get out of hand-they are in control so it's harder to oppress others
-Madison-in nature of things-the Constitution has built in check and balances
-if you give someone absolute power over you they are more likely to abuse that power
-power delegated in variety of ways to a variety of people to do a variety of tasks and delegations can be at different times
-our powers are separated and equal only done to protect
single biggest protection is separation of branches
-people through Constitution delegating to authorities
-by giving consent is also divisions of power-keep them separate and accountable to the sovereign