Posted on 03/12/2012 5:11:26 PM PDT by iowamark
Week 4 lecture:
Dr. Kevin Portteus: Constitution 101 - "Separation of Powers: Preventing Tyranny"
About the Lecturer:
Kevin Portteus is assistant professor of politics at Hillsdale College, where he has taught since 2008. Dr. Portteus is faculty advisor for the Washington-Hillsdale Internship Program, and teaches courses in American political thought and American political institutions.
A visiting graduate faculty member in the American History and Government program at Ashland University, Dr. Portteus formerly taught at Belmont Abbey College and Mountain View College, in Dallas. Having published online through the Washington Times, Human Events, and BigGovernment.com, his book, Executive Details: Public Administration and American Constitutionalism, is under review for publication. He received his B.A., summa cum laude, from Ashland University, and his M.A. and Ph.D. in politics from the University of Dallas.
“The Separation of Powers: Preventing Tyranny”
Overview
Separation of powers is the central structural feature of the United States Constitution. The division of power among the three branches—legislative, executive, and judicial—is necessitated because human beings are imperfect. The imperfection of human nature means that well-structured government is necessary, though not sufficient, to prevent tyranny.
The United States Constitution is structurally designed in part to prevent tyranny. Separation of powers is the means by which power is divided and its accumulation in the hands of any single entity denied.
During the 1780s, most states had constitutions that formally divided the government’s power, yet in practice the legislatures dominated. The state constitutions required separation of powers in theory, but failed to deliver it in reality. As a result, the constitutions were little more than what Publius called “parchment barriers.”
In order for separation of powers to work, each branch of government must have the “constitutional means” to resist the encroachment of the other branches. This is what today we call “checks and balances.”
In addition to institutional checks and balances, there exist also the “personal motives” of people that will lead them to resist the encroachment of the other branches. Human nature is constant across the ages, according to Publius, and human beings are naturally ambitious. Instead of ignoring or attempting to suppress ambition, the Framers sought to channel it through the Constitution, so that it might serve the cause of liberty and justice rather than threaten it.
The Framers understood that human nature has noble characteristics that are essential to self-government, but also that it contains baser features, for which government must account. The Constitution’s structural separation of powers recognizes this truth, and in preventing tyranny makes self-government possible.
Dr. Kevin Portteus: Constitution 101 - "Separation of Powers: Preventing Tyranny"
Hillsdale Constitution 101 Ping!
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“Preventing Tyranny”
I can teach this class in 3 words and for $20 bucks.
Ok, students...Everyone seated?
Don’t vote Democrat.
OK, where is my money?
It helps to have fifty states, or fifty-seven according to dummies, each with its own government and resistance to distributing capital resources and power to other states. If not for the wisdom of our founding fathers, Obama and his militant thugs would already have turned us into the world’s next totalitarian nightmare. He may still do it, if we are foolish enough to give him another chance.
Best lecture so far.
To only add to your very good notes, the States in their 1776-1777 Constitutions provided for strong legislatures which quickly overwhelmed purposely weak executives and judiciaries. Understandably fearful of strong executives, they swung too far toward democracy.
Today, we are tending toward the same mistake of our first State constitutions, too much democracy. Most people think a non majority vote getting President to be an outrage.
.
I recently read a book called “Plain, Honest Men” by Richard Beeman. Fascinating. Madison and his peeps went to a convention called to amend the articles of confederation. They intended, illegally one could argue, to scrap the articles and write a constitution, which, of course, they did. This constitution gave us the government we have now with omnipotent control. They were reacting, understandably, to Shay’s Rebellion and their perceived need of a more powerful central government...federal v national. (we use “federal” today like we use “liberal”, both terms co-opted by the enemy. We humans are so...amusing.</rant>
Readings for Week 5:
Well
One thing about it
I’m learning new things all the time
Should be required in every college
As this week's lecture points out, the Articles of Confederation had no checks on the legislature's power. The Constitution's Separation of Powers limited them.
Has the Constitution given us Big Government or has the widespread ignoring of the Constitution done so?
Read Joseph Story on the Commerce Clause and you'll see that the Constitution didn't give it to them. They just flat out took it.
Both, the constitution does not put limits on service to the country and demigods have arisen. It is not there fault but, the framers failed to see that congress (and public office, in general) would become a full time profession. If only they had inserted a statement to establish term limits or that congress must live by the rules they created, a big government mentality would have been much harder to establish.
The aforementioned book suggests a different reality. Somebody is wrong here. I have no idea who that might be, could be your impression or just as likely it could be mine. I suggest giving the book a look. We are all a combination of the “truths” we accept, with “truths” being far less abundant they we usually assume. The legislature during the confederation was damned for being too weak. The Shay’s Rebellion, the lack of pay, still, for the troops...our culture has certainly changed since then...and the culture is where we are. As distasteful as that is we’re stuck with it. There is a reason that all successful republics eventually fall, we live in interesting times. (p.s. The marxist takeover is almost complete.)
Constitution 101 — Week Four
“Separation of Powers — Preventing Tyranny”
Q&A Session with Dr. Kevin Portteus:
http://www.youtube.com/watch?feature=player_embedded&v=BjsMtrWINBg
Hillsdale Constitution 101 Ping!
To be on or off this ping list, please Freepmail Iowamark.
Thanks iowamark, if we start a new nation I want to see you in Congress.
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