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Constitution 101 | Lecture 1 — Transcript

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  1. 0:02we
  2. 0:03the people of the united states in order
  3. 0:06to form a more
  4. 0:07perfect union
  5. 0:16[Music]
  6. 0:28um
  7. 0:35welcome to this hillsdale college online
  8. 0:36course called constitution
  9. 0:38101 by constitution we of course mean
  10. 0:41the greatest and longest living of all
  11. 0:43the constitutions in history the
  12. 0:44constitution the united states
  13. 0:47we study that here because we're mindful
  14. 0:49of the fact and always have been at
  15. 0:51hillsdale
  16. 0:52that we are citizens and we need our
  17. 0:54freedom
  18. 0:55in order to live well and do our work
  19. 0:57especially the work of a college which
  20. 0:59radically depends upon
  21. 1:01freedom of every kind we teach the
  22. 1:04constitution to every student here at
  23. 1:06the college
  24. 1:06and now we're going to help you learn
  25. 1:08something about it
  26. 1:10the other people who are teaching in
  27. 1:11this are members of our politics faculty
  28. 1:13i'm a member of that
  29. 1:14faculty myself and among them all
  30. 1:18they may have the most knowledge of the
  31. 1:21meaning of the constitution
  32. 1:23and the significance of the changes that
  33. 1:25have gone on
  34. 1:26around it and so it should be a
  35. 1:28privilege for you to watch this and i
  36. 1:30hope you enjoy it
  37. 1:31and i hope you uh read
  38. 1:35and continue learning about this for as
  39. 1:37long as you live
  40. 1:38and teach others too so much i'll
  41. 1:41explain depends on that
  42. 1:43there are a lot of details in this
  43. 1:45course
  44. 1:47details of how exactly things work and
  45. 1:50why they work
  46. 1:51details of different understandings than
  47. 1:54the one that prevails here about those
  48. 1:56things
  49. 1:57and so that will involve us in some
  50. 1:58complications
  51. 2:00and it'll be helpful i think if we can
  52. 2:01keep the kind of general points in mind
  53. 2:03and i'm going to name some of those
  54. 2:05today in my lecture
  55. 2:06my first uh question i'll ask myself and
  56. 2:09you
  57. 2:10is what kind of thing are the declines
  58. 2:13of independence in the constitution
  59. 2:16turns out the answer to that is very
  60. 2:18enriching
  61. 2:20they're different documents uh there's
  62. 2:22an argument
  63. 2:23that they're opposed there's a powerful
  64. 2:26argument
  65. 2:27in the historical scholarship that the
  66. 2:30declaration was meant to be a radical
  67. 2:32document and the constitution was meant
  68. 2:35to be
  69. 2:36conservative and that
  70. 2:39those people argue that the declaration
  71. 2:42is about the rights of us all
  72. 2:44and the constitution is really about
  73. 2:46protecting the privileged
  74. 2:49we we think that's nonsense around here
  75. 2:51and even on its face it's nonsense for
  76. 2:53one reason
  77. 2:55uh at the time exact time the
  78. 2:57declarative independence is from 1776
  79. 2:59and the constitution's from 1787
  80. 3:01so they're close together but never mind
  81. 3:05there were all kinds of state
  82. 3:06constitutions written
  83. 3:08at the same time as the declaration of
  84. 3:10independence
  85. 3:11some of them signed by people who also
  86. 3:14signed the declaration of independence
  87. 3:15and they're all like the constitution
  88. 3:17united states in
  89. 3:18in their structure which i'm going to
  90. 3:20talk about some that's important
  91. 3:23so another thing about it is that
  92. 3:25strikes me as particularly silly i've
  93. 3:27written a book about this
  94. 3:28is if you read the dictionaries of
  95. 3:30independence you will find that it comes
  96. 3:32in three parts
  97. 3:33and in the first part it states some
  98. 3:35universal principles very beautiful
  99. 3:38and in the second part it contains a
  100. 3:40bill of particulars in 17 paragraphs
  101. 3:43about
  102. 3:43bad stuff the king of england did which
  103. 3:46bad stuff
  104. 3:47justifies the making of america throwing
  105. 3:50off the old government and
  106. 3:52adopting a new one and those things are
  107. 3:56remarkably like the constitution united
  108. 3:58states what did the king do wrong
  109. 4:00well he interfered with the legislature
  110. 4:04which is a violation of the first step
  111. 4:06in all government the making of laws but
  112. 4:08also a violation of separation of powers
  113. 4:11which is crucial to how the constitution
  114. 4:13united states worked
  115. 4:15so separation of powers is important and
  116. 4:17then
  117. 4:18he interfered with the people's ability
  118. 4:20to
  119. 4:21elect legislators in other words
  120. 4:24representation
  121. 4:25a key feature of the constitution of the
  122. 4:27united states
  123. 4:29and then he interfered with the judges
  124. 4:32he would ship people
  125. 4:35arrest them for crimes and ship them off
  126. 4:36to england where they couldn't be tried
  127. 4:38by a jury of their peers
  128. 4:40nor before judges who are independent of
  129. 4:43the executive branch which more or less
  130. 4:45the king was
  131. 4:46so you see they're writing the
  132. 4:48constitution right there
  133. 4:50if you have a government that does these
  134. 4:53things
  135. 4:54then you are justified to rebel against
  136. 4:56that government
  137. 4:57and to kill anybody who resists you
  138. 5:01so it implies the constitution
  139. 5:04now what kind of thing that they are
  140. 5:06different to that critical independence
  141. 5:08and the constitution they serve
  142. 5:09different functions
  143. 5:11they also sound different in a very
  144. 5:13interesting way
  145. 5:14the declaration independence is really
  146. 5:16beautiful um
  147. 5:19you know when in the course of human
  148. 5:21events it becomes necessary for one
  149. 5:23people to
  150. 5:24dissolve the political bands that have
  151. 5:25connected them with another
  152. 5:27and to assume among the powers of the
  153. 5:28earth to separate an equal station
  154. 5:31which the laws of nature and nature's
  155. 5:33god entitle them isn't that a grand
  156. 5:35expression the laws of nature and of
  157. 5:37nature's god
  158. 5:39it's written like that also it's not
  159. 5:42time bound when in the course of human
  160. 5:45events
  161. 5:46that means any time in the course of
  162. 5:47human events it becomes necessary for
  163. 5:50one people that means any people
  164. 5:52anywhere anytime the claim is
  165. 5:55what's going to follow in this document
  166. 5:57is right
  167. 5:58at all times and so one way to think
  168. 6:02about the difference between the
  169. 6:03dichroism and the constitution is
  170. 6:06it's a document about ultimate purposes
  171. 6:10what they call in classic philosophy
  172. 6:12final causes
  173. 6:14vital causes are the things that we seek
  174. 6:17above all others the things we would die
  175. 6:19for
  176. 6:20uh and so the next independence states
  177. 6:23those and of course those words echo
  178. 6:25around the world still today even when
  179. 6:26they're distorted you're going to learn
  180. 6:28something about that in this course
  181. 6:31well the constitution is not quite like
  182. 6:33that uh
  183. 6:34the constitution is uh it provides a
  184. 6:38form of government and when you read it
  185. 6:42you know i've regarded it as beautiful
  186. 6:43and think i understand why it's
  187. 6:44beautiful
  188. 6:45it has to do with its structure which
  189. 6:47madison says is the most important thing
  190. 6:48about it
  191. 6:50but you know on any given passage
  192. 6:55right um it's full of details
  193. 6:59like there's a list in article 1 section
  194. 7:018 things the congress can do
  195. 7:04well post offices and post roads is
  196. 7:07among them
  197. 7:08it's hard to write a beautiful sentence
  198. 7:09about that
  199. 7:11no this is a document about how the
  200. 7:13government is going to work
  201. 7:15even how it's going to look
  202. 7:18it looks like a thing that operates in
  203. 7:21three branches
  204. 7:23if the if if there's a interviews going
  205. 7:25on in front of the white house which
  206. 7:27there are every day on the nightly news
  207. 7:29there's a picture of the white house in
  208. 7:30the background because that's where the
  209. 7:31president works and that's where
  210. 7:33executive things are done
  211. 7:35and if there's a if there's something
  212. 7:38big in the congress then there's
  213. 7:40uh cameras looking up at the capitol
  214. 7:42dome because that's where the congress
  215. 7:44operates and where the legislation is
  216. 7:45made and the same for the supreme court
  217. 7:48building
  218. 7:49in operation the government
  219. 7:52looks like the constitution and sure
  220. 7:55enough the first three articles in the
  221. 7:56constitution
  222. 7:57one of them the first one sets up the
  223. 7:59legislative branch
  224. 8:00beginning with the words all legislative
  225. 8:03power herein granted
  226. 8:05and one thing you're going to learn in
  227. 8:06this course is that we don't make our
  228. 8:08laws through the congress
  229. 8:10anymore that's why there can be so many
  230. 8:12of them
  231. 8:14and that's why it's impossible to hold
  232. 8:17to account
  233. 8:18those who make them except very
  234. 8:20indirectly indeed it's even hard to find
  235. 8:23out who makes them
  236. 8:25i think there are 150 law making
  237. 8:27agencies in the federal government now
  238. 8:29so each of those clauses
  239. 8:32establish one two three the way the
  240. 8:35government of the united states
  241. 8:37looks uh and so
  242. 8:41if you think about it you couldn't have
  243. 8:43any serious
  244. 8:44activity that did not have a final cause
  245. 8:49a whole bunch of people cooperating
  246. 8:51sometimes at risk to their lives
  247. 8:55suffering and trouble and sacrifice
  248. 8:59that started right at the beginning
  249. 9:00because the first thing that happened
  250. 9:02after the detroit's independence was we
  251. 9:04well actually it already happened a bit
  252. 9:05before
  253. 9:06we're having a war with england the
  254. 9:08greatest power on earth
  255. 9:09and to undertake that you need a big
  256. 9:11reason you need some
  257. 9:13ultimate reason and anytime people think
  258. 9:16of their deaths
  259. 9:18they always think of what they live
  260. 9:20their lives for
  261. 9:22that's what the declaration of
  262. 9:23independence is but then on the other
  263. 9:24hand
  264. 9:25if you're actually going to have a great
  265. 9:27government
  266. 9:29then there's going to have to be ways
  267. 9:30for it to operate because think what it
  268. 9:32has to achieve
  269. 9:33it has to grant power the doctrine of
  270. 9:37the doctor's independence is that all
  271. 9:39legitimate power stems from those who
  272. 9:42are governed
  273. 9:43no other source but then somehow
  274. 9:47you've got to get some way to get
  275. 9:49legitimacy
  276. 9:50into the things that the government does
  277. 9:53and have that
  278. 9:54operate on a routine basis so if you're
  279. 9:56going to have a
  280. 9:58legitimate government you're going to
  281. 10:00have to have a form a recognized way by
  282. 10:02which it operates
  283. 10:04and so the constitution provides that
  284. 10:06one you could say is the final cause and
  285. 10:07the other is the formal cost
  286. 10:11now i'm going to back up a step and ask
  287. 10:13a question that's prevalent today and
  288. 10:14that is
  289. 10:15why should you have any government at
  290. 10:17all what do you need it for
  291. 10:20and then we were just over in england uh
  292. 10:23as we're making this course and we were
  293. 10:26celebrating the completion of the
  294. 10:27official biography of winston churchill
  295. 10:28and there was a couple of young
  296. 10:30english guys who are working and helping
  297. 10:32us get around
  298. 10:33and they were delightful people and i
  299. 10:35got into long talks with them and they
  300. 10:36just made the point
  301. 10:39because you know they're having the big
  302. 10:40debate about whether they separate from
  303. 10:41the european union over there or not and
  304. 10:43young as a rule don't favor the
  305. 10:45separation and they said well we're not
  306. 10:48english we're european
  307. 10:52and i said what if you don't like
  308. 10:56something the european
  309. 10:57union does oh there's a lot we don't
  310. 10:59like we want to see it reformed
  311. 11:01and i said good what means do you have
  312. 11:04to achieve that reform
  313. 11:07because it's kind of difficult isn't it
  314. 11:10it's 29 countries i think aren't they
  315. 11:12they don't all speak the same language
  316. 11:15how would you have a conversation with a
  317. 11:17wide body of fellow citizens
  318. 11:19to establish a thing like major reforms
  319. 11:22to the government
  320. 11:25and that's a point isn't it because in
  321. 11:28the constitution
  322. 11:31well in the place in the federalist
  323. 11:33papers which are assigned to read along
  324. 11:35with this course and i
  325. 11:36urge you to read them and reread them
  326. 11:38because they're a great achievement in
  327. 11:40political thought one of the greatest
  328. 11:43and one of the greatest
  329. 11:44american such achievements
  330. 11:47and in the 51st federalist madison
  331. 11:51explaining why you have to build a
  332. 11:54constitution
  333. 11:56that uh that has precautions in it
  334. 12:00it has to grant power you have to have
  335. 12:03that
  336. 12:04but also it has to constrain
  337. 12:07power you have to have that and the way
  338. 12:10he puts the point
  339. 12:11is uh what is government but the
  340. 12:13profoundest of all reflections on human
  341. 12:15nature
  342. 12:17if men were angels no government would
  343. 12:18be necessary
  344. 12:20if angels were to govern men neither
  345. 12:22internal or external
  346. 12:24controls on the government would be
  347. 12:25needed
  348. 12:27see what that means he's locating us
  349. 12:30in the hierarchy of nature down at the
  350. 12:33bottom of the beast
  351. 12:35of the rocks and up at the top are
  352. 12:37angels
  353. 12:38and god and if angels were being
  354. 12:41being governed although there's a record
  355. 12:44in the bible that their behavior is not
  356. 12:46perfect
  357. 12:47uh still it's true that is a common run
  358. 12:49it's probably a lot better than ours and
  359. 12:52they don't
  360. 12:52they're imagined as as a disembodied
  361. 12:56intellect
  362. 12:57and so they don't have all the needs and
  363. 12:59pressures we have
  364. 13:01and the beast they just always obey
  365. 13:04instinct
  366. 13:05whereas we're moral beings
  367. 13:09which means we're called to do right and
  368. 13:11we don't always
  369. 13:13and that is actually the reason why we
  370. 13:15need laws
  371. 13:16but madison just makes the common sense
  372. 13:18points the people who make the laws
  373. 13:21are people too how do we know they won't
  374. 13:24make them in their own
  375. 13:25interest well you need a constitution
  376. 13:30and it needs to be in control of the
  377. 13:32governed
  378. 13:33and so the reason nations and that word
  379. 13:36nation it comes from the latin word
  380. 13:38natura which means nature
  381. 13:42and that means that uh the making of
  382. 13:44laws
  383. 13:45is written in human nature and it
  384. 13:48actually precedes
  385. 13:49aristotle says from our ability to talk
  386. 13:52because the that's a pregnant thing
  387. 13:54about us that's the big thing about us
  388. 13:57and so this uh need for government
  389. 14:01is fundamental and on the other hand
  390. 14:04we need to be able to control it and
  391. 14:08nations therefore are conceived as
  392. 14:09natural things
  393. 14:11where people can understand each other
  394. 14:14they say
  395. 14:14they share a common final cause as in
  396. 14:17the declaration of independence
  397. 14:19which tells us what our nation is for
  398. 14:22and then they can cooperate with each
  399. 14:24other
  400. 14:25to appoint and manage a government that
  401. 14:28responds to their will
  402. 14:30so it's actually true then isn't it that
  403. 14:33in this age where
  404. 14:35we're asking nationalism for
  405. 14:38internationalism
  406. 14:40the dexterous independence uh
  407. 14:44talks about that and mark the point i've
  408. 14:46already made it
  409. 14:48the doctor's independence begins
  410. 14:50universally
  411. 14:52it says that everybody has rights
  412. 14:56every human being the same in every age
  413. 14:59no matter where
  414. 15:01and then it says that to secure
  415. 15:04these rights governments are instituted
  416. 15:07among men
  417. 15:08deriving their just powers from the
  418. 15:10consent of the governed
  419. 15:12in other words this universal rights
  420. 15:14that we have
  421. 15:16they call for government to protect
  422. 15:18those rights
  423. 15:19and they call for a kind of government
  424. 15:22that will be responsive to us
  425. 15:26it's a remarkable thing i think
  426. 15:30it's hard to quarrel with the assertion
  427. 15:32which i make all the time
  428. 15:34that the greatest of the modern
  429. 15:36countries is the united states of
  430. 15:38america
  431. 15:40well its story is tremendous right
  432. 15:42because
  433. 15:44it begins with a new world nobody knew
  434. 15:47where it was nobody knew what it was
  435. 15:49uh until about 1806 i think it was
  436. 15:54nobody really knew how big it was
  437. 15:57nobody gone across the new world and all
  438. 16:00the way back
  439. 16:01until about then lewis and clark
  440. 16:05so something happened on this new land
  441. 16:10and what was it they picked up a
  442. 16:12civilization
  443. 16:14it's like in the western movies you know
  444. 16:16they're often a contest between somebody
  445. 16:18who's got a law book and somebody who's
  446. 16:19got a gun
  447. 16:21and in the towns where the westerns take
  448. 16:23place there's no capacity at all to
  449. 16:26produce
  450. 16:26either a law book or a gun but they know
  451. 16:29about them because they've come
  452. 16:30from a well-developed civilization and
  453. 16:33brought it out to the frontier
  454. 16:34that's what the whole western movies are
  455. 16:37just recreations of american history
  456. 16:39because the civilization mostly of
  457. 16:42europe
  458. 16:43with its understanding of god and its
  459. 16:45understanding of right
  460. 16:47and its learning and its understanding
  461. 16:49of nature
  462. 16:52that comes over here and those people
  463. 16:53brought all that in their minds
  464. 16:55and hearts what they didn't bring
  465. 16:58was aristocracy they didn't bring
  466. 17:01an established elite to run everything
  467. 17:06what they brought instead was ideas
  468. 17:09of freedom and equality and so there was
  469. 17:12this new world
  470. 17:14and a bunch of people got to take it
  471. 17:16over and they had because you know
  472. 17:18the first settlements are about 150
  473. 17:21years
  474. 17:22before the declaration of independence
  475. 17:25and that 150 years was a time of great
  476. 17:27learning
  477. 17:29uh one of the most remarkable things
  478. 17:32that was learned
  479. 17:34was that most of the early settlers came
  480. 17:37because of religious persecution
  481. 17:40and they thought the solution to that
  482. 17:41was to set up communities
  483. 17:43where their religion was installed by
  484. 17:47law
  485. 17:48and protected and everybody had to
  486. 17:50practice it
  487. 17:51and they thought it's a big old country
  488. 17:54if somebody
  489. 17:55doesn't like it they can go somewhere
  490. 17:56else so religious conformity was
  491. 18:00more or less the rule early on though
  492. 18:03the idea
  493. 18:04came to be we don't really have to fight
  494. 18:07about that
  495. 18:08because first of all we do fight a lot
  496. 18:10about it uh
  497. 18:12they were they used to in massachusetts
  498. 18:14bay colony
  499. 18:15they used to hang quakers for coming to
  500. 18:18town to try to convert people to
  501. 18:20quakerism
  502. 18:21and quakers are christians you know
  503. 18:22different brand
  504. 18:24and so they thought that through
  505. 18:28and in the course of that 150 years they
  506. 18:30adopted the idea
  507. 18:32of civil and religious freedom and
  508. 18:35that's in the declaration of
  509. 18:36independence right because
  510. 18:38life liberty and the pursuit of
  511. 18:40happiness
  512. 18:42that has to do including with our duty
  513. 18:44to god
  514. 18:46and so that religion should be
  515. 18:49respected but also free
  516. 18:52that's born that's reaches its
  517. 18:54perfection
  518. 18:55in the declaration of independence god i
  519. 18:58should say
  520. 18:59uh occurs four times in the declaration
  521. 19:01of independence
  522. 19:02and it's an interesting thing because it
  523. 19:04uh it
  524. 19:06demonstrates the way they talk of him
  525. 19:08how important god is
  526. 19:11and it demonstrates also how important
  527. 19:13limited government is
  528. 19:15because god appears first as the maker
  529. 19:18of the laws of nature
  530. 19:19nature's god the legislator then he
  531. 19:22appears
  532. 19:23as the supreme judge of the world
  533. 19:26the judge and then he appears as
  534. 19:30divine providence the executive branch
  535. 19:34and then he appears up higher up in as
  536. 19:36the creator the founder
  537. 19:38of all things right and the lesson of
  538. 19:40the choice of independence is one god is
  539. 19:43a standard greatly to be respected
  540. 19:46and worshiped and understood
  541. 19:50but two you wouldn't combine all those
  542. 19:53powers
  543. 19:55in the hand of any any being except god
  544. 19:58not for men so you see
  545. 20:01this uh tremendous opportunity which
  546. 20:05i i can't see myself how it would ever
  547. 20:07be repeated in history
  548. 20:09because there isn't a new world anymore
  549. 20:11maybe space
  550. 20:13um but uh
  551. 20:16there's nowhere to go like that anymore
  552. 20:19and so they went there and they got 150
  553. 20:22years to work on it
  554. 20:24and then they proclaimed a regime
  555. 20:27defined by these two documents
  556. 20:30that's one of the most important events
  557. 20:32in human history in my opinion
  558. 20:35say a thing or two about the
  559. 20:36constitution because that's important
  560. 20:39um first of all i mentioned that it's
  561. 20:43divided into groups and there are seven
  562. 20:46articles in the constitution united
  563. 20:48states and the first three set up the
  564. 20:49three branches of government
  565. 20:52but then a second thing about it's
  566. 20:53interesting and that is that
  567. 20:55it's not an unlimited government
  568. 20:58there's something called the police
  569. 21:00power which comes from english common
  570. 21:02law very old
  571. 21:04and it's the general authority to
  572. 21:06legislate for the health safety and
  573. 21:07welfare of the people
  574. 21:09state governments in america have that
  575. 21:12and that means that if the state if a
  576. 21:14state government
  577. 21:14tries to do something you know there are
  578. 21:17provisions in state constitutions and in
  579. 21:19the federal
  580. 21:20constitution that forbid them to do many
  581. 21:22things but the presumption is
  582. 21:25they have the power to do it if it fits
  583. 21:27within that common law
  584. 21:29definition which is very wide whereas
  585. 21:32the constitution the united states
  586. 21:33delegates certain powers to the federal
  587. 21:36government
  588. 21:37and just think what a different thing in
  589. 21:39kind that is
  590. 21:41like hillsdale college has articles of
  591. 21:43incorporation
  592. 21:45and they're very beautiful by the way
  593. 21:46and we follow them here closely
  594. 21:48but when it comes to the operation of
  595. 21:50the colleges it basically grants us the
  596. 21:52board and me and
  597. 21:54the staff here power to do anything a
  598. 21:56college needs to do
  599. 21:59well the federal government's not like
  600. 22:00that the federal government has
  601. 22:03article 1 section 8 and uh and that's a
  602. 22:06limit
  603. 22:06on the government you see
  604. 22:10the the clauses are it's not hard to
  605. 22:13state what they're about
  606. 22:15is about national defense the big job of
  607. 22:17the federal government
  608. 22:19the second biggest group is provisions
  609. 22:22to guarantee a system of national
  610. 22:24commerce
  611. 22:25all over the nation one nation as
  612. 22:28regards
  613. 22:28economics contracts are to be respected
  614. 22:32um uh bankruptcies there should be a
  615. 22:35provision
  616. 22:36for them so that
  617. 22:39you have to be a legal process before
  618. 22:40you can get out of your debts but there
  619. 22:42should be such a process
  620. 22:44money weights and measures
  621. 22:48it's going to be a great nation trading
  622. 22:50freely
  623. 22:51inside its borders and that will make
  624. 22:53the nation
  625. 22:54strong and nations need to be strong
  626. 22:57in order to defend themselves and the
  627. 23:00only other things that are powers given
  628. 23:02to the federal government are basically
  629. 23:03to
  630. 23:04operate in the states on the ground
  631. 23:08where the federal government has
  632. 23:09installations
  633. 23:11so the post office is federal territory
  634. 23:15and the federal building they're way too
  635. 23:16many of those now but uh
  636. 23:18there's a provision for them right from
  637. 23:19the beginning so it's a
  638. 23:22limited government and whatever it does
  639. 23:26it has to justify by a specific
  640. 23:29provision in the constitution
  641. 23:31that permits it and that's not the
  642. 23:33strictest rule in the world
  643. 23:36you know there's leeway
  644. 23:39but but it's a different kind of thing
  645. 23:44than to begin on the basis you can do
  646. 23:45whatever you please
  647. 23:49the last thing i'll say about the
  648. 23:50constitution is uh
  649. 23:53what's it trying to do um
  650. 23:57we we like to say today if we're
  651. 23:59conservative-minded people which i
  652. 24:00happen to be
  653. 24:02that uh the constitution is to limit the
  654. 24:05government
  655. 24:06but of course that's obviously not true
  656. 24:09the first thing it does is empower the
  657. 24:11government
  658. 24:12and it's uh it's uh all over the
  659. 24:15constitution and the documents
  660. 24:16surrounding it
  661. 24:18that everybody understood they need a
  662. 24:19strong government in fact the
  663. 24:21constitution itself which replaced the
  664. 24:22articles of confederation
  665. 24:25was written in part because the articles
  666. 24:28were failing
  667. 24:29and the reason they were failing was the
  668. 24:31government wasn't strong enough to
  669. 24:33protect our rights
  670. 24:35there were foreign troops on our soil
  671. 24:37and we couldn't do anything about it
  672. 24:38couldn't pay our debts there were riots
  673. 24:42in the states and they couldn't be put
  674. 24:43down
  675. 24:44madison writes all this up in a really
  676. 24:45great essay before the constitutional
  677. 24:47convention
  678. 24:48called vices of the political system of
  679. 24:50the united states it's in our
  680. 24:51constitution reader
  681. 24:54and so they need a stronger government
  682. 24:58but they divide it now what is the
  683. 25:01purpose of the
  684. 25:02division and you have to think about how
  685. 25:05profound the division is although it's
  686. 25:07been much
  687. 25:07overcome by the growth of the
  688. 25:09administrative state and the bureaucracy
  689. 25:11which you're going to hear a lot about
  690. 25:12in this course
  691. 25:13it's still true that it's a it's a
  692. 25:16tremendous
  693. 25:17achievement because in dividing the
  694. 25:20powers
  695. 25:22they arranged for different methods of
  696. 25:25election
  697. 25:26of the different parts so the president
  698. 25:29serves for four years
  699. 25:31uh the house representative serves for
  700. 25:33two
  701. 25:34the senate serves for six the judges are
  702. 25:38appointed by the president
  703. 25:39on advice of the senate
  704. 25:43the constituencies are different
  705. 25:46the constituency for a senator is a
  706. 25:49state
  707. 25:51the constituency for the president is an
  708. 25:54electoral college made up
  709. 25:56of the which you win by majority that's
  710. 25:58under pressure these days
  711. 26:00which you win by majority uh of
  712. 26:04the electors in in the states and the
  713. 26:06electors are calculated according to the
  714. 26:08number of senators and representatives
  715. 26:10each state has so you see
  716. 26:13what it does it spreads
  717. 26:16authority across space and you remember
  718. 26:20this is the greatest and most extensive
  719. 26:23republic in human history
  720. 26:25and they were trying to unite a
  721. 26:27continent the full size of which they
  722. 26:29did not quite know yet
  723. 26:31although george washington did name his
  724. 26:33army the continental army
  725. 26:36so they wanted spread and so the senate
  726. 26:39spreads
  727. 26:40political authority and that means
  728. 26:41people who live in the very different
  729. 26:43and widely separated parts of the
  730. 26:45country
  731. 26:46all get a say even if they're not very
  732. 26:48numerous
  733. 26:50and then on the other hand it spreads
  734. 26:52authority across
  735. 26:53time because if you want to change
  736. 26:56something in the american government
  737. 26:59the fastest you can possibly turn the
  738. 27:01whole government over
  739. 27:02is six years because it takes three
  740. 27:05elections
  741. 27:06to elect a whole senate and the
  742. 27:08president two-thirds of that amount of
  743. 27:10time
  744. 27:11so that means that uh it places a
  745. 27:14premium
  746. 27:15on opinions that we hold firmly
  747. 27:18and for a long time and madison makes
  748. 27:21this point
  749. 27:22beautifully in the federalist papers and
  750. 27:24more than once
  751. 27:25uh in the 49th i think it is he says
  752. 27:29it is our reason alone that must be
  753. 27:32placed in control of the government
  754. 27:35our passions must be controlled by it so
  755. 27:38we're supposed to think
  756. 27:39before we act here's another feature of
  757. 27:42the constitution
  758. 27:43in the 63rd federalist madison says that
  759. 27:46this is the first
  760. 27:48purely representative government in
  761. 27:50history he's claiming a uniqueness
  762. 27:53and what does he mean by purely
  763. 27:54representative he means that
  764. 27:56the sovereign sovereign in england was
  765. 27:59the king and he was the executive branch
  766. 28:01the song sovereign in athens was the
  767. 28:04free citizens and they were the
  768. 28:05legislative branch
  769. 28:08the sovereignty the sovereign in america
  770. 28:10is the constitutional majority
  771. 28:13but they don't occupy a branch of
  772. 28:16government
  773. 28:17we don't control i mean they've
  774. 28:19introduced the referendum
  775. 28:20things like that in later years but
  776. 28:23there's no federal
  777. 28:24referendum process why madison thought
  778. 28:27it would be good for us
  779. 28:29because you know just like you can't
  780. 28:31trust the government fully because
  781. 28:32they're people
  782. 28:34you can't trust us fully either because
  783. 28:35we're people too
  784. 28:37and so we can only act
  785. 28:40through elections that makes
  786. 28:44elections important in america and it
  787. 28:46also means
  788. 28:48we can't do anything by the spur of the
  789. 28:50moment
  790. 28:51the best decision is not being made on
  791. 28:53the spur of the moment
  792. 28:54and i'll state a telling exception to
  793. 28:57that too
  794. 28:59the president is specifically empowered
  795. 29:02to
  796. 29:02act alone and that's in matters of
  797. 29:06execution think of the different
  798. 29:10meanings of that term
  799. 29:11execution when you've got a war
  800. 29:14you have to act suddenly but
  801. 29:17laws prevail because of course
  802. 29:20if the president starts a war and the
  803. 29:22congress doesn't like it or if he sends
  804. 29:24a bunch of troops somewhere
  805. 29:25they don't have to supply any money for
  806. 29:27that and the money will run
  807. 29:29out if they will put a stop to it and
  808. 29:31they have often in american history and
  809. 29:33threatened other times
  810. 29:35so you see the idea is that
  811. 29:38we have all the power but we can't
  812. 29:42act except through our representatives
  813. 29:45and that adds
  814. 29:46patience and and deliberation to the
  815. 29:49process
  816. 29:51and then a last thing the size of the
  817. 29:54of the united states the fact that it's
  818. 29:57spread so far
  819. 29:59the fact that it includes so many people
  820. 30:01in so many jurisdictions you know the
  821. 30:02states are supposed to have a lot more
  822. 30:04authority than they have these days and
  823. 30:06one of my wishes is to see it restored
  824. 30:10a lot of other things like that too but
  825. 30:13when it's spread all over the place
  826. 30:16let's say
  827. 30:16uh you've got 10 little conspiratorial
  828. 30:20friends
  829. 30:21you know you can if you got 10 little
  830. 30:22conspiratorial friends you can
  831. 30:25meet in dark rooms and whisper to each
  832. 30:27other nobody need find out
  833. 30:29but what's 10 going to do in a country
  834. 30:31this size
  835. 30:32in fact to influence the country you
  836. 30:35have to cr you have to talk
  837. 30:37across millions of people hundreds of
  838. 30:40thousands in the
  839. 30:41founding millions now tens of millions
  840. 30:43now
  841. 30:44and you have to you have to speak across
  842. 30:47vast
  843. 30:48spaces and madison writes
  844. 30:51that will teach us to be more candid
  845. 30:53with each other
  846. 30:55we you know we we love to say that
  847. 30:58uh all politicians are liars and i think
  848. 31:01that's not quite true
  849. 31:03but it's a rough truth but on the other
  850. 31:06hand think how much worse it would be
  851. 31:08if they didn't have to talk in front of
  852. 31:10us and if they weren't free to
  853. 31:11contradict each other
  854. 31:14and i i want to close with this point
  855. 31:16because it's fundamentally important
  856. 31:19there are just two ways of governing
  857. 31:21human beings
  858. 31:23and one is by talking and the others by
  859. 31:25force
  860. 31:26because we are the speaking beings
  861. 31:30this rationality that we have that lets
  862. 31:32us use common nouns
  863. 31:35that's what makes us political and so
  864. 31:38legitimate political
  865. 31:39systems are always built on talking
  866. 31:42not on violence they may take violence
  867. 31:45to install
  868. 31:47they may require violence to persist
  869. 31:50and to defend but they must not proceed
  870. 31:54in their ordinary workings by violence
  871. 31:56of one citizen upon another
  872. 31:58and so we we have a political system
  873. 32:01that first of all is meant
  874. 32:03to protect our rights which are written
  875. 32:05in our nature the decisive part of which
  876. 32:08is our ability to reason
  877. 32:09and and talk
  878. 32:13but also we have a nation where we're
  879. 32:15supposed to discuss
  880. 32:16things and teach each other and learn
  881. 32:19from each other
  882. 32:20and i'll go back to the european union
  883. 32:23the polls and the checks and the english
  884. 32:27and the french don't really have a good
  885. 32:30way to talk to each other
  886. 32:31except through the agencies of the
  887. 32:33european union
  888. 32:35and that means it's very difficult for
  889. 32:38there to be a culture
  890. 32:40in which public opinion is formed freely
  891. 32:44among all of the people who are affected
  892. 32:46they can't speak with each other
  893. 32:48routinely there's translation programs
  894. 32:50and lots of people speak more than one
  895. 32:52language in europe
  896. 32:53and yet to talk in your native tongue
  897. 32:57the tongue in which you've been educated
  898. 33:00and by which you
  899. 33:01articulate your best thoughts that's
  900. 33:04what you do especially with fellow
  901. 33:06citizens
  902. 33:09it's become a very great country in the
  903. 33:11course of its history
  904. 33:15beyond the imaginings even of the people
  905. 33:18who founded it who were
  906. 33:19extremely ambitious people they had the
  907. 33:22highest
  908. 33:23possible hopes all right well if that's
  909. 33:26true
  910. 33:27there must have been some cause of it
  911. 33:30but also it's in that final purpose
  912. 33:33we serve that we have adopted it's a
  913. 33:35purpose available to all human beings
  914. 33:38we have adopted it for our own
  915. 33:41and then finally in this form of
  916. 33:43government we have
  917. 33:44under the constitution which is itself a
  918. 33:47reflection of human nature
  919. 33:49and that is why it has worked so well
  920. 33:54so i'll close with the editorial point
  921. 33:56well known
  922. 33:58i think we ought to restore the
  923. 34:00authority of the constitution
  924. 34:02and the declaration of independence
  925. 34:05thank you
  926. 34:08[Music]

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