1 00:00:15,040 --> 00:00:17,919 Speaker 1: The preamble to the American Constitution begins with the phrase 2 00:00:18,120 --> 00:00:21,400 Speaker 1: we the People. But could the people of America be 3 00:00:21,600 --> 00:00:24,360 Speaker 1: counted on to do the right thing all or even 4 00:00:24,440 --> 00:00:27,680 Speaker 1: most of the time. The principal architect of the Constitution, 5 00:00:27,880 --> 00:00:31,880 Speaker 1: James Madison, gave this question a great deal of thought. 6 00:00:32,560 --> 00:00:36,760 Speaker 1: His answer was a decided no quote. Whenever there is 7 00:00:36,800 --> 00:00:40,479 Speaker 1: an interest and power to do wrong, he said, wrong 8 00:00:40,600 --> 00:00:44,760 Speaker 1: will generally be done. For his new nation, Madison wanted 9 00:00:44,840 --> 00:00:49,640 Speaker 1: as much freedom as possible with as little government as possible, 10 00:00:49,640 --> 00:00:52,680 Speaker 1: but he had no illusions. Tyranny, he knew, comes in 11 00:00:52,760 --> 00:00:56,880 Speaker 1: many forms. It's not confined to monarchies and dictatorships. In 12 00:00:56,880 --> 00:01:00,520 Speaker 1: a democratic society, the threat of tyranny comes from the 13 00:01:00,640 --> 00:01:05,440 Speaker 1: people themselves. The founders called this the tyranny of the majority. 14 00:01:05,520 --> 00:01:08,880 Speaker 1: The majority will if it can, put its own interests 15 00:01:08,959 --> 00:01:12,200 Speaker 1: above those of the minority, and generally not hesitate to 16 00:01:12,240 --> 00:01:15,160 Speaker 1: deprive it of its rights and freedoms. This is why 17 00:01:15,200 --> 00:01:19,520 Speaker 1: Madison was preoccupied with the problem of what he called faction, 18 00:01:19,800 --> 00:01:23,400 Speaker 1: the word he used for any kind of organized pressure group. 19 00:01:23,760 --> 00:01:28,440 Speaker 1: Madison deemed both minority and majority factions dangerous. Yet of 20 00:01:28,480 --> 00:01:32,440 Speaker 1: the two types of factions, he considered a majority faction 21 00:01:32,600 --> 00:01:37,000 Speaker 1: to be more dangerous. Why because minority factions can be 22 00:01:37,160 --> 00:01:40,320 Speaker 1: curbed by the power of the majority. But who will 23 00:01:40,400 --> 00:01:44,560 Speaker 1: curb the majority? This is the central purpose of the Constitution, 24 00:01:45,160 --> 00:01:49,480 Speaker 1: to limit, frustrate, and in some cases, block majority rule. 25 00:01:49,520 --> 00:01:52,520 Speaker 1: As Madison put it, the great task was to devise 26 00:01:52,600 --> 00:01:56,440 Speaker 1: a document that would quote first, enable the government to 27 00:01:56,520 --> 00:02:01,200 Speaker 1: control the governed and quote in the next place, oblige 28 00:02:01,200 --> 00:02:04,960 Speaker 1: it to control itself. How to do this, Madison had 29 00:02:05,000 --> 00:02:08,400 Speaker 1: a plan. First, the Constitution had to be written down. 30 00:02:08,520 --> 00:02:11,640 Speaker 1: We're so accustomed today to national constitutions. We need to 31 00:02:11,680 --> 00:02:15,360 Speaker 1: remember that prior to the American Constitution, no country in 32 00:02:15,400 --> 00:02:17,880 Speaker 1: the world had won. And since the adoption of the 33 00:02:17,960 --> 00:02:21,440 Speaker 1: US Constitution, many countries have had constitutions that came and went, 34 00:02:21,560 --> 00:02:25,359 Speaker 1: some lasting just a few years. Yet the American Constitution 35 00:02:25,480 --> 00:02:29,200 Speaker 1: has now endured for two and a half centuries. The 36 00:02:29,240 --> 00:02:33,000 Speaker 1: original document was written on four pieces of parchment and 37 00:02:33,160 --> 00:02:36,239 Speaker 1: is four five hundred and forty three words long. Its 38 00:02:36,280 --> 00:02:40,880 Speaker 1: remarkable brevity perfectly matches its purpose to create a framework 39 00:02:40,960 --> 00:02:44,600 Speaker 1: for limited government. To Madison, this meant that the authority 40 00:02:44,600 --> 00:02:49,320 Speaker 1: of the federal government should cover certain listed or enumerated areas, 41 00:02:49,400 --> 00:02:53,880 Speaker 1: but outside those areas, the government has no authority. Second, 42 00:02:54,280 --> 00:02:57,080 Speaker 1: the rights of the citizens had to be clearly spelled out. 43 00:02:57,120 --> 00:03:00,359 Speaker 1: That's why the first ten amendments to the Constitution, known 44 00:03:00,400 --> 00:03:03,560 Speaker 1: as the Bill of Rights, contain a series of limitations 45 00:03:03,639 --> 00:03:06,320 Speaker 1: on government. The Rights and the Bill of Rights typically 46 00:03:06,360 --> 00:03:09,600 Speaker 1: begin quote, Congress shall make no law. Congress shall make 47 00:03:09,639 --> 00:03:12,519 Speaker 1: no law restricting free speech or freedom of the press, 48 00:03:12,840 --> 00:03:16,880 Speaker 1: or the free exercise of religion. Third, the concept of 49 00:03:17,000 --> 00:03:21,480 Speaker 1: representative government had to be clearly defined. Representative government means 50 00:03:21,680 --> 00:03:24,600 Speaker 1: that the people do not rule directly, their rule by 51 00:03:24,639 --> 00:03:29,520 Speaker 1: electing representatives who govern in their stead. Madison counted this 52 00:03:29,680 --> 00:03:33,600 Speaker 1: practice a radical departure from the direct democracy of the 53 00:03:33,639 --> 00:03:39,480 Speaker 1: ancient Athenians. As the distinguishing mark between democracy and the republic, 54 00:03:39,600 --> 00:03:43,560 Speaker 1: a large and extended society, Madison argued, can function effectively 55 00:03:43,920 --> 00:03:47,120 Speaker 1: only as a republic, and a republic is a much 56 00:03:47,160 --> 00:03:50,640 Speaker 1: better guard against tyranny of the majority than a democracy, 57 00:03:50,880 --> 00:03:55,320 Speaker 1: in which, by definition, the majority can do whatever it wants. Fourth, 58 00:03:55,600 --> 00:03:58,840 Speaker 1: the power within the government must be divided. The Constitution 59 00:03:58,960 --> 00:04:03,400 Speaker 1: separates power between an elected legislature charged with making laws, 60 00:04:03,600 --> 00:04:07,600 Speaker 1: an elected executive charge with enforcing them, and an appointed 61 00:04:07,720 --> 00:04:12,840 Speaker 1: judiciary empowered with resolving legal disputes. A further division happens 62 00:04:13,040 --> 00:04:16,120 Speaker 1: between the national government and the states, so that some 63 00:04:16,200 --> 00:04:19,120 Speaker 1: powers that exercise at the national level others at the 64 00:04:19,200 --> 00:04:24,080 Speaker 1: state and local level. Fifth, mutual oversight, checks and balances 65 00:04:24,200 --> 00:04:27,799 Speaker 1: was necessary to restrain the power of the individual branches. 66 00:04:27,839 --> 00:04:30,799 Speaker 1: Because Madison understood how easy it is for a country 67 00:04:30,800 --> 00:04:34,359 Speaker 1: to devolve into tyranny, he ensured that each of the 68 00:04:34,440 --> 00:04:37,680 Speaker 1: three branches of government act as a check on the 69 00:04:37,720 --> 00:04:40,000 Speaker 1: power of the other two. Congress as the power to 70 00:04:40,040 --> 00:04:43,239 Speaker 1: make laws, but the president can veto them, and vetos 71 00:04:43,279 --> 00:04:47,479 Speaker 1: can be overridden only by congressional super majorities. The president 72 00:04:47,520 --> 00:04:50,200 Speaker 1: and the executive branch enforce the laws, but there is 73 00:04:50,240 --> 00:04:55,480 Speaker 1: congressional and judicial oversight. The judiciary interprets the constitution and laws, 74 00:04:55,720 --> 00:04:59,120 Speaker 1: but judges are nominated by the president and confirmed by 75 00:04:59,160 --> 00:05:01,599 Speaker 1: the Senate. This is not complete list, but it gives 76 00:05:01,600 --> 00:05:05,200 Speaker 1: a clear picture of Madison's ambition to give America a 77 00:05:05,240 --> 00:05:09,000 Speaker 1: political system that would promote freedom by making it very 78 00:05:09,040 --> 00:05:13,159 Speaker 1: hard for the human appetite for power over others to 79 00:05:13,279 --> 00:05:18,000 Speaker 1: ever be realized. He succeeded thus far,