Political Science 12 American Government

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Political Science 12American Government
Politics
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Political Factoid The U.S. Constitution is the
oldest written constitution in the world. It is
about 4,400 words long, which is the rough
equivalent of about a 15-20 page term paper,
double spaced. This also makes it the shortest
constitution in the world. The new Iraqi
Constitution crafted after the U.S. invasion is
about 11,000 words long when translated into
English.
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Political Factoid Of the forty-two people
who have been President, thirty-one served in the
military, and twelve were Generals.
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The Constitutional System

• Or
• Why it takes the government so long to do
  anything.

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Outline The Constitutional System

• Democracy
• Madisonian Democracy
• Pluralism
• Shared Powers
• Federalism

James Madison 1751 1836 4th President of the
U.S.
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Democracy

• Demos the people
• Kratein to rule
• Democracy Rule by the people
• Self government by the many, rather than the few.

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Democracy

• Two Types of Democracy
• Direct Democracy All citizens able to meet
  together regularly debate and decide on issues
  face-to-face. Best in small communities.
• Representative Democracy A system where
  representatives are selected by society at large
  to act in their place. Best in large communities.

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Fundamentals of Representative Democracy

• Popular Sovereignty
• Government policies reflect the wishes of the
  people
• Government leaders are elected
• Elections are free and fair
• People participate in the political process
• High-quality information is available
• The majority rules

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Fundamentals of Representative Democracy
(contd)

• 2. Political Equality Each person carries the
  same weight in voting and other political
  decision making.
• 3. Political Liberty Freedoms essential to the
  formation and expression of majority opinion and
  its translation into public policies.

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Outline The Constitutional System

• Democracy
• Madisonian Democracy
• Pluralism
• Shared Powers
• Federalism

James Madison 1751 1836 4th President of the
U.S.
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Madisonian Democracy

• Problem Self Interest
• CONFLICT
• Solution Self Interest!
• Fear Tyranny of the majority when the same
  groups is repeatedly losing and the same group is
  repeatedly winning. (Squire 27)

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The Solution according to Madison
Self Interest
Representation
Factions
Conflict
Dispersed Power
Freedom from Tyranny

• Many power points so all groups represented
• Shared power ensures no tyranny

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Example 1
Bob loves forests (self interest) Bob is both
ineffectual and unorganized on his own Bob seeks
better representation of his interests at a
higher level Bob finds that there is a group of
others who feel the same as Bob about
forests. Bob joins the Sierra Club and is
represented by an organized and effective faction
at the national and local levels. The Sierra Club
and the logging industry balance against each
other, no one group consistently wins. (Conflict)
Bob
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Example 2
Factions that are pro-immigration balance against
factions that are anti-immigration. Many bills
were discussed and debated. No resolution had
been made
This system protects the status quo.
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Self Interest

• Instrumental Self Interest Goal oriented
  action supposed to produce some outcome that is
  consistent with the individuals goals.
  (Madison)
• 2. Cost-Benefit Self Interest Individuals
  weigh the costs associated with acting in pursuit
  of their goals if costs outweigh benefit,
  individual does not act.

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Outline The Constitutional System

• Democracy
• Madisonian Democracy
• Pluralism
• Preventing Majority
• Tyranny
• Electoral Rules
• Shared Powers
• Formal Boundaries

James Madison 1751 1836 4th President of the
U.S.
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Pluralism

• Individuals are not as instrumentally
  self-interested as Madison thought.
• 2. But individuals can be politically active
  through non-political groups.
• These groups help to lower costs of participation.

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Pluralism

• 3. On different issues, different factions
  exercise power.
• 4. Cross-cutting cleavages exist
• No totally homogenous groups
• 5. No majority exists, just larger or smaller
  factions.

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Pluralist View of American Politics
CITIZENS
Belong to
VOTE FOR GOVERNMENT OFICIALS
INTEREST GROUPS
Try to Influence
GOVERNMENT
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Outline The Constitutional System

• Democracy
• Madisonian Democracy
• Pluralism
• Preventing Majority
• Tyranny
• Electoral Rules
• Shared Powers
• Formal Boundaries

James Madison 1751 1836 4th President of the
U.S.
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Preventing Majority Tyranny

• Framers Motivations
• Framers feared tyranny
• Framers feared concentrated power (King)
• Framers feared tyranny of the majority
• Framers feared the whims of the majority

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1. Electoral Rules

• Elections are subject to rules that inhibit the
  formation of permanent electoral majorities.
• The Rules
• Indirect Elections
• Fixed Terms in Office
• Geographically Defined Representation

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Electorate and Office Term

• Position Term Electorate
• House of Reps 2 Years The People
• President 4 Years Electoral College
• Senate 6 Years State Legislatures
• Supreme Court Life President Senate
• Justices

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2. Shared Powers

• Separation of powers Shared Powers

LEGISLATIVE Congress
EXECUTIVE The President
JUDICIAL The Supreme Court
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List of Shared powers

• Legislation passed by Congress can be vetoed by
  the President
• Legislation that is passed by Congress can be
  overruled by the Supreme Court
• The President can negotiate treaties, but they
  must be approved by the Senate
• Congress has the sole power to declare war, but
  the President must carry it out as
  Commander-in-Chief

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More Shared Powers

• The President can grant pardons, thereby
  overruling the federal courts in criminal matters
• Cabinet members other top govt officials are
  nominated by the President and subject to
  confirmation by the Senate
• Federal judges are nominated by the President
  confirmed by the Senate
• President may be impeached by the House and tried
  by the Senate w/ the Chief Justice as the judge.

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Federalism

• Federalism The idea that a country should have
  different levels of government each with its own
  set of sovereign political powers.
• Why not just one big federal government?
• The history.

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History Behind Federalism

• The Declaration of Independence (1776)

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History Behind Federalism

• The Articles of Confederation (1777 / 1781)

• The National Government would only have the
  powers states granted it.
• States retain their sovereignty, or supreme
  power, within their borders.
• The National Government would only have power to
  negotiate foreign relations.
• The Articles did not provide for an executive
  branch.

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Types of Federalism

• Dual Federalism
• National government supreme in all areas defined
  by the Constitution.
• State governments supreme in all other areas
• National and state government have little
  interaction
• Like a layer cake

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Types of Federalism

• Fiscal Federalism
• The practice of having the federal government pay
  for state and local government programs.
• Began in the 1930s
• Along with money came requirements about how to
  spend it.
• In recent years complaints about unfunded
  mandates.
• Like a marble cake

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States Rights vs. Nationalists

• States Rights
• Argue the Framers meant for the states to be
  coequal with the national government.
• Advocate for Dual Federalism

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States Rights vs. Nationalists

• Nationalists
• Constitution is a compact among the people to
  create a single national community
• Constitution grants the federal branches
  extensive powers
• Article VI
• Elastic Clause (or necessary and proper clause)
  in Article I, Sec. 8
• Advocate for more federal involvement to tackle
  whatever problems emerge that threaten the U.S.
  or the general welfare.

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Landmarks on the Road of Rising Federal Power
The Devolution Movement
9/11
Civil Rights Revolution
The Great Depression and the New Deal
The Industrial Revolution and Urbanization
The Civil War Amendments (13th, 14th, 15th)
The Civil War
McCulloch v. Maryland
Constitution replaces Articles
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Federalism A set of rules for political conflict.
Medicine or Dangerous Drug?
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Under Whose Rules Should Medical Marijuana Policy
be Decided?
In 1996 California passed the Compassionate Use
Act allowing the possession of marijuana for
medical use only.
In 2005 the Supreme Court determined that the
federal government can still ban possession of
the drug in states that have eliminated sanctions
for its use in treating symptoms of illness. This
decision was based on the Interstate Commerce
Clause (Article I, Section 8, U.S. Constitution)
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Under whose rule should guns be controlled?
1990 Congress passed the Gun Free School Zones
Act making it a federal offense for anyone to
knowingly possess a firearm in a school zone.
United States v. Lopez (1995) The Supreme Court
found that Congress had exceeded its power to
legislate based on the Commerce Clause.
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Under whose rule should marriage be defined?
The Defense of Marriage Act (1996) States do not
have to recognize same-sex marriages that take
place in other states. The Full Faith and
Credit clause of the Constitution would otherwise
require them to.
A Constitutional amendment defining marriage
would prohibit states from allowing same-sex
marriages entirely.
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In Federal-State Disputes the two sides are
rarely National State

• Examples
• Disputes over Civil Rights
• Pro-life vs. Pro-choice
• Labor vs. Management

• Opposing factions seek the venue that favors
  them in the dispute (state or federal).

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3. Formal Powers

• Habeas Corpus
• Government officials can not imprison a citizen
  who has not been charged with a crime.
• Bills of Attainder
• Congress cannot punish a citizen for a crime
  without a trial.
• Ex Post Facto laws
• Congress can not declare an act to be criminal
  after the act was committed.
• The Bill of Rights
• Individual rights that citizens posses the
  government can not violate an individuals rights.

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The Bill of Rights

• The first 10 amendments to the Constitution

A Partial List Freedom of speech Freedom of the
press Freedom of assembly Freedom of religious
worship Right to bear arms Prevent unreasonable
search and seizure Prevent cruel and unusual
punishment Prevent self-incrimination Guaranteeing
due process
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Outline The Constitutional System

• Democracy
• Madisonian Democracy
• Pluralism
• Preventing Majority
• Tyranny
• Electoral Rules
• Shared Powers
• Formal Boundaries

James Madison 1751 1836 4th President of the
U.S.