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Key Concepts for POLS 205 Politics, Power and Our Constitution Politics Power Government Resolving Conflicts Providing Public Services Setting Goals for Public Policies Preserving Culture What IS the Nature of Man? A representative democracy in the form of a Democratic Republic Direct Democracy Representative Democracy Confederation Federal system Unitary Nation State Core American Beliefs: Democracy Equality Individual liberty Private property Capitalism Nationalism and exceptionalism “Worst form of Government, except for all the others” The Constitution Articles of Confederacy The “Constitutional” Convention Seven Original Articles Ten Amendments form the Bill of Rights The remaining Seventeen Amendments Efficiency vs. Liberty and Equality About Limiting Government Four Constitutional Principles Separation of Powers and Checks and Balances Federalism Judicial Review A Limited Government with a Living Document Four Constitutional Principles Separation of Powers and Checks and Balances Three Branches of Government Three Legged Stool Checks and Balances Bicameralism The Cup and the Saucer If Angels Governed Angels
Federalism Federalist and Anti-federalists The Federalist dessert tray Imperium in Imperio Compromise Connecticut Compromise House Members apportioned by Population, two Senators per state 3/5th^ compromise Supremacy Reserved Powers Devolution Fiscal Federalism Case study – I can’t drive 55 Judicial Review Three Types of Law Constitutional Statutory Judge Made, Common Law, Case Law, Precedent Stare Decisis Unconstitutional Judicial Restraint, Judicial Activism Arbiter or Advocate Justice John Marshall “Marshall has made his decision…” Dred Scott and the double edged sword of judicial activism Strict Construction and Originalists A Limited Government with a Living Document Blue print for the protection of Liberty Limited Government: Oh, no you can’t! Constitutions are inherently conservative The Constitution needed more (BOR=Anti-federalists’ compromise) The Bill of Rights Ways we change the constitution: amendment, judicial interpretation, legislation, custom The direct method: The amendatory process Ratification 2/3 of Congress and 3/4 of state legislatures 21 st^ and state conventions 27 th^ from 1791 to 1992 Why it lives: Brief, kinda vague and flexible Cases: Marbury V. Madison (1803) McCullough vs. Maryland (1819) Gibbons vs. Ogden (1824) Dred Scott v. Sandford (1857) Presidential Power and Politics: Article II Between the Georges Who are these men? Overall trend line: expansion of presidential power Lincoln, Eisenhower and Buchanan style presidents
The Vice President A Pitcher of Warm Spit More recent levels of involvement The First Lady An incredible gamut of experiences and roles The Bureaucracy Private Sector Public Sector Civil Service Patronage Merit The Pendleton act of 1883 Pyramids and Paper Bureaucracy – NOT just government! The Classic Bureaucratic Shape Max Weber’s Bureaucratic Ideal Bureaucratic Characteristics An internal division of labor Specialization of work performed A vertical hierarchy or chain of command Well designed routines for carrying out operating tasks Reliance on precedents in resolving problems and a clear set of rules Spheres and Cycles Wilson’s Politics/ Administration Dichotomy Separate Spheres; Very little overlap The Continuing Policy Cycle Policy Development, Program Operation, Evaluation and Feedback Presidential Power vs. the “Entrenched” Bureaucracy Delegated Authority Agency Rulemaking and Adjudication Infiltrating the Iron Triangle The Legislative Branch Article I Legislative Powers: Makes legislation Appropriates funds to carry out laws May declare war Proposes amendments to Constitution Impeaches the President Regulates conduct of legislators Approves Appointments Ratifies treaties Title, Qualifications and Terms: House Representative or Congressman or Congresswoman 25 years old Citizen for 7 years Resident of their state 2 year terms
Senate Senator 30 years old Citizen for 9 years “Resident” of their state 6 year terms Representative or Statesman? The Delegate/Trustee Question Bicameralism The Cup and the Saucer Differences between the Two Houses Leadership and Organization How a Bill becomes a LAW 20,000 bills filed Committees Where the Work is Done Big Three House: Rules, Ways and Means, Appropriations Big Three Senate: Appropriations, Finance, Foreign Relations The Floor Filibusters Senate Only Rule 22 Staff Committee Staff and Personal Staff 35,000 staff people! organize hearings, negotiate… research… speak with voters, and promote legislation Elected staff: Clerk Sergeant at Arms Chaplain Executive/Legislative Tension Party Leadership Seniority Caucus Majority and Minority Party Congressional Powers: Money Appropriations Authority AND Cash Pork Deficits Debt Advise and Consent (Art. II, Sec. 2 (2)) Confirms (or rejects) Nominees Ratifies (or rejects) Treaties Part of Checks and Balances Oversight and Investigation Impeachment House Prosecutes, Senate Hears the Case Jackson and Clinton Nixon Resigned before Impeachment
Civil rights Treaty Federal law Diversity of Citizenship Parties of a lawsuit are from different states US citizen and a foreign entity (Rare) Decisions: Affirm, Reverse, Remand Opinions: Unanimous, Majority, Concurring, Dissenting, Per Curium Workload: Term begins the “First Monday in October” Generally done by June or early July 8,000 petitions filed per term (plus 1,200 other applications) About 100 cases actually heard each session Nominations: Litmus test “Borking” Senatorial Courtesy Top Supreme Court Cases: Marshall Court: Marbury v. Madison 1803 McCulloch v. Maryland 1819 Gibbons v. Ogden 1824 Dred Scott v. Sanford 1857 Plessy v. Ferguson 1896 Warren Court: Mapp v. Ohio 1961 Baker v. Carr 1962 Brown v. Board of Education 1954 Gideon v. Wainwright 1964 Miranda v. Arizona 1966 Burger Court: Roe v. Wade 1973 Nixon v. US 1974 UC v. Bakke 1978 Rehnquist Court: Bush V. Gore Judicial Activism Role of Judge: Arbiter or Advocate Role of Judiciary Activism or Restraint Unconstitutional or Overturned Federal Laws Overturned About 200 Judicial Rulings NOT held to as Precedent 140 cases since 1810 State Laws Overturned More than 1100
Article 6 was directed at assuring that STATES didn’t do anything that conflicted with the supreme national law. Limits on the Court: No initiative The Court must wait for someone with standing to bring suit No Army How exactly does the Court ENFORCE its decisions? They won’t do Political Questions (really, they won’t, honest, hardly ever…) Checks and Balances: Impeachment Appointments/Confirmations Judicial Structure, Number of Judges (152 new judgeships in 1979) Really specific legislation – no room for interpretation Constitutional Amendments (11,13,14,16,26) Restricting Jurisdiction True Constitutional Questions are rare. Sources of Strength: Enormous Prestige More than half have “a great deal” or “quite a lot” of confidence in the Court. The “guardians of the Constitution” Our Fragmented Constitutional Structure Creates the need for an umpire A HUGE Constituency – Lawyers Washington Lawyers: 1972 – 11,000; 1994 – 63, Democracy : Voting and the Constitution: Original Provisions Amendments What’s NOT there: Parties Campaign Finance The Role of the Media (except that it shall be freely exercised) Democratic Weirdness: The Party System Political Parties Interest Groups The Primary System Caucuses Primaries Conventions Debates What may kill the political party
Under Pressure: Lobbyists, Interest Groups and The Media Lobbyists: 14,000! Lobbying Techniques Direct and indirect Lobbying Grass Roots efforts Lobbyist Registration The Iron Triangle Lobbyists, Congressional Committees and Bureaucratic Personnel The Revolving Door Syndrome Interest Groups and PACs: Alexis de Tocqueville (1805–59) A nation of “joiners” Forming Associations Interest Groups Link citizens to government by organizing citizens with similar viewpoints on a specific policy area and presenting these views to government official (not necessarily elected) Money is the Mother’s Milk of Politics, thus… Political Action Committees Organizations set up by private groups to influence the political process by raising funds from their members The Law of Unintended Consequences 70’s reform yields an explosion of PACs Types of PACs Leadership PACs The New Kid: 527’s An organization that is created to receive and disburse funds to influence or attempt to influence the nomination, election, appointment or defeat of candidates for public office. What Kind of Bridge? The Media: 4 th^ Estate? 4 th^ Branch of Government? The Marketplace of Ideas The Media Menu News Reports Entertainment Advertising News: The Role of the Press Gatekeeper Scorekeeper Watch Dog Problems With the Press: Sensationalism: If it bleeds, it leads; if it burns, it turns heads Selectivity What’s News, What Isn’t Agenda Setting Surreptitious bias
Everyone has a point of view I’d rather listen to someone who recognizes that they have a bias. Unfortunately, that’s rare. Entertainment: Re-defining “Normal” Advertising: Most of the profits in the media industry come from: Advertising 60% of Presidential campaign funds are spent on advertising 30 Seconds of Superbowl airtime is just under $2 million bucks! Interbreeding: Infotainment and Product Placement Press Secretary Recent Trends Paperless Magazines; Online subscriptions Embedded Reporters BLOGs Civil Rights and Civil Liberties Protecting Us From Our Government and From Each Other The Worth of One Individual Soul Civil Liberties Protect people from government (and by extension, the will of the “mob” or majority) A positive obligation of government; things it must provide; or Restraining the government’s actions against individuals Also expressed in terms of “rights”: right to assemble, right to trial by jury, right to counsel Civil Rights Protect people from people Guards groups against discrimination by other groups or individuals or corporations Rooted in the 14th amendment’s guarantee of equal protection under the law. Original Constitutional Rights: Habeas Corpus No Bill of Attainder No Ex-Post Facto The Bill of Rights: On September 25, 1789, Congress transmitted to the state legislatures twelve proposed amendments, two of which, having to do with Congressional representation and Congressional pay, were not adopted. The remaining ten amendments became the Bill of Rights. First Amendment: Freedom of Religion “Separation” of Church and State Not an explicit Constitutional concept Jefferson’s letter to the Danbury Baptists Freedom of Expression Free Speech Free Press Freedom of Assembly Balancing liberty and protection Freedom to Petition for Redress
Civil Rights: Protecting Ourselves from… Ourselves Civil Rights Cases: Plessy vs. Ferguson (1896) Upheld the 1890 Louisiana statute called the "Separate Car Act", which stated "that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races… Brown vs. The Board of Education of Topeka, Kansas (1954) "We conclude that the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." —Chief Justice Earl Warren Civil Rights Legislation and Amendments: Civil Rights Act of 1964 Based on the Commerce Clause Aimed to eliminate discrimination based on race, ethnicity, gender or religion Amendment 24 (1964) No poll taxes Voting Rights Act of 1965 No literacy tests, no “grandfather clauses” Civil Rights Act of 1968 Forbade discrimination in housing The Equal Rights For Women 19th Amendment (1920) Votes for Women 1923 Equal Rights Amendment proposed 1963 Pay Equity Law 1964 Title VII of the Civil Rights Act aims to eliminate gender discrimination 1972 – Title IX of Education Act prohibits sex discrimination – funding for women’s sports 1973 Congress approves Equal Rights Amendment (ERA) for submission for ratification (The ERA is never ratified, despite an extension of time. However, “incorporation” of equal rights under the 14th amendment now make the ERA seem less necessary.) Elitism, Egalitarianism, and Pluralism: Elitism Caste or Class Elitism: Born Better Modern Elitism: Some people are better than others, either by birth, by choice, by effort, or by nature. Egalitarianism Colonial Egalitarianism: Self evident: All men are created equal… White, land owning males We have an equal say, and as Christians, equal value, but not necessarily equal gifts or skills A more modern interpretation: Everyone is, can be, or should be equal. Pluralism A GROUP theory of democracy. Society contains many conflicting groups with access to government officials, and these groups compete with one another to influence policy decisions. The compromises that result become public policy.
Key Concepts of Pluralism: Fragmentation of Power Opposing pressures: Duke-ing it out in the marketplace of ideas Bargaining Horse-trading: Groups must bargain with each other to obtain their goals Compromise Accommodation: Half a loaf IS better… Consensus Agreement: majority acceptance of foundational values and specific policy choices Elite Theory Society is dominated by unified and non-representative leaders, called the power elite. Elites secure the important decision making positions while encouraging powerlessness below. Society is held together, not by widespread agreement, but by force and control… the only consensus that exists American Elitism We all have the potential to become elites Hyperpluralism Conspiracy Theories A compromise or two: Plural Elitism The Wrought Iron Fence National Elites and Local Pluralists Central Question: What is the nature of man? What you believe informs how you create a government. What you believe informs how you view government! What do you believe?
