Gov 20 Final

States as laboratories

- Common term about Federalism - Pitney and Bessette Book - Greva (in Polarization book) - Quote by Louis Brandeis: state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country - 50 states and each state has a certain degree of autonomy in policy making - Individual states can try to serve their own interests, but federal law can dominate an issue area - Sometimes the government creates policies that overrides the state laws - Minimum wage - Environmental policies

Different characteristics of Senate vs. House of Representatives

- House: Hierarchical system, majority runs rules committee, limited time for debate, does tax bills, majority vote for articles of impeachment, Speaker presides - Senate: Individuals have lots of power, unlimited debate (filibuster/cloture w/ 60 votes), Vice president presides, confirms judges, ambassadors, cabinet secretaries, ⅔ vote for confirmed removal of president from office

I Have a Dream by MLK

-100 years after Lincoln, black people are still treated unfairly -Government has written a bad check, can not be cashed -One day we should all live equally and with each other

Ratification debate

-1787 delegates from a majority of states wrote and signed Constitution -VA vs NJ vs Hamilton plan -Original constitution had 1. writ of habeus corpus 2. outlawed bills of attainer (a law targeting one person or a group of people) 3. ex post de facto law (can't outlaw something after someone does it to punish them) but Bill of Rights was constructed anyways -Normal rules required approval of all 13 states but delegates created alternative of only 9 required -Bill of Rights was promised if ratification was approved -NY and VA officially allowed Constitution to be ratified

Original Sin

-About awfulness of slavery -⅗ compromise occurred in drafting of Constitution -Eli Whitney cotton gin -Blacks even in North were treated as lower class citizens

Marbury vs Madison (1803)

-After Thomas Jefferson elected in 1800, Adams attempted to appoint significantly more judges through new judiciary act he created to upset his successor -However, judges needed to receive their commission before being able to be judges and his commission was left in the Sec. of States office after Adams left office -Marbury brought case to SC to demand he receive his commission -Court held that Judiciary Act of 1789 that allowed public officials such as Marbury to directly bring their case to the SC as in conflict with Article III, Section II of Constitution -Therefore, although Madisons refusal to deliver the commission was illegal, Madison won case because SC declared Judiciary Act of 1789 unconstitutional because Constitution is supreme through Supremacy Clause SC gave itself this power of judicial review in this case, and has used it ever since

How the Americans Combat Individualism by the Doctrine of Self-interest Properly Understood in Toke

-Almost never said that virtue is beautiful in the United States as people become more concentrated on themselves -They are convinced that each man can follow his interest, and they do their best to prove that each interest is honest (reasonable pluralism) -Idea is that aiding others benefits the others through overall benefit of the society -Doctrine suggests little sacrifices every day which cannot make any individual virtuous but as a whole makes the society nearer to virtue through habits -In America, each individual knows how to sacrifice a piece of his interests to fully maintain the others. -This is enlightened compared to England or other countries

Why Some Americans Display Enthusiastic Forms of Spirituality in Toke

-Although materialism is very present, you will find moments where spiritualism is more prominent. -Entire families travel far just to hear a preacher speak -Soul has needs that must be satisfied (by religion)

An Activist's Court: Political Polarization and the Roberts Court

-Amanda Hollis-Brusky -Gridlock elsewhere has led to increasing pressure on the SC from outside and they have taken an increasingly activist stance -Causes: Mismatch between Americans increasing desire for more protections/justice/rights and governments check/balances that stop it from being so quick and able to make laws; polarization in Congress which has led to gridlock; ideological distance has grown between parties since 1980's fairly significantly; divided government in house/executive; -Supreme Court increasingly inviting political controversy, started to signal to activists that they are interested in specific cases -Is not practicing judicial restraint: maintaining democratic will whenever possible and being mindful not to push the law too far too fast -Consequences: Elites, lawyers, unelected judges are the ones making our laws; lack of checks and balances; Law interest groups known as Federalist Society (right wing) and American Constitution Society (left wing) have come to dominate in getting cases to the court and also promoting justices and such that they want on the court (both supply and demand); Congress has limited ability to counteract judicial rulings; Because of precedent, decisions are hard to reverse so we become set on a certain path increasingly fast

The Main Causes Tending to Maintain a Democratic Republic in the United States in Toke

-America has geographic isolation, social homogeneity, seemingly boundless lands, no current wars, etc. -Increasing tendency towards mobility and expansion -Religion and spirit of freedom flourish together -Widespread education -Mores —> Laws —> Physical causes in descending order are most important in maintaining a successful:C democratic society

Why the Americans are Often so Restless in the Midst of Their Prosperity in Toke

-Americans are freest and happiest people placed in happiest conditions that exist in the world, however they appear to be always sad in the midst of all of these pleasures -This is because they are constantly thinking of what they do not have and think they want -Americans want goods as if they will never die but act in trying to achieve them as if they will die at any moment and will never get to experience them -Taste for material enjoyments is cause. -With more equality, more options are open and so each individual's wants to climb the peak and achieve greatness. However there are many more challenges because they are weaker as individuals -Will resists commiting suicide, but reason is always searching for way to satisfy this material desire

Writ of certiorari

-Bessette and Pitney -Power of the SC to decide whether to hear a case or not -Must file for a petition of writ of certiorari -4/9 must vote to grant the petition -Grant "cert" → hear 90 cases per year -Very thin neck of the funnel

Chapter 17 in Muir: Congress as Defender of Freedom

-Both Madison and Toke feared the tyranny of the majority, or, more succinctly put, majority tyranny -Madison, however, thought that the institution of congress could create more enlightened legislators (legislatures as schools) -Congress was a filter on the will of the people but it still repped will of the people -Legislators had to love justice and want to rep all of their constituents, not just their voters or their cronies -Love of justice is like Eisenhower being open to new ideas and being humble, listening to people's grievances

Presidential powers

-Commander in chief -Veto power -Executive orders -Treaty making -Appointing judges, ambassadors, officers of executive offices -Grant pardon -Recommend to Congress -"bully pulpit"

Necessary and Proper Clause

-Congress can make any laws necessary and proper to enforce powers of Constitution -Elastic clause

Chapter 16 in Muir: Legislatures are Schools

-Congress should turn out good lawmakers -New lawmakers learn from old ones -Creates a higher institutional standing in Congress -Fed 53

Bicameral legislature

-Congress was believed to be the strongest branch so two branches were formed -Senate and House both have different roles

Federalist 9

-Constitution is strong starting point -Confederacy should suppress factions, guard tranquility, increase external force and security

Federalist 10

-Control over factions -Factions are an inevitable part of society. Happen because of religion, wealth, race, interests, etc. -Two ways to solve: remove causes or control effects -Removing causes is to destroy liberty which is even worse -Such a large country will result in more capable being in office -Representative democracy stops mob rule -Trustee model was Madison's idea of a rep over delegate model

Articles of Confederation

-Created weak central authority after Revolutionary war from 1777 to 1788 -Only Congress - no exec or judiciary -States would pick reps and all had equal -National gov was reliant on states for revenue and army -States did not defer to Congress on foreign policy -States set own commercial policy which hurt each other -Border disputes among states common -Shay's rebellion 1786 showed lack of army ability from national gov -Paper money printing destroyed Rhode island economy

Real Advantages Derived by American Society from Democratic Government in Toke

-Defects of a democratic government may be obvious, but benefits require much longer term studying -Democratic laws are made to promote the welfare of the majority of people and so overall helps a greater sum of people than aristocratic societies -Democracies commit many faults, but they can afterwards be repaired unlike aristocracies (elections ensure this) -Factions that exist also make it most reasonable for democracy, as one faction should not entirely have power which it can then use for its own benefit against the others -Public officials are often inferior in morals and capabilities to what aristocracies would have, but this allows them to follow desires of people

Federalist 64

-Defends ability of President to enter treaties with ⅔ of Senate approval -Senate and executive are most enlightened and experienced leaders -Treaties must be binding

Federalist 72

-Defends allowing reelection of president infinitely -If capped elections, president may try to illegally grab power -22nd amendment later caps presidential terms

Federalist 74

-Defends power of president to be commander-in-chief -War requires a single leader -Can grant pardons more swiftly: keepers of the peace

Federalist 76

-Defends the power of the president to appoint public officials with the advice and consent of the Senate -Granting the nominating power to the president and ratifying power to the senate is the best strategy -There will be virtue in the Senate so that the president cannot corrupt or persuade the Senators

Federalist 75

-Defends treaty making procedures -Argues that the formation of treaties does not specifically fit to any branch -Treaties should not just be limited to the presidency because of the shorter terms because president may sign treaties that serve his own private interests but not the interests of the nation

Chapter 12 in Muir: Political Democracy

-Democratic and Repub parties w/ lots of third parties -All parties are designed to spread their truth -Democracy creates armed standoff between people and legislators. 50% +1 is all that is needed. -Political parties must appeal to diverse constituencies to guarantee 50 +1 -Dems: Equality of condition -Repub: Equality of condition and choices -"Liberty (Repub (good guys)) and justice (Dems (bad guys)) for all" -Political democracy is protected by effective marketplace, competent legislators, protections of freedom of speech and assembly, education, personal safety

Direct vs. representative democracy

-Direct: All people decide -Representative: The people choose reps to decide for them

How Americans Apply the Doctrine of Self-interest Properly Understood to Religion in Toke

-Doctrine of self interest properly understood also extends to afterlife -Watch passions and control excesses in one's life to achieve a good afterlife -However, most of this love seems to come from a place out of a sincere love for God rather than simply expecting recompense in the afterlife -Self interest properly understood brings more people to religion as it is a minimal cost for a great afterlife; Pascal's wager

How the Americans Combat the Effects of Individualism by Free Institutions in Toke

-Equality and despotism both aid each other as despotism makes individualism created by equality a sort of public virtue -Longing to be elected and serve public office brings men to lend each other mutual support for a common desire -Lack of centralization of politics ensures that this occasion for citizens to act together was multiplied extensively throughout the country -If you are a public official in a community you live in, then that political mutual support begins to bleed into personal lives -This interest in public good makes people see use in each other and so brings rich and poor together to see mutual benefit -It is not the elected that make democracy prosper, but the fact that they are elected -Men tend to lean towards benevolence when they started neutral because of this

Why Democratic Nations Show a More Ardent and Enduring Love for Equality than for Freedom

-Equality and liberty can both vary and are not necessarily directly correlated -Taste men have for equality and freedom are two different things -Freedom is a singular and dominating fact that has taken many forms throughout history and therefore is not representative of what a democracy is -Equality is more valued than freedom because equality is hard to destroy whereas freedom will escape simply if one doesn't hold onto it. It feels like equality will last forever -Smart people know that equality poses perils too. They only show up gradually though -Freedom shows it's benefits in the long term whereas the advantages of equality make themselves seem apparent immediately -Sometimes equality reaches a tipping point where old social hierarchies are destroyed and people rush for more equality (*cough* French Revolution *cough* the worst event ever *cough* (jk that's the holocaust and the slave trade) -Democratic people have a natural taste for freedom, but for equality they have an insatiable appetite for equality in freedom—and if they cannot have it they will take slavery. They tolerate almost anything but aristocracy

The Supreme Court

-Established through Article III -No definitive size layed out for number of members of lower federal courts -Supreme Court has original jurisdiction, meaning it can directly take the case, if the case involves ambassadors, other public ministers and consuls, or foreign nations or different states

Article III

-Establishes Judicial branch -Section I: Establishes SC and allows Congress to figure out other courts; Judges shall behave legally and salary can not be decreased during tenure -Section II: Judiciary has say over cases arising in the US; Cases move to federal court if it is a federal question or diversity jurisdiction (differ in state or nationality) -Section III: Defines treason and gives power to declare punishment

Article II

-Establishes executive branch -Section I: Defines 4 year term for president; Electors for electoral college system may be chosen by states; If in election no majority is chosen, House votes; No person except natural born citizen can be president; VP takes over if president dies/can't hold office; President salary shall not be diminished while in office; Must take oath of office -Section II: Commander in Chief of military; Can grant pardons; Make treaties; Appoint ambassadors, judges of SC, ministers/consuls; Can fil vacancies that occur during Senate recess -Section III: give State of the Union, convene both or either of the houses of Congress; make sure laws are faithfully executed -Section IV: Treason, bribery, or other high crimes and misdemeanors are grounds for impeachment as described in Article I

The Three Races that Inhabit the United States in Toke

-Europeans are elite, tyrannical, civilized -Europeans, negros, and Indians all coexist uneasily in this new country -Indians are being pushed out by European civilization. They are equally intelligent but want to live their life in a barbarous way and there refusal of adopting a more civilized way of life that they are completely capable of is their fault. -Negro destiny is more intertwined with Europeans Negros are born natural slaver, independence is a larger weight than servitude because they are not rational beings and so are not able to sustain themselves -Presence of black people on US soil is the biggest threat to successful future because the difference between master and slave is separated by race, so dislike lingers long after freedom has been achieved—through generations unlike any other master-slave relationship in history -Prejudice repels any free black men from political life and many of his rights -In the north people try to distance themselves in fear that one day they will have to fully intermingle with blacks, whereas Southerners don't have this fear because even if that does happen, they know they can always force them back down. -Slavery creates lazy masters which leaves communities lacking in industry/motivation (Kentucky slavery vs Ohio free state example)

Anti-Federalists

-Fear of tyranny -Wanted politicians on short leash, delegate model, preferred house -Much more southern because of agriculture -Congress members can not represent super large populations of people effectively

Chapter 18 in Muir: The Supreme Court as Freedom's Protector

-Fed 78 established the idea of judicial review because the const has to be fax -Hamilton depended on the courts to defend freedom whereas Madison depended on an enlightened legislature to do that -Marshall got onto the supreme court via court packing -Used Marbury v Madison to establish judicial review by saying that the Judiciary Act of 1789 violated the constitution because it let people directly to the Supreme, which Marbury did, despite the constitution saying the SCOTUS is solely a court of appeals. -While Bush v Gore may be a controversial opinion for libtards and triggered and impotent law school degenerates, it showed people respect the court's decision and rule of law, even if it meant liberals cried for eight years while drinking Charles Shaw pinot griggio and eating strawberry ice cream on their Crate & Barrel couch in their $1.3 million mansion watching Jon Stewart destroy the neocons. (more of a transition to chapter 19)

Federal vs state courts/Jurisdiction

-Federal system: District courts —> Circuit Court of Appeals/Appellate Courts(11) or DC Court of Appeals —> Supreme court; Deals with federal laws, bankruptcy, immigration, IRS, cases where US is a party, copyright, patent, maritime law, between citizens of different states, etc. -State system: Trial Court —> State Court —> State Supreme court; Hears all cases except those that Federal system takes. If it is applicable to both, then parties get to decide which they want. -State courts hear many more cases every year and are growing increasingly more important. State SC can interpret its state constitution as broadly as it wants and SC is not allowed to even hear case against them regarding constitutionality of that interpretation.

Chapter 13 in Muir: The Presidency

-Federalist 70: there needs to be a unitary executive to act quickly, decisively, and with energy, especially on issues of national defense (could also apply to domestic policies too) -The president has nine powers (6/9 (nice) are outlined in Article II) -He or she shares treaty making and appointing officials with Chancellor Palpatine (if you don't get this reference then you don't deserve an A) -Other four (commander in chief, executing dem lawz, pardons, and leading executive agencies/departments) are solely to president, whomever he or she is. -Article I says that he or she has veto power (7th power) -He or she sets the agenda according to Article II (technically not a power but a duty but still) -He or she has the bully pulpit (State of the Union was only explicit constitutional power) -Hamilton Fed 71: rhetorical power of presidency to check misjudgments -The president is both a uniter and divider, as he or she sets the agenda of his or her party, an act of opposition, but he or she is also supposed lead his or her nation as a uniter. -A prime minister is entirely a divider because he or she, while being the leader of his or her respective country, is acknowledged as a partisan divider by leading his or her political party -A monarch is the opposite; being the unitary leader of his or her country, he or she is expected to unite his or her country under his or her rule. -Toke predicted that once the United States, once it became a superpower, would not have a weak president, whomever he or she may be. -By 1933, with more agencies, revenue, and staff, the president, at the time FDR, expanded the executive branch because of the US's stature as a global superpower, but also because of division of labor. People needed the government to come in and protect their livelihoods in an era of threats to their jobs (i.e. the Great Depression) -The president also has a lot of competing information to use. He or she must make decisions with monumental ramifications in a world where information is often contradictory. -Also power corrupts other people to threaten his or her safety. Being p resident ain't easy, as a famous scholar once said (that scholar was me, Simon Gilbert, who is somehow finding a way to procrastinate while doing work by shoving as many memes as possible into one explanation of one chapter of Freedom in America (2012) by William Ker Muir Jr. Published by CQ Press on 2300 N Street, NW, Suite 800, Washington, District of Columbia, 20037, East Coast, United States, North America, Western Hemisphere, Northern Hemisphere, Earth).

In Defense of Polarization

-Founders did not talk about polarization, but rather party -Federalist papers cry out against tribalism presented by parties -Public opinion must also be used as a check and balance decided Madison -Madison transformed into a polarizer in 1791-92 -Dem Republicans won major victory in 1800 w/ election of Thomas Jefferson -Lincoln Douglas debates of 1858 about slavery -Lincoln presented no middle ground between slavery and freedom like Douglas wanted -If compromise was made, North would become indifferent, and slaveholders would win -Polarization with respectful debate is the best thing

John Marshall

-Fourth SC Chief Justice -Made the SC more powerful than it ever was, many had previously designed to apparent weakness of this branch of government -Decided Marbury vs Madison case which gave SC power of judicial review and gave it the modern powers it has today.

The modern presidency (changes in the office over time)

-George Washington: largely successful, kept nation out of conflict, stifled the Whiskey Rebellion, resigned after two terms in office setting the precedent -John Adams: continued Washington's policies but was forced out by growing discontent from Federalists and rise of Dem Republicans -Thomas Jefferson: largely increased power of office, sent navy to protect some Americans from pirates which he defended with executive prerogative -Andrew Jackson: increased Presidential power most significantly, South Carolina nullification crisis, Trail of Tears and ignoring SC ruling, speaking directly to people, "man of the people" -Lincoln: After Fort Sumter attack, started Civil War to preserve Union, started draft, suspended habeas corpus, -Teddy Roosevelt: attacked large corporations, created term "bully pulpit" rhetoric began to be more common in Presidents when it had once been viewed as the tool of the demagogue -Woodrow Wilson: Used rhetoric to the max, made executive significant lawmaking power, drew US into WWI, negotiated Versailles Treaty, made President representation of national opinion who should educate citizenry and shape national sentiment -FDR: First president to speak to people directly through fireside chats, led through Great Depression and WWII, interpreted constitutional powers broadly and committed sweeping reform and increase in power through social programs -Nixon: people had to rethink these virtues of modern presidency: legislative influence and rhetorical power due to Watergate -Reagan: embraced rhetorical leadership more than any President ever at that point, faced lots of challenges battling Congress, was less successful second term due to Iran-Contra scandal -Obama: Bailed out banks and industries with stimulus package, extensive healthcare plans, reshaped national security policy, continued to "push the envelope" of his power after losses in Congress who then became obstructionist. Peak of rhetorical and legislative power

The Small Republic/ What the anti federalists were for

-Governments instituted to secure rights are the state governments, not federal -All to do with size, free republican govs. Could only extend over relatively small area -Only in this way can the government be responsible and the people be attached to it voluntarily -Large governments must have a standing army to ensure respect from people, not what Antifederalists want -No great talents are necessary for government, politicians should be the same as regular people. However, they conceded aristocracy would be somewhat inevitable. -Small republic emphasizes good character of people which produces good citizens

Federalist 67

-Hamilton accuses the anti-Federalists for misunderstanding and misrepresenting the Constitutional provisions relating to the presidency -H. dispels myths about the fact that the executive branch would be similar to a monarchy by conducting a close reading of the Constitutional powers -This paper begins where Hamilton starts to defend the American system

Federalist 84

-Hamilton argues that Bill of Rights is not necessary -Hamilton says Constitution provides 6 things: Provides power to impeach, writ of habeas corpus, bills of attainder, ex post facto laws, right to trial by jury, treason is very carefully defined -States will act as guard against national governments

Federalist 66

-Hamilton continues to argue for Senate used as court of impeachment -Says it is necessary as a check against executive -House will have sufficient power to counter influence of Senate -Senate will not be blind to obvious crimes, wouldn't be that impartial -Only a few corrupt leaders could possibly be involved in a corrupt treaty

Federalist 68

-Hamilton defend process for selecting the president -Argues the system of the electoral college prevents against disorder while also protecting the interests of the people -Direct election may lead to more instability -Electors are protected from bias since they do not hold political offices -Discusses the provisions of the House to elect the president and vice president when a candidate does not receive a majority vote

Federalist 71

-Hamilton defends against the 4 year terms -Some feared that such a long term would cause the president to have too much power, yet he defends the four year term because of energy -4 year term allows president to counteract temporary passions or influences of faction -Even when the people want a flawed policy, it is the executive's role to subdue that division -If the election periods were shorter, then presidents are more likely to make more bold and controversial policies

Federalist 70

-Hamilton makes the argument that an energetic and forceful president is essential in a good government -National defense, a sound administration of the law, and protection of property rights depend all on the vitality of the president -Strong presidencies helps fight against faction, anarchy, and excessive ambitions of others -Executive branch must be united, sufficient powers, and certain degree of secrecy -Conflict is especially dangerous because decisions must be quick in the executive branch -Congress must have discussion and deliberation and this helps prevent coercion by the majority -Bad to have two presidents because faults and defects are more easily concealed when there is two people in power -The president cannot be immune from censure, accountability, or punishment -The king sometimes forms as a council as a form of public relations to separate him from the public but he does not adhere to the decisions of the council→ protects the king's absolute power -Hamilton makes the argument that those who think there should be a council for the presidency understands that it needs to be large, yet it would be expensive to pay for all of the salaries

Federalist 78

-Hamilton says judicial review is more democratic than not having it -Popular will created the Constitution -SC regulates what popular will's elected representatives create in their laws -Ultimately more democratic to preserve Constitution as it is created from popular will

Institutionalization of the House of Representatives

-Has become more and more of a career -Members are serving longer terms than they ever used to. Henry clay example.

Institutionalization of US House

-Henry Clay bounced around so many times - became speaker and then resigned and then re elected, etc. -Politicians today are making a career out of it. -Incumbent advantages. -3 ways an organization is institutionalized. 1. Well bounded 2. Relatively complex 3 Use universalistic criteria

Chapter 14 in Muir: The Coercive Power of the Presidency

-How do presidents get information to make decisions? Only rarely do they have experience that gives them nuanced insight. -National Security Council helps with coercive military power -Office of Management and Budget helps with (you guessed it!) how to budget for administration -Council of Economic Advisors, surprisingly, advises on how to make economic policy -Communications helps him exercise moral power -Personal power of the presidency, because he or she doesn't have to listen to these advisors if he or she doesn't want to -Allows president to have deliberative advisors, but also that means that if he or she doesn't care about policy details, he or she will tend to listen to people who agree with them or flatter them. (*cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough**cough*)

Federalist 77

-Importance of stability in the administration of the government as a justification for requiring Senate approval to appoint or displace public officials -Rejects the notion that the Senate would have undue influence over the executive in the appointment of officials -Role of Senate is to restrain the president

Judicial activism

-Judges push their own policy preferences into law and actively seek out to do so -Ex: Purposely taking a case just to set a precedent that aligns with political views Increasing willingness to take controversial cases and seeks them out

President vs King

-King had absolute veto over legislative acts -King could dissolve legislature at any time -King could make treaties -King could take nation to war -King could not be removed from office by legislature

Limitations on presidential powers

-Lack of legislative power -Checks and balances -Ability to be impeached -Figurehead and so has to be more careful publically

Politics and the English Language

-Language is an instrument we shape for our own purposes -Language is becoming meaningless as people all call each other fascists -George Orwell

Legislature as school

-Legislatures teach congressmen to be good reps -that's why hierarchy works -Congress is designed to make good congressmen not good laws (trustee model) -Fed 53 -lobbyists play an important role in educating congressmen because they're the ones actually engaged in their specialized fields, while congressmen aren't, like division of labor but in politics (arguable) -constituents are like students with power over their teachers

Impeachment

-Majority of House to impeach -2/3 of Senate to indict on impeachment and remove from office

Federalist 69

-Makes points for how the presidency will not be like a monarchy -King of England inherits their position while the president is elected -President only has a qualified negative on legislative acts (his veto can be overturned), while the king has an absolute negative -Both are commander in chief, but the king can raise and maintain armies (only the legislature can do that in America) -The presidency needs approval from Senate in order to make treaties, whereas the king can make treaties however he sees fit -President can only appoint officers with approval of the Senate, while the king can appoint anyone to any title -President has little control over the commerce and currency Hamilton points out that the president would have less powers than the governor of New York

How Religion in the United States Makes Use of Democratic Instincts in Toke

-Men have immense interest in having a fixed idea about God which would encourage their practice in daily life -When religion is destroyed, men lose track of goal of life -Religion needs to be widespread to combat materialism as well as religious fanaticism

Federalism in a Polarized Age

-Michael Greve -Federalism is collapsing due to increasing federal pressure, -Sectional federalism needs to stay strong -Congress and judiciary needs to be a more effective check on the executive branch

Chapter 9 in Muir: Moral Power

-Moral power (leadership) is persuasion by appealing to people's belief systems and ideas -Ideas are the connection of two concepts (generally that one concept is good or bad for something else) -Changing one's mind can have serious consequences -Paradox of perception: "beliefs enable seeing" people make predictions about results in real life based on their ideas/beliefs -Paradox of responsibility: people don't want to change their mind if it makes their past deeds unsavory or evil ("the more irrevocable the deed, the more irreversible the idea that sired it") -Paradox of social order: people don't want to change, because social order necessarily opposes change, even though change may be necessary at some times to preserve the mfing social order -Moral disorder is dangerous because it makes people susceptible to demagogues

Chapter 25 in Muir: We the People

-More Americans. More Freedom. More Greatness. -We're also diverse (take that white supremacists. Years of drinking wine on the couch and watching the Daily Show worked out for us, didn't it?) -Mobility, undue anxiety, getting bread (making money, if you want to be all serious about it), faith in progress, capacity for voluntary, private teamwork, love of their work, are the eight characteristics of americans -Americans, according to David Brooks, kinda live in "future tense," largely because of commerce and the Free Market.

Veto

-Most effective tool for influencing legislation -All bills and resolutions, except those amending the Constitution, must go past President -⅔ vote in each chamber to override veto -President must send reasons if he/she vetoes bill to promote deliberation -1845 was first time Congress override Presidential veto Jackson was first president to make veto on policy grounds acceptable -Vetoes much more likely when President lacks a majority -"credible veto" where opposition party doesn't think they will be able to override and so tries to split differences -Partial government shutdown over vetoes '95-'96

Federalist 23

-Most important part of union is preservation, standing military, should have unlimited power as we can not foresee future emergencies -Government must have power to pass all laws it deems necessary

Term limits movement / U.S. Term Limits v. Thornton

-Movement in the 80's and 90's to get term limits for members of Congress -Succeeded in 22 states but was then struck down by SC as unconstitutional - broke 1st Article of constitution by adding extra requirement for office.

Federalist 59

-National control over scheduling and regulation of elections is necessary for states to not hold control over national government -States electing senators is necessary compromise

Founders' view of human nature

-Naturally self interested, evil, and will grab for power, ambitious, short-sighted -people want to be free (jefferson)

How Religious Beliefs at Times Turn the Thoughts of Americans Towards Spiritual Things in Toke

-Need to cultivate taste for spiritual pleasures because materialism is so prevalent -Church and state should be separated, but government should advocate that all people adopt religion in one form or another

On the Connection Between Associations and Newspapers in Toke

-Newspapers give purpose to people to create associations -Newspapers provide the tools necessary to form these associations because people can find each other in this sea of equality where they are all the same -Newspapers can also sustain associations which in turn sustain newspapers (positive feedback loop) -Newspapers always have one base association which is their habitual readers. As long as there are readers, there is some conception of community that can then be turned into actual further associations if they so wish. -Political associations also are affected by newspapers. The more local government is the more newspapers prosper and increase as people need to be informed about what is happening and an increasing amount of local politicians need to be able to communicate and know news further up the branch such as national news

Federalist 51

-Once gov is created it should be controlled by 1. Regular elections 2. Checks and balances -Horizontal checks and balances = between federal branches -Vertical checks and balances = between federal and state -Tie ambition of person to the position to be productive -Checks and balances of the three branches of government -All men are imperfect and government is made of men -However, legislative is often most powerful so it is therefore two branches -Majorities must be carefully regulated to not destroy minorities.

Polarization and the Administrative State

-Parties are divided over how far the government is supposed to spread -Polarization has weakened Congress's ability to control agencies. Many show more loyalty to party then the branch they actually are a part of. -Polarization has created incentives for presidents to pursue policy agenda through administrative action rather than legislative process -In Constitution, separation of powers was very important Modern administrative powers can be attributed to Pendleton Civil Service reform 1883 and the Interstate Commerce Commission 1887 -Supreme Court eventually gave Congress total discretion in delegating powers to agencies. -Executive agencies formed: FBI, IRS, cabinets, etc. Interdependent agencies: FEC, Federal Reserve Board, etc. -After New Deal, presidents generally didn't try to dismantle programs until Reagan -Congress has establishes and funds agencies -Executive appoints top agency officials, Reagan implemented "unitary executive" -Courts can assert power over some agencies through cases brought to them -Polarization slows down progress. Early Obama years were productive, but later not so much -Polarization neutered Congress's check on executive power during the Obama years -Administrative state has become central battleground for parties

Chapter 20 in Muir: Parties

-Parties are machines in that they are in the business of exchanging patronage for support, tendency towards middle -Parties are coalitions in that they are simply a collection of intermediary institutions -Parties are churches in the way partisanship works and why people spread their beliefs

Judicial restraint

-Passive judiciary that only strikes down laws if they are unconstitutional and otherwise lets them be -Does not actively seek out cases

How Equality Suggests to the Americans the Imperfectability of Man in Toke

-People do not seek to move further up in an aristocratic society -Whereas, in a democratic society the ability to become perfect is more in reach and so people struggle towards it much more strongly—and so they are able to better realize how impossible it is to get there

How Individualism is More Pronounced at the End of a Democratic Revolution Than at any Other Time in Toke

-People who have recently arrived at independence are "drunk with power" and have no difficulty in showing that they only need themselves to be self sufficient -Those who were first in the hierarchy do not immediately forget there greatness in this new society and so sees everyone as oppressors while simultaneously being unable to recognize those who were formerly equals in this higher class. -Those were low on the hierarchy enjoy this new freedom with a restiveness and timidness for fear of losing it again -So, citizens are most disposed to isolate themselves immediately after a revolution. -Fortunately, America arrived at democracy without having to suffer a democratic revolution and so its people were born equal

Reconstruction

-Period after civil war w/ discriminatory laws -Troops were pulled out of South after Rutherford B Hayes elected

Liberal democracy

-Personal freedom is promoted -freedom of association -free markets somewhat

On The Use Which Americans Make of Associations in Civil Life in Toke

-Political associations, as mentioned above, are only a small fraction of all associations -Americans associate for religion, moral, general, specific, all types of reasons and goals -Aristocratic societies have no need for associations because men are very much already intertwined together -In democratic societies, men can not do things on their own because they are individually weaker and therefore learn to aid each other freely -However, associations in democratic societies must be numerous because people are weaker and so they are therefore harder to form -Government could take the place of some of the largest associations, but could never fill the void of all of them because there are so many smaller ones -Government could not support all of them and would become tyrannical in the process -Men can become as strong as their aristocratic counterparts by associations -Ex: 100,000 men abstaining from alcohol and publicly engaging in banning it

Judicial review

-Power of courts to strike down laws that they view in violation of state or federal constitutions -Court gained this power in Marbury vs Madison

Executive branch

-President -Vice President: Becomes President if current President dies; can appoint new VP with majority of Senate and House; Presides over Senate and casts tie breaking vote if needed; More recently have become more involved in nuclear age -Executive Office of the President (EOP): Everyone that works in executive branch -Chief of Staff: Supervises employees; oversees president's schedule; advises the president -Cabinet: VP + Heads of the 15 different departments called "secretaries" -Presidents always retain final authority, all power is delegated but not fully given to these positions

Executive privilege

-President may legitimately refuse some requests for information from Congress, courts, or the public based on the idea that they could "injure the public" -Nixon case was denied because information was needed for the criminal trial, maintained that it was still acceptable in other cases

Federalist 73

-President's salary cannot be changed during his term -President should be allowed to veto legislation - limiting the power of the legislative branch -Exemplifies checks and balances

The Electoral College

-Presidential election system in the United States -Each state gets as many delegates as it has districts, so 535 + 3 for DC = 538 total 270 needed to win -All states except Maine and Nebraska, which are proportional, have winner of popular vote take all -Gives less populous states more power as they have 3 delegates (2 Senators + 1 House) by default

President vs prime minister

-Prime minister is leader of majority party, combination of executive and legislative branch -Prime ministers usually get their position by rising ranks in legislature, not being elected -Presidency has possibility to bring wider range of experiences to the office, doesn't necessarily have to be most legislatively experienced -Many times in British parliament, no coalition of national governments has had a majority seven times.

Energy in the Executive

-Reason why president is one person and not a deliberative committee, decided by the founders -Hamilton in Fed 70

Confession of Faith Teddy Roosevelt

-Republican and Democratic platform are bad 1912 -Party should represent the people. Progressive party! -Presidential primaries should be open -Direct election of US senators -Anti corruption acts -Publicity of campaign contributions -Do not be discouraged by those calling this movement socialist -Workers should be fairly compensated -Minimum wage commissions, working hour limits, -We are for whatever, state or federal, that these rights can be secured -Protective tariff if it helps everyone

Federalist 61

-Responds to concern that elections should be held where electors reside. -Allowing Congress to set uniform time will help ensure same factions will not stay in power for long in Congress

Of Individualism in Democracies in Toke

-Selfishness is a passionate love of self born of blind instinct whereas individualism is a reflective sentiment risen from judgement -Aristocratic institutions, since people stay in the same class, tend to have a more binding effect for sense of community, ancestry, etc. and so have obligations to those people. Not devoting himself to a greater cause, but simply for certain people -In democracies, devotion towards single people like this becomes rarer as devotion becomes extended and weakened -As everyone becomes more equal, everyone has enough to survive on their own and owe nothing to anyone and expect nothing. Lack of a sense of chain of command. -Constantly leads people towards himself and threatens to "confine him within the solitude of his own heart"

Senate Confirmation of Supreme Court justices

-Senate Judiciary Committee holds hearings and spends about a month collecting information. -Judiciary Committee sends recommendation to the full Senate which debates -Majority vote required to end debate and set up an official vote. -Second vote then takes place and majority is required to appoint to SC

Federalist 65

-Senate is best option available to serve as judges of impeachment -Supreme Court would be inadequate due to size, other created body would be too expensive

Federalist 63

-Senate makes sure US has strong national character to other countries -Still, must be small enough so public opinion can guide it -It is not possible for Senate to corrupt itself in 6 years

Federalist 62

-Senators should be older and better versed in foreign policy -Equal representation protects sovereignty of all states -Senate reduces threat of politicians forgetting responsibility to people -Will reduce amount of laws to pass -Stable and respectable gov.

The Federalist Papers

-Series of essays written by Hamilton, Madison, and Jay defending the Constitution during the ratification debate, focused on New York -Written by "Publius"

Presidential war powers/Commander in chief

-Sets broad war fighting strategy -Orders deployment of troops -Makes key decisions -Rallies public support -Has power to "recognize ambassadors" which allows to speak as voice for nation in international arena -Secretary of State office manages most of these direct international affairs -Congress denied international power to Presidents in early 1900's by not allowing US to join League of Nations -This convinced many that the presidency was most competent and forward looking institution compared to Congress on the international stage -So during the Cold War, Congress began to support many international policies such as Marshall Plan and Korean War -After Vietnam War, Congress prohibited any further military involvement in southeast Asia -War Powers Act of 1973 passed over Nixons veto and prohibited executive from aiding anti-communist forces in Angola and Nicaragua and now executive can only send troops into hostile areas for 60 days + possibly an additional 30 without Congressional approval but then needs it after. Requires consultation of Congress and regular reporting. -After 9/11, Bush conducted many aspects of War on Terror without congressional approval although he did receive overall approval (Guantanamos Bay, NSA overspying, etc.) -Obama drew back many troops from middle east and expanded use of unmanned drone aircrafts

Social State of the Anglo-Americans (Toke)

-Social state is foundationally democratic -People discovered individualism -Estate law ends primogeniture where property is given to oldest son and so property is consistently being split amongst children and so can never build up power -Therefore family spirit is less reflected in property and more people sell property more often -Rank and hereditary distinction are destroyed over time through this process -Equality also extends to intelligence primary instruction is within reach of everyone and higher education within reach of almost no one. -Few are rich so most need to practice a profession by going to trade school by 15; extensive education past age 15 is only for a career where present utility is recognized -Class structure is very fluid and therefore there exists no class where the ability for intellectual pleasures can be consistently transmitted -This equality must also extend to the social state; Men want all to be equally strong but also have depraved taste to bring the stronger down to their level

New Deal Coalition

-Stock market crash of 1928 led to huge FDR victory -Series of programs that greatly increased FDR's popularity

Federalists

-Strong national gov -Standing army at all times (Fed 23) -Large republics are generally only good way to ensure good reps -Didn't mind if politicians were on long leash, more a trustee model of representation, preferred senate -Much more northern-based because commerce and industry happened there

Alexander Hamilton

-Strong proponent of constitution -Federalist -big gov, active in promoting commerce, create bank

James Madison

-Strong proponent of constitution -Federalist initially, but repped Anti federalist ideas (guy in the middle)

The "bully pulpit"

-T. Roosevelt -"Bully"- word to describe awesome -Pulpit- what a preacher stands on -T.R. thought the presidency was an amazing way to persuade the masses of war, going to the moon, war on poverty, etc. -Saying that the president has the power to share information through the media extremely quickly, quicker than anyone else -In this time, the president was one of the few people who could get the attention of everyone -Influence of television- JFK was the first master, won against Nixon on televised debates -Trump is now able to bypass media channels unfiltered through social media

Progressive Era

-Teddy Roosevelt -Reforms such as primaries, civil service merit based reform, australian ballot system

Federalist 48

-The Constitution itself is not enough to stop tyranny -The legislative branch is superiority

Chapter 19 in Muir: The Moral Powers of the Courts

-The court lacks reciprocal power that the executive and legislative branches has and the coercive power of the president. -It only had moral power. BUT that power is bigger that it seems. An apt example, courtesy of former California governor, Chief Justice, and Eisenhower's biggest mistake (according to him): the Warren court used the 14th amendment to selectively incorporate the 4th, 5th, 6th, and 8th amendments, applying them to local law enforcement (what a bummer, by the way. Violating minority rights was like the biggest reason most cops in the South signed up for that god awful job. Truly a tragic loss for this nation and its unimpeachable history of law enforcement!) -The MF "Due Process Revolution" -Warren used his personal experience in law enforcement to convince policemen to follow the mf law while respectfully holding them accountable -Moral power can be misused -In Roe, the decision was based not on the constitution, but on the "penumbra of the Bill of Rights" (penumbra isn't even a word, liberals) -The court also didn't deal with whether a fetus is living or not. By ignoring a moral argument, it misused its moral power -It was bad jurisprudence

Gettysburg Address

-The first life our founders brought on this nation is dying. Must be reborn in new life. -Testing whether a nation can endure such a war -Battlefield dedicated to soldiers -Big task ahead, soldiers have not died for nothing, country will be reborn

How an Aristocracy may be Created by Industry in Toke

-The more a worker focuses on the same task the better they get at it -The larger scale an industry, the cheaper the products -Workers become degraded as they became more skillful but less industrious. He becomes the job he has chosen. -Simultaneously, as product quality becomes standardized and quantity increases, very wealthy and enlightened men come forward a leaders of industry -While the worker continuously gets more intelligent at one specific thing, the master casts his eye wider -Each day they begin to differ more and begin to resemble positions on a chain that they cannot move from = aristocracy -Inequality continues to increase in this small society although it decreases in the overall one -Different from aristocracy however in that elements that form rich class are different because they are not solidly united amongst themselves. Poor class is however the same -And compared to aristocracy, these "brutalized poor" are able to be nourished by public charity. -Industry aristocracy is one of the most aristocratic seen in recent years yet also the least dangerous and most restrained for those reasons -However, this would be the door that an aristocracy infiltrated the current democratic society through. So watch out!

Chapter 15 in Muir: The Presidency's Reciprocal and Moral Powers

-The president must use prid pro quo to get what he or she wants in domestic affairs (reciprocal powers) -The OMB, CEA help him or her execute these reciprocal powers -The bully pulpit is the tool the president uses to exercise Requisite Eisenhower and Lincoln fellating

Declaration of Independence

-There are transcendent principles that are universal -Britain is breaking these higher natural laws... talks of grievances -3 rules: life, liberty, pursuit of happiness/property -The principle of government is to secure these basic rights

Chapter 6 in Muir: The Declaration of Independence

-Thomas Jefferson put on writing committee for 2nd Congress -Main idea is that all Americans have unalienable rights -Jefferson had universal belief in people's morals -Duty of the state to help the individual

Chapter 7 of Muir: Tocqueville and Marx

-Tocqueville used Democracy in America to predict that the aristocracy will fall and suggested that Europe invest in its common people and let them be free -Marx Daddy also said aristocracy would fall, but wanted to overthrow it violently and establish his own vanguard to be the new aristocracy in the favor of the workers. -Marx wanted indoctrination, as he didn't believe that the workers could rule themselves, while Tocqueville wanted to educate and empower free people. -Tocqueville predicted the freaking Cold War between the US, who would supplant the aristocracy in favor of freedom, and Russia, a place where aristocracy would survive. Objectively, Marx was correct and Toke was lame (#factsandlogic)

Chapter 27 in Muir: Tocqueville's Warnings

-Toke warned that if Americans thought that everyone was morally equal, then they could claim to understand everyone -This is a dangerous consequence of habit of mind -Warned of rampant unenlightened "individualism" where people turned inward and away from the community -Also warned of shortsightedness ("materialism") -Needed religion and involvement to counter bad habits of the heart

Chapter 5 in Muir: The American Constitution

-US developed more impressive restraint on power than regicide -Articles of Confederation was good start, but obviously too weak due to lack of standing army, lack of taxing power, etc. -Constitution was created which created strong national government w/ police power, taxation, standing army, etc. -Hamilton, Madison, and Jay wrote The Federalist Papers during ratification period to defend the Constitution -Popular sovereignty became the new regicide -Internal checks and balances are important because elections are too extreme to have as a single kind of check -Government is supple/activity level is high, acceptance of people due to open debate, resulting policies are almost always smart -Ambivalence of electorate is major cause of lack of things getting done, not special interests

Chapter 28 in Muir: Equality

-US started as land of free, not of leveler -Toke warned that economic inequality (or at least too much inequality) would destabilize democracies because of rising expectations ("revolution of rising expectations") this lesson was taken straight from the French Revolution's beginnings. Read Burke kids. -Americans, however, aren't generally envious of the wealthy; they, in the words of Louis Prima, "wanna be like you" -People prefer a system based on possibility, not equality

Second Inaugural Address

-War is progressing -Confederates would rather make war then let the country survive -No one expected the magnitude of this war -God has willed it be this way -Let us strive to finish this war

Slavery/Abraham Lincoln

-Westward expansion was leading to conflict between slave and free states -Series of compromises when each new state was admitted 1. Missouri compromise 2. Compromise of 1850 3. Kansas Nebraska Act -Dred Scott vs Sanford: SC decides blacks aren't citizens, slaves have no rights. Slave owners are allowed to bring their slaves into western states. -Lincoln elected in 1860 without any southern states -South secedes, lincoln denies secession according to Constitution -Eventually to justify increasing war effort Lincoln had to take a stance against slavery

Relationships Between Civil and Political Associations

-Where political association is prohibited, civil association is very rare so some relationship must exist -Political associations singularly develops by generalizing the taste for habit and association and perfect civil associations -Civil associations facilitate political associations in turn -Political associations gives birth to not only many, but a large variety of civil associations -People often hesitate when they have little experience to partake in civil associations, but are less hesitant to initially join political associations because there is no risk of financial loss -In this way, political associations are like the free school that teaches people how to form other civil associations -If the spirit of association is compromised on one aspect, then it will not be as successful everywhere else -So, citizens should always be allowed to freely form political associations

Principle of Sovereignty of the People in America in Toke

-Whereas in other countries where power is derived from obedience or neutrality, American sovereignty is not hidden and is recognized by laws that spread freedom -Principle of sovereignty had slow development in America due to the fact that the colonies were constrained by England -Democracy won in revolution and so increasingly became more popular as more freedom was guaranteed. Positive feedback loop -American sovereignty is found from within

Populists

-a movement of farmers at the end of the 19th century that wanted free silver, restricted immigration -a forebear to active government in the Progressive Era

Federalist 55

-defends size of house, won't be confusing with too many reps and won't create cabal of a few reps controlling everything -also says that virtue of the people is necessary for good governance (civic virtue)

Federalist 54

-defends ⅗ compromise (ew) but says it's necessary to pass constitution -because taxes are based on population and representation, states with smaller pops will have lower taxes but also lower representation

Federalist 58

-just because there are more reps does not necessarily mean that a demagogue could take over and persuade -because congress has the power of purse, large state's interests will still be repped in gov

Federalist 56

-reps need to be well versed in issues of commerce, foreign affairs, and taxation as it relates to constituents -this one's weird and probably isn't that important

Federalist 57

-sense of duty and ambition will force reps to represent interests of the people -if they want to stay in power, they have to be responsive to people

Chapter 10 in Muir: Demagoguery

-when a politician corrupts the people and pits them against each other by appealing to their worst instincts -a healthy civil society can combat this -Moral disorder leads the demagoguery

Article V rules for constitutional amendment

-⅔ support of both houses -¾ of state legislators to add amendment -Other less common way is through calling a convention

Structure of U.S. Constitution

1. Legislative 2. Executive 3. Judicial 4. State powers 5. Amendment process 6. Federal superiority 7. Rules for ratification

Parliamentary vs. presidential system

1. parliamentary has proportional representation 2. no separation powers because PM is just leader of majority party/coalition 3. not representative of localities like congress is because not single-member district 4. Parliamentary system has more irregular elections because of possibility of coalition breakdown or snap election

Bill of Rights

10 Amendments added to Constitution to help in ratification in 1791

Civil War Amendments (13th, 14th, 15th Amendments)

13th: Abolition of slavery 14th: Equal protection under the law 15th right to vote cannot be denied based on race

Progressive Era Amendments (16th, 17th, 18th, 19th Amendments)

16th: Income tax 17th: Direct election of senators 18th Prohibition of alcohol 19th: Women's suffrage

Cloture

60 votes required to end debate and set a vote

Of the Progress of Roman Catholicism in the United States in Toke

Catholicism seems to be growing due to its institutional discipline and unity

Primary system

Closed semi closed open Top two

Senate Confirmation Process

Confirm SC, court of appeals, and district judges, cabinet leaders, ambassadors to every country

Article VI Supremacy Clause

Constitution is supreme law of the land

Federalism the principle

Division of power between state, national, and local government

Federalist 52

Electing reps every 2 years is good (invokes Irish, British, American history)

Federalist 53

If legislators are only in congress for a year, they won't develop sufficient knowledge to govern well

Initiative, referendum, and recall

Initiative: Laws proposed by and voted by voters Referendum: Proposed by legislators and voted by voters Recall: Legislators can be recalled from their position through a vote

Tenure of federal judges

Lifetime appointments

Rules Committee

Most important committee in House

Federalist 60

National gov could not conspire against citizens by determining time, place of elections because wealthy people are scattered all over country, people would not agree, and separation of powers

Federalist 1

Outlines arguments to follow to defend Constitution

Powers of communication

President more often uses public support to put more pressure on Congress

Civil liberties

Protected personal freedoms per individuals Bill of Rights

President as party leader

Rhetorical power sets stage for party platform

Filibuster

Since debate is unlimited in Senate, Senators can extend debate indefinitely until cloture is reached

Tenth Amendment

States have all powers not given to federal government here in Constitution

US Term Limits Inc. vs Thornton

States that adopted term limits to their own constitutions (22 states) are unconstitutional because they add additional requirement not found in Article 1 of Constitution. Constitution cannot be amended by states like that.

Civil rights

Status in group means does not allow you to be discriminated against

Mores

The norms of morality

What Causes Democratic Nations to Incline Towards Pantheism in Toke

Unity is desired in an individualistic society due to everyone wanting to link a group of diverse objects to one cause and so more lean towards pantheism

The cabinet

VP + heads of 15 different departments