Pol220 Readings MidTerm

Locke

-rights, common good, people consent to governance for rights for all

Judicial Branch

-serve for life and are nominated via the president and confirmed by senate -supreme court -congress can make lower courts

The Great Compromise

-two houses of senate -bills for taxing and spending must begin in house -senators elected by state legislators -3/5 for slaves

What are the major realignments in history?

1. election of 1860: democrats split over slavery; 3 factions put candidate; Lincoln wins; south becomes democratic strong hold 2. election of 1932; fdr wins by landslide; shift to democratic power 3. new deal coalition: partisan alignment that lasts until civil rights era.

Nolan McCarty, Chapter 5: What are the causes of polarization?

1. ethnic homogenous of 1930s to 60s reduced 2. ideology flop; southern realignment due to civil rights -occurred either because southerners like republican policies more or were more racist (combo is likely) 3. economic inequality on the rise -could be lether than pol causes inequality or vice-versa -pol makes it hard to tackle issues 4. party leadership strategy shave raised measure polarization, but aren't accountable for rise over time 5. media may be causing polarization; mostly social media due to limited media view and increasing exposure to fake news or polarizing news

Rousseau

Government exists to right and property; civic virtue and better oneself

Full faith and credit clause

States are required to recognize the laws and legal documents of other states

Kathleen Bawn et al, "A Theory of Political Parties"

argument: parties are coalitions of interest groups and activists who seek to capture and use government for their own goals -conventional view assumes that individual voters can accurately judge which party offers more of what they want and politicians act accordingly -bawn says this isn't correct: 1790s parties emerged wanting to challenge the federalist; born out of competitions

Ezra Klein, "Why Democrats Still Have to Appeal to the Center, But Republicans Don't" NYT:

argument: due to the electoral college, democrats have to have a more broad and diverse coalition than republicans -by 2040, 70% of pop repped by 30 senators. -rural states gaining power -republican continents is shrinking but still have lots of power

Washington Post, "Federal Courts Have Ruled Against Trump Administration Policies at Least 70 Times,"

argument: federal courts have ruled against trump over 70 times - census, epa rollbacks blocked, trans military ban, daca removal overturned

Federal Farmer II

argument: federal government and the constitution could take over state governments - extensive congress needed to rep all people -accesible inferior courts for everyone - states must be able to have police, lay taxes, govern militia, and hold decisions of their own courts.

Federalist 46

argument: powers given to the federal government won't threaten powers for the states -states will represent the day-to-day life of citizens and congress will be biased towards their home state (local spirit idea) -fed policy only for things states need to cooperate on -if nat'l policy grows too much, then the militias (500,000) can overthrow government (30k).

Michael Kammen, "The Nature of American Constitutionalism"

argument: federalists and antifederalists want differing things but both want a commitment to the republic + personal liberties, believe in the power of public option, and desire happiness for everyone -framers wanted slow deliberate change - founds believed in social contract and consent to be governed - social homogeneity successful government

Elizabeth Cady Stanton, "Solitude of Self"

argument: for women to be in liberalism to increase the common good of society - woman has the right as an individual to use her abilities to increase happiness and protect her safety - she is a member of the country and should have rights - woman should have equal right and duties to happiness and development - women dont decide mens duties so why do men decide theirs.

Brutus IV

argument: governments powers will annihilate those of the states and they will control all aspects of life. -necessary proper and levy taxes lead to control -things to prevent abuse of power like common defense and general welfare are too abstractly defined). -power must be evenly split

Jonathan Rauch and Ray La Raja, "Too Much Democracy is Bad for Democracy,"

argument: primaries must be restructured to included more professional party members because direct democracies leave a way for unqualified candidates to rise to power -individuals dont know how to represent their own beliefs -extreme candidates get more media time -primary turnout is more polarized than general -professional politicians emphasize competence, decreases renegades and checks power of the media.

Necessary and Proper Clause

empowers congress to pass all law deemed necessary and proper to help government function

What was the Articles of Confederation and what were its problems?

it was a system of government with a weak central authority, in which states retained all the power not given to central government, governed by congress (states had one vote) and there were limited powers (congress couldn't tax or regulate commerce LOL) Problems: 1. weak government and war with no taxes = no money 2. impossible to act with one voice on foreign affairs 3. conflict between states

Nolan McCarty, Chapter 2 (what is polarization)

- difference between polarization and partisanship -elite vs mass polarization (bigger cause of pol) -partisan sorting (ideological- chose parties based on agreement with salient issues or party-driven adopt policies of their preferred party) -ideological constraint and consistency leads to pol. -polarization is not always bad -reducing pol may be suppressing viewpoints

New Jersey Plan

- leave congress in tact -equal votes for states -just add weak judicial and executive branches

Virginia Plan

-3 branches -national government can veto laws -representation based on population

How to ratify the constitution?

-approved by 9/13 of states

McCulloch v. Maryland

-congress can make a national bank that is supreme to states -beginning of implied powers stemming from enumerated ones

What were the McGovern-Frasee Reforms

-delegates vote for candidates at primaries and are bound by results, except for superdelegates -elites lose power and primaries become a direct democracy

How did Federalism look after Us V. Lopez?

-gonzales v. rich (criminalizes weed if its for medicinal purposes and not put into commerce) -us v Morrison (struck down violence against women act because its an overeach of power)

Hobbes

-government: people pursue self interest - need government to prevent an endless war against each other -ppl with destroy each other for self interest

Paul Frymer, "'A Rush and a Push and the Land is Ours:'

-manifest destiny had problems 1. no state capacity 2. where to expand? racial considerations and political unbalance of slavery -expanded: 1. land policies to send people to go settle in new lands 2. indian remolval 3. homestead act: - settlers could purchase land in new territory for cheap; Indians couldn't buy their land

What are the advantages to federalism?

1. Double Security (Madison- Fed 46) - having two governments looking out for citizens, though states will be the closest. 2. Backup System For Accountability - tru and fail to get a law passed federally, can still pass it on the state level 3. States are experiments -federal government learns from states mistakes and successes

Why is Obamacare so controversial? What kind of policy principles does this illustrate?Challenges?

1. Individual Mandates - must have insurance or pay penalty 2. Medicaid eligibility was expand -overstep of congress to states rights? Challenge: National Federalism of Ind. Business v. Sebelius 2012 - ruled that congress can because of the tax and spending clause. -congress cannot threaten states with loss of funding if they don't expand medicaid.

Parties are 3 things

1. government: elected officials affiliate with a party 2. institution: national party organizes to promote candidates, organize and fundraise 3. electorate: constituents affiliate with a party and vote for their candidates

What are two pros to having a representative democracy?

1. representative balance individual self interest with common good 2. all interests repped in decision process

What are disadvantages to federalism?

1. rights and benefits may vary from state to state and people cannot just move 2. complex relationship between federal and state laws 3. not a one problem, one government system, meaning there is overlap and confusion (ex. education)

Liberalism

A belief that government can and should achieve justice and equality of opportunity.

Conservatism

A belief that limited government insures order competitive markets and personal opportunity.

National Federation of Independent Business v. Sebelius

ACA does not exceed power of Congress; it is endowed in them by the taxing and spending laws.

John Light, "The Deep State, Explained:"

Argument: The Deep State is a group of government officials who work independently from elected politicians and work towards their own ends -suggests its officials who hide in plain sight to further their own agenda (ex. Obama advisors telling him not to impose comp. limits on Wall Street ceos). -Trump believes there is a liberal deep state working to undermine his presidency .

Ed Yong, "How the Pandemic Defeated America,"

Argument: Us needs a unified response through federal agencies, states. Says that these went wrong: 1. government response delayed -not immediate travel ban, downplayed it 2. underfunding of public health decreased ability to stop speed - decreased immigrants and funding lead to understaffed long term care and immigrants 3. health care systems weren't prepared -brink of collapse before covid -healthcare not seen as collective good 4. Racist health policies = minorities at risk -black minority were essential worked without adequate healthcare 5. Misinfo spread on socials -made people confused and not take covid seriously 6.Essential workers forced to risk their life for livelihood -no option for at risk workers to not work

Federalist 10

Argument: factions are a disease to democracy and government must be made to control such factions - representative government best controls government bc a few are elected to govern many - corrupted officials will be exposed by the large population -big population, less likely chance of mob rule because many factions will form - line of thought: minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders

William Novak, The People's Welfare: Law & Regulation in Nineteenth-Century America

Argument: myth of American stateless is groundless -Early American state was significantly more regulatory than histories often document (ex. Chicagos regulations) -pervasive from the early 19th century: 1. regulation for public safety and security (protecting from catastrophes) 2. creation of. public economy (taxes, trade) 3. policing of a public space ( roads, rivers) 4. restraints on morals (social and cultural for moral order) 5. public health regulation -public regulation "colored all faucets of American development)

Suzanne Mettler and Robert C. Lieberman, Four Threats Chapter 1

Argument: that there are four threats to democracy and they are all present in the US right now. 1. Party Polarization - "us v them" mentality - "tribal" partisanship leads to more distinct party members, negative stereotypes and social distancing - pol. grows are people overlap their membership and identities, which reinforces their own group; grow to dislike the other side (happened in 1940s-1970s) 2. Executive Aggrandizement - nobody has checked the executive branch, as 21st cent. presidents have increasingly used executive orders. - formation of the "imperial pres." where the pres. is autonomous on foreign policy, commit us to risky missions w/o congress approval and use domestic surveillance and vote suppression 3. Who Belongs - social divisions lead to groups feeling subordinate or excluded - "formative rifts" (gender and race) spur division among rift lines that will keep popping up until they are solved. (rifts date or predate the founding) -politicians cater to each side of the rift even at cost of democracy 4. Economic Inequality - wealthy and working classes mobilize to reduce taxes and preserve their wealth -high political inequality = high economic inequality -government increasingly represented by the rich.

Suzanne Mettler and Robert C. Lieberman, Four Threats Chapter 8

Argument: there is a danger when these 4 converge 1. Polarization Ascendence - polarizing policy from conservatives led to them gaining more power which led to a more polarized chamber and filibusters - Obama led to formation of the right wing Tea Party, which rallied the conservative base and flipped house to red. The red congress refused to pass obamas policy which led to exec. aggrandizing because he used executive orders. - trumps candidacy was a culmination of polarization and rising conservatism ( his attacks on the media/ dems are similar to 1970s style republicans used) 2. Conflict over Membership and Status - post-Obama more diversity was in congress -led to traditional whites wanting more power, which is why trump was so appealing to them -trump used inequality to fue, his base, as it was mainly white. 3. Rising Economic Inequality - Trump and Rep. Taxes are only meant for big business and wealthy Americans (2017 tax bill). - policymakers don't help raise equality, they just take the contributions for big business and continue with tax cuts. 4. Bipartisan Executive Aggrandizement -increased pol lead to increased political gridlock and increased party expectations leads to use of executive power. -ex. trump used to repeal Obama era policy, census question, hide voter suppression.

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce.

Supremacy Clause

Federal law is supreme over state law

Legislative Branch

House -based on population - 2 year terms Senate - equal representation -staggered 6 year terms Both - could raise taxes, coin money, declare war, regulate militias, etc.

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

U.S. v. Lopez

The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone. -5-4 ruling that was an important check on congress's power that had been uncheck for a century.

How have parties changed over time?

Went from being a state-driven coalition to having national party coaltions, where politics are on a national level, not so much state.

Rogers M. Smith, "Beyond Tocqueville, Myrdal, and Hartz: The Multiple Traditions in America"

argued for the multiple traditions thesis, or the notion that US combines the traditions of liberalism, classical republicanism, and ascriptive Americanism. -critiqued toquevilles view of use a liberal society -Society is a hierarchy so the more powerful people had the most impact on society/government.

Jill Lepore, The Case for the Nation

argument: US is a champion of liberal democracy that is cosmopolitan and multi-cultural, yet is endowed with ugly xenophobia - us gave up study of liberalism for study of nationalism - people think they are patriots but they're nationalists - patriotism is loving all the country, which will only come when people confront the nationalism Liberalism: Belief in egalitarianism, free markets, direct democracy - Critique: What about the numerous groups who are not landowning white men? Republicanism: Belief in civic participation, engagement, representative democracy - Critique: What about persistent inequality in who is represented politically? "Ascriptive Americanism" (e.g. racism, sexism, etc.) - Ubiquitous throughout American history, but also constantly challenged by groups claiming liberalism/republicanism as ideals

Steven M. Teles, "Kludgeocracy in America

argument: america is a klugeocracy in which the complexity and incoherence in government make it hard to do anything or solve problems -temporary solutions + complex policy -government is difficult and wasteful -pork barrel policy -hard to tell who is actually doing what -public doesn't know who to blame but there is general distrust -caused by institutions (vetos, checks and balances, federalism) -Hollow state (core government functions are given to private contractors overseen by overwhelmed civil servants) Cure: -decrease use of filibusters and committees -clear up confusion on fed v. state jurisdiction - libs need to use size of government they're given and conservative need to allow for a bigger government

Brutus II

argument: calls for a bill of rights -rights and powers of the people and states need to be explicitly expressed. -more for rights of citizens than states

Jennifer Selin, How the Constitution's Federalist Framework is Being Tested by COVID-19,"

argument: covid is pushing the governments framework, because governors 1. Governors powers have expanded -making executive orders 2. National politicians look to states for partisan wins -claim credit for acting, but leave states to the details 3. Thousands of jurisdictions administer elections -elections is at state level, 8000 different jurisdictions 4. Accountability for Covid-19 Response is complex -people won't know who to hold accountable

W.E.B. DuBois, "Of Our Spiritual Strivings"

argument: race is deeply rooted in sociological factors - double consciousness ( When one's identity is divided into 2 parts: How they view themselves and How others view them as a member of a minority) - Looking at oneself through the eyes of others; feeling "two-ness" of two souls, both in conflict: A black person and an American. - goal: To merge the double-self into one better, truer self; to be able to be both black and American without experiencing conflict. - "The ideal of fostering and developing the traits and talents of the Negro, not in opposition to or contempt for other races, but rather in conformity to the great ideals of the American Republic"

Federalist 51

argument: separation of powers and checks and balances will ensure there is no abuse of power - each branch is independent from the other, but cannot act erratically -government must be able to control the people and itself -society must protect minority interests bc strong majority threatens liberty

George J. Annas, "Jumping Frogs, Endangered Toads, and California's Medical Marijuana Law"

argument: the commerce clause has given Supreme Court reason to allow congress to pass laws outside there rights; didn't do this until 1995 -1995 US. V. Lopez was first check on congress pwr -Gonzales v. Raich commerce clauses gives federal pwr to regulate private non-commercial homegrown weed -Endangered species: congress can regulate protection of species with no commercial value

Federalist 15

argument: this is the push for the "energetic executive" - articles of confederation sucks because states cannot control themselves - need one big sovereign not multiple; laws of nation becomes suggestion - states will become obsessed with power and then refuse to compromise and the system will fail.

Ronald Brownstein, "Just How Far Will Trump Go?"

argument: trump is turning federal agencies partisan 1. postmaster general is trumpite 2. purged inspector generals 3. dept. of justice dropped Michael Flynn case 4. feds to portland 5. military force for photo op 6. census

Julia Azari, "Weak Parties and Strong Partisanship are a Bad Combination,"

argument: weak parties and strong partisanship is bad for the country -party organizations are weak and dont chose candidates or officeholders, yet partisanship is growing PROBLEMS: 1. destabilizes institutions when partisan motives are always in question 2. undermines party politics which are essential to democracy (everyone thinks parties are negative) 3. partisanship is abstract (general, not based in examples); it tells us who is like us and who is against us; what political symbols mean, etc. (more abstract = more pol) -blame others

Stephen Skowronek, Building a New American State

in 19th century 1. parties -parties: connected people with their government -party machines put forth candidates -parties allowed for coordination -helped organized an early political system 2. Courts -determined what the constitution would mean in practice -defined relationship between state and society -filled void between national economy and system to execute it on a national scale

What are parties as institutions?

parties determine the process of nominating a candidate for the presidency

10 amendment

states retain powers not delegated under the Constitution and not prohibited by it to the states

The Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain -all men are created equal and are endowed with unalienable rights. among these are life, liberty, and the pursuit of happiness

Brutus I

written to discourage ratification of the Constitution, the document examines the major complaints of the Constitution which are: 1.) too much power to national government via implied 2.) specter of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation 6.) courts are too powerful (diverse) 7) congress has unl. power with the neccesary and power clause