Government
common good
The good of the community as a whole.
Mayflower compact
1620 - The first agreement for self-government in America. It was signed by the 41 men on the Mayflower and set up a government for the Plymouth colony.
charter
A document that gives the holder the right to organize settlements in an area
political legitimacy
Acceptance by the governed that the claim to authority by those who govern is justified.
Parliament
British law-making body (congress)
Constitutional Convention
The convention in Philadelphia, May 25 to September 17, 1787, that debated and agreed upon the Constitution of the United States.
Majority rule
Governance according to the expressed preferences of the majority.
Theocracy
Government by religious leaders, who claim divine guidance.
Direct democracy
Government in which citizens vote on laws and select officials directly.
Weaknesses of the confederation
Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state Nine of thirteen votes in Congress required for any measure Delegates picked, paid for by legislatures Little money coined by Congress Army small; dependent on state militias Territorial disputes between states No national judicial system All thirteen states' consent necessary for any amendments
Constitution
Fundamental higher law
writs of assistance
It was part of the Townshend Acts. It said that the customs officers could inspect a ship's cargo without giving a reason. Colonists protested that the Writs violated their rights as British citizens.
Antifederalists
Opponents of ratification of the Constitution and of a strong central government, generally.
indentured servants
People who could not afford passage to the colonies could become indentured servants. Another person would pay their passage, and in exchange, the indentured servant would serve that person for a set length of time (usually seven years) and then would be free.
Popular consent
The idea that a just government must derive its powers from the consent of the people it governs.
Statism
The idea that the rights of the nation are supreme over the rights of the individuals who make up the nation.
The Constitutional Convention
The lessons of experience State constitutions Pennsylvania: too strong, too democratic Massachusetts: too weak, less democratic Shays's Rebellion led to the fear the states were about to collapse.
Bicameralism
The principle of a two-house legislature.
suffrage
The right to vote
legislative supremacy
an alternative to judicial review, the acceptance of legislative acts as the final law of the land
Judeo-Christian
emphasized private morality. The religious structure of the American society primarily is
rule of law
principle that the law applies to everyone, even those who govern
Mixed Constitution
"Polity", incorporates elements of democracy and oligarchy.
Magna Carta
(1215) a charter of liberties (freedoms) that King John "Lackland" of Englad was forced to sign; it made the king obey the same laws as the citizens of his kingdom
Cynical view that politics is self-seeking
-Good policies may result from bad motives -Self-interest is an incomplete guide to actions (Alexis de Tocqueville on America) +September 11 and self interest +AFL-CIO and civil rights -Some act against long odds and without the certainty of benefit
Finding out who governs
-We often give partial or contingent answers. -Preferences vary, and so does politics. -Politics cannot be equated with laws on the books. -Sweeping claims are to be avoided. -Judgments about institutions and interests should be tempered by how they behave on different issues. -The policy process can be an excellent barometer of change in who govern
What is democracy?
=Aristotelian "rule of the many" (participatory democracy) -Fifth-century B.C. Greek city-state -New England town meeting -Community control in self-governing neighborhood -Citizen participation in formulating programs =Acquisition of power by leaders via competitive elections (representative democracy) -Sometimes disapprovingly referred to as the elitist theory -Justifications of representative democracy +Direct democracy is impractical. +The people make unwise decisions based on fleeting emotions.
Federal aid and federal control
=Introduction -Fear of "Washington control" and jeopardy of Tenth Amendment -Failed attempts at reversal in trends (block grants and revenue sharing) -Traditional and newer forms of federal controls on state governmental actions +Conditions of aid tell a state government what it must do to obtain grant money +Mandates tell state governments what to do, in some instances even when they do not receive grant money =B. Mandates -Most concern civil rights and environmental protection -Administrative and financial problems often result -Growth in mandates, 1981 to 1991 -Features of mandates +Regulatory statutes and amendments of previous legislation +New areas of federal involvement +Considerable variation in clarity, administration, and costs -Additional costs imposed on the states through: +Federal tax and regulatory schemes +Federal laws exposing states to financial liability -6. Federal courts have fueled the growth of mandates +Interpretations of the Tenth Amendment have eased flow of mandates +Court orders and prisons, school desegregation, busing, hiring practices, police brutality =Conditions of aid -Received by states voluntarily, in theory +a. Financial dependence blurs the theory +b. Civil rights generally the focus of most important conditions in the 1960's, a proliferation has continued since the 1970's +c. Conditions range from specific to general -2. Divergent views of states and federal government on costs, benefits -3. Reagan's attempt to consolidate categorical grants; Congress's cooperation in name only -4. States respond by experimenting with new ways of delivering services (e.g., child care, welfare, education)
How is power distributed in a democracy?
=Majoritarian politics -Leaders constrained to follow wishes of the people very closely -Applies when issues are simple, clear, and feasible =Elitism -Rule by identifiable group of persons who possess a disproportionate share of political power -Four theories of Elite Influence +Marxism: government merely a reflection of underlying economic forces +C. Wright Mills: power elite composed of corporate leaders, generals, and politicians +Max Weber: bureaucracies based on expertise, specialized competence +Pluralist view: no single elite has a monopoly on power; hence must bargain and compromise
Political change
=Necessary to refer frequently to history because no single theory is adequate -Government today influenced by yesterday -Government today still evolving and responds to changing beliefs =Politics about the public interest, not just who gets what
A devolution revolution?
=Renewed effort to shift important functions to states by Republican-controlled Congress in 1994 -Key issue: welfare (i.e., the AFDC program) -Clinton vetoes two bills, then signed the third, to give management to states =These and other turn-back efforts were referred to as devolution. -Old idea, but led by Congress -Clinton agreed with need to scale back size and activities of federal government. =Block grants for entitlements -Most block grants are for operating and capital purposes (contra entitlement programs). -2. Republican efforts to make AFDC and Medicaid into block grant programs -3. Partial success and possible effects +AFDC and a number of related programs are now block grants +Possible triggering of second-order devolution +Possible triggering of third-order devolution +Dramatic decrease in welfare rolls increase in unspent dollars +Surpluses and Medicaid costs, shortfalls in state revenues and funding surges =What's driving devolution? -Beliefs of devolution proponents -Realities of budget deficit -Citizen views =Congress and federalism: nation far from wholly centralized -Members of Congress still local representatives -Members of Congress represent different constituencies from the same localities. -Link to local political groups eroded -Differences of opinion over which level of government works best
Direct versus representative democracy
=Text uses the term democracy to refer to representative democracy. -The Constitution does not contain the word democracy but the phrase "republican form of government." -Representative democracy requires leadership competition if the system is to work. +Individuals and parties must be able to run for office. +Communication must be free. +Voters perceive that a meaningful choice exists. -Many elective national offices -Most money for elections comes from special interests =Virtues of direct democracy should be reclaimed through -Community control -Citizen participation =Framers: "will of people" not synonymous with the "common interest" or the "public good" -They strongly favored representative over direct democracy. -Direct democracy minimized chances of abuse of power by tyrannical popular majority or self-serving office holders.
What is political power?
=Two great questions about politics -Who governs: the people who govern affect us -To which ends: in which ways government affects our lives -And then how the government makes decisions on a variety of issues =Power -Definition: the ability of one person to cause another person to act in accordance with the first person's intentions -Text's concern: power as it is used to affect who will hold government office and how government will behave -Authority: the right to use power; not all who exercise political power have it -Legitimacy: what makes a law or constitution a source of right -Struggles over what makes authority legitimate -Necessity to be in some sense democratic in the United States today
The Founding
A bold, new plan to protect personal liberty Founders believed that neither national nor state government would have authority over the other because power derives from the people, who shift their support. New plan had no historical precedent. Tenth Amendment was added as an afterthought, to define the power of states Elastic language in Article I: necessary and proper Precise definitions of powers politically impossible because of competing interests, such as commerce Hence vague language--"necessary and proper" Hamilton's view: national supremacy because Constitution supreme law Jefferson's view: states' rights with people ultimate sovereign
stare decisis
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Annapolis Convention
A convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.
writ of habeas corpus
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Republic (Representative democracy)
A government in which citizens rule through elected representatives. government in which the people elect those who govern and pass laws; also called a republic.
popular sovereignty
A government in which the people rule by their own consent.
Constitutional democracy
A government that enforces recognized limits on those who govern and allows the voice of the people to be heard through free, fair, and relatively frequent elections.
constituent
A person whom a member of Congress has been elected to represent.
feudalism
A political system in which nobles are granted the use of lands that legally belong to their king, in exchange for their loyalty, military service, and protection of the people who live on the land
Democracy
A political system in which the supreme power lies in a body of citizens who can elect people to represent them
Limited government
A principle of constitutional government; a government whose powers are defined and limited by a constitution.
checks and balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
sovereignty
Ability of a state to govern its territory free from control of its internal affairs by other states.
The motives of the Framers
Acted out of a mixture of motives; economic interests played modest role Economic interests of framers varied widely Economic interests of Framers varied widely Beard: those who owned governmental debt supported Constitution However, no clear division along class lines found Recent research: state considerations outweighed personal considerations; exception: slaveholders Economic interests and ratification Played larger role in state ratifying conventions In favor: merchants, urbanites, owners of western land, holders of government IOUs, non-slave owners Opposed: farmers, people who held no IOUs, slaveowners But remarkably democratic process because most could vote for delegates Federalists versus Antifederalists on ideas of liberty The Constitution and equality Critics: government today is too weak Bows to special interests Fosters economic inequality Liberty and equality are therefore in conflict Framers more concerned with political inequality; weak government reduces political privilege
inalienable rights
Also known as natural rights, the belief that all individuals were equal and possessed a natural right to defend their lives, liberties, and possessions; John Locke wrote the treatise that asserted this.
social contract
An agreement between the people and their government signifying their consent to be governed
capitalism
An economic and political system in which a country's trade and industry are controlled by private owners for profit, rather than by the state.
private morality
An individual's ideas about right and wrong to be practiced in one's personal life.
Plurality
Candidate or party with the most votes cast in an election, not necessarily more than half.
rights of Englishmen
Certain basic rights that all subjects of the English monarch were believed to have.
Connecticut Compromise
Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.
Three-fifths compromise
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Governmental structure
Definition: political system with local governmental units, in addition to national one, that can make final decisions Examples of federal governments: Canada, India, and Germany Examples of unitary governments: France, Great Britain, and Italy Special protection of subnational governments in federal system is the result of: Constitution of country Habits, preferences, and dispositions of citizens Distribution of political power in society National government largely does not govern individuals directly but gets states to do so in keeping with national policy Negative views: block progress and protect powerful local interests Laski: states "poisonous and parasitic" Riker: perpetuation of racism Positive view: Elazar: strength, flexibility, and liberty Federalism makes good and bad effects possible Different political groups with different political purposes come to power in different places Federalist No. 10: small political units dominated by single political faction Increased political activity Most obvious effect of federalism: facilitates mobilization of political activity Federalism lowers the cost of political organization at the local level.
city-states
Different sections of land owned by the same country but ruled by different rulers
The Federalist
Essays promoting ratification of the Constitution, published anonymously by Alexander Hamilton, John Jay, and James Madison in 1787 and 1788.
The Constitution and democracy
Founders did not intend to create pure democracy Physical impossibility in a vast country Mistrust of popular passions Intent instead to create a republic with a system of representation Popular rule only one element of the new government State legislators to elect senators Electors to choose president Two kinds of majorities: voters and states Judicial review another limitation Amendment process Key principles Separation of powers Federalism Government and human nature Aristotelian view: government should improve human nature by cultivating virtue Madisonian view: cultivation of virtue would require a government too strong, too dangerous; self-interest should be freely pursued Federalism enables one level of government to act as a check on the other The Constitution and liberty Whether constitutional government was to respect personal liberties is a difficult question; ratification by conventions in at least nine states a democratic feature but a technically illegal one The Antifederalist view Liberty could be secure only in small republics. In big republics national government would be distant from people. Strong national government would use its powers to annihilate state functions. There should be many more restrictions on government. Madison's response: personal liberty safest in large ("extended") republics Coalitions likely more moderate there Government should be somewhat distant to be insulated from passions Reasons for the absence of a bill of rights Several guarantees in Constitution Habeas corpus No bill of attainder No ex post facto law Trial by jury Privileges and immunities No religious tests Obligation of contracts Most states had bills of rights. Intent to limit federal government to specific powers Need for a bill of rights Ratification impossible without one Promise by key leaders to obtain one Bitter ratification narrowly successful
Federal-state relations
Grants-in-aid Grants show how political realities modify legal authority. Began before the Constitution with "land grant colleges," various cash grants to states Dramatically increased in scope in the twentieth century Were attractive for various reasons Federal budget surpluses (nineteenth century) Federal income tax became a flexible tool Federal control of money supply meant national government could print more money "Free" money for state officials Required broad congressional coalitions Meeting national needs: 1960s shift in grants-in-aid From what states demanded To what federal officials found important as national needs The intergovernmental lobby Hundreds of state, local officials lobby in Washington Purpose: to get more federal money with fewer strings Categorical grants versus revenue sharing Categorical grants for specific purposes; often require local matching funds Block grants devoted to general purposes with few restrictions Revenue sharing requires no matching funds and provides freedom in how to spend. Distributed by statistical formula Ended in 1986 Neither block grants nor revenue sharing achieved the goal of giving states more freedom in spending Block grants grow more slowly than categorical grants. Desire for federal control and distrust of state government No single interest group has a vital stake in multipurpose block grants, revenue sharing Categorical grants are matters of life or death for various agencies. =E. Rivalry among the states -Increased competition a result of increased dependency -Snowbelt (Frostbelt) versus Sunbelt states +Difficulty telling where funds spent +Difficulty connecting funds to growth rates +Focus on formulas and their impact -Census takes on monumental importance
right of revolution
In political philosophy, the right or duty, previously stated throughout history, of the people of a nation to overthrow a government that acts against their common interests.
Virginia Plan
Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.
New Jersey Plan
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.
Shays's Rebellion
Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.
Constitutional reform--modern views
Reducing the separation of powers to enhance national leadership Urgent problems remain unresolved President should be more powerful, accountable, to produce better policies Government agencies exposed to undue interference Proposals Choose cabinet members from Congress Allow president to dissolve Congress Empower Congress to require special presidential election Require presidential/congressional terms Establish single six-year term for president Lengthen terms in House to four years Contrary arguments: results uncertain, worse Making the system less democratic Government does too much, not too little Attention to individual wants over general preferences Proposals Limit amount of taxes collectible Require a balanced budget Grant president a true line-item veto Narrow authority of federal courts Contrary arguments: unworkable or open to evasion Who is right? Decide nothing now Crucial questions How well has it worked in history? How well has it worked in comparison with other constitutions?
The Constitution and slavery
Slavery virtually unmentioned Apparent hypocrisy of Declaration signers Necessity of compromise: otherwise no ratification Sixty percent of slaves counted for representation. No slavery legislation possible before 1808 Escaped slaves to be returned to masters Legacy: Civil War, continuing problems
Federalists
Supporters of ratification of the Constitution and of a strong central government.
The "real" revolution
The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure. Government by consent, not by prerogative Direct grant of power: written constitution Human liberty before government Legislature superior to executive branch
The debate on the meaning of federalism
The Supreme Court speaks Hamiltonian position espoused by Marshall McCulloch v.Maryland settled two questions. Could Congress charter a national bank? (yes, because "necessary and proper") Could states tax such a bank? (no, because national powers supreme) Later battles Federal government cannot tax state bank Nullification doctrine led to Civil War: states void federal laws they deem in conflict with Constitution Dual federalism Both national and state governments supreme in their own spheres Hence interstate versus intrastate commerce Early product-based distinction difficult "Original package" also unsatisfactory State sovereignty Mistake today to think that doctrine of dual federalism is entirely dead Supreme Court limited congressional use of commerce clause, thus protecting state sovereignty under Tenth Amendment Supreme Court has given new life to Eleventh Amendment Not all recent Supreme Court decisions support greater state sovereignty. New debate resurrects notion of state police powers Many state constitutions open door to direct democracy through initiative, referendum, and recall. Existence of states guaranteed while local governments exist at pleasure of states
The challenge
The Virginia Plan Design for a true national government Two houses in legislature Executive chosen by legislature Council of revision with veto power Two key features of the plan National legislature with supreme powers One house elected directly by the people The New Jersey Plan Sought to amend rather than replace the Articles Proposed one vote per state Protected small states' interests The compromise House of Representatives based on population Senate of two members per state Reconciled interests of big and small states Committee of Detail
Majority
The candidate or party that wins more than half the votes cast in an election.
The problem of liberty
The colonial mind Belief that because British politicians were corrupt, the English constitution was inadequate Belief in higher law of natural rights Life Liberty Property (Jefferson notwithstanding) A war of ideology, not economics Specific complaints against George III for violating unalienable rights
redress of grievances
The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs. (Ch 4)
civic virtue
The dedication of citizens to the common welfare of their community or country, even at the cost of their individual interests
Articles of Confederation
The first governing document of the confederated states drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789.
Constitutionalism
The set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their powers.
public morality
The values and principles of right and wrong pertaining to public policies and actions
The Framers
Who came: men of practical affairs Who did not come Intent to write an entirely new constitution Lockean influence Doubts that popular consent could guarantee liberty Results: "a delicate problem"; need strong government for order but one that would not threaten liberty Democracy of that day not the solution Aristocracy not a solution either Government with constitutional limits no guarantee against tyranny
common law
a body of rulings made by judges or very old traditional laws that become part of a nation's legal system
state of nature
a condition in which no governments or laws existed at all
magistrate
a public official authorized to decide questions bought before a court of justice
Divine right
belief that a ruler's authority comes directly from God
Written constitutions
characteristic of the new world since constitutions of the old world were not written down
Unwritten constitutions
customs, traditions, practices not written in constitution that are part of our system of government--ie. the cabinet and two term limit.
classical republicanism
devotion of citizens to the common good. stressed promoting the common good above the rights of the individual
law of nature
generalization that describes a consistent natural phenomenon for which there is incomplete scientific explanation
Forms of government
has a "right form" and a "corrupt form." Right form is for common good while corrupt form is for the private interests of the rulers. Rule of One (Right form) =Monarchy Rule of One (Corrupt form)= Tyranny Rule of Two (Right form)= Aristocracy Rule of Two (Corrupt form)= Oligarchy Rule of Many (Right form)= polity (mixed constitution) Rule of many (corrupt form)= democracy
precedents
legal opinions that become part of the common law
renaissance
means rebirth
nation-states
political entities consisting of a people with some common cultural experience. (nation) who also share a common political authority. (state), recognized by other sovereignties. (nation-states). (page 732)
natural rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
