Political Science Test 1
The checks and balances system
served Madison's goal of constraining government action. One faction would be unlikely to control all three branches of government at the same time.
The Framers established a federal system of government
that divided power between a national government and the states. Most government activity occurred in the states so the Framers saw the federal system as an additional check on the national government.
Civil War
was a defining moment in establishing national sovereignty over the states. Students of American government typically think of ,,,War( 1861-1865) as mainly a struggle over slavery, but it also was a struggle between the states and the national government. The national government asserted its power over the Southern states' claim to sovereignty
Full faith and credit
Defense of Marriage Act (1996) The Constitution requires that states give full faith and credit to the public acts, records, and civil judicial proceedings of every other state. In practical terms, this means that if you are married or divorced in one state, you are married or divorced in all states. A moment's reflection will make it clear that this clause is essential to the functioning of the economy and society.
Supremacy clause
( Article IV of the constitution) The ... clearly states that national laws supersede state laws, but that does not end the debate over power and authority. Judges in every state are directed to obey the Constitution, even if their state constitutions or state laws directly oppose or contradict it. All state executives, legislators, and judges are bound by oat to support the constitution. Occasionally, issues arise in which states challenge the authority of the national government.
The Constitution was designed to limit government and protect liberties
Broad participation possible by citizens
Critical Issues at the Convention
Equality Issues Economic Issues Individual Rights Issues
Equality Issues
Equality and representation of the states (The small states and large states disagreed about how states should be represented in Congress) New Jersey Plan(equal representation) Virginia Plan (rep. based on population Connecticut Compromise(bi-cameral legislature)
Key principles of the democratic process (according to Dahl):
Equality in voting, which means one person, one vote Effective participation, which means all citizens have an equal chance to influence policy agenda Enlightened understanding, access to information via free press and free speech to avoid distortion of ideas Citizen control of the agenda, Inclusion, which means citizenship must be extended and open to those subject to its laws
Articles of Confederation
Established state-dominated government League of friendship amongst states Unicameral legislature(Each state having one vote) No judiciary(No national court) No executive( President) No power to tax No power to regulate commerce Most authority rested with the state legislatures because the new nation's leaders feared that a strong central government would become as tyrannical as British rule. 2.2
Responsibilities shared by both levels of government,
Establishing courts, maintaining law and order, protecting citizens' health and safety, regulating financial institutions. levy taxes and take private property for public purposes, with just compensation to the owners
Life was good in the colonies
(Slaves excepted, of course) Self-governing
What is federalism?
It is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Or it is a system of shared power between units of government. Both state and federal governments receive their authority directly from the Constitution, not from each other. Federalism is not a common way of organizing government. Only 11 out of 190 countries use a federal system
The most influential philosopher was John Locke
, who articulated his belief in Natural rights, inherent in human beings, not dependent on governments Life, liberty, property Purpose of government is to protect If a government fails to do that, the governed have a right to change the government. This was the colonists' justification for independence.
What is government?
It is the institutions that make public policy decisions for a society
McCulloch v. Maryland (1819): The decision set two great constitutional principles
1.The supremacy of the national government over the states 2.The national government has certain implied powers that go beyond its enumerated powers
Who attended Constitutional Convention?
55 delegates from 12 states Wealthy planters, lawyers, merchants
Devolution since Reagan
After decades of new federal policies by the Democrats, the Republican party gained control of the White House in 1980. They attempted to devolve some federal power back to the states by cutting funds for domestic federal programs 1994 Congress, Republicans gained control of Congress and repealed many federal laws, which was short lived Harnessing federal government power once again
Effects of separation of powers
All groups can be heard Encourages stalemate
Policy agenda
All these institutions help shape government's policy agenda Some issues will be considered, and others will not. If politicians want to be elected, they must pay attention to the problems that concern voters. However, such issues change regularly and are a result of societal failures than successes.
Ratification
Before the Constitution could replace the Articles of Confederation as the supreme law of the land, it had to be ratified by 9 of the 13 states Federalists, who favored ratification, were in a minority compared to the Anti-Federalists who opposed it. Three prominent Federalists wrote a series of 85 essays for New York newspapers that argued strenuously in favor of ratification. These essays did little to influence the New York delegates but they remain for us as a record of the Framers' thinking The Anti-Federalists were suspicious of the motives of the elite Framers They worried that states' power would weaken and were concerned that the Constitution lacked explicit protections for civil liberties. However, the Federalists allayed their fears about civil liberties protections by promising to add them after ratification. They kept their word and the Bill of Rights comprises the first ten amendments to the Constitution. 2.6
Political issue
As a result of people disagreeing about a problem or about the public policy needed to fix it. There is never a shortage on issues and govt. is not likely to act unless it is high on the policy agenda
Increased demands for new policy
As the U.S. has become a global superpower, the power of the president has increased dramatically. Both his foreign and domestic policy roles have grown as circumstances have dictated enhanced federal government leadership.
Division of Power Federal obligations to states
Cannot divide states Cannot tax interstate exports Protect states against invasion Overlapping responsibilities
Shared Costs
Cities and states can receive federal money for airport construction, youth program, sewage treatment and many other programs, but only if they pay part of the bill
Policymaking institutions
Congress Presidency Courts Bureaucracy
Aborted Annapolis Meeting
Delegates from five states met in Annapolis, Maryland, in September 1786 and quickly decided to hold a full-scale meeting of all the states in Philadelphia in May 1787 to revise the Articles.
Democracy in America
Democracy is a system of selecting policymakers and of organizing government so that policy reflects citizens' preferences. It's synonymous with terms like justice, freedom, and peace.
Party divide on federalism
Democrats favor national government to advance national policies of health, safety, and social welfare Republicans favor states to handle these responsibilities without government regulations.
Creating a republic
Direct democracy not feasible Representative democracy
Judicial interpretation
Disputes often arise about the meaning of the Constitution. In its opinion in Marbury v. Madison (1803), the Supreme Court claimed the authority to interpret the Constitution through judicial review. This power gives courts the right to decide whether the actions of the legislative and executive are in accord with the Constitution. Judicial interpretations can profoundly affect how the Constitution is understood. E.g. 1896, the Supreme Court decided that the Constitution allowed racial discrimination despite the presence of the Fourth-Amendment
Dual federalism
Federal government and the states each have Separate spheres of authority Like a layer cake, very distinct Proponents are inclined to interpret federal power narrowly.
Individual Rights Issues
Except during wartime, habeas corpus, the right of a prisoner to know why he is being detained, may not be suspended. •Bills of attainder, which punish people without a judicial trial, are prohibited. •Ex post facto laws that punish people for acts that were not illegal when committed were prohibited. •Religious qualifications for holding public office were prohibited. •Treason was narrowly defined. •Criminal defendants had a right to trial by jury. Individual Rights Issues (cont.)
Cooperative federalism
Federal and state government share powers and policy assignment More like a marble cake, with mingled responsibilities and blurred distinctions between the levels of govt. Federal guidelines Shared administration
Protests and boycotts
First Continental Congress - Sept. 1774 Delegates from each colony was sent to Philadelphia to discuss the future of their relations with Britain
It instead is a republic
Framers believed that, as Alexander Hamilton said, the "rich, well-born, and able" were best suited to govern Representative democracy allowed Constitution to become more democratic over time
Congress given economic power
Framers gave Congress the power to levy taxes and regulate interstate and foreign commerce The Constitution obligated the new government to repay all $54 million in public debts incurred under the Continental Congress and the Articles of Confederation
Commerce power
Gibbons v. Ogden (1824), supreme court define commerce broadly to encompass virtually every form of commercial activity. Promote economic development Regulate economic activity after the New Deal When the Great Depression placed new demands on the national government, the Court reluctantly allowed considerable expansion of Congress's regulatory power( E.g. safe working condition) Since the 1990s, the pendulum has swung the other way, with more recent Court opinions restricting Congressional power under the commerce clause.
Effects of checks and balances
Gridlock or ineffective or watered-down policy
Shays' Rebellion
Massachusetts was an exception to the trend of debtor-friendly state legislation and in 1786, a band of farmers led by Daniel Shays attacked courthouses to prevent judges from foreclosing on farms, famously known as Shays' Rebellion Neither national nor state govt. could respond Elites assembled a privately paid force to put down rebellion
High principles versus self-interest
Human nature( human are self-interested so a strong ruler is necessary, but with limited power) Distribution of wealth is the main source of political conflict: thru rise of parties Purpose of government was to preserve and protect property Nature of government involved separating the powers of government into branches that could each check the other branches. This would balance the government and prevent tyranny.
Changes in the States Increases in liberty, democracy
If you were a white male States adopted bill of rights to protect freedoms Abolish religious qualifications for holding office Liberalized the requirements for voting
Wallace and segregation
In 1963, Alabama Governor George Wallace made a dramatic stand at the University of Alabama to resist integration of the all-white school. Federal marshals won this confrontation, and since then the federal government in general has been able to impose national standards of equal opportunity on the states
Declaring Independence
Reconciliation or revolution? The delegates at the Second Continental Congress gradually shifted their mindset from reconciliation to revolution.
Challenges to Democracy
Increased complexity of issues Limited participation in government Diverse political interests Policy gridlock Escalating campaign costs House or rep seat cost at least a $1 million Senate races are even more costly Effects of Political Action Committees( PACs) on the election process
Importance of Staying informed about public affairs
It fosters civic virtues, such as political tolerance Helps citizens identify what policies would truly benefit them, which impacts voting behavior Promotes active participation in politics
Ratification
Legislatures of three-fourths of states Special state conventions
Political culture based on American creed
Liberty Egalitarianism Individualism Laissez-faire( Free market, limited government) Populism
Madisonian System: Thwarting Tyranny of the Majority
Madison devised a system to prevent the tyranny of factions in the government To thwart tyranny of the majority, much of the government's power was kept beyond its reach (Limiting majority control). Only members of the House of Representatives were directly elected by the people Madison's scheme separated the powers of government into three branches, which shared the limited powers of the government among them.
What should government do?
Maintain a national defence Provide public goods and services( Schools, highways, hospitals, libraries) Preserve order Socialize the young( instil in children knowledge of and pride in the nation) Collect taxes
Political participation
More than just voting This is the way people get involved in politics Many people judge the government by how well the political participation is.
Federal Guidelines
Most federal grants to states and cities are based on several conditions which states and cities must adhere to. E.g. in order for states to receive federal support on highway construction, they first must enforce limits on the legal drinking age
Unitary system
Most nations instead have unitary governments Power given to central government States in the U.S. have a unitary relationship with local governments. i.e. they can create or abolish local governments.
Changes in the States New middle class emerged Artisans Farmers Elite power, comprising of wealthy urban merchants, large land owners, or lawyers was threatened
New middle class emerged Artisans Farmers Elite power, comprising of wealthy urban merchants, large land owners, or lawyers was threatened Artisans Farmers Elite power, comprising of wealthy urban merchants, large land owners, or lawyers was threatened
Irritants
New taxes to finance French and Indian War, which lasted 7 years. Enforcement of trade regulations No direct representation in Parliament New Territory obtained by the British as a result of the war
Importance of Flexibility
The Constitution is a brief document considering its scope and purpose. It left a lot of the details up to Congress and future generations E.g. Regarding the federal courts, the Constitution simply authorizes Congress to create them as needed The flexibility of the Constitution has enabled its survival It is the oldest functioning Constitution in the world France, for example, had a revolution the same year the Constitution took effect, in 1789, and it has had 12 constitutions since
Anti-Federalists
Opposed Constitution Largely from the middle class and supported a weaker national government They preferred direct forms of democracy, and wanted stronger protection of individual liberties than the original Constitution offered
Division of Power States retained many powers
Organize local, state and national elections Ratify Constitutional amendments Have equal representation in Senate
Constitution and Democracy
Original Constitution was not democratic by modern standards, nor was it designed to.
Intergovernmental Relations
Over the years, power has gradually shifted from states to the federal government. Through categorical and block grants, the federal government provides state and local governments with substantial portions of their budget. It uses this leverage to influence policy by attaching conditions to receiving the grants. Sometimes Washington mandates state policy without providing the resources to implement the policy, which doesn't please the states.
Three Contemporary Theories of American Democracy
Pluralism, Hyper-pluralism and Elitism
A Culture War?
Polarization of liberal and conservative political culture Is it happening? Testing a crisis of values Loss of traditional values, such as the importance of religion and family life Less patriotism Irreconcilable differences
Linkage institutions
Political Parties, interest groups, the media all used to transmit American preferences to the policy makers in government.
Economic Turmoil
Postwar economic depression left small farmers unable to pay their mortgages Middle class used new power to pass laws friendlier to the debtors than the creditors Such policies did not please the economic elite, who formed the creditor class and formerly had control of state governments 2.2
Formal Amending Process
Proposal Two-thirds vote in each house National convention called by Congress Ratification Legislatures of three-fourths of states Special state conventions
Politics Impact People
Public policy means every decision that government makes- every law it passes, budget it establishes, and process of implementing it. Policies should be effective in addressing interests, problems, and concerns Policies must have a goal- E.g reduce poverty, clean the water, hold down inflation, create jobs
Extradition
The Constitution requires states to return a person charged with a crime in another state to that state for trial or imprisonment, a practice called extradition.
Constitutional Basis of Federalism
So, why did the Framers choose federalism as the system of government? Most citizens felt a strong loyalty to their states, more than they did toward a national government. Also, the United States was so large and its people too widespread for a single, central government to govern efficiently. In 1787, creating a federal system of government was the only practical choice.
Shared Administration
State and local officials implement federal policies, but they have administrative powers of their own. E.g. States have considerable latitude oh how much should be spent on certain programs.
Cooperative federalism in action: State Alcohol laws
States are responsible for most public policies dealing with social, family, and moral issues. The Constitution does not give the national government the power to pass laws that directly regulate drinking ages, for example, but it can influence the states by making federal money contingent on adopting certain policies, such as raising the state drinking age to 21, in line with national prerogatives.
State of the postwar economy
States were free to change Interstate tariffs States printed worthless paper money Congress could not raise revenue o pay debt of provide national defense
Federalists
Supported Constitution Federalist Papers The Federalists, who were largely from the economic elite and supported a strong national government They preferred to insulate public officials from public opinion Alexander Hamilton, James Madison, John Jay
Technology
Technology has changed the Constitution by putting the president in charge of nuclear weapons and Giving rise to a media empire that shapes public opinion.
Cooperative federalism in action Schools
The During the civil war, the federal govt. adopted a policy to create land-grant colleges (E.g. Texas A&M, Ohio State, N. Carolina, Iowa state owe their origins to this policy) 1950s and 1960s saw the federal govt. support for public elementary and secondary education (E.g. No Child left Behind, Race to the top- both program setting standings for performance.
Madisonian System
The Founders reconciled majority rule with minority interests by constraining both the majority and the minority. The Madisonian system did this primarily by dispersing power among separate branches of government, each with a somewhat different constituency. It also gave them shared powers so that each branch had a check on the others
Changing Political Practice
The Framers disliked the idea of political parties and never mentioned them in the Constitution. They developed nonetheless and play a key role in policy today. Also, the Framers never intended for the president to be chosen by popular vote but, without any formal changes to the Constitution, electors have been relegated to rubberstamping the state's popular choice for president
McCulloch v. Maryland (1819)
The case of McCulloch v. Maryland illustrates how Congress uses the elastic clause. The federal government established a national bank and the state of Maryland tried to tax it. Chief Justice John Marshall stated that although the Constitution does not say that the national government has the power to establish a bank, it had the implied power to do so because such power is necessary for the government to function.
Intergovernmental relations
The dealings of federal and state governments with one another in a federal system are called intergovernmental relations
Privileges and immunities
The privileges and immunities clause of the Fourteenth Amendment are designed to prevent discrimination by states against visitors or new residents coming from other states. But there are many exceptions to this clause. State universities, for example, can charge higher tuition to out-of-state students.
Single-Issue Groups
There are many American who treat politics as critical to their interest, Otherwise known as .. These are groups that cast votes based on a particular issue, while ignoring the politicians stand on everything else Eg. Abortion, Immigration reform,
Informal Processes of Constitutional Change
There are several ways in which the Constitution changes informally: Judicial interpretation Marbury v. Madison (1803) Changing political practice Technology Increased demands for new policy
elastic clause
This clause authorizes Congress to make all laws that are "necessary and proper" to carry out its enumerated functions
Declaration of Independence
Thomas Jefferson a 33 year old Virginia lawmaker was the primary author The Declaration listed the ways that the king ( George III) had abused the colonists. Revolutionaries needed foreign assistance from Britain's historic enemy, France The signers were well aware that by signing the Declaration they were committing an act of treason, for which they would be hanged if unsuccessful. Today, we study the Declaration of Independence more as a statement of philosophy than a political call to arms
People help shape policies
Through concerns, problems, interests
Hyperpluralism
Too many groups are so strong that government is weakened, as the influence of so many groups cripples government's ability to make policies. Fragmented political system made up of governments with overlapping jurisdictions is one major factor that contributes to ... E.g Any policy that requires the cooperation of the national, state and local govt.s can be hampered by the reluctance of any one of them.
Proposal
Two-thirds vote in each house National convention called by Congress
American political system moved from elitism to pluralism
Voting qualifications was left up to states 5 amendments have expanded electorate to include women, poor white men, minorities Voting age lowered from 21 to 18 More officials chosen by popular election
Confederation
Weak national government and power given to states No country uses a confederate system of government
What is politics?
Who gets what, when, and how ( Harold Lasswell)
Elitism
contends that our society, like all societies, is divided along class lines and that an upper-class elite pulls strings of government. Power is held by the wealthy A widening income gap between the rich and the poor Elite and class theorists believe that 1% of American do not mere influence the policy makers, they are the policy makers. A mutually beneficial relationship between policy makers and cooperate giants
Thomas Paine's Common Sense, 1776
encouraged the colonists to declare independence from Britain
Political Culture
is defines as an overall set of values widely shared within a society.
Pluralism
is the theory that groups with shared interests influence public policy through organized efforts E.g. National Rifle Association, LGBT, American Council of Education ( ACE) These groups with open access to policy making institutions compete with one another for control over policy with no single group dominating
Georgia Bill of Rights
•A bill of rights enumerates certain individual liberties and protects those liberties from governmental intrusion, unless there is a sufficiently compelling justification for government action •The Georgia Bill of Rights consists of forty paragraphs, which constitute Article I of the Constitution of 1983. •Twenty-eight paragraphs enumerate individual rights, nine deal with the origins of government, and three are devoted to "general provisions." •All of the rights protected by the U.S. Constitution are also protected under the Georgia Bill of Rights
The Constitution of 1777
•Georgia's first attempt at constitutional government was initiated in April 1776 by the Provincial Congress called by the Georgia Trustees in response to a series of mass meetings held throughout the colony. •Soon after Georgia moved toward independence by accepting the Declaration of Independence, its first constitutional convention was organized. •Completed in February 1777 and executed without having been submitted to voters for ratification, this constitution remained in effect for twelve years. •It vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included a number of basic rights, such as the free exercise of religion, freedom of the press, and trial by jury.
The Constitution of 1789
•On January 2, 1788, Georgia became the fourth state to ratify the United States Constitution •In November of that year, to assure conformity with the federal document, Georgia began a revision of its state constitution in convention. •The shortest of Georgia's constitutions, the Constitution of 1789 was modeled after the U.S. Constitution. It provided for a bicameral legislature, an executive branch and a judicial branch •The legislature, or General Assembly, was elected and had the power to select a governor. •Civil liberties protections normally found in a bill of rights were also included in the constitution
Slavery
•On the issue of slavery, the northern states had to acquiesce to southern states' demands or the southern states would have simply refused to join the union. •The southern states received a promise that the slave trade would not be restricted until at least 1808 •Escaped slaves in free states were to be returned to their owners, •Slaves would be counted as three-fifths of a person for purposes of representation in Congress.
The Constitution of 1798
•Seven of Georgia's constitutions—those of 1777, 1789, 1861, 1865,1868, 1877, and 1945—were directly associated with war-related periods; •The Constitution of 1798 was one of only three documents framed completely under peaceful conditions. •It was in effect for sixty-three years. Almost twice as long as the previous version and it contained detailed proscriptive measures •Although the legislature continued to be the dominant branch of government, the language used clearly struck a more realistic balance of power among the branches of state government.
Georgia's Constitutional
•State constitutions are best understood with reference to their historical roots •A review of the history of Georgia's ten constitutions provides a synopsis of the political, economic, and social history of the state. •Georgia's constitutional history also illustrates the various methods by which a constitution may be written or revised. •Georgia has used three different methods of constitutional revision: Seven were revised by constitutional Conventions Two by constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly
Equality in voting
•Still smarting from Shays' Rebellion, most delegates wanted to restrict voting to men with property but in the end they decided to leave voting qualifications up to the individual states. •People qualified to vote in state elections could also vote in national elections
