Constitution and Political Culture

Constitution and Political Culture Introduction Power - ability to get one person to act in accordance with another’s intentions • Political power- power as used to affect who will hold government office and make binding decisions Introduction Authority - the right to use power • formal authority- exercising power via a government office Legitimacy -political authority conferred by law, public opinion, or a constitution • LGS: “the extent of popular involvement” Types of Government Government: (Weber) the institution is society that has a monopoly on the legitimate use of force • “coercion” (taxation and conscription) • Federalist 23, 30: Hamilton argues for a strong(er) central government (means of coercion) Types of Government: Inclusiveness of the People (1) Autocracy (2) Oligarchy (3) Democracy Types of Government: Limits on Government Power (1) Constitutional (2) Authoritarian (3) Totalitarian Types of Government: Democracy Democracy- political system where the people rule directly or indirectly • Popular consent = allows constitutional democracies to build the state Democratic Centralism • Government represents the “true interests” of the people • • Popular Consent and Elections Authoritarian and Totalitarian regimes (USSR, Cuba, North Korea) Representative Democracy Schumpeter: government where leaders are authorized to make decisions by winning a competitive struggle for the popular vote • Genuine competition for leadership • Fair and timely elections office • individuals and parties able to run for Direct Democracy (1) “rule of the many” (2) People choose elected officials AND vote on proposed laws (3) Examples • Initiative • Referendum • Recall Who Governs? (1) Majoritarian (Rule by the People) (2) Pluralism (Rule by Groups, Dahl) (3) Elitism (Rule by the Few, Mills) Five Principles of Politics 1. “All Political Behavior Has a Purpose” • Political behavior is goal-oriented 2. “All politics is collective action” • Gov’t requires collective societal action Goals of individuals often clash when acting collectively • • Political actors make instrumental choices Five Principles of Politics 3. “Institutions Matter” • Providing processes to alleviate problems of collective action 4. “Political Outcomes are products of individual preferences and institutional procedures” • Individual goals AND procedures determine outcomes • Shape behavior and outcome Five Principles of Politics 5. “History Matters” • Historical processes shape institutions • Provides a normative context for political events and outcomes The Constitution: Political Values • Liberty = Goal of Revolution • Colonists: liberties as British subjects were being violated • legal protection, quartering of troops, trading rights, no taxation without representation The Constitution: Divided Interests 1. Merchants 2. Southern Planters 3. Royalists 4. Shopkeepers, artisans, laborers 5. Small farmers Adams: “The Real Revolution” • consent of the governed • liberty precedes government • legislative branch over executive branch Examining Common Views of Constitution Common View • Expanded Democracy Reality 1. Constrained excessive democracy 2. Expanded central authority 3. Numerous conflicts and compromises • • Limited Gov’t Power Societal consensus for new government Articles of Confederation Powers of Nat’l Gov’t Weakness (1) Make Peace (2) Coin Money (3) Military Appointments (1) Taxes (2) Regulate Commerce (3) Equality of States (4) Super-majority (4) Post Office (5) State legislators (6) unanimous amendments Constitutional Convention: Balancing Liberty vs. Order Pennsylvania Massachusetts (1) Unicameral Legislature -one year terms -4 term maximum (2) No Executive (3) Pros and Cons (1) Separation of Powers -3 branches of government (2) Limited Eligibility -not as much popular consent (3) Shay’s Rebellion -democratic -majoritarian power Constitutional Convention: Lockean Liberalism “State of Nature” • individuals cherish and seek to protect their life, liberty, and property (natural rights) • however, the strong can deprive the weak of liberty Constitutional Convention: Lockean Liberalism Creating Government • created for the self-preservation of individuals • limited government necessary because, without limits, governments will deprive individuals of their liberty Constitutional Convention: Lockean Liberalism Creating Government • “Consent of the Governed” whereby people will not agree to a government that threatens liberty • chief limitation of government is consent Constitutional Convention and Declaration of Independence • “inalienable rights” • Influence of Locke’s “natural rights” • Liberty precedes government Debating the Constitution (1) Virginia Plan (2) New Jersey Plan (3) Great Compromise Democracy and Constitution More Democratic (1)House of Representatives • apportionment • direct election (2) Electoral College • no direct election • state legislatures • equal representation (2) Electoral College Less Democratic (1) Senate • majority rule (3) Judiciary (4) Constitutional Amendments Key Principles: Checks and Balances Congress - President (1) Refuse Administration Bills (2) Override Veto • 2/3 Both Houses Congress - Courts (1) Jurisdiction of courts (2) Impeachment (3) Refusing Judicial Nominee (3) Impeachment (4) Refusing Appointment • Senate only (5) Refusing Treaties • Senate only (4) Power of Purse Key Principles: Checks and Balances President - Congress (1) Veto (1) Judicial Review (2) Executive Orders Courts - Congress (3) Executive Privilege Courts - President (1) Judicial Review President - Courts (1) Nomination of Judges • executive actions Key Principles: Separation of Powers (1) 3 branches • Executive, Legislative, and Judicial (2) MADISON: human nature= self-interested behavior • in government, factionalism and tyranny result if institutions concentrate power • HOWEVER, proper constitutional arrangements can “harness” self-interested behavior • separation of powers force compromise, unity, consensus Key Principles:Federalism (1) Political authority is divided between national and state governments (2) limits factions, tyranny • each level can check the other Federalism vs. Unitary, Confederation (1) Sovereignty: ultimate political authority (2) Dual Sovereignty Guarantees to States (1) “Guarantee Clause” (2) Protection from domestic and foreign insurrections (3) No mergers or divisions between states (4) New Admissions (5) Uniform taxation (6) Equal representation in Senate Restrictions on States Treaties Money Nobilities Bills of attainder, ex-post facto, habeas corpus (5) Taxes on imports/exports (6) Keeping troops/ships in times of peace (1) (2) (3) (4) Rules Governing State Relations (1) “full faith and credit” (2) Privileges and immunities (3) extradition McCulloch vs. MD (1819) (1) Does Congress have the right to set up a national bank? • “necessary and proper” clause (elastic) and national economy (2) Could a national bank be lawfully taxed? • Supremacy clause and Congress Applying Federalism: Theories (1) Nullification (2) Dual Federalism (3) Cooperative Federalism Applying Federalism: Practice (1) Grants-in-Aid (2) Block Grants (3) Categorical Grants (4) Devolution • Welfare reform Liberty and Constitution: Bill of Rights (1) Anti-Federalists • liberty is secure only in small republics • strong federal government will usurp state government powers • confederacy and a bill of rights necessary to protect liberty Liberty and Constitution: Bill of Rights (2) James Madison (Federalist 10, 51) • liberty is safest in large republics ( small republics usurp liberty) • Coalitions are necessary in large republics (protects liberty) • bill of rights=anti-liberty • Enumerated Powers of federal government Liberty and Constitution: Slavery (1) Southern States • would not ratify if slavery was prohibited • Constitutional Convention debates abolition, prevention of further expansion…proposals fail (2) “Greatest Compromise” (Lowi) • 3/5 Rule • 1808 rule • return of escaped slaves Liberty and Constitution: Slavery (3) Unsettled Issues • slavery in western territories • could slavery be prohibited after 1808? “Original Protections” of Constitution (1) Writ of Habeas Corpus • state can only detain for “sufficient cause” (2) Bills of Attainder Prohibited • cannot declare an individual guilty of a crime without a trial (3) Ban of Ex-Post Facto Laws • “after the fact”---laws that make criminal an act that was not illegal when committed Political Culture Explaining American Democracy • Constitutional Features • Physical Advantages • Customs of the people Political Culture (def) “a distinctive and patterned way of thinking about how politics and governing out to be conducted” • Tocqueville: the “moral and intellectual characteristics” of Americans Political Culture vs. Political Ideology • “the more or less consistent sets of views concerning the policies government ought to pursue” • what government ought to do vs. how government ought to operate Political Ideology and Values (1) Freedom/Liberty • freedom of • freedom from (2) Order • police power Political Ideology and Values (3) Equality • opportunity vs. results Original and Modern Dilemmas Equality Liberals Populists/Communitarians Libertarians Conservatives Freedom Order What Government Does (1) Providing Order • establishing the rule of law to preserve life and protect liberty (2) Providing Public Goods • benefits available to all (education, sanitation, parks, defense) What Government Does (3) Promoting Equality • promotion of social and economic equality by law “The American Creed” Liberty • Equality • Individualism • Self-Government • e pluribus unum • Free Enterprise Attitudes on Government Responsibility US Provide health care for sick Provide decent standard of living for elderly Keep prices under control Provide job for everyone who wants one Reduce income differences Provide industry with help 39 38 25 14 17 17 GB 82 73 44 29 36 41 FR 53 51 42 40 49 36 GR 51 48 23 28 25 16 Source: 1996 International Social Survey Program Attitudes on Social and Moral Issues US Divorce is sometimes justified Premarital sex is wrong Homosexuality is wrong Abortion is wrong if child may have birth defect parents are poor Believe in God Believe in life after death 81 61 75 47 31 92 81 GB 87 34 66 63 34 68 59 FR 89 26 64 81 53 52 51 GR 93 31 61 49 17 62 55 Source: 1996 International Social Survey Program Values in Change:Materialist and PostMaterialist Values US Materialist High level of economic growth Stable economy Fight against crime Post-Materialist More say in community/work More say in government Protect free speech More humane society Source: 1990-1 World Values Survey GB 67 62 64 FR 72 47 55 GR 65 66 49 76 71 65 55 55 48 33 69 51 45 43 68 38 63 57 59 50 61 55 Mistrust in Government in the US: Percentage Saying “great deal of confidence” 1966 Congress Supreme Court Press Major Companies 42 50 29 55 71-79 80-89 90-92 2002 16 29 23 22 19 29 18 18 10 28 15 14 18 40 12 18 Source: 1992; Humphrey Taylor. 2002:Gallup. Political Culture Maintaining Culture • political socialization (family, schools, media, peers...) • “all men are created _____” Culture & Ideals • ideals and political action • ideals and public policy • limits of ideals