Political Science 12 American Government & Politics
Political Factoid:
The U.S. Constitution is the oldest written constitution in the world.
It is about 4,400 words long, which is the rough equivalent of about a 15-20 page term paper, double spaced. This also makes it the shortest constitution in the world.
The new Iraqi Constitution crafted after the U.S. invasion is about 11,000 words long when translated into English.
Political Factoid:
Of the forty-two people who have been President, thirty-one served in the military, and twelve were Generals.
The Constitutional System
Or… Why it takes the government so long to do anything.
Outline: The Constitutional System
• • • • •
Democracy Madisonian Democracy Pluralism Shared Powers Federalism
James Madison 1751 – 1836
4th President of the U.S.
Democracy
Demos = “the people” Kratein = “to rule”
• Democracy = Rule by the people
• Self government by the many, rather than the few.
Democracy
Two Types of Democracy
1. Direct Democracy: All citizens able to meet together regularly; debate and decide on issues face-to-face. Best in small communities.
2. Representative Democracy: A system where representatives are selected by society at large to act in their place. Best in large communities.
Fundamentals of Representative Democracy:
1. Popular Sovereignty
a) Government policies reflect the wishes of the people b) Government leaders are elected c) Elections are free and fair d) People participate in the political process e) High-quality information is available
f) The majority rules
…Fundamentals of Representative Democracy (contd…):
2. Political Equality: Each person carries the same weight in voting and other political decision making.
3. Political Liberty: Freedoms essential to the formation and expression of majority opinion and its translation into public policies.
Outline: The Constitutional System
• • • • •
Democracy Madisonian Democracy Pluralism Shared Powers Federalism
James Madison 1751 – 1836
4th President of the U.S.
Madisonian Democracy
Problem = Self Interest
CONFLICT Solution = Self Interest! Fear = Tyranny of the majority: “when the same groups is repeatedly losing and the same group is repeatedly winning.” (Squire 27)
The Solution: according to Madison
Self Interest Representation Factions Conflict
Dispersed Power
Freedom from Tyranny
• Many power points so all groups represented • Shared power ensures no tyranny
Example 1
Bob loves forests (self interest)
Bob
Bob is both ineffectual and unorganized on his own
Bob seeks better representation of his interests at a higher level
Bob finds that there is a group of others who feel the same as Bob about forests. Bob joins the Sierra Club and is represented by an organized and effective faction at the national and local levels.
The Sierra Club and the logging industry balance against each other, no one group consistently wins. (Conflict)
Example 2
Factions that are pro-immigration balance against factions that are anti-immigration.
Many bills were discussed and debated.
No resolution had been made
This system protects the status quo.
Self Interest
1. “Instrumental Self Interest” Goal oriented; action supposed to produce some outcome that is consistent with the individual’s goals. (Madison)
2. “Cost-Benefit Self Interest” Individuals weigh the costs associated with acting in pursuit of their goals; if costs outweigh benefit, individual does not act.
Outline: The Constitutional System
• • • •
Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny
– Electoral Rules – Shared Powers – Formal Boundaries
James Madison 1751 – 1836
4th President of the U.S.
Pluralism
1. Individuals are not as instrumentally selfinterested as Madison thought.
2. But individuals can be politically active through non-political groups.
– These groups help to lower costs of participation.
Pluralism
3. On different issues, different factions exercise power.
4. Cross-cutting cleavages exist
– No totally homogenous groups
5. No majority exists, just larger or smaller factions.
Pluralist View of American Politics
Belong to
CITIZENS
VOTE FOR GOVERNMENT OFICIALS
INTEREST GROUPS
Try to Influence
GOVERNMENT
Outline: The Constitutional System
• • • •
Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny
– Electoral Rules – Shared Powers – Formal Boundaries
James Madison 1751 – 1836
4th President of the U.S.
Preventing Majority Tyranny
• Framers’ Motivations:
– Framers feared tyranny – Framers feared concentrated power (King)
– Framers feared “tyranny of the majority” – Framers feared the “whims of the majority”
1. Electoral Rules
• Elections are subject to rules that inhibit the formation of permanent electoral majorities.
The Rules:
a) Indirect Elections b) Fixed Terms in Office c) Geographically Defined Representation
Electorate and Office Term
Position
House of Reps
President
Term
2 Years
4 Years
Electorate
The People
Electoral College
Senate
Supreme Court Justices
6 Years
Life
State Legislatures*
President & Senate
2. Shared Powers
Separation of powers ~ Shared Powers
LEGISLATIVE
EXECUTIVE
JUDICIAL The Supreme Court
Congress
The President
List of Shared powers
• Legislation passed by Congress can be vetoed by the President
• Legislation that is passed by Congress can be overruled by the Supreme Court • The President can negotiate treaties, but they must be approved by the Senate • Congress has the sole power to declare war, but the President must carry it out as Commanderin-Chief
…More Shared Powers
• The President can grant pardons, thereby overruling the federal courts in criminal matters
• Cabinet members & other top gov’t officials are nominated by the President and subject to confirmation by the Senate
• Federal judges are nominated by the President & confirmed by the Senate • President may be impeached by the House and tried by the Senate w/ the Chief Justice as the judge.
Federalism
Federalism = The idea that a country should have different levels of government each with its own set of sovereign political powers.
• Why not just one big federal government? • … The history….
History Behind Federalism
The Declaration of Independence (1776)
History Behind Federalism
The Articles of Confederation (1777 / 1781)
•The National Government would only have the powers states granted it. •States retain their sovereignty, or supreme power, within their borders.
•The National Government would only have power to negotiate foreign relations. •The Articles did not provide for an executive branch.
Types of Federalism
• Dual Federalism
– National government supreme in all areas defined by the Constitution. – State governments supreme in all other areas – National and state government have little interaction – Like a “layer cake”
Types of Federalism
• Fiscal Federalism:
– The practice of having the federal government pay for state and local government programs.
• Began in the 1930’s
– Along with money came requirements about how to spend it.
• In recent years complaints about “unfunded mandates.”
– Like a “marble cake”
States Rights vs. Nationalists
• States Rights:
– Argue the Framers meant for the states to be coequal with the national government.
– Advocate for Dual Federalism
States Rights vs. Nationalists
• Nationalists:
– Constitution is a compact among the people to create a single national community – Constitution grants the federal branches extensive powers:
• Article VI • Elastic Clause (or “necessary and proper clause”) in Article I, Sec. 8
– Advocate for more federal involvement to tackle whatever problems emerge that threaten the U.S. or the general welfare.
Landmarks on the Road of Rising Federal Power
The Devolution Movement
9/11
Civil Rights Revolution The Great Depression and the New Deal The Industrial Revolution and Urbanization
The Civil War Amendments (13th, 14th, 15th)
The Civil War
McCulloch v. Maryland Constitution replaces Articles
Federalism: A set of rules for political conflict.
Medicine or Dangerous Drug?
Under Whose Rules Should Medical Marijuana Policy be Decided?
In 1996 California passed the Compassionate Use Act allowing the possession of marijuana for medical use only.
In 2005 the Supreme Court determined that the federal government can still ban possession of the drug in states that have eliminated sanctions for its use in treating symptoms of illness. This decision was based on the Interstate Commerce Clause (Article I, Section 8, U.S. Constitution)
Under whose rule should guns be controlled?
1990 Congress passed the “Gun Free School Zones Act” making it a federal offense for anyone to knowingly possess a firearm in a school zone.
United States v. Lopez (1995)
The Supreme Court found that Congress had exceeded its power to legislate based on the Commerce Clause.
Under whose rule should “marriage” be defined?
The Defense of Marriage Act (1996)
States do not have to recognize samesex marriages that take place in other states. The Full Faith and Credit clause of the Constitution would otherwise require them to.
A Constitutional amendment defining marriage would prohibit states from allowing same-sex marriages entirely.
In Federal-State Disputes the two sides are rarely National & State
• Examples
– Disputes over Civil Rights – Pro-life vs. Pro-choice – Labor vs. Management
• Opposing factions seek the venue that favors them in the dispute (state or federal).
3. Formal Powers
• Habeas Corpus
– Government officials can not imprison a citizen who has not been charged with a crime.
• Bills of Attainder
– Congress cannot punish a citizen for a crime without a trial.
• Ex Post Facto laws
– Congress can not declare an act to be criminal after the act was committed.
• The Bill of Rights
– Individual rights that citizens posses; the government can not violate an individuals rights.
The Bill of Rights
• The first 10 amendments to the Constitution
A Partial List:
Freedom of speech Freedom of the press
Freedom of assembly Freedom of religious worship Right to bear arms Prevent unreasonable search and seizure Prevent cruel and unusual punishment
Prevent self-incrimination
Guaranteeing due process
Outline: The Constitutional System
• • • •
Democracy Madisonian Democracy Pluralism Preventing Majority Tyranny
– Electoral Rules – Shared Powers – Formal Boundaries
James Madison 1751 – 1836
4th President of the U.S.