Notes from 7/31/06: Democratic model

I.                    The beginning

a.       “Politics”

                                                              i.      Not just gov’t; “master science”

                                                            ii.      Definitions

1.      Acquisition and management of power

2.      Manifestation of relationships that shape broader social environment

3.      Government policy

4.      Interaction of ideas and worldviews

5.      Interaction of self-promoting strategies; winning/goals; process of decision-making

6.      Conflict between ideologies and beliefs

                                                          iii.      If we all had the same beliefs, would we really need politics?

b.      Three definitions

                                                              i.      Old: Politics is the authoritarian allocation of values in a society

                                                            ii.      More modern:

                                                          iii.      Prof. Lengle’s:

 

Notes from 8/1/06: Democratic Model (cont)

I.                    Types of government models

a.       Authoritarian government: BlackboxàOutput

b.      Direct democracy: People make public policy

c.       Representative democracy: Representatives (elected elite) make public policy (most modern democracies)

* Demands & Supply à Blackbox à Output (necessary for a republic or representative government)

d.      Hybrid model of democracy

                                                              i.      Includes ability of public to make law without political institutions or elite; adds aspect of direct democracy to representative model

                                                            ii.      Initiative process

1.      Citizens can write law and the public can vote to enact it (state law only)

2.      Useful if elected elite is not responding to individuals’ demands quickly enough

3.      Can be challenged in court (defender of minority rights: Nazi example)

                                                          iii.      Referenda process

1.      Different meaning in Europe and U.S.

2.      Voters are able to undo/overturn law passed by the legislature

3.      This mechanism is gaining momentum in many countries because more and more people are feeling that the political institutions and elite are being unresponsive and not representing the demands and rights of the people

e.       Electronic democracy (takes into account technology)

                                                              i.      Doesn’t exist anywhere, but many people would like to see it implemented

                                                            ii.      Goes back to direct democracy: people write laws online, collect signatures online, campaign for their cause online, vote online

                                                          iii.      Example: Ross Perot

II.                 Which type of democracy is better: representative or direct?[MA1] 

a.       Representative better than direct

                                                              i.      Instability/People are ruled by passion à extreme responses to immediate situations

                                                            ii.      Not all people have the time, capacity, or interest to be involved in politics

                                                          iii.      Politics is a profession à Experience leads to greater efficiency and effectiveness

b.      Do politicians really have motivation to give power back to the people?

c.       What about the role of civil society?

Notes from 8/2/06: Public Opinion

Exam and Credit

-          One for Economics and one for Political Science (an hour and a half each)

-          4 essay questions, pick 2

o        Example: Discuss comparative advantages of direct and representative democracy

-          No dictionaries or notes

-          Can have multiple parts to a question

-          Graduate: Concepts and theories; Application of concepts and theories to real situations

o        Questions from the Dahl book

 

Thoughts from yesterday

I.        Degrees of democracy

            a.       Democracy is a continuum

           b.       If a government meets all 5 criteria listed yesterday, it is a democracy.  That does not, however, tell us how democratic it is.

            c.       United States is somewhere in the middle, leaning towards being more democratic

1.      Use of supermajorities protects minority rights, but can make it less democratic in terms of rule by the majority

2.      Electoral college: Having the most popular votes does not necessarily lead to winning an election à One person does not equal one vote

3.      Judicial review: Supreme Court (appointed by the President, confirmed by the Senate; not elected by the people and not held accountable by the people after appointment) can overturn laws passed by Congress and the President (elected by the people), even if the law is in favor of a majority of the people

4.      Two Senators per state à One person does not equal one vote

           d.                 We can make political systems more democratic over time

II.     The concept of democracy evolves over time; there is not a fixed meaning

            a.                 Ancient Greek city-states

1.                  Direct democracy

2.                  Participation was limited to certain people

           b.                 Democracy at the time of the Founders

1.                  African-Americans, Women, Non-property holders couldn’t vote; only white male property holders could vote[MA2] 

            c.                 Movement towards electronic democracy

1.                  A hundred years from now, people may criticize how difficult we make it for people to vote today

III.   Democratic structures can vary from country to country

                     a.       Democracy needs the five components we looked at, but these components can be implemented in different ways (does not mean that one is more democratic than the other)

                     b.       Constitution

1.      Some countries do (U.S.)

2.      Some don’t (U.K.)

                     c.       Type of executive

1.      Parliamentary system with Prime Minister (UK, Germany)

2.      Presidential system with President (US)

                     d.       Legislature

1.      Chambers

-       Unicameral/One chamber

-       Bicameral/Two chamber (US – House of Representatives, Senate)

2.      Representation

-       National

-       Regional

-       Local

                     e.       Judicial

1.      Specific terms of office vs. Tenure

2.      Elected vs. Appointed

                      f.       Party system

1.      30-40 political parties (Hungary, Poland)

2.      2 political parties [MA3] (US)

-       Comparison of U.S. South while dominated by Democrats (no law prevented Republicans from running; Democrats weren’t forced to conform to all aspects of the Democratic platform - primaries) to Communist China à number of parties doesn’t matter so much as (1) choice and (2) opportunity to oppose or run against

-       Note: China has 26 parties (25 affiliated with Communist party)

Side conversation:

Violence in Afghanistan and Iraq à Should a democracy be judged by results?  If there is a lot of bloodshed, is the democracy worthwhile?  à Many democracies have come with a lot of bloodshed (eg, French Revolution); also, bloodshed is not the only crime to consider – taking away people’s civil liberties can be much more significant (is the life of a few worth the civil liberties of the many?); the right to bear arms

 

IV.  Demand Side and Popular Sovereignty à Considering the correlation between what the people want and what the black box produces

                     a.       What is there in society that prevents public opinion from being directly translated into public policy?

1.      Framers didn’t want public policy to automatically reflect what the people wanted

-       The public shouldn’t govern directly (not educated enough, too busy, too passionate, divided interests)

2.      Buffer institutions were designed to deflect public opinion (obstacles to popular sovereignty)

-       President/Chief Executive

                                                              i.      Elected by the Electoral College (535 people), which sometimes keeps the people from getting what they want

-       Congress

                                                              i.      Senate was originally chosen by State Legislatures

                                                            ii.      House of Representatives was, initially, the only institution directly elected by the people.

-       Supreme Court

                                                              i.      Nominated by the President (elected by the Electoral College)

                                                            ii.      Confirmed by the Senate (originally elected by the State Legislatures)

3.      It is difficult to know what the public thinks

-       Read every bit of input from the people (not efficient, not representative)

-       Talk to people (not efficient, not representative)

-       Follow media coverage of opinions (not representative or inclusive)

-       Public opinion polls (not necessarily accurate or inclusive)

                                                              i.      Does not take into consideration all alternatives; neglects complexity of issues

                                                            ii.      Wording can manipulate opinion

Notes from 8/3/06: American Public Opinion

	National Health Insurance	Preemptive Strike	Capital Punishment	Tax system	Gay marriage	Affirmative Action	Marijuana	Liberal	Conservative
Liberal	Support	Oppose	Oppose	Progressive	Support	Support	Support	7	0
Cons	Oppose	Support	Support	Flat	Oppose	Oppose	Oppose	0	7
1	Oppose	Oppose	Support	Flat	Support	Oppose	Oppose	2 out of 7	5 out of 7
2	Oppose	n/a	Support	Flat	Oppose	Oppose	Oppose	0 out of 6	6 out of 6
3	Support	Support	Oppose	Progressive	Oppose	n/a	Oppose	3 out of 6	3 out of 6
4	Oppose	Oppose	Oppose	Flat	Support	Oppose	Support	4 out of 7	3 out of 7
5	Support	Oppose	Oppose	Progressive	Support	Oppose	Oppose	5 out of 7	2 out of 7
6	Oppose	Oppose	Support	Flat	Support	Oppose	Oppose	2 out of 7	5 out of 7
7	Support	Support	Oppose	Flat	Oppose	Oppose	Oppose	2 out of 7	5 out of 7
8	Support	Support	Support	Progressive	Oppose	Support	Support	4 out of 7	3 out of 7
	4S / 4O No Maj	4O/ 3S/ 1U Maj L	4S / 4O No Maj	5F / 3P Maj C	4S / 4O No Maj	6O/1S/1U Maj C	6O / 2S Maj C	1 Maj	3 Maj

 

(Underline = same votes between students 1 & 6)

(Caps = majority)

(Bold = totals per column)

 

Findings from poll of American students:

1.      American public opinion is not constrained; knowing position on one issue is not sufficient to know position on every issue à Americans are not consistently ideological à Continuum from liberal to conservative

0	0	1	2	1	3	1	0
7/7	6/7	5/7	4/7	3/7	2/7	1/7	0/7

 

2.      Unimodal à Centrists à Neither conservatives nor liberals dominate

3.      Opinion is diverse; there is very little overlap over a range of issues (results from finding #1) à Only students 1 and 6 voted alike on all issues

4.      Majorities are fluid; no majority was the same across issues à See capitalized blocks

a.       Allows room for compromise, but makes representation more difficult

b.      Student 8 is the only student who was never in the majority à 7 out of the 8 students was in the majority for at least one issue à Everyone has the potential to be a winner; most people win most of the time (most students who were in the majority were in the majority for a majority of the issues)

5.      Fluid majority mutes conflict and helps to make a more cohesive and stable society by preventing any one group from consistently losing.  Also encourages politics to be conducted in a very courteous fashion (consider the role of #2 in the question about preemptive strike: not needed for majority on that question, but is needed for future majorities à Enemies may later be needed as allies)

a.       1 and 6 are the only students who were in all 4 majorities; all of the other 6 students were in the minority at least once, in which case – for the sake of self-preservation, out of prudence – everyone will want to have other institutions to protect them for the times that they are in the minority.

b.      Leads to moderate policies (can be good, but can result in diluted policies) or deadlock à motivates compromise

                                i.      Results in little or no change in the status quo à creates political bias for those who benefit from the status quo

                              ii.      Does not lend itself to radical reform, which may, at times, be appropriate and/or necessary

                            iii.      Example: Bush’s efforts to drastically change the Social Security system

                            iv.      Shows that overall American bias does not have direction à works against both conservatives and liberals

                              v.      Exception: Radical change is more likely than moderate change during times of crisis (note: deadlock can lead to crisis, such as in the case of Social Security)

6.      Problem: Two-party system means that neither party will fully represent your views on all issues; views end up being distorted

 

Possible Exam Question: Discuss the implications of public opinion for governing and policy making in a political system.  How well or how badly does public opinion in your own country conform to the American model?

 

Another section of the Demand component of our model: Political parties

I.                    The American Framers’ view of political parties

a.       Completely lacking in the Constitution

                                                              i.      The Framers didn’t believe that political parties facilitated democracy; they felt that they worsened democracy

                                                            ii.      Mechanism of division within society; destroyed cohesion and unity

b.      Political parties quickly emerged after the Constitution was signed

II.                 Modern view: Political parties facilitate democracy

a.       Socialize and educate the masses on political issues

b.      Help to simplify choice, particularly for those who do not have a deep interest in politics; makes it easier for people to govern themselves and to hold representatives accountable

c.       Give direction to public policy; giving one political party the authority to govern allows them to act on the issues as they desire[MA4] 

d.      Aggregate interests: Collective representation of individual members’ interests gives insight into all of the interests within society

e.       Help to provide accountability; political party in power can be replaced if it does an insufficient job

f.       Watchdog role: One party provides a check on the other; prevents political parties from undermining the political system because there are other political parties watching what they are doing (so long as the second party has access to a free press to report any wrongs)

                                                              i.      The more watchdogs you have, the cleaner the politics and the more the accountability

III.               The United States as a two-party system

a.       At odds with trends in other countries

b.      Democrat (since Founding) vs. Republican (1850s)

                                                              i.      434 out of 435 members of Congress are Democrats or Republicans (the one remaining is a Socialist); 99 out of 100 members of Senate; 49 out of 50 governors; 99.5% of all state legislators

                                                            ii.      There are third-parties in the U.S. (Communist, Socialist, Socialist-Workers, Peace and Freedom Party, Libertarian, Liberal, Conservative, Owl Party, and more), but they typically only receive 0.5% of total popular vote[MA5] 

c.       Why a two-party system? (Possible Exam Question)

                                                              i.      Centrist culture à so few people hold positions at extremes (where there is potential for third-party to grab votes) that third parties cannot gain enough votes to get into office

                                                            ii.      Electoral system

1.      Proportionality à can lead to multiple parties because it allows representation proportional to percentage of popular vote

2.      Winner-takes-all (U.S.) à plurality of the vote required to get a seat

a.       Note: Winner-takes-all electoral system leads to centrist culture, which then reinforces the winner-takes-all system.

                                                          iii.      Laws

 

Congressman Ron Paul: Sacrificing personal liberty and privacy, the majority feels, is not a big deal.  Amazingly, over 391 communities and 7 states have passed resolutions highly critical of the Patriot Act.

 

4^th Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Hypocrisy of the U.S. à They set one standard for other countries, but abide by another standard à Fosters a lot of resentment

 

 

 

 

 

 

 

 

Notes from 8/4/06: Philosophical Differences between Democrats and Republicans

 

Possible Exam Question: Compare and contrast the party system in the U.S. with the party system in your own country.

 

Both political parties are in agreement on the fundamentals (democracy is the best way to organize a political system; values associated with democracy – equality and freedom; free market/capitalist economic organization)

 

Differences stem from two questions:

1. To what degree should we allow the government to regulate different aspects of the American economy? 
2. Is it a legitimate actor in solving the nations problems?

 

			Foreign Policy
	Domestic/Economic	Social/Cultural	1900-1945	1945-1970	1970-Present
Democrat	Liberals (put govt in)	Progressive (keep govt out)	Isolationist	Interventionist	Dove
Republican	Conservatives (keep govt out)	Traditional (put govt in)	Isolationist	Interventionist	Hawk

 

Domestic/Economic

These differences originated in the 1930s during economic crisis (Hoover administration failed to deal effectively with high unemployment à Roosevelt resorted to drastic program called the New Deal:

-       development of a minimal social welfare state (social security, unemployment insurance, etc)

-       regulation of markets so as to prevent a repetition of the Great Depression (beginning of the government’s role in economic regulation)

As a result, the Democratic party of the past 50 years has carried on Roosevelt’s tradition, believing that there is a role for the federal government in solving problems à “liberals” à Government programs that provide health care, student loans, etc.

 

Republicans believe that a free market economy functions best with little intervention from the government; Democrats agree in a free market economy, but believe that the government must intervene to prevent political, economic, and social inequalities; Republicans believe that it is the government that causes these inequalities, so it is best to get government intervention out of the market.

 

Reagan said, “Government isn’t the solution; government is the problem” à This is at the heart of the difference between Democrats and Republicans

 

OPEC in the 1970s à Oil cartel could decide the price of oil based on production à 1970s price of oil was sky high à Horrible effect on the American economy à Carter administration (Democrat) seen as failure à Created a Department of Energy to deal with the problem (1. to come up with some conservation plans; 2. help develop alternative sources of energy), typical Democratic response to create department to implement rules and regulations à slapped a price ceiling on oil (regulated oil market)

 

 

Social/Cultural

Examples: Gay marriage, Abortion, Obscenities on the internet

These issues have had the greatest effect on American politics since the 1960s.

Deals with basic human values (principles that guide and constrain our behavior) and moral issues (what is ethically acceptable or unacceptable)

 

Democrats view value systems as consistently changing (this makes it hard to argue against them).  Tend to favor the legalization of marijuana, the unregulation of the economy regardless of the amount of obscenity found there, the recognition of gay marriage

 

Republicans look back over history at 4 or 5 values over time that have contributed to our country becoming the great state we are today, and believe it important to protect and maintain these values to maintain our status; values can be prioritized (this also is hard to argue against).  Tend to favor individuality, family and community, and other long-standing values. à Want to regulate behavior based on these values

 

There is no right or wrong, there are just two different opinions that shape other views on issues such as drug use, gun control, etc.

 

Implications:

-       Moral issues tend to be absolute; you cannot divide a value, so there is often no room for compromise. 

-       Makes it much more difficult to design social/cultural policy than it is to design domestic/economic issues. 

-       Results in a lot of conflict.

 

 

Foreign Policy

Both parties agreed on isolationism before 1945.

Post WWII brought about Communist containment à Both parties agreed on interventionism

Principle of containment brought about the Vietnam War à Parties split after losing the war à

Democrats become doves

-       Isolationist attitude regarding use of military force

-       Interventionist in terms of foreign aid

-       Likely to refer issues to international organizations such as the U.N.

-       Multilateralist (will consider the interests of allies)[MA6] 

-       Minimal defense spending (enough to maintain equality with other superpowers)

-       Not hostile towards left-wing authoritarian regimes

-       Hostile to right-wing authoritarian regimes

Republicans become hawks

-       Military interventionist (willing to use the military to intervene abroad)

-       Isolationist in terms of foreign aid

-       Tend away from using international organizations such as the U.N.

-       More like to act unilaterally (the U.S. will do what is in its best interest regardless of how it relates to the interests of others)

-       Increase defense spending (enough to achieve superiority to other superpowers for the sake of deterrence)

-       Hostile to left-wing authoritarian regimes (such as Communist regimes)

-       Friendly with right-wing authoritarian regimes (because they are anti-Communistic)

 

Possible Exam Question: What certain groups in society affiliate with each political party?

	Democratic Support	Republican Support
Gender:	Women	Men
Race:	Minorities (African American, Hispanics)	Caucasian
Religion:	Minorities (Catholics, Jews)	Protestant
Class:	Working, Lower	Upper & Middle
Region:	NE, Far West, Industrial Midwest, Hawaii	Everywhere else: S, SW, Midwest, Rocky Mountains, Alaska
Education:	≤HS, >BA	AA, BA
Income:	<$50,000	>$100,000
Age:	>60	35-50
Military:	Non-military	Military
Profession:	Blue-collar, Pink-collar	White-collar
Professors:	Humanities, Social Sciences	Hard Sciences, Business

 

Notes from 8/7/06: Elections

Graduate Exam: Theories & concepts more than specifics; book more than lectures

Possible exam questions: Each of the chapter headings is a question à If you understand the answer to the question, you will do fine on the exam.  à Organize your studying around answering the question headings for each section.

 

LSHS 480 30 Section 2: Liberal Studies- Humanities & Social Science (American Politics and Economic Systems)

Email: (not posted on website)@georgetown.edu

 

I.                    Elections

a.       5 Components of Democracy (Popular sovereignty, Authority, Legitimacy, Accountability, …) all depend on having elections

b.      How are elections structured?

                                                              i.      Fair

1.      Any political party should be allowed to participate

2.      Any individual should be allowed to run

3.      There should not be any obstacles to any political party or individual

4.      Everyone is treated more or less equally in terms of running for office

                                                            ii.      Universal participation

1.      Everyone should be allowed to vote

2.      Age limits may be different in various countries (U.S. is 18+)

a.       No known political systems have a maximum age

                                                          iii.      Frequent and Periodic

1.      Terms cannot be indefinite for sake of accountability

2.      Frequency varies by country and institution (in U.S., President is elected every 4 years; House of Representatives is every 2 years; Senate term is 6 years)

                                                          iv.      Voting methods à structure of vote, how votes are counted, etc. can create bias one way or another

1.      Purpose is to measure aggregate demand and collective preferences of the people

2.      There are voting methods that are better/more democratic at measuring collective preferences than the voting systems currently used in most countries, but many of these introduce a degree of complexity that leads voters to not want to vote and is therefore self-defeating

3.      Plurality/First Past the Post: Candidate with the most votes wins

a.       1992 election between Bill Clinton (42%), George Bush Sr. (39%), and Ross Perot (19%) à Problem is that the majority of voters did not vote for Clinton, nearly 60% voted against him

b.      Minority winner is more likely as the number of candidates increases

c.       Runs against the democratic idea of majority wins

d.      Examples: U.S., Taiwan

4.      Plurality election with a run-off election

a.       U.S. used to have run-off elections; France continues to have them

b.      Only candidates with a certain percentage after first election can run in the second election or with each election the candidate with the lowest votes drops out

5.      Approval voting

a.       Each voter gets multiple votes and can give them to candidates proportionate to how much he or she likes each of them.  Allows voter to rank candidates and express second preferences.

b.      Allows votes to express intensity in addition to direction.

c.       Allows more information about electorate to be conveyed by votes.

d.      Used in some smaller political units in the U.S., but not used by any major political system

e.       Benefits minority voters by giving weight to people who feel more intense; can give a disadvantage to the majority

f.       Lani Granier (Bill Clinton nominee for Attorney General) was a proponent of the Approval Voting system because it helped minorities

6.      Borda system/Consensus-based electoral system

a.       Allows voter to register intensity and second preference

b.      Instructs voters to rank candidates (e.g., 1-5) in order of preference

c.       Gives each candidate a certain number of points corresponding to the position in which he or she is ranked by each voter; the candidate with the most points is the winner.

d.      The Borda count was discovered independently by at least two men, but is named for Jean-Charles de Borda, who devised the system in 1770. It is currently used for the election of two ethnic minority members of the National Assembly of Slovenia, and, in modified forms, to select presidential election candidates in Kiribati and to elect members of the Parliament of Nauru. It is also used throughout the world by various private organisations and competitions.

7.      De Condercet

a.       Finds the candidate whom voters prefer to each other candidate, when compared to them one at a time (found by conducting a series of head-to-head contests/pairwise comparisons). à Whoever wins the most head-to-head contests wins.

b.      Same idea as a sports tournament (point difference between two candidates doesn’t matter when looking at the ranking from each voter, only which candidate is higher ranked).

c.       Named for Marie Jean Antoine Nicolas Caritat, the Marquis de Condorcet, in the 18^th century, but was also discovered by Ramon Llull in 1299.

d.      Another problem: Forces voters to vote for candidates they may not like (ie, if you have to give a 2 to a candidate you don’t like, your 2 may beat a 1 and give the candidate a vote)

8.      Bentham method

9.      Nash method[i]

 

Possible Exam Question: Discuss different structures for voting and the comparative advantages of each.

 

II.                 Motivation of the Framers to create a new political system

a.       Felt that the Parliament and the King were making decisions; colonists didn’t have any say in Parliament à “Taxation without representation is tyranny”

b.      Goal: To prevent a repetition of their experience with the King and the Parliament; that is, to prevent tyranny (the concentration of political power in the hands of one person, one political institution, or in the hands of the majority) because power corrupts.

c.       Means for avoiding tyranny: Distributing power as broadly as possible within the political system.

III.               Principles of the Founding

a.       Federalism: Vertical distribution of power between the national/central government and the state and local governments

                                                              i.      State governments are recognized by the national constitution; there is nothing the national government can do to abolish the states

                                                            ii.      Question: How do you distribute power between these three levels of government?

1.      National government has delegated powers (those expressly written in the Article I Section 8 of the Constitution), implied powers (at the bottom of Article I Section 8 it says that the national government has power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” à tax, provide for a currency, create a Central Bank and Federal Reserve, etc.), and inherent powers (decided by the Supreme Court that the national government may have power to regulate foreign policy and international affairs[ii])

2.      All powers not delegated by the Constitution or the Necessary and Proper clause, or assumed to be an inherent power, are delegated to the state and local governments.

3.      Tax at national, state, and local levels: 0-35% progressive tax at national level (low compared to Taiwan and China); sales (0-9%), income (0-10%), and property taxes at state level; flat income tax is gaining popularity because of examples in Europe, Taiwan(?), and Canada

                                                          iii.      Over the past 200 years, power has shifted from the state governments to the national government so that now the national government has most of the power

1.      Historical reasons for this shift

a.       Industrialization & development of transportation industry à Increased interstate commerce (which is regulated by the national government)[iii]

b.      Great Depression/FDR’s New Deal policy:

-       Social welfare program (food stamps, college loans, etc)

-       Regulation of business

c.       Civil War/Desegregation/Race issues: Federal intervention was needed to put an end to segregation in several states.

2.      Political reason for this shift

1.      Grants-in-aid à forced states to adopt certain regulations in order to receive federal money; states ceded control to the federal government in order to get money from federal government

3.      Constitutional reason for this shift

1.      When there is a conflict over which level of government should have power over a particular role, the Supreme Court decides à The Supreme Court has tended to favor the national government

2.      For most of the 20^th century, Supreme Court justices were appointed by Democrats, and Democrats tend to believe that increased national government is the solution to most problems.

                                                          iv.      Devolution under current Republican

                                                            v.      Downside of federalism

1.      Comprehensive and effective solution is easier when there is just one policy handed down to everyone (having one national policy that applies everywhere is very coordinated, very comprehensive, and more likely to achieve some degree of success than if there are 50 individual state policies which may come into conflict with one another)

                                                          vi.      Benefits of Federalism

1.      Helps to prevent tyranny and protect freedom by dividing power

2.      Diversity of programs from state to state à allows states to take their own history and culture into account when designing policy (such as in education) à Protects minorities

3.      Little laboratory analogy (you don’t have all your eggs in one basket) à Allowing different approaches leads to more progress; each state can try its own solution, then other states can adopt the policies that show the most success.

a.       Examples: California’s smog regulations; New York’s anti-water pollution policies; Oregon’s absentee ballot procedures

4.      More levels of government à More opportunities for people to participate à Develops civil society à Strengthens democracy

b.      Separation of Powers (horizontal distribution of power within each level; if vertical distribution of power shifts, horizontal distribution of power keeps power from being concentrated)

                                                              i.      National level

1.      President: Executes the law

a.       Constitutional Requirements:

1.      Natural-born citizen of the U.S. (can be born abroad in U.S. military zone or to American parents)

2.      35 years of age

3.      Resident of the U.S. for at least 14 years of your life

b.      Cultural Requirements:

1.      Race (Caucasion)

2.      Ethnicity (Anglo-Saxon/Western European)

3.      Religion (Christian)

4.      Gender (Male)

c.       Political Requirements:

1.      Career (military or politics[iv])

2.      Economic (rich)

3.      Moral (hard drugs, adultery, homosexuality, children out of wedlock)

d.      Some presidents are more effective than others:

1.      Power: Contemporary presidents have more power than historical presidents

2.      Context of the time: Communication technology such as radio and television; larger federal government; broadened international relations

3.      Personality: Effectiveness in dealing with other people; communication skills; determination; work ethic; assertiveness

2.      Congress: Writes the law

3.      Supreme Court: Interprets the law

c.       Checks and Balances

Notes from 8/8/06: The Presidency

 

I.                    Responsibilities of the President

a.       Constitutionally-delegated Roles

                                                              i.      Chief Administrator

1.      15 Executive Departments (similar to ministries)

a.       State, Defense, Justice, Agriculture, Housing & Urban Development, Homeland Security, Health & Human Services, Interior, Commerce, Labor, Education, Transportation, Energy, Treasury, Veterans Affairs

2.      Power of appointment (appoints upper-level staff of these departments)

a.       President nominates individuals to fill these positions, then the Senate confirms the nominations

b.      Drawn from campaign, political party, or major groups that supported his candidacy

c.       Hard to find someone qualified, so many times the President draws on people from previous administrations (e.g., Colin Powell and Donald Rumsfeld).  Also hard to find someone willing to undergo the scrutiny associated with being confirmed (both in terms of their personal lives and financial background)

                                                            ii.      Commander-in-Chief

1.      Power to use military (even without a declaration of war from Congress)

2.      U.S. military involvement since WWII without declaration of war

a.       Korea, Berlin, Vietnam, Lebanon, Grenada, Cuba, Libya, Panama, Kuwait, Somalia, Rwanda, Kosovo, Bosnia, Afghanistan, Iraq

b.      Congress passed a law called the War Powers Resolution of 1973 (invoked in the Multinational Force in Lebanon Resolution and to withdraw troops from Somalia in 1993), which requires the President to consult with Congress prior to the start of any hostilities as well as regularly until U.S. armed forces are no longer engaged in hostilities (Sec. 3); and to remove U.S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days (Sec. 5(b)). Following an official request by the President to Congress, the time limit can be extended by an additional 30 days (presumably when "unavoidable military necessity" requires additional action for a safe withdrawal).

b.      Extra-Constitutional Roles

                                                              i.      Chief of State (Bill Clinton is a good example)

1.      Figurehead of American politics; paternalistic figure (e.g., in response to Oklahoma City Bombing in 1995 and Attacks of 9/11)

                                                            ii.      Chief Legislator

1.      Power to veto legislation proposed by Congress (even after being passed by both houses), given by Article I, Section 7

a.       If President signs the bill, it becomes law

b.      If President vetoes it, it goes back to Congress to be voted on again.  If the bill gets 2/3 of all votes in each chamber, it becomes law.  If not, it does not become law.  (Note: Very difficult to override President’s vetoes.  There have been about 2551 vetoes in U.S. history, only 4.1% - 106 total -have been overridden by the Congress[v])

2.      Power to direct legislation by presenting ideas to guide Congress

                                                          iii.      Party Leader (George W. Bush is a good example)

1.      Whatever policies that the President wants to pursue, that becomes the platform for the party

a.       Can give focus to the party’s program

b.      If President’s ideas are bad, the party can get a bad reputation or become divided; makes the party look less successful.

                                                          iv.      Chief Foreign Policy-maker (Nixon is a good example)

1.      Expanding NATO, for example

2.      President has more discretion in determining foreign policy than domestic policy

a.       Public is not informed on foreign politics

b.      There are fewer organized groups lobbying the President on foreign policy

c.       The President has discretion/control over information relating to foreign policy; monopoly over information gives him power (ie, Iraq WMDs[vi])

II.                 Supreme Court

a.       Judicial Branch of government (Article III of the Constitution)

                                                              i.      Interprets the law when there is conflict over the meaning of laws between individuals, institutions, or levels of government

                                                            ii.      Resolves conflict over the meaning of the Constitution

1.      Conflict between levels of government

a.       Authority to invalidate legislation or executive actions which, in the Court’s considered judgment, conflict with the Constitution

2.      Conflict between institutions

a.       Consider: Example of Watergate Scandal under President Nixon

                                                                                                                                      i.      Legislative Oversight (Congress’ constitutional right)

                                                                                                                                    ii.      Executive Privilege (President’s constitutional right)

                                                                                                                                  iii.      Eventually Nixon turned over the tapes and was found guilty of obstruction of justice à Set a very important precedent; even the President is subject to the rule of law

3.      Conflict between the government and an individual

a.       Individuals protected by Bill of Rights (first 10 amendments)

b.      Supreme Court tends to protect rights of individuals more than it defends the power of government à “Defender of rights and liberties” à Defends individuals from abuse of power within the legislative and executive branches

b.      Nine judges with lifetime tenure (until they die or retire)

                                                              i.      Roberts, Stevens, Scalia, Alito, Breyer, Ginsburg, Thomas, Souter, Kennedy (4 conservative, 4 moderate to liberal, and 1 swing vote)

                                                            ii.      Lifetime terms enhance the independence of the judiciary by separating it from politics

                                                          iii.      The number is not fixed in the Constitution[vii]

                                                          iv.      A president who is in office for 8 years will, on average, be able to confirm 4 justices.

                                                            v.      This gives the President some authority to influence the views and nature of decision making of the court

1.      Legal qualifications: Distinguished legal background

2.      Political qualifications (typically member of same party; same constitutional philosophy)

3.      The Senate must confirm any of the President’s nominations to fill vacancies.

4.      Some justices will postpone retirement so that a President with opposing views does not get to appoint a new judge.

c.       Power of judicial review (not written in the Constitution; established in Marbury v. Madison[viii])

                                                              i.      Power of Supreme Court to make a law null and void if it is found to be unconstitutional

                                                            ii.      Example:

1.      Japanese internment camps during WWII à Declared constitutional

2.      Steel workers strike during the war in Korea[ix]

a.       President sent military to take control of steel manufacturing à Declared unconstitutional

d.      Non-elected

                                                              i.      Non-elected justices can negate policies determined by 536 elected people

                                                            ii.      Undemocratic, but it achieves a democratic good by protecting minorities from the power of the majority and preserving civil liberties

III.               Congress

a.       Bicameral

                                                              i.      House of Representatives

1.      435 members each representing 625,000 people

2.      Serve 2 year terms; unlimited terms

3.      Alaska and South Dakota (each with approx. 500,000 people) elect 1 representative; California (with approx. 32 million people) elects 52 representatives

4.      Each state is divided into Congressional districts

                                                            ii.      Senate

1.      100 members; 2 Senators per state à antidemocratic tendency in U.S. (51 Senators can make a majority in the Senate even if they do not represent a majority of the people – if the 52 Senators are from the smallest 26 states, only 20% of people are represented) protects minorities

2.      Serve 6 year terms; unlimited terms (one Senator was over 100 years old)

3.      1/3 of Senators are up for election every 2 years (no state has both Senators up for election at the same time)

4.      Originally elected by state legislatures

                                                          iii.      Elections

1.      In 2006, 435 Representatives and 1/3 of Senators will be up for election

2.      In 2008, 435 Representatives, another 1/3 of Senators, and the President will be up for election

3.      In 2010, 435 Representatives and the last 1/3 of Senators will be up for election

                                                          iv.      How a bill becomes a law

1.      Both chambers are constitutionally equal in terms of making legislation; both chambers must approve the bill (with identical language) before sending it to the President for approval

                                                            v.      Each chamber has specific constitutional responsibilities

1.      The House of Representatives is responsible for writing laws relating to taxation (belief that money must be in the hands of the people; taxation without representation is tyranny)

2.      The Senate is responsible for confirming Presidential appointments to the Executive and Judicial branches and approving Presidential treaties (2/3 vote required)

b.      Representation in lawmaking

                                                              i.      Mandate theory

1.      Delegate

a.       Defines role by mirroring constituents’ point of view (closely based on principle of popular sovereignty)

b.      Essentially turns the representative into a robot; non-thinking role doing the constituents’ bidding

2.      Partisan

a.       Defines role by voting along party lines

b.      Essentially turns the representative into a robot; non-thinking role doing the party’s bidding

                                                            ii.      Independence theory

1.      Representative sees himself as a trustee (exercises his own judgment because at times the constituents and the party can want the wrong things) à statesman

2.      Edmond Burke à In a speech to the electors of Bristol argued that constituents voted for him because they trust his judgment;

a.       “Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents… But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.”

3.      Profiles in Courage by JFK

                                                          iii.      Demographic representation theory[MA7] [x]

1.      Nearly everyone in Congress is white, male, wealthy, and middle-aged, yet they represent many people without these characteristics à Problem of insensitivity to the needs and preferences of minorities[xi]

2.      Problem of representing minorities when reelection depends on votes from majority

3.      Gerrymandering: Can help minorities who are geographically concentrated by designing districts in such a way as to make the minority into a majority