Gov book notes - Summary American Government: Power and Purpose PDF

Preview

Summary

book information for this semester...

Description

1. Five principles of Politics Sorts of government: Autocracy: oligarchy: democracy: constitutional government: authoritarian government: totalitarian government: What is politics? single individual rules small group rules the people are important key for the ruling: elections formal and effective limits are placed to reduce the power of the rulers government recognizes no formal limits, but may be restrained by other social institutions government recognizes nor formal limits and eliminate institutions that challenge that government l OMoARc PSD| 3 94 114 4

America’s state and local government possess a considerable measure of independence and authority. Each level of government has its own agencies, policies and responsibilities. The complexity was not an accident: was one important element of the Founders’ grand constitutional designprevent any single group monopolizing power. Paradox in an political life: in a dictatorship, lines of political authority may be simple, but opportunities to influence the use of power are few; in America, political opportunities are plentiful, but how they should be used is far from obvious. What is Government? The institution and procedures through which a land and its people is ruled. Conflict, struggle, cooperation, and collaboration over the leadership, structure and policies of government. The five principles: 1. The rational principle: All political behavior has a purpose governments react on what the people want. All people have goals and their political behavior is guided by these goals. To identify the goals people have, helps us understand them better. The behavior of the politicians can be because of their own interest (get higher on the political ladder), or because of ideological reasons.

2. The institution principle: Institutions structure politics institutions are the rules and procedures that provide incentives for political behavior, thereby shaping politics. Examples: term limits, change of rules of the elections. 4 different kind of institutions: jurisdiction: the domain over which an institution or member of an institution has authority. To pass a law, most of the times the law must first go to a committee, thus the politics is affected by the way its jurisdiction-specific committees are structured. l OMo ARc PSD| 39 411 44

Agenda power and veto power: agenda power is the control over what a group will consider for discussion. Veto power is the ability to defeat something even if it has made it on the agenda of an institution. decisiveness: rules for making decisions. Decisiveness rules is a specification of when a vote may be taken, and how many supporters determine whether a motion passes or fails. Delegation: transmission of authority to some other official or body. This is what happens through voting: the people delegate the power to the elected people. Upside of delegation: assignment of activities to precisely those agents who possess a comparative advantage in performing them. Downside: misalignment of the goals of agents with the goals of principals and thus the possibility of agents marching to the beats of their own drummers. 3. The collective action principle: Politics is collective: it’s about building, combining, mixing. Most of the time this happens in a really constitutional setting, but a lot of times it happens in a way more informal setting. Conflicts are inevitable in collective actions: the question is how to resolve them: informal bargaining: between neighbors. In politics: compromises. formal bargaining, collective action, free riders, public goods, 4. The policy principle: Political outcome are the products of individual preferences, institutional procedures and collective action 5. History principle: How we got here matters Think about a tree, it grows from one branch to a lot of branches. Path dependency is an important. 2. Constructing a Government: The founding and the constitution 5 important sectors of society during the 18th century:     

-

The New England merchants The southern planters The ‘royalists’ Shopkeepers, artisans and laborers Small farmers

These groups were in conflict about taxes, trade and commerce. Tea party protest: in 1773, the British government granted the East Indian Company (EIC) the monopoly on the export of tea from Britain. This eliminated the lucrative form of trade for colonial merchants. To make it even worse for the colonial merchants, the EIC sold the tea directly in the colony, instead of selling it first to the colonial merchants. This led to the Boston Tea Party. These protestors were radicals hoping to undermine the authority of the British government. The government didn’t support any of the ideas of the protestors. This caused a rebellion. The protestors dumped the tea of the EIC into the Boston Harbor. Within five months, the government made new trading rules. This made the radicalization of the Americans bigger l OMo ARc PSD| 39 411 44

In 1774, in the First Continental Congress, an assembly consists of delegates from all parts of the colonies, talked about boycotting the British products and talked about independence from the British lawThe declaration of independence (1776) The declaration was a remarkable document, philosophically and politically. Philosophically: it consisted that certain rights couldn’t be abridged by government. This was derived by Locke. Politically: even though there were a lot of different opinions about how to rule the land, the writer (Jefferson), succeeded to write a document that had a future for a national unity. The revolutionary war: war between Britain and the colonies. It was a bloody war, Britain wanted to end the war, because it seemed like an endless colonial war. The war ended with the treaty of Paris, in 1775, which officially granted the 13 American colonies their independence. 1777: Articles of Confederation and perpetual Union: first written constitution. The constitution concerned primarily with limiting the power of the central government. The states were independent, they retained the power of the Congress (central government). The international position of the states were pretty bad. Because there weren’t any agreements concerned the international trading, European countries could play the states against one another. Another problem was the debt that the states had because of the independence war. The Annapolis convention: in 1786, 5 states came together in Maryland, to talk about the second founding. The plan was to make a new government. They wanted to improve and reform the Articles of Confederation. In May 1787, delegates discussed about a new founding, because just revising the Articles was not enough to get rid of all the problems in the country.Constitutional Convention. Key constitutional principles ‘Great Compromise’: - House of Representatives: o Apportioned according to the number of inhabitants in each state - Senate o Each state has an equal vote

Three-fifths compromise - Every slave would counted as three-fifths of a person Constitution  

- Bicameralism (division of Congress into two chambers), Checks and balances, staggered terms of office indirect election - Seven articles of the Constitution

o Article 1 Congress – Legislative branch (wetgevende) Specific powers of the congress (section 8, article I) ‘enumerated powers’:  Collect axes, borrow money, regulate commerce, declare war, maintain army and navy  Necessary and proper/elastic clause: authority to pass al laws ‘necessary and proper’ to carry out the enumerated powers House of representatives  

 Two-years term  Elected directly by the people

   

   

l OMo ARc PSD| 39 411 44

Originate revenue bills Senate Six-years term, one third of the members re-elected after 2 years. Since 1913 direct elected Ratify treaties and approve presidential appointments

o Article 2 The President – Executive branch (uitvoerende) Power to recognize other countries, negotiate treaties (acceptance needed by the Senate), grant reprieves and pardons, veto congressional enactments Section 3: commander in chief, appointing senior government officer o Article 3 The SC – judicial branch (rechterlijk) Resolving conflicts between federal and state laws Defines jurisdiction Justices appointed for life o Article 4 National unity and power 

 Full faith and credit clause: states must honor laws and judicial proceedings of other states

 

 Mechanisms for admitting new states to the union  Supreme clause: national laws and treaties “shall be the supreme Law of the

Land” o Article 5 Amending the Constitution How amendments can be added to the constitution. Not to flexible, not to inflexible Reason why this constitution has survived for more then two centuries. o Article 7 Ratifying the constitution Specifies the procedures for ratification of the constitution Methods of proposal of an ratification:  Two-thirds of votes in both house and Congress Methods of ratification:  By legislature in three-fourths of the states

The Fight for Ratification

Federalists

Antifederalists

Who were they?

Property owners, creditors, merchants

Small farmers, frontiersmen, debtors, shopkeepers

What did they believe?

Elites are best fit to govern and “excessive democracy” is dangerous.

Government should be close to the people and the concentration of power in the hands of the elites is dangerous

Strong national government; believed Retention of power by state governments What system of government did they in “filtration” so that only elites would and protection of individual rights. ‘True favor? obtain governmental power picture of the people’

Who were their leaders?

Alexander Hamilton, James Madison, George Washington

Downl oadedbyhai l e y r uedenr ueden( hai l e y r ueden9@gmai l . com) l OMo ARc PSD| 39 411 44

Differences between Federalists and Antifederalists

Patrick Henry, George Mason, Elbridge Gerry, George Clinton



- Representation o Federalists: Big government. The government doesn’t have to be a reflection of the society, some autonomy would be better o Antifederalists Small government, all states remain mostly independent. Government is reflection of the people.



- The threat of tyranny (oppressive government that employs the cruel and unjust use of power and authority)

o Both federalists and antifederalists were afraid of tyranny, but both with a different view: Federalists:  Afraid of ‘majority tyranny’ Antifederalists:  Afraid of aristocratic behavior of the Gvrnmt - Governmental power (how to place limits on governmental power) o Antifederalists  

 Wanted as less possible power to the national government  Wanted the Bill of Rights added to the constitution. This should limit the power of the government o Federalists

 

 Wanted the power of the national government as big as possible.  Feared that the Bill of rights would weaken the federal government Federalism over time

- Dual federalism 1789-1930 o Governmental power shared between the federal and state governments, with states exercising the most important powers. Exceptions: McCulloch vs. Maryland (1819) and Gibbons vs. Ogden (1824) where SC cases resolved in the favor of the national gvrnmt - Cooperative federalism 1930-70s o The national government uses various grants to encourage states and localities to pursue nationally defined 

- Regulated federalism 1970-: o The national government sets conditions that states and localities must meet in

order to keep certain grants and sets standards in areas without providing funds to pay for them. 

- New federalism 1970-:

o The national government attempts to return more power to the states through blocks grants to the states. Amendments l OMo ARc PSD| 39 411 44

Article V provided the possibility of amendments in the constitution. Four methods of amendment are provided for article V: 1. Passage in House and Senate by two-thirds vote; then ratification by majority vote of the legislatures of three-fourths of the states (38). 2. Passage in House and Senate by two-thirds vote; then ratification by conventions called for that purpose in three-fourths of the states. 3. Passage in a national convention called by Congress in response to petitions by two-thirds (34) of the states; ratification by majority vote of the legislatures of three-fourths of states. 4. Passage in national convention, as in method 3; then ratification by conventions called for that purpose in three-fourths of the states. Civil liberties and rights  

- Granted in the Bill of Right; first ten amendments of the constitution - Are states bound by the bill of rights? o 14th amendment: ‘No state shall... deprive any person of life, liberty, or property, without due process of law.’



- Doctrine of selective incorporation:

o Most of but not all of the protections in the bill of right apply to the states as well through 14th amendment - Debate continues... Bill of rights (27 amendments): - First ten amendments: o Give boundaries to the three branches - Amendments XIV, XV, XIX, XXIII, XXIV, XXVI: o Expanding the electorate (women, all classes, age 18, all races)

- Amendments XII, XIV, XVII,XX XXII, XXV o Change in relationship between the elected offices and the electorate - Amendments XI, XIII, XIV, XVI, XXVII o Expand or limit the power of the government Miranda vs. Arizona (1966):   

- Mental patient Miranda admits rape - Violation of 5th amendment protection of criminal suspects? - SC rules that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present



- “I plead the fifth!” Lawrence vs. Texas (2003) o o o o

-

1998: Lawrence convicted of violating the Texas Homosexual Conduct Law Violation of right to privacy? 2003: SC deems anti-sodomy laws unconstitutional as violation of privacy rights Landmark ruling for gay rights in the US

The presidency as an institution l OMo ARc PSD| 39 411 44

Focus on the development of the institutional character of the President. President:    

-

Natural born citizen 35+ Resident for 14 years Article II: “the executive Power shall be vested in a President of the United States of America.

This article limits the authority of the presidential government     

-

4 years w/ reelection VP: replacement, presides over the Senate, casts tie-breaking vote Impeachment: in case of significant abuse of power “Presidential” amendments: 12th (1804), 20th (1933), 22nd (1951), 25th (1967) Expressed powers:

o Specific powers granted to the president under Article II, sections 2 and 3 of the constitution:   

 Military: commander-in-chief  Judicial: grant reprieves, pardons and amnesties  Diplomatic: enter treaties (with Senate approval, executive agreements need

no approval), recognize other countries  

 Executive: ‘shall take care that the laws be faithfully executed’  Legislative: state of the Union-speech, veto powers (inlc. Pocket-veto)

- Delegated powers: o Powers given to the President by the Congress - Inherent powers: o Not specified powers by the Constitution or by the Law Strategies of expanding presidential power: - Party leadership o Working with congressional leaders, midterm election campaigning, bipartishanship o Obstacles: policy disagreement, lack of relationship with party - Opinion leadership o Mobilizing public, PR, information control - Administrative tools o Appointments, regulatory review The presidential establishment     

-

Vice-president: has as much power as the president will give him The Cabinet: Executes laws and advises him The First Lady: Confidante/adviser, White House hostess The Executive Office of the President: helps president lead executive branch bureaucracy The White House staff: political analysts/advisers to the president, led by the Chief of Staff

Congress l OMo ARc PSD| 39 411 44

- House of Representatives (tightly organized) o Speaker of the house: leader of the chamber, member of the majority party o Today: 247 Republicans, 186 Democrats, 2 vacancies, total 435 o Committee on rules: Reviews bills after they come from a committee (see: senate) and before they go to the full chamber for consideration - Senate (loose organized) o Senate pro tempore: the official Senate leader, usually the most senior member of the majority party. The majority leader is the de facto leader o Today: 54 republicans, 44 democrats, 2 independents o Multiple committees: 

 Standing committee: legislation

 

 Joint committee: investigations or special studies  Conference committee: reconcile differences between bills passed by each chamber



 Select committee: appointed for specific purpose Power of congress (3)

- Law-making function o Committee referral: consideration of a bill by the appropriate committee o Floor debate: consideration of a bill by the full chamber. o Final approval: consideration by a conference committee and presidential signature or veto - Budgetary function o First 130 years, budgets were piecemeal and not policy-focused o Budget and accounting Act of 1921: required the president to submit a budget to Congress o Congressional Budget Act of 1974: established the congressional budget process currently in use, whereby Congress develops, coordinates, and enforces its own budgetary priorities independently of the president - Oversight function (supervision of the executive branch through) o Committee hearings: Questioning administration members about law interpretation and implementation o War Powers Act of 1973: Requires the president to consult with and report to congress before deploying troops abroad. Presidents have mostly ignored the act o Congressional review: Congress can nullify agency regulations by joint resolution of legislative disapproval. Rarely used o Confirmation of presidential appointments: “...with the advice and consent of the state...” o Impeachment Presidents in political times l OMo ARc PSD| 39 411 44

A model for explaining presidential leadership that focuses on political context rather than individual presidents’ personal skills and characteristics

     

-

Federalist nationalism, 1789-1800 (Washington-Adams) Jeffersonian democracy, 1800-1828 (Jefferson-Q. Adams) Jacksonian democracy, 1828-1860 (Jackson-Buchanan) Republican nationalism, 1860-1932 (Lincoln-Hoover) New Deal liberalism, 1932-1980 (F. Roosevelt-Carter) Republican conservatism, 1980- (Reagan-)

Presidents who can reject an old order and establish a new are most powerful (political authority: having a strong mandate)

Incumbent's Political Identity

Affiliated

Regime Commitments

Opposed

Vulnerabl Politics of disjunction Politics of reconstruction e

Resilient

Politics of articulation Politics of preemption

- Politics of disjunction (gescheidenheid): o The era of a president who fight for the old regime’s survival - Politics of reconstruction: o The era of a president who rejects an old regime and establishes a new - Politics of articulation (duidelijke uitspraak): o The era of a president who affirms a new regime - Politics of preemption: o The era of a president who seeks a ‘third way’: neither rejects the old regime nor affirms a new Obama, reconstructive? Yes: repudiated (verstoten) the old order, evoked (oproepen)...