PLAP 1010 Exam 1 Study Guide PDF

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PLAP Exam Study Guide The Federalist Papers Federalist Papers – 1787 and 1789 Federalist Paper 10  The Constitution is suppose to mitigate the problem of factions by: o 1. Control effects o 2. Eliminate the causes  Faction: party within a party; a separate branch of an ideology; grouping of people with a particular ideal that is the same or interest; political party of interest group or anyone who has the interest to assert a minority of majority will upon the rest of society o Example of modern faction: Tea party or political parties in general; corporate interest groups (pharmaceutical); NRA, Environmentalists  Large v. Small Republic o Small  competing ideologies: the closeness of representatives to the people when there are more representatives they are closer to the people and more accountable to the people and represent the people better (many small republics, the states rights argument) o Larger  Madison’s opposing argument: mitigates the problems that the small republic has with factions; those in a large republic are less likely to be more susceptible to the majority or minority faction that want to take away from the people  Interests that would want to deprive others of their property would be filtered through the much larger, less proportionally represented body  Madison concerned with tyranny of the majority, it is hard for any one faction to overwhelm an other faction Federalist Paper 51  Separation of Powers: a way of dividing the power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution o Why do we separate the powers of government?  In order to make sure that no one branch of government has too much power over any other branch of government; checks and balances  A reaction to monarch and the unitary system of Britain at the time The Constitution Lecture 1: American Constitutional Development  Constitution arrived with great difficulty, well-suited for that day and time because the Framers could not see into the future  Means to reform the Constitution are inadequate because we do not know or care enough (uneducated)

Debate the Constitution  something we don’t do because there are too many flaws but we need to improve it in order to do better  1787 – Founders took 5 months to create the Constitution  Created a hybrid of government full of “rub-goldburg”/holes: o Limited electorate and tiny country with tons of interest groups and constituents o Diversity in country o Civil of unity for a country of vast expansion o Instrument of government o Language given life by every occurrence since 1787 o Everything animates the Constitution o Over view has changed about the Constitution and how it works because of historical events  Founders found a hybrid of democracy Electoral College o Evils of presentism: application of today’s values to past times  Representative democracy for small communities – pure democracy is impossible o Best educated and prepared should govern in the interest of the whole people  If the Constitution is everything, how can we define it?  Originalism: must stick to the original words of when it was written (conservative)  Living/Organic: Constitution has grown/changed that words written in 1787 do not mean the same thing so we have the right to interpret them today (liberal)  Sabato it was unwise to write the Constitution down because no one can see the future o Evolutionary process o British way – no written Constitution  In the 1780s it was important to write the Constitution down in order to protect our liberties because we didn’t trust the government and we still don’t trust them (Big is bad)  Written v. Unwritten Constitutions – purposes  We want specific limits of government power o Establishing and maintain balance of government and personal authorities/rights  Designing ways to adapt to an unknown future o Change easy = chaos in society o Can’t be too difficult because society can’t succeed century to century – society has to adjust  Tired and failed with Articles of Confederation Articles of Confederation  Parliament without power  States didn’t have to enforce if they didn’t want to  Congress had power of taxation 

Constitutional Convention  55 white male aristocrats  Defended their own interests  Debates  American political ideas that led to development of Constitution: o 1. Individuals have inalienable rights in the state of nature and superior to government o 2. Right of revolution – government is created to serve its people and when it fails to do so, people have the right to abolish, reforms, or alter o 3. Consent of the governed – need consent of the governed for the government to touch inalienable rights or change them  Happiness and safety (Newton)  Elected officials are suppose to act in our interest and be our servants  Led to principles Constitutional Principles 1. Republican form of government – titles and honors 2. Federalism – division of power 3. Separation of powers – balances of power 4. Rule of law Federalism: dividing powers into layers (Federal layer, state layer, local government)  Each layer acts on the same body of people  We have to abide by each law at each level of government  Fight among themselves to who is going to be “top dog”  Limit those with most ambition to succeed/have more power Separation of powers: at each layer of government there are different divisions at each level  Executive  Legislative  Judicial  “co-mingling” of power  Horizontal and vertical division of power in layers Constitutionalism: the rule of law and of representative institutions  President went too far in exercising their power (Ex: Nixon resigning)  Undergirds entire system  How have these principles worked?  We have had to make adaptions through amendments (27)  Bill of Rights (10)  17 amendments over 225 years  17th amendment was found because people had forgotten about it and started advertising it  Congress can’t raise their salaries without an election occurring  9,000 amendments proposed  Killed along the way because too complex  Need 38 states after majority in House and Congress o Ex. Equal Rights Amendments

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o Ex. DC voting rights Polarized Era  harder to pass things o 1. New interpretations (party system, cabinets) – not mentioned in Constitution o 2. Judicial interpretation

Federalism Federalism: sovereignty divided between state and federal governments Why do we have a federal system?  Articles of Confederation  Constitution of 1787  Sovereignty  states cannot be forced to do anything  Compromise between state and federal  Levels of government: o National o States o Local  Many layers of republics  Historically we have federalism Constitutional Factors  Within the Constitution are provisions that maintain federalism and its status quo o Protects states’ rights (Ex. 10th Amendment of the Bill of Rights) – status quo upheld o Changed or altered federalism (Ex. Supremacy Clause) that sets up a clear hierarchy  Sets the Federal government laws above the states’ laws o 17th Amendment moving from elected by state legislators to popular election o 16th Amendment income tax allowed federal government to directly tax states o Necessary and Proper Clause – National government has the power to carry out necessary and proper powers o Implied powers o Article I list of powers enumerated o Commerce clause changes federalism o Implied powers vs. enumerated powers o Commerce clause: power to regulate interstate commerce between the states  Used to justify Civil Rights Act of 1964  Argument = discrimination in public places is an impediment, so Congress has the right to regulate it  Constitutional provision that has effect the way federal and state governments interact Industrialization

Why would national government need to regulate corporations and not the state government? o Corporations are not bound by states  Culturally  are we still citizens of our state first and our country second? o Times of national emergency stems us to stay/think we are citizens of our country first Dual Federalism: neither the state nor the federal government have more power than the other, but have distinct powers within each of the governments. States are better at dealing with state/local issues because they are closer 

Cooperative federalism: era of reconstruction and progressivism. Real: New Deal and Great Depression. All these issues become national when we have national emergencies Progressive Federalism: Obama’s speeches; national governments can make state government do what they want (grants and bribes) – do it or we’ll take away funding for highways. Ex. Drinking age lower of 21, no highway funding and all states want highway funding so national drinking age is 21 Case studies: No Child Left Behind Act of 2001 Hurricane Katrina NCLB: strict standards and requirements and being penalized for not being able to meet the standards; standardized tests in English (problem: doesn’t take into account diversity of states)  national standard penalized English learners  Setting national standards helps equal states learning/application to colleges  National standards helps education systems that are really struggling  Goals: 100% proficient levels by 2014 (read)  Tension in education between locality, national standards, and schools Hurricane Katrina: disaster relief  FEMA organization that comes in if invited by governors (states)  National government coming in helps because they have more resources  State and local level can assess situation better and what’s necessary  State and local government should have more power during natural disasters (information)  Nationalize disaster relief Historical Progression  tug of war between DC and States  Sovereignty for states in Articles of Confederation  Less powerful but significant position of states under Constitution  John Marshall and Judicial Review  The Jackson Presidency  Civil War and State devastation – state low point  State leadership and the Progressive era –state high point  FDR’s New Deal and the Decline of States

1960’s through 1990’s state gain on Feds (LBJ’s lack of community control, Vietnam, Watergate, Reaganism, Clinton: “Era of big Government Over,” Prosperity at State level v. Massive budget deficits at Federal level)  9/11 – national security issues and recession shift power back to Feds  2000-present: effect of great recession hurt both Feds and States but most states severely Federalism: power divided in levels of government and affects each citizen body  Personal liberty v. Government authority  Implied powers v. Enumerated powers  Supreme law of the land  Direct Supremacy clause: constitutional federal law should take action over any Constitution state law  Implied powers taken seriously  Federal government became more powerful over time  Watergate completely destroyed domestic federalism Roller-coaster  Never know which form of government is going to be more powerful/successful Current Federal Tensions  Mandates and money  Sagebrush rebellions in the West  Frostbelt v. Sunbelt  Dueling deficits (Federal bailout or state bankruptcy?)  Length and depth of Great Depression – and future economic problems, debt 

Sagebrush rebellion in West  30-70% of land owned by Federal government  Can’t function and raise revenue  Own airspace  Many complications Why states will endure  Laboratories of Democracy  Constitutionally sanctioned  Popular preferences Congress and its Powers Discussion 5: Congress: Senate and the House # Term Leadership Senate 100 6 –

House

435

2

Speaker

Special powers Treaties, appointments (Impeachment in the middle) Appropriations

House members constantly running for re-election Each Senate member represents larger constituency Small states have 1 House members and 2 Senators Senators have larger staffs  Employ many people Theories of Representation: 1. Trustee Model 2. Delegate Model Trustee: people you elect choose what’s best for the people, Senate  More people to represent  1. Example: Needs in Northern VA v. Southern Delegate: reflecting will of constituency; can be in greater contact with constituents because there are more members of House, can b chosen not to be re-elected No one is bound to either model, pick rationale based on what they do Speaker: controls rules committee, can kill a bill, represent the entire House, party leader trying to join both ends of spectrum  Can choose leader/chairman of all committees in the House  1. Example: John Boehner o Removed 3 or 4 Right-wing committee chairs o Kick leaders out  Seniority – informal rule 435 people debating rules  Dissatisfaction with compromise central leader of authority = speaker Rules for debate Senate  Essentially no rules  No time limit for how long to debate House  Controlled by speakership  Constrained Individual senators have power (frontline video)  No centralized leadership  Unlimited debate time Filibuster: can keep talking about until session ends (standing up and talking)  Mr. Smith Goes to Washington  Longest = 25 hours  Individual Senator standing up trying to stop a bill from passing  Power = threat of a filibuster they won’t bring bill forward  Session ends or other party gives up  40 senators = pass along Cloture rule: 60 Senators have to vote to end debate. Threshold over 40 Senators

Special powers Why would you want appropriations bills to start in the House? Appropriation legislation: $ actually being dispersed, usually composed of authorizing legislation throughout the year 1. CT small republic v. large republic a. People close to reps ruling  dangerous Why not in the Senate?  Senators represent more people than the House  Representation is not constant in the Senate  Small states are often over represented  Some Senators represent more people than other Senators  Those elected by the people (House) get to decide what goes in the appropriations (domestic issues) Senate treaties and appointments  Serve national interest, foreign affairs Committees  Not in the Constitution  Started in 1806  Established to have counter power to Alexander Hamilton to prevent him from exercising his authorities Types of Committees:  Standing – annual  Joint – study issues  Conference – reconcile legislation  Special permissions – investigate 9/11, JFK Committees provide a filter for legislation with bills that have no chance  Counter balance power of executive  Specialize on a certain issue  Division of labor Caucuses  Not in the Constitution  Group of people with a common interest Types of Caucuses:  Party caucus- Republican and Democrat o Blue Dog Democrats o Conservative o Tea Party  Interest caucuses: o Agricultural o Farm  Bike caucus (make no sense) o Wonder why they even exist—random caucuses How a Bill becomes a Law 1. Introduction to the floor 2. Refer to appropriate committee

3. Subcommittees 4. Back to Committee 5. Rules committee 6. Back to floor 7. Other chamber appropriate committee 8. Conference committee 9. Back to floor of each chamber 10. President 11. Veto override Steps: Can it be killed? 1. Floor  bill can die: speaker 2. Committee  can die: committee chair 3. Subcommitteecan die: chair/member 4. Committee can die: not likely 5. Rules committee can die: order in which bills are debated, delay it so never comes up for debate; set time for debate and relevant bills order of bills 6. Floor can die: voted down 7. Other chamber re-do all steps 1-6 8. Conference committeecan die: never resolve it 9. Floor can die: voted down 10. Presidentcan die: veto 11. Veto override can die: veto bill It has gotten much harder over time requires an enormous amount of compromise Favorable or Unfavorable view of Congress and their Congressmen  Favorable Congressmen  Unfavorable Congress  Our expectations are too high  Don’t like the system of Congress Gerrymandering Partisanship Gridlock Congress  Legislature ruled by majority rule  Visualize conceptual problems: partisanship and polarization Collective Action Problems  Analogy: planning a party o All individuals at event benefit o Someone has to plan and organize, costs  Applies to legislature o Costs: value, lose re-election, criticism o Most valuable to Congressmen: constituents (motivated by time) o Cost: research what has to be written based on idea that everyone gets equal credit regardless of time

Cycling Problem Liberal ---A---1x--B-------2----C------ Conservative Congress = A, B, C  Cycling of policies  Produces incoherence Liberals ---A---1B---2D---3E---C--- Conservative  Simple majority for more than one policy  None preferred  Idea: not all are coherent  No coherent policy is actually produced Informational Problem ----FTC----x?---_A---B---C--Federal Trade Commission=bureaucracy  Bureaucracy proposes policy  If legislature doesn’t know the location of the legislation no able to determine whether to pass it or not  No information = coherent decisions not made o Bureaucracy gets what it wants  FTC can disguise policy location o Example: Don’t know about Farm bill Solutions 1. Committees  Informational problem allow for people to specialize o All our division of labor  Collective Action problems if legislature is on relevant committee can claim they were involved and responsible o Accountability o Won’t be penalized for not specializing o Claim credit when bills are passed  Cycling problemother alternatives will come about o Funneling system 2. Parties  Collective action  over come by individuals working together to solve party issues for party name  Informational elect speaker of House to control committees and address problems  Cyclingagree on certain legislature Partisanship ----D---R---D---D---R---RX---D---R---R---D---R--D In D next to legislation’s best interest to vote Polarization -----I-I-I-D-I-I-I------------I-I-I-R-I-I-I----

Facilitates gridlock  Policy in middle, won’t compromise No majority  A result of our party system—two-party system What is driving polarization?  Cold War (example) – historical event  Rise of extremist on party sides  Gerrymandering  Conventions v. Primaries o Primaries=extremist come out to them Negative ads can’t have a moderate commercial NOW: harder to get out of the current state because TV commercials facilitate polarization Prior to 90s Democrats primarily controlled Congress 1994 Newt Gingrich took over and Republicans took control  Prior to 90s—Republicans had to compromise  1994 Newt Gingrich taught parties to wait for next election and only vote for policies closet to your views Driving gridlock  McCain mentioned in 2008  Pork-barrel spending  $ in a bill that has nothing to do with the bill  Earmarks are forbidden  Porkneed to buy the vote o Without pork may not get the votes necessary to pass your legislation o Ex: $ for roof of Smithsonian Two party system Parliamentary v. Congressional  Electoral College  Winner Take All  Why only two parties? o Federalist v. Anti-Federalist o Papers, Anti-Feds don’t actually agree with each other, they just all disagree with the Feds  Federalists were united o Anti-Federalists weren’t unified o Third party takes away votes from other parties Lecture 9: Congress Congress: the first branch…that has become #2 Problems with Congress  Never popular in our history  Disorganized, decentralized, diverse: like the nation  Becomes popular during times of stress, pressure, and tragedy  Inefficient (Founders’ intention)  Unable to match up to the dynamic Presidency

 No national senators or representatives/parochial by nature  Defined by its worst members, not it’s best members (news media) Efficient branch of government=Presidency Founders wanted Congress to slow executive down “All television cables lead to the White House”-Sabato Job deals with constituent services What is news? Legislative Representation  Chosen in free and open electionsYES  Faithful mirror of people in characteristicsNo, but better  Women: 101 (20 Senate, 81 House) = 18.9% v. 24.2% in state legislatur...