PLSC 250 Texts Final

Allen - Why I love the constitution Main ideas

• Constitution is morally flawed document

  • 3/5 compromise

• But it is practical genius

  • structure of government that splits/separates powers

  • checks power because ambition of individuals in one branch makes them want to maintain/increase the power of their branch (in order to increase their own power). Thus each branches ambition pushes against the other, balancing out

• Constitution is ammendable

Allen - main analysis of importance

Important to American political system because it guides us to maintain/conserve the structures of our government that work well, but also calls us to use our power to improve it as we are called to

Anti Federalist #1

Main ideas:

• Size…one big republic or many small?

  • USA is too damn big for federal gov (representatives) to accurately reflect the ppl while not being to large to not be able to preform business.

• Confederation or federation?

  • Constitution gives way to much power to federal gov

    • necessary and proper clause; supremacy clause; taxation

  • because it is human nature to increase power, federal gov will inevitably get rid of state gov bc state gov will be hinderance to their power

Anti-federalist 1 size worry importance analysis

this idea of USA being to big is important because now Congress’s size has halted to preserve the ability to the legislature to get anything done, but the USA pop has only grown. This means each congressperson represents far more people than they once did, which makes it harder for them to act in the common good because there are disagreements between their constituents about what is in the common good

Anti-federalist #1 supremacy clause importance analysis

this passage is important in American politics because it points out the large shift in power that came when we became a federation. Feds were now able to make laws that overruled state power, giving them much more authority in comparison to in the Articles of Confed. in which individual states held authority and power

Federalist #10

FACTIONS:

• cant prevent without destroying liberty, so must manage effects

• Republic > Democracy

  • wishes of ppl are filtered through representatives, preventing extremism and such

  • still chance for corruption

• Large Republic > Small

  • more people per rep means more people that rep will have to convince (harder to manipulate and be corrupt)

  • Greater chance of fit choice to lead

Federalist #10 Importance Analysis Republic > Democracy

This is important to the development of American government because it explains why the founders chose to create a democratic republic, not a direct democracy. The ideals of a republic (representation) are central to the way we vote and how much influence the people have in government

Federalist #10 Importance Analysis Large > Small republic

This is important for American politics because as we have seen, the USA has grown a lot since the ratification of the constitution. More representatives per person has now lead to a bigger distance between the ppl and government influence, and corruption still seems quite prominent. Perhaps Madison’s ideas were wrong

Federalist 51 main idea — Separation of powers/Compound Republic

double security

• federalist system provides separation between state and fed powers

• 3 branches of federal gov provide separation of powers in feds

  • ambition to counteract ambition

  • structure of gov is such that the self-interest of gov officials will lead to a balancing effect (more power means ur branch gotta have more power, all branches pushing against each other)

Federalist 51 main idea - Protection of minority rights/factions

In a republic with so many ppl/branches/separations there will be lots of conflicting interests. This will make it unlikely for a majority to form unless in pursuit of a policy that actually is just and in the common good.

Federalist 51 analysis of importance

separation of powers was put in place to ensure that government controls itself. IE: the self-interest of government officials can be dangerous and the set up of our government works to prevent this danger by making it so the ambition (seeking of power) by individuals requires them seeking power for their branch. All branches and ambitions then push against each other and balance out

Racial Authoritarianism Main Ideas

Contemporary political science/theorists overlook the existence of racial Authoritarianism in US democracy, or not analyze it in connection with US democracy

• racial Authoritarianism increases after periods of democratic expansion

• There needs to be US democracy political theory that focuses on connection and existence of racial Authoritarianism

Marybury V Madison Main idea

Established Judicial Reivew

Marbury V Madison Analysis of Importance

Important because it expanded the power of the judicial branch. Ability to interpret and rule based on Const., which is highest and most respected law of the land, is powerful because it allows Judicial branch to overturn actions of other branches and laws passed by congress (ie: constitution > laws passed by congress).

Grutter V Bollinger Main Idea

SCOTUS decided that including race as a factor in university of U of M law school is constitutional, as long as no rigid quota and students are still evaluated based on individual merits. Some attention to numbers, without more, does not constitute a rigid quota.

Analysis of Importance

Important bc of immediate impacts and precedent setting

Immediate impact = law school could continue it admission practices

Precedent: while rigid quotas are unconstitutional, flexible goals to achieve diversity are not quotas and are constitutional as long as there is a compelling government interest. In this case there was, achieving more diversity amongst lawyers, particularly in Michigan. This set precedent that future SCOTUS cases refered to, until they overturned this and banned race conscious admissions

Hollow Hope Main Idea

Constrained court view understates judicial significance in bringing about substancial social reform; dynamic court view overstates it

• Courts are limited by

  • limited language in constitutional about rights

  • lack of judicial independence

  • Lack of implementation powers

• But can achieve substantial social reform when following conditions are met

  • ample legal precedent

  • support in Congress or Exec for change

  • Broad public support / or lack of broad public oppositon

Hollow Hope analysis of importance

This is important because it helps us evaluate in what political/historical moment using courts might be the most effective/efficient avenue for enacting social change. Those interested in achieving certain social reforms can figure out which route to take (venue shop) and see if the courts might be a good option or not (are conditions met or not)