POSC 418 Midterm exam

Traditional Authority

Is a form of leadership based on custom and long standing traditions. People obey because “this is how things have always been done”

Example: Monarchy or hereditary rule

Charismatic Authority

A form of authority based on the personal qualities or charisma of a leader. Followers obey because they believe the leader is extraordinary.

Example: Revolutionary leaders (like Jesus, Napoleon, Mahatma Gandhi, Nelson Mandela, and cult leaders like Jim Jones)

Rational-Legal Authority

Authority based on rules, laws, and formal institutions. Authority comes from legal systems rather than individuals.

Example: modern constitutional governments, courts, police departments, and the management structure of corporations.

Social contract theory - State of Nature (John Locke)

• A condition where humans live without a government

• People have natural rights: life, liberty, property

Why People Form Government (John Locke)

Individuals create government to:

• protect natural rights

• create impartial laws

• resolve conflicts

Purpose of Government (John Locke)

Government exists primarily to protect natural rights.

If it fails, people have the right to revolt.

Social Contract Theory - Jean-Jacques Rousseau (General Will)

The collective will of the people aimed at the common good.

Social Contract Theory - Jean-Jacques Rousseau (Freedom Through Obedience)

Rousseau argues that obeying the general will is true freedom because:

• citizens are obeying laws they collectively create

• individuals become part of the sovereign body

Social Contract Theory - Montesquieu (Separation of Powers))

Government power must be divided into:

1. Legislative

2. Executive

3. Judicial

Why a Separation of Powers? (Montesquieu)

Because concentrated power leads to tyranny and dividing power creates checks and balances.

The Federalist Papers & American Constitutional Design (Federalist No. 10 – James Madison)

Defines Faction: A group of citizens united by interests that may harm others or the public good.

Why Causes Cannot be Removed

Removing faction would require:

• destroying liberty OR

• making everyone think the same

Both are impossible or undesirable.

Madisons Solution (Federalist No. 10 - Faction)

Control the effects of factions through:

• a large republic

• representation

• competing interests

Federalist No. 51 – Checks and Balances Compound Republic

(James Madison)

Power is divided:

1. Between branches (legislative, executive, judicial)

2. Between levels (federal and state governments)

This creates “double security” for liberty.

Federalist No. 78 – Judicial Review (Alexander Hamilton)

Alexander Hamilton argues courts must:

• interpret the Constitution

• invalidate laws that contradict it

Reason: the Constitution is the supreme law.

Core Constitutional Doctrines - Judicial Review (Key Case - Marbury v. Madison 1803)

What Happened

The Supreme Court ruled part of the Judiciary Act unconstitutional

Sovereign Immunity

Concept

States cannot be sued without their consent.

Key Case Chisholm v. Georgia (1793)

The Court allowed a citizen to sue a state.

Constitutional Response

The Eleventh Amendment reversed the ruling and protected states from such lawsuits.

Bills of Right & Incorporation - (original rule)

Barron v. Baltimore (1833)

The Bill of Rights only applied to the federal government, not the states.

Incorporation Doctrine

After the Civil War: The 14th Amendment’s Due Process Clause became the basis for applying many rights to the states.

This process is called Selective Incorporation.

Substantive Due Process

Key Case

Lochner v. New York (1905)

Issue:

New York limited the number of hours bakers could work

Court’s Reasoning:

The law violated the liberty of contract protected under the 14th Amendment.

Significance:

Example of the court using substantive due process to strike down economic regulation.

Constitutional Interpretation (Originalism)

Originalsim:

Interprets the Constitution based on its original meaning at the time it was adopted.

Focus:

• Historical understanding

• Framers’ Intent

Constitutional Interpretation (Textualism)

Interprets the constitution based on the plain meaning of the text itself, without relying heavily on historical intent.

Stare Decisis

The principle that courts should follow previous precedents

Exceptions:

The Court may overturn precedent if:

• The previous ruling is clearly wrong

• legal reasoning is flawed

• The rule is unworkable

Example Cases:

Dobbs v. Jackson Women’s Health Organization (2022)
Ramos v. Louisiana (2020)

Counter-Majoritarian Difficulty

Concept:

Judicial Review allows unelected judges to overturn laws passed by democratic majorities.

Democratic Concern:

Courts may override the will of the people/

Hamilton’s Defense

In Federalist No. 78, courts protect the Constitution and minority rights from majority abuse.

Second Amendment Test

Key Case

New York State Rifle & Pistol Association v. Bruen (2022)

The Court established a history-and-tradition test:

Gun regulations must be consistent with the historical tradition of firearm regulation in the United States.

Philosophical Tradition of the Declaration of Independence

The claim that governments derive power from “consent of the governed” comes from the social contract tradition, especially:

• John Locke

It emphasizes:

• natural rights

• popular sovereignty

• right to revolution