Intro to US Politics Exam #2

"Rethinking Representation"- Mainbridge

Two Types of Representation

Instructed Delegate

Trustee

Instructed Delegate

Someone that stands in for another group

Is informed by the people and acts on their behalf

Needs an informed, active citizenry

Trustee

Ruling on behalf of citizenry rather than based on their demands

Trying to convince you they are trustworthy

Don't have to fulfill promises just have to keep convincing

Representation

The link between the individual or public, the behavior of elected elites, and policy outcomes

"Testing Theories of American Politics: Elites, Interest Groups, & Average Citizens"- Gilens and Page

Policy outcomes reflect only the wants of elites

The lower and middle classes have the same chances of passing preferred legislation even if over 90% find it favorable

America acts as an oligarchy rather than a democracy

"The American Voter"- Campbell et. al.

A national study of the political attitudes and behaviors of the mass public

The best predictor of people's political behavior is party identification

"An Economic Theory of Democracy"- Downs

An individual's attitudes and behaviors can best be explained and predicted by knowing their self interests

People are Utility Maximizers

Utility Maximizer

People are rational and can identify "The Good Life" they desire and will act strategically to achieve that

Makes sense but not reality, based on a false assumption

Theories of Voting

Sociological Theory- Groups inform us how to vote

Economic Theory- Focus on the individual

The Rational (Non-)Voter- Downs

It is very unlikely for one's vote to be decisive and the potential benefits are uncertain while cost is high

It is irrational for one to vote because the costs outweigh the benefits

"The Calculus of Voting"- Riker and Ordershook

R=B(P)-C+D

The reward one receives from voting is based on the benefit one receives times the probability of it happening minus the costs

The reason people vote is mainly due to nonmaterial benefits

Material Benefits

Patronage, favorable policies, tax cuts

Nonmaterial Benefits

Prestige, Efficacy, or Performing Civic Duty

Institution

A set of rules, norms, procedures, or practices that constrain or incentivize members' behaviors

New Institutionalism

Institutions evolve over time and are not static

They operate within a broader environment and of the environment changes, so will the institution

Institutions are not empty vessels but are filled with political actors with unique political interests

Darwinism

House of Representatives

Large in Scale

Proportional Representation

Initiate Revenue Bills

Elections Every 2 Years

Floor Action is like a "bus line"

The Senate

Smaller in Size

Equal Representation

Appointment Hearings

Approval of Treaties

Elections every 6 Years

Floor action is like a "Carpool"

"The Evolution of the U.S. Senate"- Sinclair

1950s- An old, white, probably Southern Democrat man working in committees behind closed doors

1970s- Policy entrepreneur aggressively pursuing what he wants/New generation of Senators with new norms/More Partisan

1990s-Today- A partisan warrior acting as a member of a party against another party/No individuals anymore

"Home Style: House Members in their District"- Fenno

Examines elite behavior back home in the district

Members in the House are in a perpetual state of campaigning

Each representative develops a "home style" in which they address their constituency

Home Style

How a representative chooses to portray themselves and interact with their constituency

Presentation of self, allocation of resources, explanation of actions taken in Washington D.C.

"The Electoral Connection"-Mayhew

Examines elite behavior in Washington D.C.

Explains actions of Congressman by individual political motives

Advertising, Credit Claiming, Position Taking

Advertising

A Congressman must make one's name, experience, and accomplishments known to their constituency

Must create and maintain a brand

Predicted Behavior= A candidate will spend a bulk of their time giving speeches, conducting media interviews, and selling marketing materials

Speaking a lot and saying nothing

Credit Claiming

Taking individual responsibility for benefits voters receive

Difficult for one person to claim individual credit

Particularized Benefits

Particularized Benefits

Benefits delivered to a particular individual, group, or geographic constituency and secured by an individual actor

Position Taking

Take a popular position on a topic that is favorable with public opinion

In a vote or public statement

Vague and positive by design

"For a Strong America"

Incumbency Advantage

High percentage of congressman running for reelection win

Powers of the President

Expressed Powers- Veto Legislation, Make Appointments, Make Treaties

Implied Powers- "Commander in Chief of Army and Navy", "Chief Executive"

Informal Powers- Media Attention, Power of Persuasion, Unilateral Actions

"The Founders Great Mistake"-Epps

The problem of Presidential Power is because the Framers left the language of the Constitution broad and vague with Implied Powers

Presidents have been able to define these powers and in doing so have given themselves more power

"Power Without Persuasion: The Politics of Direct Presidential Action"-Howell

Unilateral Actions are what make the President so powerful

Act first and act alone

Executive Orders, Military Actions, and Executive Agreements

Executive Orders

Direct Legislation from the President that doesn't have to go through Congress

Orders the executive branch to do something

As Congress is gridlocked, the President steps in to fill the vacancy of legislation

Military Actions

Militarize Domestically

President sends troops and asks for permission later

Sending support to foreign nations at wat

Executive Agreements

Agreement between foreign countries

Basically a treaty without Congress

Proclamation

The President makes a statement to people outside of government

"The Presidential Spectacle"-Miroff

Not just speeches but symbol laden events

Goal of spectacle is to shape popular opinion and mobilize enthusiasm

A theatrical performance that frames events into a symbolic battle of good vs evil

Targets emotions

Federalist Paper #78- Hamilton

Outlines the role, power, and selection of SCOTUS

Role of SCOTUS

SCOTUS can't legislate or force laws and can only render judgements

It must be an independent institution, can't do its job of it is tied to other branches

In place to protect rights and freedoms

Power of SCOTUS

"Least Dangerous" Branch

Can't fund decisions or enforce them

Poses neither a threat to other branches nor the liberty of the people

Mode of (S)Election of SCOTUS

Appointment

Life Term

Free from the constraints of public opinion

"The Logic of the Triad"- Shapiro

2 disputing parties seek a third party to resolve the conflict

Decision will result in winners and losers

If people don't trust it, it will erode

Parties in the suit abide by the decision because of the belief of impartiality

Dilemma 1- Impartiality of Justices

Because justices are chosen by political actors, it can be believed they will also act partially

The law doesn't impose much limits on decisions of judges

Everyone pursues their own self-interests

All are from Power Elite

Increasingly being asked to make political decisions

Dilemma 2- Law as Neutral and Objective

The law comes from political actors who are partial and trying to achieve their own self-interests

We've passed laws we've since determined were unfair

Judicial Review

Derives from Marbury v. Madison

The ability of the Supreme Court to review and reject laws that are a violation of the U.S. Constitution

The Case for a Relatively Weak SCOTUS

Judicial Review is Unconstitutional and Undemocratic

Judicial Review is Unconstitutional

The Court gave themselves the power of Judicial Review

Legislative Power is granted to Congress

Constitution authorizes Court to judge the law, not make or abolish it

Judicial Review is Undemocratic

Counter-Majoritarian

Life-long tenures and lack of elections eliminates representation

Justices are a small group of elites

Accountable only to the Constitution which is dated

The Case for a Relatively Strong SCOTUS- Breyer and Sunstein

Judicial Review is Constitutional and Democratic

Judicial Review is Constitutional

It was implied by the Framers because without Judicial Review the Supreme Court cannot hold the other branches in check

Judicial Review is Democratic

Appointed by democratically elected officials which is indirect representation

Democracy does not always mean majority will- Protecting minority rights

Laws passed by Congress or the President may not be democratic

Some institution has to become a policy maker if the other branches are unable or unwilling

"Decision-Making in a Democracy: The Supreme Court as a Policy-Maker"- Dahl

Empirical Question of "Does the Court protect minority rights"

Answer is they don't because they are apart of a broader political regime, lack the power of the sword and purse, and constrained by public opinion