POSC Midterm #1

The "fine-tuned liberal democracy" hypothesis

The "fine-tuned liberal democracy" hypothesis

As tribal primates, human beings are unsuited for life in large, diverse secular democracies, unless you get certain settings finely adjusted to make possible the development of a stable political life. In the universe there are things that must be true aka constants. As humans, we enjoy stability as it connects to our technological, social, economic, and religious means yet the things that have once been constant have become variable. This is important because the Founding Fathers like Madison and Jefferson did believe that designing the constitution could be like designing a giant clock that could run forever if they chose the rights springs and gears.

Socialism

The government owns the means of production in order to achieve a political goal of equality. Socialism includes those that generally believe in social ownership, strong government, free markets, and a reduction in economic inequality. Socialism is an economic and political system where the government owns the buildings and tools that make goods and services like farms and factories. Yet socialism goes wrong as everyone works for the government and there is no "private ownership" and therefore everything privately owned becomes government owned. Socialism is important because it produces an equality of distribution that is based on one's contribution to society. Socialism is important because it provides for a greater social welfare and decreases business fluctuations.

Democratic socialism

The government owns the means of production for equal distribution of wealth. The high levels of taxes over private ownership mean that the government is kept out of owning stuff but private means of ownership are taxed to make collective goods. This includes things like free access to higher education and universal health insurance. This is important because citizens have more say in their workplaces and the economy in general.

Capitalism

government does not own the means of production but they are instead owned by private non-governmental entities. Capitalism aims to redistribute wealth so that everyone is better off. Yet, it requires government intervention in the economy when it normally relates to the absence of government. So, to have capitalism you must have government and a strong, healthy, and proactive government action is desired. For example, it is only because the government protects us and punishes people if they take out our property that private property exists. Capitalism is important because it supports economic growth, economic freedom, and consumer choice while driving innovation, wealth, and prosperity.

Emergency Medical Treatment and Active Labor Act (EMTALA)

ensure public access to emergency services regardless of ability to pay

• heavy correlation to the free rider/collective action policy

Afforable Care Act

Also known as Obamacare this act was a law passed in 2010 to expand access to insurance, address cost reduction and affordability, improve the quality of healthcare, and introduce the Patient's Bill of Rights. It left privately owned but began to regulate health ownership companies as businesses were here for PROFIT. Under this act there was less expensive health insurance, no denials due to pre-existing conditions, children were insured until they turned 26, and the limits on benefits were completely banned. Yet the costs were not cut down for everyone, there was a loss of health insurance plans with some businesses or jobs/companies you work for, and there was a large tax increase if you were uninsured. This is important because it did reduce the cost and improve the quality of health care, just not for everyone.

Free rider/Collective action problem

The collective action (free rider) is a problem that emerges from the nature of collective goods (things that are costly to produce, people can't produce alone). The problem that collective goods pose is that rational goods wil not help pay cost to produce them because they can not be excluding for using them as they exist. Many things that are better enough can not be reproduced. This is important because gov't provides a way of solving collective action by providing incentives and punishments.

Collective goods

Benefits that are sought by groups that are broadly available and cannot be denied to nonmembers. Goods and services such as clean air and clean water that by their nature cannot be denied to anyone. Collective goods are important because they carry mass benefit for the people by being nonexcludable and nonrivalrous.

Selective incentives

selective incentives are private goods made available to people on the basis of whether they contribute to a collective good. Selective incentives can either reward participants (or contributors) or punish nonparticpants. Selective incentives are important because they focus attention on other factors than the group goal which affects people's desire to participate in social movements.

Principle-agent problem

representative: Principle = citizens and the agent = representative and the solution is elections. This comes up in representative democracy as voting to select people to serve in powers of positions means that we will vote on state level, House of Representatives, Senate, mayor, judges, etc. As such, anytime you delegate authority and carry out responsibilities, you often have this probem. Since we often choose to the delegate that authority to an agent such as owner of a resturarnat who hires a waiter, cook, host, etc. to do parts of what would be considered his overall job. But the problem is how we can make sure the agents are doing the job we want them to do and that we can trust in them to lead us to do well. The solution in a restaurant could be survey to customers or video cameras but in a real life setting the best solutions are through elections. The democratic solution or theory is to have free and fair elections. Also, those elected to positions such as mayor or president want to stay in them and be popular so they must carry out their position well. The principle-agent problem is important because it brings up the conflict and difference in interests and priorities that occurs when the "agent" takes actions on behalf of the "principal".

The problem of ignorance

Asking to know the state constitution not the federal constitution and the realization is that inside, people do not know. The ignorance and little understanding people have in terms of how politics and democracy truly work. For example, the basis structure of government. A 2006 Zogby poll found that only 42 percent of Americans can even name the three branches of the federal government. The problem of ignorance is important because a citizen can not be expected to have an opinion on a topic they do not know, yet in our society we have elections where individuals go to vote on topics they know nothing about.

Representative democracy

A system of government in which the populace selects representatives who play a significant role in governmental decision-making. According to this type of democracy, we do not select the law but we have people do it on our behalf. Basically, it is the idea that "you make the laws for us". Representative democracy is important because it allows individuals to have a voice through their representatives on issues they care about because it is expected that those representatives are more informed on issues and can make decisions that are best for the common good.

Direct democracy

A system of rule that permits citizens to vote directly on laws and policies. Under this democracy, people are ruling as they vote directly on the law. Under direct democracy, there is no danger that the laws will not show our preference because we vote on them directly. Direct democracy is important because constitutional law can not be altered by state legislatures and as such it gives people an automatic superiority over representative government.

Oligarchy

The "midway point" where a small group rules. This small group could consist of a family, the military, a class of people, or others. It is contemporary politics as defined in economic terms. It makes individuals ponder if we are becoming an oligarchy today with individuals such as Bill Gates and Besos. These individuals are seen to be extremely wealthy people holding power at a higher rate than others. A form of government in which a small group of people hold most or all political power. Oligarchy is important because it consolidates power to one dominant group that can focus on providing the day-to-day needs of a society while everyone else in the society can focus on their own personal goals.

Autocracy

A form of government in which a single individual such as a King, Queen, or Dictator rule. It is considered the rules of one and as such one person makes governmental decisions. It often equates with tyranny and totalitarianism. With autocracy, an individual can exercise TOTAL control or be LIMITED. Autocracy is important because it allows for quick decisions, has a clear chain of command, and is the most productive form of leadership.

Consitutional government

Defined by the written work known as the constitution and can not do certain things because they are spelled out in a document. It is limited by the agreed upon constitution that governs the government itself. Structure according to a written document called the constitution. In a constitutional government, the constitution is the supreme law of the land. Nothing can contradict it. The constitutional government is important because it follows the constitution in an effort to maintain individual liberty.

Authoritarian government

Is a form of government characterized by the rejection of political plurality, the use of strong central power to preserve the political status quo, and reductions in the rule of law, separation of powers, and democratic voting. Authoritarian governments are important because they strengthen government and preserve the existing social order.

Totalitarian government

Responsible for most modern day horrors as they accept no limitations on what they can and can not do and most never see totalitarian democracy in the wild. A government that takes total, centralized state control over every aspect of public and private life. Totalitarian government is important because through coercion and repression and not permitting individual freedom it attempts to direct all aspects of individual life.

Liberal democracy

The liberal has become silent and according to liberalism the institutional solution to the problem of governing over diversity. It is the idea of tolerance and that you do not need to agree with your fellow citizens about the most important things, but that only each individual should get to decide what those things are. Those opinions should form without interference from the state or anyone else. Capitalism and democracy go together even though not historically. These have driven politics and owning private property has created incentives. Also, liberal democracy is allied to democracy. The liberal theory is built around individuals and their rights even though identities are ever-evolving and changing. Liberal democracy is importance because it is a representative democracy with protection for individual liberty and property by the rule of law.

History of and current threats to liberal democracy (Fukuyama):

It arose in Europe and is best understood as a technology for avoiding political violence. It is effective at avoiding political violence but leaves us hallowed out as a country. The goal is productive disagreement because it is unlikely there will be common views. The requirements are popular sovereignt and a deliberate will where the majority rules, equality both in terms of opportunity and politically, and individual liberty. Liveral democracy is important under Fukuyama as he argues that history should be viewed as an evolutionary process and that the end of history means that liberal democracy is the final form of government for all nations.

Popular Sovereignty

the opportunity to participate in governmental decisions. Voting is not enough and as such the role of the people must follow. There is a connection between voting in elections and what government does. According to popular sovereignty, the government did what the people wanted and all questions became political ones. Popular sovereignty is important because it is a limit on the overall power of government as the power was derived directly from the people.

Political equality

Equal treatment. At the heart of liberalism comes the ideas of political equality in the sense that when it comes time to vote and elections, everyone has to have equal influence over the government. As such, where there is one person there is also one vote. Political equality is imporatnt because the quality of a society whose voluntary members are of equal standing in terms of political influence or power.

Declaration of Independence

A letter received by King George II, written by Thomas Jefferson. Benjamin Franklin, John Adams, Robert R. Livingston, ad Roger Sherman. It states a general statement of natural rights theory and the purpose of government. A list of grievances, and the declaration of independence. This is important because it established for the first time a new national based on unaliable rights, limited government, equality, and the righ tto alter or abolish oppressive government.

Articles of Confederation

Original constitution of the US 1781 adopted by the second contenitnal congress, replaced by the US constitution in 1789. Some of the weaknesses are that you can't raise taxes, can't build army (sates would have to provide for their troops), there is no national currency (makes trade hard since every states had their own money), you can;t make treaties, and could not regulate interstates commerce = tariff (tax on goods) wars. This is improatnt because it established the functions of the national government of the US after it declared independent from Great Britain.

Confederation

system of government where the federal government exists but holds no power over the states. Decisions are made by the hands of the people at the state level. This is significant because the federal governmen holds little power so local governments have more freedom. However, having freedom may lead to conflict bewteen the states and federal government. This is important because it offered the colonies strength through unity

Bicameral legislature

A type of legislative power that is split into two different houses. They vote on a situation and count as a single group. Consists of the House and the Senate. Each state is represented by 2 senators and the house is based on population, Senators are chosen by state legislatures for 6 year terms. Members of the house are elected by popular election. This is important because it provides for the checsk and balances and prevent the potential abuses of power.

Virginia Plan

Proposed representation based on population. It argues that bigger states should have more representation because more people live in those states. Drafted by James Madison. It was important because it set forth the idea of population-weighted representation in the proposed national legislature.

New Jersey Plan

Proposed equal representation via the senate. It argued that the bigger states would have more control over the government that the smaller states. Drafted by William Paterson. It is important because it protected the security and power of small states by limiting each state to one vote in congress as under the articles of confederation.

Great Compromise

Splits the legislative into a bicameral party to appease the Virginia and New Jersey plan. It consisted of the Senate (New Jersey Plan) and the house of representatives (Virginia plan). It is important because it settled matters of representation in the federal government.

Separation of powers

Splits the government into 3 different branches. They're split up into the Legislative branch (Congress), Executive branch (The President), and the judicial branch (supreme court). It is importnat because it prevented one branch of government from becoming too powerful and to create a system of checks and balances.

Checks and balances

Allows one branch to check on the power of another branch. If one branch has too much power, then the other 2 branches are allowed to balance out the power to keep the other branch from going rogue. It is important because it gave specific powers to each branch that made them in a sense equal so that no one would become too powerful.

Judicial review

Powers of the judicial branch. They're able to review the actions of the executive and legislative branch and, if necessary declare them invalid and unconstitutional. It is important because it ensures that each branch of government recognized the limits of its own power.

Three-Fifths Compromise

Three fifths of all other person. Formula: Adding to the whole number of free persons, including those bound to service for a term of years. Does not say slavery or asking permission. North wants south with massive slave nations - Should not get counted as people for voting but South all of a sudden says they treat them as people and want to count them. Slavery and anti-slavery apparent at the nation's founding. Declared slaves ⅗ of a vote so slave states could have more seats in the House of Representatives. It is important because it settles matters of representation when it came to the enslaved population of southern states and the importance of enslaved Africans.

Ambiguous wording in the Constitution

examples include the necessary and proper clause and the interstate commerce clause. This means that things are not immediately obvious what they mean. Overall, the Constitution is a relatively short document yet in every line there is something that makes you scratch your head. This is mostly because ambiguity is functional when you have disagreement. The "devil is in the details" so to say as you can always get everyone to agree to vague description. For example, with the necessary and proper clause and the enumerated powers that were listed, explicit, and clea, you had to display that what you wanted to do was noth necessary and proper. This gave the gederal government more people to do stuff but must just prove it. Vague wording in the constitution so the future generations can interpret the constitution in their own ways. It would've been impossible for the framers to predict what the future gov't would've looked like. It is improatn because its vagueness sets the constitution against law so that it is open to interpretation.

Enumerated powers

listed, explicit, clear
Specific powers granted to the fed gov't (specfically congress) by the Constitution so they don't became an overreaching entity. They are also called "expressed powers". The government has the powers to:
Lay and collect taxes
Regulate commerce
Borrow money
Coin money: regulate value
Declare war
Raise armies
This is important because the framers of the constitution wanted to ensure that the new federal gov't would not because an overreachign entity that might subject the people to the oppression they had just fled.

Necessary and proper clause

must display that what they want to do is both necessary and proper. Gave the federal government more people to do stuff but must just prove it.
If the gov't sees something is necessary and proper, then they are allowed to add a law concerning the topic. For example, you can create a federal bank so the gov't can coin and regulate cash flow throughout the nation.
It it important because it enables congress to pass special laws to require other departmnets of the government to prosecute particular claims.

Federalists

Supports federalism and wants a strong national government. Federalists are in favor of the US Constitution as it gives more power to the national government. They are important because they offer insight to the intentions of key individuals who debated the elements of the constitution.

Anti-Federalists

Does not support federalism and want power to the states. It is in favor of the articles of confederation because it gives the states more power. They are important because they are a powerful force in the origin of the bill of rights to protect americans' civil liberties.

Federalist papers

Series of 85 essays supporting the constitution written by alexander hamilton, james madison, and john jay. Alexander hamilton wrote 51, james madison wrote 29, john jay got sick after writing only 5. They are imrpoatnt because they urged the ratification of the us constiiton which had been been debated and drafted at the constitutional convention in philadelphia in 1787.

Federalist #10

argument for representative democracy and ratify constitution. It became a question of who you are voting for? You entrust people to make laws on our behalf. It is important because it demonstrated that the proposed government was not likely to be dominated by any faction.

Federalist #51

Separation of powers and checks and balances "If men were angels, gov't would not be necessary" - Left to our own devices, it would be a war against all. We give up our liberty in order to get something out of the bargain. So, we need government, but how can be control it? Solution - division of powers with federalism and separation of powers and checks and balances
Argument for fragmentation of power and checks and balances
Chekcs and blaances can be created in government and also advocated a separation of powers within the national government.
This is important because the checks and balances are a crucial part of the modern us system of government.

National Popular Vote Interstate Compact

Enacted by 16 states (195 EVs) but it was still shy of the number to implement it. It was a functional vote without changing the Constitution.
This is basically the direct popular vote that works around the Constitution's restrictions by being applied through each states' voluntary consent. Yet, the issue is a state can easily opt out of it when it no longe benefits them, making it useless in the end. It is improtant because it ensured that the candidate who received the most votes nationwide is elected president and would only come into effect when it would guarantee that outcome.

"Faithless electors"

Electors who do not vote for the candidate that is the most popular in the state/promised to vote for and instead votes to whomever they want, to their own wishes. They are important because they run the rist of facing political retaliation from their party for not voting or voting for who they agreed to.

Electoral Count Act of 1887

VP has to open votes and no authority to reject votes which raises the threshold. Members could reject Congress with the results as it seems as high stakes for voter fraud. One Senator files and= objection. It is important because it regulates the counting of the votes and the following questions about them.

Federalism

Mixed form of government combining general, federal, and central government with regional state governments. It combines these two governments into a single political system, dividing the powers between the two. Federalism is important because the division between the states and national government created a kind of compromise that ensure the states would continue to exercise a great deal of local control even while the new national government would take more and more responsibilities.
Represents the framers' efforts to divide governmental power.

Electoral College (how it works, consequences, alternatives)

538 decide the president but you really need 270 to win the presidencny. The number of votes that a state had is based on their population. A 51% vote is a 100% vote for a state with respect to Maine and Nebraska who add up all of the votes and the majority gets that one electoral vote for that district. Whoever gets the most district-wise gets the vote. Some of the consequences are that small states have more influence because presidents do not campaign in big states such as CA, TX, or NY. The winner does not have to have the most votes. This is because the votes are the electoral college are the only ones that matter. Last one is influence turnout because when people know that their individual vote doesn't really matter they don't vote. Some alternatives are a direct vote which is most obvious but least likely to happen bc it's the most democratic but would require a constitutional amendment. States would not have the same power. We could vote like Nebraska and Maine where districts votes and states split in half but this would not be winner takes it all. States will not do this because they do not want to give their vote to the other side. For example, CA has been democratic for so long that they would not want to sacrifice their 12 votes or whatever votes for the other side. This would be fairer for the people, but not good for the political self-interest of the state. The last alternative would be the national popular vote interstate compact. This would not change the constitution but it would made the states and agreement that they would choose their electors to vote for whoever has the popular vote.

Founding fathers (who they were, what they shared, what divided them)

Very wealthy, white men in the 1700s that assembled in Philadelphia in 1887 and lobbied for the constitution. Among them was George Washington, Thomas Jefferson, John Adams, Benjamin Franklin, Alexander Hamilton, John Jay and James Madison. Given the state of the country at the time the constitution was written, these individuals di not represent the people. They were all highly educate, ruch , connected to the business of commerce white men that beleived that anything and everything theyw rote was to benefit themselves. All were impacted by the same books such as consent of the governed by john locke and they did thought experiments. All likely to benefit from a national society. College-educated when practically no one received formal education. When all were literature but 90% of the rest of the world wasn't. Believed in unaliabel rights and power of the hands of the elite and power must be used to balance power. They had a lot of different ideas and were not a unaminomous group. They had different experiences and different perspectives of what the constitution could look like. Among them was Alexander Hamilton who was very different than the rest. "How does a bastard, orphan...grow up to be a hero and a scholar." They also had different ideas on how much power big vs small states should get over terms of representation and the question of slavery as the south did not want to agree to anything that agreed to slavery. Also the idea of how powerful a government should be with a strong central government or a state autonomy.

Constitutional amendments (processes, which succeed, which fail)

-The U.S. Constitution is famously difficult to amend: It takes a two-thirds vote in both the House and Senate, then ratification by three-quarters of the states. Although Congress can also call a convention to propose amendments upon application by two-thirds of the states, that threshold has never been reached and there are many unanswered questions about how such a convention might work in practice. Of the roughly 12,000 amendments proposed since the Constitutional Convention, only 33 have gone to the states for ratification, and just 27 have made it all the way into the Constitution.

-Amendments are not easy to pass, and several amendments have been proposed over time, but which failed to pass the second hurdle - acceptance by the states. This page lists the amendments to the Constitution which have not yet passed. Some, because of the language of the bill that passed the Congress, have no expiration date and are still pending ratification. Others have built-in expiration dates. The text details which of the amendments are expired. Aka slavery amendment, chilad labor amendment, and article 1 of the original bill of rights, and the anti-title amendment.

-Amendments that do pass have three categories that they traditionally follow. These categories include broadening the electorate (15th and 19th amendment granted black men and women the right to vote), extending civil liberties and civil rights, and more direct between voters and represenetatives (22nd amendment - president can not be elected to office more than twice). For example, the 13th and 14th amendment were added after the civil war and made sure that the gov’t could not do thing to an idinvdial anymore. This wa sthe cause especially for state governments. It also lead to the nation becoming more liberal.

Electoral Count Reform and Presidential Transition Improvement Act of 2022

revision of Electoral Account Act of 1887, adding procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election.

• revised for accuracy