Test 1 POLS 1101: American Government Kennesaw State University

Theory of Democratic Government (Winston Churchill Picture)

"...democracy is the worst form of government except all those other forms"

"The strongest argument against democracy is a five minute discussion with the average voter."

The Final Product

4 principles:
Republicanism: power resides in the people and is exercised by their elected representatives
Federalism: division of power between a central and regional governments
Separation of Powers: assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government
Check & Balances: each branch of government has some control over the other branches

Judicial Branch

Government department that interprets laws Article III

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Tenth amendment when needed

Block Grants

A form of fiscal federalism where federal aid is given to the states with few strings attached.

Policy Entrepreneurs

Advocating Policy

Globalization

The increasing interdependence
of citizens and nations across
the world.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

Government

Leads to both Globalization & Sovereignt

Purpose Of Government - Thomas Hobbes

Thomas Hobbes "Leviathan" (1651)
In the state of nature... "the life of man, solitary, poor, nasty, brutish, and short."
Preservation of life

Achieved through:

Maintaining order

The purpose of government - John Locke

"Two Treatises on Government" (1690)
Purpose of government: protect life, liberty, and property.
Natural Rights
Liberalism

The purpose of government - Private Goods

Cooperators contribute to the public good....and free-riders benefit from the public goods

The purpose of government - Promoting Equality

To promote equality, i.e. wipe out racism, women-ism, and so-forth

Institutional Models: Elite Theory

A small group of people actually makes most of the important government decisions.
This would make the US an oligarchy.


A theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organ

Articles of Confederation - Weakness

No federal power to tax
No executive (no leader)
No interstate & foreign commerce regulation
Any changes to the A of C required unanimous consent of all state legislatures
No judiciary
No federal military

Legislative Branch

(Congress) citizens elect legislators to the Senate and House of Representatives. It establishes laws - Article I

Article IV

Full Faith and Credit

Article VII

Ratification

Bill of Rights

1791, a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)

The Evaluation of the Constitution

The Constitution represents a pluralist model of democracy.
The Constitution aims to balance order and freedom.
What do you think?
If you could add one amendment to the Constitution, what would it be?

Federalism Theories & Metaphors

Federalism: the division of power between a central government and regional governments
Dual Federalism: the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiated.
National government = enumerated powers ONLY
National government = limited constitutional purposes
State & nat'l government = sovereign in own sphere
Relationship is tension rather than cooperation
"Layer-Cake Federalism"
Federalism: the division of power between a central government and regional governments
Dual Federalism: the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiated.
National government = enumerated powers ONLY
National government = limited constitutional purposes
State & nat'l government = sovereign in own sphere
Relationship is tension rather than cooperation
"Layer-Cake Federalism"

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Tenth amendment focus

Categorical grant

Federal grants that can be used only for specific purposes or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions. Compare to block grants.

Professionalization of State Government

Professionalization of State Government
Governors and state legislators employ more capably trained and experienced policy staff.
Legislatures meet more days of the year and have a higher salary
Higher qualified people have been running for office
Increased ability for state to tax give states greater leverage in designing and directing poverty

Special Districts

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The purpose of government - Karl Marx "Capital"

Karl Marx "Capital" & "The Communist Manifesto"
Ownership by all, benefits for all.
Textbook "The production and distribution of goods are controlled by an authoritarian government"

Analyzing Government

Identifying values pursued by government:
Freedom
Order
Equality
Models of democratic government:
Majoritarian
Pluralist

pluralist

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies.

Government by competing interest groups
People unite into coalitions which represent their interest
Major mechanisms: interest groups & decentralized government
Organized groups

Majoritarian

A political theory holding that in a democracy, the government ought to do what the majority of the people want.

Government by the majority of people
Citizens can control their government through participation
Participation requires being informed
Mass electorate

Four Freedoms

Declared by President FDR; 1. Freedom of speech and expression; 2. Freedom of every person to worship in his own way; 3. Freedom from want; 4. Freedom from fear

Order

A state of peace and security. Maintaining order by protecting members of society from violence and criminal activity is the oldest purpose of government.

Equality

As a political value, the idea that all people are of equal worth.

Dilemmas of Government

Freedom vs. Order - original dilemma of gov't
Freedom vs. Equality- Modern dilemma of gov't

Ideology & Scope of Government

Totalitarianism, Anarchism, Libertarianism -> Laissez Faire, Capitalism, Socialism -> Democratic Socialism

Theory of Democratic Government

Democracy: 5th Century BC; Greek demos (common people) & kratos (power)
Who has the power?

Procedural View

Democracy is a form of government
Focus: how decisions are made
"A view of democracy as being embodied in a decision-making process that involves universal participation, political equality, majority rule, and responsiveness."

Who should participate in decision making?
Universal Participation
How much should each participant's vote count?
Political Equality
How many votes are needed to reach a decision?
Majority Rule (or plurality)

Principles of procedural view

defines democracy in terms of democratic procedures: mass participation in competitive elections - winner receives mandate to rule

Substantive View

Democracy is the substance of government policies
Focus: what the government does
"The view that democracy is embodied in the substance of government policies rather than in the policymaking procedure."

define democracy in terms of purpose and the result of gov't: gov't serves the interest of the people; people are better off

Who Rules? PLuralist

Minority

Who Rules? Majoritarian

Majority

Who Rules? Elites

Small Minority

The Revolutionary Roots of the Constitution

Getting to a Revolution
Sons of Liberty (Samuel Adams; Benedict Arnold; John Hancock; Patrick Henry; etc)
1765: The Stamp Act
1770: The Boston Massacre
1773: The Tea Act & Boston Tea Party
1774: Intolerable Acts (Boston Port Act; Administration of Justice Act; MA Government Act; Quartering Act; Quebec Act)
1774: First Continental Congress (no GA)
1775: Battles of Lexington & Concord
1776: Declaration of Independence

Declaration of Independence

The Second Continental Congress establishes a committee: Thomas Jefferson; John Adams; Benjamin Franklin; Roger Sherman; & Robert Livingston.
John Locke:
Social Contract
Theory

Declaration of Independence date

1776

Sons of Liberty

(Samuel Adams; Benedict Arnold; John Hancock; Patrick Henry; etc)

"The War"

April 19, 1775: Lexington
October 19, 1781: Cornwallis' surrender at Yorktown
6 ½ Years
1 in 5 colonists were Loyalists

From revolution to Condederation

No more monarchy republic! (a government without a monarch; a government rooted
in the consent of the governed, whose
power is exercised by elected
representatives responsible to the
governed.)
Defining a government:
Articles of Confederation
Adopted Nov. 15, 1777;
13 states approval Mar. 1, 1781

Articles of Confederation - The Basics

Bonded 13 sovereign states
Each state = 1 vote in Congress
Major issues require 9 votes

From Confederation to Constitution

May 1787: States (except RI) send delegates to a meeting to revise the Articles of Confederation

Virginia Plan

3 branches of government
Legislature = 2 houses (people/state legislatures)
Representation based on taxes paid in proportion to its free population
Executive and judicial could veto legislative acts
Federal law overrides state law

New Jersey Plan

Legislature = 1 chamber
Representation is equal among the states
No executive veto power
No judicial branch as such
Federal law overrides state law

The Great Compromise

A state's representation in the House of Representation would be based on population; Two senators for each state; all bills would originate in the house; direct taxes on states were to be assessed according to population

Includes 3 branches

The Executive Branch

Fears of monarchy, fear of the whims of public opinion; fear of domination by large states...
Compromise: the electoral college:
Each states' legislature would choose a number of electors equal to the number of its representatives in Congress
Each elector votes for two people (most votes becomes President, 2nd most votes becomes vice president)*
If no majority House chooses
4 year term, impeachment (House charges, Senate tries, needing a extraordinary majority)

Executive Branch

Carries out laws, can veto a law - Article II

Article V

2/3 of States must raify

Article VI

Supremacy Clause (Federal Law > state/local law)

The Great Compromise & Slavery

18% of the population were slaves
Article 1 Section 2: Representation based on "the whole number of free persons...[and] three fifths of all other persons."
1.9: The slave trade would not end for at least 20 years
4.2: All states agree to return captured fugitive slaves.

Selling the Constitution

Sept. 17, 1787: Constitution is submitted to state legislatures for ratification.
Federalists vs. Anti-Federalists
The Federalist Papers: 85 newspaper articles by "Publius" (Publius Valerius, Roman consul & defender of the republic).

The Federalist Papers

Creating public debate...
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." No. 51
No. 10: Protection from factions
No. 51: Separation of powers; checks and balances
Major concern by the public and states: no enumerated list of rights

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Federalism's Dynamics- Why the balance changes

Federalism is a flexible and dynamic system
Officials make decisions based on pragmatism not theory
Public problems cut across government boundaries

Federalism's Dynamics- What forces the changing dynamic of federalism?

National Crises & Demands, ex. Great Depression; 9/11

Judicial Interpretation

Clear and Present Danger Doctrine

McCulloch v. Maryland (National Bank)
"Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." John Marshall
Gibbons v. Ogden (Commerce Clause, Art. 1.8)
Scott v. Sandford (Dred Scott decision)
United States v. Lopez & Printz v. United States (guns)
Bush v. Gore

Grants-in-Aid

money given by the national government to the states

Formula Grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

Project Grant

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications

Preemption

the power of Congress to enact laws by which the national government assumes total or partial responsibility for a state government function (states can't tax the internet)

Mandate

a requirement that a state undertake an activity of provide a service, in keeping with minimum national standards (states must remove toxins from drinking water)

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Constitution = National and state governement

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US has 89,000 Local governements

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Municipal Governements

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County Governement

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School District

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Special Districts

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Home Rule: the right to enact and enforce legislation locally

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