POSC 418 Midterm exam

Max Weber – Types of Legitimate Authority Understand the three forms of authority and how they justify political power.
- Traditional Authority
  - 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
  - Based on the personal qualities or charisma of a leader.
  - Followers obey because they believe the leader is extraordinary.
  - Example: Revolutionary leaders.
- Legal-Rational Authority
  - Based on rules, laws, and formal institutions.
  - Authority comes from legal systems rather than individuals.
  - Example: Modern constitutional governments.

Philosophers Explain the Existence of Governments Understanding why governments exist and where political authority comes from.
- John Locke
  - State of Nature: A condition where humans live without government.
  - People have natural rights: life, liberty, property.
- Why People Form Government
  - Individuals create government to:
  - Protect natural rights.
  - Create impartial laws.
  - Resolve conflicts.
- Purpose of Government
  - Government exists primarily to protect natural rights.
  - If it fails, people have the right to revolt.
- Jean-Jacques Rousseau
  - General Will: The collective will of the people aimed at the common good.
  - 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.
- Montesquieu
  - Separation of Powers:
  - Government power must be divided into:
  1. Legislative
  2. Executive
  3. Judicial
  - Why?: Concentrated power leads to tyranny; dividing power creates checks and balances.

Federalist No. 10 – James Madison
- 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.
- Madison’s Solution:
  - Control the effects of factions through:
  - A large republic.
  - Representation.
  - Competing interests.
- Federalist No. 51 – Checks and Balances
  - Compound Republic: 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 argues courts must:
  - Interpret the Constitution.
  - Invalidate laws that contradict it.
  - Reason: The Constitution is the supreme law.

Judicial Review
- Key Case: Marbury v. Madison (1803)
  - What Happened: The Supreme Court ruled part of the Judiciary Act unconstitutional.
  - Importance: Chief Justice John Marshall established that the Court has the authority to interpret the Constitution and invalidate laws.
- 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.

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.

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.

Originalism
- Interpret the Constitution based on its original meaning at the time it was adopted.
  - Focus:
  - Historical understanding.
  - Framers’ intent.
Textualism
- Interpret the Constitution based on the plain meaning of the text itself, without relying heavily on historical intent.

Definition: 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).

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.

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.

Your professor expects you to:
1. Connect philosophers → constitutional principles.
2. Connect principles → Supreme Court cases.
3. Explain tensions in constitutional interpretation.
Example Essay Structure:
- Paragraph 1 — Thesis: Explain the debate over judicial power or constitutional philosophy.
- Paragraph 2 — Philosophical Foundations: Discuss thinkers like Locke, Madison, or Rousseau.
- Paragraph 3 — Constitutional Cases: Apply those ideas to cases (Marbury, Lochner, etc.).
- Paragraph 4 — Analysis: Explain tensions between democracy and judicial power.
- Paragraph 5 — Conclusion: Defend your own interpretation.