Enlightenment Thoughts
Republicanism
Separation of powers/checks and balances
Limited government
Declaration of Independence: Declares the colonies independent from Great Britain, asserting self-governance.
Social Contract: Government exists by consent of governed.
Includes natural rights and popular sovereignty.
US Constitution: A blueprint for a republic form of government. Establishes the structure and function of the US government.
Forms of Democracy:
Participatory Democracy: As many people involved in the political process as possible.
Elite Democracy: As few people involved as possible.
Pluralist Democracy: People associated with interest groups influence public policy.
Brutus 1 vs. Federalist 10
Brutus 1: Supported participatory mode, could not support a larger republic, liked state power (articles).
Federalist 10: Liberty should be appealed to because no one group can be tyrannical.
Addresses the issue of factions and how to mitigate their effects.
Causes: free thought.
Solution: mitigate effects.
Anti-Federalists vs. Federalists
Federalists: Favored a strong central government, made Federalist Papers, and supported the Necessary and Proper Clause + Supremacy Clause.
Anti-Federalists: Stronger state government to avoid tyranny under a monarchy.
Articles of Confederation
Failed because the state government was too strong, and the central government was too weak.
Avoided the tyranny of a centralized state.
No executive, judicial branch, and Congress couldn't impose taxes.
Unanimous agreement to ratify amendments.
No power to impose taxes/raise an army.
Shay’s Rebellion: convinced people that the articles were weak and needed a federal army.
Constitutional Compromises
Constitution created/ratified through many compromises.
Bundle of compromises.
Great Compromise (Connecticut Compromise): How would people's voices be represented; the compromise was a bicameral legislature (House and Senate).
Electoral College: How is the president elected? (Elitist dem.) Each state is given electors equal to congressional representation (House).
Three-Fifths Compromise: How are enslaved people counted for representation? (3553 of the population).
Separation of Powers/Checks and Balances
Federalist 51: The solution in the document is that each branch of government must work independently but must have powers to check each other.
Legislative: Making laws
Executive Branch: Enforcing laws
Judicial Branch: Judges constitutionality of laws
Federalism
Sharing of power between state and national government.
Each government does not have ALL the power.
Defined in the Constitution by reserved, exclusive, and concurrent powers.
Reserved powers come from the 10th Amendment (hospitals, education, police forces).
Fiscal Federalism: Sharing of power through money (grants, mandates).
Mandates: Laws requiring states to follow federal directives (compliance is beyond state budget capacity, fed. Gov. gives money, Clean Care Act).
10th Amendment: Power is given to states (non-enumerated power).
14th Amendment: Applies the Bill of Rights to states.
Commerce Clause: Allows Congress to regulate commerce among states.
Necessary and Proper Clause: Congress can make any law that upholds enumerated power even if they are not directly in the Constitution.
McCulloch v. Maryland: Supremacy Clause (federal law over state law).
US v. Lopez: Congress overstepped with the Commerce Clause to control the Gun-Free School Zone Act.
Congress
Congress gets its power in Article I of the Constitution.
Power of the Purse: Control over federal money.
Foreign policy, military legislation.
Ability to declare war.
Determining the naturalization process.
Regulating interstate process.
Implied power.
Necessary and Proper Clause.
Bicameral Legislature
House of Representatives: 345 representatives (population-based)
Senators: 2 per state, 100 senators, represent the whole state.
Both houses needed to pass legislation
Leadership in the House
The House has a Speaker (highest-ranking, majority party, chosen by vote).
Majority, minority leaders (led debate, policy-making issues).
Whip (renders party discipline), parties in line of party goals.
Leadership in the Senate
President of the Senate (VP)
Present not as powerful (non-voting unless tie).
President Pro Tempore (when VP is away).
Senate Majority Leader (sets the legislative agenda, which bull reaches the floor to debate).
Whips: same thing.
Committee System
Standing Committee: Permanent (ex: budget (every year))
Joint Committees: Both house/senate members, library of congress.
Select Committee: Temporary, created for a specific purpose (ex: investigate scandals).
Conference Committee: If the House/Senate can't agree on an identical form of a bill to go to the floor, it goes to this committee.
As a bill is considered in these committees, it changes.
Hearings, Markup, Reporting Out for bill process.
The final stage is voting (goes to the president after it passes).
Logrolling in the voting process (if I vote on this bill, I'll give you a favor).
Budget process.
Mandatory spending (social security, mandated by the government).
Discretionary spending (money left over).
Efficiency of Congress
Political Polarization: Democrats become more liberal, and vice versa, which makes negotiation and compromise much more difficult.
How Representatives in Congress Think of Themselves
Trustee: Votes according to best judgment.
Delegate: Votes with the will of the people.
Politico: Mix of the two, whatever makes the most sense of each vote.
Redistricting: Every 10 years a census is done, congressional districts are redrawn by population.
Baker v. Carr: Didn’t redraw districts equally (less voters had more power) (one person, one vote principle).
Shaw v. Reno: Gerrymandering (drawing a district with an advantage to one party or group) (majority black districts were created).
Presidential Power
The President has no formal law-making power (only informal).
Article II (Formal Powers): Veto power, Congress can override veto with 2332 majority, Commander in Chief (Congress declares war).
Informal Powers: Bargaining/persuasion (bully pulpit), executive orders.
Checks and Balances (Checking President)
Presidential appointments (cabinet members): Senate has advice and consent to approve/deny appointments.
Federal court nominations: Senate can approve and deny.
Presidential power has grown significantly over time.
Federalist 70
Single executive, energy, required to be decisive.
Washington thought of himself as a servant to Congress.
Andrew Jackson believed he was a representative of the people (not Congress), used veto 12 times, Indian Removal Act (Congress objected but Jackson still did it).
Abraham Lincoln (assumed too much power to save the Union, Civil War).
Franklin D. Roosevelt: 635 vetoes; after his term, presidential power grew a lot.
Presidential appeal to the public.
Big advantage over other branches when getting things done (everybody knows him).
Media coverage: can speak to people directly as often as they want.
Judicial Branch
Judicial branch checks on other branches.
Federalist 78: Lifetime appointments, courts had the right to judicial review (not explicit in the Constitution).
Marbury v. Madison: Established judicial review.
3 levels of court system: US District Court, US Circuit Court, SCOTUS.
Appointed by President, confirmed by Senate, lifetime appointments.
Exercise of Judicial Review/Life Appointments
Precedence: Hard to overturn (stare decisis) (past court decisions).
Legitimacy of court: Ideological changes (presidential appointments) (change of precedents).
Judicial Activism: Considers broad effect of decision on society.
Judicial Restraint: The only time law should be struck down is when it violates the explicit Constitution.
Federal Bureaucracy
The Federal Bureaucracy carries out functions of the federal government under the executive branch.
Lots of power: Cabinet Secretary at top, 15 executive departments, departments divided into agencies.
Commissions: Regulatory groups (created for a specific purpose, Federal Communication Committee).
Government Corporations (business + government).
Write and enforce regulations, issue fines for violations of law, heads of agencies testify in front of Congress.
Iron Triangle: Bureaucracy, Congress, interest groups.
The bureaucracy uses discretionary authority for rule-making.
Authority is given to the bureaucracy by Congress, giving agencies the power to make rules and carry out laws.
When Congress passes a law, departments of the bureaucracy get them.
The bureaucracy can be checked by other branches.
Enforcing tool of the executive branch.
Congressional Oversight: Committees respond to federal agencies.
Congress has the power of the purse (allocating funds/budget).
The President can check the bureaucracy by firing people.
If bureaucratic decisions are unconstitutional, the judicial branch can check.
Civil Liberties and Rights
Bill of Rights: Protects individual liberties.
When it was written, it protected people from the federal government only.
Has been expanded to states and local governments.
Public interest vs. personal freedom.
Liberties in the Bill of Rights are not absolute.
SCOTUS and Freedom of Religion
Establishment and free exercise clause.
Engel vs. Vitale and Wisconsin v. Yoder.
Freedom of speech is not absolute, but to restrict speech, the bar is high.
Symbolic Speech
Tinker v. Des Moines (no disruption from speech).
Social order vs. individual freedom.
Speech can be restricted in some cases.
Regulations on Speech
Time, place, manner regulations. (cannot restrict manner of speech).
Defamatory, obscene speech.
Clear and present danger to society (Schenck v. US).
Freedom of the Press
Essential to the working of democracy.
Same standards in the press are in speech (time, place, manner, etc.).
New York Times vs. US.
Right to restrain before its printed
Prior restraint: right to retrain the press before it's printed.
The SCOTUS interpretation of the 2nd Amendment has always allowed individual freedom to have a gun.
DC v. Heller is precedent for McDonald v. Chicago.
Individual Liberty vs Public Order vs Safety
8th Amendment, Cruel and unusual punishment/high bail: Death penalty
4th Amendment protects against unreasonable searches and seizures
The collection of metadata after 9/11 was questioned
Selective incorporation of the Bill of Rights to states.
14th Amendment due process clause.
McDonald v. Chicago: Heller decision went to the states.
Balancing Act
Balancing personal order and public order has led to courts restricting or upholding individual liberty.
Miranda Rule: Upholds 5th Amendment (self-incrimination), procedural due process (agents of government have to abide by a procedure; an example is being arrested).
6th Amendment: The accused must have a lawyer.
Gideon v. Wainwright: Gideon did not have an attorney.
Right to privacy: Not explicit, implied in other amendments.
Substantive due process: Are laws themselves just?
Social Movements
Constitutional provisions have inspired/supported social movements.
Civil liberties are the rights of the Bill of Rights.
Civil rights are the way of how citizens are equally protected by those liberties.
Equal protection clause of the 14th Amendment: Made all demographics equal by law (de jure segregation).
Not practice by practice (de facto degradation).
Letter from Birmingham Jail: MLK letter to white clergy.
Women's rights movement, LGBTQ rights, pro-life vs. pro-choice (Expansion of civil rights to different groups).
Sometimes SCOTUS has restricted civil rights, and sometimes has protected them.
Brown v. Board.
Social movements can give a huge impact on the government, policy-wise.
American Ideologies
5 big ideas shared by every American and what they think of the role of government.
Ideologies can change how they think of the role of government (conservatives and liberals).
Conservatives: Individualism: emphasizes the interest of individuals against society.
Liberals: Individualism: enlightened individuals.
Cultural Factors Impacting Politics
Political socialization: family, school, friends, media, environment.
Globalization from across the world influences how people think of government.
Generations impact attitude: experiences (example: WWI).
Older generations are generally conservative due to policies then (less women’s rights).
Public Opinion
Public opinion is measured through scientific polling, leading to the influence of public policy.
Opinion Polls: Getting a feel for public opinion on policy.
Benchmark Polls: Taken at the beginning of candidate’s runs.
Tracking Polls: Over time, how the group feels about a given issue.
Entrance Polls: Before people go to vote.
Exit Polls: What they voted (after people leave).
How do pollsters confirm legitimacy?
The sample size must be representative, random, and have an equal chance to be selected to participate.
Discernible relationships between scientific polling and policy debates.
Candidates decide how to pass legislation through results of polling.
Reliability of public opinion data:
Non-scientific polls: Can be funded by political parties.
Shows support for party policies.
Political ideology sets the basis for political decision-making.
Most Americans become in tune with their ideology (liberals become more liberal).
Liberal: Expanding government powers (Democrats: women's rights, LGBTQ, and healthcare for the poor).
Conservatives: Traditionality; if it isn’t broke, don’t fix it, resist change (Republicans: lower taxes, anti-regulation, pro-business without government).
Public Policy
Public policy only affects the attitudes of people who participate in political processes.
Economy and Political Ideology
Economy
Liberals want more government involvement to protect the public good.
Conservatives favor less involvement to uphold the free market (supply-side economics).
Libertarians: No government involvement in the economy.
More on voluntary trade and property rights.
Political Participation
The Constitution protecting voting rights has expanded over time.
The right to vote is “franchise.”
White men with property, all white men.
15th Amendment: Black men can vote.
17th Amendment: Senators are directly voted for.
19th Amendment: Women's suffrage.
23rd Amendment: DC gets 3 electoral college votes in the presidential election.
24th Amendment: Poll taxes are gone.
26th Amendment: Lowers voting age to 18.
Voting Models
Rational Choice Voting: Voting through self-interest (for themselves through logic).
Retrospective Voting: Voting through the past.
Prospective Voting: Voting through potential future.
Straight Ticket Voting: Voting based on party.
Voter Turnout
Several factors determine voter turnout in any election.
Structural barriers (example: voter ID turnout, needing government ID to vote).
Political efficacy: Whether people’s votes actually make a difference.
Type of elections: Presidential has the most turnout.
Demographics: Women tend to vote more Democrat; younger people tend to vote less.
Linkage Institutions
Linkage institutions connect people to the government.
Political parties, media, elections, and interest groups.
Political parties: An organization with ideological beliefs that brings a cadet for election.
Bring candidates to focus/get elected (media coverage, campaign management).
Party realignment: When lots of votes move to a different party and parties change.
Campaign finance laws have affected parties: How much money can lawfully be given to candidates; communication/media coverage.
A 2-party system makes it hard for third parties to win an election.
Winner-take-all voting districts.
Incorporation of third-party agendas into major parties (major parties adopt/incorporate that agenda onto their own platform).
Interest Groups
Interest groups form around single issues, usually to influence policy-making.
The goal is to pass legislation that aligns with group interests.
Lobbying: Policy experts help policy-makers and inform them on issues.
Part of the iron triangle.
The level of influence interest groups can exert depends on some factors.
Funding: More funding = more power and access to policy-making.
Free-rider problem: A larger group benefits from the goals of interest groups.
Elections
How the president is elected.
Closed Primaries: Voters must vote with voters aligned party.
Open Primary: Can vote for the candidate.
Some states use caucus over primaries.
Caucuses are more local/visible; primaries are states/secretive.
General Election: Debates, media coverage.
Incumbency advantage: The sitting President is more likely to get reelected.
Electoral College: Based on population.
Congressional elections.
Less participation.
House seats every 2 years, 1331 of the Senate seats.
Incumbency advantage: More likely to vote for already occupying candidates.
Gerrymandered districts are more trouble: Districts are drawn by majority parties.
Campaigning
Running a campaign is complex, and strategies for campaigning affect the election process.
Fundraising: Rely on party funding, donors from groups and individuals, PACS.
Campaigns can last as long as they want.
The election process has gotten longer/more expensive.
Financial Contributions
Laws governing financial contributions in politics.
Federal Elections Commission (FEC) set limits originally on donations.
Hard Money: Money directly donated to a campaign, traceable, subject to laws.
Soft Money: Donated to an interest group that can buy ads for a candidate; not subject to campaign finance laws.
Bipartisan Campaign Reform Act: Increased limits of hard money, tried limiting soft money.
Citizens United v. FEC: Argued BCRA limitations violated free speech (corporations are people too).
Now ads and stuff cannot be limited.
The Media
The media is a linkage institution, or watchdog agency, that holds the government responsible to the people.
Newspapers to telegraphs to radio to television to social media.
Investigative Reporting: One way the media holds the government accountable.
Laws passed based on issues made public.
Watchdog agency: Tells citizens what the government is doing to hold them accountable.
Gatekeeping aspect of media: What media reports on shapes what the public thinks of the government.
Effects elections.
Over time, the media has changed, such as the nature; media outlets have changed how content is delivered.
Becoming more partisan.
Cable news is for profits, so they report what gets the most views (FOX vs. CNN); What confirms existing beliefs.