bundle sample GOV 310L notes
bundle sample GOV 310L notes GOV 301L
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Date Created: 02/15/15
GOV 301L notes Jan 2830 The problem of legitimacy Theo es These people should do it this way because they ve always done it this way they should be in power because they always have been in power 0 Religion the legitimacy of the gov t is somewhat religion based ex Iran but this only really works if you have one religion This is out of the question in America Charisma some one person who seems to have something magic about them and everyone pledges their loyalty to this one person ex Gandhi George Washington This cannot be inherited it never outlasts the death of the charismatic person 0 History as a legitimating force Marxists had a theory of history that said that history was moving in a certain direction Socialism superintended by the communist party and if you re moving in that direction you re legitimate 0 Finally Democratic theory ll Democratic theoryquotquot A theory of morality of right and wrong dominant theory of legitimacy How it developed need a theory that will create legitimacy in a country that has different ethnicities religions languages and is always changing economically This originated in the 17th century in Great Britain It was rst articulated by John Locke English philosopher You need elections So you need a representative legislature where the people choose reps and they go argue about public policy pass laws You also need a decision rule majority rules But you also need minority rights the majority who votes cannot take away the vote from the minority 1750 Swiss philosopher Rousseau advanced democratic theory How do we create a government that is morally defensible What creates a moral human Self control quotThe mirror impulse of appetite is slavery while obedience to a law we prescribe to ourselves is libertyquot AKA We can only judge someone who makes their decisions freelyquot A democracy is a government whose legitimacy is based on the people s participation Those who wrote US constitution advanced democracy further lll Further re nements What do you need to have a real functioning authentic democracy The people have to be able to make free choices Democracy depends on the personal liberties of the citizens to make choices You must have legal equality This means that everyone has one vote In addition you must have some sort of equality before the law This means that everyone can serve on juries the same laws apply to all people in the same way You need choice among alternatives you need freedom of speech allows choice among alternative ideas Everybody stands for something so everybody gets a chance to offer his or her ideas You cannot put any limits on the opinions people express about public policy because the people might choose these ideas even if they re blasphemous A democratic polity everybody gets to campaign for the people s support make arguments Democratic theory doesn t tell you what the answer is to the questions of detail it only tells you how the questions are going to be answered in terms of policy argue in public If you do it this way democratic theory is happening IV Problems The democratic party cannot take away votes from citizens Arkansas is stupid If you are denied the chance to participate then you re not obligated to obey the law Policy is made by people arguing publicly This is why bribery is so bad it is policy being made behind the scenes lt violates the democratic ideal of public processes Democratic theory has changed the world in two ways with its power 1 Almost everybody claims to be democratic People claim to be but aren t yet they put it in their title because it is so powerful 2 Over the course of the last 200 years it has included more people in the relevant community From adult white male property owners 3 to everybody who isn t a child or a lunatic restrictions of property owning fell former slaves given vote then women There are certain parts of democratic theory that people still argue about what it means to have liberty and what it means to have equality Liberty conservatives think of liberty as freedom from government coercion Liberals think of liberty as economic based They say the people who are poor aren t really free they re at the mercy of economic forces Liberals by bringing millions of people out of economic subjection Obamacare freed them from economic oppression Conservatives because this requires people to sign up for health insurance that is government coercion and that violates their liberty quotquot this type of argument will not be resolved V Evaluating American democracy Tj in DoE the british gov t has no legitimacy bc we aren t allowed to participate Thus our DoE is morally justi ed The DoE is a moral argument governments that have forfeited the obligation of obedience Vl Episodes of lawbreaking Is it Legitimate No human institution is perfect The American Revolution177683 by Democratic theory lawbreaking is justi ed quotNo taxation without representationquot you cannot lay taxes on us because you do not allow us to participate in your legislature Suffragettes18401920 women began to break the law and perform acts of civil disobedience in order to get the vote This is justi ed because if you deny them the right to vote their behavior is justi ed according to democratic theory Civil Rights Movement early 605 this is justi ed civil disobedience is morally justi ed because those breaking the law were denied the right of participation Vietnam War 19605 Americans engaging in acts of civil disobedience People our age couldn t vote yet they could be drafted to vote at 18 quotOld enough to ght old enough to votequot You cannot send them against their will if you have not consulted us in asking if we want to be a part of it This is justi ed Abortion 1973 people who don t believe in abortion have engaged in acts of civil disobedience This isn t just bc they have the right to vote But the unborn baby doesn t either but it doesn t have a voice So is it legitimate We don t know Iraq War Protest 2003 a large crowd of protesters walked on to Congress Ave Bridge created delay and inconvenience When they were arrested there were reporters there Someone said that quot we have a constitutional right to civil disobediencequot This is slightly ambiguous though because GWB didn t win the popular vote he won in the Electoral College Vll Practical lessons from experience 225 centuries of experience with this theory DT assumes if you give people the right to participate they will participate But a fairly large number of people do not participate A large is ignorant of politics A large percentage is ignorant and apathetic 56 said that compromise in politics is selling out on principles A majority of Americans don t understand that in order to have a peaceful democratic government there needs to be compromise You cannot rely on this theory for everything It mainly addresses the process how you make policies not necessarily policies themselves 22quotcl amendment 1951 forbids president from serving more than 2 terms This is the people telling us whom we cannot vote for if we want The people in one era telling the people in another that they cannot elect one speci c person This violates democratic theory This is explicitly undemocratic Here democratic theory can tell us something was wrong Vlll How to be a better citizen Legitimacythe belief that the people have that the gov t is right or moral and therefore they have some sort of obligation to obey Something behind the gov t other than just force Even when governments lose legitimacy they often fall Legitimacy is a philosophical concept why people feel they have a moral obligation to obey the government Terms to know Democracy Majority rule Personal liberty Legal equality Choice among alternatives Freedom of speech Public processes quotObamacarequot 2009 quotselling out in principlesquot 22quot I amendment 1951 GOV 301L notes 22 Origins of American Political Thought Background of the Constitution His overall arguement of constitution it is a democratic gov39t What was in the heads of those who wrote the Constitution And thus why is it the way it is These are the reasons why I Religion the people who settled the American colonies were not a diverse bunch They tended to be British Conformist Sects Puritans now Congregationalists United Church of Christ Unitarians Baptists Methodists Quakers and Presbyterians Called quotNonconformistsquot because they refused to adhere to the Church of England These were the revolutionaries so when the rebels won revolution they kicked out the Anglicans those who followed the Church of England usually Tories ntense individualism outlook you 11 with God Makes up classical liberalism originally a Puritan ideal Especially in Puritanism there was a notion of consent The Puritans were very voluntaristic you wanted to be a member of the community When they chased people out of their communities they wanted only people in the community who agreed to be Puritans to be in the community This evolved into the idea that the ppl in authority in the community should consult the people s opinions and ask for their consent How should we consult them Elections Consent evolved into democracy and it39s not just a philosophyreligious ll Republicanism doesn t have to do with the Republican party today It was a philosophical tradition that dealt with the second great q of pol Philosophy the question of the public interest what is good for us as a community Virtue people who think pursue and argue about the public interest Corruption ppl just pursued their own selfinterest at the expense of the community How do we get a virtuous republic not a corrupt one They the Republicans did not trust power or human s ability to resist power We need a gov t that does not give all power to anybody we need to disperse power and limit it They didn t want ef ciency Ill Democratic Theory they believed that what legitimated a gov t was the people s participation IV Economic inequality they accepted the fact that there would be economic inequality There will be these con icts between those who are wealthy and those who are not We are not going to try to change this fact but we will try to create a system that will deal with that fact so neither the wealthy nor unwealthy can oppress everybody else You don t trust the people though so how do you create a democratic government where you don t trust the people but the people have a say V The rst fruits of these ideas the Articles of Confederation 17831787 They had to put a gov t together that would work for the 13 states The most important thing in their mind was limit power and don t let the central gov t oppress us They however made a gov t that would not work For example you needed 34 votes of the states This is extraordinarily dif cult to do There was also no central executive There was no foreign policy no taxing power no power to regulate commerce no judiciary and no national currency This gov t system was extremely unsatisfactory to business people and the nationalists VI Another try the Constitution 1787201 the purpose of the Constitution is trying to reconcile two irreconcilable con icts They need power to have an effective gov t but they don t trust anyone in power They are also democrats but they don t trust the people Checks and balances no one faction could grab power there are so many different factions and none of them would get big enough to become a majority of the public They d have to moderate their ambitions Divide the gov39t against itself our constitution is not a system of separated powers but separate institutions sharing power The people get there separately their own ambitions own institutional relevance The House and the Senate are gonna ght with each other The president is elected completely separately The federal courts are also independent The goal is to make quotambition to counteract ambitionquot We don t trust them we want a Of r ideas to COI I The federalist gov t is the greatest re ection of human nature If men were angels no gov t would be necessary 1791adopted the rst 10 amendments to constitution BoR 1st amendment speech press gets a lot of press 2quot I amendment bear arms a lot of press 10th amendment the power is not deleg To US by constitution nor prohibited by states are reserved to states respectively or to the people AKA there are no implied powers in the constitution The federal gov t has only the power given to it explicitly in the constitution Just those powers Congressborrow money regulate interstate commerce est rules of naturalization bankruptcy coin money regulate its value copyright patent aw declare aw run district of Columbia Thus a lot of what they have done since the 1930s is illegal Unconstitutional Social security MediCare Ways to argue against 10th amendment Necessary and proper clause many interpret this as saying that congress can do anything economically related that it wants to US vs Darby 1941 fair labor standards act They say that the 10th amendment is meaningless basically There are various people urging that if we have 10th amendment conservatists in power they would rule a lot unconstitutional The structure of people competing for gov t hasn t changed since 1787 Economic inequality will produce economic inequality and this was inevitable You just had to make a gov t with this understanding Speci cally make a gov t that wouldn t take away from the rich to the many poor Contract clause A1S10 no state shall pass any law impairing the obligation of contracts Shay s rebellion mobs of farmers who threw the gov t out in Mass bc they were unfairly treated by banks When farms ppl got into gov t they passed laws saying farmers didn t have to pay mortgages The contract law says that NO STATE GOV T CAN DO THIS Gov t cannot say that people do not have to honor their contracts This was a protection law for bankers against angry farmers scared property owners so much that they realized articles weren t gonna work they had to make a new constitution Doesn t this seem like they re protecting property over democracy Yes but this is what happened This stopped states being taken over by antiproperty mobs 5th amendment nor shall anyone be denied life liberty property without due processgo through court of law Aka you cant just have the gov t take your land for a railroad or a pipeline from Canada But gov t can take property but it has to go through court this sometimes protects property owners directly or indirectly Vll Implications of the Constitutional system the people are constantly trying to thwart eachother s ambitions We don t want an efficient gov t we want somewhat efficiency regulate commerce between the states and internationally We also want this gov t to have an efficient foreign policy So basically we make Mr President in charge of foreign policy Congress has the power to regulate commerce and create a national currency regulate its value The constitution was democratic but it also protected rich ppl from gov t and from poor people When there s a con ict the question goes to the courts A great deal of what judges do is decide who wins rich vs poor or rich vs gov t whose property interests win This gave a lot of work to the courts This system is a lot of work Winking The Annexation of Texas 18361845 Texas was an independent country Texas was an independent country because the US wouldn t have them under the constitution it said that if they had an independent country petitioning to join there needed a treaty that required 23 vote of senate The free states northern states did not want Texas to join the Union because Texas would then be a slave state Texas applied 2x in the 9 years to become a state but both times in the senate a majority voted to let them in but this majority fell short of 23 Texas was not admitted into the Union But in the 1844 elections the democrats won President and Congress in the elections and they saidquot this is ridiculous The constitution is in our way we need 23 in the Senate What should we do Ignore the constitution So in1845 they passed a joint resolution admitting Texas into the Union So Texas nally joined the Union as a slave state But in order to admit Texas they had to ignore the Constitution Texan eccentrics the republics of Texas They say that because it was unconstitutional to admit Texas Texas is its own country it s not in the US the leader says he is the president Texas was illegally unconstitutionally admitted into the Union 1861 as the southern states seceded Lincoln did some unconstitutional stuff Blockade of South without Congress consent Lincoln said quotShall I adhere to the Constitution or shall I save the country and violate the constitutionquot 19305 10th amendment things With FDR s new deal legislation midst of the Great Depression 25 unemployment rate no welfare no 55 no unemployment people are starving They pass a bunch of laws to try and take over the American economy The Supreme Court ruled it unconstitutional in 1935 The election in 36 Roosevelt wins a huge reelection majority 37 FDR makes a plan to pack the supreme court make it 11 members Congress rejects this but it scares the court so that when another aspect of the new deal the court rules it constitutional So any time any aspect was challenged in court after 37 the supreme court ruled it constitutional 10th amendment conservatives think the ppl on court decided that we needed gov t regulation of the economy and this was wrong VIII How to be a better citizen Terms Consent Republicanism Articles of confederation Reconcile the irreconcilable Ambition to counteract ambition Separation of powers Tenth amendment quotNecessary and properquot clause Contract clause Annexation of Texas 1845 How to study The test has 25 MC questions on both the book and lecture Book concepts and reading 2 points each Here you will also be recognizing arguments 10 short answer questions These are tricky you re reproducing arguments ex Consent you de ne and give the signi cance of the concept Consent ln sixty words or fewer Consent means citizen participation in government and it has a religious undertone The historical sig became the pass participation and legitimization of gov t Consent helps us understand why the constitution is a democratic doctrine The ppl who wrote the constitution believed participation legitimated gov t Kinds of arguments Causal explain why something is the way it is Ex Cassica liberalism it explains a lot of how American politics function even today It explains why we are so individualistic why we believe in democratic theory 0 Interpretive you should think about something this way Ex The gov t is ppl sharing power not a separation of power 0 Moral something is right or wrong good or bad Typicay he infers the conclusion from democratic theory So when he said the 22 amendment is evil bc its undemocratic that is moral lt violated the requirements of democratic theory When studying What lecture What argument was he making when he talked about de ne why the Keating Five is signi cant ex Of private in uence over public policy which is bad for democracy When we sit down to look at a concept ask what lecture it comes from rst
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