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Exam 1: National and Texas government

by: Aashika Kushwaha

Exam 1: National and Texas government POLS 1101 096

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Aashika Kushwaha
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How the National and Texas government is set up.
American National Government and Politics
Dr. Iliyan Rumenov Iliev
Study Guide
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This 34 page Study Guide was uploaded by Aashika Kushwaha on Saturday February 13, 2016. The Study Guide belongs to POLS 1101 096 at University of Texas at Dallas taught by Dr. Iliyan Rumenov Iliev in Summer 2015. Since its upload, it has received 47 views. For similar materials see American National Government and Politics in Political Science at University of Texas at Dallas.

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Date Created: 02/13/16
Politics and Government 01/13/2016 ▯ Politics-process by which it is decided who gets what, when, where, and how ▯ -in contrast to economics which does not involve the distribution of how tasks/things are divided. ▯ -translation of what society wants into a legitimate policy ▯ ▯ -gov exists to solve problems the markets and society cant solve ▯ -issues in collective action problems ▯ (Collective action: things that involve everyone) ▯ -if ppl try to solve these problems… normally ends in violence. Gov can prevent this violence ▯ -ppl could go out and steal stuff…but the gov stops that by consequences (jail and stuff…) We are scared that if we don’t do the right thing, the gov will arrest us, etc. ▯ ▯ Coercive power of Government- powr granted to the gov and entities to accomplish its ends  Coercion: gov can for us to do things  Using taxes, fines (tickets for speeding), eminent domain (take over our homes), draft (send you to do something in order to fight for your own property)  Wage war, produce and use munitions ▯ ▯ Legitimacy- citizens accept the policies of the gov. (even if we don’t like it) ▯ -live under the law-no one is rebelling ▯ Gov without legitimacy: North Korea ▯ How is legitimacy in institutions built?  Divine decree- rulers, divine power giving them the right to rule  Democratic selection- chosen by the ppl  Reputation- Doing things because you are scared of your ruler ▯ ▯ The Public and Collective Action  Translation of preferences into policy  Requires the understanding of the prefernces we are considering  Gov serves different public (because ppl have different preferences) ▯ ▯ What does government do?  Rules- laws  Rational decision-making- Ex. not sending our trash to Oklahoma, because that would create problems there  Security, protection of property- army protects us  Public goods- water (expect to be accessible to everyone) ▯ ▯ How did gov affect life today:  Public School  Highways  Roads  clean water  etc. ▯ ▯ What happens if the gov fails? ▯ -the chemical spill that happened in Virginia- they ran out of clean water, ppl stood in line for a long time just to get a crate water. A lot of ppl didn’t even get any. ▯ -didn’t provide the public good we need ▯ -werent prepared for this type of situation ▯ -issues with public safety ▯ ▯ Social Contracts  Hobbes: contract to get out of the state of nature (we are following the laws, just because we know that we are supposed to do that)  Rousseau: contract to mitigate “bad things”  Locke: contract to provide consent to end dictatorship ▯ ▯ Problems of Social Organization  Collective Action Problems  Choosing Choice Rules and Agenda Setting  Principal-Agent Problems ▯ ▯ Collective Action Problems  Group social dilemmas that result from individually rational actions that produce societal or group outcomes that appear irrational.  Problem that is solved for you may harm someone else. ▯ Examples  Pollution I can throw that wrapper of my candy bar outside. Now I don’t have to worry about trash in my car. Now the pollution will harm the environment and others.  National defense- War in north US… I don’t care, I live in the south.  Jury duty  Public health ▯ ▯ Why individuals are not prone to participating in group activities?  Ppl aren’t willing to do it. It takes time, in which they could be doing something else. It may cost ($) too much.  We are just going to wait for someone else to participate and solve the problems for us. (known as Shirking or free riding)  Cost to provde for this cause is a lot more than the value of the outcome. Ex. Cost of holding on to trash, is small. But result benefits the whole environment. ▯ ▯ Solutions:  Provide a selective incentive to those that participate  Focus on certain social norms: driving car, thinking of what to do with my trash, throw trash out the window, bad influence to others; ruins reputation.  Coercion/punishment/ sanctioning power: police may see us litter and will make us pay for what we have done (taxes, $, jail, etc.)  Institutions/Institutional Designs: governor, legislature-enforcing ▯ ▯ Agenda Setting  Gov present things in a different way. “Raising taxes because I want to solve certain problems” vs. “Canadians are coming to attack, I need to raise that taxes so that we can solve this problem”  Presenting things in a different way can change how we feel about gov policies so that they can be enforced. ▯ ▯ Solutions:  Restrict ppl’s preferences (not very democratic)- not giving the ppl many choices, have to choose from the choices.  Create well established rules so ppl know the agendas better.  Create institutions rules and norms that everyone will follow ▯ ▯ Principle-Agent Problem  Gov and governing is too complex to leave individual elected officials alone.  Ex. Gov wants to change the water quality used: so if they ask every single person, most ppl wouldn’t really understand anything about water quality. They are not well informed. Cant all participate. “ALL TEXANS MUST SHOW UP IN AUSTIN TO MAKE A DECISION ABOUT…” it doesn’t work well, involves crowds, too many opinion.  We must engage in delegation, granting some choice, power, authority, discretion to other agents. Delegate power. Give that power to someone else to make hard decsions for us. We will just tell them what we want and they will make policies that can help everyone. ▯ ▯ Problem is delegating  Moral Hazard: Agent doesn’t do their job.  Adverse Selection: chose the wrong agent, don’t know anything about the issues we have ▯ Solutions  Monitoring- watch C-span, watch debates  Sanctions- vote them out of office  Contracts/incentives: I will vote for you if you do all thi o for me, solve this things, make these policies. They will do that because they want to get reelected or get money for their campaigns that cost a lot.  Create team production: to ensure monitoring and norms- system of checks and balances. Branches are paying attention to each other Social Contract:  Used to solve problems that cant be dealt by individuals or markets/;… ▯ ▯ URBAN VS. RURAL  Labor force has been increasing over time  More representation as increased population  Increased teen pregnancy Houston o Ecnomy based on commerce and cotton o Houston ship channel transfored the city into major metropolitan area o Oil and gas manufacturing o NASA o Texas Medical Center (world’s largest) o High-tech industry Dallas o Railroads o Cattle o Commerce center o Oil industry  Forth Worth o Military  San Antonio o Capitol of Spanish Texas o Military o Tourism o Medical   o  ▯ ▯ ▯ ▯ ▯ States and localities have the capacity to play central in the U.S. federal System  Bureacracy- who is responsible for what (governor, etc.)  Responsible for democratic governing  Federalism and intergovernmental relations (how much power for fed gov, how much power for state gov, etc.) ▯ ▯ Capacity of States and Localities  Increased Capacity and Improved Performance  Better revenue systems- how we are generating money for the state gov  Increased state role as years pass. (So right now states have more role in the gov relations than they did two years ago.)  State gov is now more proactive- state gov has more power now, in charge of more things now  Increased national-state conflict—Federalism? ▯ ▯ Challenges Facing State and Local Governments  Fiscal stress—recession, tax increases  Increased interjurisdictional conflict—natural resources and economic development- local, state, fed, etc. are all fighting over what they can be in charge of dealing with  Political corruption—role of interest groups, campaign contributions ▯ ▯ Federalism  Federalism- system of gov in which at least two levels of gov share governing over the same ppl and territory.  Compared to Confederalism: where each unit is equal and they rule jointly (A of C, Confederate States of America). Each state might not pitch in money to fed gov during problems (freeriding) ▯ ▯ Why Federalism ▯ -had tried confederalism under Articles, but it didn’t work ▯ needed to sort out shared and overlapping powers of state and national gov ▯ Did this with federalism and national government supremacy in the Supremacy Clause of Article IV- fed gov in charge, unless SCOTUS says no… under the Constitution ▯ ▯ Benefits of Federalism ▯ -saving time because we know who to go to if we have problems in enforcing policies ▯ better deal with problems (ex. States: police power, schools, etc.) ▯ overlapping layers of gov to address a bunch of different issues at the same time. “multiple republics” ▯ ▯ Founders and “\”federal?”  Founders used the same term to describe gov under A of C and the new Constitution  Need to understand what terms mean so we know what form of gov should be put into place in order to deal with certain public problems. ▯ ▯ Origin of “federalism?”  Federalist No. 9: Hamilton (new science of gov: representation of the people, separation of powers, checks and balances, judges can serve for life if they stay good *In TX, we vote for every single judge)- no requirement for TX Supreme court judges to be experienced by being lawyers, etc.)  Federalist No. ▯ ▯ Hamilton on Federalism ▯ Benefits of confederation/federalism  Can suppress factions  Provides for internal, domestic order (to prevent another civil war)  Provides a means for governing both large and small interests though the extension of the sphere of popular government  States agree to unite in a fed gov have more security  Federal system prevents any one state or interest from becoming too powerful. Madison in Federalist No. 39 -argues that character of the government, authority of the Constitutional convention, and duty of the convention is to provide a good government. In answering these, Madison illuminates the federal nature of the “new” government. o Process of Constiutitonal ratification involves people voting in sates, and the qpproval of states. Need each state to approve the Constiution o Representaiton on the basis of states, not national criteria  The mixed character of presidential elections creats a system where states retain quthority in the selection of presidents o Fed gov is limited to what they can and cannot do. Some things are only dealt by state gov. Shifts in Federalism o Almost every single policy involves US. Federal gov o This has been expanding since New Deal o Top down policy- fed takes role o Recent innovation s have included many bottom up policies (states take control of policies) ▯ Rise of Federal Government  Great Depression to WWII  Roosevelt promised to solve problems. Used fed gov action (New Deal) ▯ ▯ Stock Market Action  Massive unemployment  Stock market crash of 1929  Failures of banks, farms, enterprises ▯ ▯ The New Deal  Public works programs  Regulatory programs affecting agriculture, banking mining, manufacturing, telecommunication, utilities, stock market, Social Security  Roosevelt received from Congress authority to reorganize the executive branch by executive order (not approved by Congress)  Congress didn’t know that the President was acting upon these issues because president didn’t have policy-making authority. Congress gave up some powers to allow president to create needed policies.  Supreme Court struck down New Deal elements  FDR wanted to “pack” the Court justices with ppl that supported his ideas (replacing ppl in the Court with his supporters)  The Court changed direction—“constitutional revolution of 1937” ▯ ▯ Social Security  Social welfare was left to the states  Great Depression was overwhelming for the states . States begged the national gov to help them  Social Security Act of 1935—established retirement insurance for the elderly, unemployed, federal supplements to state welfare programs ▯ ▯ Developments in Federalism ▯ Prior to New Deal: Federalism was a layered cake (divided state/federal powers). Fed gov responsible for:  National Security  International and Interstate Commerce  Large Scale Capital Projects ▯ ▯ State and Local Gov responsible for: (now are all federal matter)  Public safety  Education  Social welfare  Roads  Public improvements  Regulation of commerce and workplace ▯ Federal involvement in policies that states used to be in charge of ▯ OSHA ▯ SEC ▯ FDA ▯ Social Security ▯ ▯ Federal gov role strengthened by  Perceptionals and realities of racism by state and local gov  Professionalization of the federal bureaucracy (merit system- putting ppl in high positions just because they were your friend: but they weren’t good at that job) ▯ ▯ Top Down Policy  Naitonal gov policy dominates choices and innovation of the lower levels of gov  Relationships btw the federal gov and the states after the New Deal are referred to as picket-fence federalism (NCLB,- fed gov tells us states what they have to do but they don’t give states money to cover the costs of it. Benefits of Picket-fence federalism o Vertical alliances btw state and federal bureaucrats and agencies o Policy specialization  Drawbacks o Mandated actions and unfunded mandates (Fed gov make things required but states don’t have the money for it so the state is fined) o Delegation and monitoring problems- when we have multiple gov, its hard to watch all of them (C-span, etc.) its hard to stay involved in politics, because we cant keep up. Who do we go to if we need help from the gov? They are going to send us to administrations, and others will send us somewhere else… we will constantly be running around, to figure out who is responsible for these policies.  Ex. -Education policy (NCLB) -US and State Departments of Agriculture -TANF -Unemployment insurance: payroll taxes collected nationally and then sent to the states. ▯ ▯ Policy Instruments—Federalism  # of policies used by fed gov that get states to participate in federal policy:  Positive inducements: carrots  Negative inducements: sticks  Carrots and sticks are used to induce or produce collective action.  These include -Fiscal inducements fiscal policy transfers (ex. Social Security, Medicare, etc.), also benefits the state budget -Tax incentives or tax expenditures- (e.g. home mortgage, interest deduction, student load deductions, state and local tax deductions) Regulations: Laws out in place to provide negative sanctions or induce behaviors. (Ex. More taxes unless you follow the law) ▯ American –Style Federalism  Federalism- authority is divided btw two or more distinct levels of gov (ex. Federal, State, Local)  In the US, the division is between the national (federal) government and the states. Three Qualifications of Federal Systems 1. Geography- The same people and territory are included in both levels of government. 2. Independence- The nation’s constitution protects units at each level of gov from encroachment by the other units. -Lacking under A of C.  3. Mutual Influence: Each unit is in a position to exert some leverage over the others, through policies; top-down and bottom-up (like checks and balances). Fig 3-2 The Constitutional Basis for “Dual” and “Shared” Federalism (Slide 32: (106 or 141)) ▯ ▯ Most commerce regulated by federal gov is “interstate” commerce ▯ ▯ Dual Federalism- federalism leaves the state and the national gov presiding over mutual exclusive spheres (LAYERED CAKE) ▯ ▯ Shared Federalism- recognizes that national and state governments jointly supply services to the citizenry. ▯ (MARBLE CAKE) ▯ ▯ Progressive nationalization has moved American federalism from mostly dual to mostly shared. ▯ ▯ The Logic of Nationalization  How does policy become nationalized? 1. Purely political considerations (i.e., opportunities for political advantage).  Voting Rights Act  Health Care? ▯ 2. Federal gov helps solve collective action problems Coordination problems o Truckers that go from state to state, would need to have a license for each state. o Electric Grid: If light goes out in one city, it shouldn’t effect other cities, or else a black out in one city would cause a blackout in the whole country. Power grids weren’t connected. Prisoner’s Dilemmas Pollution and natural resources We only think about ourselves. We can pollute, but the pollution will spread… We live in a system that affects everyone.  Minimum Wage laws- states would compete  Foreign Trade Policy- states making a deal with foreign countries for trade… causes the whole country to have to pay importing taxes. ▯ Path of Nationalization ▯ Dual=> Shared=> Beyond ▯ ▯ Historic Transfers of Policy to Washington  Some things are hard for local/state gov to provide  Food safety standards and commercial regulation are examples  Roosevelt’s New Deal (1930s) -Social Security, financial regulation, labor laws  Johnson’s Great Society (1960’s) -Medicare, Medicaid, student loans  Federal Government taking over private banks (2009) ▯ ▯ The Constitution and Federalism  17 thAmendment: States had strength in the Senate until the th th 17 Amendment was passed (17 Amendment: direct election of senators) ▯  10 thAmendment: powers not granted to fed gov by Constitution are not prohibited to the States, are reserved the to the states or the people.  Supremacy Clause: Article IV: Constitution is the supreme law of the land  Article 1, Section VIII: o Commerce Clause-regulate commerce with foreign nations o Elastic Clause: “necessary but proper”. Fed gov examines state court cases so that their necessary but proper law doesn’t clash with an already existing state law. McCulloch vs. Maryland: Banking -protects the national gov from actions of the state Gibbons vs. Ogden: NY Monopoly shipping rights to Ogden - Only Congress possesses authority to regulate commerce. ▯ Garcia vs. San Antonio Metro Transit Authority (1985) -Federal wage hours applied to state and local employees ▯ Carrots and Sticks Federal grants-in-aid are carrots Categorical grants- federal dollars died to particular programs or categories of spending: (Must spend money on specific things, includes restriction) Block Grants- fewer strings (can spend money on anything) ▯ ▯ Sticks-unfunded mandates ▯ -states are required to spend money on certain programs, but the federal gov doesn’t give them money to follow through with the payments of these programs. ▯ Ex. NCLB, HAVA, Education for students with disabilities. ▯ ▯ Federalism- a system in which the federal gov shares power with lower levels of government. ▯  The US Constitution divides power btw the federal and state governments. ▯ ▯ Why federalism?  The original states already existed at the time of the Revolution.  The states created the federal government, not the other way around  The former colonists distrusted strong, central governments. ▯ ▯ Federalism in the Constitution  The Constitution grants two types of powers Expressed powers: found in Article 1 Section 8. Powers that are actually stated in the Constitution Implied powers: found at the end of Section 8, which grants Congress the right “To make all Laws necessary and proper” ▯ th ▯ 10 Amendment ▯ “The powers not delegated to the United State by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” ▯ -States’ Rights ▯ ▯ Full Faith and Credit Clause: Article IV Section 1 ▯ - Requires that states give “full faith and credit” to each other’s “public Acts, Records, and judicial Proceedings.” ▯ ▯ Federalism in the Constitution Article IV, Section 2, “the comity clause”;  Guarantees that all citizens from outside a given state enjoy the “privileges and immunities” granted to all citizens of the state.  Ex. Before it became a right in 2015, if you had a gay marriage in a state that allowed it, and you went to another state that didn’t allow it, the state that you just moved to would have to recognize your marriage, even though in the new state, bisexual people aren’t allowed to marry. ▯ Article I, Section 10: “No State shall, without the Consent of Congress… enter into any Agreement or Compact with another State.”  Compacts are agreements btw state to deal with issues that cross state lines, such as environmental concerns and transportation systems. ▯ ▯ Regulated Federalism  With increased funding, the federal government demanded higher standards and stricter uses for funds.  The government will tell you what you can/cannot spend money on ▯ Preemption- principle that allows the federal government to override state/local actions in certain policy areas. ▯ -Occurs when state/local actions do not agree with national requirements ▯ -IT’S A BAD THINGS FOR STATES ▯ ▯ Dual Federalism  There is a distinct division btw what is a federal power and what is a state power. Powers aren’t really mixed  LAYERED CAKE ▯ ▯ Cooperative Federalism ▯ Model in which the levels of gov work together to solve policy problems. Fed gov provides funding that is spend by the state for certain policies. ▯ MARBLE CAKE-shared federalism ▯ Congress dramatically increased unfunded mandates so states had to spend their own money to comply with federal law. ▯ Backlash to federal preemption and unfunded mandates led to calls for devolution ▯ Devolution: transferring responsibility from federal gov to state/local gov ▯ -popular since the 1970s ▯ -Idea led to New Federalism ▯ ▯ New Federalism  Devolve many policies back to the states  Nixon -Block grants, less federal money and interference  Reagan -Federal aid to states cut by 12% -Remove federal government, as much as possible, from local matters governed by states  Clinton -Welfare reform in 1996, grants tied to federal rules ▯ ▯ **** Federal funds as a percentage of the state budget in TX have grown over the years**** ▯ ▯ Coercive Federalism  Federal regulations force states to change their policies to meet national goals -Americans with Disabilities Act (ADA) -No Child Left Behind (NCLB) -Patient Protection Affordable Health Care Act (common “Affordable Health Care”, “Obamacare”) ▯ Texas Joins the United States th  1845 Texas becomes the 28 state  1869 Texas receives four congressional districts ▯ ▯ A Growing Role: Texas in the Progressive Era  Texas’s influence and standing within the federal gov expands during the Progressive Era  President Wilson’s administration includes Texans who exert political and policy influence -Burleson, House, Houston, and Gregory  Texas’s single-party dynamic facilitates institutional and political advantages.  Incumbents often run unopposed ▯ ▯ ▯ ▯ ▯ ▯ Texas Political Culture ▯ Political culture: our expectations of what we think that the gov should be doing. ▯ How the gov should be functioning in order to benefit ourselves and our society. ▯ -shaped by or experiences ▯ Defined by orientation toward ▯ -marketplace ▯ -role of gov: don’t want gov to have too much power ▯ -who should participate in gov and politics  differ by state ▯ ▯ Moralistic ▯ -rooted in New England Puritanism ▯ The common good (expressed through politics) is eeryone’s concern ▯ Gov should promote the public good ▯ Seen in Ca, WA, VT ▯ ▯ Individualistic  Focuses on commercial success: development of businesses  Gov provides services for security, protection of property, otherwise, limited gov role  Bureacracy viewed as interferences  Less concerned of the good of everyone ▯ ▯ Traditionalistic  Rooted in plantaion values of social hierarchy (wealthy families)  Focuesed on tradition and maintinaing social order  Politics engaged in by established wealthy familes  TX is a mix of traditionalistic- moralistic mix  Gov promotes public goods- commercial success  Bureaucracy is an interference ▯ ▯ Texas: traditionalistic-moralistic mix  Low taxes  Business interest dominate policy  Diverse backgrounds  People of all backgrounds living in different places, different policy preferences  Complex history of the shaping of political cultures ▯ ▯ One Party State  Democratic dominated Texas (dominated by one party)  Held all statewide offices, won presidential elections  100% of state legislature ▯ GOP dominates Texas politics:  Democrats have not won statewide office since 1994  Most support for Democrats in large cities  It matters that TX is a one party state because that affects how the state legislature legislates -less changes in policies ▯ ▯ Views on Business and Government  Business dominance  Unions are absent  Consumer and environmental concerns are not a priority  Low spending on social services and education  Major cities are giving higher levels of education (better education)  TX is #2 in most high school dropouts  TX has top teenage pregnancy rates -This matters because more teen pregnancy leads to more high school dropouts and increase in incarceration rates  People that dropout of high school have a higher chance of losing their job (according to statistics)- less likely to vote ▯ ▯ Texas  Caddo language- Techas  Politics shaped by geography—size, location, natural resources  2 ndlargest state  largest border with foreign country—NAFTA treaty  Gulf coast and rivers, fertile and desert land, plains and mountains, oil and natural gas- different solutions and policies regarding water, etc.  Six Flags: TX has existed under 5 different rules (Spain, France, Mexico, Republic of Texas, Confethracy, United States)—We are following our 7 Constitution right now. ▯ ▯ Economic Evolution  Cotton and cattle  Oil  High-tech industry, medical research, energy industry, and banking ▯ ▯ Cotton  Largest producer of the world  Important railroads connecting businesses btw cities  Labor intensive-> tenant farming and sharecropping  Created a system of social and economic dependency that caused many ppl to go under debt because they were borrowing too much  Crop-lien system-creating debt  Radical political discontent led to support of Grange and Populist movements ▯ ▯ Cattle  2% of TX pop located on farms  increasingly operated by large businesses ▯ ▯ Oil  30’s oil replaced agriculture  facilitates creation of the national highway system  increase in industrialization along the coast near oil fields ▯ ▯ Texas Railroad Commission (MOST IMPORTANT IN TX GOV)  State agency regulates oil and gas industries (NOT RAILROADS)  Brough stability to the markets  Allowed common pipeline carriers that served many different companies  Regulated oil production to smooth pricing ▯ ▯ NAFTA (North American Free Trade Agreement)  Created free trade zone btw TX and Mexico and Canada  Caused in creased exports to Mexico and Canada by about $10 billion  24 or 32 industries use these exports ▯ ▯ Demography  2nd largest pop  20% growth of 4.5 million people btw 2000 and 2010  Natural increase (births)  International immigration and Domestic immigration  Increased pop means more representation in the House, more jobs (more ppl to help our economy)  Anglos- Whites of European decent (except Spain)  First wave of Anglos by land grants before the Texas Revolution  Both Spain and Mexico gave grants to Anglos, there wasn’t any slaves. Most slaves were brought by the settlers  Hispanics/Latinos- Mexico, Latin America, Spain  88% of Latino Texas from Mexican origin  increasingly urban  History of anti-Hispanic political discrimination  Voting Rights Act (1965)  Fewer participation/representation barriers  20% Texas legislature is Latino  Texas slaves freed three years after Emancipation Proclamation after Civil war in 1860 (settled in East TX after freed)  63% of African population are in Houston and Dallas  Jim Crow laws kept blacks from the polls  TX is much more diverse than most states ▯ ▯ ▯ Job: social contract  Protect the peace  Protect individual liberty, rights, and welfare  Provide public goods that markets don’t give us (fire safety, police, ambulance, etc.)  Constitution at federal level is small  Texas Constitution is big- by addition of amendments ▯ Social Contracts  Solve problems bigger than individuals  Transactional arrangement: giving our power to the branches of the gov  Social contracts just give us our rules (who has this power? (people:democracy Who decides? Who knows what? Who benefits from choices?) ▯ ▯ Monarchy: rule by a singleperson based on divine right ▯ Dictatorship: rule by a single person by force ▯ Oligarchy: rule by a small group ▯ Democracy: rule by a majority ▯ Anarchy: no rules or everyone rules ▯ ▯ Democratic selection of policy: we can protest against laws ▯ Our rights and liberties are protected ▯ We vote for who is in charge ▯ ▯ American Experiment  No workable currency  No system of taxation  War  A hungry large army under Washington’s command (army wasn’t being paid)  Sectional divides ▯ ▯ Constitution is a Social contract  Us constitution was a written as a social contract  The failure of the A of C ▯ ▯ A of C failure  Highly decentralized gov with state control  Each state had one vote in Congress  Major legislation required unanimity votes  no nationl executive or judiciary  required unanimity in Congress to make decisions  fuailure to coordinate the revolutionary war effort  national gov had to ask states for troops and supplies  disjointed fiscal policy- national gov held debt but the states were to pay it off (voluntarily)  Trade barriers at home and abroad no national corrency or common market  Inability of national gov to provide a common defence and peach (ex. Shays rebellion, farmber/debtors revolts) ▯ ▯ A New Constitution  Vieirginia plan (large state plan)  New Jersey Plan (small state plan)  Goals: control of “factions”, create system of representation, solve collective action problems, create a common market (one currency), select agents to acarry out the functions of gov ▯ Virginia plan: two chamber legislature based on state pop.  Legislature could veto any law coming from the states (Supremacy Clause) ▯ New Jersey Plan  Equal representation from each state  Same legislature powers as in A of C  Veto state legislation  Plural executive (removable) an courts appointed by executive  SCOTUS to hear appeals in limited cases  Texas has two Supreme courts ▯ Great Compromise  Two chamber legislature  H of Reps: representation based on pop  Senate: two reps form each state  Lower chambers have the authority to levy taxes  Legislature power found in Article I:8  Majority rule used to decide on decisions ▯ Articles versus Constitution  Supremacy Clause (Article IV)  Commerce Clause (Article I:8)- Congress shall regulate commerce btw US and foreign nations  Representation based on population and states  Creation of executive branch (Article II)  Creation of SCOTUS (Article III) Constiution’s Innovations  Checks: each branch has some ability to limit the other branches. Ex. Veto power  Balances: powers are leveraged across the branches; no one branch can act alone  National supremacy: federal or national la trumps state law, taking existing state laws into consideration- SCOTUS keeps track of state court cases  Federalism: power is divided and shared btw the national and state gov ▯ Institutions matter!  Defines whose preferences are represented  Defines the “rules of the game”  Define agendas and structure choices  Define incentives and sanctions for collective action ▯ Nature of state constiutions  Fundamental law of a state  Subordinate to federal constitution  More subject to change than federal constitution ▯ The First State Constitutions  Most were extensions of colonial charters  Territorial integrity was not well defined  Northwest Ordinance of 1787: act of the Congress of the Confederation of the United States  Created the Northwest Territory- the first organized territory of the United States  Established a precedent—the Federal government would be sovereign and expand westward by admission of new states (Manifest Destiny).  Different than the expansion of existing states and their established sovereignity under the A of C  The most important legislation with regard to American public domain lands  Legislative Supremacy-legislative body of a government has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies. Writing assignment: starting Friday. Submit on elearning Must be submitted in the correct format  Four questions  Answer each question in only 500 words. No more than 500 words.  Just answer the question. Include knowledge from class and the video *Frontline “The Last Abortion Clinic”  Don’t accept late work ▯ Send emails about issues before the deadline ▯ ▯ Video!!!!!!!!!!!!!!! ▯ Frontline-“The Last Abortion Clinic” ▯  Roe v Wade headlines  20 states passed 27 bills- restrict abortion access  last abortion clinic in Mississippi  prolife activists organized by Prolife Mississippi  -closed down five abortion clinics in the state  People protest against the last abortion clinics.  People want to close it down  These people seen as leaders  Known for the actions of fire bombing clinics and violent protests. Killed doctors that performed abortions  They have to do these riots legally  Most effective power in the walls of the state capitol  Mississippi enacted more prolife policies than any other state  Mississippi is truly a prolife state  Success in regulating Abortion  Roe v wade was about whether states would be able to mandate their own abortion laws.  Not allowed to get an abortion during the 2 ndtrimester. Exception: if giving birth risks the woman’s life  Webster v reproductive health services: considered overturing Roe v. Wade  Senator Steven Trend: prochoice rebel  5 legislation laws: woman must wait tell court and then wait 24 hours before deciding to get an abortion  Planned Parenthood: whether all women have a fundamental right to choose abortion  Mississippi was almost the first state to completely abolish abortion 4 to 5 vote. Changed standard instead. Undue burden standard:  They constantly passed bills to the state legislature to test what exactly an undue burden was.  State legislature: established informed consent (doctor to patient) doctor shows woman in pics where the baby is and what will happen to it.  Both parents consent before a minor can have an abortion.  Tried to chip away Roe vs Wade  Jackson’s Women’s clinic: only abortion clinic in the state  Ppl would go to another state if necessary to get an abortion  Not many physicians that perform abortions  Must meet with a councilor or doctor at least 24 hours before coming in to get an abortion  A lot of ppl come from rural areas so they don’t know much about how abortions work. They have a hard time finding a time and way (transportation) to come in to get an abortion.  Teen pregnancy is high in Mississippi (top 5 in the country)- no access to birth control  Medicaid can rarely be used in Mississippi- they asked for federal $ for abortions- no tax payer $ can be used to pay for abortions  33 states passed a law approved by SCOTUS: not allowed to use tax $ to fund abortions  state Ppl in the delta are poor- Don’t believe that helping them kill their baby is going to help the poor  Clinic- informs about how to care for a baby and prepare. They don’t refer to abortions  Legislative efforts: get states to regulate and find ways to make sure the clinics are equipped to give aboritons. Make sure that the women’s health are protected., location of buildings, size of hallways, etc. (Americans United for Life)  Trap bills: Targeted regulation of abortion providers  Clinic doctors must have a way for woman to be admitted in hospitals to get abortions- many ppl are against this… -advocates abortions  Clinic required to have transfer agreements with hostpitals for emergency transfers.  Believe abortions would be safer in hospitals. They know that isn’t going to happen: in a way they are actually against abortions.  Doctors that give abortions, abortion supporters: harrassed  ▯ Exam: Monday (bring pencil and 882-E scantron ▯ ▯


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