Pols Feb. 2nd Sunday, February 5, 2017 10:14 PM The U.S constitution(1787) • Attempts to design a limited self government • Limited government- protected liberty • Self government rule by the people • Sometimes conflicting Why limited government • Leaders are not angels(federalist No.51) • Human nature is self inherDon't forget about the age old question of What was the conflict between the large and small states and how was it resolved by the Great Compromise?
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ited(federalist No.51) • "the mischief of factions" • Especially majority factions like parties( federalist No.10) • Suspicious of majority rule • Factions- groups of people who come together around a shared interest How is government limited • Denials of power • No ex-post facto laws • Habeas corpus • Constitutions difficult to amend Grants of power • Congress is enumerated or expressed powers • But necessary and proper clause • Check with power • Separation of powers (No.51) • More like separate institutions sharing power • A defense against tyranny • Ex. Pres trump signed executive order banning certain immigrants from U.S then a federal judges issues a stayFederalism • States have some power(federalist No.51) • The bill of rights(1791) • Individual civil liberties • Things government cannot do to us • Judicial review- not in constitution marbury vs madison(1803) • Judiciary can decide whether government can decide whether Gov. Acted constitutionally • Elections- ultimate check • Constitution also attempts to design a limited self government(limited popular rule) • Founders feared tyranny of the majority How is popular rule limited? • Democratic republic • Constitution is a republican remedy for the excess associated with democratic rule, indirect rule through representatives • Limits the power of the majority to safeguard minority rights and interests • Trustee, not delegate representation • Trustee- members of congress elected to use their own judgment in how they vote and act behalf of those elected them • Delegate- members of congress are elected to closely follow the wishes of those who elected them when they vote and act as your representative Chapter 3 02/08/17 Monday, February 13, 2017 11:26 AM The progressive era direct democracy • California is the model • Rejected idea of trustee in favor of delegate • Initiatives- citizens • Referendum-legislature • 17th amendment (1913) election of senators • Primary election- most significant reform- took selection of candidates from parties Chapter 3: federalism • Federalism- the balance of powers and responsibilities between the federal government and the states • Federalism result of political bargaining balance has changed over time • Other types: unitary (national sovereign) confederacy( states are sovereign) Constitution establishes federalism • 17 enumerated powers • Implied powers "necessary and proper clause" or elastic clause • Supremacy clause (art.6) • Constitution and law of US are supreme laws of land What about the states • Anti-federalists demanded constitutional amendment to protect states from encroachment by the federal government The 10th amendment • "the powers not delegated to the united states by the constitution, nor prohibited by it to the states are reserved to the states respectfully or all though people" • States powers thus called reserved powers • Still a vague concept • So, federalism changes over time National, state and concurrent powers National powers • National defense • Currency • Post office • Foreign affairs • Interstate commerce State powers • Chatter local governments • Education • Public safety • Registration and voting • Interstate commerce Concurrent powers • Lend and borrow money • Taxation • Law enforcement • Charter banks • Transportation 3 stages of Federalism 1. do whatever it takes to keep the union together- both national and states rights: 1789-1865 2. Dual federalism AND Lassiez faire capitalism 3. Cooperative federalism: 1937-tofay federalism always changing and evolvingFebruary 6th Monday, February 6, 2017 1:05 PM How is popular rule limited? • Different methods of selection • Staggered elections create different terms of office • Different constitutioncies (two people you rep.) • Rejection of direct democracy (the people vote directly) • Impossible to replace the elected government in one election • Founders created the government to avoid direct democracy The expansion of democracy Jefferson democracy • Champion of common people (moves toward more democracy) • The revolution of 1800 jefferson vs adams • The divide in government (republican/democrat) The era of jacksonian democracy • Champion of ordinary citizens • Presidential electors selected through popular vote • Fix electoral college, the ties between popular vote and electoral are not direct • Persuaded states to abolish property ownership to vote • Must own property to vote, was not supported which lead him to each state campaigning for it • Replaced "king caucus" with partly nominating conventions(1832) • Was the process In which the parties choose who ran for pres. • promoted "rotation of office" when president wins their politicians will move into office with them • Grass roots political party • -was built from the ground up • Powerful means of collective influence• Majority opinion more easily translated into public policy • Jacksons' most significant contribution to the expansion of democracy The era of jacksonian democracy continued • After 1840's, party bosses + political party machines • Bases worked with business to block regulation of trusts • Bosses used corporate money to elect favored candidates The party bosses ran who was elected 1. Bosses 2. Elected corporate America very abrupt 3. Voters funded the machines The expansion of democracy • The progressive era: early 1900's • The era that went after the system (corporate machines) • Tried to break the machines • Rejected idea of trustee in favor of delegate • initiatives- citizens • Referendum- legislature • The 17th amendment (1913) direct election of senators • Primary election- most significant reform • Took selection of candidates from parties Federalism Monday, February 13, 2017 11:43 AM In the news: federalism • Oroville dam: emergency spillway failed yesterday • 185,000 people evacuated • Roads closed from Durham to Yuba city • Public and private establishments closed • Extensive flooding Federal • Army corps of engineers • National guard • National weather service and NOAA State • CA department of water resources • Southern California water districts • CAL fire • Highway patrol • Caltrans Local • Butte county sheriff, government • Butte office of emergency services, Oroville • School district • Butte county office of education • Butte college The stages of federalism: An indestructible union(1789-1865) • The nationalist view and the states rights viewNationalist view( McCullough vs. Maryland 1819 • Implied powers • U.S power to tax, borrow and regulate currency, implied powers to establish national • (Hamilton and Jefferson disagreed) • Supremacy power to tax bank The states rights view • John C. Calhoun of S.C • The doctrine of Nullification The Dred Scott Decision(1857) • 6 justices said slaves are not property, not citizens • As property slaves could not be made free by virtue of place of residence • Led to split of democratic party in 1860 • 2 dems ran for president Stephen Douglas for north and John Breckenridge for the south • Republican Lincoln won 1860 election with 40% of vote • Lincolns election prompts southern states to secede • Civil war- nationalists States of federalism II: dual federalism and Laissezz Faire Capitalism( 1865-1957) • Dual(layer cake) federalism • The idea that a precise separation of national and state authority was possible and desirable 14th amendment(1868) • No state shall deny "life, liberty, or property without due process of law, nor deny to any person the equal protection of the laws • Designed to protect citizens especially blacks, from discriminating actions by the state governments • A new focus on equalityPlessy vs. Fergusson(1896) • "separate but equal" ruling • "if only one race be inferior to the other socially the constitution cannot put them on the same place • Allowed southern states to segregate races and undercut 14th amendment Judicial protection of business- Laissez Faire capitalism • Industrial revolution- large firms exploited markets and worked neither level of governments regulated business activity • 1886 supreme court rules- corporations are persons under 14th amendment Federalism continued Wednesday, February 15, 2017 8:28 PM Judicial protection of business- Laissez Faire capitalism • Industrial revolution- large firms exploited markets and worked neither level of governments regulated business activity • 1886 supreme court rules- corporations are persons under 14th amendment Supreme Court narrowly interpreted commerce clause Hammer v. Dagenhart (1918) • 1916 federal act banned interstate shipment of goods produced with child labor •Court invalidated law (judicial review) citing 10th Amendment -- only states could regulate factory practices, BUT . . Lochner v. New York (1905) • Court prevented state from regulating labor practices b/c business property rights protected under 14th Amendment. The Stages of Federalism III: National Authority Prevails (1937 - today) The Great Depression people turned to federal government • At first, Supreme Court ruled much of New Deal economic recovery unconstitutional, BUT . . . Switch of Supreme Courtʼs views . . .• FDR proposed “court packing” plan “switch in time saves nine” • resulted in great expansion of national authority - more focus on equality • For example . . . Garcia v. San Antonio Transit Authority (1985) • state and local governments must pay federal minimum wage and overtime (commerce clause). Federalism Today -- since 1937: Cooperative (marble cake) Federalism • national, state & local governments work together to solve problems • for example: Medicaid, Homeland Security, emergency management Fiscal Federalism • Federal gov has superior power to tax and borrow - you can move from state or local to avoid tax. • Federal funds run through state and local governments via federal categorical and block grants to states and locals Devolution: shift of power & responsibility from fed to state governments. • Especially since 1994: GOP Revolution. • But national authority & unfunded mandates • No Child Left Behind • Homeland SecurityWeek 1 Wednesday, January 25, 2017 10:09 AM Politics • Politics- the process through which society settles its conflicts and allocates resulting benefits and costs • Politics determines who's values will prevail • Those who prevail will have power • The distribution of power affects who wins and who loses in policy decisions Sources of political content • Scarcity of resources • CA water storage • Difference in values • The abortion debate Authority • The recognized right of officials to exercise power • Checks on government power in US • Division of authority- checks and balances • Fragmentation of governing authority-separation of powers • Popular sovereignty- elections Rules of the game in U.S Politics • Democracy- in US implies majority rule, also empowers groups(pluralism) and officials(authority) • Constitutionalism- lawful restrictions on government's power, insures rights and freedoms of minority • Capitalism/free market- separation of political and economic spheres What is Socialism?• Government has significant role overall • The economy • Owns some major industries • Provides minimum standard of living for all • US is a mixed economy capitalism + socialism Theories of power: who Governs? • Majoritarianism- majority rule • Pluralism- society's interest served through activities of groups • Elitism- rule by wealthy and influential; corporate power extensive in US • Bureaucratic rule- rule by appointed(not elected) officials Policy- • decision of government to pursue a particular course of action • The public policy process • Problem recognition- conditions in society become seen as policy problems • Policy formation- a policy or program is formulated or adopted • Policy implementation- adopted policy put in place and evaluatedWeek 2 Monday, January 30, 2017 3:31 PM Town Hall Assignment info • Opens Wednesday february 1st at 9am • Closes Monday feb 13 at 12pm Sources of U.S ideals • Thomas hobbes- levithan(1651) • Surrender freedom instate of nature to government of protection The social contract • John Locke- second treatsie on civil governemnt (1690) • Natural inalienable rights reatined under government • Jean Jacques Rousseau -social contract (1762) • People are soverign • Government by consent of the governed Declaration of independence • Call to revolution based on especially on Lockes Ideas Articles of confederation • 9 of 13 required to pass legislation • Amendment by unanimous approval of 13 states • With no power to tax, could not maintain military • Weak central authority- no president, no judicracy Collapse of Articles of confederation • Shays rebellion(1786) • Fear of anarchy widespread • 5 states called for constitutional convention to "revise" articles Constitutional convention 1787 • The great compromise • VA(large state) plan size determines congress size • NJ(small state) plan all equal• Bicameral legislature with different modes of representation • House of reps based on state size • Senate used equal representation Great compromise was great extortion • Equal representation in the senate • Us senate: most malapportioned -legislative body in any modern democracy in the world • Small states would not join unless equal representation • Not really a compromise ; large states got nothing and opposed because violated principles of equity and majority rule U.S Senate small state advantage • Senators representing minority of us have undo power • 4 state (NY,TX,FL,CA) have 26% of population but only 8 of 100 senators North-South Compromise • Tax imports not exports • No laws to end slavery until 1808 • States must return runaway slaves • 3/5 compromise for taxation and representation Ratification • ignored instructions to revise articles • The federalists • -federalists papers vs. anti federalists