PUBLIC POLICY – the actions by government to achieve a goal. It determine  who gets what, when, and how with what results.

What are the actions by the government to achieve a goal. it determines who gets what, when, and how with what results?

So, the laws that regulate the American economy, social issues, and even  political participation are examples of public policy.  

PUBLIC POLICY IS OFTEN DIVIDED INTO 5 STAGES (IDEAL MODEL OF THE  PROCESS)

∙ Identifying the problem.  

∙ Placing the problem on the agenda of policy makers.

∙ Formulating a solution.  

∙ Enacting and implementing the solution.

∙ Evaluating the effectiveness of the solution.

This process doesn’t always unfold neatly!  If you want to learn more check out Does high tide mean the tide is in?

WHO DEALS WITH THOSE ISSUES?  

- Congress

- President

- The executive branch agency that deals with the issue

What are the five stages of public policy?

- The courts

- Political parties

- Interested groups, and interested citizens.  

DEMOCRACY AND THE AMERICAN CONSTITUTIONAL SYSTEM

WHAT DOES DEMOCRACY MEAN?  

- System of the government in which the supreme power is vested in the people and exercised by them either directly or indirectly through  elected representatives. – that  

Means rule by majority.  

WHAT IS MAJORITY RULE?

 - Idea that a numerical majority of a group should hold the power to make  decisions binding on the whole group; a simple majority.  

JOHN COTTON, 1644

-Leading clergyman of colonial period.  

- Declared democracy “ the meanest and worst of all forms of government.”

What does democracy mean?

EDMUND BURKE

- A British political philosopher and politician

- Wrote that “ perfect democracy is.. the most shameless thing the  world.”

WHY DOES THE CONSITUTION MATTER?

∙ Constitution – body of fundamental laws which say how a government  is to operate Don't forget about the age old question of What is the role of theory in research?

o It is the supreme law of the land  

o It explains how the government works

o It protects your civil rights  

BRITISH CONSTITUTION  

∙ Set of documents starting from Magna Carta 1215

o Define rights of people, limits the power of kings

∙ Glorious revolution of 1688 parliament assert the power to suspend the law, to levy taxes and maintain a standing army

∙ By the 18th cc British citizen were guaranteed some certain rights  AMERICAN CONSTITUTION

∙ Political consensus embraces a commitment to  

o Individual freedom  

o Democracy  

o Equality of opportunity

o Rule of law  

∙ The constitution is a political covenant

∙ Sets general parameters of government and defines citizens’  relationship to government  

ESTABLISHMENT OF COLONIES

∙ Declaration of independence 1776 Don't forget about the age old question of Is the atomic number the number of protons?

∙ Adoption of constitution 1787

∙ Colonies established for economic reason for European powers need  for raw materials and consumer market  

∙ Many European moved here for economic opportunities and religious  freedom

∙ Calvinist Protestants- puritans-moved to Plymouth  

∙ Acc. To Tocqueville Puritans provide moral foundation of American  democracy  

o Hard work, self reliance, persona responsibility  

ESTABLISHMENT OF COLONIES

∙ 60% was English colonists but there were also Dutch, Welch, Scots and  GermansIf you want to learn more check out What type of bond is formed when electrons are not equally shared between two atoms?

∙ In the south 28% was forced slaves!

∙ May flower compact – the first written agreement for self government  in America from Plymouth colony written by pilgrim fathers. A social  contract based on rule of law and consent of males, and set up their  own government.  

GOVERNMENT IN COLONIES

∙ Power of colonial government were limited by written charters ∙ Except for Pennsylvania they had bicameral legislatures ∙ Colonial governors had broad powers like appoint judges, right to veto  legislation  

∙ Courts follow common law of England  

ESSENTIAL QUESTION:

WHICH BRITISH POLOCIES IN THE COLONIES LEAD TO DISAGREEMENTS?

NAVIGATION ACTS 1756

∙ King George III used an old law to make the colonist pay taxes on  goods shipped in English ships. The colonist responded by smuggling  goods! We also discuss several other topics like What are inputs and outputs in coding?

FRENCH AND INDIAN WAR (1754-1763)

∙ The British won the French and Indian war but had a large debt  because of it. They decide to tax the colonies for defending them in the war.  

WRITS OF ASSISTANCE

∙ The king angered the colonists again by enacting the Writs of  Assistance, which was another old law. This allowed the use of general  search warrants, which let them search anyone, anytime, anywhere.  The colonists were very angry and protested.  We also discuss several other topics like What is a numerical sequence used as a model for constructing proportion?

PROCLAMATION OF 1763

∙ The proclamation of 1763 was an act in which the king said NO! to  settling west of Appalachian Mountains. The colonists disobeyed his  orders.  

THE STAMP ACT OF 1765

∙ Placed taxes on any articles written on paper. This included  newspapers. Wills, licenses, deeds, and pamphlets.  

THE QUARTERING ACT 1765

∙ Said that colonist must provide for salaries, housing, and supplies for  British soldiers. The colonist did not agree and did not obey.  

TOWNSHEND ACTS

∙ He proposes of the Townshend acts were  

o To raise revenue in the colonies to pay the salaries of governors  and judges so that they would remain loyal to Great Britain,  o To create a more effective means of enforcing compliance with  trade regulations

o To punish the providence of NY for failing to comply with the  Quartering Act  

o To establish the precedent that the british parliament had the  right to tax the colonies

∙ The Townshend act (1767) were met with resistance in the colonies,  prompting the occupation of boston by british troops in 1768, which  eventually resulted in the boston massacre of 1770.  

∙ As a result of widespread protest in the American colonies, parliament  began to partially repeat the Townshend duties. Most of the new taxes  were repealed, but the tax on tea was retained.  

BOSTON TEA PARTY

∙ Seeking to boost the troubled east india company, british parliament  adjusted import duties with the passage of the tea act in 1773. While  consignees in Charleston, new York, and Philadelphia rejected tea  shipments, merchants in boston refused to concede to patriot pressure.

∙ On December 16 1773, sam adams led a group of patriots disguised as Indians on a raid of british ships docked in boston’s harbor.  ∙ They dumped the cargos of tea overboard.  

NO TAXATION WITHOUT REPRESENTATION

∙ Samuel adams mobilized against Townshend act

∙ Colonist demand to participate in political decision

∙ Brits seized a ship belonging to john hancock and send more soldiers ∙ Boston massacre of 1770-brits killing 5 colonists and wounded 6 ∙ The boston massacre is remembered as a key event in helping to  galvanize the colonial public to the patriot cause.  

THE INTOLERABLE ACT OF 1774

∙ Punished boston for the tea party. It closed the harbor until it was  cleaned up, self government was denied in massachussetts, and the  quartering act was enforced.

∙ The intolerable acts represented an attempt to reimpose strict british  control over the American colonies, but, after 10 years of vacillation,  the decision to be firm had come too late. Rather than cowing  Massachusetts and separating it from the other colonies, the  oppressive measures become the justification for convening 1st continental congress to decide their plan of action.  

CONTINENTAL ARMY

∙ The 2nd continental congress established a continental army that was  commanded by George Washington  

∙ This organized by militia into an official army

1st AND 2nd CONTINENTAL CONGRESS

∙ Met to decide what to do now

∙ 1st in 1774, 2nd 1775.

∙ 2nd congress acted as the national government and approved  declaration of independence  

AMERICAN INDEPENDENCE

∙ The revolutionary war began in 1775 ended officially 1783 ∙ 1776 first continental congress in Philadelphia trying create unified  position for the colonies

∙ division between radicals and moderates on separation from Britain  ∙ are they going to fight as Englishmen for their rights or are they going  to see independence?

∙ “a continent could not be perpetually governed by an island” Thomas  paine  

GLOBAL IMPACT OF AMERICA REVOLUTION

∙ It change what people though was possible  

∙ Proto type of war of independence for colonized world

∙ The relationship between the state and the individual had changed.  Before individuals were only subjects. Created a republic with free  individual citizens with rights not just obligations

∙ French revolution inspired by American revolution and both served as  model for many non-european countries. End of the monarchies, rise of nationalism and ww1  

THE CAUSES AND CONSEQUENCES OF THE AMERICAN AND FRENCH  REVOLUTIONS

AMERICAN CUASES – POLITICAL  

∙ Disliked the lack of political control over their land

∙ No taxation, no representation

∙ The colonists wanted to have members in the parliament or their own  decision making bodies in the colonies.

∙ The british govt. refused to compromise and can not satisfy the  concern of the  

AMERCAN CAUSES – ECONOMIC

∙ The british govt. had huge debts than to wars.  

∙ The largest causes of the revolt was taxes

∙ Raises in taxes  

∙ Boycotts and protests further weakened britain’s trading in the  colonies  

FRENCH AND AMERICAN CAUSES INTELLECTUAL  

∙ The enlightenment heavenly influenced the American French  revolution.  

∙ Using scientific method to understand human behaviors thinkers began to challenge traditional viewpoints on religion and politics

∙ John locke believed that govts. Were created to protect life, liberty, and property. And if they did he believed that the people had a right to  rebel.  

∙ Enlightenment thinkers works were popular with the middle class in the us and france and their ideas were instrumental in beginning change.  

FRENCH CAUSES – POLITICAL  

∙ Absolute rule under Louis XIV had descended upon Louis XVI.  ∙ Few were satisfied with the kin’s rule.

∙ Led by the middle class lawyers and merchants, people began to call  for political reform.  

∙ Unable to gain reform, they moved towards revolution by declaring  themselves the National Assembly.  

FRENCH CAUSES – ECONOMICAL  

∙ Serious economical crisis that the nobles refused to solve by paying  taxes.  

∙ The government was broke, people were starving.  

∙ Huge income inequality- 97% of the population shouldered the  financial burden and refused to continue.

∙ Bad harvest and starvation spurred them on.  

∙ Years of costly wars and extravagant government spending left the  French government on the verge of bankruptcy.  

COURSE AND CONSEQUENCES

∙ With the fewer class issues to keep them apart, the colonists of the  American revolution are able to unite against foreign power and be  successful in creating and enduring democracy.  

∙ The French, on the other hand, are marred by the lack of unity and an  inability to solve the crucial economic, political, and social concerns.  ∙ The French revolution lasts from 1789-1812 and in the end the  congress of Vienna reinstates the monarchy under Louis XVII.  ∙ For 23 years, chaos has ruled France and the end they have little to  show for it. Thousands have died and little change actually occurred.  

THE DECLARATION OF INDEPENDENCE  

∙ Was drafted by Ben Franklin, John Adams and Thomas Jefferson. ∙ The main author was Jefferson, and he actually wrote the 1st copy.  

What does it declare?

- All men are created equal.

- Asserted the right of revolution.

Adaptation of Locke’s “Two Treaties of Government.”

- Life, liberty and pursuit of happiness.

- Essential ideas come from British enlightenment.

AFTERMATH OF AMERICAN INDEPENDENCE  

∙ At first the started to fight 13 independent states fight for freedom.  ∙ Now 13 states tried to become one nation.  

∙ After signing declaration od independence in the 1776, 13 American  colonies had identity crises.  

∙ The governing body was continental congress. 1777, the united  colonies by article of confederation.

∙ The aim was not to create a strong central body but interaction  between colonies. The articles were for the matters that concern all the 13 colonies.  

∙ Domestic matters of the states were left to the states.  

THE ARTICLES OF CONFEDRATION AND THE PERPETUAL UNION

∙ 13 sovereign states as sovereign entities.

∙ All 13 states established its own constitution and political institution.  ∙ Minimalist national government.

∙ Congress was uncriminal.

∙ A super majority of 9 states were needed to adopt any significant  measure.

∙ Congress lacks the power to tax.

∙ Massive war debt.

∙ States can issue their own currency and have separate economic  measures (tarrifs/quotes).

ARTICLES OF CONFEDERATION

∙ Confederation has no central power, some states did not even show up to vote.

∙ No president.

∙ States has developed their own foreign policies.  

∙ No national court system.

∙ 1786 Shays Rebellion.  

SHAYS REBELLION  

∙ Massachusetts wanted to pay back war debt in 3 years by raising  property taxes while trade merchants saw little or no change in their  taxes.  

∙ Unpaid taxes led to debtor’s court and seized property.  ∙ Meanwhile, judges, lawyers, and merchants made money from the  auctioned property.  

∙ Merchants in the eastern cities made money by re-establishing  overseas trade bustling businesses.  

CONFRONTAION – JANUARY 25, 1787

∙ Capt. Shays led 1400 men towards Springfield, with the object of  obtaining weapons and heading for Boston to overthrow the  government.  

∙ General Lincoln with a militia of 4400 men, paid for by wealthy  merchants of Boston, was approaching from the east.  

AFTERMATH OF SHAYS REBELLION  

∙ Shays rebellion reinforced the fears of national leaders about the dangers of ineffective state government and popular democracy out of control.  

∙ In this climate of crises, a call was issued to meet in Philadelphia to correct defects in the Articles of Confederation.

∙ Delegates to Philadelphia convention were instructed to propose revisions for the articles of confederation, but they wrote an entirely new constitution instead.

THE CONVENTION

∙ 1787 - Philadelphia.

∙ Aims were to change the articles of confederation to make it work more efficiently.  

∙ Elected Washington to preside over convention

∙ Secret sessions were held.

∙ Agreed on:  

- popular sovereignty.

- Representative government (inspired by Roman Republic not Athenian democracy/ no direct democracy but republic).

- Limited government (provide national defense, settle disputes among states, legal climate for interstate commerce)

- Rule of law.  

MAJOR ARGUMENTS DURING THE CONSITUTIONAL CONVENTION

1. REPRESENTATION OF LARGE AND SMALL STATES:

- Large and small states argued over how their state would be represented.

- Large (population) states felt they should have more say (power).

- Small (population) states felt they should have equal say (power).

 Results:  

- Two plans were proposed.

. Virginia Plan.

. New Jersey Plan.

- The debates over the issue of representation het so heated, the convention almost ended.  

A. VIGINIA PLAN:

Favored the large states.

Each state would be given a number of votes / delegates based on  their sates’ population.

Proposed by James Madison of Virginia.

Strong central government.

Bi cameral legislature- lower house elected by people, upper house  elected by lower house.

Legislature could veto states laws.

National executive and judiciary chosen by the legislature. B. NEW JERSEY PLAN:

Favored the small states.

Each state would be given the same number of votes / delegates  regardless of their sates’ population.

Proposed by William Peterson of New Jersey.

The aim was strengthening the Articles by giving Congress the power  to regulate commerce and tax

National executive chosen by legislature and judicial chosen by  executive.

A. SOLUTION = THE GREAT COMPROMISE:

Used parts of both the Virginia & New Jersey plan.

Connecticut Compromise:

Set up bicameral (two-house) legislature.

Proposed by Richard Sherman of Connecticut.

Lower house by proportional to population, upper house have some  amount of representation for each state.

2. Slavery:

Some delegates from northern states wanted to abolish the slave trade and slavery.

Many delegates from southern states threatened to leave the union if  the slave trade or slavery were abolished in the U.S.

Results:

The word slavery does not appear in the constitution.

Delegates agreed that:

The slave trade would not be discussed in the congress until 1808. A $10 tax would be placed on the importation of each slave. Runaway slaves would be returned to a state of slavery.

*Slavery was formally abolished with the ratification of the 13th  Amendment (1865).

3. REPREENTATION OF THE SLAVE POPULATION: Southern states wanted to count their slave population toward  representation.

Southern states would get more delegates in The House of  Representative & have more electoral votes of the presidency. Northern states did not want the slave population counted Results: 

Solution = The 3/5’s Compromise:

Every 5 slaves counted as 3 free people for both taxation and  representation.

Without the 3/5’s Compromise, Thomas Jefferson would not have won  the election of 1800.

4. FEDERALIST-ANTI-FEDERALISTS

A debate thus ensured, between the Federalists led by Alexander  Hamilton and James Madison, and the Democratic Republicans, led by  Thomas Jefferson and Patrick Henry.

Over how much power and authority to give congress and to the other  central branches of the new government.

Hamilton et al argued that a strong central government would be  essential to the nation’s survival and prosperity.

While his opponents insisted that most of the nation’s power should  rest within the state and local government.

By 1878, a sort of compromise was worked out that resulted in  constitution and its first set of amendments. The bill of rights. The founders were justifiably proud of their historic achievement, but  unfortunately that tension between federal and state power would eventually push the nation into Civil War.

The Federalists and Anti-Federalists

Position of the :

Federalists

Anti-Federalists

Constitution

In favor

Against

Articles of conf.

Abandoned

Amended or fixed

Power of the states

Curb power of states by a central government.

States power is highest

Bill of Rights

Saw no need, state

constitutions already gave a bill of rights.

Lack of a bill of rights was a threat to liberties.

Size of the Republic

Large was best.

Small was best

Who supported

Majority was wealthy, but common citizens also.

Small Farmers &

debtors.

THE BIRTH OF POLICAL PARTIES: THE PLAYERS

Federalists

Anti -Federalists

Alexander Hamilton

Thomas Jefferson

Beliefs in Government:

Beliefs in Government:

Rule by rich and well educated

Rule by everybody

New government should favor merchants, manufacturers, and lawyers

New government should favor farmers, artisans, and poor classes

Strong central government with a strong president

Weak central government power given to the states to reflect individual interests

Favored industry

Favored agriculture and farming

Centralized banking and create debt spending

Low taxes, small tariffs

Loose interpretation of the

constitution

Strict interpretation of the

constitution

The North

The South

SIGNING OF THE CONSTITUTION

On sept 17 1787, 39 delegates representing 12 states signed it.

THE

The constitution of the US, excluding the bill of rights, went into effect  as the governing body of the US on June 21, 1788 when New Hampshire  became the ninth state to ratify it.

Not a detailed document but a structure, basic institutions, principles  and prohibitions.

The first three articles are known as distributive articles define  legislative, exclusive, and judicial branches.

Article I- granted all legislative power to congress to the US. Article II- exclusive power. President serves as commander in chief,  make treaties with foreign nations with foreign nations with the consent and  advise of the senate, appoint ambassadors and judges with consent and  advice of the senate (2/3 of the senate)

Article III- Judicial Power. One Supreme Court.

Deficiency in the Article of  

Confederation

Remedy in the Constitution

Legislative branches could not  regulate commerce

Congress can regulate commerce  “among the states”

Legislative branches could only  request taxes from states

Congress can directly raise taxes  individuals

Approval of nine of thirteen states  needed for passage of major  

legislation

Approval of majority of both  

legislative chambers needed for  passage of all legislation; a two thirds majority needed to override  presidential vetoes

No permanent executive branches

A “president of the US”

No permanent Judicial branches

A Supreme Court plus other inferior  courts that congress can establish

Unanimity for constitutional  

amendments

Approval of two-thirds of each  chamber plus three-fourths of the  states

Few limits on state authority, mostly  over foreign affairs

States limited in foreign affairs, plus  could not suppress certain rights  through bulls of attainder, ex post  facto laws, and so on

WHY ANTIFEDERALISTS OPPOSE THE CONSTITUTION: ∙ Federal government would inevitably consolidate its authority over the  state government as national law was supreme.

Hamilton answered sovereignty belongs to people not federal  government. People can propose a new form of government. ∙ No term limits on presidency. President could turn into a monarch.  Pardoning power of the president can be abused. P. can grant pardons  to criminals who support him

Hamilton responded by saying that P. can be impeached, have no limited veto power.

PRINCIPLES OF THE CONSTITUTION:

∙ Check and Balance- A political system in which branches of  government have some authority over the actions of the other  branches.

∙ Limited Government- the idea that government is not all powerful, but  can only do what the people allow it to.

PRINCIPLES OF THE CONSTITUTION:

∙ Federalism- the division of power between a central government and  states

National level

State level

Local level

∙ Popular Sovereignty- the people rule. The power of the government is  based on the consent of the governed.

∙ Separation of powers- the division of the government into three  separate branches: Executive, legislative, and judicial.

THE AMENDAMENT PROCESS:

∙ 2/3 of both houses of the congress approval and then ratification by ¾  of the states.

∙ 2/3 of the states call for constitutional convention. Amendment would  go into effect when approved by 3/4 of the states

END OF CONFEDRACY  

∙ In the articles of confederation national government was too  weak, and the states has too much power.

∙ So how could you build a central authority that could get stuff  done, without so weakening the states that people grew alarmed  over the threat of tyranny?  

∙ Maybe even more than that, they had another similar question:  WHAT WILL THE NATIONAL GOVERNMENT DO, AND WHAT WILL  THE STATE DO? WHAT RESPONSIBILITIES WILL EACH HAVE .. AND  HOW WILL WE KNOW?  

What's the PROBLEM?

The framers of the constitution had a problem!!

How to create a strong central government with sovereignty, without taking  the sovereignty from the states?

--- Federalism  

WHAT IS FEDERALISM?

∙ It is a form of government in which a constitution distributes  powers between central government and subdivision  

governments.  

∙ The national and sub divisional governments both exercise direct authority over individuals.

∙ Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United states.  

OTHER SYSTEM TYPES

∙ Confederal system

- Powers rests primarily with regional entities league of  

independent governments  

- First US government under the articles of confederation.

∙ Unitary system: National government has ultimate control over all  areas of policy  

- Found in majority of countries, England and France.

WHY FEDERALISM  

∙ States feel the need to unite  

o Create military power against common enemy.

o Common identity of being American  

- However, American has strong commitment to their states  too. So, not possible to eliminate states.

The Original states already existed at the time of the revolution.  The states created the federal government, not the other way around.  

HOW THE CONSITITUTION INSTITUTES THE FEDERAL SYSTEM  

∙ Constitution lays the framework of US federal system.

∙ Constitution grants specific powers to federal and national  government.

∙ Constitution also set limits to those powers

∙ Constitution lays out relationship among several states and between  states and federal government.  

Government under US constitution (federation) – 1789.

The federal union is a union of people. The national and state government  receive power from the people and exercise authority directly over them.  

FEDERALISM

The constitution created a system of government in which power is shared  between central government and state government.  

Delegated Powers:  

Powers that belong only to the federal government ( coin money, declare  war) – Article I  

Reserved Powers:

Powers that are reserved to the states. ( regulate licenses, public education,  running elections)  

Concurrent Powers:  

Powers that the federal government and the state governments exercise at  the same time. (taxation).

CO NSTITUTIONAL DIVISION OF POWER DELEGATED POWERS

∙ Express powers stated in the constitution  

- 1- delegated powers (enumerated powers). – The  

constitution explicitly gives legislative, executive, and  

judicial powers to national government.  

∙ National supremacy- Article VI of the constitution mandates that  actions by the national government are supreme. Any conflict between  a legitimate action of the national government and a state will be  resolved in favor of the national government.  

∙ War powers  

∙ The power to tax and spend (federal Mandates)

∙ The power to regulate interstate commerce (commerce Clause). OTHER CONTITUTIONAL POWERS OF THE FEDERAL GOVERNEMENT  

2- Implied powers – allows the national government to make discisions that fall outside the delegated (expressed) powers.  

Necessary and Proper Clause (elastic clause)

Constitutional authorization for congress to make any law required  carrying out its powers. – Congress can make any law to carry its  enumerated power. Internet, endangered species.. etc  

3- Inherent Powers – powers that are necessary for a branch of  government to get its job done.

Inherent Power of the president – article II of the constitution specifies  relatively little about the role of president in the United States. However, it  specifies that the president must ensure the laws are faithfully executed.