Constitution POLS 1101 096
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This 15 page Class Notes was uploaded by Aashika Kushwaha on Friday September 18, 2015. The Class Notes 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 32 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: 09/18/15
Constitution In the beginning everyone was happy they were trying to start a new country British started created taxes the Acts which causes a lot of problem because Taxation wo representation No one got a say about these taxes couldn t even determine whether these taxes even mattered taxed by ppl that don t even represent us the British these acts ONLY apply to the cooniesnot everyone else NOT FAIR Stamp Act rst direct tax to American colonists required printed materials to be taxed goes to London MADE IN BRITAIN everything paper material was taxed all entertainment is taxed because Facebook emails don t exist paid in British currency not in colonial money paying for troops no military need for those troops because there were no foreign enemies PAY FOR SOMETHING THAT DOESN T EVEN NEED TO EXIST important because colonies uni ed to work together to go against the British They believed that they were being treated differently by their own gov Responses Sons of Liberty was created agreed not to import British goods boycott this is a collective action problem because most ppl probably wont participate because most of their resources were from Britain 1766 repealed Stamp Act Declaratory Act Parliament could make ay laws binding the American colonies 1767 Townshend Acts Parliament taxes glass lead paint paper and tea ppl needed those things Affected ppl directly 1770 Boston Massacre only 5 Americans were killed British soldiers defended in court by future president John Adams pic propaganda to go against your own government 1773 Boston Tea Party Poitica protest by Sons of Liberty Dumped a bunch of tea in ocean movement against British Tea Act beieved Tea Act violated rights of quotNo taxation without representationquot because at this time they were all British citizens even though they don t have any say with this gov The First Continental Congress 1774 adopted Declaration of American Rights asserted home rule endorsement of an agreement to ban all trade with Britain Trade ban was a collective action problem Home Rule Impose ban on taxes of the British country wanted to be ruled by ppl of their own ppl Declaration of Independence starteds with Thomas Paine Common Sense which helped in independence against the British paved the road to Declaration of Independence 1776 Virginia delegate Richard Henry Lee creation of new nation separate from Britain jefferson writes Declaration of Independence Geographic Location America was safer because there is a lot of distance ocean btw us and Britain hard to attack because we have time to defend America becomes independent Second Continental Congress creates new gov A of C highly centralized with permanent Congress each state received one vote Major laws required 9 of 13 votes from states takes forever to decide on anything 0 A of C union btw states 0 Each state can govern itself sovereignty nothing was delegated States are a rm league of friendship which means that we are just agreeing to not ght with each other 0 Basically the States act like they are their own country 0 Power reserved to recall its delegates Each state has its own taxing power Each state has one representative These 50 representatives make up the whole federal gov INEFFECTIVE Article 11 Canada could have been part of the Union because all the staTes are just friendsbasically it was like anyone could join in THE WAR EFFORT UNTHER THE A OF C 0 States even complained about the A of C Willing to sacri ce for the war but only if every other state does their part THE WAR ENDS 0 American wins the war Gov owes millions of in debt but there is no enforcement mechanism so no way to agree on this Gov couldn t force states to pay taxes STATES AGREE TO CHANGE A OF C 0 Virginia Plan rewrite A of C I introduced by Edmund Randolph Elected Washington to preside over the meeting 0 New constitution bicameral legislature Lower chamber elects members of upper chambers Manage states laws 0 Can veto state laws New Jersey Plan 0 Single house chamber with equal representation for each state Leg Can levy and veto state legislation Great Compromise Each state has representation 0 Big staets House of Reps elected by pop 0 Senate equal representation for smalls states Article 1 0 Section 1 house and senate Section 2 House eected every two yrs rep based on pop Section 3eected every 6 years VP is president of Senate Try impeachments Section 4states run elections Section 5 determine rules and proceedings make laws Section 6 Taxes Section 7 raising revenue bills passed by house and Senate veto and override by 23 vote Section 8 make all laws necessary and proper elastic clause coin money declare war rule over DC Section 9 end slave trade not before 1808 habeas corpus ex post facto laws Section 10 States CANNOT Coin money impose tariffs enter into war Designing the Exectuive Article 2 Hamilton wanted president quotelected for lifequot at one end and the existing model at the other Comprimised btw nationalists electoral college Framers checked executive powrmostly through Senate President able to veto Article II executive Section 1 terms electoral college Section 2 commander in chief pardons treates 23 Senate agreement Appointments and nomination Section 3 State of the Union Section 4 Impeachment Designing the Judiciary Convention spent little time designing federal judiciary Unanswered questions who appoints SCOTUS Shoud lower fourts be created by federal or should states vcourts handle all cases Articles 3 Section 1 one SCOTUS and inferior courts Section 2 hadndled federally judicial power cases dealing with Constitution ambassadors vs US two or more states dilemma suing someone from another state state and citizen of another state Section 3 Treason Need two witnessesFramers recognized to surrender some autonomy to a central agency this is important for trade and foreign policy article 4 section 2 Federalist Papers see ppt Whether we should have Constitution decided by the ppl not the states Main argument against Rati cation James Madison B of R worried about what gov could do or take away from us antifeds believed gov had too much power we can add more rights other than B of R First amendment of size of legislature never rati ed can get as big as it wants 2nol amendments AntiFeds want small central gov size of new republic country is big will a republican gov ber able to manage this vast country Should just let the states take care of their own ppl so no one is neglected Will gov be able to in uence powers in states far away from capital Debate over district size Federalists large distance is a positive factor Representatives would get support from ppl all over not just one state only men of quotability and virtuequot could win a large district NOT TRUE NOW FEDERALIST PAPERS essays for rati cation of Constitution written by Madison Hamilton and jay Used to interprest intentions of Founding Fathers WHY IS IT IMPORTANT s this constitution going to work Federalist papers convince ppl of NY to agree to Constitution that was written a year earlier Published in NY because NY was a center of commerce population economy Major culturalpopulation center would help get a yes from everyone else if NY say yes THE DEBATE Fed supported Constitution AntiFed opposed strong central gov FEDERALIST No 10 Factions tyranny of the majority group of citizen that unite for some common interest against bene t of country overall collective action COMMON SOURCE of faction Unequal distribution of property aso debtors vscreditors some ppl have property some do not Madison tries to eliminate factions can take away liberty force on common view YAY NEW N KOREA l FORCE COMMON VIEW SOLUTION Hard for Democracy because We the People hold the power SO Large Republic with lots of diverse viewpoints lnterest groups for each thing Pluralism Representatives that listen to our views and lter what can be done The Union as Safeguard against Domestic Factions and Insurrection Faction groups that want different things Ex Group of students that want lower tuition ratesetc Why is it a problem Causes violence destroys gov and societies minority rights will not be protected or represented because everyone s rights are being destroyed by these groups These problems found in A of C too Dealing witht the faction problem Deal with the causes many preferences Deal with the effect This is exactly how we approach of the policy analysis Should we deal with the cause or deal with the effect We all have different prefrences hard to deal witht hem all religious political prefreces problems with who has or doesn t have equal property BIGEST etc Ppl with a lot of money will want something different than those who only have a little money Solutions Two methods 1 Destroying liberty not solution removing what gov actually stands for 2 Give everyone the same preferences not solution its natural to disagree object of gov is to let us have choices give us rights to express what we believe in Can t force everyone to be the same These solutions are not workable in a free sociery pure democracy NO Why Republics work Republic YES representative democracy Because DELEGATION OF POWER we give up some our power to give our representative power to lter our preferences that will work for everyone Greater number of citizens Greater sphere of powersize of country 0 Madison argues for republican institutions as one part of how we control faction How do we ensure a faction central gov doesn t have too much power Federalist 51 o What is the cenra problem which Madison hopes to address 0 The partition of power is a vital concern 0 The basic problem as Madison sees is that comone may have too much power and will cause violence 0 One group will will be tyrannical over overyon e else 0 So we cam up with RULES Deal with these problems by Balancing the tree branches off each other which are ghting for power against eachother which limits powers off of each other 0 Separation of powers among the branches 0 Separation in the modes of selection for each branch HOW ARE PPL FROM EACH BRANCH ELECTED Separation of nancial ties So no branch proposes a budget that only helps one branch 0 Power to exercise oversitght ober other branches Checks and Balances Institutions are the only solution we cannot just rely on the ppl leading us some may be corrupt factoins need to be controlled in a different way because factions cannt be removed focus on the effects of factions not the causes beacsue we need these factions 0 Design of institution matters 0 U S experience is one of using checks and balances federaism protection of minority rights Federalism Federalism is the system of gov in which at least two levels of government share governing over the same people and territory 0 Compare to Confederalism whre each unit is equal A of C Confederate States of America each state rules itself Why Federalism Had tried confederalism Nedded to sort out shared and overlapping powers of states and natlgov Did this with federalism and nat l gov Supremacy clause Article IV Bene ts of Federalism Value of time and functions of gov and exercise power taxes etc 0 Local gov specialize in citizen pwers water schools police public health Creates overlapping laaysers of power in different issues This allows for multiple republics Founders and federal Prove that what new Constitution is based on was Federalism 0 Why federalism will help in collective action problesm Federalist No 9 Hamilton Federalist No 39 Madison Federalist No 9 What goes in gov Distinct departments courts checks and balances representation of the ppl voted by the citizens factions are avoided 39 Bene ts Suopress factions Provides internal domestic order no riots io Provides governing both large and small interests everyone39s opinions are heard we ca n o to local gov to share our intersts that can eventually get to federal gov to have your intersts executed 0 States agreeing to unite in a federal overnemtn for more security it was voluntary 0 Federal ststem prevents anyone from getting too powerful NO MATFER WHAT dissipation of power Federalist No 39Madison Create federal system of government What defines the federalist arument as a good system for the gov Ch a ra cter of th e govern ment Authority of Constitutional CO nve nti no Duty of the Convention to provide a good government In answering Madison illuminates the federal nature of the quotnewquot government Evidence of quot Federal characterquot 0 Process of Constitutiona ratification involves p pl voting in the states and approval of states Need each state to approve Representation is based on states not national criteria Members of the House elected from districts in States and Senators are elected from specific states 39 The mixed character of presidential elections creates a system where states retain authority I nthe selection of presidents Operation of the gov powrs is national in scope but thses operations are limited to certain issues and policies STATES IMPLEMENT THESE POLlClESbecause states provide the money for these issures by state taxes Shifts in Federalism a Much if not all plicymaking in the US Today hasd come role for fed gov 0 New Deal efforts to combat great Depression in 1930 TepDown approach to policy problems policy determined by fed gov that is forced upon state gov ex NCLB o BottomUp state policies that move to federal level ex Legalization of marijuana gay marriage Rise of the Federal Govrernment Consequence of the Great Depression and WW2 19291945 by FDR FDR s election in 1932 had dramatic shift in raid and scope of naFIQOV o Prgrams enacted as part of New Deal led to a dramatic change in the role of fed ov The Great Depression Stack market crash 31929 039 Massive unemployment in ation or Failures of banks farms enterprises ppl with not insured lose all of their money The New Deal or Public works programs Regul39aroty prgrams affecting agriculture banking Social Security other fed gov things 0 Roosevelt received from Congress authority to reorganize the executive brach via executive order not through Congressional statute because Congress normally would have taken care of on their own but instead they gave power to president if Congress would have done it on their own process would have been slow 0 All of this happens without involving SCOTUS Roosevelt and the Supreme Court SCOTUS srikes down elements of New Deal 0 FDR wanted to quotpackquot the Court with just isces supporting his ideas bl ackmailS SCOTUS will pack SCOTUS with FDR followers to his beliefs and ideas are implemented 0 The Court changed direction Constituional revolution of 1937quot SCOTUS allowing New Deal policies to go through Social ecu rity Social welfare programs were left to the states didn t happen as much during Great Depression because there was too much demand 0 Social Security Act of 1935 established retiredment insurance for the elederly unemployment compensation federal supplements to State welfare prg rams Signi cant Fed gov steps in even though staes Were responsible for this power Developments in Federalism Fed gov power before Great depression 0 National security lnternational and interstate commerce 0 Large scale prjects State power before Great depression 39 Public safety Roads education Education Social welfare Regulation of commerce and workplaces After Great depression Fed gov innovated policies affecting many areas of daily life basically Fed is more involved 0 OSHA workplace law and regulations Occupational Safety and Health Administration u SEC Regulation of business and commerce Securities and Exchange Commission SEC 0 Food and Drug Administration FDA quot Social welfare Social Security etc Chan es in the New Deal Federal government role was strengthened also by Perceptions and realities of racism by many sl gov states were still kind of being racist so fed gov had to do something about that Professionalization of the federal bureaucracy merit systems Get merit for being good and not being racistsexist have education experience etc TopDown Policy National government39s policy dominates choices and innovation of the lower levels of government The relationships btw the federal gov and the states after the New Deal are referred to as picketfence federalism NCLB etc Picketfence federalisg means that policies are maid by fed gov but states are responsible for the administration Uses the local levels to administer and deliver public policies to individuals There are between federal agencies and grantmakers and localstate level agencies that administer the same programs PicketFence Federalism Bene ts 0 Vertical alliances btw state and fed bureaucrats and agencies corporation Administered by local level to the people Policy specialization Drawbacks o Mandated action and unfunded mandates policies are made by fed gov but are not giving states to fund their policies in the state 0 Delegation and monitoring problems giving powers to ppl but its hard to monitor all of the ppl with the power ls everyone that we voted for doing their job Examples Forced by fed gov but not funding states Unfunded Mandates Education Policy eg No Child Left Behind NCLB US and State Departments of Agriculture Transportatoin policy coordination btw US DOT US Department of Transportaion and State DOT Temporary Assistance for Needy Families TANF federal passthrough to the states Fed gov takes from states gives some back states must determine how much each needy family should get Unemployment insurance payroll taxes collected nationally and then sent back to the states Ex Truckers don39t need state driver39s license Coordinating policy by US DOT regulation enforced by states but is unfunded by fed gov Policy Instruments Federalism A number of different policies are used by the federal government to get the states to participate in federal policy 0 Positive inducements carrots 0 Negative inducements sticks 0 These are ways to induce or produce collective actions Policy Instruments Federalism These include things such as 0 Fiscal inducements scal policy transfers eg Social security Medicare veterans bene ts agriculture subsidies 0 Tax incentives or tax expenditures eg home mortgage interest deduction student loan deductions state and local tax deductions Regulations Laws out in place to provide negative sanctions or induce behaviors AmericanStyle Federalism What is federalism In a federal system authority is divided btw two or more distinct levels of government In the US the division is btw the national federal gov and the states Unitary System Votersgt Central governmentgtSL gov Federation SL govgtVoterslt Central government Confederation VotersgtSL govgt Central government EXAM NEXT FRIDAY SEPT 25 need Scantron form 882E 3 exams total in this class and a penc Covers everything MAIN CONCEPTS Look over lectures ch in books quizzes mostly lectures Understand main concepts for questions such as quotWhat is Federalist 10 aboutquot quotWhat is Prisoner s Dilemma about Collective Action Problems Agenda Settings Don t need to know little details but we need to know like quotWhat year was the government most polarized Answer Highest year most future That s from understanding a graph Article 1legislative Article 2 Executive etc NO MEMORIZING only UNDERSTANDING