Popular in American Government: national
verified elite notetaker
Popular in Department
This 12 page Class Notes was uploaded by Jessica Ralph on Wednesday March 16, 2016. The Class Notes belongs to POS 1041 at Florida State University taught by Bob Jackson in Spring 2016. Since its upload, it has received 174 views.
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Date Created: 03/16/16
Madison and federalist 10 Concerned with factions specialized interest group and pursuit of selfinterest tyranny of a majority faction especially dangerous 0 People are driven by self interest quotin the nature of man to pursue sel sh interestsquot 0 How to control factions 0 Do you remove the causes How would madison view this To take away the causes of factions we would have to take away essentially all freedoms a quotcure worse than the diseasequot quotliberty is to faction what air is to firequot controls the effects 0 his jopes for what would control the effects a vast republic enabled via representation l many competing interests 0 constitutional checks on power federalist 51 evolution of US federalism federalism division of power and responsibilities between the responsibilities between the national government and state governments terms quotnational govtquot and quotfederal govtquot both refer to govt based in DC Dual federalism lasted until 19305 quot2quot distinct and important levels of govt o 1 National 0 2 State limited national government internally promoted trade and commerce 0 externally dealt with other nations several major 19th century events suggested possibility of much strgoner role for the national government 0 1 McCulloch V Maryland 1819 supreme court case congress created 2nCI national bank and Maryland doesn t want this bank so they tax Marshall says government has quotimplied powersquot through quotnecessary and proper clausequot elastic clause supremacy if national law Marshall says under the elastic clause the national government can make a second national bank and the state of Maryland cannot tax the national government 0 2 Civil War resolved supremacy of the national government doctrine of nullification john c Calhoun and leaders of SC said the states created the national government and we are more like a federation than a national government and if the national government decides on something or passes something that the states don t agree with then the states have the right to ignore this If the national government tries to do something to slavery with which states don t agree we call it null and void and nullify it within the state Later claimed to be a confederation and had the right to secede from the nation Freedom of religion Prayer in public schools Engel v vitale 1962 organized school prayer is unconstitutional Silent meditation Fine as long as no push to pray How can we teach religion in pblic schools Evolution Some controversies surrounding the quotfree exercise clausequot Doesshould govt grnt people exemptinos from the law if the law con icts with their religious beliefs and practices Wisconsin v Yoder 1972 yoder was omish and said going to a secular highschool threatened their long established religion Yoder won Employment division v smith 1990 Oregon case revolved around 2 men who were members of the Native American church who were red from their jobs and denied unemployment because they were using peyote psychedelic drug due to religion red from their jobs of drug counselors as state of Oregon Oregon won Resperation of religious freedom act Hialeah Florida case 1993 Santeria religion city decided to pass ordiance outlawing animal sacrifice Santeria religion members won Freedom of expression John stuart mill argued for quotfree marketplace of ideasquot Assumption of infallibility if you prevent others from speaking Court views with greatest suspicion efforts at prior restraint Justice scalia quot content discriminationquot is unacceptable Justice Douglas quotfull and free discussion even of those ideas we hatequot Limits no experession what is not protected Seditious speech encourages rebellion against or overthrow of the govt Direct incitement of quotimminent lawless actionquot Fighting words would provoke a quotreasonable personquot into a ghts Libel false statements in a publication that harm somenoes reputation H M Tougher test for quotpublic gures actual malice test must prove that statemetns were published with knowledge that statements were published with knowledge that they were false and harmful obscenity is not protected speech 0 but what is obscene mostly in relation to sex 0 Miller v California 1973 3 part obscenity test What the courts ruled for something to be ruled obscene and not protected under free speech it has to fail all 3 aspects of miller test 0 1 Does the work appeal to the prurient insight lustful thoughts interest in sex applying to contemporary community standards 0 2 Does the work portray sexual conduct in a patently offensive way 0 Are there laws that outlaw speci c sexual acts and activities 0 3 Does the work taken as whole lack serious literary artistic political or scienti c value SLAPS work must fail all 3 tests for courts to say this is obscene and not protected by 1st amendment 0 whose standards apply 0 Federal courts seem to be putting a relatively communal standard What obscene in NC may not be obscene in CA 0 Example Mapplethorpe photography in Cincinnati Ohio Why government Purposes 0 Maintain order 0 Provide public goods 0 Promote equality controversial Social valuesend conditions in society 0 Order 0 Equality o Freedomliberty CONFLICTS AND TRADEOFFS AMONG THESE VALUES Freedom relative to order and freedom relative to equality 0 Liberals want government and conservatives don t Collective action problems result from each individual pursuing self interest Freerider problem regarding provision of a public good Tragedy f the commons if public good is already available 0 Prisoners dilemma How to overcome 0 Role for government Regulate tax enforce law this infringes on freedom 0 Role for social capital 0 Society bene ts from this Socialize population to make them think they are apart of a team Political culture and he American creed in light of diversity and changes across time 0 Liberty or freedom Equality consensus on some forms representative democracy 0 individualism property and work 0 religion US still relatively religious compared to other advanced democracies in the world American revolution and declaration of independence articles of confederation constitution in light of tradeoffs among order freedom and equality Stronger national government under constitution but with separation of powers and checks and balances federalism bill of rights federalist 10 vast republic via representative government to control effects of faction framers motives and concerns Federalism Dual federalism o Mcculloch v Maryland 1819 Implied powers Supremacy of national law Cooperativeshared federalism importance of Great Depression and New Deal Recognize advantages and disadvantages of a federal system implications for freedom and equality 0 Huge disadvantage of federal system if you value equal treatment people in a nation than a federal system may not promote that States differ Civil rights Plessy v ferguson 1896 0 Separate but equal doctrine Brown v board of education 1954 o Overturns plessy Civil rights act of 1964 Voting rights act 1965 Bakke 1978 Grutter Gratz 2003 o Affirmative action Civil liberties Trade offs between freedom and order Establishment Clause Lemon test more recently neutrality test Free exercise clause Mills marketplace of ideas assumption of infallibility 0 Important in democratic society Limits on free expression 0 Seditious speech 0 Libel o Obscenity 22216 Congress 2 worlds of congress 1 World on Capitol Hill in DC the quotIawmaking congressquot How does anything get done 2 World of the district where members relate to constituents the quotRepresenting congressquot Winning elections is the baseline of the relationship Congressional paradox congress has extremely low approval ratings but incumbent members of congress are reelected at extremely high rateswhy Power of incumbencv almost all incumbents run for reeection and almost all win 0 94 for 2012 o Consistent high reelection rates since WW2 Senate reelection rates 95 2012 82 2014 0 Advantages of incumbency 1 Name recognition and relevant experience In a voting booth do you have to recall the names No just recognize in a list 2 Money Built in advantages for raising money through donor bases People want access to those in power so they donate 3 Campaign organization 4 Time challengers run a quotcompressed campaignquot Kernell and Iacobson s strategic politicians hypothesis experiences politicians make strategic rational decisions about when to run for higher of ce Potentially good candidates recognize that the incumbent will most likely run so they decide not to run 0 quotOpen seatquot incumbent is not running 0 Many more people decide to run and it creates a more erce competition 0 Potential campaign contributors make strategic decisions about when and to whom to contribute 0 Appearance of incumbent invincibility deters potential strong challengers o Selfful lling prophecy quotConstant dollarquot overtime incumbents have been spending more and more money 0 about 12 of incumbents raise and spend less than 20000 but they all still won 0 about 10 of incumbents raise and spend 2 million but only about 80 won THIS DOES IMPLY NEGATIVE CORRELATION but it is a spurious relationship not causation the incumbent is probably spending more because they have a more credible chaHenger in Congerss The Electoral Connectoin David Mayhew discusses the quotcontinuous campaignquot of incumbents name recognition and service record quotsingleminded seekers of reelectionquot o politicians are very IN TOUCH with the district and this is why they get reelected o politicians are always campaigning 3 kinds of activities they will engage in 1 advertising 0 members efforst to get their names and themselves in front of constituents in a positive light 0 resources to advertise 2 quotcreditclaiming 0 members claim personal responsibility for moving government to do things for the district and constituents 0 federal grants and money quotporkbarrelquot concentrated bene ts in that districtstatecounty and disbursed costs by national taxpayer quotearmarksquot o casework help constituents via staff deal with government bureaucracy make friends and no enemenies and nonpartisan 3 quotpositiontaking 0 take the quotrightquot position and cast the quotrightquot vote on matters important to the district at a minimum cast an quotexplainablequot vote Representation and irresponsibility in congress Familiar criticism of congress is against members pursuit of particularized bene ts programs projects earmarks tax breaks for constituentsquotporkquot Members always tempted to overproduce 0 Especially if primary concern is reeection Mayhew Individual responsiveness to the district but dangerproblem of no collective responsibility on part of congress 0 EACH MEMBER OF CONGRESS IS DOING BEST THING FOR THEIR DISTRICT BUT WHEN HUNDREDS OF CONGRESS MEMBERS ARE ALL DOING THIS IT MAY NOT BE BEST FOR NATION In uence of national conditions on congressional elections 0 2 traditional quotrules of thumbquot 1 party of presidential winner picks up congressional seats in presidential year 8 on average in house 2 in senate since 19080 2 presidents party loses congressional seats in midterm 21 on average in house 4 in senate since 1980 o 1994 house elections 52 for reps230 reps 2014 dems 1 ind 2010 house elections occasionally many more incumbents lose than is typical in an election year 0 when this happens most incumbent losers typically are from political party in power 0 antiparty quotwavequot election even in these elections vast majority of incumbents win reelection 90 but are from 1 political party Nature of representation 0 instructed delegate member votes the way hisher constituents want trustee Edmund Burke member listens to constituents but votes hisher own conscience sociolodical do members share sociodemographic characteristics of constituents Does congress quotlook likequot our nation 0 More than half the nation is female yet this is not represented in congress Minorities are not represented Only lawyers are represented Poor people are not represented 1st world of congress lawmakind bodv How does anything get done 0 Complex legislative process 0 5000 bills introduced annually 0 2 chambers with 535 members nightmare for collective action features that enable work to get done 1 formal organization role of committee system 2 political aprties and party leadership 3 informal norms and rules of behavior Committee system 0 Committees serve as lters trap bills prevent overload etc 0 Provides division of labor enables memebers to develop expertise and facilitates info Provision 0 Potential drawbacks If the y can pick what committees they want to serve on they are going to pick those that deal with money Political parties and leadership 229 o Norms of reciprocity be willing to bargain compromise work with others and Iogrolling votetrading 0 These norms have deteriorated across past 35 years Differences between House and Senate house 0 Party leaders tend to be stronger 0 Greater specialization o More limits on oor debate and amendement no rules committee in the senate and the possibility of a senate libuster unless a unanimous consent agreement UCA Invoking cloture can bring a libuster to an end but requires 60 senators so an affective working majority in senate is usally 60 members 60 o 2 year term relative to 6 in senate Presidency what does the hob of being president entail How powerful canshould the president be Change in presidencv traditional presidencyl quotmodernquot presidency o franklin Roosevelt Clinton Rossiter s presidential roles constitutional rules 1 chief of state ceremonial symbolic 2 chief executive chief administrator 3 chief legislator 4 chief diplomat 5 commander in chief extra constitutional roles changed post FDR chief of political party manager of the econonmy voice of the people protector of peace world leader U39lbUUNH Supreme court judicial review power of supreme court to declare laws of congress and actions of the President unconstitutional o supreme court may also rule on whether state laws are constitutional no where in the constitution is judicial review granted to the supreme court 0 Marbury v Madison 1803 SC case where Chiefjustice Marshall claimed the power of judicial review for the Supreme Court 0 BACKGROUND ON MARBURY V MADISON judiciary act of 1789 law of congress gave the Supreme Court power to issue writ ofmandamus a court order telling a government official to carry out a duty Expanded quotoriginal jurisdictionquot of the Supreme Court outlined in Article III of the Constitution john Adams leader of Federalist political party and second president 1st political party loses 1800 presidential election to jefferson democratic republican but with help of Federalist Congress Adams tries to quotpack the judiciaryquot with Federalists on his way out quotquotquot Federalist lled congress allows this 0 one of the last appointments he makes appoints john Marshall from Secretary of State to Supreme Court jefferson appoints james madison to secretary of state who tries to stop Adams and Marshall from continuing to give jobs to federalists Marbury was one of those federalists who was hoped to receive of a job Marshall is now supreme court justice 0 Marshall is very involved with this case and is put in an odd position 0 Who should interpret the constitution 0 Judicial supremacy court should have the nal say dominant view in the US separation of powers requires Individual and minority rights need protection from the majority Brown v Board of Education 0 Coordinate construction meaning of constitution isshould be found in dialogue among the 3 branches Court makes mistakes 0 Brown v Board of Education was an overturn of Pessy v Ferguson Too much power for undemocratic institution Unelected elite can t safeguard liberty and minority rights Court is institutionally weak and cant enforce its decisions relies on President and executive branch 0 How should the court interpret the constitution o Strict constructionist view justices should con ne themselves to literal language of the Constitution and quotoriginal intentquot of the Framers Constitution should be stable and unchanging
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