1. 1 Introduction: A Political Perspective on American Government n 1. What is "politics"? – Conflict over allocation of values n 2. Why is conflict inherent to society? –Material scarcity – Philosophical disagreements Examples of philosophies n 3. How do societies deal with conflict? –Hobbes: government is the “leviathan” –Government: authoritative allocator of societal values n 4. What makes government authoritative? –Legitimacy (sense of acceptance) –Coercion (preponderance of force)

2. 2 n 5. How do governments deal with conflict? –In this class: Institutional focus What is an institution? –Governments make rules –Rules as value allocations Structural rules: rules of the game Policy rules: rules of substance Bias in rules - no neutrality When rules matter—the electoral example n 6. Implications: –Societal conflicts gravitate to government. – A political perspective on government focuses on how government manages the conflicts of society.

3. 3 Options for governance n Rule by none: Anarchy n Rule by one: Monarchy (despotism) n Rule by a few: Aristocracy (oligarchy) n Rule by many: Democracy What type of democracy? –direct democracy –representative democracy

4. 4 What is the proper role for government? What should government do? n Maintain order –Laws, police powers, property rights, etc. n Protect liberty –Bill of Rights n What is the proper balance between... – (my) liberty, and –(your) equality?

5. 5 Liberty vs. Equality: n Equality: every person is equal before the eyes of government. –“one person, one vote...” n How might liberty be threatened by that? –Majoritarianism –The threat of “majority tyranny” n Government is forced to try to balance these two ideas.

6. 6 Historical Roots of American Government n Religious separatists –Plymouth Colony: Mayflower Compact 1 st “Constitution” in the New World Relied on the consent of the governed n Royal colonies –Jamestown: established a “representative assembly” n Assemblies enjoyed autonomy for over 100 years

7. 7 Rules of the Game: The Constitution - 1 I. Political Sources A. Colonial Era Experiences—1760’s; “times they are a-changin’” 1. Attitudes toward National vs. State Government 2. Attitudes toward Executive vs. LegislatureExecutive B. Confederation Era Experiences 1.Alternatives: a. State - Nation relations (unitary vs. confederal forms)unitary b. Branches of government (single vs. multiple) 2. Choices: Articles of Confederation 3. Problems: a. weak/non-existent executives b. weak national government 4. Response: calls for reform a. Annapolis ConventionAnnapolis b. Shays’ RebellionShays’ Rebellion

8. 8 Rules of the Game: The Constitution - 2 I. C. Convention Politics: 55 men in a locked room.locked room 3 Main issues facing the delegates. 1. Basis of Representation: What’s at stake? Virginia Plan Virginia Plan (population-based) vs. New Jersey Plan (state-based) New Jersey Plan 2. Treatment of Slavery: What’s at stake? 3/5ths3/5ths Compromise 3. Executive Power : Very Explicit (Article I) vs. Ambiguous Powers (Article II)(Article I D. Politics of Ratification 1. How many states needed to ratify? 2. Who in states does the ratifying?ratifying 3. Selling the product... The Federalist PapersSelling the product E. Politics of Preempting Opposition: The Bill of RightsThe Bill of Rights Summary: The Constitution is a product of the conflicts that shaped politics

9. 9 Rules of the Game: The Constitution - 3 II. Philosophical Sources of the Constitution A. Intellectual Roots: Classical Liberalism 1.Classical Liberalism’s Goal: Protect individual freedom:individual freedom - inalienable rights - individual equality - government protects rights 2. Classical Liberalism’s Implication: Government should be: - Democratic - Majority Rule B. Paradox: Permanent Majorities Democratic majority rule endangers minority rights: majority tyrannymajority tyranny

10. 10 Rules of the Game: The Constitution - 4 II. C. Solution: Three Sets of Modifications 1. Deter permanent majorities a. Republicanism: (Representative vs. Direct Democracy)RepublicanismRepresentative –Republicanism allows government over a larger country. –A larger country means a diversity of interests = Pluralism –Pluralism means minority rights are more likely to be protected! b. Indirect election rulesIndirect c. Separation of powers d. Checks and balancesand balances e. Federalism 2. Require more than simple majorities super majorities: (> 50% + 1 votes) concurrent majorities: (multiple majorities) 3. Limit government jurisdiction

11. 11 Now that we have it, how do we change it? Amending the Constitution n Amendments can be proposed by: a. 2/3 vote in both houses of Congress, OR b. Constitutional convention called at the request of ¾ of the states n Amendments can be ratified by: 1. Approval by ¾ of state legislatures, OR 2. Ratifying conventions in ¾ of the states Four possible combinations above: a1, a2, b1, or b2. n a1 used for 26 amendments n a2 used for 1 amendment (21 st !) n b1 never used n b2 never used

12. 12 Rules of the Game: The Constitution - 5 III. Federalism: national and state government A.Definition—3 criteria: 1. the same people and territory are included in both levels of government 2. The nation’s constitution protects units at each level from encroachment by the other unit 3. Each unit is in a position to exert some leverage over the other alternatives: unitary and confederal formsunitary B. origins of the federal form of government 1. philosophical: decentralizes power protects geographic minorities 2. political: concession by nationalists to supporters of states' rights

13. 13 Why the question? Who has the power? n The Constitution, in places, is clear: 1. Enumerated powers—powers clearly granted to the national government –Coining money –Regulating interstate commerce –Make treaties –Regulate postal system –National defense 2. Supremacy clause: Federal law trumps conflicting state law.conflicting n The Constitution, in places, is ambiguous: 1. Implied powers—the “necessary and proper” clause (elastic clause)elastic clause 2. Conflicts with the Reserved powers of the states: Amendment X. Powers seem to overlap.Amendment Xoverlap

14. 14 Rules of the Game: The Constitution - 6 III. C. Evolution of the Meaning of Federalism 1.National Supremacy McCulloch v. Maryland (1819)1819 Gibbons v. Ogden (1824)1824 2. Interposition/Nullification (mid-1800's) States' Rights DoctrineRights Doctrine 3. Reasserting National Supremacy (1860's) Civil War and 14th amendment 14th amendment 4. Dual Federalism (late-1800's - 1930's) Layer Cake MetaphorCake Metaphor 5. Reasserting National Supremacy Marble Cake MetaphorMarble Cake Metaphor - The Carrot: Dimensions of AidDimensions of Aid -Forms of Aid: -Categorical Grants -Revenue Sharing -Block Grants -The Stick: Unfunded Mandates - Consequences of Aid: Fiscal Federalism “Picket Fence Federalism”Picket Fence Federalism 6. Limiting National Supremacy (today) - Lopez (1995) Gun-Free Schools Act - Brzonkala (2000) Violence Against Women Act

15. 15 Rules of the Game: The Constitution - 7 III. D. Historical Growth of Federalism— Nationalization 2 Events Increased the National government’s influence in the federal relationship: 1. Great DepressionGreat Depression –Federal Government spent more $ to try to get the country out of depression 2. Great Society ProgramsGreat Society Programs –Programs like Medicaid and Medicare; “War on Poverty” Post-LBJ—trend away from national domination. – “Devolution”Devolution

16. 16 Rules of the Game: The Constitution - 7 IV. Characteristics and Biases of the Constitution A. High value on protecting individual rights B. Status quo-oriented procedures C. Political flexibility because it is: Amendable Ambiguous Silent on specifics, e.g. bureaucracy, parties