Notes for Political Science | American Government and Politics | POLS 101, Study notes of Local Government Studies

Download Notes for Political Science | American Government and Politics | POLS 101 and more Study notes Local Government Studies in PDF only on Docsity! Political Science Notes Democracy Understanding American Government is understaning political behavior Political behavior is divided between witing government and citizens Motive precedes action can describe all human behavior Understanding political behavior is understanding motives American colonials were dead white guys and representatives. Constitution = rules of governing, made by dead white guys and representatives. American “culture” values+ motives = laws (ethos) made by dead white guys and representatives. Europeans brought motives to North America Democracy = rule of the people Athens birthplace Rome starts as a monarchy then imperial Rome blows up. Athens democracy = direct = OLIGARCHY (rule by the few (rich people)) Roman democracy = representative democracy Monarch (1) -> lords(few) -> peasants(many) Over time, monarch’s position becomes pronounced. Legislative continuity, learn how legislative debates work. Motives for North America France wants furs, sends explorers England doesn’t know, sends settlers Spain wants gold, sends soldiers England desires to have a presence in North America. England king sends settlers over by/through investors – other nobles. Potential profit is motive for investors. Investors had no idea how they would receive profit. So, being clueless, they invested a minimal amount on the first to settle the region. The Deal (A) King owned North America (B) Granted sections to investors (C) Investors promise some % profit Settling Projects - Ships with some food and tools - Workers with 7 year contract to simply live/ survive. - Production goes to investors - Most people are peasants England in 1600 King (1) Nobles (some) Clerics (some) Peasants (many) Colonies First colony in 1588 disappeared 1602 – Jamestown (survived, but barely) and returned with stories of doom Investors: How can we convince workers to join the next project? Idea: lets offer them land, if they survive, it worked. Peasants wouldn’t have to worry about nobles. How Was Land Allocated? - Equally among those choosing to settle Characteristics of American Foundation 1. Work/ enterprise 2. Land ownership 3. Equality 4. Little supervision 5. No Nobles 6. Common Civil Law 7. Self-government by assembly Political Factions Tories: King ok, conservatives, became Canadians in Newfoundland Whigs: king ok but must follow rules Radicals: king must go About America and the King 1. By 1760, American colonies were very prosperous 2. King had previously been uninterested 3. Need for money changed this -> king took more interest -> more taxes. King didn’t care, just did what he wanted. Which cultural norms were violated? - Little supervision - Equality - Legitimate factions (whigs, radicals) - Rule of law - Self government - No kings, no nobles - Work + enterprise King was receiving speculation by violating cultural norms. Thus reason for response. Several attempts by colonial assemblies to reach a compromise, and failed => revolution? Problems to overcome 1. The English power – political, Tories: no, Whigs: maybe, radicals: yes 2. Overcome factions – geographic/economic factions, New England and Virginia England had plans for tools stolen, Americans then made tools. New England, Manufacturing, in competition with England, Wants Independence. Virginia, Farming, exports to England, wouldn’t want independence, Another geographic faction problem: colonists didn’t trust other colonies. 1st continental congress: 1774, representing from each colony 2nd continental congress: 1775, articles of confederation (1781), drafted declaration of independence -> constitution, managed the war. 2 nd continental congress 1775 - Continued through war (1776) - Drafted Articles of Confederation (1777) - AoC ratified 1781 Articles of Confederation - Contract for dealing with each other - Negotiated peace with England 1783 - Called for constitutional convention 1787 - Ratified in 1789 -> end of continental congress - Beginning of U.S.A Timeline - 1774, 1st continental congress. Complain about king - 1775, 2nd continental congress. Declared independence - 1776 war - 1777, 2nd continental congress. Articles of confederation - 1781, articles of confederation ratified - 1783, peace - 1787 constitutional convention called. Draft constitution. - 1789, constitution ratidied. Election held Continental congress was a single assembly government from 1774-1789. In 1789, had 2 assemblies = Senate and House - Executive (president and agencies) - Judicial (supreme court) Framing the Constitution What makes group decisions hard? – differences in opinions American cultural norms Two aspects of differentiation were particularly important: geographic mistrust between the states, and political ideologies. Political Ideologies Torries: liked king, became Canadians in Newfoundland area. Whigs: kings ok, but must follow rules. Became federals, believed in the need for a strong central government. Radicals: king stinks, anti-federalist, no central government or a weak one at most desired. Problem 1: States don’t like each other. Problem 2: Not everyone wants central government Solution 1: No central government (?) -> states independent entities. - War with each other - War with England Reasons for central government: 1. Defense 2. Commerce, rules of trade = contracts. Medium of exchange = common money, infrastructure (roads) Existing Models: Virginia: - 2 legislative bodies - Appointing govoner - Appointed judges Pennsylvania: - 1 legislative body - No govoner - Appointed judges Massachusetts: - 2 legislative bodies - Elected governor - Appointed judges Concentrated Power Distributed Power More effective because decision making is easier. Why? Less likely to become domineering. Why? Difference of opinion neg. compromise. – No difference Difference of opinion and distributed compromise. Concentrated Power (bad) Representation of citizens in decision making process Virginia Middle (2 law making bodies) Middle (2 elections) Pennsylvania Worst (one law making body) Worst (1 election) Massachusetts Best (3 law making bodies) Best (3 elections) I) Legislative Function: make laws. - House (population represented 435 districts divide country) Self government by assembly. - Senate (represents states, equal number) Factions: small states afraid of big ones II) Executive Function: Execute Laws - President - Executes Laws passed by congress - Limited Veto power (can be overturned by congress) - Commands military - Represents US in negotiations with other countries. Constitution: - Judicial function is to resolve conflicts - No law is perfect - All laws are logical system therefore no logical system is perfect: a paradox may also be constructed (Goedel’s Incompleteness Theorm) Conflicts and Interpretation What types of conflicts? - Among states - Between executive and legislative function (federal) - Resolve conflicts between citizens and the government because no single state has jurisdiction Look at Specifics: Form of government Article 1: Legislative - Rule of law or legislative dominance - Section 1: legislative power in house and Senate - Section 2: Representative elected every 2 years according to population - Section 3: Senate every 6 years by state - Section 4: meet regularly - Section 5: make own rules - Section 6: pay - Section 7: only the house can raise taxes. Article 2: Executive Section 1: president elected by state and population through electoral college every 4 years - Pay - Replacement - Oath of office Section 2: Job - Commander in Chief - Manages departments to executive laws - Propose treaties - Appoint judges and ambassadors Section 3: Reports to congress Section 4: removal Article 3: Judiciary Section 1: judicial power - Supreme court: by itself - Inferior courts: established by congress Section 2: Scope of the Supreme court - Constitution - Treaties - Foreign Officials - Impeachment - Punishment for counterfeiting - Establish post offices and roads - Copyrights and patents (B) Common Defense - Establish tribunals (Judicial court for prisoners of war) - Piracies - Declare war - Raise an Army - Raise a Navy - Establish rules for army and Navy - Establish a militia - Establish forts (C) - habeas corpus (can’t be held in secret) International Law - Based on treaties among Nations. - Sovereignty of nations - Nobody is sovereign over independent nations (D) - Maintain Equality, rule of law among states and factions 1. Taxes on slaves 2. no bills of Attainder (punishment without trial) 3. no ex-post facto laws (punish someone who does something that later becomes illegal) 4. No direct taxes (repealed) 5. No preference for one state over another 6. No money withdrawn without proper appropriate law. 7. no titles of nobility 8. no payments from other governments or kings 9. No treaties by states. Understanding the Logic of the Constitution Notes The Constitution is a set of rules by which the citizens of America “agreed” to be governed. Rules in a society reflect behavioral norms within that society, and one way the Constitution may be understood is through the norms of behavior reflected in the American character as developed in its colonial beginnings. The norms suggested by colonial development are the following: 1. Private ownership of land and property; 2. Enterprise and work; 3. Equality; 4. No King and no nobility; 5. Self-government by assembly; 6. Little supervision; 7. Legitimate geographic factions; 8. Common citizen rights; and 9. The rule of law. The Constitution had two purposes: 1. Establish the form of the Federal Government and 2. Determine how the government would attend to the common interests of the American citizenry. Form of Government Norms that may be seen reflected in the form of the Federal Government include: 1. Self-government by assembly; 2. No King or nobles (i.e., no supreme authority); 3. Legitimate geographic factions; and 4. The rule of law. A legislature (Article I): S1 Legislative power held by the House and Senate; S2 House members elected by population; S3 Senate members elected by geography; S4 Meetings are to be held regularly; S5 Both chambers are to set their own procedural rules; S6 Members are to be paid for their service; S7 The House initiates proposals to raise taxes; An executive (Article II): S1 President elected by population and states (Electoral College); S2 Duties include: a. Commander in Chief; b. Manager of departments established to execute laws passed by Congress; c. Propose treaties; d. Appoint judges and ambassadors; S3 Must report to Congress; Article I (The Legislature); S9 No Bills of Attainder; No ex post facto laws; No direct taxes; No preference for one state over another; No money withdrawn without appropriations law; No titles of Nobility; No payments from other governments or Kings; S10 No treaties by states; No states can coin money; No state can do the things proscribed of the Federal Government; No state can keep troops or ships of war; Article IV S1 Laws among the states are equal; S2 Citizens are citizens across all states; S4 New states may be admitted; S5 All states are republics. The Legislative Branch of the U.S Government 1. Committees and agents 2. Parties 3. Compromise 4. Orientation 5. Authorization and Appropriations - All based on committees - Specific areas of policy - Own rules - Committee structure  Delegation of authority Delegation of Authority Good: Saves time, takes advantage of expertise Bad: self intrest within committees  Special Intrest (Factions American Norm) Committees and Agencies - Establish policies - Instructs executive branch to “execute” this (Rule of Law, American Norm) Agencies in Executive branch. President hires people in his management to keep the law in order. Problems with Agencies - Two bosses, agencies have 2 bosses (president and committee) - Agencies close to issue, congress removed from issue - Agencies may have subjective views of effectiveness - May give a biased report - Agent-committee “collaboration” - Lots of self-intrest - Even more bias in regard to expenditures 2 Parties - Organized around parties Radicals anti-federalist  democratic republicans  democrats  Federalist (pro-slavery) Whigs  federalists  Whigs  republicans  (Anti-federalist) (anti-slavery) President - 22nd amendment clarifies to have same president for 2 terms or 10 years - Congress votes on articles of impeachment - Vice president presides over senate until an impeachment, chief justice then takes over Constitutional powers of president - Appoint ambassadors - State of the union - Make treaties - Issue executive order - Veto - Commander and chief of military - Power to pardon Staff Cabinet President Vice President First Person (lady/man) Bureaucracy Virginia + New Jersey plans (Like parliament) In AoC, states over federal In Constitution, Federal over state 3/5ths compromise = determining population, slaves counted as 3/5 person Congress Has powers, look in book Must be resident of state 25 yrs old, us citizen, resident of state for 7 years for House of Representatives 30 yrs old, us citizen, resident of state for 9 years for senate Trustee and Delegate theory of representation Trustee – makes decisions to better all Delegate – fight only for one representation Presidential powers Presidential succession Bureaucracy *Max Weber pg 322 * pg 317, 326, 338 Nomination critera for supreme court justice Competence, ideological/ policy preferences Judicial activism Judicial Branch 1. Structure and function 2. Relative power 3. Directionality Federal Laws Other Congress set up courts Federal disputes Federal court system Constitution Cases not solved here go to supreme court Made supreme court Other Federal Disputes? - Stave V. States - US V. State - US V. Foreign Ambassadors - State V. Citizen of another state - Legislative branch V. Executive branch Two types of law - Civil (Contracts, recovery of monetary loss) - Criminal (victims of some action Power of appeal - Two tier system - Three tier system with supreme court Federal Court System A) District Courts - 94 within U.S - One judge per case - 325,000 cases per year - 3500 cases per court Case types in district court - U.S V. Anybody (criminal - Federal civil laws - Maritime law - Bankruptcy B) Appeals Court - 11 geographic - 2 special purpose - 3 judge panels - Only hear appeals - About 60,000 cases per year = 4600 per court per year C) Supreme court - Established by constitution - 9 judge panel - Appeals or other disputes - Appeals – 99% - 33% from states - 66% from Federal courts - 1% from original jurisdiction - 75-90 cases per year - Screened by clerks - Decided by 4 judges - Judges are Thomas, Ginsberg, Roberts *(Chief justice), Scalia, Alito, Kennedy, Sauter, Stevens, Bryer