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I. Constitutional Underpinnings

I. Constitutional Underpinnings. The purpose of politics. Politics is the apparatus that selects our leaders who then fulfill positions in institutions ( government ) that make policy, using the policymaking system . Our Political System: Democracy

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I. Constitutional Underpinnings

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  1. I. Constitutional Underpinnings I. Constitutional Underpinnings

  2. The purpose of politics Politics is the apparatus that selects our leaders who then fulfill positions in institutions (government) that make policy, using the policymaking system. Our Political System: Democracy it selects + formulates policy which represents + responds to the public preferences. We ensure this by having… I. Constitutional Underpinnings

  3. Democratic Principles(see Core Values) - equality in voting - effective participation - enlightened understanding (an educated public) - citizen control of the agenda. - inclusion of all who are willing to participate. - Majority rule w/ minority rights. An issue of “power” What is a majority . . . (Minority Demo) Majority = An acculumalation of minorities I. Constitutional Underpinnings

  4. Who really Governs? 4 theories of how government really functions… • Pluralist theory – competition among groups shapes public policy. (example-special interest groups) (2) Hyperpluralist theory – Groups divide gov’t, making it ineffective. . . (3) Elitist and Class Theory - Class splits . . .Big Business rules! (4) Absolutist theory- Theory of one. . . Let’s place these theories on the spectrum! I. Constitutional Underpinnings

  5. Political theorists and theories 1. Hume - - Human nature: man was evil Gov’t by the many with negotiation and compromise promoting a union + eventually establishing a republic. Place Hume on the spectrum. I. Constitutional Underpinnings

  6. 2. Hobbes : Inherited monarchy to promote the legitimacy of gov’t Absolutism rules. . .Self interest is nat’l interest. I. Constitutional Underpinnings

  7. 3. Locke – social contract theory Life, liberty and property - Consent of the gov’t by Parliament( few) who had a stake in society because it represented people of property. . .poor people don’t lose much when life deteriorates. I. Constitutional Underpinnings

  8. 4. Rousseau - Rule by all - a complete democracy -- Mobacracy - or maybe Direct Democracy. I. Constitutional Underpinnings

  9. If one put these 4 on a spectrum, where would they fall? Rousseau Hume Locke Hobbes All Many Few One hyperplurlism pluralism Elite/class Absolute I. Constitutional Underpinnings

  10. D. When one governs, one seeks political power -- Define: Ability to persuade someone else that it is in their (self)ish interest to follow you I. Constitutional Underpinnings

  11. 1. Power Distribution 1. Power can be distributed three ways in a democracy: (a) power elite - (Hobbes) - Representative Democracy (b) political elite- (Hobbes + Locke) - Participatory democracy (c) majoritarian rule- (Locke or Hume) Direct Democracy d. Mob rule – Rousseau/Marx 2. What does one do with power? --- Make Policy: - Actions of Gov’t. . . Policy Making Wheel of Fortune (T) I. Constitutional Underpinnings

  12. 3. How much gov’t should be available. . 1. Liberals vs. Conservative models. . A lot Alittle of govt govt I. Constitutional Underpinnings

  13. 4. What is the purpose of gov’t? a. Maintain the social order by: (1) protecting property - “breaking unions”. . . Moving the goods. . . keeping the airlines flying. (2) Right to have militias (3) Economics can take over to make a difference between have and have nots. b. Provide Public Goods: (1) establish infrastructure -- i.e. RR’s (2) Public school system - It took until the New Deal for Feds to truly get gov’t involved. I. Constitutional Underpinnings

  14. c. Promote equality . . . 1. Freedom “to” and Freedom “from” unless it compromises someone else’s right (a) of opportunity - go for it, you are the catalyst, It also means competition. Your the mover! Where does that idea fall on the political spectrum? Conservative idea (b) of condition- Since 1960’s (LBJ’s Great Society program-- Head Start, Domestic Peace Corps “Some are more equal than others: (Medicare and Medicaid programs) and the Feds will fix the problem. Initiated by the Civil Rights Movement. (c) of Outcome - i.e. Affirmative Action - not just a boost but Gov’t has an obligation to promote minority development. Project evolved from helping the black male to the white female. I. Constitutional Underpinnings

  15. 1. Components of a revolution a. People (1). LEADER - (2). FOLLOWERS (a). RADICALS (b). MASSES b. THEME- Locke’s model - natural rights, consent of the governed, limited gov’t, standing laws. . . c. CAUSE -Dec of Indep had 27 of its ideas listing the evil deeds of the king. d. RECOGNITION e. RESOURCES (1). INTERNAL (2). EXTERNAL f. OPPRESSOR g. MARTYR h. SPARK i. PROPAGANDA: j. MISC. 2. Revolution’s intent: restore rights that the king had taken away from us. . . Declaration of Indep! D. The bumpy road defining America’s Democracy -- American Revolution establishes a new gov’t I. Constitutional Underpinnings

  16. Starpower Simulation The following exercise will provide us with some political observations concerning human nature, power, competition and something often referred to as the state of nature. Follow the rules carefully for infractions, either minor or major, will cost you points. This simulation is comprised of three rounds: • Trading round • Scoring round • Bonus round I. Constitutional Underpinnings

  17. In this simulation. . .one’s goal is to acculumate points. The more points you have . . .the more power one acquires. ALSO, the more points you acculumate, the higher the GRADE you will acquire. • How does one acculumate points? This is accomplished by trading one’s chips one has selected during the opening round. I. Constitutional Underpinnings

  18. Selection Round Step One: Upon entering the room, students MUST be silent. Step Two: Each student will select five chips randomly from the container. Any FIVE chips will do; for at this point the chips hold no value. The student, however, will NOT divulge the contents of their selection to anyone except the instructor. Their selection is secret. Step Three: Display the scoresheet, informing the students the value of their chips. Remember the goal of this exercise is to score points. . .The more points the more power! Some students, because of LUCK, have a lot of points. . .some students DO NOT! I. Constitutional Underpinnings

  19. Trading Round Step Four: During this round students will trade chips with each other to score more points. Students currently have five chips in their possession. . .but they can now trade for more chips and eventually collect six, seven or more chips depending upon the effectiveness of their trading. BUT. . .students can only count their best FIVE chips when adding up their points. Trading round rules are: • You must hold hands when pursuing a trade • No talking unless holding hands • ALL trades must be of unequal value. . .i.e. one cannot trade a white chip for a white chip. . .but one can trade a red chip for two green chips. Once a student wishes to stop trading, they fold their arms, Count up their chips, turn them in to the instructor, and write the scores on the board under the proper category. I. Constitutional Underpinnings

  20. Bonus Round: Give each group three red poker chips. Each chip is worth 20 points a piece. The groups have 10 minutes to dispense the chips by either giving one student 3 chips = 60 points; two students, one receiving 40 pts and one receiving 20 pts; OR three students receiving a chip a piece worth 20 points. All decisions are must be made by majority rule. IF some students are unruly, they may be momentarily removed from the group by majority vote until the next round begins. Once the red chips have been allocated, change the scores on the board for those receiving the bonus points and hand out the appropriate symbols to each group. I. Constitutional Underpinnings

  21. Starpower scoresheet # 0f Chips 1 2 3 4 5 Gold Green Red Blue White I. Constitutional Underpinnings

  22. D3 Articles of Confederation a. A Victory brings a New Gov’t 1). What could it do 2). And worse. . .what couldn’t it do. . . 4. Shay’s Rebellion showed its true weaknesses - Economic strife showed the national gov’t couldn’t protect its citizens. 5. The second Constitution: a) How should the gov’t rule b) Who should rule c) How will the people participate equally? d) How keep factions into establishing a tyranical environment? e) How keep gov’t from becoming too tyranical – Separation of powers – Montesquieu I. Constitutional Underpinnings

  23. 6. Resolutions - Appealing to the “Factions” or self-interests of Americans- slave owners to small town shopkeepers. . . Madison’s Federalist papers # 10 a. Equality 1)Representation (REPUBLICAN) - New Jersey Plan (= represent) v. Virginia Plan (prop. representation ) led to Connecticut Compromise: US Senate ( 2 Senators per state) US House - (Reps per population of state) 2) slavery - South wanted all males counted; Three-fifths compromise. - A show stopper b. Who can vote - Property owners vs. disenfranchised. States set election laws. c. Economics - Congress shall rule + it will build the infrastructure (Post offices to taxation- Article I) I. Constitutional Underpinnings

  24. d. Individual rights- Constitution lacked in this area- show stopper although the Consti did say: 1) Writ of habeas corpus 2) bill of attainders 3) ex post facto laws 4) religious preferences to hold office 5) treasonous offenses 6) trial by jury But were we being ruled by “men” or by laws . . . to protect us from these “men” the Bill of Rights was added to protect us from gov’t. . .a recollection of all the ills that the colonists resided under British rule. NOTE: B of R HO I. Constitutional Underpinnings

  25. D7. Popular sovereignty and the stress on individualism once again came to the forefront. Federalists v. anti-feds. Big gov’t v. small gov. 8. Madison declared that the factions will take care of themselves in a true democracy. . . self interest will turn into national interest. . . But a B of R was needed to protect one from the nat’l gov’t. I. Constitutional Underpinnings

  26. 8. Ratification - States voted- - -only needed 9 states to ratify (A of Confed needed unanimous approval to amend) a. Federalists v. Anti-feds - (1) issue -- the 2nd Consti was a “class-based document that benefited only the economic elite! (2) fundamental liberties! Were the Bill of Rights enough? 3. Federal $$$$$. . .diminishes State $$$$$. Result - State special conventions would ratify, not state legislators I. Constitutional Underpinnings

  27. 9. “Changing” the Constitution- Amendment Process a. Formal process - (1) proposal - 2/3 of each Congr or National convention (2) ratification - 3/4 of state leg or spec convention i.e. ERA was proposed by not ratified! (3) - 27 Amendments - taxation to congressional salaries b. informal process- (1) Federal court decisions - Marbury v. Madison (2) Changing political practices - Dems v. Reps Liberals v. Conservatives (3) Domestic politics to foreign politics. Policy makers carry big sticks in implementing policy. “police actions” to “role of gov’t. . . I. Constitutional Underpinnings

  28. E. Federalism - a decentralization of gov’t. -- a “sharing of the wealth” + gov’t power. 1. Distribution of power. pg 71 a. Delegated - Feds rule - Make war (1) INHERENT – all gov’t possess these pwrs. . .immigration (2) Expressed -- Stated specifically . . .Congress makes law (3) Implied (Makes expressed powers work) – Congress establishes a civil service system to hire federal workers. I. Constitutional Underpinnings

  29. b. Concurrent - shared power. i.e. education, taxation c. reserved - states rule - welfare, local education control, local gov’ts, professional licensing. 2. Who shall rule in conflict - Art VI- Supremacy Clause - and Implied powers of national gov’t upheld with McCullogh v. Maryland. 1819, banking issue set forth the “elastic clause” that gave the Congress the Necessary and Proper powers (implied powers) to enact policies to run the country! I.e. YUCCA MT SCENARIO I. Constitutional Underpinnings

  30. 3. If not stated- states have the rights - 10 Amend! 4. Commerce power - Gibbons v. Ogden . Interstate + internat’l commerce . Congress rules! 5. Full Faith and Credit clause - One state’s validity carries over state borders - i.e. marriage licences. Today’s issue - Homosexual marriages and insurance coverage. The courts may decide . . . I. Constitutional Underpinnings

  31. 6. From Dual to cooperative federalism - a. Education sets the stage for both the Feds + states to work together in “fiscal harmony” b. “Shared Costs” of Fiscal federalism- Why use federal help at the “expense” of state sovereignty? (1) Feds had the bucks. . . surpluses abounded (2) Fed income tax in 1920’s (3) Feds could print more if needed more (4) Politics - States saw it as “free”money. Why not pursue it. . .Constituents benefitted! I. Constitutional Underpinnings

  32. c. Grant-In-Aid programs been around for 200+ years. Feds sell land to fund programs! d. Categorical grants - specific $$ for specific projec w/ strings attached. . .non-discrimatory - Cross cutting requirements - Offenders lose it all! (1) Project grants - NSF - competitive requests (2) Formula grant- Do you meet the formula. i.e. public housing, employment programs I. Constitutional Underpinnings

  33. e. Block grants - social service endeavors w/ less strings attached. SIGS pursue the $350 billion f. Mandates - Feds dictate specific guidelines. . .if don’t comply, penalized or lose the funding. . . Special ed, Disability Act, Clean Air. . .Medicaid (a) unfunded mandates. . .Laws w/o funding. . . I. Constitutional Underpinnings

  34. g. Not all states are treated equally. . . when it comes to fiscal federalism. . . its the role of the politician to take care of ones constituents! With a $2.2 trillion budget, there is plenty to fight for! I. Constitutional Underpinnings

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