American Government Institutions and Policies PDF

American Government Institutions and Policies Politics and Democracy All matters related to government, such as financial, taxes, international trade, environment, welfare, health care, defense, which are political not mathematical, in fact are ISS...

American Government Institutions and Policies Politics and Democracy All matters related to government, such as financial, taxes, international trade, environment, welfare, health care, defense, which are political not mathematical, in fact are ISSUES, defined as conflicts, real or apparent, between the interests, ideas, or beliefs of different citizens. An issue may be more about conflicts over means than over ends.  The issues are the raw material for politics – which mean “ the activity - negotiation, argument, discussion, etc., by which an issue is agitated or settled.  Power, Authority, and Legitimacy. Politics, and the processes by which issues are normally agitated or settled, involves the exercise of power. By power it is meant the ability of one person to get another person to act in accordance with the first person’s intentions.  Most fascinating aspect of power in the US politics is how things, whether private or public, all aspects of human life, managed to be part of the political agenda. People who exercise political power, may or may not have the authority to do so. Authority means the right to use power. Formal Authority is the right to exercise power that is vested in governmental office. - A president, a senator, a federal judge. Defining Democracy American citizens agree that exercise of power by government is legitimate if it is democratic. Do you agree?  Two meanings of democracy: Regimes that come as close as to Aristotle's definition of the rule of many. – Direct Democracy Democracy is the principle of governance of most nations that are called democratic when they have chose representative through a competition. - Representative democracy. Arguments for: it is more practical to have representative elected through competition to decide on public policy. Some believe that direct democracy would lead to bad decisions. Political Power in America: Five Views Representative democracy is defined as any system of government in which leaders are authorized to make decisions. The leaders are there through a competition, which give them political power to wield. This is called the elite! Class view (wealthy capitalists) Power elite view (a group of business, military, union) Bureaucratic view (appointed bureaucrats run everything) Pluralist view (representatives of large number of interests groups) Creedal passion view (morally impassioned elites drive political change) Who Governs? To What ends? Which view is correct? It is important to know if the government makes a difference. We cannot predict what goals government will establish by knowing only who governs, nor can you always tell who governs by knowing what activities government undertakes. Expanding the Political Agenda Deciding what to make the policy about? Or what belongs on the political agenda? This is affected by: Shared political values The weight of custom and tradition The importance of events Terms of debate  Groups, government institutions, media, action by the states. Small group of people enlarging the scope of government by their own demand: sometimes organized interests (corporations), and sometimes unorganized groups such as urban minorities. First group works quietly, in the background. The second one sometimes erupts on mass street events. Government Institutions such as courts, the bureaucracy and the Senate. (Desegregation, abortion) Bureaucracy, what was once a reaction to events, it is now source of policy proposals that became law.  U.S. Senator Daniel Patrick Moynahan called this “professionalization of reform”. Media – national press can help items be listed on agenda, but it is a question of chicken and egg. Did the media help or it was already meant to be on agenda? Which is the cause and the affect. Action by the States: Do Not Call – law. The Politics of Different Issues One way to understand how issues are brought up in agenda is: Cost Benefit Four types of politics: Majoritarian – distribution of benefits and costs Interest group politics – concentrated costs and benefits Client politics – concentrated benefits, distributed costs (pork-barrel legislation) (majority coalition is created – Log-rolling) Entrepreneurial politics – Distributed benefits, concentrated costs. Ch. 2 - The Constitution The problem of Liberty The goal of the American Revolution was liberty French Revolution has a problem with Liberty, Equality and fraternity Russian and Chinese Revolutions had to deal with equality, not liberty as we know it. American colonist at first thought they could protect their liberties under the British laws. The demand for a free and impartial judges was rejected. Belief in British constitution was lost. Independence was the only solution. The Colonial Mind A lust for domination is more or less natural to all parties! (one colonist wrote) Men will seek power because they are ambitious, greedy and easily corrupted. These arguments were promoted by the colonists in America, and why the British constitution does not offer adequate protection and guarantees of the liberty of the citizens.  These liberties were bit based on the generosity of the king of the language of statutes, but on higher law embodying natural rights that were ordained by God, discoverable in nature and history, and essential in human progress. These rights were: life, liberty and property. Property was changed by Tomas Jefferson in Pursuit of Happiness. The Real Revolution The Real Revolution, is radical change in the principles, opinions, sentiments, and affectations of the people” John Adams Make political authority legitimate and personal liberties secure. Legitimate government would require consent of the governed. Political power cannot be exercised on basis of tradition but only as direct grant of power contained in constitution. Legislative branch of government should be superior to executive.  Written states constitutions were new, and bold, many thought they will fail. Until 1787 when US Constitution was signed. George Washington was still waging a war against colonist, there was no unified government. Financing war effort was not secured. Army was organized and administered badly. When war was over, the nation was in shambles. New York city was destroyed – at least a quarter was in ruins. Weakness of Confederation Weakness' of Confederation Articles of Confederation 1781 was a faint semblance of the national government. Created a league of friendship Levied no taxes nor regulate commerce. Articles of Confederation - The Constitutional Convention Confederacies do not work – too weak. Pennsylvania Constitution – All power went to assembly Massachusetts Constitution – power is divided into branches Shay’s Rebellion – ex revolutionary war soldiers against high taxes and foreclosure of farms due to unpaid taxes. Tomas Jefferson: “ A little rebellion now and then is a good thing. The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” The Framers Philadelphia Convention – Produced a whole new constitution and creating a new national government. 55 delegates convened secretly and debated about: What powers should be given to central government How states should be represented What was to be done about slavery The role of the people  Two philosophers only were considered: Tomas Hobbs and John Lock. Tomas Hobs believed that with no central leading authority there is chaos, a total war. John Lock believed that democracy is possible and that the people should have the right to protect their life, liberty and property.  The question that was at the center of debate was: How to devise a government strong enough to preserve order but not so strong that it would threaten liberty. Delegates did not believe the democracy is the answer. Democracy was understood differently, the rule of the mob. Aristocracy, or the rule of few was not an answer.  Madison wrote in Federalist papers: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on governments would be necessary. If framing a government which is to be administered by men over men, the great difficulty lies in this: you must fist enable the government to control the governed; and in the next place oblige to to control itself. The Challenge To fix the defects of Confederal articles or write a whole new constitutional document? Virginia Plan called for a strong national union organized into three governmental branches: the legislative, executive and judicial. 1. A national legislature would have supreme powers on all matters on which the separate states were not competent to act, as well as the power to veto any and al state laws; 2. at least one house of the legislature would be elected directly by the people. New Jersey Plan Is a result of the fear from small states from being overpowered from bigger states. Insisted on one vote for each state in legislature. Insisted that the lower house, the Senate, had representatives chosen by states legislature, not by the people or by the proportion of population. The Compromise Great Compromise is thought to have been hammered by Benjamin Franklin. A House of Representatives consisting initially of 65 members on the basis of population and elected by the people. A Senate consisting of two senators from each state to be chosen by the state legislature. A spirit of accommodation was developed. President was chosen by the popular vote and Electoral College – state representatives. Ratification Debates Constitution was signed by all 12 states, the representative from Virginia refused to sign) Direct democracy was impossible purely due to the size of the country. Minority would be jeopardized So the Republic was intended, with representation system operating.  The government should mediate, not mirror, popular views. Represent, not register, majority sentiments. They embraced representative democracy because they saw it as a way of minimizing the chances that power would be abused either by a tyrannical popular majority or by self-serving officeholders.  The power of the Supreme Court to declare an act of Congress unconstitutional - is known as Judicial Review. Sets a limiting power to popular majorities. Amending the Constitution: can be proposed by two-thirds vote of both houses of Congress or by national convention called by Congress at the request of two – thirds of the states. It must be ratified by three-fourth of the states Twenty seven amendments have survived this process. Only 21st amendment was not ratified. Two principles of American Government Separation of powers Federalism Powers can be divided into three categories Enumerated powers (given to the national government exclusively) Reserved powers (given to the states exclusively) Concurrent powers (shared by both the national and state governments)  Overview of the US Constitution The Bill of Rights Amendment 6: Right to speedy, public, impartial trial with defense counsel and right to cross-examine witnesses. The First Ten Amendments to the Constitution Grouped by Topic and Purpose Protections Afforded Citizens to Amendment 7: Jury trials in civil suits where value exceeds $ Participate in the Political Process 20. Amendment 8: No excessive bail or fines, no cruel and Amendment 1: Freedom of religion, speech, press, and unusual punishments. assembly; the right to petition the government. Protections Against Arbitrary Police and Court Action Protections of States’ Rights and Unnamed Rights of People Amendment 4: No unreasonable searches or seizures. Amendment 9: Unlisted rights are not necessarily denied. Amendment 5: Grand jury indictment required to prosecute person for a serious crime. Amendment 10: Powers not delegated to the United States or denied to states are reserved to the states. No “double jeopardy” (being tried twice for the same offense). Forcing a person to testify against himself or herself Other Amendments prohibited. Amendment 2: Right to bear arms. No loss of life, liberty, or property without due process. Amendment 3: Troops may not be quartered in homes in peacetime.  The Antifederalist View - a very extensive territory cannot be governed on the principles of freedom. This is possible with a confederation. In case of federation, much more limitation must be imposed on the powers of the government. Narrow jurisdiction of the Supreme Court, check presidents power with a creation of a council, leave military in the hands of militia, increase the size of House of Representative to include many more popular interests, etc.  Madison argued that to rule better – Coalitions must be formed. The Bill of Rights. The States and the People felt that the US Constitution did not contain sufficient protections for civil rights (although habeas corpus, no bill of attainder, and no ex post fact laws were in the constitution) To put a signature in the Constitution, they made ten Amendments that are also known as Bill of Rights.  Chapter 3 Federalism Why Federalism Maters Federalism can be defined as political system in which the national government shares power with local governments. The study of federalism involves the study of sovereignty – the supreme political authority. Unitary system has a national government full sovereignty Confederation – sovereignty is when national government does only that which allows the state. Federation – sovereignty is shared.  Federalism, for example, affects almost every aspect of crime and punishment. The Founding: the goal of the Founders seem clear: Federalism was one device whereby personal liberty was to be protected. Alexander Hamilton argued that federal government is needed to keep National and State governments in balance. If one fails to protect liberty, then States will be the one to torn to.  The Constitution contained elastic language, with the idea that in the future things will change and can be included in the meaning of the constitution…. Such as Art. 1. Congress shall have the power to makle all laws which shall be necessary and proper for carrying into execution the foregoing powers.  McCulloch v. Maryland, 17 US 316 The US Supreme Court 1819 Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described  Although, among the enumerated powers of government, we do not find the word "bank" or "incorporation," we find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are entrusted to its government  But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution. If the Constitution has power that has to be executes and requires means to execute these power, which means are these? Surely, the US Constitution does not have any intention to impede the exercise of these power by withholding its means.  Means to execute its powers is to incorporate a corporation. This argument is based on the being part of the sovereignty. But, which part of the sovereignty? The government which has a right to do an act, and has imposed on it, the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.  With respect to the whole penal code of the United States: whence arises the power to punish, in cases not prescribed by the constitution? All admit, that the government may, legitimately, punish any violation of its laws; and yet, this is not among the enumerated powers of congress. the power "to establish post-offices and post- roads." This power is executed, by the single act of making the establishment. But, from this has been inferred the power and duty of carrying the mail along the post-road, from one post-office to another. And from this implied power, has again been inferred the right to punish those who steal letters from the post-office, or rob the mail. It may be said, with some plausibility, that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post-office and post-road.  The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else. No sufficient reason is, therefore, perceived, why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them. that of making "all “laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States, or in any department thereof." Chapter 4 - American Political Culture Among all countries in the world there are at least three major differences: Constitutional Demographic Cultural  Constitutional differences between US and France: parliament – congress, president/prime minister- president, constitutional court. Demographic: US 330 million, Christian catholic and protestant 80 %, UK and France each 60 million, mostly Christian and Anglican-Christian, minority is migrants. Political Culture : each country has a different political culture. Political and economic life. Believe in democracy, favor majority rule and minority rights. Does not believe in taking office by force. UK and French believe in economical equality and that the state should take care of the poor.  Americans believe more in political equality: President (American and French President, or the Queen), was driving a car. Being late for a meeting they speed. The police stopped the car? FINISH THE STORY?  How come US is democratic, but the other countries simply fail in democratization? Is it the land mass? Alexis de Tocqueville Japan is democracy, but very monotheistic. Few migrants. Saudi Arabia as religious country where people prefere to have the mosque and the state unified. In the US Church demands separation of it and the state. In Germany, only Christian symbols allowed in schools. In France, no headscarf's allowed for Muslims. There are unthinkable in the US. Political System Americans believe in; Liberty, equality, democracy, civic duty and individual responsibility. All are equal to vote, even if the person does not know reading and writing. Why then African Americans were denied their rights? Values and behaviors change?  Samuel Huntington: America can be a disappointment, and it is so because it is also a hope! Much of the conflict was about values versus behavior. Civil war started as a conflict between right of freedom for slaves versus slave- owners. Endorsed civil rights against McCarthyism. Americans believe in Americanism, or American dream. British and French do not have Britishism or Frenchism.  Economic System Liberty is a core belief in US Economy. This is why they have this idea of free enterprise. They tolerate economic inequality more than political one. They believe that is the man’s fault alone of he did not succeed. How We Compare With Other Nations Sweden v. US Deferential v. participatory democracy Japan v. US Individualism v. Group harmony Americans have a stronger sense of civic duty and civic competence  The Economic System Equality in American political culture means equality of opportunity In Sweden favor equality of results, not opportunity 200 dollars per week for dishwasher is equal to 440 dollars for an executive – 2:1 ration In the US it is Ok to accept 3000 dollars for executive The Civic Role of Religion America is one of the most religious democracies in the world. They donate and volunteer more than non religious. Even if volunteering is for the benefit of non religious entity. Sources of Political Culture: Preoccupation with rights but also long- standing distrust of authority and people wielding authority. Culture of War There are two cultural classes in the US: The orthodox (morality is important – The Religious Rights – Evangelical Christians and fundamentalist Protestants), and The progressives (personal freedom is as important- Liberal Protestants and non religious) Viewed from Marxist perspective, politics in the US is utterly baffling: instead of two economic classes engaged in a bitter struggle of wealth, we have two cultural classes locked in a war over values. Mistrust of Government Since 1950s there is a decline on the proportion of Americans who say they trust the government in Washington! Americans trusted the government more then Europeans. Reasons are, example: Vietnam war, President Nixon resignation, Pres. Clinton impeachment. Its more about distrust of officials, a trusting more institutions.  Civil Society Collection of private, voluntary groups that – independent of the government and the commercial market make human cooperation easier. These organizations help teach people how to cooperate, develop community service skills, and increase social capital Political Tolerance