Poli Sci Notes Weeks 1-12 Midterm Review PDF

Poli Sci Notes Weeks 1–12: Midterm Review 09/16/2024 Subjective = perceived reality, conditioned by personal mental characteristics/states Objective = having reality independent of the mind → independent of individual thoughts, perceptible by all Neutrality = to avoid taking a stance “Argument to m...

Poli Sci Notes Weeks 1–12: Midterm Review 09/16/2024 Subjective = perceived reality, conditioned by personal mental characteristics/states Objective = having reality independent of the mind → independent of individual thoughts, perceptible by all Neutrality = to avoid taking a stance “Argument to moderation” fallacy = logical fallacy based on assumption that ‘truth’ lies between two opposing positions Dana Haraway (1988) on Perspective -​ “Every view is a view from somewhere” -​ Objectivity is partial Power ≠ strength → Rousseau, The Social Contract -​ System of laws, rights → without them = no power The State: “human community that (successfully) lays claim to the monopoly of the legitimate use of physical force within a given territory.” -​ Max Weber, “Politics as a Vocation” -​ Access to military/police (exercise a monopoly), we accept this as a fact Side note: States are more likely to torture if they sign on the torture convention What is Power? 3 dimensions of power defined by Steven Lukes -​ One Dimensional Power -​ Restriction of another’s freedom (Mill) -​ Imposing your will on conduct of others directly (Weber) -​ Making someone do what they otherwise wouldn’t do (Dahl) Example of one-dimensional power: A government imposing curfews during a state of emergency -​ Overt exercise of power, the government is directly controlling the citizens' freedom of movement, compelling them to stay indoors during specific hours Base of Power Means of Power Amount of Power Scope of Power Resources to shape instruments/acts by Probability that the use Range of others actions of others which these resources of these resources responses determinable are mobilized works by you -​ Two Dimensional Power -​ Power by ‘shaping the agenda’ -​ Behind the scenes -​ Confining scope of decision/non decision-making  -​ Creating an illusion of choice Example of two-dimensional power: A government debates healthcare reforms but does not include universal healthcare in the discussion. Citizens are presented with only privatized or limited public options -​ The illusion of choice exists here, but the range of acceptable solutions has been pre-determined to align with the best interests of the government -​ Three Dimensional Power -​ “Structural power” = “function of collective forces and social arrangements, not individual decisions.” -​ One party can exempt themselves while another can’t -​ “Discursive power” = “Shaping… perceptions, cognitions, preferences” in ways that prevent conflict/contestation Example of three-dimensional power: Societal gender roles -​ Traditional gender norms in Western society discourage women from negotiating for higher salaries through embedded beliefs that assertiveness is unfeminine or undesirable. Because of this, women may undervalue their worth and accept lower pay without challenging systemic inequality -​ Cultural norms shape how individuals perceive themselves and their opportunities, ensuring compliance without explicit coercion or agenda-setting Indigenous Sovereignty and Treaty Making 09/23/2024 Sovereignty -​ God has sovereignty, executed by the king -​ Peace of Westphalia → recognized the full territorial sovereignty of the member states of the empire -​ European imperialism & colonialism -​ decolonization/challenges to sovereignty Doctrine of Discovery -​ Christians go out, find land, if ‘uncivilized’ people lived there they could say “we discovered this.” → because the people there were not using the land “as Christians would” -​ Established sovereignty over land previously unknown to European Empires Peter R. Russel → Sovereignty is a claim -​ Idea constructed by human beings, for human purposes Indigenous Sovereignty -​ Economic principles of reciprocity and sustainability -​ Transcends nation state borders -​ Rules about membership -​ Disrupted by settler colonialism -​ Disrupts settler sovereignty  -​ Is real, and also aspirational, existing between “what is & what is possible” (Wildcat & DeLeon) -​ Indigenous political-economic principles = reciprocity, sustainability, shared jurisdiction What is a Treaty? -​ Legally binding agreement between two or more parties -​ Sovereign states, international entities Pre-contact Treaty Making -​ Indigenous Nations made treaties with each other prior to European contact -​ Dish with one spoon treaty -​ Two Row Wampum The Numbered Treaties -​ Series of 11 treaties signed between the crown and Indigenous people in Canada between 1871 and 1921 -​ Purpose to secure land for settlement and access to natural resources Foundational Political Ideologies: Liberalism, Conservatism, Socialism 10/07/2024 Ideology = logic/speech of ideas, literally meaning “order of ideas” Negative/critical or neutral concepts of the term “ideologies” with different analytical effects Negative -​ Systematic distortion of our thinking and sensibilities -​ Property, sovereignty, progress by settlers, idea of the nuclear family -​ Especially as oppressive, need to be changed → creation of other ways to do Neutral -​ Sociology of ideas (central mode of analysis) -​ Emergence, functional role, change of ideas in political communities Combination of Negative & Neutral -​ Ideologies can be like stories → tells people about the ends and aims of political life, historical pasts, political present, and imagined future -​ Constantly using one idea to contrast another Liberalism Overview -​ Oriented in terms of rights, liberties, property, authority -​ “What is the proper relation between individual liberties and state authority?” -​ Emerges as weapon of new class in early modern period: merchants and bourgeoisie -​ Power even though not king/god → we are individuals outside connection to others, prior to any social relationship -​ Basis of revolutionary politics → “rights are prior to society” -​ Hobbes, Spinoza, Locke → everyone has some set of basic rights independent of society -​ Maximum equal liberty -​ Generates friction = unsocial sociability -​ Surrender decisions about frictions and disagreements to a third party -​ This third party is limited by commonly agreed upon rules (Rule of Law) -​ Ruled by the law and not people → group to interpret and create laws -​ Inalienable dignity towards individuals (Kant) → Dignity = people are not means to someone else’s ends, “the only limit to individual liberty is the harm of another.” (JS Mill, Harm Principle)  -​“The right is prior to the good” (Rawls) → diversity of pictures of ‘good life’ “There must be a domain of privacy… rooted in property and the family.” (Berlin) -​ Must be guaranteed by constitutional/institutional agreement -​ Paternalism = the state acting as a parent -​ Liberalism = state can only tell you what to do in terms of harming others -​ Liberal attitude: Kant, Critique of Pure Reason -​ Religion and legislation seek to exempt itself from criticism Conservatism Overview -​ Focused on tradition, order, immutable conditions human/non-human nature -​ Law & order/security politics (specific ‘brand’ of conservatism) -​ Lean on tradition or order? → suspend liberties to maintain order -​ Worldview = people need to be restrained, so moral values must be imposed on them -​ Is liberalism a tradition worth preserving? -​ Dangerous → traditions that are irrational, but totally worth preserving -​ “Make lives better or worse?” vs. Kant critique -​ Self conscious position post French Revolution -​ Individuals constituted, guided by habits of thought and action → tradition -​ Collective engagement with enduring problems -​ Michael Oakeshott, “On Being Conservative” -​ Edmund Burke, “Reflections on the French Revolution” -​ Problem with subjecting everything to rational critique -​ Everything has to be placed in a historical and social context -​ Politics of planning → Burke: There is no plan that works everywhere -​ John Kekes “What is Conservatism” -​ Limited control society has over its future -​ Politics = matter of holding back evil -​ Resisting change that will lead to evil -​ Renewal of conservative thought post-WW2 Socialism Overview -​ Human needs, mutual aid, collective and democratic control over production and reproduction -​ Production = stuff, reproduction = production of society -​ Human beings collectively transform themselves and nature through labour -​ How to meet needs of people = how to distinguish who you are, what society needs -​ How do we realize liberal claims with capitalism? -​ Under capitalism → ‘sell ourselves’, rendered formally equal, practically unequal, formally free, practically unfree, formally dignified, practically transformed into means for someone else’s ends -​ Marx: subject capitalist practices to democracy -​ Democratic socialist position = collective control over means of production → strikes -​ Social democracy = control through the electoral system -​ Marx and Engels “Communist Manifesto” -​ What principles are implicit in workers struggles? -​ Communism = abolition of original state of things, what's rational in what people are struggling/saying?  -​ Question of eliminating the state -​ Perplexities and permutations of 21st century ideologies Foundational Ideas: Democracy 10/21/2024 Neoliberalism -​ Demands the moderation of state power, the shaping of individual subjectivities, and the transition of governance process in the name of market rationalities -​ Margret Thatcher argued for neoliberalism, stating that there “is no alternative” Neoconservatism -​ Demands the mobilization of state power and the shaping of individual subjectivities in the name of moral regulation and order -​ Ex. ‘trad wives’ on TikTok NOTE: both neoliberalism and neoconservatism implicitly/explicitly eschew traditional commitments to democracy (outlined below) and limited politics in domestic and foreign policy Democracy -​ Literally means the power of many → Greek: demos (people), cracy (power/rule) -​ Democracy is an essentially contested concept -​ Difficult to define -​ Any attempt to define democracy usually entails taking a political stance -​ Two basic questions: what power? What people?” (who is included and who is excluded?) Short History of Democratic Ideas -​ Athenian democracy = the origin of democracy → women, slaves, and foreigners were excluded from “the people” -​ Considered to be a direct democracy (however they were governed by representatives selected by lot) -​ Major institutions: ekklesia, boule, dikasteria (courts) -​ Insonomia (‘everyone gets the same laws’)→ everybody is subject to the same law, all are privy to their creation and execution -​ Liberal democracy (in theory) -​ institution of political rule and procedure of political decision-making best suited to the protection of individual equal liberty -​ Aggregate interests, make decisions under conditions of disagreement -​ People who lose in democratic elections and are unwilling to accept the legitimacy of elections threaten future elections -​ How do you control the government by the people? → constitutions that set out individual unalienable rights -​ The Rule of Law -​ A political ideal that declares everyone, including leaders and lawmakers, are subject to the same laws -​ “No one is above the law” Democratic Universalism  -​ Democracy has universal tendencies -​ “Boundary problem” → who counts as “the people” and who doesn’t? -​ What theory of democracy/system/approach best addresses the boundary problem? -​ JS Mill, Reflections on Representative Government Theorizing Democracy -​ Procedural (1) vs substantial democracy (2) -​ Firm up the best procedures for decision-making (1) -​ Approximate substantial end goal (2) Deliberative Democracy -​ Deliberation is essential to decision-making -​ Joshua Cohen → exercise of power made, trace back to same people that power is exercised over Agonistic Democracy -​ Sees democracy as a matter of adversarial conflict, and valorizes this fact Activist/Insurgent Democracy -​ I.M Young “Activist Challenges to Democracy” -​ Direct action, ex. Boycotts, guerilla theatre, leafleting, etc. Democracy as System and Action Challenges to Democracy -​ Populism → tired of giving power to distant elites, taking power back for the people -​ Response to how neoliberalism and neoconservativism has shaped our political landscape since the 1980s -​ Argues anti-democratic tendency because these systems put leaders in charge -​ The ironic anti-democratic tendencies of populism -​ Urbanati’s critique of populism = since in power, it doesn’t know what to do with democracy, disagreement, etc. Week 7 Lecture Notes: Oct. 28th, 2024 Research Session 2 (Patrick T. Gavin) & Elections (Prof. Raphael) Reading: Chapter 12, “Elections and Electoral Systems” by Justin Leifso and Daisy Raphael Research Session 2: Citation Chaining -​ Citation chaining = method used to trace idea or concept forward and backward in time -​ Backward searching = look for references (articles cited by source X) -​ Forward searching = look for citing articles (articles citing source X) -​ Omni: red buttons top right of source shows resources in the bibliography and what it's influenced -​ Dependent on what Omni is aware of, not a complete list necessarily -​ Google Scholar: Search within citing articles tool -​ Google Scholar aim = breadth -​ Don't start w/ Google Scholar, start research w/ Omni -​ Web of Science: access through lib.uwo.ca “more databases” -​ Web of Science aim = quality (and breadth) -​ Impact factor = importance of the journal -​ Citation chaining caveats  -​ Can limit results along one narrow line of inquiry -​ Can keep you from discovering other valuable/related sources -​ Not all citations are equal: there are various reasons something may be cited, you'll have to think critically about why something is included in an article Elections Learning objectives: -​ Why elections matter to democracy -​ Criteria for free and fair elections -​ Different electoral systems and examine electoral college -​ Historical expansion of the franchise and why it matters to democracy -​ Persistent formal and informal barriers to voting What is the relationship between elections and democracy? -​ Democratic Loss -​ January 6th → fuels distrust & fear about democratic institutions, disrupts peaceful transition of power -​ Democratic Sacrifice -​ Builds the idea of democratic loss, describes requirement that citizens become good losers -​ All elections and all policy decisions create winners and losers -​ Living in a democracy requires sacrificing to uphold collective values related to idea of governance by the people -​ Lying or trying to coerce people into engineering a different outcome = fear and doubt about the democratic system What are elections? -​ Processes of selecting leaders and making collective decisions through voting -​ Have legitimacy because of electoral reform that has made elections more transparent and inclusive -​ Elections have not always been transparent, inclusive, and accountable -​ Struggle for right to vote and run for office -​ Elections = a form of accountability -​ Ensure democracy when they are: non-violent, occur at regular intervals, allow for max engagement among citizens, provide legitimacy to leaders -​ Note, even authoritarians like elections: gives appearance that they have the support of the people Free and fair elections -​ Universal suffrage = few/no limitations on participation -​ Everyone has the right to compete -​ Few or no limits on who can run for office -​ Free speech, freedom of the press, and open critique of those in power -​ Neutral oversight of election procedures (i.e. Elections Canada) -​ Accessible polling stations and opportunities for early participation (e.g. via mail-in ballot) -​ Secret ballot -​ Early democracies had public voting, not free from coercion -​ Measures to combat prevent and punish fraud  -​ Procedures for recounts and disputes (emphasizing rule of law) Electoral systems -​ Determine how votes are cast and counted -​ Determine how vote share is converted to seat share -​ Majoritarian -​ Designed to skew the vote share and seat share -​ “Winner take all systems” (ex. Canada, US, UK, many former British colonies) -​ Country/province = divided up into electoral districts (or ridings), one person is elected per riding (single-member) -​ The candidate needs a plurality of votes to win; winners do not need a majority (50%+) -​ Advantage: simple to administer, easy for voters to understand -​ Advantage: (theory) - creates a strong link between representative and constituent -​ Advantage: engender stable governments because they tend to manufacture majorities -​ Women are more likely to be chosen for ridings they cannot win -​ Peoples’ votes are not proportionate to each other because design to manufacture majority governments -​ Flaw: vulnerable to gerrymandering = manipulating boundaries of an electoral constituency to favour one party/class -​ Origin of word = Gerry did ^ and his district looked like a salamander -​ Proportional representation (PR) -​ Designed to have proportional relationship between vote share and seat share -​ Much more common worldwide (various types of PR systems) -​ Goal = ensure seat share is proportionate to vote share -​ Require multi-member districts (e.g. PR systems where voters select multiple candidates from a list) -​ Advantage: more representative of the population, votes mean more, parties must cooperate, smaller parties can break through -​ Flaws: complex systems, confusing processes; governments formed after votes through coalitions; coalitions can either be unstable or endure beyond voters’ wishes -​ Mixed -​ Mix of both: some seats chosen through one system, some chosen through another The electoral college -​ Roots in debates about slavery, disenfranchising black voters -​ During conventions on the constitutions, there were debates about how slavery would factor into the new political system -​ Agreed that states would have members in the House of Representatives relative to their population -​ Southern states wanted enslaved people to be counted as citizens for the purpose of determining how many seats they would have in the house -​ Northern states argued that this would be unfair, since enslaved people were “property” and not citizens -​ The “three-fifths compromise”  -​ Enslaved people would be counted as “three-fifths” of a person, or three-fifths of all enslaved people would be counted for the purposes of determining representations in the House -​ Black people were dispossessed and Southern had inflated representations in the House -​ Used to select the president -​ Each state had electors -​ Number of electors is determined by number of senators (2 per state) plus number of representatives in the House -​ Whoever wins the popular vote in a state wins that state's electors -​ Electoral College does not protect slavery, but it does make the voters of Black and Latino voters less impactful because they tend to live in disproportionately in larger states and big cities; meanwhile, smaller states with white, rural populations have outsized influence Persistent informal barriers to voting -​ 1960s - MAACP & MLK SCLC led civil rights movement focused on equal voting rights and racial justice -​ Led to Voting Rights Act (1965) which said states can't discriminate -​ 2013 Changes to Voting Rights Act -​ Ruling to remove important sections: arguing state electoral reforms no longer required federal approval -​ Led to wave of state laws, including voter ID laws, designed to discriminate against marginalized communities -​ People who are disabled, lower-income, less likely to be able to afford costs of documents -​ Black people less likely to have gov photo ID, more likely to be questioned re ID -​ Voter ID laws = designed to address a problem that does not exist = voter impersonation is incredibly rare -​ Post-2020 voting law changes: Georgia -​ Passed Republican-led senate -​ Created barriers to voting; legislation inspired by false claims about election fraud in 2020 -​ New rules about where people can vote that make it harder for people to cast ballots (e.g. change of polling station, voting at “out of precinct” station only after 5pm, reduction of ballot boxes (indoors, only during working hours) Formal barriers to voting -​ 2018 Florida = enabled former felons to vote -​ Canada 2000 = supreme court extended the franchise to people who are incarcerated Political Parties 11/04/2024 Last week discussion recap: Elections -​ The electoral systems matter to representation -​ United States: popular vote vs. the electoral college  -​ System contested & debated -​ Republicans more likely to lose popular vote, win electoral college, vice versa -​ 3 major types of electoral systems -​ Criteria for free & fair elections -​ Universal suffrage, freedom of press -​ Observers to ensure/assess democratic process -​ Formal & informal barriers to voting -​ Racial minorities -​ Elections & electoral systems only as robust as the investments that leaders and citizens put into it -​ Citizens need to be invested in learning how the system works -​ Leaders should not co-opt/abuse systems for their own purposes -​ Democratic loss & sacrifice -​ Democratic system relies on people being able to accept loss Partisanship & political science -​ You should not evaluate the questions we consider in this course through the lens of your own partisan affiliations Political parties - why do they matter? -​ Represent ‘citizens’ voices -​ Organize like-minded people into groups -​ Debate policy issues in legislatures & outside -​ Share power/transition role of governance -​ Holding other political parties and leaders accountable (also media plays role in holding all political parties accountable) -​ Shaped the style and substance of politics in representative democracies -​ Citizens tend to define their own political ideas in relation to political parties -​ Explain key issues to voters & help them understand what is at stake -​ Change and adapt according to broader political, economic, social, and technological shifts -​ Capture and articulate shared goals, values, and policy ideas despite deep diversity among their members -​ Role in selecting leaders: members of political parties vote for who leader should be -​ Provide opportunities for citizens to engage in democracy Critiques of political parties -​ Don’t keep promises made during elections -​ Party system limiting choice (one/two-party dominance) -​ Strong loyalty → polarization -​ Stereotypes arising from support for specific parties -​ Ex. NDP = socialist -​ Trump calling Kamala Harris “Comrade Kamala” -​ Divisive → “support us and not them” -​ People may opt to vote for a party over a candidate -​ Leader dominated -​ Lack of representation for certain groups/ideas -​ Prioritize winning elections over crafting good policy  -​ Run by professional marketers who are overly focused on strategy and manipulating public opinion -​ Fail to be diverse, equitable, and inclusive -​ Can misinform and/or spread disinformation -​ Too hierarchical and dominated my the leader -​ Engage in wedge politics -​ Try to divide a group by identifying an issue that will polarize people -​ Ex. healthcare for trans kids Historical context -​ Political parties have not always been a feature of representative democracy -​ Rather, systems of representative government led to the development of political parties -​ 19thC US, parties = loose factions of like-minded representatives, w/o an organizational structure outside the legislature -​ Debate: would these factions help or hurt representative democracy -​ Edmund Burke -​ Irish-English philosopher -​ Argued parties were a good thing -​ factions/coalitions of like-minded men would better enable the legislatures to carry out their public roles than if each legislator acted individually according to his own conscience -​ James Madison, George Washington -​ Concerned that factions/parties would be very divisive -​ Washington warned “In the most solemn manner against the baneful effects of the spirit of the party” Historical context: Canada -​ First political parties emerged mid-19thC as loose coalitions within legislatures -​ Early elections were local in scope; there was no national party infrastructure until the late-19thC -​ Sr. John A. MacDonald used patronage to capture “loose fish” into his Conservative Party -​ Late-19th/early 20thC parties were “pre-democratic” -​ Liberal Party = insignificant until 1887 when Wilfred Laurier became leader and created a national party that could compete with the Conservatives -​ Appealed to the idea of provincial autonomy/decentralization (Quebec), as well as Francophones and Catholics -​ Liberal party came to power in 1896 -​ Thereafter, known as the “natural governing party” -​ For most of Canadian history liberals = in power Types of political parties -​ Cadre versus mass parties -​ Emerge in legislatures -​ Leader dominant -​ Weak party organizations -​ Big donors -​ Originate in social movements/civil society organizations -​ Strong, active party organization/base  -​ Stronger ideological perspective -​ Brokerage, “big tent”, or catch-all parties -​ Broker mediates deals or agreements among competing interests -​ Likewise, brokerage parties seek to capture competing interests under a single banner -​ In order to do so, they avoid firm ideological commitments, appealing to people from across class, regional, social, cultural, and linguistic divides -​ Appealed to the “national interest” to provide a unifying national vision -​ Liberal party of Canada has historically been a brokerage party -​ Could change in area of marketing-oriented parties -​ Marketing-oriented parties -​ Major Canadian parties today are marketing-oriented parties -​ From “catch all” (brokerage parties) to “catch enough” for a minimum winning coalition -​ Need support of ⅓ of the electorate to from government -​ Use data and marketing strategies to promote politics and ideas that appeal to segments of the population (i.e. tax credits for hockey parents) -​ May involve wedge politics -​ Electoral platforms and government policies designed to target small segments of the population are divisive -​ Related to the permanent campaign -​ doctrinal/“third”/interest-based parties -​ Examples: Social Credit, CCF, Bloc Québécois, Reform Party -​ Emerged from social movements, foreign Liberals and Conservatives to adapt -​ Cooperative Commonwealth Federation (CCF) during the Great Depression -​ A diverse coalition including western farmers, labour groups, socialists, and social gospel activists -​ In Canada: -​ CCF argued that the Liberals and Conservatives were unresponsive to citizens’ basic needs, and represented the interests of the business class -​ 1933 Regina Manifesto -​ Influenced Liberal Party to embrace similar policies, and the Conservative Party to rebrand itself “Progressive Conservative Party” -​ Merged with Canadian Labour Congress in the 60s and rebranded itself to the party of labour (NDP), embraced more moderate stance, abandoning socialism in favour of embracing mixed economy The left/right spectrum -​ What factors complicate the left/right spectrum? -​ Economic shifts and consensus about political-economic ideas (e.g. Keynesian economics versus neoliberalism) -​ Appeals to the “national interest” (for example, immigration policies in post-Confederation Canada) ​ Declining role of trade unions among working class voters, rise of top-down (as opposed to grassroots) populist parties claiming to represent “ordinary” people -​ Issues that transcend left and right: anti-racism, “diversity”, climate change  -​ What causes political violence? Constitutions 11/11/2024 Learning Objectives -​ Explain what it means to say constitutions are nouns and verbs -​ Define constitutions -​ Distinguish between written and unwritten constitutions -​ Explain the historical emergence of constitutions -​ Explain what it means to say that constitutions are contested -​ Identify differences between the American and Canadian Constitutions Constitutions as nouns -​ Documents containing written rules -​ Sets of unwritten rules (or conventions0 -​ The supreme law of the people -​ Often contains rights -​ (are things) Constitutions as verbs -​ To constitute -​ Empower federal government and provincial governments each with responsibilities -​ Shape political community and individual subjects’ lives -​ Citizens come to understand themselves in relationship to the constitution (rights given or rights suppressed) -​ Interpreted by citizens and judges who shape and reshape meanings -​ (Do things) Constitutions as supreme law -​ In the state systems that emerged from the peace of Westphalia, states gave themselves exclusive power to make laws -​ The states’ law are supreme and more powerful than other rules or laws (e.g. religious laws;university rules) Constitutions establish the fundamental rules and principles in which how a state is governed, determining which institutions have power Written -​ Written constitutions are codified in a document or set of documents -​ All other laws must be consistent with the constitution -​ Written or codified constitutions includes rules about how to change the constitution (amending formulas) -​ It is more difficult to change a constitution Unwritten -​ Are not codified and consists primarily of constitutional conventions -​ Constitutional conventions are principles that are not set out in a legal document -​ The British constitution is based on convention and a series of statues (legislation) that are long-established -​ (e.g. the British monarch will assent to a bill once it has been passed by the legislature) Constitutions in historical context -​ US (1787) and France (1789) are the two major examples of drafted formal conditions -​ The founders of the constitutions were revolutionaries, influenced by enlightenment liberal thinkers (eg. Montesquieu) -​ Argued that the power of the government must be codified and limited to prevent a ruler from exercising power in excess (this was Montesquieu’s thoughts) -​ Argued that the will of the people must be protected and must be legal oversight Montesquieu -​ The spirit of the laws (1748) -​ Examined the conditions of governance -​ Concluded there is no singular ideal condition; it’s all relative -​ Constitutions should codify rules to prevent tyranny -​ Judicial, executive and legislative branch should be separate This is idea forms from specific time Constitutional democracy -​ “Self-government” -​ Autocracies have ruled for most of human existence that people were just to an autocrat (king queen emperor) -​ The notion of self-determination or the will of the people justified overthrowing of these rules and the implementation of fundamental rights and rules -​ 20th century - proliferation of written constitutions worldwide Constitutions are contested -​ They are contested in the present -​ Constitutions are the product of struggle -​ Constitutions are the product of and reflect particular values -​ Life liberty and pursuit of happiness -​ Constitutions express history and culture of a people, varying in form according to particular social economic and geographic features -​ Constitutions are made for different reasons, ex. Canada was a reaction to American economy Similarities & differences between US & Canada United States Canada -​ Product of revolution from colonialism -​ Product of colonialism and conservatism -​ Federal system (separation of power) -​ Federal system (centralized) -​ Constitutionally entrenched rights -​ Parliamentary system (fusion of powers) -​ Amend -​ Constitutionally entrenched rights -​ No override of legislatures -​ Nearly impossible to amend -​ Override cause  -​ Federalism in Canada vs US -​ In federal system, multiple governments (central and regional) share sovereignty -​ Levels of government derive their power from the constitution -​ The provinces are not subordinate to the federal government or vice versa -​ Conditional changes require the consent of both levels of government -​ US wanted less power to federal government, especially southern slave states, John A Macdonald wanted more power to federal government -​ Federal gov. Has power over defence, trade, taxation, very important -​ Provincial gov. Has power over healthcare and education (huge & expensive but back in 1800s the founders didn’t think it would be) Presidential vs parliamentary Parliamentary Party Presidential -​ The parliament has the final say in the -​ Checks and balances (separation of selection of the head of government legislative and executive branches) -​ PM is drawn from the legislature -​ Voters elect the president directly Canada’s factions of powers -​ Executive & legislature are fused a.​ The formal executive (the crown) b.​ The political executive (PM & Cabinet) c.​ House of commons (legislature) A responsible government doesn’t behave responsibility, the executive is directly responsible to the House of Commons, voters are at the bottom US factions of powers -​ Separation of powers or “checks and balances” -​ Judicial -​ Legislative -​ Executive Key Points: -​ Parties in Canada don't have strong ideological commitments Poli-Sci: Courts and the Politics of Law Law, Courts, and Politics -​ Concerns regarding power and government - how do courts interact with arrangements of power, and how do they structure relations between rules and ruled -​ Political scientists are or should be reluctant to consider legal procedures as an autonomous legal system The Judiciary in Liberal Democracies -​ Three Major Functions: -​ Adjudicating legal disputes between private parties  -​ Between two parties (ex. 2 people) -​ Rendering judgment on Public Law -​ Between the gov/state and private entities -​ Judicial Review -​ Simply: when courts overturn, edit, abolish laws Courts and the “Rule of Law” -​ In constitutional democracies, we are supposed to be ruled by the law, not people -​ We refer to courts as an embodiment of the above principle, but judicial and executive applications of law are conducted by people -​ How do we avoid the distortion of laws rule into people's rule? -​ “The judiciary… is the only institution in our regime that has the power to decide unilaterally just how much power it will have” (Malcolmson, 226) Principles of the Canadian Courts -​ Principle 1: Impartiality -​ Charter section 11(d) -​ Simply: you are entitled to an impartial judge -​ How is impartiality ensured? -​ “Ethic” of impartiality: track record of impartiality = factor in selecting judges -​ Bureaucratic system of appointing judges in Canada -​ Higher courts -​ You can appeal the decision of a judge (always a higher court besides the Supreme Court) -​ Could decide that the lower courts were partial, and can overturn verdicts -​ Adversarial procedure -​ Your lawyer is on your side regardless of their personal opinions -​ Best evidence, best arguments on how to interpret that evidence -​ Political neutrality -​ Judges must be politically neutral: they cannot make public statements on political issues -​ But can judges be politically neutral? What barriers might there be to this? -​ Principle 2: Independence -​ What is the difference between b/w impartial and independent? -​ Impartiality is an ethic we try to instill in judges -​ Independence is about the fundamental detachment of the judiciary from legislative and executive branches -​ Neutrality vs. autonomy -​ Ethic vs. institutions/rules -​ How judges are appointed: does appointment or election better ensure independence? -​ Recent case: Ford Staffers on judge selection committee -​ Judicial Activism -​ Opposite of Judicial restraint (restraint = trying to stick as close as possible to the letter of the law and previous precedent) -​ Decisions that go beyond written/explicit law to realize implicit principles + goals  -​ Classic US case: Brown V. Board of Education, Citizens United v. FEC -​ Ex in Canada: legalization of MAID (Medical Assistance in Dying) -​ Principle 3: Equality Under Law -​ Basic principle of liberal governance: no exceptions or immunities to the law -​ Section 15(1) of Charter -​ No discrimination on grounds of gender, race, creed, etc. -​ How does this relate to impartiality and independence? Key Distinctions -​ Public vs. Private Law -​ Public Law: Constitutional, criminal, administrative, tax -​ Private Law: Tort, contract, family, property -​ Common Law vs. Civil Law -​ Common Law: Judge-made law → law build overtime based on precedent -​ Civil Law: based on civil code → cant cite precedent -​ Common Law is used everywhere in Canada except for Quebec Constitution & Courts -​ Section 92 establishes provincial courts appointed provincially -​ Section 96 establishes special judges appointed federally, e.g. Superior Court of Justice in Ontario (still on provincial matters) -​ Section 101 = Federal Courts Jurisdiction -​ Authority to ‘speak’ on law -​ Provincial courts have exclusive jurisdiction over provincial + municipal offences (e.g. traffic, ‘summary offences’) -​ Approx 95% of trails involving offences are head in s. 92 (provincial) courts -​ Types of Jurisdiction: -​ Territorial -​ Hierarchical -​ Subject-matter Judicial Appointments and Comparative Perspective -​ Canada: Judges appointed by the Governor General, at the indication of the PM and Justice Minister. This is a rubber stamp on a bureaucratic process of evaluation under the justice minister consulting experts and legal community -​ Largely bureaucratic? -​ United States: Judges are appointed by the president, and examined/approved by the Senate -​ Largely political? Some Big Policy Issues Raised by Structure -​ Federalism: questions of provincial vs. federal power -​ Workload -​ Problems in the experience of litigants Politics and Courts: Some Issues -​ R. v Jordan: the limitation of workload -​ court cases must be tried in 18 months (30 in superior) -​ “Justice delayed is justice denied”  -​ For ‘offenders’ -​ For ‘victims’ -​ Abortion: R. v Morgenthaler -​ Ruled that abortion prohibition in Criminal Code violates section 7 (security and liberty of the person) -​ Morgenthaler = a doctor -​ Question: does this mean that “abortion rights” are constitutionally protected? -​ Bertha Wilson’s Concurrence -​ Policing -​ Police powers are set out in Criminal Code and RCMP Act -​ Most course cases turn on questions of reasonable suspicion, search and seizure, use of force (e.g. R. v Le) -​ The necessity of police law-breaking raises questions of “legal lawlessness” (Gregoire Webber) -​ Boagaerts v Attorney General of Ontario -​ Do ‘private entities’ have policing powers (of investigation and arrest)? -​ Trial court judges that giving these powers is unconstitutional (violates sec. 7) bc it lacks clear, public mechanisms of transparency and accountability -​ Appeal courts said that doesn’t violate charter rights, it's just bad policy (ergo, not court’s problem) -​ Effects: Raises possibility of expanded privatization of police power, and implies that transparency/ accountability detached from charter questions -​ R v Hart -​ Ruled that confessions in “Mr. Big” operations are “presumptively inadmissible” -​ Unless probative > prejudicial -​ Or doesn't rise to level of coercive or abusive state conduct -​ Aboriginal title: Ddelgamuukw (1997) -​ BC courts rule aboriginal title = extinguished -​ Supreme Court of Canada rules that BC “had no right” to extinguish Indigenous territorial title, that oral history/knowledge can be used as evidence, and set limits on the usages of “aboriginal title” Bureaucracies and Public Policy 11/25/2024 Learning Objectives -​ Bureaucracy, public policy, and the public service bargain -​ The policymaking process -​ The characteristics of bureaucracies -​ Political-economic shifts that have transformed bureaucracies -​ Neoliberalism and new public management -​ Reforms to bureaucracies (i.e. equity, diversity, and inclusion, training on reconciliation, GBA+) Defining Public Policy  -​ “A course of action or inaction chosen by public authorities to address a given problem or interrelated set of problems” (Mintz et al. 2021, np) -​ “The complex set of choices that a government makes on behalf of their citizens” (Marland and Wesley, 2019, 31) -​ “Whatever governments choose to do or not to do (Dye, 1978, 3) The Policy Making Process Agenda setting → policy formation → decision-making → policy implementation → policy evaluation -​ Not linear. Circular, can skip steps, etc. -​ Politicians would ideally be very clear about their agenda, thus people could be informed of who they're voting for Public Servants -​ Non-partisan workers in government departments and agencies -​ “Civil servants”, “bureaucrats”, “public servants” -​ Serve “on the front lines of Canadian democracy (Marland and Wesley, The Public Servant’s Guide to Government in Canada, 2019, 1) -​ Provide advice to cabinet ministers (i.e. Policy analysts), ensure citizens have access to public services (i.e. licensing, health cards), and work closely with political (partisan) staff -​ Approx 4 million people are employed in the public service in Canada Role of a Public Servant -​ Public servants do not decide policy; ministers, who are accountable to the legislature and the public, decide policy -​ Must remain non-partisan, follow the direction of their superiors or “political masters” -​ The public service bargain - public servants should “provide fearless advice to their superiors and political masters and, when political decision is made, loyally implement that decisions within the bounds of the law and the constitution” (Marland and Wesley, 2019, 4) -​ In return for their impartiality, they (should) receive competitive pay and job security The Weberian Bureaucracy -​ German sociologist Max Weber (1800s) -​ Governments should be efficient, professional, hierarchical -​ Structured by formal rules and boundaries -​ Bureaucrats should have expertise and job security in return for their service -​ Not loyal to politicians but to democracy Public Servants vs. Political Staff -​ Anonymous -​ Non-partisan, neutral -​ Cautious -​ Consult with various stakeholders -​ Work within a rigid structure or fuels, boundaries -​ Culture defined by norms of public service  -​ Job security -​ Public figures -​ Very loyal to party -​ Risk-takers -​ Focused on voters, winning elections -​ Work within a less formal, more flexible and adaptive structure -​ Culture developed on the campaign trail -​ Temporary jobs Patronage -​ System whereby appointments to bureaucratic roles determined by loyalty to parties -​ The opposite of Weberian, professional, neural bureaucracy -​ Patronage reinforced existing social hierarchies (e.g. men viewed as suitable for the profession) Crises & Shifts in the Bureaucracy -​ 1867–1930s = classical liberalism, capitalism Great Depression & WW2 causes shift -​ 1940s-1970s = social liberalism, welfare liberalism, Keynesian economics Oil shocks cause shift -​ Keynesian economics: states and their governments have a role to play in managing their economy. Capitalism on its own cannot provide for everyone, so governments should intervene to control inflation and unemployment -​ 1970s-present = neoliberalism, individual self-sufficiency and responsibility, small government, new public management The Great Recession, COVID-19? Neoliberalism -​ Radical economic experiment associated with Milton Friedman, Freidrch Hayek -​ Implemented notably by Thatcher, Reagan -​ Deregulation (“cutting red tape”) -​ Privatization (limited government services “smaller government”) -​ Free trade New Public Management -​ Belief that governments are inefficient -​ Focused on finding “efficiencies”, eliminating “waste”, and identifying opportunities for “innovation” -​ LEAN -​ Problem - should bureaucracies operate like businesses? Consulting & Democracy -​ “Ottawa contracts comprise up to 10% of McKinsey Canadian revenue” - the Globe & Mail -​ Project 2025’s plan to gut civil service with mass firings: ‘It’s like the bad old days of King Henry VIII’: even as Trump tries to disavow the right wing blueprint, both have similar plans to replace many federal employees (article) The Public Service: Equity, Diversity, and Inclusion  -​ The Canadian public service is not representative of the population -​ Should the public service reflect the principles of EDI? (should the public service be more diverse?) Engaging with the TRC -​ Educating public servants on topics of TRC & Indigenous history in Canada Studying Policy -​ Studying policy means examining the “broad set of forces that set the context for public policy and examining the details of the processes that lead to the adoption of specific policies” -​ Studying policy means examining various influences on policy, including ideas, ideologies, values, established patters, competing interests, and power relationships -​ Finally, studying policy involves assessing whether governments are accountable, legitimate, and transparent Studying Notes for Exam -​ Notes on lectures, tutorials, textbook (readings) -​ Exam review during lecture December 2nd (next week) -​ Format of the exam: -​ Roughly 10% = multiple choice -​ Roughly 20-30% = short answer (ex. Define given term & why it matters) -​ Remainder = essay questions (will have choice) Midterm Exam Review 12/02/2024 Lecture Objectives -​ Describe -​ Describe structure of the exam -​ Answer -​ Answer questions about course content -​ Identify -​ Study tips with upper-year students Exam Structure -​ Part 1: multiple choice questions & true/false questions (10%) -​ Tests basic comprehension of concepts, ideas from lectures and readings -​ One point each -​ Part 2: short answer (40%) -​ Ten points each -​ Choose from a list of concepts -​ Define the concept -​ Provide an example that illustrates the definition -​ Explain the significance for the study of political science/democracy -​ Responses should be about 6–8 sentences  -​ Part 3: essay questions (50%) -​ 25 marks each -​ Four questions; answer two -​ Questions deal with key concepts and issues we have discussed in the course -​ Provide your argument and support your argument throughout -​ Use evidence from lectures, readings -​ Be sure to clearly and precisely define key concepts -​ You can use part of the exam booklet or document to plan your response -​ Responses should be several paragraphs—the length of your response depends on how concisely you write, and whether you have provided enough relevant information -​ Define concepts throughout Questions about Course Content (asked during lecture): -​ Expanding on elections: -​ Electoral system: how votes cast & counted, how vote share is translated into seat share -​ Types of elections: majoritarian, proportional representation, mixed -​ Overview of Indigenous Treaties: -​ Review slides and reading -​ Return to tutorial activities detailing Hayden King reading -​ Think about precontact treaties, treaties between Indigenous/non-Indigenous nations -​ Dish with one Spoon, Two Row Wampum, Royal Proclamation 1763, 11 Numbered Treaties -​ Tip: look back at the textbook & lectures and review how they explain concepts etc. -​ Difference between neoliberalism & neoconservatism: -​ Both concepts turn to the state to remake society -​ Both lay claim to their own distinct tradition -​ Neoliberalism is an attempt to remake society in terms of market rationality → reducing social relationships to exchange relationships. Individual right to be a producer, consumer, exchanger of things. -​ Neoconservatism turn everything into a set of moral judgments, moral principles, linked to the traditions of the society in which they live: look towards the family for example (traditional nuclear family for example). Exam Tips & Tricks -​ Organizing study time -​ Make a schedule -​ Plan study sessions for each section of the exam. Dedicate specific days to multiple choice, short answers, and essays -​ Use pomodoro technique (25 minutes of focused study, 5-minute break) -​ Prioritize topics -​ Focus on topics that were emphasized in lectures and tutorials. If the professor repeated something or spent extra time on a topic, it's likely important -​ Study environment -​ Try to study in a quiet environment -​ Effective study methods -​ Active recall  -​ Instead of passively re-reading notes, ask yourself questions -​ Create flashcards and quiz yourself -​ Flashcards and summaries -​ Use apps like Quizlet or Goodnotes to memorize terms and definitions -​ Write 1-2 sentence summaries of readings and lectures in your own words -​ Study groups -​ Discuss key terms and essay themes with classmates -​ Teach to learn -​ Explain a concept to a friend or family member. If you can teach it clearly, you understand it well How to Study for Each Section -​ Multiple choice -​ Quizlet/Goodnotes ​ -​ Summarize key terms into two sentences, and then on things like Quizlet you can go into test mode -​ Mnemonic devices -​ During the exam -​ Process of elimination -​ Don’t second guess yourself, go with your gut -​ Short answers -​ Know border concepts of the course -​ Write fake short answer questions and put yourself in an environment you are in the exam and answer them -​ Make sure you can explain the significance of each answer and be able to provide examples/explain its relevance and why it is important in relation to the course themes -​ Essay questions -​ Planning before writing -​ Take 5 minutes to outline your response. Write down your thesis, main arguments, and examples -​ Structuring your essay -​ Intro: State your thesis clearly -​ Body Paragraphs: focus on one idea per paragraph, with examples. Use evidence from lectures and readings -​ Conclusion: summarize your arguments and reaffirm your thesis (add why this topic is important to study) -​ Write mock essays -​ Practice writing essays within the time limit to build speed and confidence -​ Anticipate topics -​ Review lectures, readings, and past papers to predict potential questions -​ Prepare outlines -​ Create quick essay outlines for key topics, including a thesis and main arguments Exam Day -​ What to bring -​ Water bottle, pens, student ID, comfortable clothing -​ Avoid clutter—only bring what you need -​ During the exam -​ Time management -​ Read through the entire exam first. Allocate time for each section -​ Answer easier questions first to build confidence -​ Stay calm -​ If you feel overwhelmed, pause and take deep breaths, inhale for 4 seconds, hold for 4 seconds, exhale for 4 seconds -​ Remind yourself: “I’ve prepared for this, I know this material.”