Term
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Definition
| Conflict over the allocation of values |
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Term
| Why is conflict in society unavoidable |
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Definition
| Material scarcity and philosophical disagreements |
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Term
| How do societies deal with conflict? |
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Definition
| Government: the authoritative allocator of societal values (material and philosophical) |
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Term
| What makes governments authoritative? |
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Definition
Legitimacy (self-imposed sense of obligation)
Coercion (preponderance of force in society) |
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Term
| How do governments deal with conflict? |
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Definition
| Make rules to allocate values |
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Term
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Definition
Exogenous - external origins, not made by those to whom they apply
Endogenous - internal origins, made by those to whom they apply |
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Term
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Definition
Structural rules: rules of the game: how to allocate
Policy rules: substance: what is allocated
All rules are biased: advantage some over others |
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Term
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Definition
Society's conflicts over values gravitate to government because its decisions are authoritative.
Government's rules are biased and so produce more conflict in society over the allocation of values
A political perspective on government focuses on how government manages the conflicts of society |
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Term
| Why start with the Constitution? |
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Definition
1. Fundamental rules of the game of government
2. Exogenous to the national government
3. Biases: Advantages and Disadvantages |
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Term
| How did the politics of the time shape the constitution? |
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Definition
| Effects of Colonial Era Experiences, effects of confederation era experiences, convention politics, politics of writing rules for ratification, and politics of winning ratification |
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Term
| Effects of Colonial Era Experiences |
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Definition
national vs. state powers
executive vs. legislative power's |
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Term
| Effects of Confederation Era Experiences |
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Definition
Conflicts over new government's structural rules:
1. Nation - state relations: unitary vs. confederal government
2.Number of branches: should there even be an executive branch? |
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Term
| Choices Reflect Colonial Experiences |
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Definition
Articles of Confederation:
1. Confederation vs. Unitary government
2. Legislative branch only vs. Multi-Branch (e.g. executive/judicial) |
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Term
| Two Problems with Confederation |
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Definition
1. Weak national government: no taxation, no regulation of trade among states which led to protective tariffs.
2. No executive to carry out laws and represent/defend US interests throughout the world |
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Term
| Response to Problems with Confederation: Calls for Reform |
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Definition
Annapolis Convention: poorly attended, but called for another convention
Shay's Rebellion: 12 states agreed on the need to revise articles |
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Term
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Definition
No consensus about characteristics of government:
1. Basis of Representation
2. Slavery
3. Executive Power |
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Term
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Definition
| Virginia Plan (population based) vs. New Jersey Plan (state based) vs. Connecticut Compromise (one of each) |
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Term
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Definition
| 3/5ths Compromise: Representatives and taxes shall be apportioned among the several states in the union, according to their respective numbers by adding the whole number of free persons and three fifths of all other persons. |
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Term
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Definition
| Enumerated (specific, Article I) vs. Implied (vague, Article II) |
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Term
| Politics of Writing Rules for Ratification (Article VII) |
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Definition
1. How many states needed to ratify?
2. Who in states ratify? |
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Term
| Politics of Winning Ratification: Preempt Opposition |
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Definition
1. Federalists opposed statement of rights
2. Anti-federalists demanded statement of rights and called for new convention
3. Federalists promised protections: The Bill of Rights
Summary: The constitution was shaped by contemporary political considerations |
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Term
| Constitution as a Statement of Philosophical Values |
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Definition
| Intellectual Roots: Classic Liberalism (i.e. protect individual freedom with equal rights, and inalienable rights - those from God, not government.) |
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Term
| Classic Liberalism's Problem |
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Definition
| Rights suppressed (strong over week, rich over poor) |
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Term
| Classic Liberalism's Solution |
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Definition
Government:
1. Governments limited function is to protect rights.
2. Government's structure is democratic (consent of governed) and Majority rule (equality) |
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Term
| Classic Liberalism's Paradox |
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Definition
Risk of Majority Tyranny: From Federalist No. 51
Unified majority in a democratic government inevitably tyrannizes minority rights |
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Term
| Founders' Resolution to Paradox |
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Definition
Modify Majority Rule (i.e. deter formation of unified majorities)
Key premise is to divide power |
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Term
| 5 solutions to deter formation of unified majorities |
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Definition
1. Republican form of government (representative vs. direct democracy)
2. Indirect Election Rules (create multiple constituencies over geography and time)
3. Separation of Powers (create multiple constituencies over government functions)
4. Checks and balances: empower minorities to block majorities
5. Federalism: create and empower multiple constituencies across government levels |
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Term
| Actively Modifying Majority Rule |
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Definition
Require supermajorities (>50% + 1 vote)
1. 2/3's to: convict impeachment and ratify treaties (senate) and override vetoes and propose amendments (H&S)
2. 3/4's to: ratify amendments by states
Require Concurrent Majorities (> 1 majority):
1. Majorities required in House, Senate, and Presidency to enact law. |
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Term
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Definition
Prohibit certain actions of unified majorities by limiting the government's jurisdiction.
Can't create:
bills of attainder, retroactive laws, deny states equal representation in the Senate, must include Bill of Rights |
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Term
| 3 Characteristics and Biases of the Constitution |
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Definition
1. Favors individual rights over majority interests
2. Favors status quo over policy change: "conservative"
3. Favors flexibility over rigidity |
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Term
| Flexibility vs. Rigidity of Constitution |
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Definition
Amendable: can be revised to reflect changes.
Ambiguous: can be reinterpreted. For example:
Early 1800s: National Supremacy (McCulloch v. Maryland)
Mid 1800s: State Rights (interposition and nullification)
1860-70s: National Supremacy (14th Amendment)
1880-1920's: Dual Federalism (Layer Cake)
1930-2000's: National Supremacy (Marble cake and fiscal federalism)
Present: Limit national supremacy - narrowly interpret "interstate commerce" clause (Lopez -1995; Brzonkla -2000)
Few Specifics in Constitution: no mention of bureacracy, parties, number of courts; few policy rules |
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Term
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Definition
| No interaction between national and state government |
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Term
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Definition
| Multiple interactions between national and state government |
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Term
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Definition
| Freedoms endangered by government. Protected by limiting government's actions |
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Term
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Definition
| Freedoms endangered by those outside the government. Protected by governments actions. |
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Term
| Civil Liberties and Civil Rights in Federalist Papers #51 |
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Definition
"In framing a government which is to be administered by men over men, the great difficulty lies in this:
You must first: enable the government to control the governed (i.e. protect civil rights)
And in the next place: Oblige it to control itself (i.e. protect civil liberties) |
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Term
| Civil Liberties Continued |
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Definition
Expanding 14th Amendment and "Incorporation"
Relative, not absolute level of protection varies over time (tensions between protecting individual and society. Consequently, as danger to society increases, protections of individual liberties decrease) |
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Term
| Free Speech - what's protected? what's illegal? |
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Definition
Alien & Sedition Act: Imprisoned critics of the government
Scheck v. US: "Clear and present danger"
Abrams v. US: "Bad tendency"
Brandenburg v. Ohio: "Incitement" |
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