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Political Science Notes

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Baruch College
Political Science
POL 1101

Political Science- Am. Gov & Practical values 2/1/2012 10:30:00 AM 1/30/12 American Revolution:  1. Incoherently liberal- America is born free. o John Locke’s world- liberty, property, religious tolerance and opportunity to revolt, limited government o America has immunity to change later on because of this inherent liberality o America should spread it across the globe  2. Belated Feudalism- shortcomings of American Revolution- minorities are left out! o Feudal relationships everywhere from work to at home to the king…weren’t even allowed to take bathroom breaks!  3. Paine vs. Madison o Paine- revolutionary, fighting for more freedom o Madison- state building, fighting for control Paine ―The citizen secures himself against genius by icon worship. By the touch of Circe’s wand, the divine troublemakers are translated into porcine embroidery.‖ – Edward Duhlenberg  Genius is disruptive and disconcerting. We don’t understand it. Make it easier by looking at them like they’re icons and far away. Circe’s wand turns people into pigs. Desire to turn genius into embroidery. Paine was a founding father, he was a revolutionist but not a polished politician- cursed, drank, bad jobs. Got job as journalist and wrote about abolition of slavery Common Sense  1776- John Adams was mistaken for author of Common Sense and praised Paine o 26 years later his opinion changed 2/1/12 Answers to diagnostic test  Vice President- Joseph Biden  Legislative (Congress), Executive (Presidency), Judicial (Courts)  Speaker of the House (in charge of House of Reps)- John Boehner  Secretary of State (in charge of foreign policy)- Hilary Clinton  Guarantees amendment of freedom of speech- first amendment right  How many supreme court justices are there? 9  How many amendments are there in the bill of rights? 10  Revolutionary war started 1776  American Civil war ended 1865 Common Sense  Radicalism and Revolution are the themes  Uses sarcasm  First mention of ―the United States of America‖ Battles of Lexington and Concord Paul Revere Paine said once the rage of war has hit everyone is engulfed in it. You have to declare your allegiance. At this point, majority of Americans did not want total independence (liked the security British gave them) Why did British give in the colonies list of demands? Didn’t have any aristocrats in America but also they wanted to keep colonists as a dumping ground Edmund Burke- said colonists have a good point, we should listen to them. Such unfair taxes! He was ignored. Paine wanted colonists to revolt but believed it wasn’t only for America, it just be worldwide. The American/ Democratic revolution has to go abroad. Common Sense:  Time vs. Reason o Time  Habit  Tradition  Dull, inertia o Reason  Critical thinking  Uses reason to think about the future  Truth o Society vs. Government  British Empire is old form in new world and it’s going to fall o The new generation is worthless, they grow up arrogant, isolated and disconnected from material world at large. Knows nothing of his people but inherently he is in a bubble. o Kingdomship is evil, an example is the Jews!  Then what should the revolution be trying to achieve? What’s the solution? o Talks about the fall of Adam and Eve from God’s grace and when they go out of Garden of Eden there are hierarchies (another fall)  We need a restraint… government! It will return us as close as possible to the natural order to begin the world again. Wants to recapture lost innocence.  Society- desires, wants and needs  Government- minimal security, a restraint on vices, necessary evil 2/6/12 John Maynar Keynes- You may think you have original ideas but really we’re influenced by ideas of intellectuals Thomas Hobbes John Locke- Primary value is property Paine thought all men should be able to vote not only those with property. And also an advocate of minimal government. Ronald Reagen mentioned Paine and Common Sense in his speech and. ―We have it in our power to start over again‖ Wanted to get rid of some programs of government like welfare Paine wants a state that provides minimal security because our conscience isn’t enough. Winston Churchill (Prime Minister of England during WWII)- Democracy is worst form of government except those other governments that failed Democracy- A system of rule by the people defined by the existence of popular sovereignty, political equality and political liberty Opposed to Democracy is Tyranny Tyranny- absolute power is invested in one person, a tyrant (ex: Raul Castro) Athenian Democracy (400 BC)- the first democracy that was small enough so that major decisions could be made by a meeting with all citizens  Only certain people were allowed to be citizens (no women and slaves) Aristotle said man by nature is a political animal- can only fulfill his nature through participation in the political community  If you don’t participate, you’re a beast in human form Demos- the life you led that was part of political community Idios- private, quiet life you let at home If move too much from Demos to Idios you’ll be an idiot Human nature has changed  Ancient Greek’s Democracy  Rome republic fell apart  Religion in Middle Ages with church as center (theocracy) o 1517 Church was split apart by Martin Luther and his 95 theses = Era of Protestant Reformation o Led to bloody wars th Thomas Hobbes (17 century 1588-1671)- Society requires a single sovereign who can rise above religious squabbles (keep religion in private life)  People would enter into a social contract- give up one portion of their autonomy for peace o Absolute sovereign enforces order o The social contract is for protection o Men enter into society to protect their lives o Mixed republic (limited monarchy that was restrained but elected parliament) John Locke (1632-1704)- Men enter into society to protect their property  Property is labor, life and liberty o If you don’t own what you labor on, then you’re never going to be free o Night watchmen state  If he fails he can be replaced o Wanted liberal monarch o Limited government o Individual rights based on property o Mixed Republic o The right to revolt 2/8/12 Rebirth of the political with Hobbes and Locke and with Paine  Athenian Democracy Christianity, church authority ReformationHobbes/Locke and Paine/Revolution Fundamentals of Democracy  1. Popular sovereignty- people rule o Government policies reflect interest or will of the people  Deliberative will- what people actually desire from government after actually considering the issues o Leaders selected in competitive elections  Elections that are free and fair  Participation in elections is necessity - popular participation o Deliberative will is a skill but a public cannot form informed opinions without high quality info  From government  Opposition parties  News media  How do you know if you're getting good info?  Get multiple sources o Majority rule  Can enforce rules by violence  2. Political equality- each person had same weight in voting and other decision making o 1920- women can vote o 1965- voting rights act (blacks)  3. Political Liberty- citizens are protected from government interference with the rights (religion, speech, association) o Need political liberty for democracy (but what about Russia- they have elections but no liberty. And Iran.) o Illiberal democracy- a democracy without basic liberal rights 2/15/12 Britain’s suspension of liberties American angry response Revolution Britain put variety of taxes on any printed matter (Stamp Act of 1765)  Increase of taxes without representation revolting and smuggling John Hancock- first signature of Declaration of Independence  Criminal mastermind against the British o Organized tea boycott to hurt the East India Company  British passed the Tea Act  Boston Tea Party  Sons of Liberty raided British ship of tea and dumped 45 tons in Boston Harbor o British passed Intolerable acts- suspended Massachusetts government and extended Quebec fortress and allowed royal officers that were accused of wrongdoing to be tried in England not in the colonies The First Continental Congress (1774)- met to resolve issues with Britain  Majority of colonists were not in favor of outright revolt nd 2 Continental Congress (1775)  In between both meetings was the Battle of Lexington and Concord  Then Thomas Paine wrote Common Sense nd Declaration of Independence- approved by 2 continental congress (July 4, 1776)  Natural Law (Laws of Nature come from Aristotle and Stoics) o We all want the same thing (like justice and peace) o Any sizable group would come up with the same solutions o The Magna Carta- charter that said British King renounce some of his rights  Protected Habeus Corpus (you can’t be detained without reason and a trial) o Social Contract- all societies should be based on mutual agreement o Led to liberal position on rights (good government protects the rights of its citizens)  Life, liberty and the pursuit of happiness (original text said pursuit of property)  Locke said right to revolt like it says in Declaration  Unfair grievances (unfair taxes and no representation)  England is too far away to properly rule and lost ability to be reasonable The Federalist Papers (1787) - 1787 Constitution was written but not ratified so it was attacked - Alexander Hamilton and James Madison set out to write anonymous defenses of the constitution  Hamilton (treasury secretary)- shot by Aaron Burr (VP of US) o Believed in Central Government, big business, American Empire, Wrote #78  Madison- served in Congress, wrote Bill of Rights, secretary of state, President in 1809, Wrote #10 and #51 Designers manual- reveals the writers intent and propaganda Federalist #10 Madison fears faction (what divides us)  How to cope with faction? o Remove its causes  Liberty  Human nature  Unequal distribution of property or wealth o Control its effects Democracy doesn’t work because people are self- interested Factions are going to create a mess especially with majority rule Democracy will attempt to redistribute wealth (poor will rise up and vote to take away wealth of rich) Democracy vs. Republic  Republic- delegation of government to elected representatives not directly so can enlarge public views and can be extended, greater number of citizens o Problem of size  1. However small, representatives need to be raised to a certain number in order to rule the cabals of the few (conspiracies)  2. Limited number in order to limit confusion of the multitude—fears this one the most so in favor more of a large republic  Easier to expand large republic than small 2/22/12 Anti-Federalists- opposed the Constitution  Cato  Wide disparity of economic interests in various states was bound to lead to diversity and problems o Madison said different economic interests made a dispute while Constitution was being written (North vs. South)  Anti-federalists lost Federalist 10.  Did it work? To convince you a big republic is the best? o 1. Constitution was a success and the federalist papers were its blueprints. And the republic has been stable.  Gary Wills- No! Balancing Act does not protect people especially minorities, minorities can fight back. Madison prevents action. (ex: took 6 years to pull out of Iraq) Federalist 51- argues for appropriate checks and balances and a separation within the government  Madison thinks you should check faction against faction  Government needs to be able to control the governed and itself= Balancing Act  Each department should be able to appoint own members- they stand apart and designed to clash o Exception: Judicial branch, judges need to be objective Federalist 78- The Judicial branch, weakest by deign  Executives have sword, legislature makes rules but judicial has no influence, no force or will only judgment- interpret laws o Even includes new laws passed by Congress  Roe vs. Wade (legalized abortion)- above politics and very controversial  Executives need to support ruling of the court but nothing to compel president to enforce Supreme Court decisions Abigail and John Adams letters  Abigail wants rights for women to vote  John says a lot of people (blacks, Indians…) undone authority and not listening to constitution and everything is chaos o Why exclude women from voting?  There will be no end, women will demand to vote and everyone will demand something Political Culture in America What is political culture? Fundamental beliefs that have political consequences  America shares political culture with multiple traditions Public policy reflect publics ideas 1. Belief in (Competitive) Individualism- individual’s fate is tied to his own efforts, people are naturally competitive and striving to be better than others  Against poor because they’ll never be rich if they don’t try 2. Equality of opportunity (but not equality of outcomes)- like government programs that equalize opportunity but oppose programs that redistribute from hardworking class to undeserving  Competitive individualism is not common in other Capitalists economies 3. Private property and enterprise- government must be limited in power so that private property and enterprise can thrive 4. Free enterprise- America likes free markets, willingness to work hard and trust business rather than government intervention  America loses out on some stuff because of free enterprise like losing jobs and public transportation and health care  Adam Smith was founder- ―Wealth of Nations‖ (book, 1776) 5. Distrust of government  We check government and believe in private over public 6. Democracy  Not highly regarded at the start of the republic but became more honorable 7. Freedom and Liberty 8. Populism- hostility of the common person to the powerful 9. Religious belief  Strong religious belief is associated with conservative tendencies 2/27/12 Control of the agenda determines the shape of the battlefield  Issues that don’t make it to the agenda, die Powerlessness- when you can’t find an answer to fix your issue  Crime, poverty… US has largest prison population- 2.2 million  Russia has one of largest crime incarceration rate (bad regime)  We have largest incarceration rate (even bigger than Russia) o Why?  Cops  Locked up for small crimes- drugs  Guns  Robberies  Recidivism (once you get into jail you get worse and not better so you commit more crimes)  Inequality  Lack of shelters  Social welfare  Is this a political problem? o Political vs. Social o How would use fix it?  Rehabilitation  Decriminalized- soft drugs  Education  Housing vouchers  Marriage benefirs  Why is no one talking about this?  What is it about political culture that might make this overlook this? o Individualism Blind spots in the Constitution:  Didn’t get women, slaves or Indians in Declaration  Original draft of Declaration mentioned slavery and said bad British for doing it but he cut it out o Why?  Many of them had slaves  Kicked it down the road to be dealt with later  Signers failed to see their problem or didn’t want to fix it 2nd Continental Congress wrote Articles of Confederation- first constitution (1777-1781)  Loose confederation of independent states  Everything was kicked down to the state level (each state decided what happened in their state) o States had veto power o Any defects were hard to fix because it needed unanimous with whole state o All legislation had to pass 9/13 states to pass  Why did this fail? o 1. Terrible indebtedness- confederation borrowed a lot of money and couldn’t pay it off because central government couldn’t compel states to pay what they owe o 2. Foreign Affairs- without a chief executive or army, can’t reach agreements with other nations o 3. Commercial Warfare- interstate commercial rivalry increased as states put taxes on goods crossing borders within 13 colonies Majority of middle class did not want to leave Britain, initially they liked confederation and wanted it to stay after they left Britain After they drove British out, they came up with Constitution because all Europe thought they would fail Articles of the Constitution: Article 1- Legislature Branch (congress) Article 2- Executive Article 3- Judiciary Article 4- The states  Section 4 guarantees the states republican government  If any state becomes dictatorship, they can go in and make it a republic Article 5- How to amend the constitution Article 6- Constitution and laws of US are laws of the land (even if state law contradicts)  Can be no religious test for office holders (doesn’t matter what religious you are even if priest or monk or rabbi) Framers of Constitution didn’t like democracy  Faction  Unequal distribution of wealth o Unequal wealth undermines equal rights After king was overthrown, aristocrats were made fun of (populism) Virginia Plan (proposed by Madison)- voting power within Congress based on population  Virgina, Penn, and Mass would have most power New Jersey plan (proposed by Paterson)- every state would remain sovereign and central government would be run by unicameral body (one body) with one member from each state The Connecticut Compromise (Roger Sherman)- lower house (reps) based on population and upper house (senate) with two delegates selected by state legislatures  Passed by 11/13 states 2/29/12 Population of North Dakota- 600,000 to California is 70:1  Is this fair? No  100 Senators 435 Congressmen  What if it was 140:1 because let’s say people move? In constitution, scheme to inflate power of certain states (article 1, section 2)- 3/5 of a state’s slave population counts towards its total representation in the house (refers to slaves as ―other people‖ because couldn’t bring themselves to say slaves)  Initially to get Southern slaves to pay more taxes Constitution protected slave trade until 1808 (Article 4) Amending the constitution is not so easy- 2/3 of the house of reps and ¾ of all the state legislatures  Why is it so hard? Constitution has been modified through judicial interpretation  Marbury vs. Madison (1803)- spoke about judicial review (of the constitution)  10 amendments added first, then another 17 added Agricultural subsidies- money paying out to farms to grow things The Presidency George W. Bush  In 2000, Bush was governor of Texas and was running against Al Gore both were asked in a debate ―have you formed guiding principles to use all this power?‖ o Bush said we need to be humble but show strength that promotes freedom o Bush said we shouldn’t go around the world saying we do it this way, so should you. We should be humble and not arrogant.  Interesting because this isn’t like his 8 years in presidency at all After 9/11, power of presidency exploded. Over history in expanded slowly until this time. Washington had budget of 4 million with a few employees to oversee (300) and cabinet of only 5 officials  Current attorney general, head of justice department is Eric Holder Now, budget is 1.8 trillion with army of 1.4 million people with 750 military bases No other nation is near US in equipment and technology in army  Marines are larger than combined of all Europe’s army POTUS- president of the United States President has a nuclear football with him- emergency satchel ―the button‖- briefcase to authorize the use of lethal weapons  Adopted so that he can authorize attack while away  Satellite radio inside to communicate with US people and say codes for launch  Emergency alert system- testing presidents system Bush was stunned when he found out how many nuclear missiles we have President gets a gold card every day with codes so that he could declare nuclear way Founders conception of president was more limited than now  To what degree was the language of the constitution flexible enough to allow this? Article 2 tells about executive o Why invest so much authority in one man?  The federalist papers (number 70) says one strong president was needed for 4 reasons  1. To protect country during foreign attack  If not, who would be in control? Congress? They can’t do anything quickly  2. Administration of laws  Presidents just to enact the laws that congress pass  3. Protect property  4. Secure liberty th Until the end of the 19 century, the presidency conformed to the founders. Mostly congress was in control of policy and was leading branch of government  Exception Louisiana Purchase  Abraham Lincoln’s civil war powers Industrial revolution happened (started in England)  Really violent o Crime, Poverty, Pollution o Hellish hours o Kicked people off their farms into factories (people didn’t do this willingly)  Us o Immigrants came in o Vast open frontier (if you didn’t want to work in factories) o Immigrants stayed in cities instead of frontiers because the work was in the cities  Cities regarded more government supervision to regulate industries to compete more fairly and break up monopolies  As long as industry powers increase, so does presidency Presidents  Thomas Jefferson (author of Declaration of Independence), 3 rd president o Polymath- skilled in a lot of areas o Louisiana Purchase- acquisition from the French- 3 cents an acre= 23 million dollars  Why did French sell it so cheaply? In the middle of a war  Napolean was going to conquer Britain with barges  Needed money  Believed US presidency didn’t have authority to engage in such a deal because didn’t say it in constitution  Might erode states rights because it will increase executive power  But knew France would be a threat  Initially 10 million dollars to buy only New Orleans and was surprised when the whole area was offered for 15 million  Majority went to British banks  Only 8 million dollars went to them  Expansion of Presidency power connected to power of US itself  Abraham Lincoln- tall, depressed, exerted charisma to lead forced through civil war o Retroactive approval- did stuff and then went to congress and said to approve it o Suspended rights of Habeas Corpus and locked down Maryland to prevent them from joining the confederacy o Lincoln pushed limits of constitution QUIZ 1 2/5/12 ―State secrets‖-States hold on to secrets so sometimes that’s why president abuses his powers like suspending habeas corpus Extraordinary rendition- to snatch someone and give them over to a secondary power for torture President decides with congress if president abuses power but this rarely happens  Usually president gets a ―blank check‖ and can do what he wants Nixon locked down habeaus corpus  Emancipation proclamation when slaves were freed Letter to hodges (written by Lincoln in 1864)- explaining his powers and where he believed he had authority  ―I took an oath to preserve constitution so I have to preserve the nation‖ ―what is possible to lose the nation and keep constitution‖  In general law, life and limb must be protected. He said must amputate a limb to preserve the country. If you think president has exceeded authority, turn to congress and the courts. FDR Only president elected for 4 terms Presidency got its shape under Roosevelt Died during his 4 thterm and after he died, congress passed 22 nd amendment (1951) because they thought he had too much power- limits a president to only 2 terms  Was this a mistake? Why was FDR so powerful?  Came in the midst of the Great Depression that started with stock market crash of 1929- 1940 (WWII ends it)  In 1933 when he took office, more than 1/3 of workers were unemployed  The first 100 days of his presidency he pushed forward the New Deal- capitalism has gone off the rails so we have to rebuild a safety rail o Established social security- safety net for old people o The Wagner Act- allowed workers to join unions and bargain collectively with their employers WWII, surprise attack on Pearl Harbor mobilizes American society Aftermath of WWII made US a military superpower  Large standing arm forces, military bases worldwide and nuclear bases After WWII, America is plunged into the Cold War against Soviet Union and communist allies  Conflict happened through proxy nations instead of a head to head clash  Nuclear asset of this war gave rise to the national security state o National security Act of 1947 signed by President Truman (VP under Roosevelt)  Established many security agencies that talk with president directly  National Security Council  Department of Defense  CIA- spies, hostile, overthrow regimes, kill US citizens-break foreign laws and domestic laws  State Department  NSA  National Security Advisor talks with them all  Obama’s is Tom Donilon  Constitution doesn’t say anything about them 2/7/12 Soldiers don’t have civil and constitutional rights  Fall under uniform code of military justice  So you don’t get fair trials Due process of law (life, liberty and property) in 14 th amendment Article about killing a citizen  Is it lawful?  Under what circumstances can they kill a citizen? o Operational leader of a terrorist group  How do we know he was a leader? It only says he was involved  Al Qaeda had a lot of #2 leaders o Can’t capture them o Takes place on traditional battlefields (?)  People fighting back?  What is a traditional battlefield? Times square because bomb threat? o Country gives permission or don’t He wasn’t granted his rights as a citizen (due process- can’t take them away unless due process)  Executive branch gave him due process (not judicial) CIA has led to conflicts with congress  Iran-Contra scandal- congress prohibited president (Reagen) from funding the Contras but he did it anyway  Contra invests money in Cocaine then in guns and weapons President’s duties  Foreign policy leader  Heads CIA  Ceremonial (HS decathlons, girl scouts, funerals) o Should he be making such time for symbolic events?  Shows connection to ordinary people POTUS  Ceremonial duties  Legislative duties o Congress waits for the President to take the initiative  Limited manager of the economy o In times of economic crisis, started during Great Depression  Foreign policy leader o Didn’t realize US will become superpower and that expanded Presidents power o Shares duties with the senate  Commander in chief (armed forces) o Nixon ordered invasion of Cambodia in May, 1970  Was US at war with Cambodia? No.  They wanted to clear out Vietnamese bases o War powers act- president can only send troops abroad for 60 days and if congress objects he has another 30 days to pull them out Does presidency has too much power for one office? How does the president actually get things done? He has so many people to watch over. Presidency Executive branch bureaucracy Congress Public opinion Political parties Organized interests (unions, wealthy billionaires) 2/12/12 2. In the first paragraph of Common Sense, Paine introduces a theme which he builds upon for the rest of the essay. What is that central point that Paine raises?  C. Time makes more converts than reason 11. The first amendment to the constitution provides for the  E. all of the above (speech, press, religion) 17. In the climate crisis following Shays’ Rebellion,  A. leading citizens demonstrated their growing concern with the welfare of minority factions  B. the rebellion reinforced fears about the dangers of majority rule  C. prominent citizens were pleased with the ability of the government to respond quickly to a crisis  D. public demands for a bill of rights resulted in the adoption of the first 10 amendments to the constitution  E. the government repealed the second amendment for 15 years 20. As enumerated in the constitution, the Vice President  A. can vote on the Supreme Court when there is a tie  B. is the head of the Navy, while the president controls the Army  C. is also the secretary of state  D. can preside over the Senate and vote when there is a tie  E. is required to open Congress each year Who is the governor of New York? Andrew Cuomo Office of the vice presidency First mention of vice president is in Article 1  Almost the president of the Senate o If he chooses, he can sit and watch the senate run itself (98% of the time, he doesn’t) o Can vote only if there is a tie (rarely happens)  Office isn’t worth a ―pitcher of warm piss‖ because they don’t do anything o FDR didn’t tell his last VP Harry Truman about the development of the atomic bomb  Truman learned about them after he came into office and was the only one who used it  Up to the president how much power he wants to invest in his running mate  No VP ever got as much power as Dick Cheney o Why was his portfolio so expansive when other VPs did nothing?  Bush trusted him about involving him in all these things  Maybe Bush couldn’t handle the whole job o (He was secretary of Staff under George H. W. Bush) o (He was chief of staff under President Ford)  VP Richard Nixon ran against JFK o Against current president Eisenhower, what has Nixon does as VP? What are his successes?  Powers given to Dick Cheney was not a restructuring of the office, it was only for him Congress The House of Representatives  Who’s your rep? Michael G. Grimm  Reasons why public is often suspicious of Congress  Framers of the constitution, made this representative democracy that has endured for over 1500 years o However durable, it’s not without many flaws Classic liberal theory (tolerance for diverse opinions, belief in rationality, parliamentary consensus)- congress/parliament  Want peace and stability  3 Different kinds of conflicts in society o 1. Conflicts of interests (jobs, taxes) Liberal solution is: negotiation and compromise o 2. Conflicts of ideas Liberal solution is: rational discussion (best ideas come out on top) o 3. Conflicts of ultimate values Liberal solution is: Avoid by making a secular society (privatize religion) Carl Schmitt (anti-liberal)- says this is why liberalism doesn’t work because all this is silly, negotiation and compromise doesn’t happen (only in back rooms), if you have real faith and true ultimate values, you won’t be able to privatize them 2/14/12 Congress  Was does it take to make liberalism work? o Debate/bickering o Compromise/sell-out o Conflict/posture o Stalemate (system gets locked up)/obstructionism Americans do not actually trust government to do the right thing- cultural paradox because they were willing to go abroad to spread democracy through wars  Feel its open to special interests (lobbyist groups)  In polling, Americans dislike Congress but give high marks to their local congressman (85% reelection rate) Skepticism is a normal characteristic in Democracy but since Watergate scandal, skepticism changed into outright distrust  Watergate scandal- Nixon ordered operates (Cubans) to go into hotel and bug headquarters of democratic national committee, picked the lock and put tape horizontally so security guard saw! President was to blame and instead of being impeached, he resigned and Ford became president (parted Nixon, no one knows why) o Never before did we have our president, highest official get stuck in something like this o Why don’t we want to put a president in jail? Should we? Jack Abramoff- lobbyist that went to jail Widespread use of government as target of political campaigns is damaging  If everyone trashes system, should we say that something is wrong with the system? Basics of Congress  Designed initially to be dominant branch  Bicameral because feared single body house would fall prey to overly rash legislation so divided power into 2 bodies o Madison wrote in Federalist #51 to divide into 2 bodies  House (lower branch) has 435 members and the Senate has 100  Framers added further provisions to constrain powers of Congress  Powers (listed under Article 1 Section 8) o Raise taxes o Import duties o Set up ports o Maintain armed services  Framers didn’t make powers rigid, left room for expansion  Elastic Clause/Necessary and Proper Clause(Article 1 section 8)- Congress is empowered to make all laws that are necessary or proper maintenance of laws Federal Reserve- government bank, in charge of interest rates  Not in constitution  Treasury Secretary- Timothy Geithner  Congress got power to create federal reserve from elastic clause Limits on Congress (section 9)  Bills of attainder- government dictate that a person is guilty of a crime that deserves the death penalty (without benefit of a trial) PROHIBITED  Ex post facto laws- can’t make things retroactively illegal (can’t put someone in jail for doing drugs before it can illegal)  The granting of noble titles- makes some people think they’re better than others o 1648 British parliament rose up, overthrew king and then beheaded him led to Republican form of government o 11 years later, brought his son back (Charles II), the monarchy was restored (The Restoration)  Scared founders! Wanted roots of monarchy out of America  The suspension of habeas corpus is PROHIBITED Other constraints:  Term limits for senators- 6 years (1/3 of senators of for reelection every 2 years)  House limits - 2 years (entire body)  Age requirements o Senate- 30 years old o House- 25 years old  Citizenship for 7 years  For Congress, must have lived in the district you’re going to represent  $$$ o Average house race costs about $530,000 to raise o $1.4 million dollars- overall o Winners spend 8.5 million o Most expensive Senate campaign was in 2000, former executive of Goldman Sachs, Jon Corzine- spent 62 million of his own money and won, didn’t even stick out his whole term  Went for governor and cost him 38 million dollars rd o Bloomberg- 65 million dollars for his 3 term as mayor Congress has powers distinct from each branch  Senate is more prestigious and is involved in American foreign policy by approving treaties  Senate also has to approve upper level judges or judicial appointments and upper level executive branch positions or cabinet positions  If a president is charged with impeachment by House, Senate gets to trial him o Last time president was impeached was Bill Clinton in 1998  Charged with 1. Perjury- lying under oath 2. Obstruction of justice  Sexual harassment case filed by Paula Jones that he sexually harassed her  Her lawyers tries to say he’s the type to have an affair  He hides the evidence of relationship with Monica Lewinsky so that they don’t know he’s capable of sexual harassment 3/19/12 House  Key power- originator of revenue bills  Can bring charges of impeachment against president  Gerry mandering- local state legislatures can change district lines  In 1910 the house froze their members at 435  NY has been losing congressional seats  Should congress increase the size of the house?  Democrats are becoming more liberal and republican are more conservative over the past few years  What do congress people actually do for their constituents? o Listen to complaints and concerns and want to know what the federal government can do for them casework  Sometimes they’ll put their schedule up on websites o Being a congressman is usually a fairly safe job  Delivery of goods to their people is known as pork- projects designed by congress to bring jobs or money to their home districts  Re election rates for congress o Up until 2010, it’s in the mid 90%’s  Should there be term limits? That way there would be more turnover in their jobs  Takes a long time to experience in the House  Varying styles of representation o Edmund Burke made a distinction between the 2 styles of representation  The delegate method  The rep tries to mirror perfectly the views of his constituents  Can be done by mail polling  Franking- congress person gets free mailing privileges to be used with case work  The trustee  Representative owes you his judgment and would be cheating you if he followed your opinion o They choose between these style based on whether they have a safe seat in congress  House more as a delegate  Senate more as trustees o How does a bill become law? Pg. 369 in textbook  Must be written and submitted to both houses and they review it and have hearings and then they change the bill, write a report and it goes to the floor (house- goes to rules committee to determine length of debate and if it needs a super majority)  The bill can be killed in the committee so you need chairman in the committee that like your bill  Once passes in House and Senate, if there are differences, conference committee reconciles differences and sends to president  President signs or vetos  2/3 vote to override veto o What do committees do?  No congressman can be an expert in all things  These committees serve as screening devices to see which bills they should really look at  Getting on the right committee is important for reelection o What are the different kinds of committees?  Standing committees- the permanent ones like agriculture, energy, transportation  Select committees- temporary, a study for something, sometimes during emergency situations  Joint/conference committees- made up of both houses either to reconcile bills or in some areas both houses have interests in  Woodrow Wilson said when you see people on the floor on Congress debating a bill, they’re just performing for public exhibition but congress in committees is actually congress at work SCOTUS- Supreme Court of the US The Judiciary  What do they do?  Article 3 in the constitution is a lot shorter than the other articles and very vague, fails to delineate the scope of judicial powers  They have gathered their powers over time instead of being given their powers in the constitution o They establish them case by case  1. Judicial review- the power to overturn state and federal laws because conflicting with constitution o Where is this in the constitution? It’s not! It was created in… o Marbury v. Madison (1803) nd  John Adams (2 president) just received in 1800 an electoral thumping. Been defeated by Jefferson. As a last act, Adams attempted to pack federal court with his own judicial appointments. Most of them worked but William Marbury’s appointment came a little late so when he showed up to take his office, Jefferson was there as president. So goes to secretary of state, James Madison, and Madison said forget it, you lost your chance. Marbury wants Supreme Court to order Madison to give him his position and write a writ of mandamus- court order that forces an official to do his duties correctly. Convinces the court to rule unanimously that Marbury was right. But then writ of mandamus was unconstitutional, gave up that power but utilized power of judicial review.  Marshall didn’t invent judicial review, inspiration was th English Law in 17 century and The Federalist papers #78  It was the purpose of the constitution to place limits on the government and only the courts can do this o How democratic is judicial review? o Gideon v. Wainwright- poor can get free pro bono lawyers (even if you can’t afford it) o How long are supreme court justices term? For life o Only criteria for their performance is that they hold their performance in good behavior  What is good behavior? o 2 attempts in history to impeach supreme court justices  Samuel Chase (1803)- acquitted by Senate  William O. Douglas (1870)- wrote articles for playboy, didn’t go anywhere o William Rehnquist- top justice, consumed great quantities of a drug and began slurring his speech in public and had trouble finishing his thoughts on the court bench, tried to get better but he had bad paranoia, after a couple months he was better.  Demonstrates reluctance of Senate to grade their own people o Antonin Scalia  Doesn’t believe in absolute in the law (referring to Jack Bauer) but this is a problem because he is a justice o Who decides the size of the Supreme Court? Congress  65 (to limit power) 9 (1869)  How does a case get to the Supreme Court? o Most cases are first heard in one of 94 district courts (kidnapping, interstate corruption, large-scale drug deals)  Only one that uses juries and witnesses o US court of appeals  Do not hear new cases or factual evidence  Based on legal issues (briefs are submitted and judges hear oral arguments and cross-examine them)  13 appeal courts  12 geographical units  Once the decisions are published, they become precedents for other judges  Stare Decisis- follow legal precedence o Supreme Court  Hears appeals and original jurisdiction (new cases- disputes between states and over foreign treaties)  Rule of 4- 4 of them have to agree to take on a case  Issue a writ of certiorari- means they’re going to take the case  Needs to be real and adverse- have real and adverse consequences  The person that brings the case has to have standing- the case is actually affecting him  Presentation between the 2 sides is limited to 1 hour  Each side can bring in public called friend of the court brief (amicus curiue)  The majority forms the majority opinion and the minority form the minority opinion or report 465-470: review Handout- Khaled el- Masri was mistakened for Khalid al-Masri, a member of Al Qaeda  Extraordinary rendition- snatched him out of the country  Was released late May only if he agreed not to tell his story, left him in the middle of nowhere with his suitcase and was arrested again  Said he was tortured by CIA  Made it all the way to Supreme Court because of state secrets MIDTERM 3/28/12 ACA (2009)- attempt to give everyone healthcare, affordable care act is in front of supreme court now  Individual mandate- you must purchase insurance so that we can have universal coverage, initially a conservative idea put forth by heritage foundation in 1990s o Mitt Romney o Newt Gingrich o Rick Santorum  All turned against is when Obama liked it  Power of Federal government 3 Different polarities (it moves back and forth) to show us how the federal government developed through strain and struggles  1. Federalism in terms of comparative politics  2. Explain what federalism is like domestically (as structured through constitution)  3. Federalism philosophically o A. Comparative- between a unitary government vs. confederate government o B. Constitutional domestic- between supremacy clause vs. th 10 amendment o C. Philosophical/ideological- between national position vs. states rights What is federalism? Division of power between national power and the states Powers divided by central government and small units, neither completely controls the other National government is exceptionally powerful but states still have big say How unique is our federalism system?  1. Comparative perspective o 2 alternate forms  A. Confederation- a group of empowered states that gathered together and their central government is very weak  Happened t
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