American Politics and Civil Society

Philosophical InfluencesCompeting Models

Why a Constitution?Ideologies at the Constitutional Convention

The selling of the ConstitutionStructures and Functions of Institutions

Constitutional RulesPolitical Culture and Modern Ideologies

Philosophical Influences Plato: Critique of democracy (tyranny of the majority, the rule of the philosopher-

king, the need for absolute truth Hobbes: The anarchic state of nature, the need for order, the limits of self-interest,

irrevocable consent of the governed, strong executive leadership Locke: The rational view of humans, natural rights (life, liberty, health, and property),

tacit and active consent of the governed, executive power of the law of nature, power tilted toward legislative government, limited government

Burke: Dislike of innovation, mistrust of the “people”, mixed government (balance of power between regal, aristocratic, and popular institutions), the nation as the property of everyone

Rousseau: The concept of the “general welfare” (general will), revoking the consent of the governed, preeminence of the law (as a protection against the powerful), dislike of representatives (politicians)

Adam Smith: The “invisible hand” of the market, unconscious market forces, the social utility of self-interest (the “trickle down” theory), laissez-faire government policies

Competing Models (Electoral Models)

SMDP (Single Member District Plurality) Plurality rule—the most votes wins (first past the

post) Plurality with a run off—if no one gets a majority,

the top two vote getters have run-off

PR (Proportional Representation) The Party is represented in the legislature

proportionate to the vote it received in election.

Competing Models (Political Systems)Parliamentary (Unitary)

Members of Parliament elected by peopleParliament appoints/elects PMParliament appoints cabinetParliament can remove PM at any timePM has no set term limitsPolicy is formulated rapidly and with no

obstaclesPower is UnitaryNo checks and balances/Legislative and

Executive powers fusedParty has optimum power in politicsLow levels of accountabilityCourts with only legal/civil jurisdictions

Presidential (Fragmented)President, Congress elected by different

constituenciesPresident appoints cabinetPresident can be removed only for serious

crimes and misdemeanorsPresident is elected for a set termPolicy is slowly developed through a

multiplicity of branches/levels of gov’tPower is fragmented through Checks and

Balances/three branchesPolitics is personalHigh levels of accountabilityCourts with legal/civil/constitutional

jurisdictions

Why a Constitution? The Weaknesses of the Articles of

Confederation No uniform currency No standing army Unicameral legislature 9/13 rule Unanimous consent for amendment rule

Ideologies at the Constitutional Convention

Federalists Fear of “the mob” Mercantile (banking) interests Affection for the British crown Desire for unitary government View of representatives as “trustees” (low degree

of power for the principal over the agent) Centralized Government

Ideologies at the Constitutional Convention

Anti-federalists Fear of government Agrarian interests Affection for the French Revolution Desire for fragmented (limited) government View of representatives as “delegates” (high

degree of power for the principal over the agent) Decentralized government

The Selling of the Constitution The fracturing of power at the federal level The sharing of power between federal and

state entities (federalism) Institutional provisions for both highly

representative (delegate) and highly regal (trustee) models of governance

Structure and Function of Institutions Congress: to carry out the legislative functions of

government (power tilted slightly toward Congress)

President: to carry out the executive function of government (enforcement of the laws passed by Congress)

The Courts: To adjudicate civil/criminal cases (the weakest of the three branches). Marbury vs. Madison changed this fundamentally by giving the Supreme Court the power of judicial review.

Constitutional Rules Congress is Bicameral (two houses)

House of Representatives: Representation based on population (more populous states

get more seats in the House) Representatives serve 2 year terms in office (delegate

model) All revenue generating bills must issue from

H of R Regulatory oversight of the Executive Branch Precise debate and amendment rules (Rules Committee)

Constitutional Rules: The Congress

The Senate: Equal representation for all states Representatives serve 6 year terms in office

(trustee model) The place where most of the institutional checks

upon the executive branch originate (advice and consent, override of presidential veto, the power to declare war, impeachment, etc.)

No debate and amendment rules (filibuster)

Constitutional Rules: Elections

Staggered elections The electoral college SMDP rules Closed Primaries Campaign finance linked with free speech

issues

Constitutional Rules: Trustee vs. Delegate Influences

House of Representatives (representative) Senate (trustee) The Courts (trustee) Electoral College (trustee) The President (trustee) Note: Most of our federal processes are trustee in

nature; the only thing that balances this power out are the institutional arrangements between the three branches and between federal and state entities

Political Culture and Modern Ideologies

Liberalism becomes fiscal conservatism The reinvention of the state in economics:

new American liberalism The moral influence of Burke: social

conservatism Radical Locke: Libertarianism

Political Culture and Modern Ideologies

Modern American LiberalsCommunitarian Issues

Favor a progressive tax system Favor regulation (economic, environmental,

and consumer protection) of private business

Favor protectionism Favor government programs to redistribute

income in order to alleviate poverty Pro-Affirmative Action

Individual Rights Issues Pro-choice on abortion Pro-gay rights Pro-civil liberties in the post 9/11 world

Modern American Conservatives

Communitarian Issues Pro-life on abortion Pro-“traditional family values” Pro-security in the post 9/11 world Favor providing for the poor via charity

Individual Rights Issues Favor lower taxes on the rich Favor deregulation (economic,

environmental, and consumer) of private business

Favor international free markets (globalism) Anti-affirmative action

Political Culture and Modern Ideologies

How do we arrive at our ideologies? Three dimensions of modern life:

Economic Political Social

Our social lives governed by informal rules and beliefs; this is “civil society”

Civil Society is reinforced by the codification of norms transmitted by agents of socialization:

Parents Peers Schools Churches Civic organizations

Political Culture and Modern Ideologies

Aside from our particular political ideologies, do we participate in a larger “common political culture”?

Possible lineaments of this culture: Constitutionalism Individualism, or freedom of choice, (equality of

opportunity over equality of outcome) Capitalism (willing to extend personal freedom of choice to

all include economic agents) Tolerance Democracy (curiously, a communitarian idea)