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Comparing StatesFirst, what’s a state? the organization that is authorized to use force within specified geographic boundaries, to control human behavior;
it has sovereignty— or supreme, autonomous authority
Why give something a monopoly on force?
The framers thought . . .
--you did have ability to do what ever you want whenever and to punish anyone who commits a crime but that was unsafe and insecure--make as many rules as want but no one to enforce them and no one to judge them--so you give all this up an agency called state that you authorize to use force against you in return for protection for yourself and your property, public services that you can use but wouldn't be able to provide for on your own and maybe for some help in making you equal to other for that you agree to pay taxes and submit to the rules of the game—this means that the state originated thru the consent of the people it governs—viz a social contract—
Contrast to Marx—who rejects the idea of a social contract—he says political organization is a tool of exploitation—forced on people—a system by which those who gain economic power can maintain their spoils by oppressing those who they take from—in his view--people could create a truly equal society in which there would be no need for a state
State is NOT
gov’t: the leadership or elite in charge of running the STATE
http://www.theguardian.com/world/2013/sep/05/iranian-president-rosh-hashanah-blessing
Enrique Peña Nieto
nation: the self identification of a people as having a common identity (language history, race, culture) that inhabit a clearly defined territory —
Contrast state and government to . . .
Contrast it all to REGIMEThe fundamental rules and norms of politics
embodying long term goals regarding individual freedom and collective equality, where power should reside and the use of that power
Clinton urges 'transition to a democratic regime' in Egypt
White House rules out 'regime change' among options for Syria
White House Press Secretary Jay Carney speaks about Syria during a press briefing at the White House in Washington August 27, 2013. Credit: Reuters/Kevin Lamarque (UNITED STATES - Tags: POLITICS)
This . . . now this is regime change . . . .
An analogy: • the state is the machinery of
politics, like a personal computer, • the regime is the software or the
programming that defines its capabilities such that each computer runs differently depending on the software installed
• and finally-- the gov’t is the operator
PRINCIPLES IN THE US Constitution
Read the Acorn: unit 1 and 2
Regime change. . . .
Key idea for the foundation of the government here is . . . .
Look at your Constitution
Watch http://www.youtube.com/watch?v=_-pDcYF64rs&feature=youtu.be
REGIME type . . . .
demos—people, krait—power
Authoritarian Regimesa political system in which a small group of individuals exercises power over the state w/o being constitutionally responsible to the public.
executive branch,
May have elections but no real competition. . . .
Policy makers chosen by military councils, hereditary families dominant political parties etc. --not by the people
The Framers
The Well Fed, the Well Read, the Well Bred, and the Well Wed
John Locke: “The argument of the [Second] Treatise is that the government is not legitimate unless it is carried on with the consent of the governed.”
So are we a democracy?
http://www.youtube.com/watch?v=bVD0bZ5H4MY
Of course, some STATES have a closer form of direct democracy
through the ___________ process
WA Initiatives and Referenda http://wei.secstate.wa.gov/osos/en/PreviousElections/2010/general/Pages/OVG_20101102.aspx#ososTop
Too see which states have it: http://www.iandrinstitute.org/statewide_i%26r.htm
So you see our framers are very cynical about human nature. . . . But they also want popular sovereignty
they have the: Dilemma of Majorities
• You gotta have ‘em but . . . .
• SO what do you do?
Dilemma of Majorities
It is of great importance in a republic not only to guard society against the oppression of its rulers, but to guard one part of society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure.”
James MadisonThe Federalist, Number 51
If you are framer, and you are a cynic about the masses . . . What do you do . . . .• Put some things beyond the control of the masses• Limit effects by limit government: Rule of law• Get the smart guys in by creating a republican form• Make it hard for factions to form with a large republic• Limit the effects of factions by creating a pluralist system
(a political system where many groups compete to impact the policy process thru multiple access points
• Limit effects with fixed terms• Limit effects by staggering terms• Give the least democratic branch umpire ability
The Const. over time has become more "democratic" (i.e. more participation)
Formal Amendments
Bill of rights,13th,14th, 15th, 17th, 19th, 24th, 26th .
Federal Legislation Civil Rights Act of 1964 Voting Rights Act 1965ADA of 1990
Court decisions
Informal ChangeRise of citizen initiativesFormation of political parties (linkage institutions)Technology like e-mail internet, direct mail, TV, cell phonesFormation of PACs (linkage institution)Electoral college mimics popular vote (ahem--at least until 2000) End of property qualification for suffrage
Procedural vs substantive democracy
procedural democ: free/competitive elections, “universal suffrage so all participate
and substantive democracy—free press, free organization, independent courts, equal treatment of minorities, civil society—
Liberal vs illiberal democracy : which is which?
•Equality in voting, or “ “ or “universal suffrage” •Elections: frequent, and contested· competitive political partiesPLUS: •Fair elections•Rule of law well established•civilian control over the military• an independent judiciary•Alternative sources of info (free speech and press)•Individual freedoms •civil society-- the web of membership in social and political groups that some political scientists believe is necessary to sustain a democracy•Transparency
We are both a Procedural and Substantive Democracy. . . . Or we are a “l__________l democracy”
But . . . We are a WEIRD Indirect . . . . .democracy. . . . Err. . . . . republic
Not explicitly said but . . . Three distinct branches:
The _________article of the Constitution says "ALL legislative powers...shall be vested in a Congress."
SEPARATION OF POWERS*
leg·is·lateˈlejəˌslāt/verbverb: legislate; 3rd person present: legislates; past tense: legislated; past participle: legislated; gerund or present participle: legislating1. make or enact laws."he didn't want to name anyone to the Court who would legislate from the bench"
*Sep of powers does NOT make you a democ necessarily
The ___________article vests "the executive power...in a President."
ex·ec·u·tiveigˈzekyətiv,eg-/adjectiveadjective: executive1. having the power to put plans, actions, or laws into effect."an executive chairman"
ex·e·cute
/ˈeksiˌkyoZ ot/
1.carry out or put into effect (a plan, order, or course of action).
synonyms:carry out, accomplish, bring off/about, achieve, complete, engineer, conduct
The _______article places the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."
a : of or relating to a judgment, the function of judging, the administration of justice, or the judiciary <judicial processes>
ju·di·cial adjective \jü-ˈdi-shəl\
“. . .and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.” Article I, Section 6
Compare to parliamentary system of FUSED powers:
SEPARATION OF POWERS cont.
Personnel can’t be part of more than one branch:
voters Parliament
Majority party
Minority party
Prime minister& cabinet
Compare to parliamentary system of FUSED powers:
SEPARATION OF POWERS cont.
No branch is dependent on the other for selection With the exception of ____________ but . . . . And . . . . .
And, different methods of selecting the top personnel so that each branch is responsible to a different constituency
And. . . Staggered terms
SEPARATION OF POWERS cont.
Removal . . . Make it hard (or impossible) for members of one branch to get rid of members of another
Can the pres get rid of MC?Of a judge?
Can a judge get rid of Pres?Of a MC?
Can a MC get rid of a pres?Of a judge?
Article I, Section 6
The Senators and Representatives shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Other ways the constitution strives to make MCs independent . . .
So . . . Once you separate braches then you cleverly use ambition to counteract ambition
And make sure that no branch can do anything without the other by establishing a system of ________ and _____________so that really you have a system of SHARED POWERS . . ..
Get it?????? each branch has weapons to fight off encroachment by the other two branches.
This means that if a nasty faction seizes one branch, they can’t control the world
I.
Sep of powers, checks and balances, bi_________, federalism are all part of:
Chief Justice Rehnquist,. "I'm a strong believer in pluralism," he told an interviewer in 1985. "Don't concentrate all the power in one place."
___________ A belief that a political system ought to encourage competition among groups with each one pressing for its own preferred policies
How does our Constitutional system do this?
Those Brits again . . . Note how sep of powers contrasts with
Parliamentary sovereignty: a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Go to: http://www.parliament.uk/about/how/sovereignty/
They “fuse” powers
See questions hours: https://www.youtube.com/user/UKParliament
http://www.youtube.com/watch?v=Q-GkrHKcwvo
EFFECT:
Deliberative or decisive?
Fast or slow?
Easier to change or stay the same?
Fights or cooperation?
Power to act or limit on ability to act?
Freedom or efficiency more imp?
LexingtonWho isn’t coming for dinnerA bit of cross-party parliamentary civility might go a long way in America’s divided polityAug 13th 2011 | from the print edition
