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Introduction to GOVT 2301

Introduction to GOVT 2301. American National & State Governments I

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Page 1: Introduction to GOVT 2301. American National & State Governments I

Introduction to GOVT 2301

Page 2: Introduction to GOVT 2301. American National & State Governments I

American National & State Governments I

Page 3: Introduction to GOVT 2301. American National & State Governments I

Welcome

Page 4: Introduction to GOVT 2301. American National & State Governments I

As you know, this is one of two classes designed to introduce you

to the United States and Texas Constitutions, the basic language of government and politics, and the nature of American political

institutions.

Page 5: Introduction to GOVT 2301. American National & State Governments I

These are the basic subjects we cover in this class

Natural RightsConstitutional Design

Civil Liberties and RightsElections

Political PartiesParticipatory Rights

Speech, Press, Interest Groups

Page 6: Introduction to GOVT 2301. American National & State Governments I

Other items are covered in 2302

Page 7: Introduction to GOVT 2301. American National & State Governments I

These will include the History, Constitutional Structure and Contemporary Design of the

Legislative, Executive and Judicial Branches.

Page 8: Introduction to GOVT 2301. American National & State Governments I

Why is it important that you know this stuff?

Why is this a required class?

Because you are citizens in a democratic republic.

Page 9: Introduction to GOVT 2301. American National & State Governments I

Democracies are based on the people and its actions are the culmination of the preferences

of the population.

That is what “consent of the governed” means.

This is expressed subtly when individuals choose to follow or not follow the laws, pay taxes, in

protecting the republic when threatened, or in deciding to participate in public events like

elections.

Page 10: Introduction to GOVT 2301. American National & State Governments I

An educated participatory and virtuous citizenry has always been considered to be necessary to the survival of a democratic republic.

Page 11: Introduction to GOVT 2301. American National & State Governments I

Why?

Because democratic republics are fragile. History provides many examples of them losing public support and falling into anarchy

and then despotism.

Page 12: Introduction to GOVT 2301. American National & State Governments I

Key example: The Lessons of Ancient Rome

Page 13: Introduction to GOVT 2301. American National & State Governments I

The nation’s founders were generally classically educated and were familiar with the history of

Rome.

(Who were the founders? Here’s the Wikipedia page on who

qualifies as a “founder.”

Page 14: Introduction to GOVT 2301. American National & State Governments I

After almost 500 years as a Republic (509 BC–27 BC), where it

was ruled by its citizens, Rome became an empire.

The driving force behind this change was Julius Caesar.

Page 15: Introduction to GOVT 2301. American National & State Governments I

What is a Republic?

A republic is a type of government where the citizens choose the

leaders of their country and the people (or at least a part of its people) have an impact on its

government. -Wikipedia

Page 16: Introduction to GOVT 2301. American National & State Governments I

In short, a governing system where the people rule themselves.

But while a republic, Rome was also chaotic, unstable, and

sometimes ungovernable. Leaders were often corrupt and unpopular.

Page 17: Introduction to GOVT 2301. American National & State Governments I

What is an Empire?

A major political unit having a territory of great extent or a number of territories or peoples

under a single sovereign authority; especially : one having an emperor as chief of state. The territory of such a political unit. Something

resembling a political empire; especially : an extensive territory or enterprise under single

domination or control.

Page 18: Introduction to GOVT 2301. American National & State Governments I

During the empire, all civil and military power rested with the

emperor. The people had no say in governance, though emperors had

to appease them in order to minimize the possibility of

rebellion.

Page 19: Introduction to GOVT 2301. American National & State Governments I

In short, a governing system where the people are ruled by an

emperor and have little ability, if any, to directly participate in public

affairs.

But these could also be times of peace and prosperity.

Page 20: Introduction to GOVT 2301. American National & State Governments I

Again, this shift from republic to empire was driven by Julius Caesar, an ambitious general who attempted to

turn the republic into an empire under his control.

He failed because he was assassinated by Senators who were aware of his plans, now you know why he was

killed.

Page 21: Introduction to GOVT 2301. American National & State Governments I

Here’s the scene from HBO’s Rome

Page 22: Introduction to GOVT 2301. American National & State Governments I

But his nephew Augustus Caesar would succeed.

A quick video about him.

Page 23: Introduction to GOVT 2301. American National & State Governments I

Here’s some irony: The chaotic republic was transformed into a more peaceful empire. After Augustus there would be over 200 years of peace in

Rome: The Pax Romana.

This creates a dilemma: Which system is preferable?

Page 24: Introduction to GOVT 2301. American National & State Governments I

A bit more history from the movies: The emperor who would

end the Pax Romana was Commodus – the guy from the Gladiator. It is argued that the decline of the Roman Empire

began with his rule.

Page 25: Introduction to GOVT 2301. American National & State Governments I

A few videos on You Tube try to explain this transition. Here are a

few you might want to watch:

Rome: The Fall of the Republic (1-4)

Page 26: Introduction to GOVT 2301. American National & State Governments I

So the question became: What factors led to the decline of the Republic, and could the decline

have been prevented?

In short: Is a Republic – a system of government – based on the

people, sustainable?

Page 27: Introduction to GOVT 2301. American National & State Governments I

As a practical matter – considering that the early empire seemed temporarily to be a successful

system – what balance ought to be struck between popular rule and a

central state?

Page 28: Introduction to GOVT 2301. American National & State Governments I

What system of government can best preserve order and liberty in

the long run?

Page 29: Introduction to GOVT 2301. American National & State Governments I

Benjamin Franklin put it this way:

Page 30: Introduction to GOVT 2301. American National & State Governments I

Mrs. Powel: "Well Doctor, what have we got, a republic or a monarchy?"

Benjamin Franklin: "A republic if you can keep it“

- An exchange alleged to have taken place at the conclusion of the Constitutional Convention.

Page 31: Introduction to GOVT 2301. American National & State Governments I

Abraham Lincoln would also ask the question, posed differently,

during a challenge to the preservation of the republic:

Page 32: Introduction to GOVT 2301. American National & State Governments I

“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation, so conceived and so dedicated, can long endure. …”

Abraham LincolnThe opening of the Gettysburg Address

Page 33: Introduction to GOVT 2301. American National & State Governments I

So why are republics difficult to maintain?

The founders argued that the basic problem stems from human nature. Are we naturally co-operative or do

we like to fight? Are we willing to make sacrifices for the greater good or

are we purely self interested?

Page 34: Introduction to GOVT 2301. American National & State Governments I

A democratic republic can only be maintained if the people are

willing to look after a society’s long term needs.

The founders thought the public was not prone to do so.

Page 35: Introduction to GOVT 2301. American National & State Governments I

"Public virtue cannot exist in a nation without private, and public

virtue is the only foundation of republics." - John Adams

Public Virtue

Page 36: Introduction to GOVT 2301. American National & State Governments I

But people tend to be more focused on short term personal

needs. This is not conducive to the maintenance of a Republic.

Page 37: Introduction to GOVT 2301. American National & State Governments I

Common deficiencies:

CorruptionAmbition

ComplacencySelf Interest

Page 38: Introduction to GOVT 2301. American National & State Governments I

All create problems for the maintenance of a republic. Note: A key philosophic dispute

is whether human nature can be improved. Enlightenment thinkers fought this out. The founders seemed to think it could not be improved and a governing

system had to compensate for this.

Click here for fuller background on the Enlightenment

.

Page 39: Introduction to GOVT 2301. American National & State Governments I

What’s worse, democratic republics tend to develop the very

factors that will lead to their demise.

Page 40: Introduction to GOVT 2301. American National & State Governments I

The freer people are, the more they can engage in conflict over

social affairs, including how government ought to be run and over who ought to be in charge.

This can create dissension that can lead to the dismantling of the

republic.

Page 41: Introduction to GOVT 2301. American National & State Governments I

Notice that this conflict develops because people are free to

develop, articulate and act on their own opinions.

Page 42: Introduction to GOVT 2301. American National & State Governments I

Is self government in fact possible?

Page 43: Introduction to GOVT 2301. American National & State Governments I

American Government is founded, in a sense, on a contradiction. While it is

based on the people (popular sovereignty) historically the people

have demonstrated themselves not to be a solid foundation for government.

At least the elites thought so.

Page 44: Introduction to GOVT 2301. American National & State Governments I

The country’s founders did not necessarily expect the republic to last. Previous republics had not. One of history’s lessons is that

democracies tend to be very short lived.

Page 45: Introduction to GOVT 2301. American National & State Governments I

Many argued that the role of the general population needed to be

curtailed in order to maintain stability.

Here’s a quote from Alexander Hamilton.

Page 46: Introduction to GOVT 2301. American National & State Governments I

“For my part, I am not much attached to the majesty of the multitude, and therefore waive all pretensions (founded on such conduct), to their countenance. I

consider them in general as very ill qualified to judge for themselves what government will best suit their

peculiar situations; nor is this to be wondered at. The science of government is not easily understood. Cato

will admit, I presume, that men of good education and deep reflection, only, are judges of the form of a government; whether it is constituted on such

principles as will restrain arbitrary power, on the one hand, and equal to the exclusion of corruption and the

destruction of licentiousness on the other” - (Caesar #2) Alexander Hamilton

Page 47: Introduction to GOVT 2301. American National & State Governments I

This, by the way, was not an especially wise thing to say politically.

Neither was it wise to sign the document “Caesar.” He would not

repeat this mistake when he co-wrote the Federalist Papers and signed them

“Publius.”

Page 48: Introduction to GOVT 2301. American National & State Governments I

The essence of the American Experiment is to discover whether self government is in fact possible.

Page 49: Introduction to GOVT 2301. American National & State Governments I

Alexander Hamilton (later, when he seemed to have would claim

that this was the question America was to answer for the world.

Page 50: Introduction to GOVT 2301. American National & State Governments I

“It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether

societies of men are really capable or not of establishing good government from reflection

and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”

- Publius (Alexander Hamilton), Federalist #1

Page 51: Introduction to GOVT 2301. American National & State Governments I

Notice the choices:

Reflection and choice

Accident and force

Page 52: Introduction to GOVT 2301. American National & State Governments I

American government, Texas included, is based on popular

consent. The governmental system is a choice, it only survives to the degree that people make choices

that maintain it.

Page 53: Introduction to GOVT 2301. American National & State Governments I

Is the general population capable of offering informed consent?

What are people willing to consent to?

Page 54: Introduction to GOVT 2301. American National & State Governments I

Is the general population willing to be persuaded to support one party or the other, or one candidate or

the other, for superficial short sighted reasons harmful to the

long term interests of the community?

Page 55: Introduction to GOVT 2301. American National & State Governments I

Bread and Circuses

Can the support of the people be bought? At what price? This is one

of the reasons why we are a republic, not a pure democracy.

Page 56: Introduction to GOVT 2301. American National & State Governments I

Government based on popular consent requires an educated

population capable of providing a solid basis for governing.

Page 57: Introduction to GOVT 2301. American National & State Governments I

An educated choice

Page 58: Introduction to GOVT 2301. American National & State Governments I

An understanding of the principles of government is argued necessary

to maintain the republic.

That’s what this class is supposed to accomplish.

Page 59: Introduction to GOVT 2301. American National & State Governments I

But here’s the problem:

Most public opinion surveys demonstrate that people lack the knowledge about governmental

issues, and attentiveness to politics that was expected necessary

by the founders.

Page 61: Introduction to GOVT 2301. American National & State Governments I

As we saw with Hamilton, many founders expected that the mass public would be incapable of self-government and purposely limited participation to a ruling class that would have the ability to govern

effectively.

Cato Institute: Why Policymakers Should Ignore Public Opinion Polls

.

Page 63: Introduction to GOVT 2301. American National & State Governments I

But since the early years of the republic, suffrage has expanded considerably. Participation has

broadened.

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We have evolved into a more full democracy than we were at our founding. Public education has

been seen as being central to this effort. An educated citizenry can more effectively govern itself.

Page 65: Introduction to GOVT 2301. American National & State Governments I

Here’s some interesting commentary:

Education for Civitas: The Lessons Americans Must

Learn

Page 66: Introduction to GOVT 2301. American National & State Governments I

Thomas Jefferson was an early promoter of civic education. He was

influential on two pieces of legislation that promoted education.

1- A Bill for the More General Diffusion of Knowledge

2 – The Northwest Ordinance

Page 68: Introduction to GOVT 2301. American National & State Governments I

“Whereas it appeareth that however certain forms of government are better calculated than others to protect

individuals in the free exercise of their natural rights, and are at the same time themselves better guarded against degeneracy,

yet experience hath shewn, that even under the best forms, those entrusted with power have, in time, and by slow

operations, perverted it into tyranny; and it is believed that the most effectual means of preventing this would be, to illuminate, as far as practicable, the minds of the people at large, and more especially to give them knowledge of those facts, which history exhibiteth, that, possessed thereby of the experience of other ages and countries, they may be enabled to know ambition

under all its shapes, and prompt to exert their natural powers to defeat its purposes.” – From the Preamble.

Page 69: Introduction to GOVT 2301. American National & State Governments I

The Northwest Ordinance (1787) established the rules regarding the development of the territory that

would become Ohio, Michigan, Indiana, Illinois and Wisconsin.

It encouraged the development of schools.

Page 70: Introduction to GOVT 2301. American National & State Governments I

Art. 3. Religion, morality, and knowledge, being necessary to

good government and the happiness of mankind, schools and

the means of education shall forever be encouraged.

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The lack of a system of public education was used as by the

Texas settlers as a reason to justify revolution against Mexico.

Page 72: Introduction to GOVT 2301. American National & State Governments I

It [the Mexican Government] has failed to establish any public system of education, although possessed of almost boundless

resources, (the public domain,) and although it is an axiom in political science, that unless a

people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the

capacity for self government.

- one of the grievances in the Texas Declaration of Independence.

Page 73: Introduction to GOVT 2301. American National & State Governments I

But over American history there has been a struggle over what civic education means, what should be

taught, how And by whom.

Page 74: Introduction to GOVT 2301. American National & State Governments I

This overview should explain why you are taking this class.

Page 75: Introduction to GOVT 2301. American National & State Governments I

After this semester is through, you should have a general sense of the principles of American government and the various debates that have

occurred over history regarding those principles.

Page 76: Introduction to GOVT 2301. American National & State Governments I

For purposes of this class, this means having an understanding of basic governing principles, a basic

appreciation of the rules of the game, and the terminology of

government.

Page 77: Introduction to GOVT 2301. American National & State Governments I

We will begin with a definition of a few terms.

Page 78: Introduction to GOVT 2301. American National & State Governments I

The two basic terms:

“Government”

“Politics”

Page 79: Introduction to GOVT 2301. American National & State Governments I

Two Definitions of “Government”

- The institution, or institutions, with the monopoly on the legitimate use of

coercion in society

- The institutions and procedures through which a land and its people are ruled.

Page 80: Introduction to GOVT 2301. American National & State Governments I

Three Definitions of “Politics”

1- The authoritarian allocation of values in society.

2 - The struggle over who gets what when and how.

3 - Intrigue or maneuvering within a political unit in order to gain control or

power

Page 81: Introduction to GOVT 2301. American National & State Governments I

These terms are distinct.

“Government” refers to the institutions that possess the

authority to rule, “politics” refers to the efforts to influence what

those rules will look like.

Page 82: Introduction to GOVT 2301. American National & State Governments I

We should discuss one more term so that the rest of these slides

make sense.

Sovereignty

Page 83: Introduction to GOVT 2301. American National & State Governments I

Three definitions of “sovereignty”

1 - supreme power, especially over a body politic

2 - the quality of having supreme, independent authority over a territory

3 - the power to do everything in a state without accountability

Page 84: Introduction to GOVT 2301. American National & State Governments I

In the U.S. we claim that sovereignty rests with the people.

Of course, things get complicated after that since the people cannot directly rule – but we will dig into

this later.

Page 85: Introduction to GOVT 2301. American National & State Governments I

A key controversy concerning sovereignty:

Page 86: Introduction to GOVT 2301. American National & State Governments I

Do the people always retain sovereignty or, once they agree to establish governing institutions, do they surrender that right to those

institutions with the understanding that they can keep them in check

through periodic elections?

Page 87: Introduction to GOVT 2301. American National & State Governments I

Back to the first definition:

“What is Government?”

Page 88: Introduction to GOVT 2301. American National & State Governments I

This is the term used to define the institutions that have evolved to

establish and implement rules that determine how a group of people

will live together in some agreeable way.

Page 89: Introduction to GOVT 2301. American National & State Governments I

Here’s a trivial way to approach the issue. Among other things, a

government determines what types of transportation systems

will be developed and what rules will determine how people use

them.

Page 90: Introduction to GOVT 2301. American National & State Governments I

Think of roads and the various rules (drive on the right hand side,

stop for red lights, and drive at reasonable rates of speed) that allow people to use them safely.

Page 91: Introduction to GOVT 2301. American National & State Governments I

We will discuss controversies regarding what types of goods and services are best provided by the

public or private sector soon enough, but for now think of government as the entity that has the authority to

make – and more importantly implement – rules that govern

interrelationships and transactions among people.

Page 92: Introduction to GOVT 2301. American National & State Governments I

Here’s some history: There are two models which describe the evolution

and origins of government.

1 - Coercion: Government based on force.

2 - Consent: Government based on an agreement.

Page 93: Introduction to GOVT 2301. American National & State Governments I

Governments historically evolve due to “coercion.” One group

forces another to join with them, or fall under their dominion.

This is the most historically accurate description about how

governments evolve.

Page 95: Introduction to GOVT 2301. American National & State Governments I

Sovereignty rests with the rulers, not the ruled. The ruled are

subject to whatever the conquerors choose.

These governments are kept in place through violence.

Page 96: Introduction to GOVT 2301. American National & State Governments I

A government that rests on consent derives its authority from the general population. The ruled

are the rulers. The only justification for governmental authority is the consent of the

governed.

Page 97: Introduction to GOVT 2301. American National & State Governments I

American government is based on “consent.” A group of individuals in a state of nature join together for

mutual security and in order to better achieve group goals.

Page 98: Introduction to GOVT 2301. American National & State Governments I

This is stated in the Declaration of Independence.

While we will dig into this document more fully soon, why

don’t you read the first two paragraphs top get an idea of what

the argument is.

Page 99: Introduction to GOVT 2301. American National & State Governments I

As we will see in the next section, the Declaration of Independence was

based on John Locke’s Second Treatise on Government

(1689), which develops the idea that man is born in a state of nature and consents to form a government for

mutual security, among other reasons.

Page 100: Introduction to GOVT 2301. American National & State Governments I

The theory begins with the assumption that people are

endowed with rights and argues that a government is consented to

in order to secure those rights.

Page 101: Introduction to GOVT 2301. American National & State Governments I

Otherwise these rights are insecure.

Others are always interested in taking your stuff.

Page 102: Introduction to GOVT 2301. American National & State Governments I

In addition, justice, as we know it, cannot happen unless there exists

a neutral means of reconciling disputes. That is what a

government – an independent court system – is supposed to

provide.

Page 103: Introduction to GOVT 2301. American National & State Governments I

Governing Institutions

Page 104: Introduction to GOVT 2301. American National & State Governments I

In the American system, there are three types of governing powers

and these are vested in three types of institutions:

Legislative Executive

Judicial

Page 105: Introduction to GOVT 2301. American National & State Governments I

As we will see soon enough, these are the separated powers.

Page 106: Introduction to GOVT 2301. American National & State Governments I

These are, in turn, the:

Law Making BranchesLaw Implementing Branches

Adjudicating Branches

Page 107: Introduction to GOVT 2301. American National & State Governments I

They are generally composed of:

Representative AssembliesEffective Administration

Impartial Courts

Page 108: Introduction to GOVT 2301. American National & State Governments I

Note the adjectives. The legislative assembly is designed to represent the will of the electorate, the executive is designed to effectively implement the decisions made by the legislature, and the judiciary is supposed to impartially

adjudicate disputes over the implementation of that law.

Page 109: Introduction to GOVT 2301. American National & State Governments I

As we will see in future lectures, in the American system, these three

institutions are designed to be independent and serve to check

each other’s power.

Page 110: Introduction to GOVT 2301. American National & State Governments I

We will also note that these institutions exist on the national,

state and local levels. The term for this, we will discover, is federalism.

The American governing system is very decentralized and very

complex as well.

Page 111: Introduction to GOVT 2301. American National & State Governments I

While each is held to be equal, they aren’t really.

In reality, the legislative and executive branches are stronger

than the judicial.

Page 112: Introduction to GOVT 2301. American National & State Governments I

The Legislature possesses the power of the purse

It can impose taxes and distribute spending.

Page 113: Introduction to GOVT 2301. American National & State Governments I

The Executive possesses the power of the sword.

It implements the law. In some sense, the term government in the

minds of many means the executive.

Page 114: Introduction to GOVT 2301. American National & State Governments I

This is an important point. In order to be a called a “government,” a

governing entity has to be able to (1) compel individuals to follow the law

and (2) to collect revenue.

The executive has the power to do both, but is supposed to be restrained

by the legislature and judiciary.

Page 115: Introduction to GOVT 2301. American National & State Governments I

Everything else that a government does is up to the sovereign.

EducationHealth Services

Business Developmentetc . . .

Page 116: Introduction to GOVT 2301. American National & State Governments I

The Judiciary is only as strong as the other branches are willing to allow it

to be. It has no control over the purse or the sword, apart from its ability to

check the powers of the executive and legislature. Its primary power is

influence. Its influence depend on how fair people think its decisions are.

Page 117: Introduction to GOVT 2301. American National & State Governments I

One of the major accomplishments of Anglo-American governance was

the development of separate governing institutions with defined job descriptions and the ability to

restrain each other.

Page 118: Introduction to GOVT 2301. American National & State Governments I

The most important of these accomplishments was the ability to

restrain executive power.

We will discuss this more thoroughly in the next section.

Page 119: Introduction to GOVT 2301. American National & State Governments I

What different types of government can exist?

There are many.

Page 120: Introduction to GOVT 2301. American National & State Governments I

There are two ways to distinguish types of government. We can ask

two questions:

1- Where is sovereignty located?2 – How much individual freedom

is allowed?

Page 121: Introduction to GOVT 2301. American National & State Governments I

First way to distinguish between governmental systems is to

determine where is sovereignty located.

There are three possibilities.

Page 122: Introduction to GOVT 2301. American National & State Governments I

Autocracy - where there is rule by the one

Oligarchy – Where there is rule by the few

Democracy – Where there is rule by the many

Page 123: Introduction to GOVT 2301. American National & State Governments I

Each has advantages and disadvantages, and as we will see,

each aspect of American government tends towards one of

these types.

Page 124: Introduction to GOVT 2301. American National & State Governments I

Autocracies are efficient, meaning they can act quickly. The fewer people

needed to respond to a crisis, the more effectively it can be addressed.

But the rule can also be very arbitrary. There are no rules in place that can

limit the actions of government, so the autocrat can do what he or she

pleases.

Page 125: Introduction to GOVT 2301. American National & State Governments I

Oligarchies are capable, meaning that the ruling class is often composed of people

who have some general skills, knowledge or ability that makes it more likely that they can rule well, but their rule can be

biased. The benefits handed out by government are more likely to flow to

them and those they choose to reward. Oligarchies commonly use hereditary or

class distinctions to confer these advantages.

Page 126: Introduction to GOVT 2301. American National & State Governments I

Democracies are generally considered to be legitimate by the

populations they rule over, meaning that their decisions are more likely to be accepted by the general population since they see

themselves as being participants in their formation.

Page 127: Introduction to GOVT 2301. American National & State Governments I

But democracies, since they are driven by a majority, prone to passion and

succumb to mob violence.

They have a tendency to not respect the rights of the minority, and can be

as tyrannical as any other type of government. It was a Greek

democracy that executed Socrates.

Page 128: Introduction to GOVT 2301. American National & State Governments I

The founders believed that they were prone to chaos and

instability.

Unstable Greek democracies were taken over by tyrants.

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Remember the Greek troops in 300?

They were Spartans – that was a military dictatorship, not a

democracy.

Page 130: Introduction to GOVT 2301. American National & State Governments I

As we will see, each is incorporated into the American constitutional

system.

This allows for the benefits of each to be incorporated into the government,

and the disadvantages of each to – hopefully - be checked by the other

two.

Page 131: Introduction to GOVT 2301. American National & State Governments I

Legislatures are DemocraticExecutives are AutocraticJudiciaries are Oligarchic

Page 132: Introduction to GOVT 2301. American National & State Governments I

Since we identify ourselves as democratic, here’s more detail on

democracy.

Definition: a government in which the supreme power is vested in the people

and exercised by them directly or indirectly through a system of

representation usually involving periodically held free elections.

Page 133: Introduction to GOVT 2301. American National & State Governments I

There are generally three components of democracy

Universal Adult SuffrageMajority Rule

Minority Rights

Page 134: Introduction to GOVT 2301. American National & State Governments I

All adults should be able to vote.

The majority (or some such criteria) should make decision about public

affairs.

But there ought to be limits to what the majority can do in order to protect

the rights of minorities.

Page 135: Introduction to GOVT 2301. American National & State Governments I

We will note in coming sections the tension between majority rule and minority rights. We will point out that democratic societies are

not necessarily free. Majorities can tyrannize minorities quite easily in

a democracy.

Page 136: Introduction to GOVT 2301. American National & State Governments I

There are two types of democracy

Direct (or Pure)Indirect (or Representative)

Page 137: Introduction to GOVT 2301. American National & State Governments I

In a pure democracy, the people are able to directly vote for

legislation while in a representative democracy the

people vote for others who will pass laws, and then hold them

accountable in periodic elections.

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The United States is an indirect democracy.

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The distinction touches on a critical issue. Democracy means rule by the people, but how closely should the

people be able to rule?

Should decisions be instantaneously implemented, or should there be institutions to modify their direct

impact?

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And example of a pure, or direct, democracy:

The New England town hall meeting.

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Are these good or bad? Decision making is kept close to the people,

but passionate, unjust decisions can be made by them.

We will note in Federalist #10 that James Madison did not like these

type of government.

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“Alexis de Tocqueville once said that "local institutions," such as town meetings, were ‘to liberty

what primary schools are to science.’“ – WaPo.

- History of Town Meeting in New England.

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The Founders were uninterested in founding a direct – or “pure” –

democracy. They believed that many of the problems they faced were

caused by the excessive democracies created under the Articles of

Confederation. Institutions composed of representatives should come

between the people and the law.

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They were suspicious of democracy

Click here for quotes regarding the excesses of democracy

.

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The second way to distinguish between governmental systems: How much individual freedom is

allowed?

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A constitutional system is also called a system of limited

government.

It is the only one where meaningful limits are placed on the powers of government. The others are prone

to arbitrary rule.

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In a totalitarian system, all power rests with the state. There is no

sense of individualism as we might recognize it.

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But totalitarian governments are difficult and costly to sustain. The bright individual can be seen as a threat and resource are used to

contain them. The most totalitarian countries tend to also

be the poorest.

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Here is Parade Magazine’s list of the ten worst dictators of 2009.

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Authoritarian governments wish to expand their power, but tend to have to share power with other

institutions in society and are unable to have total control.

They are totalitarian wannabes.

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Constitutional governments are based on enforceable

constitutions. These place limits on their power. As a consequence, a

priority is placed on individual freedom.

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These nature of these freedoms ands limitations are spelled out in

a country’s constitution.

We will spend several weeks on this subject soon.

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First, a definition: what is a Constitution?

“A set of rules for a government that articulate its powers and functions, and establishes its

institutions, principles, structures and procedures. It also establishes its relationship

with the general population by clearly stating its limits and the rights of the people.”

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A Constitution does not simply limit power by stating what its

institutions cannot do, but by also properly balancing the various

powers within society so that no one can dominate the others.

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Later this semester we will discuss substantive and procedural

freedoms.

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But why value individual freedom?

Why allow people to be free?

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Two answers

1 – Freedom is a natural right

2 – There are tangible benefits to living in a free society.

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The first is a philosophical question which we will save for next week.

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For now simply recall the argument in the Declaration of

Independence above. It states that it is a self evident truth that people

are born with unalienable rights and that governments are

established to preserve them.

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As for the second: Free societies tend to be wealthier than un-free

societies. An independent business and academic sector can emerge and introduce new ideas that can

enhance the well being of the people and the nation.

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Minimal governmental interference with business and

social affairs allows for innovation and development.

There tends to be a positive relationship between freedom and national wealth.

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Adam Smith argued that free markets promoted the general

welfare.

John Stuart Mill argued that free speech did the same. People should be free to challenge

orthodox beliefs.

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But free markets allow for the development of powerful interests outside the control of government

BusinessesCorporationsUniversities

Religious Institutionsetc . . .

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And free speech allows for those in charge to be challenged by others.

It leads to the development of a political sector. What had been

seditious libel, subject to punishment, is now politics.

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Concluding point:

The restriction of the arbitrary use of governing power has led to the development of a political sector.

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Central to this was the development of the right to peaceably assemble and to

petition government for a redress of grievances in late 17th Century Britain.

People were able to meet together and criticize the king.

This allows for the legal development of political organizations.

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This allows for us to transition to a discussion of the second term”

“Politics”

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To repeat an earlier slide: What is Politics?

Conflict over the authoritative allocation of values in society.

The struggle over who gets what when and how.

Intrigue or maneuvering within a political unit or group in order to gain control or power

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Politics almost inevitably involves conflict. Conflict often

revolves around two key factors:

ValuesInterests

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Values

A sense of what is right and wrong, and whether a government has the

authority to address it. For examples, think of the ongoing

struggles over abortion and same-sex marriage.

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Values: the ideals, customs, institutions, etc., of a society

toward which the people of the group have an affective regard. These values may be positive, as

cleanliness, freedom, or education, or negative, as cruelty, crime, or

blasphemy. – dictionary.com

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Since the U.S. was based on a set of governing principles articulated

in founding documents, certain values are held to be distinctly

American

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These include:

Natural RightsIndividual Liberty

Equality of OpportunitySelf Sufficiency

Self GovernmentCommunity

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Some of these are in conflict.

We can’t be both free and equal. The same with individualism and communitarianism. These ideals are in conflict. At some point one

must choose one or the other.

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Disputes over values have led to the development of broad

ideological movements organized around these disputes.

The same is true for interests

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Interests

The tangible benefits one receives from government. Think of the

struggle over where tax rates are set, which industries are subsidized, what

regulations are set, and where spending is focused.

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Interests: regard for one's own advantage or profit; self-interest: The partnership dissolved because

of their conflicting interests. – dictionary.com

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According to James Madison, conflict over interests are

inevitable, and groups will always form around those interests.

He called these groups factions. We call them interest groups.

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“As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the connection subsists between his reason and his self-love, his

opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will

attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable

obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of

different and unequal faculties of acquiring property, the possession of different degrees and kinds of property

immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.” –

continued

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A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in

civilized nations, and divide them into different classes, actuated by different sentiments and

views. The regulation of these various and interfering interests forms the principal task of

modern legislation, and involves the spirit of party and faction in the necessary and ordinary

operations of the government.

- James Madison, Federalist #10

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As we will see in future sections, the framers of the Constitution

took these factors into consideration and used the

Constitution’s design as a way to condition how these groups affect

governance.

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Conflict over values and interests involve huge political fights and a

variety of organizations have developed in America to conduct

those fights.

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These are properly called political institutions, since they attempt to

influence the decisions of government. These are three dominant types od

institutions.

Political PartiesInterest Groups

The Press

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Political Party: A group of individuals that have organized

around shared political principles with the intent of winning

elections to governmental office and organizing governing institutions once in power

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Interest Group: an organization that seeks to influence political

decisions often by lobbying elected leaders directly and becoming

active in elections.

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The Press: Organizations with the technology and audience to

disseminate information. This can include the media and

public relations firms among others.

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Each are external forces (though political parties have worked their

way into the operations of Congress) on government that

allow those not in power to have an influence on government, and

those in power to consolidate control.

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In a democracy, the most important political force on

government is public opinion.

Public opinion directly impacts elections

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A key question investigated by political scientists: Why do people take the positions they do? We will

explore this in future sections.

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Political Ideologies have evolved as ways to make sense of the various

values people hold.

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A simple definition of Political Ideology:

A set of positions on issues that are based on a fundamental value.

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Two seemingly consistent values – freedom and equality – can

actually lead to different positions on political issues since these

values are often in conflict.

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Two Dominant Ideologies in Contemporary Politics

ConservatismLiberalism

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The more one prioritizes freedom, the more one is likely to be

conservative.

The more one prioritizes equality, the more one is likely to be liberal.

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Conservatism

• Historically based on support for tradition, the status quo, and the preservation of privilege

• More recently also focused on individual liberty

• Private solutions preferred over public solutions. Smaller levels of government preferred over larger

• Most important historical figure: Edmund Burke

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Liberalism

• Historically oriented towards reform and the liberation of lower classes.

• More recently focused also on equality.• Support for anti-poverty and civil rights

policies.• Governmental solutions often preferred over

private sector solutions

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Neither is thoroughly cohesive. Disputes exist within each. Few

people are completely conservative or completely liberal.

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Most people in the United States call themselves moderate, rather

than liberal or conservative.

Where do you fit?

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Here are a few areas of dispute between liberalism and

conservatism.

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Traditionalism vs. Reform

Conservatives argue that traditional relationships (think: heterosexual marriage) provide stability for a

society and that these should not be radically changed. Liberals argue that

these relationships should be modified to comply with changing morays of

society.

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Religion

Conservatives historically have supported the promotion of Protestantism and the display of Protestant images in public buildings, thought these have been recently expanded to include

Catholicism and Judaism. Liberals are more supportive of a secular approach to government (the wall of separation), restrictions of religious imagery and inclusion of Islam, Hinduism and

other religions in their understanding of religion.

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The Free Market

Conservatives support free markets (or more appropriately laissez-faire markets), with

minimal intervention by government, except to promote and enhance the marketplace. Liberals

are more willing to allow government to provide, or subsidize, certain services that

would not otherwise be provided by the market, such as Social Security and Medicare.

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Regulations

Conservatives argue that private industry can regulate itself and there is no need for regulatory agencies, which only suppress

competition and inhibit innovation. Liberals argue that regulatory agencies are necessary to curb corruption, ensure fair, open transactions, and limit externalities

like pollution.

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The Military v. Diplomacy

Conservatives believe in a large military and believe the use of the military should be based on the sole interests of the United States with

little regard for those of other countries (unilateralism). Liberals believe the military

should be smaller, the use military power should be coordinated with other countries (multilateralism), and diplomacy and

development are just as important as defense.

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Civil Rights

Conservatives are usually opposed to civil rights measures since they disrupt

the status quo and create opportunities for certain groups to sue

for grievances. This is especially true for affirmative action. Liberals see civil rights as necessary to overcome long standing denials of equal protection.

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Law Enforcement

Conservatives tend to take a hard line on law enforcement and oppose

measures, even constitutional measures, that enhance the rights of

criminal defendants. Liberals argue for the rights of criminal defendants and often support additional funding for

public defendants.

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Interpreting the Constitution

Conservatives usually argue for limited interpretations of constitutional

language while liberals support loose interpretations. Looser interpretations

tend to allow for additional national power.

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One final point before we conclude.

There is an area where government and politics overlaps, where strong

political forces have seemingly taken over governing functions and ensure

that they all act in their self interest at the expense of others.

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Over the years, various well connected groups have developed close relationships with governing institutions and have been able to

help write the legislation and regulations that govern the

industry

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The key components of an iron triangle

Interest groupsCongressional Committees

Executive Agencies

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If the interest group is strong enough to influence elections to congress and the appointment of

executive officials, they can effectively regulate themselves.

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Example: The Securities and Exchange Commission is

commonly argued to have been captured by the financial sector.

Is this why no serious investigations have been made by the SEC of the

banks role in the 2008 crash?

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Critics argue that a revolving door exists between people that work in

governmental agencies, congressional offices, and interest

groups.

These are the people that may really run things.

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Now that we have an understanding of some terms and

concepts, we can turn to the development of the concept of

natural rights. This is perhaps the most important of the principles American government is founded

upon.