Unit 1: Constitutional Underpinnings

advertisement
Ch. 1: pp. 1-24
How should we govern?
What should government
do?





15-25
26-38
39-51
52-64
65-75
Radical
Liberal
Moderate
Conservative
Reactionary


Highlight key points
Thesis Statement (1-2 sentences)






Reading Check Quiz: Ch. 1 pp. 1-14
Read: The Children’s Story by James Clavell (1963)
Imagine school with no rules. What would it be like?
Use all 5 senses when you describe it.
Why do we have rules? What do rules do for us and our
school? Are rules necessary? Why?
What about society in general without rules/laws. Think
about public safety, roads and highways, securing
private property, and your ability to make a living.
What makes laws effective? Have there ever been laws
that have been ineffective? Give examples. Why were
these laws ineffective?





When there are no rules it is called “State of Nature.” This term was
penned by political philosopher John Locke.
Locke believed that because of human nature there was a need for
rules and laws to protect people’s natural rights of life, liberty, and
property.
He believed that people formed governments to protect natural
rights.
People formed social contracts where people agree to obey rules of
the government and the government agrees to protect the natural
rights of the people. If the government violates people’s natural
rights or does not protect the natural rights of the people, the
people have an obligation to get rid of the government and forma
new one.
John Lock’s writings had a huge influence on the founders of our
government. Washington, Adams, Franklin, Jefferson all read
Locke’s writings and much of our government reflects his ideas.
Jefferson applied many of Locke’s ideas in the Declaration of
Independence.

Does government really matter in your lives?
List 20 ways government affects your life
In 1970 58% of college freshmen kept up with politics and
in 2003 only 26% kept up…what changed?(Under 25,
least likely to vote was at 32% as of 1996).
Proliferation of cable TV channels
Young not in the habit because no longer on all the
channels
The numbers are going up currently: 4 points from 20032005
2012 Election Results/Voter Turn-Out Hand-Out!
*Thesis Statement of Election Results
Why should we stay informed?
Fosters civic virtues
Helps citizens identify what policies would benefit
them and vote accordingly
Promotes active participation in politics
those who participate are the most likely to benefit
What is the solution?
Voting at 16, so they can practice voting in high
school?
Jefferson: “There never have been, nor ever will be a
people who are politically ignorant and free.”
Definition: The institutions and processes through which public
policies are made for a society.
Fundamental Questions:
How should we govern? (Who should hold the power?)
What should the government do?
Universal Government functions (What are they?)
National Defense
Provide Public Goods: Goods that we all share and that
business is not likely to provide. Examples: Education,
libraries, parks, schools, highways, weather forecasting,
clean water, and clean air
Preserve order
Socialize the young
Collect Taxes
Politics: The process by which we select our government
leaders and the policies they pursue.
Creates conflict/Whether one wishes to reach a consensus
or not…
Bag Demo! Veil of Ignorance
Political Participation
Voting most common
U.S. is one of the lowest voter turn outs in the
world
Gives a distorted sample of public opinion
Single Issue Group
Narrow interest (abortion)
Dislike compromise
Attracts people new to politics
Policymaking Hand-Out (see chart p. 12)
The process by which policy evolves and comes into being
Linkage Institutions: channel through which people’s political
concerns get on the agenda. Elections, political parties,
interest groups, media
Policy agenda: Issues that attract serious attention of public
officials
Political Issues: An issue that people disagree how to fix
Policymaking institutions: Branches of Government that take
action on political issues: President, S.C., Congress,
(bureaucracy is being added)
Public Policy: The choice the government makes in response
to a political issue. (They can be established through action
and inaction-not responding to an issue-AIDS,???) p. 13
Reading Check Quiz pp. 14-24!
Democracy
What do you think of when you hear the word democracy?
Freedom, justice, apple pie…
Government Continuum: Anarchism, Representative
Government, Totalitarianism, Libertarianism
Economic Continuum: Socialism, Capitalism, Communism
193 countries in the world:
How many democracies are there?
How many dictatorships are there?
Communists: Loas, N.K., Vietnam, China, Cuba
Military
Presidential Dictatorship
Absolute Monarchy
Transitional?
One Party dominates?
How did the framers feel about it?
Government by the People probably coined by Lincoln
What was the struggle of the Cold War?
Traditional Democratic Theory Include:
Inclusion: Majority Rule, Minority Rights (Issue of Power)
Assume Majority will make the right decision. Is this fair?
Equality of voting: one person, one vote
Effective participation: must have opportunities to participate
to express preferences.
Enlightened understanding: free speech and free press; free
expression of ideas essential
Citizens should control the agenda
Representation: Democracy v. Representative Government

Majority Rule and Minority Rights
The essence of democracy is majority rule, the making of binding decisions by a vote of more than
one-half of all persons who participate in an election. However, constitutional democracy in our time
requires majority rule with minority rights. Thomas Jefferson, third President of the United States,
expressed this concept of democracy in 1801 in his First Inaugural Address. He said,
All . . . will bear in mind this sacred principle, that though the will of the majority is in all
cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal
rights, which equal law must protect and to violate would be oppression.
In every genuine democracy today, majority rule is both endorsed and limited by the
supreme law of the constitution, which protects the rights of individuals. Tyranny by minority over the
majority is barred, but so is tyranny of the majority against minorities.
This fundamental principle of constitutional democracy, majority rule coupled with the protection of
minority rights, is embedded in the constitutions of all genuine democracies today. The 1992 constitution of the
Czech Republic, for example, recognizes the concepts of majority rule and minority rights. Article VI says, "Political
decisions shall stem from the will of the majority, expressed by means of a free vote. The majority’s decisions must
heed the protection of the minorities." The Czech constitution is filled with statements of guaranteed civil liberties,
which the constitutional government must not violate and which it is empowered to protect.
Majority rule is limited in order to protect minority rights, because if it were unchecked it probably would be
used to oppress persons holding unpopular views. Unlimited majority rule in a democracy is potentially just as
despotic as the unchecked rule of an autocrat or an elitist minority political party.
In every constitutional democracy, there is ongoing tension between the contradictory
factors of majority rule and minority rights. Therefore, public officials in the institutions of
representative government must make authoritative decisions about two questions. When, and under
what conditions, should the rule of the majority be curtailed in order to protect the rights of the
minority? And, conversely, when, and under what conditions, must the rights of the minority be
restrained in order to prevent the subversion of majority rule?
These questions are answered on a case-by-case basis in every constitutional democracy in such a way that
neither majority rule nor minority rights suffer permanent or irreparable damage. Both majority rule and minority
rights must be safeguarded to sustain justice in a constitutional democracy.
By John Patrick, Understanding Democracy, A Hip Pocket Guide (Oxford University Press)




Article IV Section 4, of the Constitution "guarantees to every state in this union a
Republican form of government".... Conversely, the word Democracy is not
mentioned even once in the Constitution. Madison warned us of the dangers of
democracies with these words,
"Democracies have ever been spectacles of turbulence and contention; have
ever been found incompatible with personal security or the rights of property;
and have in general been as short in their lives as they have been violent in
their deaths...",
"We may define a republic to be ... a government which derives all its powers
directly or indirectly from the great body of the people, and is administered by
persons holding their offices during pleasure for a limited period, or during good
behavior. It is essential to such a government that it be derived from the
great body of the society, not from an inconsiderable proportion or a
favored class of it; otherwise a handful of tyrannical nobles, exercising
their oppressions by a delegation of their powers, might aspire to the rank
of republicans and claim for their government the honorable title of
republic." James Madison, Federalist No. 10, (1787)
"A wise man will not leave the right to the mercy of chance, nor wish it to
prevail through the power of the majority. There is but little virtue in the
action of masses of men." Henry David Thoreau (1817-1862)
Majoritarianism- Direct Democracy; majority of
population entitled to certain degree of
primacy (“mob rule”); leaders are heavily
influenced by the will of the people.
Pluralist Theory (positive)
Citizens participate through joining interest
groups
Need to have multiple center of influence
(Federal System)
Recently there has been a proliferation of
interest groups
Become more effective: Lobbyists, technology
Poor always under-represented
Elite and Class Theory (negative) (Hobbes and Locke)
Upper class elite control government decisions
1/3 of nations’ wealth held by 1% of citizens
These are the groups that can afford to finance
campaigns
Reagan and Bush Jr. big business supporters.
Clinton and Wall Street
Doesn’t really matter who is elected to
government; it’s really about the corporate giant
that holds the power.
Against: Studies show that this group doesn’t
agree and isn’t necessarily getting what they want
Hyperpluralism (negative)
Pluralism gone amuck: interest groups actually
in control
Government has overlapping sphere of influence
Tries to please everyone: result is conflicting
policies
Ex: tobacco-subsidize it and pay for health
consequences
By trying to please everyone, public policy does
not equal public interest-no clear directions.
1. Hume - 1734-1750’s - Human nature that man was
evil. . Government by the many with negotiation and
compromise promoting a union and eventually
establishing a republic.
2. Hobbes - one needs an inherited monarchy to promote
the legitimacy of government. Absolutism rules. . .Self
interest is national interest/Laws = order.
3. Locke - 1689 - social contract theory - Life, liberty and
property - Consent of the gov’t by Parliament( few) who
had a stake in society because it represented people of
property. . .poor people don’t lose much when life
deteriorates. Natural rights dominate gov’t rule!
4. Rousseau – Man was corrupted by an evil society. Rule
by all - a complete democracy; a community of the
whole-- Mobacracy - or maybe Direct Democracy.
Hand-Out!



Compare and contrast two of the four political
philosophers’ ideas (Hobbes, Locke, Rousseau,
Hume) in establishing who governs in a
democracy.
Thesis: Take a Stance on one of them
throughout the essay. Your thesis should
reflect this.
Please Cite Additional Outside Information




The framers of the Constitution established a
representative democracy. Political scientists have
developed at least three theories of American
democracy: pluralism, elitism, and hyperpluralism.
A. Describe each of these three theories
B. Describe how the average citizen is to play a
role in politics according to each theory
C. Choose one of the above theories. For that
theory, explain one way in which it would support
representative democracy and one way in which it
would retard representative democracy.
Limited Participation
Increased Technical Expertise: Do citizens know enough to
make well informed decisions-knowledge is power!
Escalating Campaign Cost
House: ½ million
Senate: closer to 1 million
President: over 100 million
PAC: $5,000
How does this effect democracy?
Diverse Political Interests
Policy gridlock: People want (or not) so many things,
decisions can’t be made; no agreement (again conflict…)
Divided governments: Last 50 years…
How much should our government be involved in our lives?
More: Protect minorities and disadvantaged, positive changes
Less: People make own decisions
Comparative Perspective
How does the U.S. compare in taxes: Less
How does the government compare in services: Less
American Individualism
How did we become this way?
Feudal system oppressed so doesn’t want government
interference
Frontier developed independence
p. 21
Download