INST 275 – Administrative
Processes in Government
Lecture 2 – American and California
Government and Structure
Origins of American Government
 Governments are the vehicles through
which policies are made and affairs of state
are conducted.
 Citizens, by law, are members of the
political community who by nature of being
born in a particular nation or having
become a naturalized citizen are entitled to
all of the freedoms guaranteed by the
government.
 Politics is the study of who gets what,
when, and how or the process of how policy
decisions are made.
Functions of Government – “To
Form a More Perfect Union”
 Establishing justice.
 System of laws with common principles.
 Ensuring domestic tranquility.
 Homeland security, FBI, police forces.
 Providing for the common defense.
 Department of defense.
 Promoting the general welfare.
 Currently a significant portion of the federal
budget.
 Securing the blessings of liberty.
 Civil liberties and civil rights.
Types of government
Artistotle's Classifications of Government
In Whose Interest?
Public
Self
Rule by:
One
The Few
The Many
Monarchy
Tyranny
Aristocracy
Oligarchy
Polity
Democracy
Roots of American Government
 American political system is based on
several principles that have their roots in
classical Greek ideas.
 Social contract theory.
 Hobbes – government is necessary to produce
security – “life is solitary, poor, nasty, brutish,
and short” without government – Single ruler no
matter how evil.
 Locke – government is necessary to protect life,
liberty, and property. Government is limited.
Representative democracy.
American Political Culture
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Personal liberty.
Equality.
Popular consent and majority rule.
Popular sovereignty.
Individualism.
Religious faith.
Changing Demographics of the U.S.
Population
 Changes in racial and ethnic composition.
 1967 – 23.7% nonwhite, 76.6% white.
 2006 – 43.4% nonwhite, 56.6% white.
 Changes in age cohort composition.
 When the U.S. was founded, the average life
expectancy was 35 years. By 2006, it was 80 for
women and 75 for men.
 Change in family and family size.
 1940 – 90% traditional families (both parents).
 2004 – 68% traditional families.
Political Ideology: Its Role in the
World and American Politics
 Political ideology – The coherent set of values and beliefs
about the purpose and scope of government held by
groups.
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Libertarian – One who favors a free market economy and no
governmental interference in personal liberties.
Conservative – One who believes that a government is best that
governs least and that big government can only infringe on
individual, personal, and economic rights.
Social conservative – One who believes that traditional moral
teachings should be supported and furthered by the government.
Liberal – One who favors governmental involvement in the
economy and in the provision of social services and an activist role
in protecting the rights of women, the elderly, minorities, and the
environment.
 Sources of ideology.
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Genetics – identical and fraternal twins studies.
Political socialization – early childhood development.
Current Attitudes toward American
Government
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High expectations.
A missing appreciation for the good.
Mistrust of politicians.
Voter apathy.
Redefining our expectations.
Origins of the New Nation
 Most early settlers remained loyal to
Great Britain and considered
themselves subjects of the King.
 Later generations born on American
soil weakened the ties.
 A series of taxes levied by the
Parliament and Crown led colonist to
convene a Continental Congress and
declare independence.
The Articles of Confederation
 Articles of Confederation (1781) created a
loose league of friendship between the new
national government and the states.
 Numerous weaknesses.
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Inability to tax.
Inability to regulate commerce.
Absence of an executive.
Lack of a strong central government.
No judiciary.
Writing a Constitution
 When weaknesses became apparent, states
called for a convention to fix them.
 The convention threw out the Articles and
wrote a new constitution.
 Series of compromises.
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Representation.
Small versus large states (Senate and House).
Determination of population (3/5 rule).
Members of each branch selected differently.
 House – Direct Election
 Senate – Appointment by state legislature.
 President – Electoral college.
U.S. Constitution
 Continuum – Unitary, Federal, Confederal.
 Themes of Constitution.
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Popular sovereignty.
Representative government.
Limited government.
Separation of powers (Montesquieu).
Checks and balances.
Division of powers (federalism).
Federal supremacy.
Judicial review.
Drive for Ratification
 Fight between Federalists and AntiFederalists.
 Federalists (Hamilton) – Strong
national government; Anti-Federalists
(Jefferson) – Greater state power.
Methods for Amending the
Constitution
 Formal.
 Proposal.
 2/3 vote of each House of Congress.
 2/3 vote of state legislatures calling for national
convent (never).
 Ratification.
 ¾ vote of state legislatures.
 ¾ vote of state conventions (once).
 Informal.
 Judicial interpretation.
 Social and cultural change.
Origins of Federalism
 National and state governments have both
enumerated and implied powers under the
Constitution.
 National and state governments share
some concurrent powers.
 Other powers are denied to both, although
national government is supreme.
 Constitution makes Supreme Court arbiter
for disagreements among states.
Federalism and the Marshall Court
 Over the years, power of the federal
government has increased at expense
of states.
 Necessary and proper clause.
 Interstate commerce clause.
 Supremacy clause.
Dual Federalism: The Taney Court,
Slavery, and the Civil War
 For many years, dual federalism tended to
limit federal power in areas like slavery and
civil rights.
 Peak of dual federalism: Dred Scott versus
Sandford (1857).
 One of the precipitating events of the Civil War.
 Sixteenth and Seventeenth Amendments
marked a change in focus.
Cooperative Federalism: The New
Deal and the Growth of National
Government.
 The Depression and the New Deal
caused a shift away from the concept
of limited government.
 Growth of size and role of federal
government accelerated under
Lyndon Johnson and Richard Nixon.
 Federal grants became population
solutions to state and local problems.
New Federalism: Returning Power
to the States?
 Ronald Reagan attempted to shrink size
and power of the federal government
through New Federalism.
 Campaign continued through the 1990s,
culminating in the Contract for America.
 George W. Bush administration initially
committed to reduction, but September 11
greatly increased national authority.
Evolution of State and Local
Governments.
 Initial intent was to limit scope of state and
local governments.
 Complexity of society and economy and
court rulings on representation have
changed this.
 Trend since 1960s has been for more
representative and more professional state
and local governments.
 More policy implemented by partnerships
with feds, other states, and private sector.
State Governments
 State governments have had primary responsibility
for:
 Criminal justice.
 Education.
 Public health.
 Economic development.
 Increased role in:
 Welfare policy.
 Environmental policy.
 State constitutions provide the basic framework of
institutions and values that allow state governments
to act.
 Since the 1960s, these governments have become
more professional and competent.
Local Governments.
 Local governance conducted by collection of
over 87,000 units of government, most run
by part-time officials.
 All need charters to run.
 Dillon’s rule versus home rule.
 Range from counties, towns, municipalities,
to special districts.
 Most common structures.
 Mayor – council (strong and weak).
 Council – Manager (Superintendent – school
board).
 Commission (Supervisors).
Grassroots Power and Politics
 Those with the most influence over
the making and implementation of
policy are not always the ones in
formal office.
 A family, a business, small group of
individuals, or the local media.
 Governance at the grassroots is face
to face, between neighbors, friends,
and former high school classmates.
Relations with Indian Nations
 American Indian nations affected and are affected by
state and local government.
 Due to treaty rights and the domestic dependent
sovereignty of tribes, Indian nations have a special
relationship with the Feds.
 Tribes have important protections against actions by
state and local governments.
 Conversely, their special status creates challenges for
consistent and coherent policies in states and
localities.
 Currently, Feds are urging tribes to move to selfdetermination and make agreements with state and
local governments on financial and policy matters.
State and Local Finances
 Funding government is complex.
 Revenues are hard to project because governments
tax personal and business incomes, sales, and
property value over which the governments have no
control.
 State, local, and tribal governments also rely heavily
on money given to them by other jurisdictions,
including the federal government.
 The challenge is, given these uncertainties and the
general hostility toward taxes, to budget for required
services and popular programs.
Bill of Rights
 1st Amendment.
 Freedom of Religion.
 Establishment clause.
 Free exercise clause.
 Freedom of Expression.
 Speech.
 Press.
 Assembly and Petition.
 2nd Amendment – Right to Keep and
Bear Arms.
Bill of Rights
 Rights of Criminal Defendants.
 4th Amendment – Searches and Seizures
 5th Amendment – Grand jury, due process, selfincrimination, double jeopardy
 Exclusionary rule.
 6th Amendment – Speedy and public trial, trial
by jury, confrontation of witnesses, right to
counsel.
 8th Amendment – Excessive bail and fines, cruel
and unusual punishment.
The Constitution and the Legislative
Branch of Government
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Bicameral – U.S. House of Representatives & U.S. Senate
elected differently.
Article I sets qualifications, age minimums, and distribution
among states.
House apportioned by population (currently 650,000 per
district). In Senate, each state has two senators.
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Reapportionment and redistricting.
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Lay and collect taxes and duties, borrow money, regulate
commerce, naturalization, bankruptcy, coin money, fix weights
and measures, punish counterfeiting, establish post office,
issue patents and copyrights, define and punish piracies etc.,
create inferior courts, declare war, raise and govern an army
and navy, provide a militia (with states), exercise power over
federal property and facilities, make laws necessary and proper
for carrying out the former.
Congress has enumerated and implied powers.
How Congress Is Organized
 435 Representatives, 100 Senators.
 Parties are important to structure.
Speaker from majority party.
Majority party structures Congress.
 Committees and subcommittees
conduct most significant business. All
legislators serve on one or more.
Members of Congress
 MC’s live in two worlds, home style
and hill style.
 Reelection key motivation.
Incumbency is important.
How Members Make Decisions
 Ideology a key factor.
 Other factors include party,
constituents, colleagues and
caucuses, staff and support agencies;
interest groups, lobbyists, and PACs.
The Law-Making Function
 Only a small percentage of bills
become law (less than 10%).
 Legislation must be approved by
subcommittees, committees, by both
houses, conference committees, by
both houses again, and the President
(who can sign, not sign, or veto).
Congress and the President
 Framers intended for Congress and
President to have discrete spheres of
influence.
 Power has shifted to President.
 However, Congress has oversight
authority, budget authority, War
Powers Act (ineffective), Senate
approval of appointments,
impeachment.
Congress and the Judiciary
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Size of court.
Appellate jurisdiction.
Structure of federal court system.
Senate approval of nominees.
Origins of Presidency
 Constitution created a president with
limited power (persuasion).
 35, natural-born citizen, resident of
U.S. for at least 14 years. Did not
limit terms initially (22nd amendment,
two terms).
 Provided provisions for removal
(impeachment).
Constitutional Powers of President
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Appointment.
Convene Congress.
Make treaties.
Grant pardons.
Veto acts of Congress.
Commander-in-Chief.
Development and Expansion of
Presidential Power
 Depends on personality and interests
of incumbent.
 Early presidents let Congress
dominate (exceptions Washington,
Jefferson, Lincoln).
 FDR marked increase in presidential
power and presidents have been
more important in national and
foreign affairs.
The Presidential Establishment
 Executive Office of the President
(especially OMB, NSC, White House
Staff).
 Primary advisers.
 Vice president, White House staff, some
members of EOP, the First Lady.
President as Policy Maker
 Since TR, Wilson, and FDR, Congress
expects presidents to initiate
legislation.
 Propose legislation, advance budgets,
and involvement in regulatory
process.
Presidential Leadership and the
Importance of Public Opinion
 To gain support for programs, Presidents
use a variety of skills, including personal
leadership and direct appeals to the public.
 Determined by leadership and personal
style, character and ability to persuade.
 Increased public skepticism has reduced
honeymoon period and flexibility.
Crisis in California Politics
 The two-thirds requirement for
passing the state budget.
 Interest group impasse.
 Term limits.
 Safe seat reapportionment.
Content and Character of California
Politics
 Underlying socioeconomic trends.
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Population growth.
Race and ethnicity.
Aging.
Education.
Mobility and foreign-born population.
Income.
California Constitution
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Adopted in 1849 and revised several times.
Four stages:
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1849 Constitution established the basic structure of
government including separation of powers, bicameralism,
federalism, and popular election for most state offices.
1879 constitution added nine new articles and 8,000 words
(corporate restrictions, restrictions on Chinese immigrants).
Progressive era (1910-1917).
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Initiative, referendum, and recall.
Hundreds of reform laws.
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Constitutional Revision Commission.
Legislature.
Initiative.
1960 to the Present.
California Constitution
 Amendment.
 Constitutional convention (2/3 vote of
legislature or majority vote of
population).
 Constitutional initiative.
 Legislative proposal (2/3 vote).
 Approval by majority vote of electorate.
Progressive Reformers
 Put an end to dominance of big corporations
(especially Southern Pacific Railroad).
 Reform corrupt political parties.
 Remove corrupt politicians.
 Return government to people.
 Address social problems (child labor, environment,
state parks, working people).
 Legacies.
 Nonpartisan elections.
 Primary elections.
 Office block voting.
 Direct democracy.
California Legislature
 Assembly (80 members), Senate (40
members). Some of the largest
election districts in the world. Both
houses apportioned by population.
 Legislators must represent
constituents and make policy. Not
always linked. Poor communication
makes representation difficult.
California Legislature
 California once had one of most
professional legislatures of all states. Term
limits reduced expertise. Most legislators
now less experienced than bureaucracy and
lobbyists.
 863,000 constituents for senators and
431,000 for Assembly. Gerrymandered and
safe.
 Majority party controls both houses.
Speaker dominates assembly. President
pro tempore and Senate Rules Committee
dominate the Senate.
California Legislature
 Bulk of legislative work done in committees
and subcommittees. Helped by
professional staff.
 Bills introduced by legislators and sent to
committee. Like Congress, requires
identical bills to go to Governor.
 Majority vote except veto overrides, budget
bills, appropriation bills, and tax bills.
Differences from Congress
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Term limits.
Line-item veto.
Both houses based on population.
No filibuster.
Initiative process.
Effectiveness limited by term limits
and lack of experience, 2/3 vote rule.
California Governor
 Modeled after president, but some
differences. Head of state and head of
government.
 Governor has less access to media.
 Has line item veto, but many cabinet offices
are elected separately.
 Governor has limited powers.
 Legislature, judiciary, other elected executive
officers, and the permanent executive branch.
California Governor
 Formal powers include appointment,
organizing executive branch, instigating
independent executive actions allowed by
law, commander-in-chief, budget proposal,
legislative recommendations, veto power.
 Public roles include ceremonial, bill signing,
dealing with natural disasters, campaigning
and fund-raising, and advocating initiatives.
Structure of State Government
under Governor
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Governor’s staff.
Cabinet.
85 departments.
300 boards and commissions.
300,000 full-time employees.
Elected executives.
 Lieutenant governor, attorney general, secretary
of state, controller, the treasurer, the
superintendent of public education, insurance
commissioner, state Board of Equalization.