I. Constitutional
Underpinnings
I. Constitutional Underpinnings
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A. The purpose of politics
Politics is . . . Bag Demo
the apparatus that selects our leaders who then fullfill
positions in institutions (government) that make
policy, using the policymaking system. It is
conflictual in nature. . .if one wishes or not wishes
to reach a consensus.
1.
System - Define democracy –
it selects + formulates policy which represents +
responds to the public preferences.
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a. Theory encompasses:
(1) equality in voting
(2) effective participation
(3) Enlightened understanding - plethora of ideas. . .
(4) citizen control of the agenda.
(5) inclusion of all who are willing to participate.
b. Majority rule w/ minority rights. An issue of
“power” .
What is a majority . . . (Minority Demo)
Majority = An acculumalation of minorities
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B. Who really Governs?
4 theories. . .
(1) Pluralist theory - competition among groups
. . .NRA, NOW, UAW, AARP; seek their
agenda. . .Has modern society made these
groups less effective? i.e., Putnam. . .
(2) Elite + Class Theory - Class splits . . .Big
Business rules!
(3) Hyperpluralism - Groups divide gov’t,
making it ineffective. . .
(4) Theory of one. . .
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C. Political theorists represent theories
1. Hume - 1734-1750’s - Human nature that man was evil. .
.Gov’t by the many with negotiation and compromise
promoting a union + eventually establishing a republic.
2. Hobbes - one needs an inherited monarchy to promote the
legitimacy of gov’t. Absolutism rules. . .Self interest is nat’l
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 dominates 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.
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If one put these 4 on a spectrum, where would they
fall?
Rousseau
Hume
Locke
Hobbes
All
Many
Few
One
hyperplurlism plurlism Elite/class
Absolute
THESIS STATEMENT:
Directions: on a 5 X 8 notecard. . .write a topic
statement and a minimum of five supporting
sentences. . . 10 Minutes
Compare and contrast two of the four political
philosophers’ ideas (Hobbes, Locke, Rousseau +
Hume ) in establishing who governs in a
democracy?
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Thesis statements
Directions: on a 5 X 8 notecard. . .write a topic
statement and minimum of five supporting
sentences.
“The goal of a successful government is to make
policy that is legitimate and benefits the masses”.
Assess the validity of this statement by explaining
(why + how) which political theoriest (Locke,
Hume, Hobbes or Rousseau) would provide a more
democratic government that would be the most
productive in meeting the needs of the masses.
15 points
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Underpinnings
Thesis statement
Directions: on a 5 X 8 notecard. . .write a topic
statement and a minimum of five supporting
sentences.
Many eligible Americans do not participate in the
political process. WHY?
Which theory, i.e, pluralist, hyperpluralist, elite class
theory, or rule of one; are the non participants
supporting in this process.
Explain theorist (Locke, Hume, Hobbes or
Rousseau) would agree with that assessment?
15 points
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D. When one governs, one seeks power -Define:
Ability to persuade someone else that it is in their
(self)ish interest to follow you
1. Power can be distributed three ways in a
democracy:
(a) power elite - (Hobbes) - Representative
Democracy
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(b) political elite- (Hobbes + Locke) Participatory democracy
(c) majoritarian rule- (Locke or Hume) Direct
Democracy
d. Mob rule - Rousseau
2. What does one do with power? --Make Policy: - Actions of Gov’t. . .
Policy Making Wheel of Fortune
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3. How much gov’t should be available. .
1. Liberals vs. Conservative models. .
A lot
Alittle
of govt
govt
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4. What is the purpose of gov’t; and does it
fulfilling its purpose make it legitimate?
a. Maintain the social order by:
(1) protecting property - “breaking unions”. . .
Moving the goods. . . keeping the airlines flying.
(2) Right to have militias
(3) Economics can take over to make a difference
between have and have nots.
b. Provide Public Goods:
(1) establish infrastructure -- i.e. RR’s
(2) Public school system - It took until the New
Deal for Feds to truly get gov’t involved.
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c. Promote equality . . .
1. Freedom “to” and Freedom “from” unless it
compromises someone else’s right
(a) of opportunity - go for it, you are the catalyst, It also means
competition. Your the mover!
Where does that idea fall on the political spectrum?
Conservative idea
(b) of condition- Since 1960’s (LBJ’s Great Society program-Head Start, Domestic Peace Corps “Some are more equal than
others: (Medicare and Medicaid programs) and the Feds will
fix the problem.
Initiated by the Civil Rights Movement.
(c) of Outcome - i.e. Affirmative Action - not just a boost but
Gov’t has an obligation to promote minority development.
Project evolved from helping the black male to the white
female.
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Starpower Simulation
The following exercise will provide us with
some political observations concerning human
nature, power, competition and something
often referred to as the state of nature. Follow
the rules carefully for infractions, either minor
or major, will cost you points.
This simulation is comprised of three rounds:



Trading round
Scoring round
Bonus round
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

In this simulation. . .one’s goal is to
acculumate points. The more points you have .
. .the more power one acquires. ALSO, the
more points you acculumate, the higher the
GRADE you will acquire. The best score will
earn 50 points, the rest will be pro-rated.
How does one acculumate points? This is
accomplished by trading one’s chips one has
selected during the opening round.
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Selection Round
Step One: Upon entering the room, students MUST be
silent.
Step Two: Each student will select five chips randomly
from the container. Any FIVE chips will do; for at
this point the chips hold no value. The student,
however, will NOT divulge the contents of their
selection to anyone except the instructor. Their
selection is secret.
Step Three: Display the scoresheet, informing the
students the value of their chips. Remember the goal
of this exercise is to score points. . .The more points
the more power!
Some students, because of LUCK, have a lot of points. .
.some students DO NOT!
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Trading Round
Step Four: During this round students will trade chips with each other to score
more points.
Students currently have five chips in their possession. . .but they can now
trade for more chips and eventually collect six, seven or more chips
depending upon the effectiveness of their trading.
BUT. . .students can only count their best FIVE chips when adding up
their points.
Trading round rules are:



You must hold hands when pursuing a trade
No talking unless holding hands
ALL trades must be of unequal value. . .i.e. one cannot trade
a white chip for a white chip. . .but one can trade a red chip
for two green chips.
Once a student wishes to stop trading, they fold their arms,
Count up their chips, turn them in to the instructor, and write the scores on the
board under the proper category.
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Bonus Round:
Give each group three red poker chips. Each chip is
worth 20 points a piece. The groups have 10 minutes
to dispense the chips by either giving one student 3
chips = 60 points; two students, one receiving 40 pts
and one receiving 20 pts;
OR three students receiving a chip a piece worth 20
points. All decisions are must be made by majority
rule. IF some students are unruly, they may be
momentarily removed from the group by majority
vote until the next round begins.
Once the red chips have been allocated, change the
scores on the board for those receiving the bonus
points and hand out the appropriate symbols to each
group.
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Starpower scoresheet
# 0f Chips
Gold
Green
Red
Blue
White
1
80
40
30
20
10
2
160
80
60
40
20
3
240
120
90
60
30
4
5
320 400
160 200
120/140 150/180
80/110
100/140
40/40
50/50
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D. The bumpy road defining America’s Democracy -American Revolution establishes a new gov’t
Define Revolution –
e. RESOURCES
(1). INTERNAL – Guns
OT of Establ Instituttion
(2). EXTERNAL - France
2. . Components of a revolution
f. Recognition : What will king do?
a. People
1)
Fight back (2) Surrender
(1). LEADER - Philosophers
3) Negotiate 4) do Nothing
(2). FOLLOWERS
g. MARTYR from Bos Mass – Xmas
(a). RADICALS - Sons of Lib
Atticus
(b). MASSES – at 50 % of Pop
h. SPARK - Tea Party; Bost Mass
b. THEME- Locke’s model - natural
i. PROPAGANDA: - Use or abuse of
truth to influence Masses
rights, consent of the governed,
limited gov’t, standing laws. . .
j. MISC.
2. Revolution’s intent: restore rights
Live or Die; Give me lib or give me
that the king had taken away from
death ; Ta x w/o Representation
us. . . Declaration of Indep!
c. CAUSE -Dec of Indep had 27 of its
ideas listing the evil deeds of the
king.
d. Oppressor - King Grge IIII.or
Parlia Underpinnings
Constitutional
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1.
D3 Articles of Confederation
A Victory brings a New Gov’t
1)
Why did the framers choose a confederation?
a)
Unitary system provided a tyranical parliament
b)
Each state was unique. . .they wanted . . .
Sovereignty
b. Strengths + Weaknesses
1). What could it do
2). And worse. . .what couldn’t it do. . .
3. Shay’s Rebellion showed its true weaknesses Economic strife showed the national gov’t couldn’t
protect its citizens.
a.
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Freedom House Research
1. This "Most Repressive Societies..." report is available
online at
http://www.freedomhouse.org/template.cfm?page=13
8&report=40
2. There's also a map of "Freedom in the World" on its
web site at
http://www.freedomhouse.org/template.cfm?page=20
&year=2005
3. and a "Map of Freedom of the Press" at
http://www.freedomhouse.org/template.cfm?page=16
&year=2005
4. Freedom House also has a web site for the "Center
for Religious Freedom" at
http://www.freedomhouse.org/religion/
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Liberal v. illiberal Democracies
Liberal democracies possess substantive and procedural
democracy characteristics
Illiberal or managed democracies only possess only
procedural characteristics.
Procedural. . .Talks like a democracy. . .but does not
practice the substantive characteristics of . .
Free elections, civil liberties. . .free press. . .checks and
balances.
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4. The Constitution
The new constitution needed to answer 5 Q’s. . .
a) How should the gov’t rule
b) Who should rule
c) How will the people participate equally?
d) How keep factions into establishing a
tyranical environment?
e) How keep gov’t from becoming too tyranical?
–
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5. Six Constitutional Principles
f. Judicial review
Constitutional check on executive and
Legislative powers by the federal courts, who
eventually will receive this jurisdiction.
Marbury v. Madison
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6. Constitutional resolutions
- Appealing to the “Factions” or self-interests of Americansslave owners to small town shopkeepers. . . Madison’s
Federalist papers # 10. . . Compromises resolved that:
a. Equality
1)Representation (REPUBLICAN) - New Jersey Plan
(= represent) v. Virginia Plan (prop. representation )
led to Connecticut Compromise: US Senate ( 2 Senators per
state) US House - (Reps per population
2) slavery - South wanted all males counted;
Three-fifths compromise. - A show stopper
3) North South Trade agreement … no export taxes.
b. Who can vote - Property owners vs. disenfranchised. States set
election laws.
c. Economics - Congress shall rule + it will build the infrastructure
(Post offices to taxation- Article I)
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d. Individual rightsConstitution lacked in this area- show stopper although
the Consti did say:
1) Writ of habeas corpus
2) bill of attainders
3) ex post facto laws
4) religious preferences to hold office
5) treasonous offenses
6) trial by jury
But were we being ruled by “men” or by laws . . . to
protect us from these “men” the Bill of Rights was
added to protect us from gov’t. . .a recollection of all
the ills that the colonists resided under British rule.
NOTE: B of R HO
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D7. Popular sovereignty and the stress on
individualism once again came to the
forefront.
Federalists v. anti-feds. Big gov’t v. small gov.
8. Madison declared that the factions will take
care of themselves in a true democracy. . . self
interest will turn into national interest. . . But a
B of R was needed to protect one from the
nat’l gov’t.
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D9. How prevent tyranical gov’t?
Separation of powers between branches of
gov’t. – Montesquieu theorized that the
climate controls behavior. . .so control the
political climate by limiting what each gov’t
sector can do.
b)
Have each branch of gov’t “check” the other
to establish a “limited” gov’t.
The Spirit of the Laws.
a)
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10. Ratification
- States voted- - -only needed 9 states to ratify (A of
Confed needed unanimous approval to amend)
a. Federalists v. Anti-feds (1) issue -- the 2nd Consti was a “class-based document
that benefited only the economic elite!
(2) fundamental liberties! Were the Bill of Rights
enough?
3. Federal $$$$$. . .diminishes State $$$$$.
Result - State special conventions would ratify, not
state legislators
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11. “Changing” the ConstitutionAmendment Process
a. Formal process (1) proposal - 2/3 of each Congr or National
convention
(2) ratification - 3/4 of state leg or spec
convention
i.e. ERA was proposed by not ratified!
(3) - 27 Amendments - taxation to congressional
salaries
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b. informal process(1) Federal court decisions - Marbury v. Madison
(2) Changing political practices - Dems v. Reps
Liberals v. Conservatives
(3) Domestic politics to foreign politics. Policy
makers carry big sticks in implementing
policy.
“police actions” to “role of gov’t. . .
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E. Federalism
- a decentralization of gov’t. -- a “sharing of the
wealth” + gov’t power.
1.
Distribution of power.
Federalism
Nat’l Gov’t
State Gov’t
Delegated Powers
Reserved Powers
Concurrent
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a. Delegated powers
Feds rule – Declare war, border security
(1) INHERENT – all gov’t possess these pwrs. .
.immigration, Foreign policy
(2) Expressed -- (enumerated) Stated
specifically . . .Congress makes laws
(3) Implied (Makes expressed powers work) –
Congress establishes a civil service system to
hire federal workers.
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b. Concurrent - shared power. i.e. education,
taxation
c. reserved - states rule - welfare, local education
control, local gov’ts, professional licensing.
2. Who shall rule in conflict - Art VI- Supremacy
Clause - and Implied powers of national gov’t
upheld with
McCullogh v. Maryland. 1819, banking
issue set forth the “elastic clause” that gave the
Congress the Necessary and Proper powers
(implied powers) to enact policies to run the
country! I.e. YUCCA MT SCENARIO
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Federalism thesis

a.
b.
The framers idea for a new government settled
on a federal format, as addressed by Dr.
Sheffield.
Explain why the framers made such a
decision.
Identify five federal threads that still weave
through America’s political fabric today.
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Federal Threads. . .
a)
b)
c)
d)
e)
f)
g)
h)
i)
Issue of Sovereignty . . .people controlled both fed
+ state gov’t.
Supremacy clause (Art VI) gave pwr to Fed govt
Constitutional amendments cannot occur w/o state
ratification. Art V
Feds dictate civil lib + civil rights.
Voting + Elections of Reps
Representations of Reps by state.
Electoral College
If a tie. . .states elect federal officer
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Underpinnings
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Judicial selection.
. .senatorial
courtesy.
State retain power unless . . .
3. If not stated- states have the rights – Stated???
10 Amend!
4. Commerce power - Gibbons v. Ogden .
Interstate + internat’l commerce . Congress
rules!
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5. Full Faith and Credit clause - One state’s
validity carries over state borders - i.e.
marriage licences. Today’s issue - Homosexual
marriages and insurance coverage. The courts
may decide . . .
6. Privileges + Immunity clause . . . Citizens of
one state will not be discriminated when they
visit another. . .sales tax for only tourists>>>
nope. . .but what about out of state tuition? Or
only residents can vote in elections? Court has
been unclear.
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6. From Dual to cooperative federalism
-
a. Education sets the stage for both the Feds +
states to work together in “fiscal harmony”
b. “Shared Costs” of Fiscal federalismWhy use federal help at the “expense” of state
sovereignty?
(1) Feds had the bucks. . . surpluses abounded
(2) Fed income tax in 1920’s
(3) Feds could print more if needed more
(4) Politics - States saw it as “free”money. Why
not pursue it. . .Constituents benefitted!
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c. Grant-In-Aid programs been around for 200+
years. Feds sell land to fund programs!
d. Categorical grants - specific $$ for specific
projec w/ strings attached. . .non-discrimatory
- Cross cutting requirements - Offenders lose it
all!
(1) Project grants - NSF - competitive requests
(2) Formula grant- Do you meet the formula.
i.e. public housing, employment programs
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e. Block grants - social service endeavors w/
less strings attached. SIGS pursue the $350 billion
f. Mandates - Feds dictate specific guidelines. . .if don’t
comply, penalized or lose the funding. . .
Special ed, Disability Act, Clean Air. . .Medicaid
(a)
unfunded mandates. . .Laws w/o funding. . .
(b)
Printz vs. US claimed forcing sheriff’s departments
to pursue gun permits w/o fed $$$$ was
unconstitutional. . .but unfunded mandates still occur
today.
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g. Not all states are treated equally. . . when it
comes to fiscal federalism. . . its the role of the
politician to take care of ones constituents!
With a $3 trillion budget, there is plenty to
fight for!
h. More and more responsibility is falling upon
the states to address funding issues . .
.Devolution.
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i. Devolution
1. Federal gov’t is sending less and less money
down to the states.
2. Welfare to Work Reform act of 1996. . .
3. Feds cutting welfare benefits, forcing states to
move people off welfare rolls.
j. Federalism issues today:
a. NCLB b. Yucca Mt c. Gay Marriage
d. Eminent Domain e. Legalizing MJ f. Teri
Schaivo. . . g. Patriot Act h. Balance the budget
Amendment. i. Overrule Congress legis by 2/3.
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Exam Chap 1-3 Review
Practice Essay . . .
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Rubric




3b. Limited government is one of the key principles
found in the Constitution. It allows for checks by the
people and also allows for checks by the government
itself.
a. Identify and explain two examples of how
government is limited by the people themselves.
b. Identify and explain two examples of how the
Constitution limited the government itself.
c. Explain how the Federalists and Anti-Federalists
both incorporated the idea of limited government in
their philosophical goals.



a.Students must be able to express that government limited by
the people means self- government: a government subject to
the preferences of the majority. This would include indirect
systems of popular elections of representatives and preferences
of the majority in vote’s in Congress and the Supreme Court.
b. Students must understand how the Constitution provides for
a limited national government mainly by its separation of
powers and checks and balances. The Constitution, with its
Bill of Rights, also prohibits government from infringing on
individual rights. Judicial review is an additional safeguard of
limited government. The book also discusses grants of powers
and denial of powers.
c.Students should be able to explain how both the Federalists
and Anti-Federalists agreed that the national government
should be limited: A single executive with reduced powers;
check and balances and separation of powers; federalism and
a Bill of Rights.