Political PowerDefinition-The ability of one person to get another person to act in

accordance with the first person’s intentions

Authority?The right to use power- informal and formal

Legitimacy?What makes a law or constitution a source of rightWhat once was “private” are now considered “public”

Democracy- “The Rule of Many”Direct Democracy Why mostly abandoned today?

Representative Democracy Elitist? What did our framers think? Does it still hold true today?

How is political power distributed in a representative democracy?

Majoritarian politics vs. Non-majoritarian politics

Theories of Who GovernsMarxistsGovernment a reflection of economic forces

Power ElitePower elite a mix of corporate leaders, military, and political

leaders

Weber- BureaucratsBureaucracies based on expertise, specialized competence

PluralistPower dispersed- policies are the outcome of compromise among

competing groups

Declaration of Independence

We hold these truths to be self evident:-All men are created equal-they are endowed with certain unalienable rights-those rights are life, liberty, and the pursuit of happiness-consent of the governed-when government fails, the people have the right to abolish it and institute a new government

Lawyer’s Brief- Defendant- King George Plaintiff-Colonists

Complaint: 27 issues:-refused to agree to laws-refused right of representation-called legislature at places where no one can get to-dissolved representative bodies-refused to establish a judiciary (in colonies)-standing armies without consent of legislature-quartering of troops-cutting off trade with everyone except Britain-imposing taxes without consent-depriving trial by jury-constrained citizens into British navy to fight against colonists

Redress- ignored by King and by the British people

“declare that these united colonies are, and of right ought to be free and independent states”

John Locke:Second Treatise of Civil Government-natural state-”state of perfect freedom”-equality-“that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions”

Most Important?

MontesquieuThe Spirit of the Laws-no book was cited more except the Bible by FF’s-Separation of powers-Federalism-Commercial Republic-checks on power -against slavery

“ The aim is not to make the reader read, but to make the reader think.”

Most Important?

Thomas HobbesLeviathan-Social Contract-because people act in their own self interest, need strong government (ruler) to keep citizens under control-absolute monarchy- old order---new order?-commonwealth must have absolute authority-”every aspect of human nature can be deduced from materialistic principals

III. Weaknesses of Articles of Confederation

a. could not levy taxes or regulate commerceb. Sovereignty, independence retained by statesc. one vote per state in congressd. nine of thirteen votes in congress

requirede. delegates picked and paid by state

legislaturesf. little money coined by congressg. Army small, dependent on state militiash. territorial disputes between statesi. no national judicial systemj. All thirteen states’ consent for

amendments

IV. The Challengea. Virginia Plan -two house legislature, executive chosen by

legislature, council of revision with veto power, national legislature with supreme powers, one house elected directly by the people. Representation based on population!

b. New Jersey Plan -amend rather than replace articles, one vote per

state, protection of small states’ interests

c. The Great Compromise -House of Representatives based on population - Senate of two members per state -reconciled interests of small and large states

V. The Constitution and DemocracyA. Founders did not intend to create a pure democracy-physical impossibility in large country-mistrust of popular passions-intent instead to create a republic with a system of representationB. Popular rule only one element of the new govt.-state legislators to elect senators-electors to chose president-two kinds of majorities- voters and states-judicial review another limitation-amendment processc. Key Principles-separation of powers-federalism-resulting powers enumerated- fed, reserved-state, concurrent-both-federalism enables one level of government to act as a check on the other

Federalism- political system with local government units, as well as the national government, that can make final decisions regarding some governmental activities and whose existence is protected.

Unitary-all local govts. subservient to national govt., local govts. can be altered or abolished, local govts. have no final authority over any significant govt. activities.

Federalism v. Unitary

Why Important?• Decentralizes Politics• Decentralizes Our Policies• More opportunity for participation• More points of access for interests to be

heard

Fed Govts.- Canada, India, Germany, US

Unitary Govts.- France, Britain, Italy

State or National Power?• Declare War• Coin Money• Tax• Regulate commerce w/ foreign

nations and among states

• Conduct elections• Ratify amendments• Regulate Commerce w/in a state• Take private property for public

purposes, w/ just compensation

Dual Federalism- both supreme in their own sphere.

• NATIONAL• NATIONAL• BOTH• NATIONAL

• STATE• STATE• STATE

• BOTH

Establishing National Supremacy

1) Implied Powers:• McCulloch v. Maryland

o Elastic Clause- “necessary and proper”-Could Congress charter a national bank? Yes, even though not

explicitly explained in Constitution-Could states tax the federal bank? No, national powers were

supreme and therefore immune to state challenge

Establishing National Supremacy

3) Civil War: -Struggle over not just slavery but between states and national govt

-Settles the “Nullification” questionDo states have the right to “nullify” the Constitution”?

Establishing National Supremacy

-Grants in aid- categorical, block, and revenue sharing

-Mandates- Civil Rights, Environmental Protection, No Child Left Behind

Dual v Cooperative• Dual:

o Pre national govt. State dominance

o Each remain supreme w/in their own spheres

o Layer Cake Analogy o Powers of National

Govt. interpreted narrowly

• Cooperative:o Share responsibilities

for public policy o Marble Cake Analogyo Mingled responsiblitites

and blurred distinctions o Historically starts w/

New Deal, Great Society

o Involve shared costs, federal guidelines, shared administration

A Devolution Revolution?

-returning power to the states?-do we cut entitlements?