Final Flashcards
The Articles of Confederation
- Replicated Home Rule
- No executive or judiciary
- 9/13 states had to agree to pass a law
- 13/13 had to agree to pass amendments
- Conformity Costs vs. Transaction costs
Problems of the Articles of Confederation
- Congress could issue bonds but couldn’t levy taxes
- Could not enforce states to contribute
- Coordination problem with states
Virginia Plan
- Bicameral Legislature
- Based on Population
- Legislature can make any law, summon military forces against any state who does not comply with federal law
- Executive & Judiciary appointed by the legislature
- Council of Revision
New Jersey Plan
- Unicameral Legislature
- Equal State Representation
- Legislature has the same powers as Articles, but can levy taxes, regulate commerce, limited authority over states
- Plural Executive
- Judiciary (Supreme)
Take Care Clause
President can “Take Care” of America’s shit through this constitutional clause
What new powers did the Constitution give the government to overcome collective action problems???????
- Command
- Veto
- Agenda Control
- Voting Control
- Delegation
How can you read the constitution? !?
- Original Intent: Just like our founding fathers wanted
- Strict Construction: Only apply the rules clearly stated within the constitution pls
- Living Document: The constitution is constantly evolving with society
Federalist Paper #10
- Madison identities factions as a threat to the country
- There are two ways to eliminate factions: Authoritarianism and Conformism
- To mitigate these effect: Size Principle / diversity / pluralism
Federalist Paper #51
- Madison discusses how tyranny is prevented by the constitutional provisions
- More on the mechanics
- Checks and Balances prevent the distortion of power
- Ambition is made to counteract ambition
Federalist Paper #69
- Hamilton discusses the executive
- President will not become a king because he can become impeached, tried, convicted of crimes, removed from office; while a king is above the law
- His powers are restricted by the other two branches
Anti-Federalist papers
- They feared the tyranny of the majority
- True democracy is a local democracy
- The nation is too large and diverse to be under one set of laws
- Helped the implimatation of the bill of rights
Bill of Rights
- Name given to the first 10 amendments
- Proposed during the first session of Congress
Negative Rights
- Freedom From Something
- Things people shouldn’t do to one another
- Right to life, liberty, property
Positive Rights
- Freedom to do Something
- Things people should do to one another
- Rights to free school, healthcare, minimum wage
Supremacy Clause
-The federal government has control
Elastic Clause
- Necessary and Proper Clause
- Congress can intervene in national emergencies
Commerce Clause
-Meant to avoid problems from Articles
10th Amendment
- Rights granted by the constitution are reserved to the states
- 14th amendment applies the bill of rights to all states (incorporation)
- Court often gives authority to federal government
Federalism Cake: Past vs. Today
- Past: Federalism was a layered cake, programs and authority are clearly divided like layers in a cake
- Today: Federalism is a marbled cake, programs and authority are mixed among national, state, and local governments
How did the Federalism Cake become so goddamn marbled?
- Nationalization shifted authority away from the states after the 1930’s (lol FDR goddamn)
- State and Federal government coordinated their actions to solve national problems, blending the layers
How did Nationalization happen?
- To solve collective action problems
- Country became industrialized, need more authority
- States asked for help with coordination, shirking, and competition
- Opportunism to increase political power and advance an agenda
The House
- 2 year terms
- Popular elections
The Senate
- 6 year terms
- now popular elections, not before
What power does congress have?
- Impose taxes
- Regulate interstate and foreign commerce
- Declare war
- Raise armies
- Suspend Habeas Corpus
- Elastic clause gives them growing power
- Senate ratifies treaties and confirms Senate appointments
What problems does Congress have to overcome?
- Acquiring information
- Congress are not experts on the majority of legislation they review
- Coordinate Action
- With so many members and so much work it is hard to tackle all the problems
- Resolve conflicts
- Congress members have divergent and conflicting interest and beliefs
- Collective Action Problems
- Congress members have individual goals and beliefs
What transaction costs does Congress face?
- The Constitution made making laws difficult
- Laws need to pass through majority of each chamber
- Transactions take time
What structural problems does Congress face?
- Committees delegate problems to get out of collection action problems
- Parties resolve conflict and help members work for common goals
- Seniority encourages specialization and cooperation
What is logrolling?
- The exchanging of favors between committees to achieve one’s action
- Logrolling helps overcome collective action problems
How does Congress solve its problem?
- Committees and Seniority can acquire information more effectively
- Parties and Committees facilitate collective action
- Parties and rules can help resolve conflicts
- Committees and Parties encourage members to work for a common goal, not just personal
- Helps things go faster
What is Delegate Representation?
- Highly responsive to constituents, may ignore national needs or trends to respond to constituents interests
- Can lead to porkbarrel politics and logrolling
What is Trustee Representation?
- Less responsive to constituents, focuses on national trends or needs
- Works for collective action goals, i.e. party politics
Bias for the status quo
- The transaction costs of a bill are high
- It is easier to kill and bill then to pass one
Why is there one executive?
- Accountability
- Collective Action
- Energy
How does president have power to command?
-Executive actions (Numbered)
-Presidential memoranda (not numbered)
-They have the force of law
-But congress doesn’t have to fund them and
subsequent presidents can replace them
The President Needs Help
- Brownlow Report
- As the presidency has expanded, so has its powers
- The president is like a CEO of a company
- Congress creates parties in the Executive branch, and transferred power to the president
The President has the power to persuade
- Presidents are expected to do more than they have the power to
- They persuade and bargain
- When a president resorts to command, he is showing weakness
- The presidents power comes from
- His position (statutory power)
- His reputation (if he follows through on promises)
- His public prestige (His ability to go public)
What does it mean to “go public”?
- Going public can show the failure of persuading
- Theodore Roosevelts “bully pulpit”
- Use the media in your favor
- intensive public relations to advance the presidents agenda
- Signing statement
- President will not enforce some provisions of a law that they are signing in
Veto Bargaining
- Derives from three scenarios
1. Congress & President have very different policy agendas
2. Congress wants a radically different policy then the President
3. President wants a radically different policy then Congress
What is the Bureaucracy?
- Hierarchical structure: command flows down, information flows up
- Division of Labor
- Consistent set of abstract rules regarding whats to be done and whose to do it
- Impersonality
- A merit based career system with job security
- Specified goals which collective action is aimed
Federalist bureaucracy
- Civil servants rarely dismissed and passed their position to their sons
- Chose the ‘right people’ to serve
- Honest administration
Jacksonian bureaucracy
- Established short and fixed terms for office
- Offices should be democratized through changes in office
- Created the spoils system
- Little job security and advancement was not based on merit
- Officials rotated based on who they knew, not what
- Created dysfunction and potential corruption
Merit-Based bureaucracy
- Career bureaucrats developed their own interests
- They weren’t responsible to citizens or elected officials
- Caused shirking of responsibility, and lack of punishment for wrongdoing
- Magnified problems of hidden action and hidden information
Iron Triangles
- The bureaucracy, interest group, and congress work together to create policy in their areas of specialization
- Consolidates their power base
Red Tape
- People hate it but it is necessary
- Helps principles control and monitor the bureaucracy
- Removing red tape may help increase efficiency and customer satisfaction, but allows bureaucrats to go astray