Main Concepts Flashcards
The rule of law
The individual has some autonomy and freedom.
Locke’s belief that there are natural laws.
Includes generality, prospectivity (action in the future not past), publicity, and due process.
Key threats: politicians and constituents (us!)
**gives predictability
**without the rule of law there is no chance a society will be near a good society.
Incentives
Motivate/encourage us to do something.
How governments are designed.
We expect officials to respond to the incentives of their office as defined by the people.
Representation can be based on the idea that elected officials have an incentive to do what the people want.
Revolutions
Successful founding often depend on revolutions.
Virtue
The people in a society must be capable of governing themselves with sufficient virtue to do so.
Interest
Virtue alone is not enough. You need a legislature that is incentivized to respond to the people.
Conflict of interests between England and the colonies. (England wanted an economy regulated for the interests of the British Crown while the colonies wanted economic freedom)
Ingredient list
1) a commitment to creating a good society.
2) the rule of law.
3) a history of self-government.
4) Distance from the center of power.
5) People virtuous enough to want to have this society.
6) A legislature that is incentivized to respond to the people.
Markets
As decentralized as something can get.
Works by incentives and is very efficient.
Key terms: competition, law of demand, law of supply, equilibrium price.
prices regulate behavior for the common good!
Factions
Parties: democrat and republican.
Feared that the factions would divide the country.
Washington was very against them.
Thomas Jefferson supported different political parties.
Bicameral congress
Divided house and senate. Separated elections (house every 2 years, president every 4 years, senate every 6 years, states whenever they want)
The Washington temptation
The belief that the people in charge are more important to government than the processes, precautions, and systems put in place.
Who rather than what.
Elements of exchange
- Money facilitates exchanges.
- Prices provide information about how to make choices based on your costs.
- Opportunity cost.
Gains from trade
We are rarely self sufficient.
Ex) making a sandwich from scratch.
Roles of the government in marketing
markets AND government
- Provide coercion and fraud.
- Provide money.
- Provide infrastructure.
- Define property rights.
- Enforce exchange. agreement.
The cobra effect
When an attempted government intervention actually makes the problem worse.
An unintended consequence.
Ex) The stamp act.
Four premises (the declaration)
1) all individuals are created equal.
2) all are endowed by their Creator with unalienable rights.
3) government, with power from the people, should secure these rights.
4) if government fails to do this it should be removed.
The articles of confederation
First attempt!
- Every state retained sovereignty.
- No single chief executive.
- Every state had an equal vote.
- No direct taxation power.
- No judiciary.
Questions of the constitutional convention
- How should we design a government for this society?
- Should it be powerful or weak?
- Centralized or decentralized?
- How to arrange representation? (the big fight!)
- How to divide powers within the national government?
Virginia plan
Proposed by James Madison.
Represents states according to population.
Favored by large states: Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia.
New Jersey plan
Proposed by William Paterson.
Gives states equal representation.
Favored by small states: New Jersey, New York, Delaware, Connecticut, Maryland.
The great compromise
Proposed by Roger Sherman.
Each state has two representatives in the senate and a variable number of representatives in the House according to population.
Separation of powers
Government powers are separated into executive, legislative, and judicial departments.
Prevents one side or the other from ending up with total power.
Filters of consent
description
Enumerated powers
Also called expressed powers, explicit powers, or delegated powers.
Definition: powers granted to the federal government.
Partisanship
An effort to centralize the government again.
This is frustrated by the constitution.
Narrowly and broadly constructed rights
Narrow: 4-8
Broad: 1 and 9
The “great oughts”
Broad rights. 1) Conscience 2) Expression 3) Privacy. Modern conflict involves these ideas.