Political Science- Chapter 1

Principles of Government-
• Harold Laswell defined government as who gets what, when and how.
• In any nation, government is made up of:
1. Institutions
2. People
3. Process that is used to create public policy.
• What is public policy? The system set up to maintain authority and control over society

Purpose of Government-

Every nation has goals that they would like to implement into public policies. The US has goals. Our goals were set up in the preamble to the constitution by our founding fathers:
1. “Form a more perfect union”- form a nation where the states have enough power, but not too much that a strong central union can’t exist.
2. “Establishing justice”- set up reasonable and fair laws.
3. “Ensuring domestic tranquility”- preserving public order.
4. “Providing for the common defense”- providing an army and navy.
5. “Promoting general welfare”- provide services to the nation.
6. “Securing the blessings of liberty”- providing individual freedoms.

Forms of Government-

Greek philosopher Aristotle classified government by the number of people ruling:
1. Anarchy- rule by none.
2. Autocracy- rule by one
a. Absolute monarch- usually inherits his position.
b. Constitutional monarchy- inherits his position but is limited by the constitution or code of law. Sometimes, he is a figurehead.
c. Dictator- someone who seizes power and maintains military control.
3. Oligarchy- rule by:
a. A few elite or socially high people.
b. Theocracy- religious leaders.
4. Democracy- rule by the people
a. Direct democracy- every single person votes on every single issue.
b. Representative democracy- I choose someone to represent me in government.

Theories of Government-

Who has the real power and influence over decision making?
1. Traditional democracy theory- government by consent of the governed.
2. Pluralist theory- special interest groups compete in the political arena. Interest groups are powerful, sophisticated groups that represent a certain cause. They compete with each other and work things out with each other.
3. Elite theory- the wealthy, corporate leaders or military leaders are running the country.
4. Bureaucratic theory- the bureaucrats are the people in power who are running the country.
5. Hyper- Pluralist theory- when the government is made of so many interest groups pulling in so many different directions that nothing gets done.
Origins of American Government-

1. Early influences of American government-
a. Greece- first democracy.
b. Rome- first republic.
c. English influences-
i. Magna Carta (1215)- Watershed Event- this was the first time that the power of a monarch was limited. The Magna Carta was forced upon the king by the nobility. The Magna Carta is sometimes called the Great Charter. It guarantees the nobles:
1. Right to a trail by jury.
2. Protects them from arbitrary taking of life, liberty and property.
3. Promised due process- a fair chance- under the law.
ii. Parliament- advisory committee. Over time, it became a law making body.
iii. Petition of Rights (1628)- it extended the Magna Carta to the commoners. It further limited the king from:
1. Taxing without Parliament.
2. Declaring war.
3. Marshall Law during peace time.
4. Gave people the right to trial by jury even if they criticized the king.
iv. English Bill of Rights- in 1689, the Glorious Revolution took place. It was a bloodless revolution- King James was ousted and William and Mary were put in his place on condition that they sign the Bill of Rights. It guaranteed:
1. Free parliamentary elections.
2. Fair and speedy trial.
3. No excessive bail or excessive punishment.
4. Right to petition.
5. No taxation without consent.
6. The monarch may not suspend the law.
d. Philosophers:
i. John Locke- government by the consent of the governed. He had the Social Contract theory- the government protects the natural rights of a person. If it doesn’t do so, it’s to be removed. Thomas Jefferson used these ideas when he wrote the Declaration of Independence.
ii. Baron De Montesquieu- he believed in separation of powers. He felt that England was so successful because the power was divided into branches.

Colonial Experience- was from 1607- 1776. The American colonies were in a continuous state of political development. England treated them with a policy of salutary neglect, therefore the colonies had time to practice self government. The governments were based on their parliamentary heritage from England- it was based on the ideas of:
1. Liberty
2. Equality
3. Limited government

Every colony started with a charter- permit from the mother country to run a colony.

Most of the colonies wanted self government. Two examples of self government were:
1. Virginia House of Burgesses- was a lawmaking body. This was the first experience with a representative democracy.
2. Mayflower Compact- an agreement by the Pilgrims aboard the Mayflower to be self governed. They had a democratic system of government.

Difficulties with England:

England left us alone for many years. We had a mercantilist relationship where England provided manufactured goods and we provided raw materials and a market for the goods. England took care of our defense and we took care of our internal affairs. For many years this was a grand system.

The turning point in our relationship was the French and Indian war- 1756- 1763 (aka Seven Years war). As a result of the war, England began to tax the colonies more heavily because they felt that since war is expensive, we should help fill the treasury. They began to enforce old taxes and institute new ones:
1. Sugar act
2. Stamp act
3. Townshend act
The colonists protested and war broke out- Boston Massacre. England continued to tax the colonists by means of the Tea act. The colonists acted out in the Boston Tea party and as a punishment to the colonists, the British placed the Intolerable act.

The colonists decided to meet to decide what should be done. In 1774, all the states aside from Georgia sent delegates to what later became known as the First Constitutional Congress in Philadelphia. They sent the Petition of Rights to the king and agreed to meet again.

In May 1775, delegates from every colony met again at the Second Constitutional Congress in Philadelphia one month after the battles of Lexington and Concord. The Second Constitutional Congress became America’s first government. It:
1. Set up an army- George Washington became a commander in chief.
2. Borrowed money from:
a. France
b. Netherlands
3. Set up a monetary system.
4. Made treaties.
5. Wrote the Declaration of Independence- was mainly the work of Thomas Jefferson and based on the works of John Locke. It can be divided into three parts:
a. Our theory of government- government is a social contract and is here to protect our natural rights.
b. Our list of grievances
c. Formal declaration
6. Articles of Confederation- laws written by the Second Continental Congress. The Articles reflect the colonists’ fear of strong, central government. The Confederation was like a league of friendship among the colonies. They didn’t want a repeat of King George, so they limited the power to a strong, central government.
The government could:
a. Borrow money
b. Create an army
c. Declare war
d. Set up a postal system
e. Sign treaties

Weaknesses of the Articles of Confederation:
a. Didn’t have the power to tax
b. Couldn’t draft soldiers
c. Couldn’t regulate commerce
d. Had no executive or judicial branch- no one to pull everyone together.
e. Nine out of thirteen states were needed to pass the Articles of Confederation.
f. Every state was equal, regardless of population.
g. Every state had to agree to make an amendment.

These weaknesses allowed states to concentrate on their own power. The states were taxing each other. Some states made their own treaties and printed their own money. Some states refused to listen to Confederation laws.

Successes of the Articles of Confederation:
a. 1781- led to the end of the Revolutionary war.
b. 1783- Treaty of Paris- brought about a successful end to the Revolutionary war.
c. Land Ordinance Act of 1785 and Northwest Ordinance Act of 1787- system of allowing new states to enter the union.

The government under the Articles of Confederation was a failure. It couldn’t deal with the nation’s problems. Chaos and violence broke out. They met in Mt. Vernon and Annapolis, but they still couldn’t work out the problems. It took Shays’ Rebellion to wake people up.

By Shays’ Rebellion, the farmers rebelled because they lost money and land. The wealthy landowners got hysterical that the mob would take over so they decided to meet and attempt to amend the Articles of Confederation.

Fifty- five men from all the states besides Rhode Island met in Philadelphia at the Constitutional Convention. They were all from the elite of society. They realized immediately that the Articles of Confederation couldn’t be fixed and that they had to start new. They decided that the new government would be a republic and run on a federal system where both the state and federal government work together. Additionally, the new government would have three branches of government. Many men came with plans, but the Virginia and New Jersey plans go down in history.

The constitution was full of compromises. Three of these compromises:
1. Great Compromise- this was an argument over representation. Should the people be counted by population or by state? They decided to compromise with a bicameral legislature:
a. Upper house/ Senate- two representatives for every state.
b. Lower house/ House of Representatives- number of representatives is based on population.
2. Three- fifths compromise- how should slaves be counted? The North felt that slaves shouldn’t be counted for representation because they’re not people, but they should be counted for taxation. The South felt that they should only be counted for representation, but not taxation. The compromise that was agreed upon was that three- fifths of all the slaves are counted for both representation and taxation.
3. Commerce compromise- the North wanted the government to regulate business. The South didn’t want the government involved because they were involved in exports and they didn’t want taxes. They also didn’t want the government involved in the slave trade. The compromise was that the government can and will regulate trade, but not tax exports. Additionally, for the next twenty years, the slave trade was not to be touched.

Ratification of the constitution-

On September 17, 1787, the delegates signed the constitution and it was then sent out to the state legislatures. Nine out of thirteen states had to ratify the constitution for it to became the law of the land.

Debates raged in many states- the Federalists vs. the Anti- Federalists.
1. Federalists- were led by John Jay, James Madison and Alexander Hamilton. They wrote a series of eighty- three articles defending the Federalist view called the Federalist Papers. They were signed with the pen name “Publius”. The Federalist Papers supported the constitution and gave us insight into the founding fathers’ thoughts. The Federalists:
a. Believed that the constitution should be left as it is.
b. Stressed the weaknesses of the Articles of Confederation and stressed that we need a strong central government.
c. Felt that a system of checks and balances will protect us.
d. The government in the constitution protects property rights.
e. Felt that we don’t need a Bill of Rights because the constitution itself limits the government.
2. Anti- Federalists- were led by Patrick Henry, Richard Henry Lee, Samuel Adams and George Mason. The Anti- Federalists felt that the new constitution gave too much power to the federal government at the expense of the states and people, therefore a Bill of Rights should be added to the constitution to protect people’s liberties. They wanted fewer limits on people’s participation in government.

It took two years for the constitution to be ratified.

The constitution details the:
1. Structure of the government
2. Power of the government
3. Duties of the government- relationship between the power of the federal government and the states.

Basic principles of the constitution:
1. Limited government- the US government is limited. The constitution is the supreme law of the land and no one is above the law.
2. Popular sovereignty- people rule, people are the source of power.
3. Separation of power- power is divided amongst three branches of government. Each branch has its own duties, and is controlled, restrained and limited by the other branches.

The Constitution-

The constitution begins with the preamble. The preamble is the opening paragraph which lists the nation’s goals:
1. “Form a more perfect union”- form a nation where the states have enough power, but not too much that a strong central union can’t exist.
2. “Establishing justice”- set up reasonable and fair laws.
3. “Ensuring domestic tranquility”- preserving public order.
4. “Providing for the common defense”- providing an army and navy.
5. “Promoting general welfare”- provide services to the nation.
6. “Securing the blessings of liberty”- providing individual freedoms.

The constitution has seven articles:
1. Legislative branch. This article has ten sections:
a. Congress- all the power of the Legislative branch is held by Congress. Congress is composed of the Senate and House of Representatives.
b. House of Representatives- in order to be elected, one must be twenty- five and a US citizen for seven years. He stays in office for a term of two years. The House of Representatives organizes itself however it wants and chooses the speaker. The House of Representatives also has the power of impeachment.
c. Senate- there are two senators per state. In order to be elected, one must be at least thirty and have been a US citizen for no less than nine years. Senators serve for a six year term. Senate serves as the jury during impeachment trials. The vice president is the president of Senate. He doesn’t have a vote unless there is a tie.
d. Discusses congressional elections- congressional elections are decided by every state.
e. Rules and procedures of the House and Senate- the House has many more rules.
f. Payment and privileges- salary is not written into the constitution, but it must be decided by the law.
g. How a bill becomes a law- the bill is presented to either the House or Senate. It is then referred to committees who vote, change and switch…
h. Powers granted to Congress:
i. Coin money
ii. Borrow money
iii. Bankruptcy laws
iv. Make money
v. Copy write
i. Powers denied to Congress:
i. Can’t suspend the writ of habeas corpus
j. Powers denied to the states:
i. Can’t coin money
ii. Can’t declare war.
2. Executive branch-
a. President- must be thirty- five, born in the US and a citizen for fourteen years. He serves a four year term.
b. Powers of the president-
i. Military powers.
ii. Makes treaties
iii. Appoints people
c. Presidential duty- to make sure that the laws are carried out.
d. Can be impeached.
3. Judiciary branch-
a. Federal courts and judges- they serve for life depending on their good behavior.
b. Authority of court- over who the courts have jurisdiction.
c. Treason- a treasonist is someone who declares war against the US.
4. Relations among states-
a. State laws and records- every state must honor other state’s laws- “full faith and credit”.
b. Rights of the citizens- citizens of one state are treated the same as citizens of another state.
i. Citizens are entitled to the privilege of another state.
ii. Extradition- if a convict runs to another state, the state must send him back.
c. Admission for new states.
d. Federal guarantee to the states.
5. Amending the constitution-
a. 2/3 of Congress and ¾ of the states. This has been done for 26/27 amendments.
b. 2/3 of Congress and a special convention held by ¾ of the states.
c. National convention suggested by 2/3 of Congress and then either approved of in ¾ of either state governments or state legislatures.
d. 2/3 of Congress and ¾ of the states agree to have national conventions.
e. Informal amendments-
i. judicial review. Began with Marbury vs. Madison in 1803. John Marshall was presiding over a case in which Marbury asked Secretary of State James Madison to give him his contract that Adams had given to him. Marshall used judicial review and said that the law is unconstitutional.
ii. Executive action- the president can take emergency action and make a change for the moment.
iii. Legislative action- Congress can pass laws that can extend the powers of the Constitution- elastic clause.
iv. Customs- political parties, for example, weren’t written into the constitution but they have evolved and are here today.
6. Supremacy of the national government- the federal government and constitution are supreme- above the state, and everyone must show their loyalty.
7. Ratifying the constitution- 9/13 state need to ratify before it goes into effect.