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Intro to American Politics 1
University of Iowa Spring 2014 Midterm 1
38
Political Studies
Undergraduate 1
02/18/2014

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Cards

Term
What is "politics"?
Definition
Conflict over the allocation of values
Term
Why is conflict in society unavoidable
Definition
Material scarcity and philosophical disagreements
Term
How do societies deal with conflict?
Definition
Government: the authoritative allocator of societal values (material and philosophical)
Term
What makes governments authoritative?
Definition
Legitimacy (self-imposed sense of obligation)

Coercion (preponderance of force in society)
Term
How do governments deal with conflict?
Definition
Make rules to allocate values
Term
Who makes rules?
Definition
Exogenous - external origins, not made by those to whom they apply

Endogenous - internal origins, made by those to whom they apply
Term
Substance of rules:
Definition
Structural rules: rules of the game: how to allocate

Policy rules: substance: what is allocated

All rules are biased: advantage some over others
Term
Implications of rules:
Definition
Society's conflicts over values gravitate to government because its decisions are authoritative.

Government's rules are biased and so produce more conflict in society over the allocation of values

A political perspective on government focuses on how government manages the conflicts of society
Term
Why start with the Constitution?
Definition
1. Fundamental rules of the game of government
2. Exogenous to the national government
3. Biases: Advantages and Disadvantages
Term
How did the politics of the time shape the constitution?
Definition
Effects of Colonial Era Experiences, effects of confederation era experiences, convention politics, politics of writing rules for ratification, and politics of winning ratification
Term
Effects of Colonial Era Experiences
Definition
national vs. state powers

executive vs. legislative power's
Term
Effects of Confederation Era Experiences
Definition
Conflicts over new government's structural rules:
1. Nation - state relations: unitary vs. confederal government
2.Number of branches: should there even be an executive branch?
Term
Choices Reflect Colonial Experiences
Definition
Articles of Confederation:
1. Confederation vs. Unitary government
2. Legislative branch only vs. Multi-Branch (e.g. executive/judicial)
Term
Two Problems with Confederation
Definition
1. Weak national government: no taxation, no regulation of trade among states which led to protective tariffs.
2. No executive to carry out laws and represent/defend US interests throughout the world
Term
Response to Problems with Confederation: Calls for Reform
Definition
Annapolis Convention: poorly attended, but called for another convention

Shay's Rebellion: 12 states agreed on the need to revise articles
Term
Convention Politics
Definition
No consensus about characteristics of government:
1. Basis of Representation
2. Slavery
3. Executive Power
Term
Basis of Representation
Definition
Virginia Plan (population based) vs. New Jersey Plan (state based) vs. Connecticut Compromise (one of each)
Term
Slavery
Definition
3/5ths Compromise: Representatives and taxes shall be apportioned among the several states in the union, according to their respective numbers by adding the whole number of free persons and three fifths of all other persons.
Term
Executive Powers
Definition
Enumerated (specific, Article I) vs. Implied (vague, Article II)
Term
Politics of Writing Rules for Ratification (Article VII)
Definition
1. How many states needed to ratify?
2. Who in states ratify?
Term
Politics of Winning Ratification: Preempt Opposition
Definition
1. Federalists opposed statement of rights
2. Anti-federalists demanded statement of rights and called for new convention
3. Federalists promised protections: The Bill of Rights

Summary: The constitution was shaped by contemporary political considerations
Term
Constitution as a Statement of Philosophical Values
Definition
Intellectual Roots: Classic Liberalism (i.e. protect individual freedom with equal rights, and inalienable rights - those from God, not government.)
Term
Classic Liberalism's Problem
Definition
Rights suppressed (strong over week, rich over poor)
Term
Classic Liberalism's Solution
Definition
Government:
1. Governments limited function is to protect rights.
2. Government's structure is democratic (consent of governed) and Majority rule (equality)
Term
Classic Liberalism's Paradox
Definition
Risk of Majority Tyranny: From Federalist No. 51
Unified majority in a democratic government inevitably tyrannizes minority rights
Term
Founders' Resolution to Paradox
Definition
Modify Majority Rule (i.e. deter formation of unified majorities)
Key premise is to divide power
Term
5 solutions to deter formation of unified majorities
Definition
1. Republican form of government (representative vs. direct democracy)
2. Indirect Election Rules (create multiple constituencies over geography and time)
3. Separation of Powers (create multiple constituencies over government functions)
4. Checks and balances: empower minorities to block majorities
5. Federalism: create and empower multiple constituencies across government levels
Term
Actively Modifying Majority Rule
Definition
Require supermajorities (>50% + 1 vote)
1. 2/3's to: convict impeachment and ratify treaties (senate) and override vetoes and propose amendments (H&S)
2. 3/4's to: ratify amendments by states

Require Concurrent Majorities (> 1 majority):
1. Majorities required in House, Senate, and Presidency to enact law.
Term
Parchment Barriers
Definition
Prohibit certain actions of unified majorities by limiting the government's jurisdiction.

Can't create:
bills of attainder, retroactive laws, deny states equal representation in the Senate, must include Bill of Rights
Term
3 Characteristics and Biases of the Constitution
Definition
1. Favors individual rights over majority interests
2. Favors status quo over policy change: "conservative"
3. Favors flexibility over rigidity
Term
Flexibility vs. Rigidity of Constitution
Definition
Amendable: can be revised to reflect changes.
Ambiguous: can be reinterpreted. For example:

Early 1800s: National Supremacy (McCulloch v. Maryland)
Mid 1800s: State Rights (interposition and nullification)
1860-70s: National Supremacy (14th Amendment)
1880-1920's: Dual Federalism (Layer Cake)
1930-2000's: National Supremacy (Marble cake and fiscal federalism)
Present: Limit national supremacy - narrowly interpret "interstate commerce" clause (Lopez -1995; Brzonkla -2000)

Few Specifics in Constitution: no mention of bureacracy, parties, number of courts; few policy rules
Term
Layer Cake Federalism
Definition
No interaction between national and state government
Term
Marble Cake Federalism
Definition
Multiple interactions between national and state government
Term
Civil Liberties
Definition
Freedoms endangered by government. Protected by limiting government's actions
Term
Civil Rights
Definition
Freedoms endangered by those outside the government. Protected by governments actions.
Term
Civil Liberties and Civil Rights in Federalist Papers #51
Definition
"In framing a government which is to be administered by men over men, the great difficulty lies in this:

You must first: enable the government to control the governed (i.e. protect civil rights)

And in the next place: Oblige it to control itself (i.e. protect civil liberties)
Term
Civil Liberties Continued
Definition
Expanding 14th Amendment and "Incorporation"

Relative, not absolute level of protection varies over time (tensions between protecting individual and society. Consequently, as danger to society increases, protections of individual liberties decrease)
Term
Free Speech - what's protected? what's illegal?
Definition
Alien & Sedition Act: Imprisoned critics of the government
Scheck v. US: "Clear and present danger"
Abrams v. US: "Bad tendency"
Brandenburg v. Ohio: "Incitement"
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