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POL101 (Part 1): The Nationalization of [American] Politics

This Prezi will cover chapters 2 through 5.
by

Ray Block

on 14 October 2016

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Transcript of POL101 (Part 1): The Nationalization of [American] Politics

(Part 1 of textbook)
The "Nationalization"
of American Politics

The Constitution
(Chapter 2)

an obscenely brief discussion of US history
Conflicting interests in the colonies:
limit power (tyranny)
strong central government
Strengthen
central gov't.
Federalists: Alexander Hamilton (left), James Madison (middle), and John Jay (right)
Limit power
Anti-federalists: Patrick Henry (left), Samuel Adams (middle), and Thomas Paine (right)
another "crash course" in game theory
The "logic" of bargaining:
competition (defection)
common ground (cooperation)
Common Ground
Competition
Allows a player to obtain their preferred outcome (sometimes at the expense of another player)
Examples from in-class exercise:
many players initially focused on "haggling" the prices of the oranges in an attempt to gain advantage
in some cases, neither player achieved her/his goal
some students expressed frustration because negotiations were competitive
Allows players to satisfy their most important interests, although they might have to forfeit their initial demands (at least, as they first perceived them)
The "bridge-building" (common ground) solution:
Re-frame negotiations in terms of needing certain parts of the oranges (rather than needing whole oranges)
Dr. Jones
needs only the orange
juice

Dr. Roland
only needs orange
rinds
Therefore, if they work together, they get their needed materials and split the costs
Negotiating
the Constitution
Overview:
Today, we cover the following:
Conflicting interest in the colonies
The "logic" of bargaining (in-class exercise)
Negotiating the Constitution
What we got (Constitutional structure and underlying idea of our government)
Recap
What have we learned so far:
Defection
: If you
compete
for the oranges, you typically end up spending more money, and there's no guarantee that the farmer will cut a deal with you
Cooperation
: both sides can win if they can see things from a different perspective (and if they can find
common ground
)
Federalists vs. anti-federalists
Negotiation: logroll
advantage: federalists
they got their Constitution ratified
but it cost them a "Bill of Rights" they believed was unnecessary
State's rights vs. federal power
negotiation: logroll
advantage: federal power
"special voters" (not state legislators) elect pres.
Pres' term is shorter than Senators', but longer than House members'
no term limit for pres (for now, anyway--22th Amendment changes that)
New Jersey vs. Virginia plans:
negotiation: bridge (CT plan)
advantage: neither
Bicameral congress (hurray VA),
but NJ plan's legislative body was used to model Senate

Note: Connecticut plan is known as the "
Great Compromise
"
Northern vs. Southern states
negotiation: logroll
advantage: depends
on the one hand, Southern states benefit from "slave representation" (don't ban slavery for 20 years)
on the other hand, Northern states get the trade regulation they wanted (don't tax exports for 20 years)
Federalism
(Chapter 3)

Overview
American-style Federalism
what is federalism?
"unitary," "federal," and "confederal" systems
the logic/politics of modern federalism
advantages and disadvantages
the "devolution revolution"
Federal
State
County
Local
What is
federalism?
Federal system, defined:
divides "authority" between 2 or more distinct levels of government

American-style federalism: hybrid of two systems
unitary
= concentrates decision making in one central geographic place (e.g., a central government)

confederation
= spreads decision making among sub-units (such as states); has weak central government
federal
= divides decision making between central government and the sub-units
Unitary
system (China, Britain, France)
Federal
system (USA, Canada)
Confederal
system (USA [under Articles of Confederation], the Confederate States of the South during Civil War
Two distinct forms of federalism:
dual = each unit is sovereign w/in its own sphere (layer cake)
shared/cooperative = joint action between federal government and sub-national governments (marble cake)
"Dual" vs. "Shared"
Federalism
The logic of Federalism
Note:
American federalism has shifted from "mostly dual" to "mostly shared"
Historical development:
Federalism was carefully defined in Constitution as a "founding principle"
balances the perceived tyranny of the
unitary
system with the chaos created by the
confederal
system
Yet, it has been shaped by decades of "politics":
McCulloch v. Maryland (1819):
enumerated
vs.
implied
powers
Gibbons v. Ogden (1824):
commerce
clause
Federal gov. secured its status "the supreme law of the land"
states get
reserved
powers
Federal gov. maintains this relationship using "carrots" and "sticks"
Carrots = federal grants to states
categorical
grants: given to states by Congress for specific purposes (highways, medicaid, AFDC, etc.)
block
grants: consolidate several categorical grants into a single "block" for prescribed broad activities (public education, social services, etc.)
Sticks = un-funded mandates
mandate = a rule that tells states what they must do in order to comply with federal guidelines
Congress can take money away if states are not in compliance
What our government looks like
The "finished product"
[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes
Article I, Section 8, Clause 3:
An individual's attitude about federalism depends partly on how much s/he values
equality
vs.
freedom.

Uniform laws (passed by a unitary government) tend to emphasize equal treatment of citizens
Diverse laws (across state gov'ts.) by their very nature allow a great deal of individual freedom

Think of this as a tradeoff between transaction and conformity costs
Advantages and Disadvantages
to American Federalism
Things to ponder (huddle up):
Federalism issues in current events
Examples:
Same-sex unions
Civil Rights/Disability Rights Movement
Hurricane Katrina (and, more recently, Sandy)
Devolution = reverse federalism:
At first, the trend was toward "nationalizing" politics
Now, the federal government is "outsourcing" its power to the states
been happening since the 1980s (part of "conservative" movement to scale back federal government)
The "Devolution"
Revolution
Some questions to ponder...
Civil Rights and Civil Liberties
(Chapter Four and Chapter Five)

Important questions (huddle up)
How could a nation that embraced the Declaration of Independence’s creed that “all [people] are created equal” condone slavery?
Why would a majority in society ever seek to extend and protect the rights of its minorities in the face of huge costs— even those imposed by a tragic civil war?
Does America’s constitutional system impede or promote the cause of civil rights?
Are “civil rights” generic, or do we define them differently across groups according to issues for which they seek protection?
Civil Rights
Important questions:
Has the existence of a formal Bill of Rights really secured the freedoms of Americans?
Does the Supreme Court’s importance (when it comes to defining and protecting civil liberties) imply that democracy requires judges for its protection?
What other ways of protecting civil liberties might there be?
What roles, if any, do Congress, the President, and the states play in defining civil liberties?
Since the Bill of Rights does not mention “right of privacy,” how can the Supreme Court deem privacy to be a fundamental constitutional right?
Civil Liberties
Civil Liberties (CL)
CL = Protections
from
government
Freedoms that government(s) can never take from citizens
Articulated in the Bill of Rights
Civil Rights (CR)
CR = Protections
by
government
Things that government(s) must secure/protect on behalf of its citizens
Things to Consider
On the one hand:
Constitution supports
individual's
rights
13th Amendment (formal emancipation)
14th Amendment (granted citizenship)
15th Amendment (guaranteed voting rights)
On the other hand:
Constitution supports
state's
rights
Some authority reserved to states, devolution, etc.
separation of powers
politics based on "self interests" (people, not angles)
The fight for CR is rooted in the "American Dilemma" (see MLK speech @ 2:40)
Am. Dilemma = dilemma of Democracy (Democratic ideals are in conflict with):
one another (gov't. stability vs. citizens' rights)
day-to-day practices (group relations)
An American Dilemma
Setting the stage
Recall the video re: The Disability Rights Movement
Ugli Orange Simulation
Instructions: break up into groups of four (4)
One person will be
Cardozo
(orange farmer)
One person will be
Dr. Jones
(a pharmaceutical biologist)
One person will be
Dr. Roland
(a pharmaceutical biologist)
One person will be the
negotiator
(record keeper)

Cardozo
has the oranges
Dr. Jones
and
Dr. Roland
want to buy them (see handout)
The
mediator
witnesses the negotiations (see handout)


** You have 30-45 minutes, then we will discuss the results
What our government stands for
http://www.annenbergclassroom.org/pages.aspx?name=key-constitutional-concepts&AspxAutoDetectCookieSupport=1
Full transcript