Madison Federalist 53
Anti-federalists had argued that one-year House terms would be more "democratic" or "representative."* Madison argues that Representatives in the House will need some knowledge of national affairs (how things work in the different states), as well as some minimal knowledge of foreign affairs. Because experience in the House counts here, two-year terms are appropriate.
Madison Federalist 56
Critics had charged that the House would be too small to be truly representative or to have "...due knowledge of the interests of its constituents."* Madison counters that the proposed size is appropriate because the objects of concern (areas of legislation) will be limited, not total
Madison Federalist 57
House size is appropriate becauseeven at this distance, the House is still closest to the people. Two-year terms ensure the House's "dependence" on the people
Madison Federalist 58
House size is appropriate because above a certain size, demagoguery ("passion") will replace deliberation and choice ("reason")
Madison Federalist 62
Makes a case for the bicameral system, Senate- 30 years old, citizen for 9 years, need greater information, more stable character, by being appointed from state leg, would be a link between state and fed system Equality of representation in the senate, since proportional, equal vote in the senate= sov for all the states, therefore people vote then senate votes on legislation 1. Having 2 leg bodies serves as a check on those bodies to constituents 2. Senate has to have a longer term to keep balance stable 3. Senate has to be checked for corruption- so no more senators 4. Senate serves as the stable instittutionin the gov
Wilson's Congressional Government
Member reelection and internal power incentives began to shape Congress and led directly to the rise of multiple committees to serve these incentives. Committees were the "little legislatures" that collectively defined Congress. Committee denomination of Congress reflected a decentralization and fragmentation of the legislative process that advanced special interests and defeated the collective will of popular majorities that parties should represent. The conclusion of Congressional Government calls for more party control of Congress to connect it to public opinion. But as Wilson describes Congress, committees define it's politics, not disciplined parties. Capitol Hill reflects an ebb and flow and committee and party control, but the cycles of committee power are longer than those of party dominance. The House of Representatives Speaker isn't that powerful. The leaders of the House are the chairmen of the principal standing committees. The privileges of the Standing Committees are the beginning and the end of the rules. Disintegration. The House virtually both deliberates and legislations in small sections. As a rule, a bill committed is a bill doomed. Committees dictate the course to be taken, prescribing the decisions of the House not only, but measuring out, according to their own wills its opportunities for debate and deliberation as well. Congress is session is a public exhibition; Congress in its committees is Congress at work.
Mayhew: Congress the Electoral Connection
reelection is the overriding objective of members of congress, (1) Advertising: creating favorable name-recognition in messages having little to do with issues. (2) Credit claiming: taking credit for causing the government to do something that constituents like. This is done by generating "particularized benefits", usually through casework or porkbarreling. (3) Position taking: taking a stand on an issue. While the best or safest form of position taking is usually to go with what has worked in the past, a member facing a strong challenge may choose to be innovative.
Fenno: Homestyle and Washington Career
Members of Congress need to be attentive both to their constituents and to politics in Washington. Fenno notes two potentially competing orientations for members:(1) "Home style": a focus on constituents, directing the member's attention to the local district or state. Here, the member is concerned with the reelection incentive. (2) Washington orientation: directs the member's attention to Congress and to the governmental activities centered in Washington. Here, the member is more concerned with the power and good public policy incentives. (These incentives are discussed in Selection 53, also by Fenno.) Fenno and the Congressional Career:1. Early in their careers, members tend to be more concerned with reelection than with the other two incentives.2. Over time (usually only after several terms), members want to shift their attention from merely getting reelected to power in the body and to good public policy.3. A tension often develops between these orientations and incentives. As constituent demands and legislative activities both increase, it is increasingly difficult to do both at the same time.
Hamilton: Federalist 70
Argument for vigorous and energetic executive Hamilton's Reasoning: 1. Competent powers are necessary so that the executive does not become powerless or controlled by the legislature 2. Argument for unified, single executive ability to make quick decisions (balances slow/deliberative legislature), secrecy, a plural executive would diminish respectability and accountability plural executive conceals faults, Government is viewed in positive terms by Hamilton: this contrasts Madison's more negative outlook (compare the design of the Congress)
Neustadt: Presidential Power
President as a clerk, Neustadt: Presidential Power: President as clerk (contrasts Rossiter's President-as-king) 1. President's strength depends on his/her capacity to influence the conduct of people in government: persuasion -- Power is the President's bargaining influence, not prerogative/leadership 2. "The same conditions that promote [the President's] leadership in form preclude a guarantee of leadership in fact." -- This is because the President's support is useful and necessary; his/her leadership is not. 3. Many sources make demands on President: 1) Executive branch: it needs decisions, political protection, and a referee for fights within the branch 2) Congress: they need an agenda, so they look to the President 3) Parties need a record: they point to the President 4) People need a focus for their views about government: they look to the President 5) Foreign nations need a focus for American decisions and policies: they look to Washington, and Washington is symbolized by the President 4. The reason that there are demands on the President from so many sources, yet these sources need not follow the President's lead, is because other actors have their own points of view and obligations.
Barber: The Presidential Character
Psychological framework for categorizing and predicting presidential behavior Barber's Reasoning: 1. Personality shapes performance -- Character: the way the President orients self towards life -- the key is self-esteem -- World View: primary, politically relevant beliefs about human nature, social causality, etc. -- Style: Habitual way of performing the president's three roles: rhetoric, personal relations, and homework 2. Presidential character develops in childhood and adolescence 3. President's relationship to the political configuration is what makes the system tick. President must offer: reassurance, a sense of progress and action, and a sense of legitimacy Barber's Categorization of Presidential Types: Four categories of Presidents, based on combinations of four factors: Active-Passive: whether the President is active or not Positive-Negative: whether or not the President seems to enjoy his/her political life Active-Positive: Jefferson, Theodore Roosevelt, FDR, JFK Active-Negative: John Adams, Woodrow Wilson, LBJ, Nixon Passive-Positive: James Madison Passive-Negative: Washington, Eisenhower, Coolidge
Marbury v Madison
Judicial Review + Judicial Independence, decided they couldn't arbitrating between two branches of government , but later on they do it all the time. But just by taking the case between president and municipal judge, it set up the right to intervene between branches of gov. Judicial Review: Power of court to rule on the constitutionality of state and federal laws and executive action
Brennan: How the Supreme Court Arrives at decisions
Brennan wants to convey a sense of the seriousness with which the Justices take their duty "to decide according to law." 1. Brennan contends that the Court is not charged with making social, political, economic and philosophical decisions. These decisions, Brennan says, if they are to be made at all, are for the "people's elected representatives." "The Justices are charged with deciding according to law." 2. Brennan suggests that the intent of the framers was to speak in general terms amenable to flexible interpretation by future generations
Plessy v Ferguson
In Plessy v. Ferguson (1896), even state-sponsored discrimination was found to be constitutional. a. The Court said that the states could require separation of the races if they provided equal facilities for the races. b. This separate but equal doctrine provided the legal foundation for Jim Crow segregation in the South (the system of legal racial segregation that existed in the American South until the middle of the twentieth century).
Brown v Board of Education
In Plessy v. Ferguson (1896), the Supreme Court endorsed the doctrine of "equal but separate," which came to be called "separate but equal." Plessey involved a Louisiana state law requiring blacks and whites to have separate accommodations on passenger trains. The Court, generally supporting Jim Crow laws, held that "equal protection of the laws" in the Fourteenth Amendment did not prevent a state from requiring "separation" of the races as long as accommodations were equal. 1 In Brown, The Court holds that "separate but equal is inherently unequal." 2 The Court highlights the modern importance of public education for economic mobility and political citizenship, and indicates that separation itself imparts a badge of inferiority. 1 Brown overrules Plessey's "separate but equal" doctrine. 2 In the context of public education, states may not by law provide that white and black children must attend separate schools, even if the schools have equal resources and facilities. "Equal protection of the laws" (or, more broadly, "equality") now means something different than it did in Plessey.
Griswold v Connecticut
the Court held that there was a right to "privacy" implied in the First, Fourth, and Ninth Amendments to the Constitution. This right prevented the State of Connecticut from prohibiting the sale of contraceptives. The Court held that a married couple could not be prevented from obtaining contraceptives.
Roe v Wade
1 In Roe, the Texas law at issue made it illegal to procure an abortion, except if this was necessary in order to save the life of the mother. 2 The Court, in a 6 to 3 decision, strikes down the Texas statute and establishes a "trimester" analysis as constitutionally required. The Court's Reasoning: 1 The Court's decision relies on the due process clause of the Fourteenth Amendment ("liberty") to find a "right to privacy". This is different from Griswold, which relied on the penumbra argument (that a "right to privacy" could be derived from various parts of the Bill of Rights). 2 The trimester system: (1) During the first trimester, a woman (in consultation with her doctor), has freedom to choose whether to terminate her pregnancy. (2) During the second trimester, the state has an interest in the health of the mother. The state may regulate, but not prohibit, abortion (the state may speak to where, when and how abortions may be performed, but not to whether or not one may be performed). (3) The state has a "compelling interest" in the life of the fetus at the "point of viability"-- the point at which the fetus/child could live on its own. In Roe, Blackmun wrote that the point of viability is about 24 weeks, or the third trimester. The state may prohibit abortions, unless necessary to save life of the mother, during the third trimester.
Madison Federalist 63
senate should reflect the national character and all foreign affairs throughout the world, responsibility has llong and short term effects, all the points that he makes show the necessity for a senate because it defends people from their own arrogance
Courts are not democratic
Not protecting popular will, detract from sov because: Few countries where a court system can determine something constitution (taking away sovergnity of the people) Judges can't be replaced (take away sovergnity and liberty) Statutory decisions and law needs to be reflected of popular opinion (it's not because SC decided abortion, guns, etc)
Courts are democratic
protect liberty of minorities: We need somebody to protect the Constittuion, the only way to protect the rights of minorities is by having a court who is insulated and separate, it allows more political equality -9 experts who can help us think through complex disputes arbitrate through president and congress