Poli Sci Notes #2
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Oct 30, 2023
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Articles of Confederation (1777)
●
Individual states were initially wary of a strong central government
○
This was true even as the revolutionary war (1775-83) continued after the July 4,
1776 Declaration of independence
●
The second continental congress adopted a week “articles of confederation” in
November 1777
○
Though official passage would not even come until Maryland passed it in 1781
due to border disputes with Virginia
●
The articles proved to make governing and conducting the war difficult
○
Lacked a national executive or judicial branch to enforce laws
○
Even congress could not impose federal taxes or regulate commerce
domestically and internationally
●
Problems led to the article's replacement by the current US constitution in 1789
Federalist No. 10 (1787)
●
Seeking to have the newly drafted US constitution approved by the 13 colonies,
alexander hamilton, James Madison, and John Tay published a series of articles (85 in
all) explaining the logic of the constitution
●
In Federalist No. 10, James madison was concerned about preventing the possibility the
“violence of faction” could break the new country apart
○
People have prosperity to “fall into mutual animosities” even based on “frivolous
and fanciful distinctions”
■
In particular, social differences in terms of wealth (such as whether one is
a creditor or debtor), sources of wealth, or religion can lead individuals to
ally with others in a similar position
●
Factions can be in the majority or the minority
○
Minority factions can be controlled by “republican principles” of majority rule
■
But if private interests are able to organize a majority faction, it might
disregard the public good, the right of others, and the rules of justice
(“tyranny of the majority”)
●
Trying to eliminate factionalism is itself dangerous
○
One way to avoid factionalism by taking over the freedom to organize factions
■
This involves eliminating factions through pure repression and is worse
than the disease
○
A second way might be by making society uniform, which madison sees as
impractical
■
In particular, he is concerned with threats to property rights
■
He argues that inequality of wealth drives people to succeed and
protecting their diversity of talents should be the “first object of
government”
●
Rather than eliminating factionalism, it is better to control its effects
○
This can be done through a “republic”
■
Which defines as a sizable representative democracy, no longer a
monarchy
●
Minimizing the impact of factionalism requires avoiding direct democracy
○
Representatives who are chosen by the public are more likely to have to appeal
to the common good
■
Private citizens are more likely to act for selfish motives
●
Larger democracies are also a way to minimize the problems of factionalism
○
Larger countries are more likely to be able to find more fit leadership
■
They are less likely to show local prejudice
■
They are less likely to engage in corrupt practices
○
The greater the number of constituents each representative has, the more likely
there are to be multiple competing factions
●
But larger democracies can have the downside of producing representatives with so
many constituents they are insufficiently aware of local circumstances
○
The existence of state and local legislatures under the constitution helps address
this problem
■
Produces a combination of large and small representative districts
○
Faction at a state level may produce negative policies, but these measures are
unlikely to spread
■
Examples of such negative policies for madison include paper money,
abolition of debts, and equal division of property
Questions raised by Federalist No. 10
●
In what ways does Madison try to limit direct democracy
○
Are these limits necessary?
■
Is direct democracy really more rifle with factionalism?
■
Is Madison focused too much on preserving the power of the position of
wealthy property owners, for example?
●
Do you agree that the size of a nation reduces factionalism?
○
Why does Nigeria, the world's seventh-largest country, face factionalism?
●
Has representative democracy avoided factionalism
○
Have factions been avoided?
■
Did the rise of political parties make Federalist 10 moot?
■
Would things be worse in direct democracy?
●
Has modern society/technology changed the validity of some of the main points of
Federalist 10?
Federalist No. 51 (1788)
●
James Madison argues for a system of separation of powers in order to preserve liberty
○
Several independent “departments” are to be created by the constitution
■
House
■
Senate
■
Presidency
■
Judiciary
○
Each department will keep the others in their proper places
■
Providing “checks and balances”
●
Each branch of government keeps track of the other, so one
doesn’t have more power than the other or abuse their power
●
Each department is to have a “will of its own”
○
Appointments to each branch are kept separately from the other branches
■
The exception is the judiciary due to the need to ensure high levels of
qualification for it and its lifetime tenure
●
To avoid a concentration of power in one branch, “ambition must be made to counteract
ambition”
○
Each branch will be motivated to guard its own power from encroachment from
the others
■
They will act as a “sentinel over the public rights”
○
This utilizes personal motives to maintain a balance of power, rather than relying
on virtue and concern for the common good of the officeholders
■
“If men were angels, no government would be necessary. If angels were
to govern men, neither external nor internal controls on government would
be necessary”
○
Dependence on the people is still the primary way of holding officeholders
accountable in a republic, but there needs to be “auxiliary precautions”
●
Madison assumes that the legislative branch will be the one that would necessarily
predominate and thereby need additional checks
○
Republican government was seen as giving authority primarily to the legislature
○
In order to keep the legislature in check, it was divided into a house of
representatives and a senate with each body elected in separate ways and with
little interconnection
■
Note that until the 17th amendment (1913) senators were selected by the
state legislatures
●
To balance out the weakness of the executive branch, the president was given the power
to veto
○
Though even this could be overridden by a ⅔ vote of the house and senate to
avoid the veto power from being abused
●
An additional division of power is between the federal and state governments
○
Giving “double security” for the “rights of the people”
Questions raised by federalist No. 51:
●
What are the downsides of checks and balances
○
Is “gridlock” an inevitable cost?
○
Is “gridlock” undemocratic?
■
Or is making it hard to pass legislation an advantage?
●
Have the institutions functioned the way they had hoped?
○
Have there been effective legislative checks on the presidency
■
Perhaps also an effect of the rise of partisanship
●
Why has the power of the presidency grown more than madison assumed it would?
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○
Is this a modern necessity?
Counter-majoritarianism in the constitution
●
Concerns over “tyranny of the Majority” has meant that the US constitution, like virtually
every constitution, includes a number of the “counter-majority” provisions:
●
A bill of rights
○
Defining areas neither the federal nor (since the 14th amendment) state
governments are allowed to legislate over
●
An unelected supreme court with lifetime appointments
○
Intended to keep judicial decisions independent from popular passions of the
moment
●
Federalism
○
The power of the central government to legislate nationally is curtailed by the
devolution of power to the 50 states, with the federal government mainly
controlling foreign relations, national defense, and interstate commerce
■
Though the interstate class is often broadly interpreted and federal funds
can be used to incentive states to follow national policies
○
In contrast, centralized governments are generally known as unitary states
●
Composition of the senate
○
Each state has the same number of representatives
■
So Wyoming has 290,000 people per senator; California has 19 million
●
electoral college
○
The presidency is determined by electors selected on a state-by-state basis; with
the number of electors determined by the number of senators and
representatives a state has
■
Also, this tends to be done in a winner take all manner, except in Maine
and Nebraska
●
Difficulty in passing constitutional amendments
○
Requires ⅔ vote of the house and senate to propose (proposals, in theory, can
also come through a convention convened by ⅔ of states) and ¾ of states to
ratify through their legislatures
■
This has been done only 17 times since the passage of the bill of rights in
1791
●
The filibuster, which often means a 60 votes supermajority is needed in the 100 member
senate to pass certain types of legislation, is not part of the constitution, but rather
senate by-laws
Questions regarding counter-majoritarianism
●
When is it necessary and justified to preserve the rights of groups not in the majority?
●
Can it be justified as simply a means of ensuring some types of legislation has broad
support?
○
If so, under what conditions?
●
Can it be justified as simply a means of slowing down the legislative process to ensure
that measures are well considered?
○
Again under what conditions
●
When does counter-majoritarianism cross a line and simply be anti-majoritarian that is
anti-democratic?
○
How do you know when the line has been crossed?
○
Do you think the line has been crossed in the US at all, or are the measures?
Questions regarding nation-state formation in the US
●
At what point in its history can the US be considered to have become a nation-state?
○
Independence (1776)?
○
Adoption of the US constitution (1797)?
○
After the Civil War (1865)
○
Sometime later?
●
What factors allowed the US to become a nation-state?
○
Anti-colonial struggle?
○
Internal warfare?
○
Expansion of a central government?
○
Public education?
○
Other factors/events?
American Nationalism:
●
Nationalism in the United States is often described as a form of civic nationalism
○
Civic nationalism defines national identity in terms of its ideals, especially in
terms of democracy, freedom, human rights, equality, or economic opportunities
●
Other ideas of national identity that can be found in the US include…
○
Cultural nationalism which argues for a shared national culture
○
Ethnic or religious nationalism, or nativism, links American identity to a particular
ethnic or religious group, especially those associated with early European settlers
in the country
Presidential systems:
●
Head of the executive branch (usually a “President”) directly elected by the voting public
○
They serve both as a head of government (having administrative power) and as a
head of state (symbolically representing the nation)
●
President elected for a fixed-length term (usually 4-6 years), with a vice president or
other designated official serving out the rest of the term should the president be unable
to
○
The main difference between presidential systems is term lengths and any limits
on the election (which are fairly common)
●
There is a strong separation between the executive and the legislative branch (usually
known as a “congress”)
Parliamentary Systems: (easier to pass legislation)
●
The Head of the executive branch (usually a “Prime Minister”) is elected indirectly by the
legislature (usually known as a “parliament”)
○
The public elects their local member of parliament(MP), rather than the prime
minister(PM)
●
PMs serve only as the head of government, not the head of state
■
The symbolic head of state is usually either a monarch or an “elected”
president with little or no administrative power
●
Cabinet members are normally selected by a prime minister from among the current
members of parliament
○
The head of the largest minority is normally designated “The leader of opposition”
and appoints a “Shadow Cabinet”
■
MPs are neither in the cabinet nor shadow cabinet and are called
“backbenchers”
●
Terms of the PMs can be cut short if they fail to maintain the support of a majority of
parliament as indicated through a “Confidence Motion”
○
The opposition can (for a constitutionally limited number of times a year) propose
a “vote of no confidence” and the PM and cabinet are expected to resign and call
new elections if they lose
○
The PM might also make a particularly critical bill a “vote of no confidence”m
forcing new elections should it not pass
○
The governing party may also have an internal “vote of no confidence” to change
their party leader, thereby replacing the Prime minister with the new head of that
party
●
In multiparty parliamentary systems, formal coalitions between parties to elect a PM are
often formed after the election
○
If a party leader gets the most votes, but it is short of a majority, he or she is
given a chance to entice other parties to join a “coalition government” by
promising them seats in the cabinet and the passage of legislation they support
●
If can't get a supermajority, then reelection
●
Lowerhouse selects prime minister (more powerful, selects cabinet)
Presidentialism vs. Parliamentarianism:
●
The presidential relationship voters elect the legislature and the chief executive who is
part of the executive branch
○
Legislature and executive are independent and coequal
●
Parliamentary relationship voters elect the legislature
○
Chief executive is drawn from the legislature
Structure of British Government:
●
Government of the united kingdom operates on the basis of an unwritten constitution
based on well-established traditions of governance
●
King or Queen of England
○
UK is a constitutional monarchy in which the current King Charles III is the
symbolic “head of state”
■
As opposed to the prime minister who is the “head of government” and
has the real power
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●
Prime Minister
○
Head of government
○
Elected by a majority of the house of commons, although technically appointed
by the monarch upon recommendation of parliament
○
New elections every 5 years, but can come early by a ⅔ vote of parliament
■
Until the fixed-term parliament act of 2011, the PM needed to retain
majority support and could also call early elections to take advantage of
partys popularity
●
Cabinet
○
Selected by prime minister, traditionally from among the members of parliament
Legislative branch: Parliament
●
Lover house: house of commons
○
Votes for house of commons are based on plurality (“first past the post”) in 650
districts
○
Has been the main legislative body since the parliament act 1911
○
Elects prime ministers by majority vote
●
Upper house: house of lords
○
An unelected, body currently with 798 members who traditionally can delay
legislation, but not block it
○
Membership was previously dominated by aristocratic “hereditary peers” who
inherited their position based on birth, but all of 92 of these were expelled by
reforms in 1999
■
Most members are now life peers appointed by the monarch on advice of
the prime minister of the house of lords appointments commissions, while
another 26 are bishops of the church of england
Judicial Branch: Supreme Court of the UK
●
Established in 2009
○
Replaced the lords of appeal in ordinary (Law Lords) a subset of the house of
lords that acted as a final courts of appeals
●
Consists of 12 justices appointed
○
Life appointments, although with mandatory retirement at the age of 70 or 75
depending on date of appointment
●
Has only limited power of judicial review, and cannot overturn acts of parliament
Local Government
●
The UK has strengthened the autonomy of regions outside of england by creating local
governing bodies since 1998
○
Scottish parliament
○
Northern ireland assembly
○
National assembly for wales
●
England does not have a separate parliament (though it has been discussed as a future
possibility) but rather a series of regional assemblies
UK Politicall Parties:
●
Conservative party
○
Center-right party of current prime minister boris johnson
○
Officially the conservative and the unionist party, it is also known as the tory party
and it traces its roots back to 1678
●
Labour Party
○
A center left party that is the nations second largest
○
Founded in 1900, emerging from the organized labor movement as a social
democratic alternative to the liberal party
●
Liberal democrats
○
Formed as a center to center left force from the merger of the liberal party and
social democratic party in 1988 it has occasionally played a “kingmaker” role in
giving one of the 2 larger parties a majority
●
Other parties
○
Eurosceptic, right wing populist UK Independence party formed in 1993, and won
its first parliamentary seat in 2015, though it has recently been eclipsed by a
brexit party formed in 2019 by former UKIP leader nigel Farage
Presidential vs. Parliamentary systems:
●
Presidential systems are usually said to have a stronger separation of powers between
the executive and legislative branches
○
Both prime ministers and cabinet members remain part of the legislature in
parliamentary systems
○
Unlike presidential systems, there are usually no term limits for a prime minister
either
■
They stay in the office for as long as they can command a majority
●
But there are some important checks on the PM’s powers
○
They can be voted out at any time by parliament for any reason
■
This can be done quickly and easily in contrast to the extended and
difficult presidential impeachment process
●
Pms are frequently required to address parliament directly, answering questions and
engaging in debate
○
Presidents usually address congress only through occasional formal speeches
such as the “state of union” address
●
Parliamentary systems are much less likely to suffer “gridlock”
○
PMs always have to maintain a majority whereas presidents offer must work with
an opposition-led congress
■
PMs can also call votes of confidence, forcing coalition members to face
new elections if the PM loses
●
Presidential systems focus more on individuals, while parliamentary systems focus more
on parties and platforms
○
Presidential elections are often centered on contrasting the personalities of the
canditates rather than issues in the party platform
■
Measures contained in party platforms are often blocked in congress, or
even ignored by the new president
○
Parliamentary elections tend to focus more on parties and issues
■
The “manifesto” (party platform) very likely to be fully passed if that party
gains a majority
●
Prime ministers tend to be long time career political figures
○
The prime minister is usally the person who officially headed the party that got
the most votes in the election, often since years beforehand
■
To become the head of the party, the PMs usually have to slowly work
their way up through cabinet positions
■
Presidential candidates instead can be “outsiders” and generally only
become the mostly symbolic heads of their political party once they are
elected to the office
○
This difference also explains why election periods are usually much shorter in
parliamentary systems, sometime only lasting a month or 2
■
Not only is an incumben PM known, but the opposition leader and even
the incoming cabinet should the opposition win is largely known, since
they have been operating as the “shadow cabinet”
●
Juan Linz argues that presidential systems are inherently less stable than parliamentary
systems
○
Few long established democracies have presidential systems
■
With the US a rare exception
●
Presidential systems inherently have competing legitimacy claims
○
Both the president and legislature can claim to represent the people
■
This is a latent tension can at time erupt into a crisis
○
The president may alco become intolerant of opposition, claiming to be the only
one representing the entire nation
■
Especially in the absence of a monarch or other separate head of state
●
Presidential fixed terms can lead to rigidity
○
It can take years to remove a president who does poorly early on, since unlike
confidence motions, impeachment requires criminal charges and a difficult to get
super majoirty
●
Presidentialism more of a “winner-takes-all” system than parliamentarianism
○
Only one party can hold the presidency, where as parliamentary systems can
produce a coalition government
●
Outsiders are more likely to win
○
Leading to the possible rise of anti-democratic populists
●
Scott Mainwaring and Matthew Shugart(1997) argue against LInz’s pessimism regarding
presidential democracies
○
Systems give voters greater candidate choice while ensuring accountability
○
The higher observed rate of the longevity of parliamentary systems maybe
because the are concentrated in Europe
●
Conflicting claims to legitimacy can also be seen in parliamentary systems
○
As with upper and lower houses of parliament or with the heads of state
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●
Parliaments often do not cut short the terms of unpopular leaders
○
A single party parliamentary majority will resists early elections unless they
believe the timing is favoranle for themselves
●
Scott Mainwaring and Matthew Shugart:
●
Presidentialism is not necessarily more “winner-takes-all”
○
Many parliaments are elected by plurality which give a party a majority of seats
even with less than a majority votes
○
Congressional independence meanwhile can encourage coalition building
between parties in legislature
●
The type of presidential systems is important in terms of stability
○
Shorter terms (such as 4 years rather than six) reduces the problems of fixed
terms making it hard to remove an unpopular incumbent
○
The president should have limited legislative power
■
Particularly, he or she should not have strong decree-making powers
○
Political parties should be fewer in number and more disciplined
○
Makes it more harder if trying to pass legislation through a 2 party system
■
Example: Trump and Biden
○
Reducing “gridlock”, which can be harmful when terms are longer
Questions regarding Ecexutive Systems:
●
Is the greater focus on personal characteristics in a presidential campaign an advantage
or a disadvantage?
○
Is there not enough of a focus on issues under presidential systems?
●
How do checks and balances work within a parliamentary system?
○
Is the relative lack of separation of the branches an advantage or disadvantage
●
Do you see presidential systems as more likely to become unstable, as Linz suggests?
○
Is the US an exception to this rule? Why or why Not?
○
Can presidential systems be made more stable, as Mainwaring and Shugart
suggest
●
What other advantages and disadvantages of presidential systems do you see
○
What about parliament?
Electoral systems:
●
Single Member District Systems
○
Candidates run as individuals, with one winner per race (“single-member
districts” or single member constituencies”)
○
Under “Plurality” systems, in each district, the candidate with the most votes wins
(aka “first past the post”)
■
Plurality: whoever gets the most votes
■
Under a variation known as the “double ballot” or majoritarianism) there
can be a “runoff” election between the top two contenders from the first
round, such as when no candidate gets a majority
●
Runoff: somebody gets a majority
●
Proportional Representation (PR) systems
○
Parties are allocated a number of seats according to the percentage of the vote
in a multi-member district
■
E.g., a party with 20% of the vote would win 20 seats of a 100 member
district
○
Candidates run as part of a party list
■
Under “closed list” systems that public votes only for parties, not individual
candidates, and the party decides the rank order of candidates on the list
■
Under “open list” systems, voters determines the rank order of canditates,
rather than the party
○
PR tends toward multi-party systems, since small parties can still win seats in the
legislature
○
Gerrymandering and unequal districts are usually avoided
■
Gerrymandering: if you are doing single member distinct, you have to
draw the district lines, you can draw them where your party will be more
powerful than the others, so you get majority rule, increase the efficiency
of ours so our votes get seats and there’s are wasted
○
Unlike SMD systems, PR systems do not give constituents a single, clear local
representative
○
PR systems vary according to district size (number of seats elected in a particular
district)
■
Bigger Districts in theory allow smaller parties to win seats (e.g in a 10
member district parties need 10% of the vote per seat, in a 100-member
district, they only need 1%)
○
PR systems can also have a “barrier clause” setting a minimum vote percentage
needed to win a seat
■
Usually set between 2% and 10%, the measure seeks to discourage very
small parties
●
Ranked-choice (aka preferential voting, Instant runoff, or Irish ballot)
○
Less common are voting systems that have citizens rank order individual
candidates (marking them as 1, 2, 3, etc. in order of preference) with votes
transferring accordingly as candidates with the lowest vote totals are eliminated
■
If used for a single member districts it is known as alternative vote or
instant-runoff vote system
■
If used for multi-member districts it is known as single transferable vote
system
●
Mixed member segmented systems
○
Many systems combine single member districts and proportional representation
■
If the same legislative body has some members elected by single
member districts and some by PR then it is a “mixed Member” body
■
If different bodies are elected different ways (e.g. the upper chamber by
plurality and the lower chamber by PR) it is a “Segmented system”
“Duverger’s Law”:
●
Maurice Duverger (1946/1972) argues that the number of political parties tends to refelct
a countrys eelctoral laws
●
Plurality voting (without runoffs) tend to produce a 2 party system
○
Weaker third parties are eliminated over time
■
They are greatly underrepresented in comparison to their vote share (note
that even second place finishers are underrepresented, though not as
dramatically)
■
They also face polarization as voters abandon the third party to embrace
one of the two stronger parties
●
proportional representation favors multi-party systems
○
Since every minority is ensured representation, they are able to form splinter
parties without any electoral penalty
■
There is no mechanism to encourage parties to unite
●
Plurality systems with runoffs (double ballots) lead to multi-party coalitions
○
Multiple parties run on the first round of voting
■
Afterwards they are forced to coalesce around the most like-minded
candidate in the runoff
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