Day 12: Solutions: Powers

Daniel J. Mallinson

Political ScienceStockton University

Daniel.Mallinson@stockton.edu

POLS 2190

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Road map

Finish discussing rights

Discuss powers as a policy change

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Solutions

Incentives

Rules

Facts

Rights

Powers

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How are rights claimed?

1 Official statement of the right

2 Establishment of a grievance process

3 Selection of a remedy and enforcement

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Official statement

Modes:

Statutory law

Administrative law

Common law

Constitutional amendment

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Grievance adjudication

Litigation in the courts andbureaucracy

Two sides and a “neutral”third party

“Judges are like umpires. Umpires don’t make the rules, they applythem. ... And I will remember that it’s my job to call balls andstrikes and not to pitch or bat.” (John Roberts)

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Remedy and Enforcement

Responsibility of rights-holder to claim harm

Needs backing by threat of force

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The Basis for Legal Rights

Normative

Claims need moral weight

Sociological

Right justified by moralchange

Political

Power and resource disparitiesbetween the sides

“Repeat players” vs.“One-shotters”

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Do Rights Work?

Rights are about playing the long-game. May not appearto work right away, but can have profound change onsociety.

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Powers

Working Definition

Policy about the structure of decision-making institutions

Two Components

1 Authority to act

2 Capacity to act

Changing institutions changes the balance of power indecision-making

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5 Strategies

1 Changing membership

2 Changing leadership requirements

3 Centralizing or decentralizing authority

4 Changing mechanisms of accountability

5 Shifting authority to the private sector

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Membership

What happens when membership changes? How doespower shift?

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Leadership Requirements

Discussion: Who is qualified to be President of the UnitedStates?

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Centralization of Authority

Welfare reform: State or federal program?

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Mechanisms of Accountability

Paradox: Election rules decided by elected officials

How do we change election rules to ensureaccountability?

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Privatization

How does contracting out a government service alter thedistribution of power? Pros and Cons?

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Key Point

Proposals to alter government institutions often cite thegoal of efficiency. Altering institutions, however, alsoalters the distribution of political power.

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