POS/PUB 140 Lecture

1/31/08

The Constitution

Features of the System

Policy in a historical context

Philosophical Background

Influence of David Hume and John Locke

Arguments in the Federalist Papers

Madison (1787): human nature of individuals to form groups on common interests

Proposed a “fragmented system”: horizontally and vertically

Jefferson: more power to the States

The early concern/debate on what type of government we should have

How might this strong vs. weak central government debate influence public policy?

"The government which governs least, governs best”

Thomas Jefferson

Issues/problems with the Articles of Confederation?

Three branches of government

Supposedly co-equal

Create what we know as “checks and balances” via a “separation of powers”

Table 2.3 Congress President Courts Legislative Make Laws Recommend

laws; veto laws; make regulations

Review laws to determine legislative intent; interpretations of law = law making

Executive Override vetoes

Enforce and implement laws

Review executive acts; restrain executive acts (injunction)

Judicial Impeach judges and president; call witnesses in hearings

Pardon criminals; nominate judges

Interpret laws

Collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

To borrow money on the credit of the United States

To regulate Commerce To provide and maintain a Navy To make all Laws which shall be

necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Example #1: Congress power to impeach A judicial activityHow often does this happen? Why?

Example #2: Presidential VetoA legislative activityWhich presidents have the most vetoes?What can Congress do in response?

Example #3: Supreme Court reviews legislative intentWhat was a famous case for judicial review? http://en.wikipedia.org/wiki/Marbury_v._Madison

In terms of the structure of our government, what does federalism mean?

What do the states do that the feds don’t? What do the feds do that the states don’t? What do both do?

CorrectionsElementary educationEnvironmentLiquor / drinkingPolice (L)WelfareSanitation (L)Speed LimitsElections

DefenseEnvironmentPostal ServiceSpaceAir Traffic / Port AuthorityHealth Care – elderly and

youngIntelligenceCitizenship / INSElectionsSocial Security

Federal

NYS Health Department did not reapply for federal funding under Title V, due to “rigid federal standards.”

The state would receive $3.2 million under the program

“You can’t teach contraception other than to talk about its failure rates, you must assert … the only acceptable sexual union is between a husband and wife in monogamy and sex outside of that is harmful, psychologically and physically.” Joann Smith, Family Planning Advocates

Different Types of Intergovernmental GrantsCategorical GrantsMatching GrantsBlock Grants http://www.census.gov/govs/estimate/03sl00us.html

Example of a failed experiment in NYState Automated Child Welfare Information System

(SACWIS) http://www.gcn.com/state/vol7_no6/news/1073-1.html

Are all states the same?Political Commitment Administrative Capacity

Ideological stability

Political stability

Policy stability

Stability in power