The US Constitution designed a governing system with “separation of powers” and “checks and balances.” While these features help guard against tyranny, they also make it hard for the government to get things done. In this essay, we want you to analyze various factors that explain why it is so hard to pass new laws in Washington today. In your essay, be sure to discuss… a) Congress, b) the Federal Budget, c) Interest Groups, and d) Public Opinion.
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You may draw from the lectures, discussions, readings, and modules. However, remember it is easy to blurt out pieces of information. What shows real insight is demonstrating analytical thinking in a thoughtful, organized, and well-written essay.
Plagiarism is representing someone else’s ideas, words, statements or other works as your own without proper acknowledgment. While you do not need to follow a formal citation format for this essay, I do expect you to work independently without help from anyone else – friends, family, whomever.
Format: No more than 2 pages (double-spaced, 12 point type, 1 in. margins)
What Shapes Media Coverage?
Journalists and Publishers
Select Issues for coverage
Interpret issues for public consumption
Politicians and Interest Activists
Compete for political attention
Attempt to influence agenda and interpretation of events
Condense political statements for maximum media effect
Consumers
Media targets upscale wealthier information consumers
Shapes coverage by targeting upper income issues
Under-coverage of labor, religion, and other large groups
Mass Media Practices
Important Media Norms and Values
Objectivity and Fairness
Profitability
Increasing Market Share
Efficiency
Effects on the News
Heavy reliance on official sources
“Two Sided” arguments
Ex: Global warming goverage
“Pack Journalism”
Sensationalism
Coverage of what captures attention and sells
Scandals, conflicts and crimes
Two Sided Coverage: Climate Change
In spite of growing consensus in the scientific community that global warming is caused by man, reporters tend to cover global warming as a two sided issue.
In a thorough analysis of 636 articles, UCSC scientists found that:
• 52.7 percent gave “roughly equal attention” to the views that humans contribute to global warming and that climate change is exclusively the result of natural fluctuations.
• 35.3 percent emphasized the role of humans while presenting both sides of the debate.
• 6.2 percent emphasized the dubious nature of the claim that anthropogenic global warming exists.
• 5.8 percent contained exclusive coverage of human contributions to Earth’s temperature increases.
Media Bias?
Liberal Bias?
National media favors progressive positions
NYT, NPR, Washington Post
Journalists and bureau chiefs are overwhelmingly liberal in preferences
Select and interpret stories with a liberal bent, presenting information that favors liberal positions.
Example: Media coverage of Trump Administration.
Conservative Bias?
Local news tend to be more conservative than national media
Business control of media (post consolidation) leads to pro-business bias.
National conservative pushback against perception of liberal bias
Fox News, WSJ, Limbaugh
Alternative Media and Bias on Steroids?
Trump impact on perceptions of the media.
*
Sensational Bias
As a business, Media is driven by considerations of profitability.
Coverage tends towards sensational rather than purely informational
Issue selection favors conflict, sensational, and lurid issues
Scandal Coverage
Crime and Punishment
Impact: Negative perceptions of government
Heightened concern over public safety and fear.
Sensational Campaign Coverage
Horse Race Coverage
Politics is conveyed as a game of winners and losers rather than a serious debate over ideas and issues
Campaign strategies, tactics, victories and blinders are the focus of coverage
Early primary victories build “momentum”
Coverage of Iowa and New Hampshire is far out of line with their delegate share.
States are in competition to move primaries and caucuses earlier in the season to influence election.
Campaign Coverage Still Focuses On ‘Horse Race,’ Says Study
A new report from Harvard Kennedy School’s Shorenstein Center on Media, Politics and Public Policy analyzes news coverage during the 2016 general election, and concludes that both Hillary Clinton and Donald Trump received coverage that was overwhelmingly negative in tone and extremely light on policy.
Horserace coverage today
How the Media shapes Public Opinion
Agenda Setting: Media attention to a problem means the public will focus on the problem and identify it as more important.
Priming: Media attention to an issue causes opinions on that issue to carry greater weight or influence in political considerations
Presidential election coverage
Candidate evaluations
Coverage of Trump economic performance leads voters to assess other decisions from an economic perceptions.
Framing: the content of the story shapes our perceptions, judgments, and opinions
Immigration as a labor issue, a security issue, a human rights issue, etc.
The Media and Agenda Setting.
Priming
Selected information provided by elites or media shapes the ways voters are likely to evaluate a candidate or a problem.
Individuals are “primed,” or prepared to evaluate a problem or event in a certain way.
Example: Immigration Criminal Justice Policy Debates
Media framing
Coverage of events tend to interpret information in a specific way, shaping public opinion.
Tobacco consumption as a matter of personal choice
Tobacco Consumption as a health risk to smoker
Tobacco consumption as a individual right.
Issue Framing
Individual preferences are shaped by the way issues are presented to them.
Framing is the process by which potentially relevant considerations are made available and influence how an individual thinks about an issue.
Issue framing occurs when elites/media selectively call attention to specific characteristics of an issue.
Highlighting these characteristics or considerations cause individuals to endorse or oppose a specific policy or opinion.
Examples. The Immigration Debate
Time Magazine Poll: March 29-30 Survey
Two different approaches have been suggested to deal with illegal immigrants. Please tell me which comes closest to your views:
Statement A: Make illegal immigration a crime and not allow anyone who entered the country illegally to work or stay in the United States under any circumstances.
Statement B: Allow illegal immigrants to get temporary work visas so the government can track them and allow them, to earn permanent residence after six years if they learn English, pay a fine, pay back any taxes, and have no criminal record.
Statement A: Illegal immigration is a crime–25%
Statemet B: Allow some immigrants to stay—72%
NBC News/Wall Street Journal Survey (March 2006)
In addition to improving security at our borders, Congress is considering a proposal that would impose a monetary fine on foreigners who are currently in the United States illegally and then grant them legal, temporary-worker status. Which of the following statements do you agree with more?
Statement A: We SHOULD grant temporary-worker status to foreigners who are here illegally. Most of them will stay in the United States anyway, and this plan would allow the government to keep track of them and their activities and require them to pay taxes while they are here.
Statement B: We should NOT grant temporary-worker status to foreigners who are here illegally, as this would make them and their families eligible for government services while they are here. We should not reward people who have broken the law, and this will encourage even more people to enter the United States illegally.
Statement A: Should Grant Temporary-Worker Status—39%
Statement B: Should Not Grant Temporary Worker Status—56%
*
The Founders &
Early American Democracy
Professor Matthew N. Beckmann
George Washington
Commander in Chief During Revolution
Supports New Constitution
1st President – Unanimously
“Above Politics”
Issues…
National Bank
Jay Treaty (with Brits)
Resigns After 2 Terms
Slave Owner since Age 11
George Washington
Alexander Hamilton
Federalists co-author
Pro Federal Government
Pro Executive Power
Washington Right-Hand-Man
NATIONAL BANK!
Assume State Debts (“Assumption”)
Jefferson hosts Madison & Hamilton dinner
Washington DC and Assumption
Video
4
Thomas Jefferson
Virginia
Authored Declaration of Independence
Washington’s Secretary of State
Francophile
Owned Slaves but Banned Slaved Trade
3rd President of the United States
National Bank
National Bank – Pro
Constitutional
Confidence
Commerce
Currency
Trade
Hamilton
National Bank – Anti
Unconstitutional
Monopoly
Power to North
Power to Federal
Jefferson
James Madison
John Adams
Massachusetts
Helped in Drafting Declaration
2nd President
Quasi War (Brits v French – US divided)
XYZ Affair bolsters Adams, undercuts Jefferson
Alien and Sedition Acts of 1798
Not a Slave Owner
The Election of 1800
Parties
Federalists versus Democrat-Republicans
Adams versus Jefferson
First Transfer of Power
The Midnight Judges (including William Marbury)
9
Civil Liberties
Professor Matthew N. Beckmann
Outline
I. Introduction
II. The Idea of Civil Liberties
III. Constitutional Provisions
a. The Bill of Rights
b. 14th Amendment
IV. Court Interpretation
V. Conclusion
Introduction
Case # 1
Ray Caballes, IL
71 mph in a 65 mph
“unreasonable search
& seizure”
SC:
Nope, so long as stop
proceeds along normally
Case # 2
Christopher Simmons, MO
1st Degree Murder, Death Penalty
17 years old
“cruel & unusual”
SC:
Yes.
Ray Caballes is clocked traveling 71 mph where the speed limit was 65. a second trooper who had heard the radio transmission headed for the scene with a drug-sniffing dog. In less than 10 minutes, the trooper arrived with the dog, which walked around the vehicle and reacted to the trunk and finds 282 lbs of MJ.
Simmons, who was 17-years-old when he kidnapped neighbor Shirley Crook in 1993, tied her, and threw her off a bridge in St. Louis County. Court said death penalty for under 18 is unconstitutional.
*
Civil Liberties Introductory Quiz
Civil liberties consist of
A) Supreme Court decisions.
B) the powers of government to enforce the laws.
C) legal & constitutional protections against the gov’t.
D) the principles of criminal justice.
Civil Liberties Introductory Quiz
“Justice” in the U.S. criminal justice system is defined primarily in terms of whether:
A) Case followed the proper procedures for conviction.
B) those convicted have opportunity to appeal.
C) those convicted are actually guilty.
D) those convicted are treated humanely.
The Idea of Civil Liberties
Tocqueville –
tyranny of the majority
Locke –
natural rights
Mill –
On Liberty
Jefferson –
unalienable rights
Madison –
majority or minority faction
Anti-Federalists
Argument Against BoR
“The Bill of Rights would restrict freedom because it implies that rights are given to the people by the government instead of by nature. Also, guarantees of specific rights could imply that these would be the only rights they’d be entitled to have.”
Argument For BoR
“This would give us so much protection!!! The federal government would have no power to take away these rights.”
The Idea of Civil Liberties
The Result
Majority Rule
with…
Individual Rights
Constitutional Provisions
The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
One Big Case:
Schenck v. United States (1919)
Schenck mailed draftees telling them to ignore the call because the war was immoral. Court ruled this was not free speech because it presented a “clear and present danger” akin to yelling fire in a crowded theatre.
*
Constitutional Provisions
The Bill of Rights
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
One Big Case:
McDonald v. Chicago (2010)
“I have only five words for you:
From my cold, dead hands”
Chicago had a law that handguns had to be registered, but they refused all applications after 1982. 72 year old in bad neighborhood sues. SC says states/cities can’t blanket ban handguns. But left open restrictions… including those to “prohibit…the possession of firearms by felons or mentally ill” and “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms”
*
Constitutional Provisions
The Bill of Rights
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Constitutional Provisions
The Bill of Rights
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
One Big Case: Mapp v. Ohio (1961)
Mapp is a woman who works at an illegal gambling operation. Police get tip that a guy who bombed a rival operation was in her house. They show up and ask to search, which she refuses because they don’t have a warrant. Later they come back and waive a paper and run in. Find porn, which they ultimately charge her with possessing. Court says conviction is wrong because the search (and evidence) was obtained unconstitutionally.
*
Constitutional Provisions
The Bill of Rights
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
One Big Case: Miranda v. Arizona (1966)
Miranda is accused of kidnapping and raping an eighteen year old girl. Isolated and interrogated for several hours, he signs a confession. Attorney argues it was not a valid confession because he didn’t know his rights. Court agrees!
*
Constitutional Provisions
The Bill of Rights
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
One Big Case: Gideon v. Wainwright (1963)
Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in death-penalty cases. SC disagreed and said assistance is for all criminal cases.
*
Constitutional Provisions
The Bill of Rights
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Race based dismissals for juries was ruled unconstitutional. Alas, Thurgood Marshal said, “Any prosecutor an easily assert facially neutral reasons for striking a juror, and trial-courts are ill equipped to second-guess those reasons…”
*
Constitutional Provisions
The Bill of Rights
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
One Big Case: Gregg v. Georgia (1976)
A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence. SC agreed death penalty is not “cruel and unusual” but before imposing it, court must do a separate sentencing phase that takes into consideration the person and their “nature.”
*
Constitutional Provisions
The Bill of Rights
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Constitutional Provisions
The Fourteenth Amendment
Amendment XIV
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Court Interpretation
14th Amendment
Initially intended to assure former slaves all the rights of citizenship.
Turned out to be a primary mechanism for forcing states to adhere to the Bill of Rights and the Supreme Court’s interpretation (incorporation).
Court Interpretation
As an American citizen, what rights do you actually have?
The answer is whatever the Supreme Court says.
Court Interpretation
Free Speech
Citizens enjoy broad protections in terms of speech, including…
offensive speech
symbolic speech
…but limits do exist…
clear and present danger
direct incitement to imminent
lawlessness
obscene
Free Press
Reporters enjoy broad protections in terms of speech, including…
offensive speech
good faith mistakes
…but limits do exist…
libel (public vs. private persons)
obscene
Note: prior restraint is virtually impossible.
Court Interpretation
Free Religion
Citizens are free to exercise any religion they choose.
The real questions have been on what constitutes government “establishment” of religion. Does it require full “separation” of church and state or just “neutrality?”
Criminal Rights
From the moment you are first stopped on through sentencing, the Court has delineated what “due process” means.
probable cause
self-incrimination (Miranda)
right to counsel
grand jury
jury of impartial peers
no cruel and unusual punishment
no double jeopardy
Court Interpretation
Civil Liberties and National Security
“The Constitution is not a suicide pact.”
Justice Robert Jackson
Court Interpretation
Civil Liberties and National Security
1798 — Alien & Sedition Acts
1862-65 — Habeas Corpus Suspended
1917-18 — Espionage & Sedition Acts
1942 — Executive Order 9066
1947-54 — House Un-American Activities Cmte
& Senator McCarthy
Present — Patriot Act
“Enemy Combatants”
NSA Dragnet
Fred Korematsu
born in Oakland, CA
Japanese ancestry
refused to go to internment after Roosevelt order 9066 (’42)
Korematsu v. U.S. (1944)
Conclusion
What does it mean to be an American?
One answer is that it means you are guaranteed a certain set of civil liberties. The Bill of Rights identifies what those entail, and the Supreme Court interprets their actual practice in a changing world.
Considering Americans’ civil liberties were designed to provide protection against government and/or majority tyranny, perhaps it is fitting that we conclude by asking how well it is working?
Conclusion
Conclusion
The main is “pretty well, and generally getting better.” However, this result is far from absolute …
1. Supreme Court tends to ratify majority opinion.
2. In wartime, courts typically give officials lots of leeway, and then drag their feet on overreaches until well after the fact.
3. Constitutional Principle ≠ Operational Practice.
The US Congress
A Decision-Making Body
Professor
Matthew N. Beckmann
Outline
1. The Goals that Motivate
2. The Major Features
a. Two Chambers, Two Worlds
b. Committees
c. Parties
3. Lawmaking is Hard – Especially Now.
4. Representation in Lawmaking
The Goals that Motivate
8:30 Breakfast w/ former member
9:30 Committee on Science, Space,
and Technology hearing on space research and development
10:00 Briefing by FEMA officials for members who represent victims of flooding in CA.
10:00 Energy and Commerce Cmte mark-up on media ownership legislation
12:00 Photo-op with 8th graders on the House Capitol steps
12:00 House convenes
12:15 Lunch with family friend
1:30 Subcommittee on Science Space Applications hearing
1:30 Subcommittee on Health and Environment mark-up on Trauma Care Planning Act
3:00 1st roll-call vote on supplemental appropriations bill
3:30 Meeting with officials from the National Alliance for Animal Rights
4:30 Meeting with delegates from American Jewish Congress on upcoming foreign aid bill
5:00 UC officials reception
5:00 Fundraiser for party whip
6:00 Fundraiser for colleague
A First Point:
Members of Congress are Exceedingly Busy.
The Goals that Motivate
1a. Reelection
1b. Reelection
1c. Reelection
2. Making Good Policy
3. Influence in Washington
The Goals that Motivate
Because time is so scarce, members must find ways to achieve their various goals without wasting time and energy.
They must use short cuts and pick their battles.
Combining It All:
How Policies Get Made (or Don’t)
The Textbook Version
Theoretical “Regular Order”
Introduction
(Sub)Committee Hearing
(Sub)Committee Mark-up/Vote
Floor Debate
Floor Votes & Final Passage
Conference?
President Sign or Veto
The Messy Version
Reality Regular Practice
The PATRIOT ACT
The Major Institutional Features
Two Chambers, Two Worlds
The Major Institutional Features
House & Senate
The Major Institutional Features
Two Chambers, Two Worlds
Constitution (Article 1, Section 5, Clause 2):
“Each House may determine the Rules of its Proceedings…”
House Senate
Who Rules Majority
(218) Supermajority
(60)
Leaders’ Power
– agenda Rules Committee* open
– debate time limits filibusters/holds*
– amendments controlled by rules
bring it
Carrots & Sticks lots some
The House Rules Committee
(and the Hastert Rule)
The Hastert Rule describes the Speaker’s incentive to only schedule votes his party supports (i.e., have support of the “majority of the majority”).
Notice: S/he will not allow votes on other bills – even ones that could pass with bipartisan support.
The Supermajoritarian Senate
The Founders designed the Senate to be a majority-run institution – like the House. But when VP Aaron Burr helped “clean” Senate rules, he cut out the rule allowing the majority to end debate. Whoops.
So now it takes 60 senators to stop debate and move to a final vote (which only needs 51 votes to pass).
The Supermajoritarian Senate
Senators started using the lack of a “shut up” rule to delay/obstruct bills they did not like. These tactics became known as a filibuster.
The Senate became so slow that senators added a “shut up” rule called cloture. Nowadays 60 senators can vote to stop debate and move to a final vote (which only needs 51 votes to pass).
The Supermajoritarian Senate
The Supermajoritarian Senate
Filibusters used to be rare – mainly used by Southern senators to block civil rights legislation or appointments.
Now, “it takes 60 votes to go to the bathroom.” In fact, senators don’t even have to filibuster to “filibuster,” (and it wouldn’t really matter if they did).
The Supermajoritarian
Senate
The Major Institutional Features
Committees
Early Game
(Standing Committees)
Because there is simply too much for everyone to handle, issues are divided up among committees. Comprised of just a subset of the members, these committees are where the bills are first debated and “marked-up.”
The Major Institutional Features
Committees
Committee (and Subcommittee) Chairs
Play a Key Role in Policymaking
get to hire team of policy-specific experts
get to decide committee’s schedule
generally write first draft of bills
“manage” bills on the floor
The Major Institutional Features
Committees
Who are Committee Leaders?
House
Picked by party leaders, usually by seniority, but not always.
Also, self-selection plays an important role!
Senate
Seniority
Self-selection.
The Major Institutional Features
Committees
CA Members on Agriculture Committee
The Major Institutional Features
Committees
“They’re like Al Capone dividing up Chicago — Bugsy gets prostitution, gambling and loan sharking on the South Side, somebody else gets numbers in the North, and so on. It’s the same thing in the [agriculture] committee, only they do it with peanuts, feed grains, milk, the Midwest, California, Texas, et cetera.”
Dick Armey (5/20/1990)
The Major Institutional Features
Parties
After the Civil Rights legislation of the 1960s, Southern states switched from electing conservative Dems to conservative Repubs, while the North went from supporting liberal Repubs to liberal Dems.
The Major Institutional Features
Parties
Each party’s members elect leaders. Those leaders have a major hand in the day-to-day business of running things inside the Capitol.
Among other things, they…
determine committee assignments (less in Senate)
get extra staff support (policy, whip, pubic relations)
lead behind-the-scenes meetings inside Congress
coordinate messages outside Congress
help run fundraising – for party and members
The Major Institutional Features
Parties
But there are severe limits on party leaders’ powers.
Among other things, they cannot…
refuse party nominations
rescind committee memberships
deny staff support
demand partisan loyalty (a la the Brits)
What About the White House?
Vetoes
“If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their adjournment prevent its Return, in which Case it shall not be a Law.”
Vetoes
Pocket Vetoes
Line-Item Vetoes (ruled unconstitutional)
What About the White House?
Vetoes
“If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their adjournment prevent its Return, in which Case it shall not be a Law.”
Vetoes
Pocket Vetoes
Line-Item Vetoes (ruled unconstitutional)
Important Point: Just by (credibly) threatening vetoes, presidents can extract concessions from Congress.
What About the White House?
Lobbying
Prioritize Agenda
Focus Allies on “President’s” Bill
Deal-Making
With Opposing Leaders
With “Centrists”
Combining It All:
How Policies Get Made (or Don’t)
Passing laws across two chambers, 435 representatives and 100 senators, multiple committees, in the face of today’s polarized parties is incredibly difficult. Of course, then the president can always veto whatever bills do pass.
The Status Quo Bias
In Winner Take All Politics, Hacker & Pierson argue that dynamic changes in society and the economy mean laws’ impact is always changing (even without new laws).
They refer to this as policy “drift.”
The Status Quo Bias
Notice, then, that the “winners” in the economy and society often want the government to do nothing! After all, they became “winners” under the current laws.
Congress’ status quo bias thus tends to favor those already doing well.
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
First, it depends on the public.
Who cares? What do they think?
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
Second, it depends on the process.
Clear Options (Amendments)? Recorded Votes?
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
Third, it depends on the district/state.
What is the member’s greatest threat of losing?
Representation in Lawmaking
The more widespread the public’s interest, the more straightforward the process, and the more balanced the district, the more likely the public (broadly conceptualized) is front and center in the legislative process.
Special interest lobbyists’ influence increases when these conditions are not met (complex issues decided behind closed doors).
Next time we’ll talk about what lobbyists do and how they do it…
Representation in Lawmaking
Professor
Matthew N. Beckmann
Public Opinion
*
“How much of the time do you think you can trust the government in Washington to do what is right?”
just about always
most of the time
only some of the time
“Do you happen to know which party had the most members in the House of Representatives in Washington before the elections this month?”
Democratic Party
Republican Party
Outline
I. Introduction
II. The Concept of Public Opinion
III. Measuring Public Opinion
IV. How People Form Opinions
V. The Characteristics of Public Opinion
VI. The Death of Democracy?
The Concept of Public Opinion
Public opinion is what people think about person, event, issue, or whatever.
“Do you approve or disapprove of the way
Donald Trump is handling his job as president?”
The Concept of Public Opinion
The notion of “public” opinion, however, is a bit goofy. There is no “public.”
Instead, what we have is some combination of many “individual” opinions.
“Do you approve or disapprove of the way
Donald Trump is handling his job as president?”
Gallup Approval by party
http://www.gallup.com/poll/124922/presidential-approval-center.aspx
Measuring Public Opinion
When you hear a statement like “63% of Americans believe North Korea is not serious about nuclear diplomacy, ± 3” it sound very precise, very authoritative.
In fact, the business of measuring public opinion is really hard, and the results are far from precise.
Designing a Survey
Designing a Survey is One Part Science, One Part Art.
The Science: Whom to Interview? Statistical Sampling.
The Art: What to Ask? No Definitive Answer.
Measuring Public Opinion
Two Stages of Measuring Public Opinion
1. Designing a Survey
2. Executing a Survey
Measuring Public Opinion:
The Science
Designing
Whom to Interview?
Random Sample from target population (1 – 2k is good).
Executing
Problems
Missing Folks
Cell Phone Nation
Refusals (now about 50%)
Response Rate now about 5%
Why will interviewing people at a popular diner likely result in an unrepresentative sample?
A. It will result in a unrepresentative sample because it is most likely visited by similar customers with similar opinions. — J
B. It might have a target crowd, for example, a Hipster Cafe would have a lot more liberals. — C
Measuring Public Opinion:
Ring… Ring… Ring…
Cell Phone/Land Line
Cell Phone/Land Line
But Selection Bias Exists
1. Polls (esp. telephone) overstate people’s education.
2. Polls (esp. telephone) overstate people’s civic engagement, probably because of point 1.
Measuring Public Opinion:
The Art
Designing
What to Ask?
Executing
Problems
Question Wording
Question Order
Early Q’s Affect Later Ones
Response Set
Answer Options
“Don’t Know?”
“Independent”
Politically Incorrect
Measuring Public Opinion:
An Illustration
Say we want to find out about cheating among
UC Irvine undergraduate students.
Whom should we interview?
What should we ask?
Measuring Public Opinion:
An Illustration
“Do you think that the use of marijuana should be made legal or not?” (40% say legalize)
“Do you think doctors should or should not be allowed to prescribe small amounts of marijuana for patients suffering from serious illnesses?” (77% say legalize)
How People Form Opinions
Predisposition
+ Information Environment
= Opinion
How People Form Opinions
Predispositions
Socialization
Experiences
Events
Ideology?
Information Environment
Salience
Valence
Predispositions
Do you have the same party identification as your mom?
Yes
No
Information Environment
Predisposition + Information Environment
Characteristics of Public Opinion
“Chattering Class”
Interested
Informed
Ideological
Political Information?
Name Vice President.
Name Treasury Secretary.
Name Defense Secretary.
Name CIA Director.
Name Chairman of the Federal Reserve.
Political Information?
Vice President – Mike Pence
Treasury Secretary – Steve Mnuchin
Defense Secretary – Mark Esper
CIA Director – Gina Haspel
Chair of the Federal Reserve – Jerome Powell
How’d you do?
0-1
2-3
4-5
Political Ideology?
Abortion
Taxes
Education
Defense
Social Security
Medicare
Energy
Banking Reform
Red/Blue Nation?
Pre-Election Polls
Connecting Opinions and Measurement
We can now better understand why measuring public opinion is so hard: people often don’t have them!
This is called the problem of non-attitudes.
Connecting Opinions and Measurement
Potential for Manipulation
Candidates
Reporters
Interest Groups
Corporations
The Death of Democracy?
Worrisome
Push incoherent policies
Lack information to reward or reprimand officials
Potential for manipulation
Not So Worrisome
Miracle of Aggregation
Pay Attention…
… when needed
… on important stuff
– Can Fix Mistakes
The Death of Democracy?
Also…
Highly informed citizens have many democratic virtues, but they also tend to be rigid, moralistic, and partisan. It is not obvious American democracy would work better if more citizens thought and acted like the most informed among us.
Go Vote!
Why Governments?
The Problems of Collective Action
Matthew N. Beckmann
Housekeeping
beckmann.rocketmix.com
Password: vote20
Rocketmix modules due before lecture.
Section Attendance Required – starting next week.
Rocketmix Grading
1/3rd Did you do it? (1 or 0)
1/3rd Was it completed on time? (1 or 0)
1/3rd How well did you do (0-1)
– only on assessment Qs, 1st try, overall, curved
Outline
I. Introduction
II. The Problems of Collective Action
1. Coordination Problems
2. Free-Rider Problems
3. Tragedy of the Commons Problems
III. What’s the “Problem?”
IV. What’s the Solution?
4
Ice for Katrina Victims
Mark Kostinec, was dropping a load of beef in Ohio on Sept. 2 when he received an urgent government job: Pick up 20 tons of ice in Greenville, Pa. and take it to Carthage, Mo., a FEMA staging area…
But at Carthage he was told to take his 2,000 bags of ice on to Montgomery, Ala…
After a day and a half in Montgomery, he was sent to Mississippi.
On Sept. 8, he was waved onward to Selma, Ala…
And after two days in Selma he was redirected to Emporia, Va…
He ended up unloading the ice into storage.
5
10 folks, 1 boat.
6
10 folks, 1 boat.
How much effort you give is up to you.
If boat reaches destination, you get $100.
But the work takes a toll.
7
How much effort do you invest…
100% (value if success = 0, -100 if failure)
75% (value if success = 25, -75 if failure)
50% (value if success = 50, -50 if failure)
25% (value if success = 75, -25 if failure)
0% (value if success = 100, 0 if failure)
How much effort do you invest…
100% (value if success = 0, -100 if failure)
75% (value if success = 25, -75 if failure)
50% (value if success = 50, -50 if failure)
25% (value if success = 75, -25 if failure)
0% (value if success = 100, 0 if failure)
The Problem of Collective Action
Collective action problems are situations in which rational behavior on the part of individuals leads to outcomes that leave the group worse off.
Three Basic Types
1. Coordination Problems
2. Free-Rider Problems
3. Tragedy of the Common Problems
10
Problem # 1:
Coordination Problems
Coordination problems occur when each member of the collectivity agrees on what it wants; each is prepared to contribute to the collective effort but must figure out how to coordinate his or her effort with those of others.
Examples: radio stations, street signs, flight instructions (English), and on and on.
11
Coordination Problem
Coordination Problem
43%
Swerve
57%
Crash
– Roads Closed
for Hours before
– Everyone had to pull over and stop before Sunday 5a
-Proceed to Other Side and Stop Again.
Coordination Review
Prisoner’s Dilemmas
Prisoner’s Dilemmas arise when a group would be better off if its members cooperated; however, individual members have an incentive to help themselves instead (and at the expense of the group).
There are two basic types of prisoner’s dilemmas:
free-rider & tragedy of the commons.
17
Prisoner’s Dilemmas
Free-Rider Problem
Everyone wants some collective good…
but everyone also has incentives not to help attain it.
Tragedy of the Commons
Everyone has some collective good…
but everyone also has incentives not to help preserve it.
18
Problem # 2:
Free-Rider Problem
A free-rider problem occurs whenever individuals are tempted to withhold their contribution to the group’s efforts.
Occurs when contributing…
Won’t itself make a difference.
Won’t get you any extra benefit.
Example: National Defense
– Bill Gates total net worth about 110 billion.
– US spent 700 billion on defense in 2018 alone.
19
This was the case of the 10 guys and a boat. Also true of environmental issues, national defense, social protests, among numerous others.
Free Rider Problems
Dorm Room Clean-up
Pick Up Living Room
Vacuum Floors
Wipe Clean All Windows
Scour the Shower
Clean Sinks
Scrub the Toilets
Take Out Trash
Put Away Dishes
Say one roommate generously agreed to scour the showers. Are you now willing to scrub the toilets as one of your chores?
55%
Yes
45%
No
Say another roommate leaves on a road trip before doing any cleaning. Are you willing to do an extra chore to get the “to do” list done.
16%
Yes
84%
No
Dear Parents…
“Mom, dad, it’s not what you think. I’m not a filth lord I just don’t have the incentive to clean the apartment because I can just get my roommates to do it for me except they all think the same as me.”
– K
Dear Parents…
“It is because of my roommate. She is so busy with her school and works, so she got no time to clean..”
– H
Dear Parents…
“Get down and dirty about getting clean.”
– J
Problem # 3:
Tragedy of the Commons
A tragedy of the commons problem occurs whenever individuals are tempted to ruin a collective good.
Occurs when someone’s action…
Won’t itself make a difference to the good.
Benefits you regardless of what anyone else does.
Example: California Groundwater.
26
Collaborative Classroom?
Collaborative Classroom?
First Exam
Poor Great 67.0 33.0
Collaborative Classroom?
First Exam
I would choose to give poor instruction, because I do not know whether my partner would give me great or poor instruction, but that gives me a chance for me to get an A.
Collaborative Classroom?
Second and Third Exams
Poor Great Poor Great 61.0 39.0 70.0 30.0
GPA = 2.66
A B+ C+ C- 22.0 12.0 22.0 44.0
GPA = 2.66
Notice: If All Gave “Great” Instruction, GPA = 3.3
A B+ C+ C- 22.0 12.0 22.0 44.0
Tragedy of the Commons Review
Discuss with your neighbor why “No” is the correct answer.
Why is it a “problem?”
Even well-intentioned people who all agree about what should be done might not be able to do it! Worse yet, you often deal with folks who are neither well-intentioned nor agreeable.
Thomas Hobbes referred to this type of chaotic world as “the state of nature.”
34
Solving the “Problem”
Of course, people often cooperate, contribute, or otherwise solve such dilemmas. The Angier article, for example, describes how people seem “wired” to trust and cooperate with one another – even when exploiting would pay better.
So small groups of people working together can often overcome CAPs on their own…
Solving the “Problem”
… but not always (as we have seen)!
And the more people involved, the harder it gets to solve these problems in an ad hoc fashion.
Solving the Problem
Remember, this is not because individuals are malicious, or even disagreeable.
It is just that they either don’t know how to help (coordination) or don’t want to be saps if they do (free-rider and tragedy of the commons).
37
Solving the “Problem”
Because problems of collective action abound – indeed, are more-or-less a part of “nature” – then reliably solving these problems is a fundamental aspect of human interaction.
38
The Genesis of Government!
Here is where governments come into play.
Societies create a government to help its
members coordinate & cooperate.
39
The Courts
Professor
Matthew N. Beckmann
Outline
I. Introduction
II. The U.S. Court System
III. The Question of Judicial Review
IV. Interpreting the Constitution
V. Our Current Court
VI. A Politicized Judiciary?
Harry Blackmun
SC Justice, 1970-94
The Court System
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial.
Appellate Jurisdiction
The power to review and/or revise the decision of a lower court.
Jurisdiction: Authority vested in a particular
court to hear and decide the issues in any particular case.
The Court System
Supreme Court Jurisdiction
Original Jurisdiction (1-3 %)
Cases start at the SC when they…
1. Involve 2 or more states
2. The US and a state
3. Foreign ambassadors/diplomats
Appellate Jurisdiction (97+ %)
SC can hear cases on appeal from…
1. U.S. courts of appeals
2. State highest courts
(if there is a federal issue)
3. Court of Military Appeals
Federal judges may decide hypothetical cases rather than just real existing ones.
A. True
B. False
The Court System
Federal Court System State Court System
U.S. Supreme Ct.
(80-90 cases)
State Supreme Ct.
(50 courts, 95k cases)
U.S. Courts of Appeals
(13 courts, 50k cases) State Appellate Cts.
(300k cases)
U.S. District Courts
(94 courts, 300k cases) State Trial Cts.
(100 million filings)
The Court System
One Important Point:
The Supreme Court chooses which
cases it will hear and which it will not.
The Rule of Four
& Writ of Certiorari
The Court System
SC typically will grant “certs” when…
1. important constitutional issue is implicated
2. lower courts disagree
SC typically will not grant “certs” when…
1. they merely disagree with a particular court’s decision in a given case.
The Question of Judicial Review
Judicial Review:
Power of the courts to review acts of other branches of government and the states.
Not a Power Conferred by the Constitution!
The Question of Judicial Review
Marbury v. Madison (1803)
Federalists lose election 1800
Try to fill gov’t with judges up to last minute.
Chief Justice Marshall’s decision:
Marbury deserves his appt. by law, but the law was unconstitutional.
The Question of Judicial Review
Pro Judicial Review
Yet another check.
Protects civil liberties.
Implied by Constitution.
Anti Judicial Review
Gives SC unchecked power.
Not elected.
Not constitutional.
Interpreting the Constitution
Where All Justices Agree (sort of): stare decisis.
That is, when it comes to formulating new decisions about the law, all justices agree that the Court should rely on past decisions (i.e., precedents).
judicial activism vs. judicial restraint
Interpreting the Constitution
Where NOT All Justices Agree: judicial philosophy.
Three Basic Ways to Read the Constitution
1. Strict Constructionist
2. Original Intent
3. Living Document
Interpreting the Constitution
Strict Constructionist
Interpret the Constitution narrowly, literally. “Just the words.” Original
Intent
Interpret the Constitution in the context of the Framers’ intentions. “The words along w/ the writers’ intent.” Living
Document
Interpret the Constitution in the context of current circumstances. “The ideas applied to today’s world.”
How many Supreme Court Justices are there, according to the Constitution?
A At Least 5
B Any Odd Number
C 9
D The Constitution Does Not Specify a Number
According to the Constitution, A US Supreme Court Justice’s term lasts…
A “so long as he is Willing and Able”
B No More than 20 Years
C 6 Years
D “During Good Behaviour”
Our Previous Court
Swing
Voter
4 Votes
4 Votes
Our Previous Court
Swing
Voter
Our Current Court
RBG
SS
EK
JR
NG
SA
CT
SB
BK
Our Current Court
Trump Nominees
Our Current Court
Obama Nominees
Our Current Court
Swing
Voter
&
Chief Justice
Our Current Court
85
64
58
64
51
68
70
80
53
A Politicized Court?
When drafting Article III of the Constitution, the Founders deemed the federal judiciary to be “the least dangerous” branch, a neutral arbiter in disputes.
A Politicized Court?
Over time, however, the courts have become key players in determining constitutional meaning and federal policy.
This puts a premium on decision-making in the courts generally, and the Supreme Court in particular. Is it any wonder judicial nominations are so hotly contested?
A Politicized Court?
The Court has ALWAYS been political.
Even so, many believe that today’s context has made the average day-in, day-out workings of the courts more political.
Fuzzier Issues (like matters of privacy)
Polarization in Washington
Partisan Selection and Confirmation
Closely Divided Supreme Court
Midterm Stuff
Bring a Big Blue Book!
Bring a Pen!
6 of 10 IDs 5 pts each (total 30 pts)
1 “essay” (total 70 pts)
Midterm Stuff
1. Define the term, citing readings and lectures(s)
(e.g., “A tyrant, as mentioned in Federalist 69, is a political leader who assumes power over citizens without being accountable to them.”)
2. Explain why this is important to the topic/class.
(e.g., for example, “Tyranny was an important concern during the founding, causing many to demand ‘checks’ on the government powers be included in the Constitution, including a specific Bill of Rights…”)
“Essay”
Read the Situation
Remember, this is an Exam!
Use Class Ideas and Materials to Answer.
Answer All Parts.
Midterm Advice
Budget your time well.
Write clearly.
Don’t assume “You know what I meant.”
Explain – with course materials.
Lecture is backbone; modules, readings, and sections are supplements.
Not a vocab test. More focus on key concepts and how they apply.
Introduction to US Politics
Political Science 21A
Matthew N. Beckmann
UC Irvine
Introduction
Professor Matthew N. Beckmann
Department of Political Science
2253 Social Science Bldg B
(949) 824-6219
beckmann@uci.edu
Office Hours:
Tues 11:15-12:15 at Starbucks (just behind Bio Sci III)
First Things First
Teaching Assistants
Nathanial Deken
Mirette Marcos
Melina Much
Judney Pierre
Outline
Introduction
Basics
Course Expectations
III. The American Dream
4 Elements of the American Dream
Synopsis of the American Dream
IV. Looking Forward
Can you summarize the main points?
How does this fit with the corresponding lecture?
“Textbook”
Electronics
“Science and common sense are both pretty clear here. If you want to learn something from a class or lecture — or, from that matter, a meeting, conference, or any other situation where you’re basically sitting and listening — you’re best off taking notes with pen and paper.”
Research Day (Still Thinking)
Rocketmix
Exams
Introduction:
The American Dream
“The American dream that we were all raised on is a simple but powerful one – if you work hard and play by the rules you should be given a chance to go as far as your God-given ability will take you.”
– President Clinton, 1993
12
Introduction:
The American Dream
“We are true to our creed when a little girl born into the bleakest poverty knows that she has the same chance to succeed as anybody else, because she is an American; she is free, and she is equal, not just in the eyes of God but also in our own.”
– President Obama, 2013
13
Four Elements of the American Dream
Who Can Have the Dream?
How Do You Achieve It?
What Are Your Chances?
Why Is It Always Good?
14
Who Can Have the Dream?
Everyone.
Regardless of class, race, gender, religion, or anything else, everyone can be part of the American Dream.
15
How Do You Achieve It?
Hard work.
Survey after survey shows Americans agree with the statement that “there is plenty of opportunity and anyone who works hard can go as far as he wants.”
16
What Are Your Chances?
Good, but no guarantees.
Americans believe deeply that all people should (and do) have a chance to succeed, but that success should not simply be given to those who don’t work for it.
17
Why is it Always Good?
What is good for you is good for society.
The idea is that one person’s success does not come at the expense of anyone else’s, and in fact may help everyone (e.g., cure cancer).
18
Synopsis of the American Dream
The American Dream is a nice ideal:
Success is possible for everyone, and achieving it depends on hard work and merit.
19
Looking Forward
But…
What if not everyone has an equal shot?
What if one person’s success comes at the expense of another person?
What do we do with “failures?”
20
Looking Forward, cont.
This is where politics comes into play!
The remainder of this course is aimed at analyzing the theory and practice of politics in the United States of America.
21
Campaigns & Elections
Professor
Matthew N. Beckmann
*
Introduction
Johnson vs. Goldwater, 1964
“In your heart, you know he’s right.”
“In your guts, you know he’s nuts.”
The Daisy Ad
Outline
Part I. Two Views of Elections
Part II. The Candidates and Campaigns
a. The Two-Stage Process
b. Media
i. Paid Media
ii. “Earned” Media
c. Money
Part III. The Voters
a. Whether to Vote
b. How People Decide
Part IV. The Heart of Democracy
Two Views of Elections
Mandate Theory
Elections are a way for voters to tell officials what they should do once in office. Those elected have obligation to follow that message.
Two Views of Elections
Mandate Theory
Elections are a way for voters to tell officials what they should do once in office. Those elected have obligation to follow that message.
Accountability Theory
Elections are a way for voters to tell officials whether they like what they’ve done. Those elected are free to act, but ultimately will be held accountable for those actions.
The Candidates and Campaigns
The Two-Stage Process
First Stage:
Getting the Nomination
Second Stage:
Winning the Election
The Candidates and Campaigns
The Two-Stage Process
First Stage:
Getting the Nomination
This is the part of the campaign where candidates compete to be their party’s nominee in the general election. Thus it is Dems vs. Dems, Reps vs. Reps.
50s-60s: “Insider Game”
1974: Watergate
1976: Jimmy Carter
80s+: “Open Game”
The Candidates and Campaigns
The Two-Stage Process
First Stage: Getting the Nomination
Some Distinguishing Characteristics
More Ideological, Issue-Oriented Electorate
The Firsts: Iowa and New Hampshire
Retail Politics
“Frontloading”
The Candidates and Campaigns
The Two-Stage Process
Ethnic Demographics of Iowa and New Hampshire
Compared to National Average
2010 U.S. Census
Black
or
African American
American Indian
and
Alaska Native
Asian
Native Hawaiian
and Other
Pacific Islander
Hispanic or
Latino
(of any race)
IA
3.7
0.5
2.5
0.1
5.8
NH
1.5
0.3
2.7
0.1
3.5
US
13.3
1.3
5.7
0.2
17.8
The Candidates and Campaigns
The Two-Stage Process
Second Stage: Winning the Election
This is the part of the campaign where each party’s candidate competes to win the job.
The Candidates and Campaigns
The Two-Stage Process
Second Stage: Winning the Election
Some Distinguishing Characteristics
Non-ideological, Non-issue Oriented Electorate
Battleground States
Big Events: Convention and Debates
The Candidates and Campaigns
Media
Advertisements (“Paid Media”)
Important Point:
Voters Do Learn From Political Ads, Regardless of Their Tone.
Positive
Contrast
Negative
The Candidates and Campaigns
Media
News Coverage (“Earned Media”)
Horserace
Strategy
Scandals
Gaffes
Sound-bites and Visuals
The Candidates and Campaigns
Money
Money in US Elections Started Being Regulated in 1971 – the Federal Election Campaign Act.
The Candidates and Campaigns
Money
Donations
Contributions by individuals and groups given to candidates or parties.
These are (sort of) regulated.
Independent Expenditures
Money spent by individuals and groups in support of a candidate or party.
Unregulated.
The Candidates and Campaigns
Money
One New Implication: Rise of Dark Money
Political spending where the donors are not disclosed
and the source of the money is unknown.
The Voters
Whether to Vote
Since the founding, the proportion of people eligible to vote in elections has increased to nearly 100% of citizens aged 18+.
However, nowadays only about 40 to 60% of those eligible to vote actually do so.
The Voters
Whether to Vote
The Voters
Whether to Vote
Who Votes…
Older, Informed, Educated
Interested, Efficacious
Recruited
Corresponding to other things we have learned about in this class, this means the electorate is more educated, wealthier, older, married, and “connected” (via unions, churches, or whatever) than the population at large.
The Voters
How People Decide
Party Identification
Candidate Evaluations
Performance (esp. economy and security)
Issues – not so much.
A Story About Sharks and Votes
1916 Jersey Shore
Week of Shark Attacks Leaves 4 Dead
Tourists Flee (75% Vacant in Summer!)
President Woodrow Wilson Vote In NJ
– Non-Beach Towns, No Difference
– Beach Towns, – 3 to – 10% (all else equal)
Elections
The Heart of Democracy
Elections are at the heart of any theory of popular sovereignty – either as a way of telling officials what to do or as a way of “throwing the bums out.”
Elections
The Heart of Democracy
Elections are at the heart of any theory of popular sovereignty – either as a way of telling officials what to do or as a way of “throwing the bums out.”
This makes understanding the nature of American elections integral to understanding how officials conceptualize and respond to “the people.”
Elections
The Heart of Democracy
2 Questions…
Do Elections Signal What Constituents Want?
Do Elections Hold Officials Accountable?
Research
Reliability of Length of PC
Words per Press Conference
Words Per Day
Research
Research
Reliability of PC News Coverage
*
Final Stuff
Plan: in-class final, Friday 3/20
Now: take-home final
… emailed to you on Wed 3/18 @ noon
… due uploaded to turnitin.com by Friday 3/20 at 2pm.
Final
2 Essay Questions
No more than 4 pages total
– double-spaced
1 in margins
12 point font
Times New Roman
Why Governments?
Solving the Problems of Collective Action
Professor
Matthew N. Beckmann
1
Outline
I. Review of Collective Action Problems (CAPs)
II. Solving CAPs
1. Making the Decision
2. Enforcing the Decision
III. Constitutions and Governments
IV. How Can They “Solve” the “Problem?”
V. Conclusions
2
Review to Date
We started this class imagining a “dream” scenario – one in which every American acted in her own interest and in doing so also served the greater public good.
3
Review to Date
We started this class imagining a “dream” scenario – one in which every American acted in her own interest and in doing so also served the greater public good.
Example: I discover a cure for lung cancer.
I get rich (self) and the world is rid of a deadly disease (group).
4
Review to Date
But we also saw this dream often doesn’t work in practice. This is the Problem of Collective Action.
5
Review to Date
Collective Action Problems are situations in which individuals’ rational decisions lead to outcomes that undercut the group’s success.
These can occur even when
individuals support the group goal!
6
Review to Date
Three Types of Problems:
1. Coordination Problems
2. Free-Rider Problems
3. Tragedy of the Commons
7
Solving the Problem of Collective Action
A First Point
Most people are not economists or political scientists! Real people often cooperate to help groups succeed.
Small Groups
Personal Connections
Repeated Interactions
8
Solving the Problem of Collective Action
A Second Point
But not always (as we saw in class)!
And the more people involved, the harder it gets to solve these problems without something stronger than a personal connection.
9
Solving the Problem of Collective Action
A Second Point
Remember, this is not because individuals are malicious, or even disagreeable. CAPs can arise even when everyone agrees to the group’s goals.
It is just that they either don’t know how to help (coordination) or don’t want to be exploited if they do (free-rider and tragedy of the commons).
10
Solving the Problem of Collective Action
A Crucial Question
If individuals often get
mired in collective action problems,
how the heck do we avoid chaos (or worse)?
11
The Genesis of Government!
The answer is that we create a government that helps ensure we coordinate and cooperate.
Coordinate: Traffic Signals
Cooperate: IRS
12
The Genesis of Government!
Notice that this means we willingly give up some personal freedom in order to secure collective benefits.
This is the essence of a “social contract” – the notion that individuals agree to form a society and, in turn, abide by its rules.
13
The Social Contract
& The Citizenship Test
US Citizenship:
Native: citizenship by birth.
Naturalized: citizenship by legal process.
The Social Contract
& The Citizenship Test
Naturalized Test:
Qs are basically facts about nation and gov’t.
91% of you “passed” (on the module).
The Social Contract
& The Citizenship Test
What would you ask?
“What is the second amendment?” – B
“Who wrote the first draft of ‘The Declaration of Independence’?” – W
“Which burger chain is best in the US?” – R
The Social Contract
& The Citizenship Test
If citizenship is essentially about a Social Contract,
what should we ask?
The Social Contract
& The Citizenship Test
Note: You Can Renounce US Citizenship!
Requires paperwork and interviews to show you are doing this voluntarily and intentionally.
(Immediately lose rights, like the right to buy guns.)
Solving the Problem of Collective Action
Government, then, is key to…
1. Providing a way of making group decisions.
2. Providing a way of enforcing group decisions.
20
Settling on Collective Agreements,
Making the Decision – Example
Pick Up Living Room
Vacuum Floors
Wipe Clean All Windows
Scour the Shower
Clean Sinks
Scrub the Toilets
Take Out Trash
Put Away Dishes
Settling on Collective Agreements,
Making the Decision
Some Basic Options
1. Vote
(e.g., majority rule)
2. Delegate to a “Representative”
Other stuff
(e.g., rōsh for it; flip a coin; take turns; draft)
22
Settling on Collective Agreements,
Making the Decision
We all agree to have a class pizza party.
Where do we want to get it?
1. Vote
(e.g., majority rule)
2. Delegate to a “Representative”
Other stuff
(e.g., rōsh for it; flip a coin; take turns; draft)
Collaborative Classroom?
GPA 2.66
A B+ C+ C- 22 12 22 44
Collaborative Classroom!
Collaborative Classroom!
GPA 3.3
A B+ C+ C- 0 1 0 0
Making the Decision Example
Tragedy of the Commons
If you both choose Split: $50k to each.
If you both choose Steal: $0 to each.
If you choose Split & he chooses Steal: you get $0, he gets $100k.
If you choose Steal & he chooses Split: you get $100k, he gets $0.
What’s Your Choice: Split (A) or Steal (B)
(pick one)
27
Making the Decision Example
Tragedy of the Commons
You both choose Split: $50k to each.
If you both choose Steal: $0 to each.
If you choose Split & he chooses Steal: you get $0, he gets $100k.
If you choose Steal & he chooses Split: you get $100k, he gets $0.
What’s Your Choice: Split (A) or Steal (B)
28
Settling on Collective Agreements,
Enforcing the Decision
Primary Methods
Coercion
(e.g., prison; torture; death)
2. Selective Incentives
(e.g., tickets and taxes)
29
Why Government?
The Answer in a Nutshell
It’d be great if people operating in simple self-interest worked out (indeed, it’d be a “dream”).
Such is not the case. Collective Action Problems abound.
To solve CAPs, citizens agree to give up some individual freedom in order to secure collective benefits.
We do this by ratifying a constitution, empowering a government.
This government makes and enforces collective decisions – by coercion or by other selective incentives.
30
We have now know the logic for why rational individuals might turn over power to a government: we can achieve things as a group that we cannot achieve as individuals.
A Little History
Of course, the idea that government should help ordinary individuals achieve their collective goals is not the only way to think about government.
In fact, it’s relatively new.
A Little History
Hail to the King…
Many ancient societies were run as monarchies under the idea of the divine right of kings – the idea that kings ruled because God picked them to lead.
A Little History
Such was the prevailing wisdom as the colonies got rolling. They were ruled by the divine British Kings (James I, early on).
A Little History
In practice, however, the colonies enjoyed considerable autonomy. They agreed the king ruled by divine right, but they also governed themselves with locally-elected officials, courts, and economic organizations.
A Little History
By the 1760s, the colonies had become so self-sufficient, politically and economically, that their reliance on (& loyalty to) the King weakened.
Not surprisingly, King George III wasn’t too happy. He was paying a ton to protect his colonies, but his colonists did not give much in return.
A Little History
1754-1763 French & Indian War
1764 Sugar Act
1765 Stamp Act
1773 Tea Act
1773 Boston “Tea Party”
1774 Coercive Acts
1776 Thomas Paine’s Common Sense Published
The Coercive Acts
aka The Intolerable Acts
Quartering Act: Established March 24, 1765
Required colonial authorities to offer barracks & supplies to British troops.
Boston Port Bill: Effective June 1, 1774:
Closed the port of Boston to all colonists until damages from the Boston Tea Party were paid.
Administration of Justice Act: Effective May 20, 1774
Stated that British Officials could not be tried in provincial courts for capital crimes.
Massachusetts Government Act: Effective May 20, 1774
Effectively annulled the colony’s charter, giving the British Governor control of the town meetings, taking control away from colonialists.
A Little History
Thomas Paine’s Common Sense
– attacked notion of hereditary monarchy
– dismissed idea of working it out with England
– outlined economic benefits of independence
– went platinum (or whatever)
A Little History
Key Folks…
Thomas Hobbes
John Locke
Jean Rousseau
Voltaire
Key Concepts…
Natural Law
Social Contract
The Declaration of Independence
Written by
Thomas Jefferson
with help from
Benjamin Franklin
and John Adams
The Declaration of Independence
…We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…
The Declaration of Independence
…That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…
The Declaration of Independence
…That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…
Ideas Into Action
Notice, the Declaration gets the Framers’ to where we just were: governments are instituted among men to help achieve their collective goals (social contract).
Ideas Into Action
Now the challenge was how to do it?
“You must first enable the government to control the governed: and in the next place oblige it to control itself.”
– Federalist 51
Ideas Into Action
Earlier we said there were two practical ways to make decisions about collective goals: vote or delegate.
Ideas Into Action
Having everyone vote to decide every policy issue would be impossible, and wouldn’t be desirable anyway.
Ideas Into Action
So we delegate power to “representatives” who decide for us. This is why the founders referred to our government as a republic (rather than a democracy).
The challenge is keeping them focused on the “the people’s” interests rather than serving their own.
Ideas Into Action
One answer would just be to pick a “perfect” representative – an absolute ruler who exercises knows society’s collective interests and uses his or her political power to serve it.
(“Benevolent dictator” or “Enlightened Despot” are terms people have used to capture this idea.)
Ideas Into Action
Of course, humans aren’t perfect, and often they are far from benevolent.
So if you can’t rely on a “perfect” representative, what can you do?
Ideas Into Action
The answer:
1. Choose Best Possible Representatives
2. Monitor Their Actions
3. Reward or Punish
Ideas Into Action
1. Choose Best Possible Representatives
a. Free Elections
b. Fair Elections
c. Competitive Elections
Ideas Into Action
2. Monitor Their Actions
a. Transparent Process
b. Viable Opposition
c. Free Press
Ideas Into Action
3. Reward or Punish
a. Free Elections
b. Fair Elections
c. Competitive Elections
d. Frequent Elections
Conclusion
During the last class we saw why rational individuals would want to form a government. What remained unclear was what type of government they should want.
Now we know…
Conclusion
Ordinary people should want one where…
1. Elections are free, fair, competitive, and frequent.
2. Governance is transparent, debated, with a free press.
Conclusion
“Democracy is the worst form of government except for all those others that have been tried.”
Winston Churchill
The Federal Budget
Professor
Matthew N. Beckmann
LBJ – Great Society (& Vietnam)
NIXON
Great Society
Social Security +
Medicare
Dem Congress
Vietnam
(Oil Embargo)
Short-Term Solutions
Price Controls
Wage Controls
FORD & CARTER
Outline
The Economy and the US Government
Where the Money Goes
– Discretionary Spending
– Non-Discretionary Spending (Entitlements)
Where the Money Comes From
– Income Taxes
– Payroll Taxes
II. You Balance the Budget!
The Budget
Fiscal Policy:
The use of government spending and revenue to influence the economy. In short, fiscal policy is like the federal government’s checking account.
The Budget
Early Feb: President Submits Budget
April(ish): Congressional Budget Resolutions
– 20 categories
– divide the pie
By October: Authorizing and Appropriating
(Note: Congress Routinely Misses Its Deadlines;
Hasn’t been on time since 1997.)
Where the Money Goes
The Federal Budget:
Two Categories of Spending
Where the Money Goes:
Non-Discretionary Spending
Where the Money Goes: Discretionary Spending
Why is it Non-Discretionary?
Neither the current President nor Congress really “decides” how much to spend on Social Security or Medicare or Unemployment and the like.
Instead, these programs result from previous laws, and when people become eligible, they get the benefits.
The Growth of
Non-Discretionary Spending
In terms of its cost, which one has grown the most in the last generation?
Medicare/Medicaid
or
Social Security
Where the Money Comes From
Where the Money Comes From
Income Taxes
Where the Money Comes From
Income Taxes
Where the Money Comes From
Income Taxes
http://qz.com/37639/check-your-us-tax-rate-for-2012-and-every-year-since-1913/
Where the Money Comes From
Income Taxes
Few paid 91% tax rate (Only 8 people in 1960).
The main effect was pushing businesses to distribute profits differently – away from top.
Where the Money Comes From
Income Taxes
Where the Money Comes From
Income Taxes (Deductions)
Where the Money Comes From
Payroll Taxes
Payroll Taxes Are Designated for “Entitlement” Programs.
Social Security = 6.2% (cap now at $137,700)
Medicare = 1.45% (no cap)
(Matched by your employer.)
Where the Money Comes From
Payroll Taxes
Where the Money Comes From
Payroll Taxes
Where the Money Comes From
Payroll Taxes
Where the Money Comes From
Payroll Taxes
Income & State
Taxes
Revenues – Outlays = Surplus/Deficit
The Economy & The US Gov’t
revenues and spending
Balance the Budget!
If you wanted to balance the budget, what would you do?
Cut Spending
or
Raise Taxes
The Budget,
Accountability, and Leadership
During the Great Depression, FDR helped enact Social Security – a program to help ensure seniors did not end their life bankrupt.
LBJ extended that safety net to include Medicare – a program that guaranteed seniors would have affordable healthcare at the end of their lives.
The Budget,
Accountability, and Leadership
These “entitlement” programs have been very successful at their stated goals – helping Americans retire (and stop getting an income) yet avoid ending up sick and broke.
Not surprisingly, they are popular, especially with seniors.
But they are also expensive!
The Budget,
Accountability, and Leadership
The other big-ticket budgetary item is national defense. We spend more on the military than the next 8 countries combined – and we have for generations!
This has many advantages – diplomatically, militarily, and even economically.
But it is also expensive!
The Budget,
Accountability, and Leadership
Everything else comprises fairly small pieces of the federal budget – and often those pieces are popular (e.g., Pell Grants; School Lunches; Roads; Hospitals; Veterans Benefits).
The reality is there is not much fraud, waste, or abuse in the federal budget. Rather, we spend money on a few major programs plus a bunch of (pretty popular) minor ones.
The Budget,
Accountability, and Leadership
Of course, taxes aren’t popular either!
The Budget,
Accountability, and Leadership
The question for politicians, then, is what are your priorities given the basic budgetary realities.
There is no magic bullet; tradeoffs are a must.
Trump
President Trump has not touched Medicare or Social Security, and he helped increase defense spending.
President Trump also signed into a law a fairly large tax cut.
Eventually, something will have to give. But for now, we can borrow the difference (at low rates).
Midterm
Nice Job.
Do Readings!
Come to Class!
Cite Course Materials!
Answer Questions!
Explain the Logic of Your Answer.
Mean 83
Median 85
*
The Constitution
Professor Matthew N. Beckmann
Ideas & Politics
*
Outline
I. Ideas Into Actions
II. Making U.S. Government – 1st Try
III. Making U.S. Government – 2nd Try
IV. The Politics
A. Federal v. State
B. Slave v. Free
C. Big v. Small
V. Conclusion
Ideas Into Action
We just saw that the Declaration got the founding fathers to the notion of a social contract – the idea that people agree to form a government to help them achieve collective goals.
Ideas Into Action
Then the challenge was how to make it work? That is, how to you get a government that that can control citizens yet continues to look out for “the people’s” interests?
Ideas Into Action
The answer: include key democratic features…
1. Choose Best Possible Representatives
2. Monitor Their Actions
3. Reward or Punish
Ideas Into Action
1. Choose Best Possible Representatives
a. Free Elections
b. Fair Elections
c. Competitive Elections
Ideas Into Action
2. Monitor Their Actions
a. Competitive, Fair Process
b. Transparent Decision-Making
c. Free Press
Ideas Into Action
3. Reward or Punish
a. Free Elections
b. Fair Elections
c. Competitive Elections
d. Frequent Elections
*
Conclusion
So we previously saw why rational individuals would want to form a government. What remained unclear was what type of government they should want.
Now we know…
Conclusion
“The people” should want government where…
1. Elections are free, fair, competitive, & frequent.
2. Governance is transparent, debated, with a free press.
Conclusion
“Democracy is the worst form of government except for all those others that have been tried.”
Winston Churchill
Making U.S. Government – The 1st Try Recalling The Declaration of Independence
Again, getting representatives to serve the people’s interests was not the founding fathers’ most pressing concern.
Instead, they were preoccupied with protecting against tyranny – particularly by a King.
Making U.S. Government – The 1st Try Recalling The Declaration of Independence
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men.
Making U.S. Government – The 1st Try Recalling The Declaration of Independence
Two Points about the Declaration
1. King G 3 is Bad
2. Passive Role for Federal Gov’t
(By Invite Only)
Making U.S. Government – The 1st Try
The Articles of Confederation
Article I. The Stile of this Confederacy shall be “The United States of America.”
Making U.S. Government – The 1st Try
The Articles of Confederation
Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
Making U.S. Government – The 1st Try
The Articles of Confederation
Basically the Articles said every state for itself except for wars, mail, and money.
* – Major Decisions Required Support from 9 (of 13) states
* – Constitutional Amendments Required Unanimous Support
* – Congress Lacked the Power to Tax
Making U.S. Government – The 1st Try
The Articles of Confederation
Basically the Articles said every state for itself except for wars, mail, and money.
* – Major Decisions Required Support from 9 (of 13) states
* – Constitutional Amendments Required Unanimous Support
– – Congress Lacked the Power to Tax
Notice, this meshes well with the ideas in the Declaration – decentralized and passive gov’t.
Collective Action Under the Articles
Thinking back to our discussion of Collective Action Problems, why was each likely arise under the Articles of Confederation?
Coordination Problems
Free-Rider Problems
Tragedy of the Commons Problems
Making U.S. Government – The First Try
Problems Under The Articles
Making U.S. Government – The Second Try
The Constitutional Convention
February 21, 1787
Congress passes resolution for a Constitutional Convention in Philadelphia for “the sole and express purpose of revising the Articles of Confederation.”
Whoops.
Making U.S. Government – The Second Try
Some Guiding Principles
Wanted to Add
1. More “Dispatch” at Federal level
__________________________________________
But Also Wanted to Keep Ideas of
1. Public Consent
2. Individual Rights
3. Limited Potential for Tyranny
Federalists
Anti-Federalists
*
What’s Government For?
Declaration
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men
Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Central Question
How do we know what is in our collective interest?
In our examples in class, the collective interest was mathematically demonstrable (e.g., class GPA). In real life choices, that’s rarely true.
Case: Defense Spending
The Framers’ Answer
Idea: Collective interests are reflected by ideas that command widespread, long-term majority support and do not violate individuals’ basic rights.
Practice: Without violating the Bill of Rights, only laws that can pass many procedural hurdles with majority (or even supermajority) support apply to citizens.
Making U.S. Government – The Second Try
Constitutional Liberalism
1. Separation of Powers
2. Checks and Balances
+ Federalism
***Think of Federalists 10 and 51 here.
Making U.S. Government – The Second Try
The Strategies, cont.
Separation of Powers
A. Legislative
I. Staggered Terms
II. Bicameral Design
B. Executive
C. Judicial
Making U.S. Government – The Second Try
The Strategies, cont.
Checks and Balances
A. On Congress: Pres Veto, Judicial Review, etc.
B. On President: Cong Override, Impeach, etc.
C. On Robes: Cong changes laws, Impeach, etc.
Making U.S. Government – The Second Try
The Strategies, cont.
Federalism
A. Supremacy Clause
B. Commerce Clause
C. 10th Amendment
Conclusion on Constitutional Ideas
The Founding Fathers were amazing political theorists, and the ideas they articulated while drafting the Constitution reflect, by my mind, the best thinking about politics ever put to paper.
Conclusion on Constitutional Ideas
But the Constitution is more than just the product of political theory; it is also a product of political practice: big states versus small; slave states versus free; national versus state; and so on…
The Politics
Behind the Constitution
Thomas Jefferson
Not only wrote ideals in the Declaration, but also spoke explicitly and eloquently about the abhorrence of slavery, its fundamental incompatibility with natural law.
*
The Politics
Behind the Constitution
Yet, Jefferson himself was a slaveowner. He never emancipated any slaves not in the Hemmings family, and he never forcefully advocated abolition in government. What’s more, he reacted with alarm at slave revolts.
The Politics
Behind the Constitution
How can we reconcile Jefferson’s egalitarian commitments and democratic ideals with the reality of his life and his actions?
From Philosophy to Politics
Philosophy
– natural law
– social contract
Politics
– economics
– power
From Philosophy to Politics
The Political Fault Lines
I. Federal vs. State
II. Big States vs. Small States
III. Slave States vs. Non-Slave States
The Fault Lines:
Federal vs. State
Federalists
– trusted elites (educated and propertied)
– favored representative gov’t (i.e., a republic)
– emphasized importance of a strong federal gov’t
Anti-Federalists
– trusted common man (farmers and laborers)
– favored more direct democracy
– emphasized dangers of a strong federal gov’t
The Fault Lines:
Federal vs. State
Resolution…
1. Supremacy Clause
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”
U.S. Const. art. VI, Paragraph 2
The Fault Lines:
Federal vs. State
Resolution…
2. Commerce Clause
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
U.S. Const. art. I, Sec. 8
The Fault Lines:
Federal vs. State
Resolution…
3. Federalism
4. 10th Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Fault Lines:
Big States vs. Small States
Two Rival Plans
Virginia Plan (Big States)
New Jersey Plan (Small States)
*
The Virginia Plan
Representatives Allocated by Population
Power to Veto State Laws
Power to Use Military Against States
Council of Revision
*
The New Jersey Plan
Representatives Allocated by State
(equal number to each)
Federal Gov’t Powers Akin to Articles
(weak)
*
The Great Compromise
(aka The Connecticut Compromise)
Two Chambers
The upper-chamber (Senate) would be composed of two delegates sent from each state.
The lower-chamber (House) would be composed of representatives based on population.
*
The Fault Lines:
Slave vs. Non-Slave
As the Constitutional Convention turned to the issue of slavery, Gen. Charles C. Pinckney [SC] “declared it to be his firm opinion that if himself and all his colleagues were to sign the Constitution, and use their personal influence, it would be of no avail towards obtaining the assent of their constituents. South Carolina and Georgia cannot do without slaves.”
The Fault Lines:
Slave vs. Non-Slave
The Fault Lines:
Slave vs. Non-Slave
The word “slave” does not appear in the Constitution. The Framers consciously avoided the word, feeling it would stain the document.
The Fault Lines:
Slave vs. Non-Slave
Nevertheless, slavery is integrally woven in the Constitution.
The 3/5 clause — which counted slaves as 3/5 a citizen in apportioning representation — gave the South extra Reps in the House and extra votes in the Electoral College.
Banned Congress from regulating the slave trade for 20 yrs.
Required the return of runaway slaves to their owners.
Gave the federal government the power to put down domestic rebellions, including slave insurrections.
The Fault Lines:
Slave vs. Non-Slave
The Great Compromise, cont.
Majority Rule
Commerce Clause
Necessary and Proper Clause
Checks and Balances
Ambiguity
Punts (e.g., right to vote)
*
Missing Fault Lines
John Adams to James Sullivan on the suffrage (1776)
Sir, it is dangerous to open so fruitful a source of controversy and altercation as would be opened by attempting to alter the qualifications of voters; there will be no end of it. New claims will arise; women will demand the vote; lads from twelve to twenty-one will think their rights not enough attended to; and every man who has not a farthing, will demand an equal voice with any other, in all acts of state. It tends to confound and destroy all distinctions, and prostrate all ranks to one common level.
Conclusion
Earlier we talked about TJ – who publicly opposed the idea of slavery yet himself owned slaves. The question I asked was how we reconcile the disunion between his ideals and actions?
*
Conclusion
Well, the same holds for our nation’s founding documents. How do we appraise a Declaration and Constitution that both condone slavery and simultaneously offer the rationale for its overthrow?
*
CHALLENGES OF
PRESIDENTIAL DECISION-MAKING
Matthew N. Beckmann
1
Looking across Pennsylvania Avenue, the
White House is a model of neatness.
Things are hardly so tidy inside the West Wing.
The President is too
busy to study…
…the issues
are complex,
information is limited…
…reporters care more about political scandals, gaffes, and controversy than policy clarity…
…and opponents are eager to highlight divisions, exploit vulnerabilities, and criticize hesitation.
Everyone has a plan until they get punched in the mouth.
Mike Tyson
Neustadt’s
“Rule of First Things First”
“The net result may be a far cry from the order of priorities
that would appeal to scholars or to columnists –
or to the President himself.”
PUBLIC DEMANDS
Speeches
Crises
Ceremonies
POLITICAL DEMANDS
Reporters
Fundraisers
Scandals
“But if you happen to be president just now, what you are faced with, mainly, is not a public-relations problem but an endless string of decisions….
They don’t order themselves neatly for his consideration but come in waves, jumbled on top of each other.”
— Michael Lewis
“Obama’s Way” in Vanity Fair
“I have learned that leadership is all about making decisions… A President is the decider, and most often, time doesn’t permit the luxury of long deliberation.”
— Andy Card, Chief of Staff, Bush 43
THE BASIC CHALLENGE:
Make Good Decisions
18
THE BASIC CHALLENGE:
Make Good Decisions
QUICKLY
19
A DECISION-MAKING SYSTEM
Need Process To..
Focus Agenda
Generate/Analyze Proposals
Winnow Specific “Options”
Structure Deliberation
Implement Decision!
The Spokes of the Wheel Model
A DECISION-MAKING SYSTEM
OMB
Treasury
Political Affairs
Legislative
Affairs
Press Sec
CEA
CoS
Commerce
The Spokes of the Wheel Model
A DECISION-MAKING SYSTEM
OMB
Treasury
Political Affairs
Legislative
Affairs
Press Sec
CEA
CoS
Commerce
Senate
Republicans
Senate
Democrats
House Republicans
House Democrats
The Spokes of the Wheel Model
A DECISION-MAKING SYSTEM
OMB
Treasury
Political Affairs
Legislative
Affairs
Press Sec
CEA
CoS
Commerce
Family
Friends
Groups
Everyone!!
Senate
Republicans
Senate
Democrats
House Republicans
House Democrats
Governors
Interns
JIMMY CARTER AND THE TENNIS COURT
“For time being, our family & guests.
Staff & Cabinet –
on occasion – can request use from me.”
YET
EVEN
CARTER
HAD
A
LIMIT
RICHARD NIXON AND THE “BERLIN WALL”
“The Standard Model”
Walcott and Hult (2005)
Hierarchical
Formal
Clear Chain of Command
Subject-Specific Advisors
27
A DECISION-MAKING SYSTEM
The Pyramid Model
President
CEA
Politics
CoS
OMB
Treas.
NEC
Leg
Deputy CoS – Policy
Deputy CoS – Operations
A DECISION-MAKING SYSTEM
Spokes of Wheel
Access to Oval:
Lots of People
Few Filters
Pyramid
Access to Oval:
Few People
Many Filters
TOUGH CHOICES
Henry Kissinger noted the President doesn’t make easy decisions; he makes the hard ones. Kissinger called these “51/49 decisions.”
TOUGH CHOICES
Indeed, Presidents must routinely confront decisions that are…
Some problems presidents face are idiosyncratic to the particulars of a time, a president, or a staff.
Other problems plague every president. The following are some of the most common…
PROBLEM 1: LEAKS
Losers in internal policy debates may take their case public by “leaking” it to the press.
Example:
Nixon &
Plumbers
“Obama had one pet peeve that could make him lose his cool. It was a common source of anger for presidents: leaks… Naturally in Washington nearly every time he got upset about leaks it leaked.”
PROBLEM 2: OVERZEALOUS STAFF
Tempting to ensure the boss makes the “right” decision by shading information (or simply doing it without asking).
Example: Reagan and Iran Contra
Bush 41
&
Sununu
PROBLEM 3: “THE BUBBLE”
White House staffers
can be slow to…
Give bad news
Point out problems
Offer criticism
Obama, Press Conference 11/14/13
“I was not informed directly that the website would not be working the way it was supposed to. Had I been informed, I wouldn’t be going out saying, ‘Boy, this is going to be great’…
I don’t think I’m stupid enough to go around saying this is going to be like shopping on Amazon or Travelocity a week before the website opened if I thought it wasn’t going to work.”
PROBLEM 4: GOING NATIVE
Appointees can become
advocates for their agency
rather than for president.
Example: Kennedy & Webb
Presidents must
rely heavily on their staff.
THE PRESIDENT’S HEART AND MIND
The problem is staffers’ actions might not reflect the president’s preferred ones.
THE PRESIDENT’S HEART AND MIND
THE PRESIDENT’S HEART AND MIND
This rarely reflects malicious intent; rather it
emerges from normal human impulses:
uncertainty, ambition, earnestness, and beyond.
THE PRESIDENT’S HEART AND MIND
The Chief of Staff’s job is
minimizing such biases.
THE PRESIDENT’S HEART AND MIND
Pick people who are
Competent
Committed to the President
(not just policy, not just self)
THE PRESIDENT’S HEART AND MIND
2. Run process that
privileges good information
faithfully/efficiently moves up/down chain
THE PRESIDENT’S HEART AND MIND
Ultimately, then, it is up to the President to not only demand his staff’s loyalty, but also to channel it.
Insist on differing ideas
Appreciate honest assessments
Demand credible evidence
Deeds > Words
As President Clinton’s former staffer, Bruce Reed, put it…
“Sooner or later, the fate of every White House comes down to the way the President thinks.”
?
?
?
?
?
?
CHALLENGES OF
PRESIDENTIAL DECISION-MAKING
Matthew N. Beckmann
CBS 60 Minutes
http://www.cbsnews.com/news/emmett-till-murder-fueled-a-movement-60-minutes/
*
Outline
I. Introduction
II. Distinguishing Civil Rights from Civil Liberties
III. The Long, Hard March to De Jure Equality
A. Slavery
B. Legal Racism
IV. Civil Rights Beyond Race
V. The Ongoing March to De Facto Equality
VI. Southern Politics
VII. Conclusion
Civil Rights
Refer to the positive acts governments take to protect individuals against discrimination based on race, gender, national origin, age, sexual orientation, and the like.
Rights Attained When Gov’t Steps In
Civil Liberties
The personal rights and freedoms that governments cannot violate by law, constitution, or judicial interpretation.
Rights Attained When Gov’t Stays Out
Distinguishing
Civil Rights from Civil Liberties
De Jure vs. De Facto
De jure is a Latin phrase meaning
“by law” or “legally.”
De facto is a Latin phrase meaning
“in fact but not in law.”
The Long, Hard March to De Jure Equality
Slavery
Slavery at the Founding
– 3/5 Compromise
– 20 year ban on regulating slave trade
– Federal gov’t had power to fight slave rebellions.
– Senate had balance of free and slave states
The Long, Hard March to De Jure Equality
Slavery
The Missouri Compromise (1820-1821)
Continued Sanctioned Slavery in South
Continued Senate Parity of Free vs. Slave (Maine for Missouri)
The Compromise Slipping (1830s-1870s)
Ideological Abolitionists
White Labor Economics
California’s Admission to Union
…But Then…
The Long, Hard March to De Jure Equality
Slavery
Fugitive Slave Law
+
Dred Scott v. Sandford
(1857)
Court, in 5-4 decision, held…
Constitution says slaves are property, not citizens.
– Federal government cannot take people’s property.
The Long, Hard March to De Jure Equality
Slavery
Abe Lincoln’s Election
“Free Soil, Free Labor, Free Men”
Emancipation Proclamation (1863)
& Civil War (1861-1865)
The Long, Hard March to De Jure Equality
Slavery
The Long, Hard March to De Jure Equality
Slavery
13th Amendment (1865):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction…
[In short: abolished slavery]
The Long, Hard March to De Jure Equality
Legal Racism
14th Amendment (1868):
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…
[In short: granted citizenship & the civil liberties that go with it]
The Long, Hard March to De Jure Equality
Legal Racism
15th Amendment (1870):
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude…
[In short: (re)guaranteed right to vote.]
The Long, Hard March to De Jure Equality
Legal Racism
Plessy v. Ferguson
(1896)
established doctrine of
“separate but equal”
The Long, Hard March to De Jure Equality
Legal Racism
Brown v.
Board of Education of Topeka
(1954)
“separate education facilities
are inherently unequal.”
The Long, Hard March to De Jure Equality
Legal Racism
Jim Crow Laws (re)instituted segregation
(1870s-1960s)
Voting Discrimination cemented it.
– white primaries
– poll taxes
– literacy tests
– grandfather clauses
Example of Literacy Test
The Long, Hard March to De Jure Equality
Legal Racism
The Civil Rights Movement!
MLKJ’s
“Letter from a
Birmingham Jail”
Haley Barbour
“I just don’t remember it as being that bad.”
The Long, Hard March to De Jure Equality
Legal Racism
The Civil Rights Act of 1964
Allowed the federal government to proactively prosecute discrimination in public accommodations, schooling, employment, and voting.
The Voting Rights Act of 1965
Allowed the federal government to proactively register voters, veto state changes to election laws, and monitor their elections.
Civil Rights Beyond Race
Age
Sex
Sexuality
Religion
National Origin
???
Civil Rights Beyond Race
Americans with Disabilities Act, 1990
This legislation created comprehensive civil right protections for individuals with disabilities. It prohibits discrimination on the basis of disability, requiring people provide “reasonable accommodation”…
– in private employment
– all state and local government agencies
– places of public accommodation (e.g., museums, restaurants)
– and mandates accessibility to communication services
The Ongoing March to De Facto Equality
Even as the formal, legal barriers to equality continue to be broken down, inequalities persist in society. These disparities are not legally mandated but rather “bubble up” from America’s social and economic forces.
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
The Ongoing March to De Facto Equality
Women earn less than men even within the same occupations. In the 20 most common occupations, women had lower median earnings than men in all but one category.
The pay gap starts right out of college. Millennial women make 82 cents for every dollar men make.
The pay gap persists thereafter. Controlling for factors such as job choice, GPA, alma mater, children, time off of work, and other factors, women’s pay was still 12% below men decades into their careers.
From Law to Politics
While many aspects of discrimination implicate legal issues of justice, they are also highly political.
Partisanship &
Southern Politics
Partisanship &
Southern Politics
Upon signing the CRA of 1964, Lyndon Johnson reportedly told an aide, “We have lost the South for a generation.” He underestimated.
Partisanship &
Southern Politics
# Southern Democratic Congressmen
1964
1994
2010
Partisanship &
Southern Politics
Supreme Court Decision
Shelby Country v. Holder 2013
VRA, Section 5
Alabama,
Alaska,
Arizona,
Georgia,
Louisiana,
Mississippi,
South Carolina,
Texas,
Virginia
+ localities
“Our Country has changed.”
Conclusion
Equality is a cornerstone of democratic thought, and an integral component of the American Dream.
Conclusion
But “equality” is a thorny concept…
Equality of Opportunity
vs.
Equality of Results
Midterm Stuff
Bring a Big Blue Book!
Bring a Pen!
6 of 10 IDs 5 pts each (total 30 pts)
1 “essay” (total 70 pts)
Midterm Stuff
1. Define the term, citing readings and lectures(s)
(e.g., “A tyrant, as mentioned in Federalist 69, is a political leader who assumes power over citizens without being accountable to them.”)
2. Explain why this is important to the topic/class.
(e.g., for example, “Tyranny was an important concern during the founding, causing many to demand ‘checks’ on the government powers be included in the Constitution, including a specific Bill of Rights…”)
“Essay”
Read the Situation
Remember, this is an Exam!
Use Class Ideas and Materials to Answer.
Answer All Parts.
Midterm Advice
Budget your time well.
Write clearly.
Don’t assume “You know what I meant.”
Explain – with course materials.
Lecture is backbone; modules, readings, and sections are supplements.
Not a vocab test. More focus on key concepts and how they apply.
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