I’m working on a humanities multi-part question and need an explanation and answer to help me learn.
Politics is the study of WHO is to receive WHAT of Value and HOW that distribution is to occur
–What society values can vary from society to society as well as historically
Money?
Property?
Freedom(s)?
–An underlying theme of Politics is Conflict and Conflict Resolution since there will always be disputes over how valuable resources are distributed.
CONFLICT AREAS
1) Differing beliefs over what is Right and Wrong in society?
2) What should the goals of society be?
3) How valuable resources should be distributed?
DEFINING GOVERNMENT
A political association-structure-relationship with five primary functions:
1) Establishes rules for valuable resource distriburion
2) Regulates the use of force in society (Govt-citizen) (Citizen-citizen) (Citizen-Govt)
3) Provides public services
4) Creates and implements public policies
5) Preserves a nation’s culture and values (identity)
–Government can be structured in different ways:
Democracy (Government ruled by the people)—————————Dictatorship (Government ruled by a single person)
–The US reflects an Indirect or Representative Democracy where citizens vote to decide who will me making political decisions
***THE GOVERNMENT EQUATION***
Much of our study in this class is about how US Politics balances Individual Freedoms/Liberty vs Societal Needs/Stability
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CHAPTER 2/3–Constitutional Basics
- FOUNDATIONS OF THE CONSTITUTION
Foundations of the Constitution***THE US CONSTITUTION IS FOUNDATION OF LAW AND GOVERNMENT FOR THE UNITED STATES***–All laws begin and end with the Constitution–Distinct from the Declaration of Independence which is an important HISTORICAL but NOT a modern LEGAL document (Many of the ideas and principles are embodied/reflected in the Constitution)–The Constitution was derived from English Law, Colonial Government experience, Articles of Confederation–The Arts. of Confederation were the first national government documents and lay the groundwork for the Constitution like a prototype–however, the AC’s had severe limitations and weaknesses–The Const. is divided into two separate sections—Articles and Amendments (the first Ten Amendments are the Bill of Rights) (The first three Articles outline are Government structure)–The Great Compromise established the Bi-Cameral system of two chambers: 1) House of Representatives where States are represented by population for a total of 435 and 2) The Senate which has 100 Senators reflecting equal representation–The earliest political parties were Federalists and Anti-FederalistsFederalists: Supported a strong central govt and wrote the Federalist Papers (essays on political theory and govt ideals)Anti-Federalists: Supported a weaker central govt and more power to States. Wanted a Bill of Rights in the Const whereas Federalists opposed
- FOUR PILLARS OF THE CONSTITUTION
FOUR PILLARS OF THE CONSTITUTIONIn order to understand how how everything interlocks in Government, I have combined Chapters 2-3 intoFour (4) main Constitutional Principles:
I. SEPARATION OF POWERS/CHECKS AND BALANCES:–These two companion elements work together:SOP divides the Government into three distinct branches:1) Legislative (Art I Section 1): Congress whose function is to create law2) Executive (Art II): Headed by President whose function is to Implement (Carry out) law and Enforce3) Judicial (Art III): Federal Court system whose function is to resolve disputes, Interpret lawsChecks and Balances are all of the ways that protect from one branch gaining too much dominance over the others1) Veto power–the President can Veto acts or laws by Congress2) Veto Override–Congress can in turn override the Veto3) Supreme Court declaring an act or law Unconstitutional which means it is not permissible and thus struck down/voided
II. FEDERALISM–Federalism is the sharing of power between the National and State Governments. The balance of power has long been a contested issue–The importance of that balance is found in the Constitution in two places:1) Art. VI (6)–The Supremacy Clause which states the Constitution and Federal Law overrides State law2) 10th Amendment–Known as Reserve Powers Doctrine and stands for idea that powers not specifically given to the Federal Government are reserved to the States (Anti-Federalists favored this provision)Devolution: Shifting responsibility for program administration from the Federal government to the StatesFederalism is seen in a wide array throughout organizations/programs. One great example is in the form of Grants–essentially money and resources provided for some purpose. Grants come in different forms with two of the more common ones being:a) Block Grant: Grants assigned to a general policy area such as Public Health or Education. Blocks provide the most flexibility to the Statesb) Categorical Grant: More narrow and specific in purpose and scope. ***A good analogy would be a parent providing $ 500 for education expenses (Block grant) vs $500 for textbooks or a laptop (Categorical)Federalism has changed over time depending on the historical period (which is why Chapter 3 has a large discussion of historical context)
III. LIMITED GOVERNMENTThis pillar covers every way in which Government power is limited, restricted or held accountable to the people.–Terms limits (How many times an elected official may serve in a role such as the President who has a Term Limit of 2)–Term Length (How long an elected official serves in the role for a cycle–President: 4 years; House Member: 2 years; Senate: 6 years)–Bill of Rights–The structure of Government that makes it inherently difficult for any one branch to not be limited by the actions of the other
IV. JUDICIAL REVIEW–Ability of a Court (often the Supreme Court) to declare an Act or Law unconstitutional which voids it–NOT found in Art. III but rather arose from Marbury v. Madison–Greatly expanded Supreme Court power and authority–Can change over time—-A Court decision in 1800’s may be radically different when decided in the 2000’s - FOUR (4) METHODS OF CHANGING THE CONSTITUTION
FOUR (4) METHODS OF CHANGING THE CONSTITUTIONThe US Constitution is a remarkably flexible and adaptive documentThere are Four primary ways in which it may be changed/modified/given meaning/defined:I. FORMAL AMENDMENT–Least common but most noticeable–A structural change in which something is added to the Consitution–Requires a two-phase process:a) Proposal: 2/3 of Congress must agreeb) Ratification: 3/4 of States must agree***VERY DIFFICULT TO ACHIEVE
II. JUDICIAL INTERPRETATION–Most common method for meaning to be given to the Constitution–Involves Courts deciding what words/phrases/principles mean–If someone asks “Well how does one know what Freedom of Speech means?” We would answer “The Supreme Court has decided that….” meaning the Court has concluded when, if and to what extent Freedom of Speech exists
III. LEGISLATIONCongress is responsible for implementing details and creating pieces of Government–The size of the House–The creation of Agencies like NASA or Homeland Security–The number of Justices on the Supreme Court
IV. CUSTOMSome aspects of Government exist simply because they have been part of Custom not mentioned in the Constitution but simply accepted and adopted.–Executive Agreement—a type of International agreement much like a Treaty. For an excellent case study:Google: “Obama Executive Agreement Iran”–Executive Order–a type of Directive a President can issue to accomplish all types of varied policy objectivesGoogle: “Trump Administration Executive Orders”–Commerce Clause found in Art 1 Section 8: It has been used and some would say misused over time to accomplish all types of legal objectives despite the fact that it was arguably never intended for such application
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