POLS 207 Chapter 4

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The Origins of Concern with Government

USA established prior to industrialization; government played little role, people had a few well-known neighbors, and information was limited to the speed of a horse.

Periods of Government in America

concepts have evolved as USA has grown

No Government Period: 1776-1850

Revolutionary war; we just won independence.

states evolved into a new federal system, but states alone could not deal with external threats and commerce

county government was most prominent and the only government interaction with the people.

people were more resourceful and less dependent: relied on family, friends, neighbors, and the community

self-dependence and The best government is the least government since government had little influence in people's lives

traditionalist view of government.

Central Ideas from the No Government Period

Families are self-dependent, but can count on neigbors; sense of community
Government is not an institution to be turned to when there is trouble; any contact with gov't is usually adverse
Government should do very little (best is least)

Municipal Government Period: 1850-1895

Ports became largest cities and centers of commerce.

Urbanization as workers lived near cities; strangers caused loss of sense of community

Increased crime rates and government supposedly began responding to large-scale problems.

building codes
work regulations

More dependence to unskilled immigrants; start of government education system.

If government is to help cope with problems, it should be local government, because local government is closest to the people and knows what they need.

Government began to provide more services, and candidates started providing services. Corruption was very expensive and frowned upon.

Wards were ethnically distinct districts.
Ward Heeler politicians would reach out to develop neighborhood loyalty to win votes
- sucked-up to working class majority of citizens; start of modern-day political corruption
- frowned upon because of corruption, but those who benefitted the most would continue to vote for him/her

Development of urban political machine to get people elected; resulted in much corruption. State legislature ended political machines

Central Ideas from the Municipal Government Periods

Outcomes of mass-participation elections could change policies.
Organization was important to winning public office, resulting in originally high-turnout elections.
Public trust meant that public decision makers had to behave more responsibly than private decision makers.
Inefficiency and corruption in government can cost individuals higher taxes, especially those with money.
Those in public office can violate the public's trust and can be criticized for doing so.

State Intercity Government Period: 1895-1932

Call for Responsible people in charge of government.

Dealing with robber barons in oil, railroad, and steel industies

Economic crash of 1873 was result of machines trying to overextend cities: uncontrolled spending... sound familiar?

Civil service system municipal employees chosen by merit rather than political loyalty, and positions were retained by good performance and not votes to machine leaders.

Changing the arena of conflict: those in state power enforced changes on municipalities to dispense corruption

1878: Thomas Cooley (lawyer) argued that local gov't should deal with specific services, and state gov't should have more general powers.

Dillon's Rule: municipality has following powers:

those explicitly granted
those necessary or implied by (1)
those essential to purposes of municipality, not just convenient
any dispute for a power is resolved by courts against corporation, and power is denied.
All powers beyond those granted (1-3) are void.

In other words, city law became secondary to the supreme state laws.

Constrained municipalities from solving problems creatively and independently, but limited opportunities for municipalities to ignore problems.

States became active in passing statutes affecting life in the cities

Common law, a series of case-by-case judicial court principles for resolving interpersonal disputes, adopted from Great Britan was no longer adequate for large cities:

States became active in passing statutes to undo a common law that predated modern urban life.

Intrastate commerce (from farms to cities) became more important: States began passing statutes to regulate railroads, waterways, and land-routes between cities.

Local government is a creation of the state government.

Reform, the idea that government institutions can be manipulated to achieve intended results, became more popular:

Changing institutions could alter human behavior. Society would be improved. (there are several examples of where this isn't the case)

Central Ideas from the State Intercity Government Period

State government could also become active. Many problems were forcing such governments to do so.
Under the name "the reform movement", many sought to undo urban machines using state government to pass laws shaping municipal elections and procedures which were forced on the cities under the Dillon rule.
The decline of urban machines as a result of the "reforms" enacted led to the belief that laws can shape behavior and outcomes.
The success acieved by opponents of machine government created recognition that, in the American Federal system, you could lose at one level, shift the contest to another level, and win there.
States could regulate intercity or intrastate commerce, require municipalities to adhere to health and building codes, and supercede common laws.

Federal Government Era: 1932-Present

US driven into this era by

The Great depression
Declaration of war against Japan and Germany

Led by President Franklin Roosevelt

Federal government suddenly became responsible for managing the economy and actively providing national defense

The federal government took on the role of guardian and protector.

Federal expenditures began to skyrocket after WWII.

Federal Government's Income Tax (readopted in 1913) and borrowing money made federal government the wealthiest government

Dawn of "entitlement" mentality and public's unprecedented dependence on the government.

Grants with strings attached began to appear (and states became puppet governments)

deficit spending (government spends more money than tax revenue generates, so it spends borrowed money at this point)

The federal government is of the right scale to deal with problems that extend beyond not only the borders of local or state government, but also beyond national boundaries.

National standards took precedence over local standards

New Federalism: (proposed by Reagan)

Individuals make better decisions than institutions (private sector superior to public sector)
Businesses make better decisions than governments (less government is preferable to more government)
Governments closer to the people make better decisions than more distant governments. (state and local governments make better decisions than the federal government)

Federal share of government spending decreased during Reagan, Bush 41, and Clinton.

public aid and gov't spending shifted from federal to state levels (one goal of New Federalism accomplished)
overall spending per capita did not decrease: it has been increasing since 1930 and only plateaued during the shift
size of government did not change.

Central Ideas from the Federal Government Era

Government should take responsibility to soften economic hardships, help us in our old age, and assure health coverage.
National defense and international involvement are also continuing responsibilities of the national government.
National standards for discrimination, food and drug standards, pornography, car safety, and even the quality of education can override local standards.
National funds can be given to state and local governments with conditions or strings attached.
The federal government can operate beyond its means by borrowing money.
For world, national, and even local problems, we turn to the federal government. >.<

Centralization of Government

Federal government instituted domestic programs, and funding has shifted to the states.

Confederacy and Federalism

Unitary Government

National government oversees entire nation

Local governments only do bidding of national government.

Confederacy

Original form of government by 13 colonies

States are sovereign, independent governments, but they report to a central government of governments that undertakes programs and services desired by all constituent governments.

Member governments can secede without permission or approval.

American Federalism

"As you all know, the states' representatives who met in Philadelphia to amend the Articles of Confederation exceeded their authority and drafted a new Constitution"

really? I didn't know that.
ambiguity: Does 'their' refer to the representatives or the Articles of Confederation
ambiguity: Assuming that 'their' refers to the representatives, did they exceed their authority by drafting a new Constitution? Or did they exceed their authority, thereby requiring the drafting of a new Constitution?

2 governments for each individual

Allows central government to cope wth national problems without unanimous consent of the states.

Supremacy Clause: Laws of federal government override those of state and local governments.

Laws of the United States . . . shall be the supreme Law of the Land: and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding. US Constitution, Article IV

Limiting the Federal Government

Congress has 16 enumerated powers plus a 17^th necessary and proper clause: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers"

Commerce clause (one of 16 enumerated powers) giving Congress the right "To regulate Commerce . . . among the several States" has been the basis for involvement in national economy.

reserve powers amendment, the 10^th Amendment of the Bill of Rights, states "The powers not delegated to the United States by the Constituton, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

due process and equal protection clause in 14^th amendment: "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."

State Responsibilities to Other States

full faith and credit clause, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceeding of every other State." The authors of the book attempt to state that abortion should be included as a public act/record/proceeding.

privileges and immunities clause guarantees that "The citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." In other words, states have to treat nonresidents the same as residents of that state.

rendition and extradition clause requires criminals who flee one state should be returned to the state where the alleged crime took place.

Judicial Interpretation by the U.S. Supreme Court

US Supreme Court interprets the constitution

Marbury v. Madison (1803) was first case to judge constitutonality of government acts.

McCulloch v. Maryland (1819) prevented states from taxing the federal government.

Garcia v. San Antonio Metropolitan Transit Authority (1985) — Until Congress enacts a law, states could take action. Supreme court gave absolute power to the federal government.

State Constitutions

States' constitutions originally rewritten charters to limit power of king's governor.

National constiuton was originally 8700 words. Including amendments, it is currently 12,000 words.

43 states have longer constitutions, 28 of which are more than twice as long

Periods of State Constitution Writing

Earliest state constituitions were about 10,000 words long.

Until 1780

Americans trusted only legislatures and were leery of governors in general

1780 Through 1870

Massachusetts started idea of "balanced" government.

1870 Through 1920

South redrafted constitutions after Civil War

After Reconstruction, no constitution of fewer than 20,000 words was written. Some exceeded 50,000 words.

South wished to maintain white supremacy by limiting voting power to those who could "cast meaningful votes"
People could hold government in check

1945 Until the Present

No constitutions written between 1920 and 1945.

All constitutions written after 1945 are shorter in length (some fewer than 20,000 words).

Some states (e.g. GA and LA) have revised their constitutions.

Present State Constitutions

No correlation between constitution adoption year and length.

National Municipal League drafted "model" constitution that is about 10,000 words. Supposedly more agile, but I think that governments should be firmly well-grounded and not whimsically changing.

Constitution length increases with amendments, creating more restriction

Amending State Constitutions

2 stages:

Proposal: by citizens in some states, by legislature in others
Ratifcation: by majority or 2/3 legislative vote in most states

Conclusion

Summary

Changes in society hav eresuled in different expecations of how government is to help us and to shape what we do.
Mjor changes in the way Americans live (laziness? "entitlement?") have resulted in government at all levels becoming more active and more centralized.
Government programs attempt to solve problems and meet neds. Popular programs are not always effective and vice versa
Ongoing conflict over political power and benefits. No guarantee that government will always seek the greatest good for the greatest number.
Constitutions have changed as ideas about government have changed.