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in a democracy, an organization that manages potential conflicts between political rivals, helps them to find mutually acceptable solutions, and makes and enforces the society's collective agreements.
Time, resources, effort required to make collective decisions.
Example: creating constitution.
-If constitution is well designed it can reduce the transaction costs
Parties help pay them associated with coordination
Conform.& trans. costs have inverse relationships.
Lower:Legislative branches, national appeals, costs associated w/legislating.delegating.
the difference between what a person ideally would prefer and what the group with which that person makes collective decisions actually does. individuals pay conformity costs whenever collective decisions produce policy outcomes that do not best serv
Authority to prevent proposals from being considered·
Positive: agenda setter can introduce a choice to the collectivity. Everyone enjoys right.
Negative: Where some members exercise proposal power.
o Congressional committee recommendations.
Public opinion can persuade president agenda control. Collective action helps solve this. Veto is a negative Agenda tool.
When members of a collectivity share decision-making authority the outcomes are determined by some previsiouly agree-to rule.
· Most prominent: Majority or simple rule, one-half plus one.
· Plurality Rule: candidate receives the most votes wins. States and congress prefer this.
· Supermajorities: two-thirds of the house and the senate must override the bill.
Example of steep transaction costs.
the discrepancy between what citizens ideally would like their agents to do and how the agents actually have
· Discrepancy between what a principle would ideally like its agents to do and what to do.
o Potential for agency loss is inherent in the principle agent relationships.
· Prevent this by: Accountants getting certified, elections, the opposing party.
- Costs are borne collectively
- Nobody can be excluded from a good.
Example: Parks, Freeways, etc.
- Costs are borne through private/public investments
- Confer private as well as public benefits
Example: Education benefits the person and also the community.
checks and balances
a constitutional mechanism giving each branch some oversight and control of the other branches
- Legislative, executive and Judicial branches empower to check the power of the other branches. preventing anyone from being too powerful.
- divivied in to three branches: Legislative, judicial, and executive.
o Reduce conformity costs
Clear division of governing authority between national and state governments.
"the powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Federalism. State Rights
Powers not delegated under the constitution go to the states or to the people
Included in Bill of rights.
Positive renforcements from the federal gov.
Inducements for state to provide services that they other wise might not offer, or could not afford
- Often with strings attached
-Give federal government the power to define “state” programs. Examples: Food stamps.
a broad grant of money given by the federal government to a state government
- An exact amount of money provided by the government for a specific purpose.
- States have an incentive to spend exactly what the federal government probes
· Medicare with states
· Any expansion would have to come form state offers
· Any leftover money would remain the federal treasure
matching funds, usually between 1 and 2 dollars to ever 1 dollar spent by states
The federal government matches state spending with 1-4 dollars of federal spending.
Creates a moral hazard
· A situation in which people or groups behave differently and take more risks, when they do not have to pay all the costs of their actions.
· Benefit: Trying to keep the states invested when their economic times are rough
o Expansion of Medicaid, the Obama Act, Tax Cuts.
- Competition among states that involves adopting policies that each state would prefer to avoid
race to the bottom
states compete to provide the minimum level of services or regulation
o A minimum requirement for states to follow.
- Federal minimum wage, welfare programs.
o We want states to compete on some level for better business and health but want to have a bottom floor that they can build on.
Redrawing and election district in a way that vies the advantage to one party.
· Thee degree of authority delegated to and exercised by congressional party leaders varies with- is conditioned by – the extent of election- driven ideological consensus among members.
Speaker of the House
the presiding officer of the House of Representatives.
elected at the beginning of each congressional session on a party-line vote.
has substantial control over the legislative agenda of the House
one of the most important committees in the House, which decides the length of debate and the scope of amendments that will be allowed on a bill.
a parliamentary procedure used to close debate.
used in the Senate to cut off filibusters.
3/5 of senators or 60 must vote for cloture to halt a filibuster
used in Senate to halt action on a bill.
can be stopped by 3/5 or 60 cloture
An attempt to kill a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action on the bill
A method by which the president vetoes a bill passed by both houses of Congress by failing to act on it within 10 days of Congress's adjournment
permanent congressional committees made up of members of the House and Senate.
do not have any legislative authority.
monitor specific activities and compile reports.
removes a measure from a committee to which it has been referred in order to make it available for floor consideration.
must be signed by a majority of House members (218)
vote taken by a call of the roll to determine whether a quorum is present, to establish a quorum, or to vote on a question.
House- electronic voting unless malfunction
"necessary and proper" clause
last clause of Article I, Section 8 of the Constitution.
Article I, Section 8 of the Constitution that gives Congress the authority to regulate commerce with other nations and among states
"take care" clause
the provision in Article II, Section 3 instructing the president to "take Care that the laws be faithfully executed."
the powers or privileges that are conferred on citizens by the Constitution and the courts and that entitle them to make claims upon the government.
protect individuals from arbitrary or discriminatory treatment at the hands of the government
constitutional provisions, laws and practices that protect individuals from government interference, what governments CANNOT do
The constitution’s protections from government power, meaning the government may not take these freedoms away. Figure prominently in the nationalization of public policy and the shift in political authority away from state governments and to the federal government
A part of collective Action
Described as the difference as authority and power. They can rule what ever they want but they are constrained what they rule. Court is always looking for the narrowest-----
apply the amendment to bring state law in line with the Bill of Rights.
The government must respect all of the legal rights that are owed to a person according to the law. This keeps individuals protected from the states and keeps the government accountable to the law.
due process clause
found in both the 5th and 14th amendments to the Constitution protecting citizens from arbitrary action by the national and state governments
Prohibits state/local governments from depriving persons of life, liberty, or property without certain steps being taken
equal protection clause
14th amendment clause guaranteeing all citizens equal protection of the laws.
courts have interpreted the clause to bar discrimination against minorities and women.
Supreme Court's gradual process of assuming guardianship of civil liberties by applying piece-meal the various provisions of the Bill of Rights to state laws and practices
SCOTUS rulings that apply 14th to bring state law in line with the Bill of Rights. Happened over time.
o Complicated but the fact that SCOTUS justices are inescapably influenced by ideological leanings.
clear and present danger test
a rule used by the Supreme Court to distinguish between speech protected and not protected by the 1st amendment.
the 1st amendment does not protect speech aimed at inciting an illegal action
free exercise clause
the second clause of the 1st amendment.
forbids the national government to interfere with the exercise of religion
the Lemon test
must have a secular legislative purposeprimary effect must be one that neither advances nor inhibits religionmust not foster an excessive government entanglement with religio
o Statue- some kind of secular propose. Furthering some kind of proper aim.
o Primary effect of the law-want a law that is religion neutral.
o Don’t want to create and favorite tie.
The ruling that evidence obtained in illegal search may not be used in trial.
has been passed by both the Senate and the House and has been sent to the president for approval
when one political party controls the executive branch and the other controls one or both houses of legislature
when presidents engage in intensive public relations to promote their policies to the voters and thereby induce cooperation from other elected officeholders in Washingto
· When president is unable to bargain with congress, he may choose to go public.
o Public relations campaign to promote president’s policies to voters along with president’s wishes.
o Wants to get enough people on his side so members of congress will change their mind.
May choose to do major or minor addresses.
a federal law intended to check the power of the President in committing the United States to an armed conflict without the consent of Congress.
War Powers Act
Law that requires the president to inform Congress within 48 hrs of committing troops abroad in a military action
o Modify administrative rules
o Change decision making procedures
o Give force or substance to Congressional statutes
Sometimes used to assert constitutional authority.
when a president claims prerogative to attach signing statements to bills and asserts his/her right to modify implementation or ignore altogether provisions of a new law that encroaches on his/her constitutional prerogatives as "the chief executive"
Introduced when George W.Bush was in office.
o Essentially that the president has command authority over executive agencies
o May remove all subordinates
o May order subordinates to take particular actions
o May veto any constraints place on executive agencies by Federal Law
Executive Office of the President
a collection of agencies that help the president oversee department and agency activities, formulate budgets and monitor spending, craft legislation, and lobby Congress.
Est.1939 Franklin Roosevelt
white house officeoffice of management and budgetn
Social work devoted to the needs of individual clients or cases.
the activity undertaken by members of Congress and their staffs to solve constituents' problems with government agencies
- Members of congress spend time at home going through casework etc.
- They do this so they can be home and still get voters to vote for them.
Jim Crow laws
a series of laws enacted in the late nineteenth century by southern states to institute segregation.
created "whites only" public accommodations such as schools hotels and restaurants
In the First Amendment, the principle that government may not establish an official religion.
a head of state or officer in supreme command of a country's armed forces.