POSC 100 Miderm #1

There are certain things that are good for us but we do not pay the cost knowing that we still reap the benefit

• Things that we all want and benefit from but difficult to produce
• Special feature: once they are produced, people cannot be excluded from consuming

System where the means of production are privately owned

• Government owns the means of production
• People work for the government

• Something you are constantly embedded in yourself
• Principle = citizen: Person who has the responsibility
• Agent = representative: Delegate and "Employees" --> Have frequent election
• Solution: Elections

• Governmental participation is widely shared
• Requirements: (1) Popular sovereignty: rule of the people, (2) Political equality: one person, one vote, (3) Liberty: freesom from government intervention and actions

• Only one person makes the decisions
• Dictators

• Insurance companies barred from dropping people from coverage when they get sick
• Young adults able to stay on their parents' health plans until age 26
• Insurance companies cannot deny coverage to children under age 19, due to a pre-existing condition
• Most people required to obtain health insurance coverage or pay a tax if they don't (2014)
• Health plans no longer can exclude people from coverage due to pre-existing conditions. (2014)
• State health insurance exchanges for small businesses and individuals open (2014)

Rule of the people

One person, One vote

Government shouldn't respond to every whim but once the public has had a sufficient amount of time to debate and reflect on the issue

• First attempt at creating government
• New systems because of weaknesses from the old system
• No one authority that controls all of them
• Weak in terms of:
• (1) Taxes: no system; had to ask states for money
• (2) War: could not declare war; no taxation affects war
• (3) Money: different money in different states; holding back economic growth
• (4) Treaties: every state can do what they want; could be signed with states and coutries
• (5) Interstate commerce: for economic developement -> rules; high tax between states; tarrifs
• (6) Getting things done: Each state got one vote; Needed 9/13 votes to agree

• Written by James Madison
• Separation of powers: Dividing governmental authority; Branches of government with different roles
• Bi-cameral legislature: 2 house legislature; Each under the plan subject to population-based representation
• Population-based representation: More people in state, more representation
• Strong national government: Pass laws on everything; Harmony of the United States

• Separation of powers
• Uni-cameral legislature: Keep one legislative body; One vote per state
• State-based representation
• Limited national government: Should create national currency, borrow money, create army

• (1) Ambiguous wording: Easier for agreement on vague rather than specific; Questioned of concrete authority
• (2) Republic - not direct democracy: Democracy to Founding Fathers: representative; vote on who represents you in House of Representatives and Senate
• (3) Separation of powers (and checks and balances)
• (4) Compromises
• (5) Federalism
• (6) Bill of Rights

Count slaves as 3/5 of a person for representation

• Give national Government authority
• Lists responsibilities of government

• For economic development: rules
• High tax between states
• Tariffs

• How to select the president: Each state given a number of votes; More population, more votes; Every state gets 2 seats; 538 votes - Need 239 to become president
• Consequences: Small states have more influence; Winner does not have to have the most votes; Influences turnout

Wanted strong national government

Weak national government

• Solves the problem of factions: People inherently form groups around common interest; Also pursue their own interest; Once factions come together they will pursue policies that benefit them instead of the whole; Madison concerned poor people will vote to tax the wealthy
• Masses are not to be trusted to decide what is best for the whole

• How can you get government to control the people and also itself?
• Protect against majority
• Separation of powers
• If men were perfect beings, there would be no government. - Hobbes
• Divide government to authority

• 17 passed (over 12,000 failed)
• iThree categories: (1) Broadening the electorate; (2) Extending civil liberties; (3) More direct connection between voters and representatives

Authority that states have to regulate safety, health, and morality

Can be created or abolished

Listed Powers

• Resolve all debates and conflict between federal government and state governments
• Laws passed by the national government are "the supreme law of the land"

• 10th Amendment
• "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"
• If no power given or taken away, power to state government

Requires that the states normally honor the public acts and judicial decisions that take place in another state

• Separate realms of power
• Everything else to state governments: More powerful

McCulloch refuses to pay taxes to state government when he works for federal government (supreme court)

• "every species of commercial intercourse"
• "that commerce which concerns more states than one"

• Filburn farmer in Ohio
• Pass law that limits how much wheat you can grow on your land: Supply demand; Reduce supply of wheat, demand goes up
• Filburn has extra land: Does not sell extra wheat but will feed farm animals; People find out
• Federal government fines him: Pay $120 for his 240 extra bushels of wheat
• If Filburn feeds his animals, not going to buy wheat: Demand goes down so price of wheat will go down and may go down in other states

States and federal government work together to succeed: Marble Cake

Money given to state government to implement federal government plan

• Take away federal money
• Unfunded Mandates

regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government

• Devolution
• Limits on the Interstate Commerce Clause: US v. Lopez; US v. Morrison
• Block Grants
• Revenue Sharing

• High school kid brings gun
• People pass own law poses stiff penalties when a student brings a gun to school
• If someone brings a gun, kids scared, makes it hard to learn, hard to graduate, hard to get job, can't purchase things INTERSTATE COMMERCE
• Punished on federal law: Believed Congress did not have authority
• Lopez wins
• There are limits to federal government authority

• Violence against women
• Crimes against women were not being punished harshly enough
• Allowed women of to sue victimized women in civil court instead of criminal court: If victimized, could sue in civil court for monetary damages based on what they did to you
• If we allow women to commit crime without check, physically and emotional bad
• Virginia Tech: football players rape student: Morrison raped, comes up with different story; Girl sues
• Girl wins

Money with few strings attached: Money spent on education, health care, prisons; Have to spend money on certain kind of policy

• More power for federal government over time: Founding Fathers envisioned layered cake but state government had more power
• But states still play an important role
• Recent developments give more power back to states

• "The perfect example of what a constitution ought not to be."
• Length
• Specificity: Federal: Basic structure of government; State: Basic structure of government AND policy pronouncements; Independent university system; UC given specialized status in Constitution

• Statutory: Petition signed by 5% of the voters from the last gubernatorial election for statutes - Approximately 450,000 signatures
• Constitutional: Petition signed by 8% of the voters from the last gubernatorial election for amendments - Approximately 700,000 signatures

• To recall a statewide officer: (1) Gather signatures of registered voters equal in number to 12% of the last vote for that office; (2) In five counties, gather signatures equal in number to 1% of that county's vote; (3) Approximately 900,000 signatures
• To recall a legislator: Equal in number to 20% of district vote.

• Mandatory referendum
• 1.Legislature passes and governor signs a proposed constitutional amendment
• 2.50% of voters must approve for constitution to be changed
• Optional referendum ("people's veto")
• 1.Legislature passes and governor signs a law
• 2.Petition signed by 5% of the voters from the last gubernatorial election to have a repeal vote

• President needs Secretary of State
• All positions of leadership appointed by President
• Unitary executive
• Positions chosen independently

Change amount of funding spent on a particular part of law

• Governor: Jerry Brown (D)
• Assembly Minority Leader: Connie Conway (R)
• Senate Minority Leader: Bob Dutton (R)
• Assembly Speaker: John Perez (D)
• Senate President: Darrell Steinberg (D)

• Gave authority to redistrict maps
• Citizens Redistricting Commission

• drawn in ways that influence the outcomes of elections
• 99% incumbent reelection rate
• Not a single seat changed party hands between 2004-2008

• Dramatically reduced property taxes
• Initiative passed by voters in 1978
• Immediately cut property tax revenue by 57%
• Property taxes now 1% of assessed value in 1975 (or value at most recent sale)
• Cut local government funding: So less money for public education and public safety
• So local governments more dependent on the state government for funding
• Also required 2/3 majority support for all tax increases

• Term Limits
• Senate: 2, 4 year terms
• Assembly: 3, 2 year terms
• District boundaries: Pre-2010
• Legislature draws their own boundaries
• Gerrymandering: 99% incumbent reelection rate; Not a single seat changed party hands between 2004-2008
• Post-2010: Proposition 11 (2008) - Citizens Redistricting Commission

• Started with $140 billion
• Typically over $100 billion spent
• Unlike federal government, states must operate with balanced budgets
• This year: $84 billion
• all the politicians want an excuse to be in office so they keep passing budget reform and special interest projects
• welfare and state pensions are a big part of it
• every state employee retires will full benefits, except teachers
• California increases its taxes a lot to pay off the budget deficit but at the same time increases spending so the BUDGET NEVER GETS BALANCED
• it has a bit to do with Republicans and Democrats blocking each other's legislation

• Because one part uses Prop 13, cut services
• Students don't complain