Today: Rise of Political Parties

Today: Rise of Political Parties

Refresher: Three levels of law Natural law (natural rights) Fundamental/constitutional law Regular legislation

Judicial Review power of American courts to determine whether the acts of all branches of government and government officials comply with the Constitution

Sources to Guide Interpretation: 1. text and structure of Constitution 2. intentions of Founders 3. prior precedents (judicial) 4. social, political, and economic consequences of alternatives 5. natural law

ORIGINALISTS: favor heavy reliance on text and intentions of the Framers of the Constitution (or writers of future laws) NON-ORIGINALISTS: favor reliance on judicial precedent and social/cultural/economic consequences

Originalists 1. reduces likelihood that unelected judges seize too much power 2. gives neutral, objective criteria for decisions 3. people left to amend the Constitution 4. respects idea of Constitution as contract 5. how would we expect a Court to interpret amendments that we write?

Non-Originalists 1. framers never intended to control interpretation 2. no one could anticipate social and cultural changes 3. impossible to determine intent... just try to establish public good 4. amendment process is time-consuming and balky 5. Constitution should evolve to match new ideas about race, etc. 6. should focus on larger purposes like protecting liberty

Strict vs. liberal construction and two kinds of constitutional conservatism

The Court and History Slavery: Dred Scott v. Sanford (1857): slaves as property Civil Rights: Plessy v. Ferguson (1896): Separate but equal Brown v. Topeka Board of Education (1954): Separate is inherently unequal Abortion: Roe v. Wade (1973): right of privacy

Is judicial review a good idea? Do judges reflect popular opinion? Should they? Does Marbury v. Madison free the legislature from worrying about constitutional issues? Could government work without judicial review?

Checks on power of the Court President nominates; Senate confirms Congress may re-draft laws making them constitutional Executive branches (state and national) must enforce rulings of the Court Constitution can be amended

Political Parties

The Founders on Political Parties Let me now take a more comprehensive view and warn you in the most solemn manner against the baneful effects of the Spirit of Party. Washington s Farewell Address I never submitted the whole system of my opinions to the creed of any party... in politics or anything else.... Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Thomas Jefferson

Outline: The Constitution and Politics Two American ideologies and the first two parties. The Constitution and the two-party system. Multi-party systems. Elections in the American system.

Two Competing Visions--Hamilton vs. Jefferson Alexander Hamilton and Thomas Jefferson have two competing visions for the future of America. This leads to the first two political parties, much to Washington s chagrin.

Fathers of Amer. Pol. Parties

Democratic-Republicans v. Federalists Jefferson/Madison Self reliant individuals with small, rights-protecting government Alliance with France Focus on rural America agriculture Narrow interpretation of constitutional powers Hamilton/Adams Great empire that competes with European powers Alliance with England Focus on big cities manufacturing Broad interpretation of constitutional powers: National Bank is necessary and proper. Use government to direct the economy.

Washington s Cabinet Left to right: George Washington, Henry Knox (War), Alexander Hamilton (Treasury), Thomas Jefferson (State), Edmund Randolph (Attorney General).

Jefferson as strict constructionist a. Against a national bank b. but authorizes the Louisiana Purchase c. Why? People grow; they fail to foresee certain conditions; they change their minds.

Constitutional Structure and Politics Constitutional structure exerts a powerful influence on American politics. In particular, this structure has led to a two-party system. Three key features President elected in national election, not by legislature. Single representative districts. Plurality rule, instead of majority rule.

Dem.-Republicans v. Federalists Jefferson/Madison Small, rights-protecting government/self-reliant individuals France Rural America agriculture Narrow int. of const. powers Hamilton/Adams Great empire dominate West. hem. compete w/european powers England Big cities manufacturing Broad int. of const. powers Necessary/Proper National Bank Assume debt Tariffs

Structure fosters two party system U.S. System Single representational districts Parliamentary system Proportional representation of parties

Insert Figure 8.8 here

Structure fosters two party system U.S. System Single rep. districts Plurality winner takes all Parliamentary system Prop rep. of parties

PLURALITY: The largest block of votes cast. MAJORITY: More than half of all votes cast.

Structure and party politics U.S. System Single representative districts Plurality winner takes all Separate election for Pres. Requires majority of electors Elections at fixed intervals Two parties dominate Parliamentary system Proportional rep. of parties Legislature elects PM Often requires a coalition Legislature calls elections Small parties form and have significant influence

30% 25% B C A 45%

Constitutional Structure and Politics Parties have an incentive to merge into two. Three parties: B and C want to merge. Party A 45% Party B 35% Party C 25%. Four or more parties: same logic. All but top party want to merge. Party A 35% Party B 30% Party C 20% Party D 15%.

Parliamentary System: Brazil 2010 Elections Party Type Vote Seats % Workers Party Left 17 88 Democratic Movement Center 13 78 Social Democrats Center-Left 12 54 Democrats Center-Right 8 43 Progressives Center-Right 7 41 16 Others 43 211

Two Party System: A Dance to the Middle Requires compromise of ideals Fixation on image Fosters accusations of extremism Excessively responsive to polls/focus groups Produces majoritarian outcomes Extremely stable over time Organizes elec. activity Produce/support candidates Inform/mobilize the electorate Organizes gov t activity Cong. leadership Legislative agendas

FAR LEFT LEFT MIDDLE RIGHT FAR RIGHT Radical: use almost any means to make revolutionary changes. Liberal: use Gov t to make significant changes to society. Moderate Conservative: society achieve incremental change on its own. Reactionary: aggressively turn back the clock

FAR LEFT LEFT MIDDLE RIGHT FAR RIGHT ideological ½ & ½ practical ½ & ½ ideological

The American Party System: D R Independent

Constitutional Structure and Politics Effective third party candidacies may affect elections if they draw votes from only one major party. 1912: T. Roosevelt s Bull Moose Party split the Republican vote. 1992: Ross Perot may have pushed some electoral votes to Clinton. 2000: Ralph Nader probably cost Gore the Florida electoral votes.