Transcript Historical and Structural Context of Public Policy

POS/PUB 140 Lecture
1/31/08

The Constitution

Features of the System

Policy in a historical context

Philosophical Background

Influence of David Hume and John Locke

Arguments in the Federalist Papers

Madison (1787): human nature of individuals to
form groups on common interests

Proposed a “fragmented system”: horizontally and
vertically

Jefferson: more power to the States

The early concern/debate on what type of
government we should have

How might this strong vs. weak central government
debate influence public policy?

"The government which governs least, governs best”


Thomas Jefferson
Issues/problems with the Articles of Confederation?

Three branches of government

Supposedly co-equal

Create what we know as “checks and balances” via a
“separation of powers”
Table 2.3
Legislative
Congress
Make Laws
President
Recommend
laws; veto
laws; make
regulations
Executive
Override
vetoes
Enforce and
implement
laws
Judicial
Impeach
judges and
president; call
witnesses in
hearings
Pardon
criminals;
nominate
judges
Courts
Review laws to
determine
legislative
intent;
interpretations
of law = law
making
Review
executive acts;
restrain
executive acts
(injunction)
Interpret laws
 Collect Taxes, Duties, Imposts and




Excises, to pay the Debts and
provide for the common Defence
and general Welfare of the United
States;
To borrow money on the credit of
the United States
To regulate Commerce
To provide and maintain a Navy
To make all Laws which shall be
necessary and proper for carrying
into Execution the foregoing Powers,
and all other Powers vested by this
Constitution in the Government of
the United States, or in any
Department or Officer thereof.
 Example #1: Congress power to impeach
 A judicial activity
 How often does this happen? Why?
 Example #2: Presidential Veto
 A legislative activity
 Which presidents have the most vetoes?
 What can Congress do in response?
 Example #3: Supreme Court reviews legislative intent
 What was a famous case for judicial review?

http://en.wikipedia.org/wiki/Marbury_v._Madison

In terms of the structure of our government,
what does federalism mean?

What do the states do that the feds don’t? What
do the feds do that the states don’t? What do
both do?
State
Federal
 Corrections
 Defense
 Elementary education
 Environment
 Environment
 Postal Service
 Liquor / drinking
 Space
 Police (L)
 Air Traffic / Port
 Welfare
Authority
 Health Care – elderly
and young
 Intelligence
 Citizenship / INS
 Sanitation (L)
 Speed Limits
 Elections
 NYS Health Department did not
reapply for federal funding under
Title V, due to “rigid federal
standards.”
 The state would receive $3.2 million
under the program
 “You can’t teach contraception other
than to talk about its failure rates,
you must assert … the only
acceptable sexual union is between a
husband and wife in monogamy and
sex outside of that is harmful,
psychologically and physically.” Joann
Smith, Family Planning Advocates
 Different Types of Intergovernmental Grants
 Categorical Grants
 Matching Grants
 Block Grants

http://www.census.gov/govs/estimate/03sl00us.html
 Example of a failed experiment in NY
 State Automated Child Welfare Information System
(SACWIS)

http://www.gcn.com/state/vol7_no6/news/1073-1.html
 Are all states the same?
 Political Commitment
 Administrative Capacity
 Ideological stability
 Political stability
 Policy stability
 Stability in power