DEPARTMENT OF POLITICAL SCIENCE

AND

INTERNATIONAL RELATIONS

POSC 105

CONSTITUTIONAL OBSTACLES TO CAPACITY AND DEMOCRACY

(Conclusion)






  1. THIS MORNING:
    1. The constitutional system, fragmentation of power and the consequences
    2. An alternative system: "unified," "unitary," or parliamentary government.
    3. An assessment of the system


  2. THE FRAGMENTATION OF PUBLIC POWER:
    1. The shattered sword.
      1. Separation of powers
      2. Checks and balances (e.g., veto, advise and consent, tax legislation, etc.)
      3. "Bicameralism" - two houses of Congress
      4. Geographical representation and independent constituencies (Pay attention to this item because it is so important.)
      5. Federalism
        1. The advantages and disadvantages of "returning power to the states."
          1. Examples:
      6. Enumeration of specific powers; others left to the states.
      7. An independent judiciary
        1. Judicial review gives the Supreme Court extraordinary power.
        2. Marbury versus Madison
        3. Judicial activism


  3. REFORM: A "PARLIAMENTARY" SYSTEM:
    1. Consider this solution to the problems of improving political capacity and enhancing accountability.
    2. A unified or parliamentary system
      1. Merge legislative and executive branches and reduce judicial review.
      2. Create "strong, disciplined" parties with leaders who have the power to force agreement.
      3. Change the function of the legislature by making it a deliberative and oversight body.


  4. AN EVALUATION OF THE CONSTITUTIONAL SYSTEM:
    1. Advantages
      1. Protects political rights
      2. Give individuals and especially groups multiple points of access.
    2. Disadvantages
      1. Frequently thwarts majority preferences.
      2. A system in which the strongest survive and flourish.
      3. Hinders decisive action.
      4. Makes the assignment of responsibility difficult.
        1. Who do we blame for government's actions and inactions?
    3. The bottom line: all of these work against capacity and democracy
      1. Divided power protects representatives from being held accountable.
      2. Divided power suffocates government action


  5. NEXT TIME:
    1. Public opinion, the mass media, and democracy


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