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POLS 101 Midterm Questions and
Answers 100% Pass
In a democracy, do institutions matter? When a majority agrees on a course of action, do the political institutions really affect the majority's ability to achieve its goals? ✔✔Institutions are
important because of their durability and "stickiness." Institutions slow the progress of change and prevent tyrannical majorities. In the example of marijuana legalization, many people may want it, but the supremacy clause (the institution) prevents it from being federally legal.
"The quality of democracy in modern America reflects the quality of its governing institutions."
Are politicians the servants of the public, as they say in their campaign ads, or are they just self- serving? Why do we need them? ✔✔The US political system allows for politicians to be
motivated by self-interest (privileged group), the interests of a faction (lobby group), the interests of the public, or a combination of the above. We need politicians to solve the collective action problems associated with government.
The constitution has not changed much over the past 200 years. Were the framers really geniuses, or are Americans simply lucky? ✔✔Thomas Jefferson wanted the Constitution to be
rewritten every 19 years. While Americans are certainly lucky, the framers of the Constitution
never intended for it to last this long. They were genius in that they wrote a document that could be interpreted through the passing of time, however, this was probably not intentional.
Why is the U.S. Constitution so complicated, where even the word majority has several different meanings? ✔✔The Constitution was written to be vague intentionally, and therefore with the
passing of time and the changing of social climate in the U.S. people have chosen to interpret the wording (down to specific words) in the Constitution to mean very different things.
Its like the bible -- you can read anything you want into it.
How can the United States call itself a democracy when so many features of its national political
system are designed to frustrate majority rule? ✔✔The U.S. is not a democracy but it is a
creature of democracy; a democratic republic. Fear of factions drove the hyper complex institution that is the U.S. government. James Madison and his fellow Constitutional authors believed that only a separation of power (horizontal division) and federalism (vertical division) could prevent citizens from tyranny of the numerical (not structural) majority. The idea of "spreading the power around."
When have states/federal gov hindered/helped civil rights? ✔✔States helped: WA, MN legalized
gay marriage before gay marriage before federal recognition
government has total control. Therefore in this situation the deciding factor would come from either the President or the Supreme Court.
How could a nation that embraced the Declaration of Independence 's creed that "all men are created equal" condone slavery? ✔✔Slaves were not considered people biologically, socially, or
philosophically.
Why would a majority in society ever seek to extend and protect the rights of its minorities in the
face of huge costs--even those imposed by a tragic civil war? ✔✔One never knows when they
will shift from the majority to the minority. Moral reasons: it's the right thing to do. "We're in this together" mentality (when everyone is better off, individuals win).
Does America's constitutional system impede or promote the cause of civil rights? ✔✔This
depends on the interpretation one chooses to use. It could be argued that it impedes civil rights by deferring to the States which are more easily controlled by factions. But on the other hand, it has been amended to protect certain civil rights that the framers did not anticipate or prioritize while writing the Constitution. Bill of Rights helps promote them.
Are "civil rights" generic, or do we define them differently across groups according to issues for which they seek protection? ✔✔What is considered a civil right is very dependent on the group
seeking protection and the mentality of those who have the power to grant it. Example: guns rights activists vs MLK
Has the existence of a formal Bill of Rights really secured the freedoms of Americans? ✔✔The Bill of Rights acts as a formal authority for certain freedoms, however the acting power of civil rights comes from governmental actors and individuals.
Does the Supreme Court's primacy in this area of public policy imply that democracy requires an institution of unelected judges for its protection? What other ways of protecting civil liberties
might there be? ✔✔The fact that Supreme Court judges are not beholden to the factions that
elected them. This allows them to be more impartial. This also means that decisions are not swayed by public opinion (maybe). That being said, each judge brings their own personal bias to any decision so the process is not fool proof.
Other ways of protecting civil liberties: creation of a bill or any legislation, protests, change in societal norms.
What roles, if any, do Congress, the president, and the states play in defining civil liberties? ✔✔Congress can write legislation.
President can veto legislation and make executive order.
CAPs were solved because some sense of government was in place. Government was in charge of punishing infractions (this was mostly concerned with property).
- Did these institutional designs create a CAP? Describe and explain.
Yes, because the government was too limited to complete tasks such as forming a military, funding that military, etc...
- How could these institutions have been improved? What rules would you have made?
Funding for public goods (ie food stamps, infrastructure, schools...).
Articles of Confederation ✔✔1. Identify the objectives of the institution.
To protect states' rights and maintain a limited Federal government. Identified what tasks each form of government was allowed to complete.
- Describe the institutional design(s), identifying the formal rules (the tools that were or were not used). Identify how these rules/tools balance between transaction and conformity costs, and the consequences.
States Rights:
Complete sovereignty.
The right to tax state citizens.
To keep up a military. (Requirement)
Voting rights within Congress (each state had 1 vote but could send between 2-7 delegates).
Punish citizens in state courts (there were no federal courts allowed).
To trade with other states and control foreign commerce.
Federal Rights:
To declare war.
To make treaties (Congress must be consulted before two or more states make a treaty or alliance).
To send or receive ambassadors.
To establish and regulate post offices.
Develop army bases within states.
- Did these institutional designs solve a CAP? Describe and assess how they did.
Many of the rights of the federal government were CAP solutions. They did okay except for the fact that they didn't have funding.
- Did these institutional designs create a CAP? Describe and explain.
There were many CAPs that came from the restrictions placed on federal power. This most importantly included the inability to collect taxes so they had no money.
- How could these institutions have been improved? What rules would you have made?
U.S. Constitution - branches of government ✔✔1. Identify the objectives of the institution.
- Describe the institutional design(s), identifying the formal rules (the tools that were or were not used). Identify how these rules/tools balance between transaction and conformity costs, and the consequences.
- Did these institutional designs solve a CAP? Describe and assess how they did.
- Did these institutional designs create a CAP? Describe and explain.
- How could these institutions have been improved? What rules would you have made?
U.S. Constitution - federal government ✔✔1. Identify the objectives of the institution.
To help solve CAP and create unity between states.
- Describe the institutional design(s), identifying the formal rules (the tools that were or were not used). Identify how these rules/tools balance between transaction and conformity costs, and the consequences.
Checks and balances, bicameral legislature, three branches (exec, legislative, judicial)
- Did these institutional designs solve a CAP? Describe and assess how they did.
Yes! Taxation, commerce between states, federal laws, the Constitution provided a legal structure for states to interact.
- Did these institutional designs create a CAP? Describe and explain.
If the federal government is not acting in the benefit of the majority then this creates a CAP.
- How could these institutions have been improved? What rules would you have made?
It has been improved by changes to the Constitution. (amendments (27), Bill of Rights (first 10 amendments))
Choose and list three examples of nationalization (ie the move from dual to shared federalism).
✔✔Something that would be a state right can be regulated by the national gov as well under the necessary and proper clause as long as it can be related to commerce.
No Child Left Behind -> defense, commerce, and equal access
Taxation -> local and federal taxes are both used for roads, schools, etc.
Affordable Care Act -> all US citizens as opposed to Massachusetts citizens or Texas citizens
Great Society Programs -> Medicare, Medicaid, federal funding for schools, food stamps, social security
Licensing -> drunk drivers are registered nationally
KJKV Chapter 4 question: Are "civil rights" generic, or do we define them differently across groups, according to the issues for which the groups seek protection? Defend your answer with
reference to KJKV (esp. pp 161-167) and the case studies. ✔✔
Consider and re-read the history of legal racism and the civil rights movement presented in KJKV (pp.134-157). The cases discussed in Chapter 4 and presented here suggest that people in the United States today have fundamentally different, and often opposing, interpretations of this legacy.
a. What are the different interpretations of this legacy?
b. What factors drive these different interpretations? ✔✔
Let's stipulate that profound racial inequality exists in the contemporary United States. Do you see places for legitimate constitutional debate over how racial inequality could best be resolved? Defend your answer using examples. ✔✔Voting Rights Act - laws relating to voting must not
either show intent or results of racism. A solution to greater racial inequality could be to refer to this type of test when looking at other laws.
What do recent SCOTUS decisions and state legislative changes say about...
a. ... controlling the mischief of factions in the contemporary United States?
b. ... the virtues or vices of federalism? ✔✔Vice: Supreme court's belief that intent is necessary
for Voting Rights Act (15th amendment)
Virtue: Legalization of gay marriage in different states -- idea of states being laboratories -- then helps push civil rights/liberties for the nation
Do the Supreme Court decisions described here reflect the court's role as a neutral arbiter or follower of public opinion? ✔✔
What do these cases suggest about civil liberties as "boundary drawing" (to use a phrase from KJKV)? ✔✔
What do the cases indicate about the ability of the Bill of Rights to protect citizens? ✔✔
What do these cases suggest about the role of the states in protecting or harming civil liberties? ✔✔
Do these cases support Madison's assessment of states as more tyrannical than the federal government? ✔✔
tragedy of the commons ✔✔A form of the prisoner's dilemma, the tragedy of the commons is the
costless consumption of a public good to its ruination
prisoner's dilemma ✔✔Absence of trust, incentive to defect; solution: create and enforce trust
In politics: anytime there is an incentive to break off from the group (arms races, etc.)
free-rider problem ✔✔A form of the prisoner's dilemma, enjoying the benefits of the collective
work without contributing the agreed upon effort
"The free-rider problem arises whenever individuals recognize that their small contribution to the collective enterprise will not affect its success or failure."
transaction costs ✔✔The amount of effort required to make a change
conformity costs ✔✔The amount of deviation from ones preferred course of action required to
make a change (compromised)
Regulation ✔✔Solution to the tragedy of the commons, setting up rules, limiting access to the
common resource, monitoring and penalizing those who violate
Privatizing ✔✔Converting something from a public good to a private good
Antifederalists ✔✔A loosely organized group (never a formal political party) that opposed ratification of the Constitution, which the group believed would jeopardize individual freedom and states' rights. After ratification, the efforts of the Antifederalists led to the adoption of the first ten amendments, the Bill of Rights.
Federalists ✔✔Name given to two related, but not identical, groups in late-eighteenth-century
American politics. The first group, led by Alexander Hamilton and James Madison, supported ratification of the Constitution in 1787 and 1788. Subsequently, Hamilton and John Adams led the second group, the Federalist Party, which dominated national politics during the administrations of George Washington (1789-97) and Adams (1797-1801).
Articles of Confederation (term) ✔✔An agreement among all thirteen original states in the
United States of America that served as its first constitution, the Articles provided a system for the Continental Congress to direct the American Revolutionary War, conduct diplomacy with Europe, and deal with territorial issues and Native American relations.
Electoral College ✔✔A body of electors in each state, chosen by voters, who formally elect the
president and vice president of the United States. Each state's number of electoral votes equals its representation in Congress; the District of Columbia has three votes. An absolute majority of the total electoral vote is required to elect a president and vice president.
Factions ✔✔A group of people sharing common interests who are opposed to other groups with
competing interests. James Madison defined a faction as any group with objectives contrary to the general interests of society.
Great Compromise ✔✔The agreement between large and small states at the Constitutional
Congress (1787) that decided the selection and composition of Congress. The compromise stipulated that the lower chamber (House of Representatives) be chosen by direct popular vote and that the upper chamber (Senate) be selected by the state legislatures. Representation in the House would be proportional to a state's population; in the Senate each state would have two members.
Elastic Clause/Necessary and Proper Clause ✔✔Section 8 of the Constitution. States:
"The Congress shall have Power ... 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."
Makes it so that national government can claim jurisdiction in most things because of the increase in interstate commerce and small relationship between economic factors and many social issues. Ex: possession of hand guns near schools.
Stretches the power of Congress -- most excessive grant of power in the Constitution. Gives lawmakers authority over many different spheres of public policy.
Home Rule ✔✔Power given by a state to a locality to enact legislation and manage its own
affairs locally. Home rule also applies to Britain's administration of the American colonies.
Necessary and Proper Clause ✔✔The last clause of Article I, Section 8, of the Constitution. This clause grants Congress the authority to make all laws that are "necessary and proper" and to execute those laws.
New Jersey Plan ✔✔New Jersey delegate William Paterson's proposal for reforming the Articles
of Confederation. Introduced at the Constitutional Convention (1787), the New Jersey Plan was favored by delegates who supported states' rights.
(4th) Civil Rights (give examples from text) ✔✔Rights that the government secures for the
citizens, protections by the government.
