California Government And Politics

Representation

Professor Kelly Rivera

 

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Outline

I. Introduction

II. The People

a. Legally

b. Politically

III. The Process

a. Elections

b. Governance

IV. Linking the People and the Process

V. Representation in American Politics

 

 

Introduction

2005 Bankruptcy Reform

Emphasized Personal Responsibility

Chapter 7  Chapter 13

…but barely touched

• Homestead Exemption

• Tax Shelters

• Court Shopping

• Predatory Lending

 

 

“The People”

Legally

The Declaration of Independence says that governments are constituted among men to secure the rights of life, liberty, and the pursuit of happiness. Any powers they have are dependent on the consent of the governed.

 

 

“The People” Legally

Not only do you get a say in what the

government does, but you also get

certain protections.

Civil Liberties

• Freedom of Expression

• Criminal Protections

 

 

“The People” Legally

But for more than 100 years, “the people” didn’t mean everyone. Indeed, the rights of suffrage and citizenship rights only extended slowly, and with a fight.

 

 

The Founding & 3/5th Clause

Dred Scott

13th, 14th, 15th

Women’s Rights (19th)

Civil Rights Movement

CRA ’64, VRA ’65

ADA ’90

“The People” Legally

 

 

“The People” Legally

Nowadays, virtually everyone

enjoys equal status under the law.

 

 

“The People” Politically

However, legal equality isn’t political equality.

 

 

“The People” Politically

Voters vs. Non-Voters

Organized vs. Unorganized

Attentive vs. Inattentive

Intense vs. Apathetic

Contributors vs. Everyone Else

 

 

The Process

If it is “the people” who are to govern, then the question is how?

As we talked about, one way would be to have every citizen vote on every

issue requiring a decision. Of course, such a direct democracy is

impractical almost anywhere, much less in a nation as big as ours.

So instead we delegate to representatives who act on our behalf. Such is

the basis of our representative democracy. The question we asked was

how we can keep those officials focused on our goals (rather than their

own, or someone else’s).

 

 

The Process Republican Government

The answer, we said, was to have a government where…

1. Elections are free, fair, competitive, and frequent.

2. Governance is transparent, debated, and widely covered.

 

 

The Process Elections

Free? Essentially Yes

– questions of registration and former felons and such

Fair? Pretty much

– questions of campaign funding, ballot technology, and such

Competitive? Debated

– gerrymandering, fundraising, media, public apathy

Frequent? Some say too frequent.

 

 

The Process Governance

Transparent? Mixed

– way more public than old days…but lots of complexity

Contested? Mixed

– House rules

– Senate rules

– Parties encourage cheerleading w/in party.

Widely Covered? Yes and No

– Inside and Outside Beltway

– President vs. Everyone Else

– State to State (Media Market to Media Market)

 

 

Linking People and Process

Even if process is competitive, transparent, and widely

covered, officials need only (and rationally, should only)

respond to those who will hold them accountable for their

actions in subsequent campaigns and elections.

The questions, then, are…

Who will learn about this?

Who will respond to this?

How will it affect my reelection prospects?

 

 

Linking People and Process

Gerrymandering

Media (free and paid)

Interest Groups

Contributors

Voters

 

 

Representation in American Politics

As we’ve seen, representation is a slippery concept. It is more-

or-less impossible to determine if any given bill fairly

represents “the people.”

 

 

Representation in American Politics

Typically what we hope is that something like “fairness” helps

ensure representation. That is, we hope that if the process (in

campaigns and governance) is fair, the outcomes will be too.

 

 

Representation in American Politics

This is why we care so much about the process.

One of the things I hope you take away from this course is a

deeper appreciation of the importance of democratic processes.

We all hope our preferred candidate or position prevails, but

our commitment to the process should not be subverted just

because we want to win. Part of the democratic deal is being

willing to fight like hell for something we deeply believe in –

and lose.

 

 

Representation in American Politics

“Decisions are made by those who show up.”

-Truman