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