Readings Flashcards
Grant Madsen: “How Pragmatists Explain Society”
Explanation of pragmatism. Formation of beliefs and habits through the use of analogy. Romer’s Rule–fish grew legs in order to stay fish.
Fox & Pope: Chapter 1 (pgs 1-7)
Sovereignty (who has the final say), the Human Predicament, the Good Society (consistent virtuous outcomes), Political Legitimacy (divine right of kings, covenant communities), nature of freedom (participation in government, exercising of rights, etc.)
Why China and India face a Marriage Crisis
Application of pragmatism/Romer’s Rule. What are the unintended consequences of our actions, and how do we deal with them?
King James VI: “The Trew Law of Free Monarchies”
Divine right of rule, paternal protection, no grounds to rebel or revolt against the king. Everything belongs to the king.
Fox & Pope: Chapter 2
Colonization of the Americas by covenant and corporate communities. Accidental creation of democracy. Puritans set themselves up as the ultimate example of godliness and virtue (city upon a hill), different kinds of freedom (civic and natural)
John Winthrop: “A Model of Christian Charity”
Inequality exists to facilitate God’s love to his people. When we all work together, God’s purpose is advanced. Create the City Upon a Hill, purify the Church of England.
James Harrington: “The Commonwealth of Oceana”
Institutional design. People are inherently short-sighted and selfish, and all forms of government will devolve into its evil twin, so we set up a government that can achieve virtue regardless of who or what is in charge. Girls and the cake. Perfect blending and balance of the one/few/many. Example of republicanism.
John Locke: “Second Treatise of Government”
School of thought from the Bloodless/Glorious Revolution in England. State of nature. Natural Rights (life, liberty, property), Natural Laws (don’t kill, steal, or harm yourself or others). Every man is ruler in his own sphere. Only when a group decides they want a better deal and enters a contract to create a society is a government created. Tacit consent”Body for Work” Example of liberalism
Albert Hirshman: “The Passions and the Interests”
Historical transition from avarice to interest. Instead of suppressing all forms of vice (passions like lust, ambition, and avarice) to make way for virtues, we harness our desire for more stuff and play nicely with each other. Age of the entrepreneur. Treating passions like a Madisonian faction, applying institutional design to a psychological situation.
Robin Blackburn: “The Making of New World Slavery
Economic exploitation. Early American colonists needed a way to efficiently maintain their plantations. Couldn’t use themselves (below their station), natives (couldn’t communicate and ran away too easily), indentured servants (short term, blend in with other land owners, could demand fair treatment) or inmates/orphans (too dangerous and unreliable). Chose Africans (cheap, didn’t know land, couldn’t blend in, long term investment). Created color-based racism as a means of justification after the fact.
Declaration of Independence
Locke 2.0. Long train of abuses. Unfair taxation, removal of colonial legislative bodies, insane trade restrictions, etc. Because they have no legistlative bodies, colonists have been returned to state of nature, and are going to create their own government (USA). Written by Jefferson. Very liberal document
Fox & Pop: pages 34-42
Rule of Law. Does a law protect freedom?
Generality - laws have to apply to everyone, not just a specific group of people
Prospectivity - laws cannot act retrospectively. Can only apply from that point forward.
Publicity - laws have to be available to the public, and you have to know there will be a punishment if broken.
Consent - laws have to be generally acceptable to those who have to live by them. Voting
Due Process - everyone is equal under the law. Protection and prosecution must be equal for everyone.
Fox and Pope: pages 30-34
John Locke. Series of bloody revolutions/civil wars in England that eventually culminated in the Glorious Revolution–won with politics, not infighting. Writing of the Second Treatise. Saw US as example of the state of nature. Death of the divine right of kings .
Fox and Pope: Chapter 5
Story of the American Revolution
Fox & Pope: Chapter 6
Constitutional Convention
Adam Smith “Wealth of Nations”
market economy. invisible hand. division of labor. supply and demand. I make what you need, you make what I need, we swap and play nicely. The only people with enough time for government tasks are the ones most disinclined to care about the wellbeing of others, so they shouldn’t be allowed to regulate the economy. Just let it play out nicely. Example of economic liberalism.
Fox & Pope: Chapter 4
Adam Smith cliff notes. Colonists were motivated by economic self-interest and used British models to create their own balance economy. Wanted to stamp out mercantilism
Jack Rakove: Original Meanings
Madison’s constitution. Story of the Constitutional Convention. Wanted a bicameral legislature, representation by population, and national veto of state laws. Got most of it, not the veto. Constitutional Madison, example of republicanism.
Federalist No 10
Controlling of factions. Extended government allows for all the different factions to never get large enough for one to get out of hand. Let them balance each other out. This means wide-spread federal government.
Federalist No 51
Checks and balances between state and national governments.
Fox & Pope: Chapter 7
Ratification of Constitution and Bill of Rights, judicial review.
The Constitution
Example of republicanism (institutional design) and liberalism (utilizes a vote). Enumerates powers of federal government and details organiszation. L(egislative) E(xecutive) J(udicial) S(tates, power of) A(mendments, process of) S(upremacy, feds are in charge) R(atification, process of)
The Bill of Rights
Redundancy clause. States specifically what the rights o the people and states are. MAdison thought it was unnesary, because all non-specified powers belonged to states anyway, feds couldn’t do anything without being expressly told. Did it to convince the states to ratify the constitution.
1- freedom of expression (speech, press, assembly, religion, petition)
2 - right to bear arms/form a militia
3 - no quartering troops
4 - warrant, probable cause
5 - due process, double jeopardy
6 - right to an attorney
7 - trial by jury
8 - no excessive bail, no cruel and unusual punishment
9 - not all rights listed
10 - anything not listed given back
Dallin H. Oaks: “The Divinely Inspired Constitution”
3/5ths clause used as a delaying tactic. Not inspired of God.