Chapter 15POWERS

Ameen Baker * Jason Chandler * Kim Cox * Mike Davis * Sharon Goldberg

Introduction

Introduction

Constitutional Engineering: Policy solutions that entail

reforming a decision-making process

Flawed decision-making process?

We need a better PROCESS…

Process Reforms

New processes will produce better policies:

• Just• Efficient• Consistent• Safe

Restructure authority in order to solve problems:

WHOSE VOICE COUNTS?

Historically American Impulse

Our deep faith in the possibility of creating decision-making structures that will

render good decisions

Who Makes the Decision?

A call to restructure is always a bid to reallocate power…

Logic & Mechanisms

• Change of arena• New structure• New design• Produces decisions in the “public

interest”• Reallocates power

Two Perspectives on Choices

1.Does it “work” to solve the problem?

2. What authority structure will be in place to make decisions?

Variations of Constitutional Engineering

• Change the membership of the decision-making body

• Change the size of the decision-making body

• Shift the locus of decision-making among federal, state, & local governments

Changing the Membership

Changing the Membership

• Qualities/interests shape people’s decisions

• How can we change the membership? • Voters• Officeholders

All democracies impose voting restrictions

• “Voter qualifications” • Justified in terms of competence • US: exclude children <18 • 1966 Supreme Court struck down VA “poll tax”

• Argument – voting restrictions lead to improved outcomes

• Do you agree?

Changing the Membership

• The court says …

“like race, color, and creed, wealth is not germane to one’s ability to participate intelligently in the electoral process….capricious…irrelevant.”

Changing the Membership

• Voting rights is an ongoing topic in policy conflict• Homeless • Armed Forces • Immigrants

• Should these groups be allowed to vote?

Changing the Membership

• Officeholder qualifications • Should represent interests of constituents • Altering the identity of representatives or

constituents’ control over them should change decisions

• Space Shuttle Commission Example• Healthcare

Changing the Membership

• Representation • Descriptive

• Share important demographic characteristics • “think, feel, reason” the same

• Substantive• Share important policy beliefs and goals

• Accountable

Changing the Membership

• Race-based Districting Controversy• Electing liberal Democrats vs. majority

black voting districts

• Interests are always multi-dimensional

Changing the Membership

• Solution to representing excluded interests• Creation of alternative, parallel institutions

to represent weak interests • “community action agencies”

Changing the Membership

Changing the Size

• Wait, size matters?• Sure does

Changing the Size

Changing the Size

Reviewing the size of representative decision making-units

• Two different viewpoints• Bigger is better – One large governing body

• Smaller is better – Provide chance for more smaller units

• Why does this matter?• Want to prevent tyranny by groups of like-

minded citizens who have interests “adverse to the rights of other citizens or the permanent and aggregate interests of the community” – James Madison

• How do we pick our officials – an important decision!

Changing the Size

• James Madison’s Federalist Paper No. 10• A large republic will be more effective

because:• More “fit characters”• Harder for “unworthy candidates” to win over a larger

number of people• The larger the community, the greater the variety of

parties and interests it will contain (less likely a majority of officers will have a “motive to invade the rights of other citizens”)

Bigger is better!

• Bigger is better!!• Are we sure about this?

• Condo example

Changing the Size

• Small units:• Produce better substantive policy decision • Provide greater opportunity for individual

involvement• More participation = More dialogue and

deliberation

Smaller is better!

• It all just depends ideology• Both big or small should not be thought of

as purely good in all situations• Big is better for national defense• Small is better for police protection

Middle of the Road

• Not whether small or big is a fit-all situation• Who is the player in a given circumstance• Becomes a contest between particular interests

• The will of the majority can be adverse to community interests

• Madison may have made his Constitutional argument that power would be spread to the majority with big government, but it could be said that it kept the power in the hands of a particular minority

The Real Issue

Changing Federalism

• Federalism involves a division of power• Central authority and constituent political

units• Federal and State government

• Should the American system be centralized or decentralized?

Changing Federalism

Changing Federalism

• Pros of decentralization• “Power with the people”• Diversity with decision-making• “Practice” before policies are implemented

nationally• Autonomy

• Cons of decentralization• Authority is granted to local elites• Policies maintain status quo• Prejudices• Little or no redistribution of power or wealth

Changing Federalism

• Pros of centralization• “Power with the unbiased”• Technical decision-making• Standardization of policies• Promotes equality

Changing Federalism

The case of welfare

Centralization vs. Decentralization

Welfare

• Entitlement program• Centralized• Authority rests with

federal government• States can request

permission to deviate from protocols

• Block grant program• Decentralized• Authority rests with

state governments• States have freedom

to spend the grants, with limited federal intervention

By examining its decentralized nature,

it is easy to understand that

federalism is a matter of power.

Changing Federalism

• The federal government can more easily undertake redistribution

• State governments have more boundaries

• The federal government has more money

• Efficiency? Justice? Public interest?

Consider This . . .

Many advocates for change in federalism seek a change in the balance of power

Really Consider This . . .

Healthcare Applications

• Medicare vs. Medicaid• Not-For-Profit vs. For-Profit• Unions• AARP and Part D• Medicaid and SCHIP• Hospital Systems• Electing Legislatures

Healthcare Applications