Feds & Constitution: Why & What?
Published on Nov 26, 2015
Lecture: Week 3 MPA 1st year core
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PRESENTATION OUTLINE
Federal Gov: Why?
- Security: National Defense
- Money: Print & value
- Regulate: Food, medicine, social programs, environment, business, education performance standards
- Financial Assistance: College Financial Aid, gov housing, food stamps, unemployment stipends
- Should states do for themselves?
Madison: if men were angels, no government would be necessary.
Aristotle: man is a political animal.
Plato: democracy is dangerous because it puts power in the hands of ignorant and envious people.
Federalism: centralization. Didn’t trust a greedy and emotional public. Gov had to save us from ourselves: Madison & Hamilton.
Anti-federalism: De-centralization/states’ rights= Jefferson, wanted open deliberation and to promote a self-reliant citizenry. Also called layer cake federalism and marble cake federalism.
Why have federal government? Provide for human needs and protect human rights? Protection from invasion? Be effective, efficient, sustainable?
Should the role be focused on the individual or the collective, self or other, anarchy or conformity, public or private, God or man?
Aristotle: man is a political animal.
Plato: democracy is dangerous because it puts power in the hands of ignorant and envious people.
Federalism: centralization. Didn’t trust a greedy and emotional public. Gov had to save us from ourselves: Madison & Hamilton.
Anti-federalism: De-centralization/states’ rights= Jefferson, wanted open deliberation and to promote a self-reliant citizenry. Also called layer cake federalism and marble cake federalism.
Why have federal government? Provide for human needs and protect human rights? Protection from invasion? Be effective, efficient, sustainable?
Should the role be focused on the individual or the collective, self or other, anarchy or conformity, public or private, God or man?
Photo by Gamma Man
Federal Gov: What?
- Civil Service
- Spoils System to Merit System: Pendleton Act (1883)
- Civil Service Reform Act (1978)
- Largest employer in U.S.
1881, President Garfield shot by Robert Guiteau because he thought he was responsible for the President’s victory and wanted an ambassadorship. Such favors were common under the "spoils system." Until this time, the Federal gov was filled with political friends and supporters who were rewarded with Government positions.
Two historical moments that significantly changed PA: 1) Pendelton Act 1883; 2) Civil Service Reform Act 1978 labor organizing (unions)
The Pendleton Act of 1883 provided that Federal Government jobs be awarded on merit and employees be selected through competitive exams. The act also made it unlawful to fire or demote for political reasons. The law further forbids requiring employees to give political service or contributions. The Civil Service Commission was established to enforce this act. The Pendleton Act transformed the nature of public service.
Civil Service Reform Act of 1978 was in response to Watergate. The Act abolished the Civil Service Commission and distributed its functions among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA).
OPM: guides agencies of the executive branch for regulations of Human Resources.
MSPB: conducts studies of the federal civil service and hears appeals of employees who have been disciplined or fired. Personnel actions which discriminate among employees based on political activity or political affiliation are prohibited.
FLRA: oversees collective bargaining units (unions) of federal employees.
Source:
https://www.usajobs.gov/Help/working-in-government/service/
Two historical moments that significantly changed PA: 1) Pendelton Act 1883; 2) Civil Service Reform Act 1978 labor organizing (unions)
The Pendleton Act of 1883 provided that Federal Government jobs be awarded on merit and employees be selected through competitive exams. The act also made it unlawful to fire or demote for political reasons. The law further forbids requiring employees to give political service or contributions. The Civil Service Commission was established to enforce this act. The Pendleton Act transformed the nature of public service.
Civil Service Reform Act of 1978 was in response to Watergate. The Act abolished the Civil Service Commission and distributed its functions among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA).
OPM: guides agencies of the executive branch for regulations of Human Resources.
MSPB: conducts studies of the federal civil service and hears appeals of employees who have been disciplined or fired. Personnel actions which discriminate among employees based on political activity or political affiliation are prohibited.
FLRA: oversees collective bargaining units (unions) of federal employees.
Source:
https://www.usajobs.gov/Help/working-in-government/service/
Photo by Solidarity Drive
Employees Not in Civil Service
- Congress
- Federal Judges
- Uniform Military & foreign service of State Department
- President's Cabinet
- Government Owned Corporations: TVA, Amtrak, NASA, U.S. Enrichment Corp.
Photo by Tyler J. Bolken
Civil Service Jobs
- Currently open Federal jobs in WA State? 687
- Ex-offenders work for Feds? Yes, but...
- Security clearance required? No, but...
- Age maximum? Yes for some
- Run for political office? No.
- Barred from Federal employment? Yes.
Can I work for the government if I am an ex-offender?
Yes, but there are some regulations which will prohibit you from working in certain positions if you have a specific conviction. Ex. domestic violence conviction. These persons are “prohibited from employment in any position requiring the individual: to ship, transport, possess, or receive firearms or ammunition”.
Do all jobs require security clearance?
No, however, all Federal positions require the candidate to undergo a suitability adjudication process to determine if the individual is suitable for Federal employment. This means that in addition to meeting the qualifications of a job announcement, an individual is determined likely or not likely to be able to carry out the duties of a Federal job with appropriate integrity, efficiency, and effectiveness.
Is there an age limit for Federal employment?
Yes, some positions like those in law enforcement or air traffic control have a maximum entry age and the age may vary from agency to agency but generally falls within the range of 34-37 yrs.
Can I run for political office if I currently work for the Feds? No.
Barred from Federal employment? Yes, you can be barred from Federal employment if you have committed treason, inciting rebellion against the U.S., willful and unlawful destruction of public records, or knowingly and willfully advocating the overthrow of the U.S. Government.
Source:
http://federalgovernmentjobs.us/job-location/washington-wa.html?P=1
Source: https://www.usajobs.gov/Help/faq/
Yes, but there are some regulations which will prohibit you from working in certain positions if you have a specific conviction. Ex. domestic violence conviction. These persons are “prohibited from employment in any position requiring the individual: to ship, transport, possess, or receive firearms or ammunition”.
Do all jobs require security clearance?
No, however, all Federal positions require the candidate to undergo a suitability adjudication process to determine if the individual is suitable for Federal employment. This means that in addition to meeting the qualifications of a job announcement, an individual is determined likely or not likely to be able to carry out the duties of a Federal job with appropriate integrity, efficiency, and effectiveness.
Is there an age limit for Federal employment?
Yes, some positions like those in law enforcement or air traffic control have a maximum entry age and the age may vary from agency to agency but generally falls within the range of 34-37 yrs.
Can I run for political office if I currently work for the Feds? No.
Barred from Federal employment? Yes, you can be barred from Federal employment if you have committed treason, inciting rebellion against the U.S., willful and unlawful destruction of public records, or knowingly and willfully advocating the overthrow of the U.S. Government.
Source:
http://federalgovernmentjobs.us/job-location/washington-wa.html?P=1
Source: https://www.usajobs.gov/Help/faq/
Photo by Rob Shenk
Fed Employment
- positions are called "appointments"
- Career-conditional
- Career
- Non-temporary
- *Non-competitive: Veterans, persons with disabilities. Broken process?
- Temporary & Term limit
Permanent employees: career-conditional appointment. Must complete a 1-year probationary period and a total of 3 years continuous creditable service to attain a career appointment.
A career appointment begins once an employee has completed three years of permanent substantially continuous creditable service in the competitive service.
A non-temporary appointment does not have a specific “not-to-exceed” date associated with it.
*Non-competitive appointing authorities are established by law or Executive Order. Agencies may use a variety of appointing authorities to hire job applicants. Examples of appointing authorities:
Direct-Hire
Disabled
30% Disabled Veterans
Veterans, individuals with disabilities, many current and former federal employees, and returning Peace Corps volunteers are all examples of individuals eligible for non-competitive appointment. A hiring manager may hire candidates directly without having to go through the full application process.
Temporary appointment: Time limited not to exceed one year but could be less.
Term appointments: Time limited for at least one year but not to exceed four years.
Source: https://www.usajobs.gov/Help/working-in-government/appointments/
A career appointment begins once an employee has completed three years of permanent substantially continuous creditable service in the competitive service.
A non-temporary appointment does not have a specific “not-to-exceed” date associated with it.
*Non-competitive appointing authorities are established by law or Executive Order. Agencies may use a variety of appointing authorities to hire job applicants. Examples of appointing authorities:
Direct-Hire
Disabled
30% Disabled Veterans
Veterans, individuals with disabilities, many current and former federal employees, and returning Peace Corps volunteers are all examples of individuals eligible for non-competitive appointment. A hiring manager may hire candidates directly without having to go through the full application process.
Temporary appointment: Time limited not to exceed one year but could be less.
Term appointments: Time limited for at least one year but not to exceed four years.
Source: https://www.usajobs.gov/Help/working-in-government/appointments/
Photo by nrg_crisis
Federal Employees
- Total: 2,700,468
- National Defense & IR: 743,813
- Postal Service: 578,493
Two largest employment functions of Civil Service are: 1) civilians working in National Defense & International Relations, 2) Postal Service.
For comparison:
The population of WA state in 2015 was 7.17 million.
The population of Seattle in 2014 was 668,342.
Source: 2014 Annual Survey Results of Public Employment & Payroll (Civilian)
http://www.census.gov/govs/apes/
For comparison:
The population of WA state in 2015 was 7.17 million.
The population of Seattle in 2014 was 668,342.
Source: 2014 Annual Survey Results of Public Employment & Payroll (Civilian)
http://www.census.gov/govs/apes/
Photo by KOMUnews
Federal Employees
- Total: 2,700,468
- Hospitals: 226,715
- Natural Resources: 171,687
- Social Insurance: 62,708
- Corrections: 39,011
- Education: 9,374
- Highways: 2,883
Source: 2014 Annual Survey Results of Public Employment & Payroll (Civilian)
http://www.census.gov/govs/apes/
http://www.census.gov/govs/apes/
Photo by Gamma Man
WA Employees
- Total: 151,617
- Hospitals: 12,060
- Social Insurance: 3,741
- Education: 83,432
- Highways: 6,726
- Natural Resources: 5,228
- Corrections: 8,845
Source: 2014 Annual Survey Results of Public Employment & Payroll (Civilian)
http://www.census.gov/govs/apes/
http://www.census.gov/govs/apes/
Photo by Onasill ~ Bill Badzo
Fed vs. WA
- Total 2,700,468 151,617 Hospitals 226,715 12,060 N Resources 171,687 5,228 Soc Insurance 62,708 3,741 Corrections 39,011 8,845 Education 9,374 83,432 Highways 2,883 6,726
Source: 2014 Annual Survey Results of Public Employment & Payroll (Civilian)
http://www.census.gov/govs/apes/
http://www.census.gov/govs/apes/
Photo by Sheribeari
Employee Powers?: Chevron Doctrine
- Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.(1984)
- Court deferred to the agency's interpretation of a law it administers.
- EPA interpreted the meaning of the Clean Air Act in order to enforce it.
- Precedent: defer to bureaucrats interpreting the law. The Chevron Doctrine applies if there is ambiguity.
What power do federal employees really have?
The term Chevron Doctrine comes from the case Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984). The EPA interpreted the meaning of the Clean air Act in order to enforce it.
"Chevron Doctrine" now refers to a defense invoked by a government agency allowing the court to show deference to the agency's interpretation of a law it administers.
It basically says that if Congress hasn't addressed the matter, the agency's interpretation of a regulation or statute it administers is permissible and it should be deferred to.
Precedent: Courts are supposed to defer to bureaucrats in interpreting the law. The Chevron Doctrine applies if there is an ambiguity.
How could agencies use this precedent in reviewing agency interpretations of laws?
The term Chevron Doctrine comes from the case Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984). The EPA interpreted the meaning of the Clean air Act in order to enforce it.
"Chevron Doctrine" now refers to a defense invoked by a government agency allowing the court to show deference to the agency's interpretation of a law it administers.
It basically says that if Congress hasn't addressed the matter, the agency's interpretation of a regulation or statute it administers is permissible and it should be deferred to.
Precedent: Courts are supposed to defer to bureaucrats in interpreting the law. The Chevron Doctrine applies if there is an ambiguity.
How could agencies use this precedent in reviewing agency interpretations of laws?
Photo by Josh Smith
Employee Powers?: Chevron Doctrine
- Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.(1984)
- Court deferred to the agency's interpretation of a law it administers.
- EPA interpreted the meaning of the Clean Air Act in order to enforce it.
- Precedent: defer to bureaucrats interpreting the law. The Chevron Doctrine applies if there is ambiguity.
What power do federal employees really have?
The term Chevron Doctrine comes from the case Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984). The EPA interpreted the meaning of the Clean air Act in order to enforce it.
"Chevron Doctrine" now refers to a defense invoked by a government agency allowing the court to show deference to the agency's interpretation of a law it administers.
It basically says that if Congress hasn't addressed the matter, the agency's interpretation of a regulation or statute it administers is permissible and it should be deferred to.
Precedent: Courts are supposed to defer to bureaucrats in interpreting the law. The Chevron Doctrine applies if there is an ambiguity.
How could agencies use this precedent in reviewing agency interpretations of laws?
The term Chevron Doctrine comes from the case Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984). The EPA interpreted the meaning of the Clean air Act in order to enforce it.
"Chevron Doctrine" now refers to a defense invoked by a government agency allowing the court to show deference to the agency's interpretation of a law it administers.
It basically says that if Congress hasn't addressed the matter, the agency's interpretation of a regulation or statute it administers is permissible and it should be deferred to.
Precedent: Courts are supposed to defer to bureaucrats in interpreting the law. The Chevron Doctrine applies if there is an ambiguity.
How could agencies use this precedent in reviewing agency interpretations of laws?
Photo by Josh Smith
Civil Service Oath
- “I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
Photo by danxoneil
Untitled Slide
WHO and WHAT holds the position at the top of the org chart?
Source: U.S. Government Printing Office https://www.gpo.gov/fdsys/pkg/GOVMAN-2014-10-06/pdf/GOVMAN-2014-10-06-Gover...
Source: U.S. Government Printing Office https://www.gpo.gov/fdsys/pkg/GOVMAN-2014-10-06/pdf/GOVMAN-2014-10-06-Gover...
Constitution: Required knowledge?
- Assumption of any law is that it can be implemented and enforced.
- Enculturate vs. Acculturate
If Federal employees have to swear to uphold the Constitution, shouldn't all public servants? Public administrators do not have a code of ethics held in common.
Who should be held accountable for knowing the Constitution?
If these are rights and protections for us, should every citizen have to know the Constitution?
Is requiring such knowledge basic assimilation? Enculturation or acculturation into the nation? Enculturation means that you learn about the ways of another culture, but you retain your own distinct culture while learning. Acculturation means that you change your own culture by taking on, accepting, believing in a culture different from your own. So you do not just conform your behaviors for a brief time period, you literally accept the ways of a people as your own.
Article I: two house legislature, representative democracy, lawmaking, money- spend/borrow, set up a system of courts- Congress can reverse the statutory constructions from courts by passing a law to contradict the ruling.
Article II: presidency, office of the president, limits on power.
Article III: completes the system of checks and balances, creates three tiers of the federal constitutional court system (district, circuit court of appeal, Supreme Court), judicial review- courts can declare a law or executive action unconstitutional.
Article IV: federal system- are powers shared or distinctly separate?, obligations of states to each other (ex. recognize other state’s marriages, wills, contracts. Treat visitors as you do your own residents.), obligations of feds to the states, admission of new states.
Article V: how to amend the constitution
Article VI: pay all previous debts, federal law supersedes all others, officials are bound to support the constitution, religion cannot be a test for office
Article VII: ratification
Who should be held accountable for knowing the Constitution?
If these are rights and protections for us, should every citizen have to know the Constitution?
Is requiring such knowledge basic assimilation? Enculturation or acculturation into the nation? Enculturation means that you learn about the ways of another culture, but you retain your own distinct culture while learning. Acculturation means that you change your own culture by taking on, accepting, believing in a culture different from your own. So you do not just conform your behaviors for a brief time period, you literally accept the ways of a people as your own.
Article I: two house legislature, representative democracy, lawmaking, money- spend/borrow, set up a system of courts- Congress can reverse the statutory constructions from courts by passing a law to contradict the ruling.
Article II: presidency, office of the president, limits on power.
Article III: completes the system of checks and balances, creates three tiers of the federal constitutional court system (district, circuit court of appeal, Supreme Court), judicial review- courts can declare a law or executive action unconstitutional.
Article IV: federal system- are powers shared or distinctly separate?, obligations of states to each other (ex. recognize other state’s marriages, wills, contracts. Treat visitors as you do your own residents.), obligations of feds to the states, admission of new states.
Article V: how to amend the constitution
Article VI: pay all previous debts, federal law supersedes all others, officials are bound to support the constitution, religion cannot be a test for office
Article VII: ratification
Photo by space_monkey
Citizenship Exam
According to the U.S. Citizenship & Immigration Services Naturalization Test, yes, to be a citizen you should know the Constitution.
Arguably, this is a role of government: to place limits membership. The Citizenship Exam is our “universal” test to determine membership. It is given verbally, WITHOUT the multiple choice options you will see here from the study guide.
This is what public administrators decided were “the questions” to ask to determine citizenship. "Do you belong? This is what you should know.” Out of 100 possible questions you will be asked 10. You must get at least 6 right in order to pass. The answers provided here are "correct" according to the U.S. Citizenship & Immigration Services.
Source: http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource...
Arguably, this is a role of government: to place limits membership. The Citizenship Exam is our “universal” test to determine membership. It is given verbally, WITHOUT the multiple choice options you will see here from the study guide.
This is what public administrators decided were “the questions” to ask to determine citizenship. "Do you belong? This is what you should know.” Out of 100 possible questions you will be asked 10. You must get at least 6 right in order to pass. The answers provided here are "correct" according to the U.S. Citizenship & Immigration Services.
Source: http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource...
Photo by chuybregts
Practice Question
- What is the capitol of the U.S.? A: Washington D.C. B: Olympia C: New York D: Detroit
Answer: A
Washington D.C. is not a state! D.C. does have a locally elected mayor and city council, but all laws passed must go up for review in Congress. Washington D.C. is a legally administered territory; eligible to achieve statehood. Amendment 23, (1961), allows D.C. 3 electors in the electoral college and to have shadow representatives in the U.S. House & Senate, but they can’t vote.
Statehood was proposed in 1993 and defeated.
Washington D.C. is not a state! D.C. does have a locally elected mayor and city council, but all laws passed must go up for review in Congress. Washington D.C. is a legally administered territory; eligible to achieve statehood. Amendment 23, (1961), allows D.C. 3 electors in the electoral college and to have shadow representatives in the U.S. House & Senate, but they can’t vote.
Statehood was proposed in 1993 and defeated.
Photo by WilliamMarlow
Citizenship Exam Q1
- Under the U.S. Constitution, some powers belong to the federal government. What is one power of the federal government? A: to provide schooling B: to provide police departments C: to make treaties D: to issue driver's licenses
Q1
Answer: C
The President... shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur....
Article II, Section 2, Clause 2
Photo by jayRaz
Citizenship Exam Q2
- What does the judicial branch do? A: resolves disputes B: decides if a law goes against the Constitution C: reviews laws D: all of these answers
Q2
Answer: D
The Judiciary includes all the federal courts (Courts of Appeals, District Courts, Bankruptcy Courts, Article I Courts, Supreme Court). The role of the Judiciary is to interpret the law.
Source: http://www.uscourts.gov/about-federal-courts/court-role-and-structure
Article III, Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.
Photo by Scott*
Citizenship Exam Q3
- How many amendments does the U.S. Constitution have? A: ten (10) B: twenty-three (23) C: twenty-one (21) D: twenty-seven (27)
Q3
Answer: D
11,623 amendments have been proposed, 33 approved, and only 27 have been ratified.
Article V: Two ways to amend the constitution: 1) by act of Congress & ratification by states or 2) by convention.
Need 34 states to petition Congress for a new convention. Most recently, there has been a movement to pass a federal balanced budget amendment. Supporters turned to the convention method of amendment. To date, those behind the balanced budget amendment have convinced 32 states to submit convention petitions to Congress. Backers of the amendment need only two more states to for Congress to call a convention.
Source: http://www.senate.gov/pagelayout/reference/three_column_table/measures_prop...
Source: http://www.crf-usa.org/america-responds-to-terrorism/do-we-need-a-new-const...
Bill of Rights- Amendments 1-10
Amendment one: cannot establish one government religion, free to believe in any religion (not practice), freedom of speech, freedom of press, freedom to assemble/petition
Amendment two: right to bear arms
Amendment three: prohibition against quartering troops
Amendment four: protects against unreasonable search & seizure
Amendment five: protecting the rights of the accused, “innocent until proven guilty,” due process of law
Amendment six: right to a jury trial, witness, hire an attorney or state will provide you with one
Amendment seven: trial by jury only an option in cases exceeding a $20 controversy
Amendment eight: no excessive bail or fines
Amendment nine: there are rights not listed in the constitution. We do not check to see if things are allowed by the constitution, rather, if they are prohibited.
Amendment ten: powers not delegated in the constitution are reserved to the states or to the people.
Amendment eleven: states cannot be sued without the states consent
Amendment twelve: specified the Electoral College
Amendment thirteen: legislative end of slavery, now involuntary servitude is only permitted as punishment for a crime.
Amendment fourteen: citizenship, representation “who counts,” placed restrictions on those who fought for the confederacy
Amendment fifteen: cannot deny the right to vote based on race, color or previous conditions of servitude.
Amendment sixteen: federal income tax
Amendment seventeen: senators now had to elected by popular election
Amendment eighteen: prohibition of alcohol
Amendment nineteen: gave women the right to vote
Amendment twenty: reduced “lame-duck” time for non-re-elected officials to Nov.- Jan. Also covers what to do if a president-elect dies or one is not chosen before election.
Amendment twenty-one: repealed prohibitions on alcohol
Amendment twenty-two: placed limits on the amount of terms a president can serve.
Amendment twenty- three: gives 3 Electoral College votes to D.C.
Amendment twenty- four: prohibited poll tax (cannot charge you to vote)
Amendment twenty-five: what do to when there are vacancies in presidency or vice-presidency or if the president becomes disabled.
Amendment twenty-six: gives 18 year olds the right to vote.
Amendment twenty-seven: (sat on the hill for 200 years) Congress cannot raise their own salaries (for that sitting Congress, but can raise salaries for the next).
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Citizenship Exam Q4
- What does the U.S. Constitution do? A: sets up the government B: defines the government C: protects basic rights of Americans D: All of the above
Q4
Answer: D
Why do we have a U.S. constitution?---to constitute, to form, to create, to establish--- it sets up government in structural form and establishes governing functions.
Photo by elPadawan
Citizenship Exam Q5
- The idea of self-government is in the first three words of the Constitution. What are these words? A: We the People B: To regulate commerce C: To provide for D: All legislative powers
Q5
Answer: A
The Preamble to the Constitution has no force in law, but it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation). This were their ideas for self-government rather than being governed by a King.
Answer: A
The Preamble to the Constitution has no force in law, but it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation). This were their ideas for self-government rather than being governed by a King.
Photo by zilverbat.
Citizenship Exam Q6
- What is the supreme law of the land? A: the U.S. Constitution, federal statutes, and treaties. B: the U.S. Supreme Court C: the U.S. President D: the U.S. Congress
Q6
Answer: A
Article Six, Clause 2 establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land." Note treaties! Very important for your reading next week.
Fed law always preempts state law if there are laws in conflict. Ex. Treaties!
State law can go above and beyond Fed law in guaranteeing rights, but states can't do less than Fed law requires. (Examples: ESD worker's comp payments, plus WA Declaration of Civil Rights RCW 49.60.030 added sexual orientation in 2006 [which is inclusive of gender expression or actual or perceived gender identity], and breast feeding in public 2009.)
State law can cover what is not enumerated in Fed law.
Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Photo by D. Keith Robinson
Citizenship Exam Q7
- What is one right or freedom in the First Amendment? A: petition the government B: bear arms C: women can vote D: no unreasonable search & seizure
Q7
Answer: A
Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Citizenship Exam Q8
- What is freedom of religion? A: No other religion can impact you B: Your beliefs are regulated C: You can practice any religion, or not practice a religion D: All of the above
Q8
Answer: C
Freedom "from" vs. freedom "of" (religion, speech, press)= I can practice what I want, but I’m not free from the impacts of others also practicing what they want---word choice is very important in laws and policies---- example: the constitution does not explicitly guarantee a separation between church & state. Only says freedom of religion, no national religion, no religious tests.
The misnomer about the separation between church and state came from a letter Thomas Jefferson wrote: there shall be a "wall of separation between church and state", as written in Jefferson's letter to the Danbury Baptist Association in 1802.
Answer: C
Freedom "from" vs. freedom "of" (religion, speech, press)= I can practice what I want, but I’m not free from the impacts of others also practicing what they want---word choice is very important in laws and policies---- example: the constitution does not explicitly guarantee a separation between church & state. Only says freedom of religion, no national religion, no religious tests.
The misnomer about the separation between church and state came from a letter Thomas Jefferson wrote: there shall be a "wall of separation between church and state", as written in Jefferson's letter to the Danbury Baptist Association in 1802.
Photo by Arguez
Citizenship Exam Q9
- How many U.S. Senators are there? A: one hundred (100) B: two hundred (200) C: seventy five (75) D: five hundred two (502)
Q9
Answer: A
Article I, Section 3. Senate: 100 members, 2 members for each state, must be at least 30 years old, U.S. citizen for at least 9 years, six year term in office.
Answer: A
Article I, Section 3. Senate: 100 members, 2 members for each state, must be at least 30 years old, U.S. citizen for at least 9 years, six year term in office.
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Citizenship Exam Q10
- The U.S. House of Representatives has how many voting members? A: nine hundred (900) B: four hundred thirty-five (435) C: one hundred (100) D: forty two (42)
Q10
Answer: B
Federalist papers 55 & 56 state 1 representative for every 35,000 people. Now due to population growth it is 1 for every 700,000.
Article I, Section 2. House of Representatives: 435 members, based upon the population of each state, must be at least 25 years old, U.S. citizen for at least 7 years, 2 year term in office.
Photo by ajagendorf25
Results?
- Did you get the minimum 6 out of 10 correct?
Want to learn more? Try out all the questions at:
https://www.uscis.gov/us-citizenship/naturalization-test
Want to search the constitution for what you are interested in? Check out this site:
http://www.heritage.org/constitution/#!/
https://www.uscis.gov/us-citizenship/naturalization-test
Want to search the constitution for what you are interested in? Check out this site:
http://www.heritage.org/constitution/#!/
Photo by theqspeaks
Constitution Defined
- Constitute: To be a part of the whole. To form. To establish by law.
- A constitution is “…a fundamental framework that empowers the people to state who they are, define how they will make community decisions, choose their direction, solve their disputes, and stay a people” (Jorgensen, 2007, p. 79).
Article I: Legislative Branch- House of Representatives and the Senate.
Article II: Executive Branch
Article III: Judicial Branch
Article IV: How states work together, Citizen’s rights, State’s rights.
Article V: Amending the Constitution
Article VI: Public Debt, Supreme Law of the Land
Article VII: Ratification of the Constitution
Legislative Branch: Congress
House of Representatives: 435 members, based upon the population of each state, must be at least 25 years old, U.S. citizen for at least 7 years, 2 year term in office, can impeach officials.
Senate: 100 members, 2 members for each state, must be at least 30 years old, U.S. citizen for at least 9 years, six year term in office, holds impeachment trials.
The role of the Executive is mainly to make sure the law is carried out. Executive branch includes: President, Vice President, Department of Agriculture, Department of Commerce, Department of Defense, Homeland Security, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs.
Third branch is the Judiciary. This includes all the federal courts, all the way up to the Supreme Court. States have their own court systems that fall underneath the national court system. The role of the Judiciary is to interpret the law.
Quote Source: Rebuilding Native Nations
Article II: Executive Branch
Article III: Judicial Branch
Article IV: How states work together, Citizen’s rights, State’s rights.
Article V: Amending the Constitution
Article VI: Public Debt, Supreme Law of the Land
Article VII: Ratification of the Constitution
Legislative Branch: Congress
House of Representatives: 435 members, based upon the population of each state, must be at least 25 years old, U.S. citizen for at least 7 years, 2 year term in office, can impeach officials.
Senate: 100 members, 2 members for each state, must be at least 30 years old, U.S. citizen for at least 9 years, six year term in office, holds impeachment trials.
The role of the Executive is mainly to make sure the law is carried out. Executive branch includes: President, Vice President, Department of Agriculture, Department of Commerce, Department of Defense, Homeland Security, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs.
Third branch is the Judiciary. This includes all the federal courts, all the way up to the Supreme Court. States have their own court systems that fall underneath the national court system. The role of the Judiciary is to interpret the law.
Quote Source: Rebuilding Native Nations
Photo by harold.lloyd
Constitution Facts
- U.S. has functioned under 2 different Constitutions.
- The word "Democracy" does not appear in Constitution.The words "Republican form of government" do appear.
- The words "Republican form of government" do appear.
U.S. has functioned under both the Articles of Confederation and the Constitution.
The first, The Articles of
Confederation, was in effect 1781. The second,
The Constitution, replaced the Articles when it was ratified in 1788.
The two documents are very different. Comparing them can give us insight into what the Framers found important in 1781 vs. 1788. Remember the Revolutionary War went on from 1775-1783.
Articles of Confederation:
Organizing Principle- a loose confederation of independent states, with a weak central government.
Central Government- no president or judiciary. Legislature has no power to levy taxes, to regulate commerce between states, or to enforce national policy.
State Governments- sovereign states have veto power over constitutional change, independent power over militia and over commerce between states.
U.S. Constitution:
Organizing Principle- a federation of states, with powers divided between states and a central government.
Central Government- powers are divided among executive, judicial, and legislative branches, each with certain powers over one another. Can levy taxes, regulate commerce and currency, enforce national laws, and raise a military.
State Governments- states are represented in Congress and through electoral votes. Approval of 3/4 of the states needed to amend the Constitution.
The word "democracy" does not appear in constitution. Is this because we are a Republic? Oxford dictionary definition of Republic: a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
Article IV, Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
The first, The Articles of
Confederation, was in effect 1781. The second,
The Constitution, replaced the Articles when it was ratified in 1788.
The two documents are very different. Comparing them can give us insight into what the Framers found important in 1781 vs. 1788. Remember the Revolutionary War went on from 1775-1783.
Articles of Confederation:
Organizing Principle- a loose confederation of independent states, with a weak central government.
Central Government- no president or judiciary. Legislature has no power to levy taxes, to regulate commerce between states, or to enforce national policy.
State Governments- sovereign states have veto power over constitutional change, independent power over militia and over commerce between states.
U.S. Constitution:
Organizing Principle- a federation of states, with powers divided between states and a central government.
Central Government- powers are divided among executive, judicial, and legislative branches, each with certain powers over one another. Can levy taxes, regulate commerce and currency, enforce national laws, and raise a military.
State Governments- states are represented in Congress and through electoral votes. Approval of 3/4 of the states needed to amend the Constitution.
The word "democracy" does not appear in constitution. Is this because we are a Republic? Oxford dictionary definition of Republic: a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
Article IV, Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
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Constitutional Convention
- Behind locked doors with sentries.
- May-September 1787
- No official notes.
- 55 delegates, 39 signed.
Framers could have gone with direct democracy. But instead, they went with representative democracy. They could have opened the constitutional convention up to the public, but they did not. They could have held town hall meetings and gathered input from citizens on the document, but they did not.
The actual process of how the constitution came into being are examples of decision making. The framers wanted to encourage rational decision making and compromise. Because the votes in the convention were by state only (12 states; Rhode Island did not participate) the 55 delegates knew that there would be no public record kept of their personal leanings. All of this affected the decision making process.
Population estimate at the time was 4 million. U.S. population is now more than 321 million.
We have not had a constitutional convention in 229 years. Maybe we should? What would a constitutional convention look like today? Who would be there? Where? How? TV/Internet/Social Media?
The actual process of how the constitution came into being are examples of decision making. The framers wanted to encourage rational decision making and compromise. Because the votes in the convention were by state only (12 states; Rhode Island did not participate) the 55 delegates knew that there would be no public record kept of their personal leanings. All of this affected the decision making process.
Population estimate at the time was 4 million. U.S. population is now more than 321 million.
We have not had a constitutional convention in 229 years. Maybe we should? What would a constitutional convention look like today? Who would be there? Where? How? TV/Internet/Social Media?
Framers' Religion
- Congregationalist: 7
- Deist & Dutch Reformed: 2
- Episcopal: 25
- Lutheran & Methodist: 3
- Presbyterian: 13
- Quaker: 3
- Roman Catholic: 2
Important to acknowledge the religion of the Framers. Their background and values shaped the decisions made.
Especially important for understanding Manifest Destiny and the Discovery Doctrine when it comes to treaties and how Indians were treated in the Constitution.
Source: http://www.usconstitution.net/constframedata.html
Especially important for understanding Manifest Destiny and the Discovery Doctrine when it comes to treaties and how Indians were treated in the Constitution.
Source: http://www.usconstitution.net/constframedata.html
Photo by FredericRivollier
Framers' Occupation
- Lawyer: 32
- Politician: 6
- Merchant: 10
- Doctor: 2
- Teacher: 2
- Solider: 2
- Farmer: 1
Predominantly lawyers and business men. Again, it is important to recognize how their backgrounds impacted their decisions regarding what was written into the Constitution.
Source: http://www.usconstitution.net/constframedata.html
Source: http://www.usconstitution.net/constframedata.html
Photo by Gamma Man
Need to Know
- Elastic Clause: Necessary & Proper, Plenary power, Government Owned Corporations.
- U.S. gov cannot be sued unless it agrees to be sued.
- Enumeration Clause
- Needs vs. Rights
- Census
5 things all PAs need know about the constitution.
Article I, Section 8: Elastic clause. Congress can make laws necessary to carry out the powers given to it. This is also referred to as the "Necessary & Proper" Clause and the key example of plenary power provided to Congress. Plenary power means complete or full power over something.
For example, it allows Congress to create Government Owned Corporations. These are separate and distinct from government: administratively, financially, and legally.
No committee, agency, or branch is responsible for oversight of Government Owned Corporations. They have sovereign immunity. A government corporation is a
government agency that is established by Congress to provide a market-oriented public service
and to produce revenues that meet or approximate its expenditures. Examples: TVA, Amtrak, NASA, U.S. Enrichment Corp. See Johnson textbook p. 34.
Right to sue Federal gov? Article III: U.S. gov has sovereign immunity and can only be sued if it agrees to be sued plus the U.S. Supreme Court decides what cases it will hear based on “standing”--- the only real change happened in 1948 with Federal Tort Claims Act allowing private parties to sue U.S. in federal court for wrongs against their civil rights—ex. federal prisoner sued for violations of his civil rights by a federal prisoner guard.
Enumeration Clause: Amendment 9 “the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Meant to be a rights giving document, not a rights taking away document.
Needs vs. Rights:
question the difference between needs and rights. I need water to survive, but do I have a right to clean water? Is Republican form of government a human need or human right? What rights really are inalienable?: not transferable to another—you possess these rights inherently. Whose duty is it to meet needs? Whose duty is it to meet rights? What needs and rights are not in the constitution, but should be? Is the constitution a floor or a ceiling? Is it our foundation so we can grow or is it a document to cap us?
Census:
mandated by constitution Article I, section 2 for apportionment (representation).
Distributes more than $400 billion in federal funds to local, state and tribal governments each year based on census data. U.S. Census Bureau (part of the U.S. Department of Commerce)
Changes in 2020 to save money and increase self-response: http://www.census.gov/library/infographics/invest-now.html . Savings of $5 billion. Response options via e-mail, text, social media, and online. They are also going to pilot test language support. Access existing government data to reduce need for door knocking. If your info is already in another government database (HUD, VA, HHS, SSA, IRS) then the census doesn’t need to bug you.
Why?: (Census Bureau: “good policy demands accurate data.”),
What Data U.S. Census Bureau Collects & When: Population & Housing Census - every 10 years, Economic Census - every 5 years, Census of Governments - every 5 years, American Community Survey – annually.
How Data are Used: used to define legislature districts, school district assignment areas and other important functional areas of government. To make decisions about what community services to provide. Changes in your community are crucial to many planning decisions, such as where to: provide services for the elderly; where to build new roads and schools; or where to locate job training centers.
Who?: All persons in the country on April 1, 2010. Citizen or not, Incarcerated, Institutionalized (psychiatric facility, nursing home, hospitals, treatment centers), Military base.
Not counted: Homeless persons in shelter or not, persons in domestic violence shelters, & persons traveling/living outside U.S..
Census 2010 Ten questions:
1. How many people were living or staying in this house, apartment, or mobile home on April 1, 2010?
2. Were there any additional people staying here April 1, 2010 that you did not include in Question 1?
3. Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent?
4. What is your telephone number?
5. Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1's name?
6. What is Person 1's sex?
7. What is Person 1's age and Date of Birth?
8. Is Person 1 of Hispanic, Latino, or Spanish origin?
9. What is Person 1's race?
10. Does Person 1 sometimes live or stay somewhere else?
We do not ask for religious affiliation.
When the Bureau became permanent in 1902, the Census of Religious Bodies was a stand-alone census taken every 10 years between 1906 and 1936. The entire census was eliminated after WWII. The U.S. Census Bureau does not collect data on religious affiliation. Public Law 94-521 prohibits from asking a question on religious affiliation on a mandatory basis.
Article I, Section 8: Elastic clause. Congress can make laws necessary to carry out the powers given to it. This is also referred to as the "Necessary & Proper" Clause and the key example of plenary power provided to Congress. Plenary power means complete or full power over something.
For example, it allows Congress to create Government Owned Corporations. These are separate and distinct from government: administratively, financially, and legally.
No committee, agency, or branch is responsible for oversight of Government Owned Corporations. They have sovereign immunity. A government corporation is a
government agency that is established by Congress to provide a market-oriented public service
and to produce revenues that meet or approximate its expenditures. Examples: TVA, Amtrak, NASA, U.S. Enrichment Corp. See Johnson textbook p. 34.
Right to sue Federal gov? Article III: U.S. gov has sovereign immunity and can only be sued if it agrees to be sued plus the U.S. Supreme Court decides what cases it will hear based on “standing”--- the only real change happened in 1948 with Federal Tort Claims Act allowing private parties to sue U.S. in federal court for wrongs against their civil rights—ex. federal prisoner sued for violations of his civil rights by a federal prisoner guard.
Enumeration Clause: Amendment 9 “the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Meant to be a rights giving document, not a rights taking away document.
Needs vs. Rights:
question the difference between needs and rights. I need water to survive, but do I have a right to clean water? Is Republican form of government a human need or human right? What rights really are inalienable?: not transferable to another—you possess these rights inherently. Whose duty is it to meet needs? Whose duty is it to meet rights? What needs and rights are not in the constitution, but should be? Is the constitution a floor or a ceiling? Is it our foundation so we can grow or is it a document to cap us?
Census:
mandated by constitution Article I, section 2 for apportionment (representation).
Distributes more than $400 billion in federal funds to local, state and tribal governments each year based on census data. U.S. Census Bureau (part of the U.S. Department of Commerce)
Changes in 2020 to save money and increase self-response: http://www.census.gov/library/infographics/invest-now.html . Savings of $5 billion. Response options via e-mail, text, social media, and online. They are also going to pilot test language support. Access existing government data to reduce need for door knocking. If your info is already in another government database (HUD, VA, HHS, SSA, IRS) then the census doesn’t need to bug you.
Why?: (Census Bureau: “good policy demands accurate data.”),
What Data U.S. Census Bureau Collects & When: Population & Housing Census - every 10 years, Economic Census - every 5 years, Census of Governments - every 5 years, American Community Survey – annually.
How Data are Used: used to define legislature districts, school district assignment areas and other important functional areas of government. To make decisions about what community services to provide. Changes in your community are crucial to many planning decisions, such as where to: provide services for the elderly; where to build new roads and schools; or where to locate job training centers.
Who?: All persons in the country on April 1, 2010. Citizen or not, Incarcerated, Institutionalized (psychiatric facility, nursing home, hospitals, treatment centers), Military base.
Not counted: Homeless persons in shelter or not, persons in domestic violence shelters, & persons traveling/living outside U.S..
Census 2010 Ten questions:
1. How many people were living or staying in this house, apartment, or mobile home on April 1, 2010?
2. Were there any additional people staying here April 1, 2010 that you did not include in Question 1?
3. Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent?
4. What is your telephone number?
5. Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1's name?
6. What is Person 1's sex?
7. What is Person 1's age and Date of Birth?
8. Is Person 1 of Hispanic, Latino, or Spanish origin?
9. What is Person 1's race?
10. Does Person 1 sometimes live or stay somewhere else?
We do not ask for religious affiliation.
When the Bureau became permanent in 1902, the Census of Religious Bodies was a stand-alone census taken every 10 years between 1906 and 1936. The entire census was eliminated after WWII. The U.S. Census Bureau does not collect data on religious affiliation. Public Law 94-521 prohibits from asking a question on religious affiliation on a mandatory basis.
Photo by DonkeyHotey
Questions Arise
- *Where is Power located? *Accountability under dependency? *Who are “the public”? *What is the role of government? *Social engineering? *Qualifications for Federal Gov? *Consent of the governed. Is lack of participation consent?
- Static or living breathing document?
The Preamble to the Constitution has no force in law, but it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation).
Studying the Constitution brings up a lot of questions.
Where is power located?
Pluralism vs. Elitism.
Elitism: Floyd Hunter 1953. Power by association with other elites. Power clusters where people were elites because they could make decision cut off from the masses. There was no one ruler, but there were cliques of power and these cliques were usually due to property ownership.
Pluralism: Robert Dahl 1956. Power is widely scattered among the masses; power comes through resources & everyone has at least some resources. These resources can be money, access to decision makers, sheer numbers of people, a collective cause, and voice. Potential power exceeds actual power and no one is all powerful since everyone has at least some resources.
Can we realistically hold gov accountable when we are dependent upon gov?
Social Engineering: constitution effectively engaged in social engineering: constructing society. Is this not the task of public servants? Set the course of civil society?
U.S. Supreme Court has no qualifications required. Not age, education, or citizenship.
Source: https://www.supremecourt.gov/faq.aspx#faqgi2
Article III of the Constitution does not specify the qualifications required of a Supreme Court Justice, or specify the size of the court. Should we have qualifications like education for all 3 branches of government?
Static or dynamic living breathing document? Should the Constitution be interpreted as the Framers intended at the time it was written or should we interpret it within the understandings of our own time today?
Power: the capacity of individuals, groups, policies or norms to influence behaviors, attitudes, identities or outcomes. 1) power is relational- I only have it if others recognize my power, 2) power can be used regardless of compliance, 3) power is not a possession- I may have power in one situation, but not in another.
Norms: “the basic values that shape the goals of a culture or subculture for which certain normative patterns are seen as desirable for achievement” (Rudoff, 1991, p. 27).
Institutionalization of norms: “…involves formalized procedures that perpetuate organizing principles of social life from generation to generation” (Blau, 1977, p. 273).
Studying the Constitution brings up a lot of questions.
Where is power located?
Pluralism vs. Elitism.
Elitism: Floyd Hunter 1953. Power by association with other elites. Power clusters where people were elites because they could make decision cut off from the masses. There was no one ruler, but there were cliques of power and these cliques were usually due to property ownership.
Pluralism: Robert Dahl 1956. Power is widely scattered among the masses; power comes through resources & everyone has at least some resources. These resources can be money, access to decision makers, sheer numbers of people, a collective cause, and voice. Potential power exceeds actual power and no one is all powerful since everyone has at least some resources.
Can we realistically hold gov accountable when we are dependent upon gov?
Social Engineering: constitution effectively engaged in social engineering: constructing society. Is this not the task of public servants? Set the course of civil society?
U.S. Supreme Court has no qualifications required. Not age, education, or citizenship.
Source: https://www.supremecourt.gov/faq.aspx#faqgi2
Article III of the Constitution does not specify the qualifications required of a Supreme Court Justice, or specify the size of the court. Should we have qualifications like education for all 3 branches of government?
Static or dynamic living breathing document? Should the Constitution be interpreted as the Framers intended at the time it was written or should we interpret it within the understandings of our own time today?
Power: the capacity of individuals, groups, policies or norms to influence behaviors, attitudes, identities or outcomes. 1) power is relational- I only have it if others recognize my power, 2) power can be used regardless of compliance, 3) power is not a possession- I may have power in one situation, but not in another.
Norms: “the basic values that shape the goals of a culture or subculture for which certain normative patterns are seen as desirable for achievement” (Rudoff, 1991, p. 27).
Institutionalization of norms: “…involves formalized procedures that perpetuate organizing principles of social life from generation to generation” (Blau, 1977, p. 273).
Photo by Steve took it
Workshop
- 15 minutes. Groups of 2 or 3.
- Affordable Care Act: "Obamacare"
- Who are the public administrators involved?
- What are the policies involved?
Who counts in your view as a public administrator? Congress members, President, Insurance Company staff, Hospital staff, Federal civil service agency staff, State agency staff, local non-profit clinic staff, etc.
What counts in your view as the policies involved? The actual Federal Act (law), appropriations bills to fund the law, Federal agency internal policies to administer the Act, State agency internal policies advising employees on processes and procedures to implement the Act, insurance company internal policies to regulate coverage, non-profit organization policies to advise billing practices, etc.
What counts in your view as the policies involved? The actual Federal Act (law), appropriations bills to fund the law, Federal agency internal policies to administer the Act, State agency internal policies advising employees on processes and procedures to implement the Act, insurance company internal policies to regulate coverage, non-profit organization policies to advise billing practices, etc.
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My Definitions?
- Public Administrators: teams of leaders who translate ideas into goods, services, systems, and policies by reconciling public debates over expectations from the people and expectations from government.
- Public Policy: record of priorities in decision making.
Public Administration is doing collectively that which cannot be so well done individually. - Shafritz
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Decisions:
It's what we do.
Government & Governing:
Government= structure/form.
Governing= doing/function.
Through the systems of government and day-to-day work of governing, public administrators inform & make decisions.
Government= structure/form.
Governing= doing/function.
Through the systems of government and day-to-day work of governing, public administrators inform & make decisions.
Photo by SJL
Make decisions based on what?
But what is valued?
What are decisions based on? What should decisions be based on? The authors of Radical Dharma and Flyover Nation offered perspectives on what to focus on for decision making in society and government. The authors of the empathy articles and the Johnson textbook offered perspectives on what decision makers should consider. What do you think we as public administrators should base our decisions on in governing (this includes non-profits)?
What are decisions based on? What should decisions be based on? The authors of Radical Dharma and Flyover Nation offered perspectives on what to focus on for decision making in society and government. The authors of the empathy articles and the Johnson textbook offered perspectives on what decision makers should consider. What do you think we as public administrators should base our decisions on in governing (this includes non-profits)?
Photo by antwerpenR
Classic PA vs. Challenge PA
- Efficiency vs. Effectiveness
- Facts vs. Values
- Objectivity vs. Subjectivity
- Administration by Experts vs. Politics
- Formal Authority vs. Informal
- Sameness (rational, closed system) vs. Otherness (difference, open system)
- Quant Evidence vs. Qual Experiences
What should we (Gov & Nonprofits) base decisions on?
Major Debates in Public Administration.
Divide between the classical approach and the challenge approach.
Classics: Efficiency, Facts, Objectivity, Administration (Experts), formal authority, sameness (rational model), Scientific/Quantitative Evidence ….. vs….
Challenge: Effectiveness, Values, Subjectivity and Politics, informal authority (the faces of power), otherness (difference), Qualitative Experiences
Defining the Classics: Public organizations should operate with power located at the top to maximize efficiency. Public administration should be about value free, neutral professionals who are experts that maintain bureaucracy. Army of experts. Made a clear distinction between politics (legislation that follows the public will and values) and administration (the execution of law by value free experts).
Defining the Challenge: The aim of the challenge is to show what is wrong with the world and as it is and to help improve it. They question whether an effect is morally or politically desirable. Recognize that social constructions exist= we cannot know “facts” separate from interests. Emphasize the imbrication of theory and practice. The goal of the challenge is to bring about social and political change.
Both the classical approach to PA & the challenge approach are simply management approaches to getting things done in public service….. make decisions based on what?
Major Debates in Public Administration.
Divide between the classical approach and the challenge approach.
Classics: Efficiency, Facts, Objectivity, Administration (Experts), formal authority, sameness (rational model), Scientific/Quantitative Evidence ….. vs….
Challenge: Effectiveness, Values, Subjectivity and Politics, informal authority (the faces of power), otherness (difference), Qualitative Experiences
Defining the Classics: Public organizations should operate with power located at the top to maximize efficiency. Public administration should be about value free, neutral professionals who are experts that maintain bureaucracy. Army of experts. Made a clear distinction between politics (legislation that follows the public will and values) and administration (the execution of law by value free experts).
Defining the Challenge: The aim of the challenge is to show what is wrong with the world and as it is and to help improve it. They question whether an effect is morally or politically desirable. Recognize that social constructions exist= we cannot know “facts” separate from interests. Emphasize the imbrication of theory and practice. The goal of the challenge is to bring about social and political change.
Both the classical approach to PA & the challenge approach are simply management approaches to getting things done in public service….. make decisions based on what?
"T"ruth vs. "t"ruths
Most decisions are based on either a universal truth or subjective contextual truths.
Big "T" truths are absolute universals that can be applied to all things.
Little "t" truths are those realities that can “depend” on the context and therefore the “truth” is not fixed or finite. It is subjective and as infinite as the people who may have the experienced the truth in question.
Big “T”ruth (singular): struggle between religion and science; both are beliefs about how the world really works and about the types of creatures we are… one set of "answers" must be accepted as the “T”ruth…the final word… the absolute reality…. objectively.
Little “t”ruths (plural): accept errors exist. Schulz in Being Wrong “No matter the domain of life, one generation’s verities so often become the next generation’s falsehoods…” (p.9). Subjectivity. We have the ability to imagine new realities.
Big "T" truths are absolute universals that can be applied to all things.
Little "t" truths are those realities that can “depend” on the context and therefore the “truth” is not fixed or finite. It is subjective and as infinite as the people who may have the experienced the truth in question.
Big “T”ruth (singular): struggle between religion and science; both are beliefs about how the world really works and about the types of creatures we are… one set of "answers" must be accepted as the “T”ruth…the final word… the absolute reality…. objectively.
Little “t”ruths (plural): accept errors exist. Schulz in Being Wrong “No matter the domain of life, one generation’s verities so often become the next generation’s falsehoods…” (p.9). Subjectivity. We have the ability to imagine new realities.
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academics? public administrators?
Who will inform your decisions?
Who offers you information that you accept as knowledge?
How many of you believe that life exists beyond our planet (belief in aliens)? But if I told you I just saw an alien in the hallway, would you believe me? Would you accept that sighting as evidence to inform your knowledge about extraterrestrials?
Story: What is your evidence of sanity? What counts as proof for you? This is what you accept or reject as part of your knowledge base.
Question the rule of law origins given by Johnson. "Rule of law is a Western tradition that dates back to ... Deuteronomy" in the Old Testament of the Bible (also known as the Torah). He could have focused on Exodus when Moses received the Ten Commandments.
He could have focused on the French: The term “Rule of Law" is derived from the French phrase 'La Principe de Legality' (the principle of legality) which refers to a government based on principles of law and not of men. Rule of Law means that Law is supreme and is above every individual.
In India, the concept of Rule of Law can be traced back to the Upanishad (Hindu texts). It provides that Law is the King of Kings.
Who offers you information that you accept as knowledge?
How many of you believe that life exists beyond our planet (belief in aliens)? But if I told you I just saw an alien in the hallway, would you believe me? Would you accept that sighting as evidence to inform your knowledge about extraterrestrials?
Story: What is your evidence of sanity? What counts as proof for you? This is what you accept or reject as part of your knowledge base.
Question the rule of law origins given by Johnson. "Rule of law is a Western tradition that dates back to ... Deuteronomy" in the Old Testament of the Bible (also known as the Torah). He could have focused on Exodus when Moses received the Ten Commandments.
He could have focused on the French: The term “Rule of Law" is derived from the French phrase 'La Principe de Legality' (the principle of legality) which refers to a government based on principles of law and not of men. Rule of Law means that Law is supreme and is above every individual.
In India, the concept of Rule of Law can be traced back to the Upanishad (Hindu texts). It provides that Law is the King of Kings.
Photo by Pete Prodoehl
PA in Practice
What informs our decisions? Us.
Practitioners transform "data" into information and policies.
Arguably, practitioners' values about what counts as "data" can influence what pieces of data are even considered. Not to mention the impacts of values on analyzing data to produce information.
We are the sieve.
Arguably, practitioners' values about what counts as "data" can influence what pieces of data are even considered. Not to mention the impacts of values on analyzing data to produce information.
We are the sieve.
Photo by verbeeldingskr8
World Views
We study PA because it can help us sift through differing world views. Our own and those of others. World views can influence our motivations for decision making.
The ways we think effect the ways in which we act and react. Like a picture, thoughts are “framed” or informed by our world view and then we see the picture by reasoning our way through it to find meaning.
The ways we think effect the ways in which we act and react. Like a picture, thoughts are “framed” or informed by our world view and then we see the picture by reasoning our way through it to find meaning.
Photo by Kevin M. Gill
Where PA Comes From
We frame our initial responses to issues based upon the world view we’ve formed over time (our epistemology). After that first reaction, we then reason through issues based upon where we deem "T"ruth or “t”ruths come from. Our frames of reference and our lines of reasoning inform each other in a continuous feedback loop.
“Knowing” comes from accepting or rejecting information filtered by your world view. Knowledge is the basis for ideas generating governing systems, policies, programs, services, and evaluations.
Think about all of the authors you've read so far. Their world views shaped the "knowledge" they conveyed.
“Knowing” comes from accepting or rejecting information filtered by your world view. Knowledge is the basis for ideas generating governing systems, policies, programs, services, and evaluations.
Think about all of the authors you've read so far. Their world views shaped the "knowledge" they conveyed.
Epistemology
- How you come to know.
- The lenses you use to acquire knowledge. World view.
- Example: how do you know to use a phone? Personal experience, instructions, both?
Story of Christmas morning. Relied on personal experience so much that bike assembly instructions were ignored.
Ikea understands this.
Ikea understands this.
Photo by ** RCB **
Theory
- Concept formulation & hypothesis testing.
- Speculation as opposed to facts.
- Proposed description, explanation, or model.
- Examples: Weber's bureaucracy, principal-agent, rational vs. incremental decision making.
Bureaucracy: Max Weber (1864-1920) was a sociologist who observed the division of labor in a pin factory and he developed his "ideal type" theory of work. In the post-industrial revolution world, he admired the manufacturing industry's top down hierarchy, formal authority, rational, efficiency, expertise/specialization, and accountability.
Result: he argued to impose the “one best way” procedure on the whole workforce, universally, in any organization or place. If there was one best way to accomplish a production task on an assembly line then there was one best way to accomplish the task of setting up organizations= bureaucracy.
Principal- agent decision making: Argues that public service is a "transaction". This transaction occurs between one group who needs something (principal) and another group who delivers something (agent). The transaction is complete when the agent makes decisions for the principal. Some scenarios: 1) the principal is the public and the agent is government or non-profit workers. 2) the principal is Senior Executives in Federal Civil Service and the agent is government or non-profit workers. Problems arise when the "ideal role" of the state may not be in the interest of either the principals or the agents (this is known as a "moral hazard").
Three ways in which agents may differ from their principals: First, the agents may have different preferences from their principal. Second, agents may have different incentives from the principal. Agents may have a different stake in the outcome or may receive different rewards than the principal. Third, agents may have information that is unavailable to the principal, or vice versa. See economic theorists such as Joseph Stiglitz or motivation theorists such as Daniel Pink.
Rational decision making ("Rational-Choice"): relies on concepts from economics and psychology. An individual makes a rational decision by assessing all of the alternatives known to them and selecting the one decision that will maximize his or her utility (value) and maximize the attainment of objectives. This assumes that perfect information is available to the decision maker, that all the alternatives available have one and only one clear meaning, and that all alternatives have a common denominator to be weighed against each other. Assumes an objective, market, model of society and a closed environment for decisions to keep chaos and politics out.---see classic PA theorists such as Herbert Simon, Frederick Taylor, Luther Gulick, Max Weber, Charles Goodnow.
Incremental decision making ("Incrementalism"): groups of decision makers formulate small goals and consider only a limited number of options. A decision is rarely, if ever, made from scratch. Start from current situation and small changes are more likely than dramatic or revolutionary changes. Favors status quo over radical change because small changes are always possible at the margin. Favors the power of communication through argumentation due to the intersubjective meanings and understandings of options available to decision makers. This practice entails "muddling through" issues in context. Consensus may only be reached through the better argument and clear understanding of meanings and consequences. ---see theorists such as Charles Lindbloom and Jurgen Habermas.
Result: he argued to impose the “one best way” procedure on the whole workforce, universally, in any organization or place. If there was one best way to accomplish a production task on an assembly line then there was one best way to accomplish the task of setting up organizations= bureaucracy.
Principal- agent decision making: Argues that public service is a "transaction". This transaction occurs between one group who needs something (principal) and another group who delivers something (agent). The transaction is complete when the agent makes decisions for the principal. Some scenarios: 1) the principal is the public and the agent is government or non-profit workers. 2) the principal is Senior Executives in Federal Civil Service and the agent is government or non-profit workers. Problems arise when the "ideal role" of the state may not be in the interest of either the principals or the agents (this is known as a "moral hazard").
Three ways in which agents may differ from their principals: First, the agents may have different preferences from their principal. Second, agents may have different incentives from the principal. Agents may have a different stake in the outcome or may receive different rewards than the principal. Third, agents may have information that is unavailable to the principal, or vice versa. See economic theorists such as Joseph Stiglitz or motivation theorists such as Daniel Pink.
Rational decision making ("Rational-Choice"): relies on concepts from economics and psychology. An individual makes a rational decision by assessing all of the alternatives known to them and selecting the one decision that will maximize his or her utility (value) and maximize the attainment of objectives. This assumes that perfect information is available to the decision maker, that all the alternatives available have one and only one clear meaning, and that all alternatives have a common denominator to be weighed against each other. Assumes an objective, market, model of society and a closed environment for decisions to keep chaos and politics out.---see classic PA theorists such as Herbert Simon, Frederick Taylor, Luther Gulick, Max Weber, Charles Goodnow.
Incremental decision making ("Incrementalism"): groups of decision makers formulate small goals and consider only a limited number of options. A decision is rarely, if ever, made from scratch. Start from current situation and small changes are more likely than dramatic or revolutionary changes. Favors status quo over radical change because small changes are always possible at the margin. Favors the power of communication through argumentation due to the intersubjective meanings and understandings of options available to decision makers. This practice entails "muddling through" issues in context. Consensus may only be reached through the better argument and clear understanding of meanings and consequences. ---see theorists such as Charles Lindbloom and Jurgen Habermas.
Photo by Stuck in Customs
Ideology
- Generally accepted theory or idea.
- Organized collection of ideas.
- Comprehensive vision.
- Example: Direct Democracy.
Direct democracy, sometimes called "pure democracy," is a form of democracy in which the people themselves, rather than elected representatives, determine the laws and policies by which they are governed.
Direct democracy is the opposite of the more common "representative democracy," under which the people elect representatives empowered to create laws and policies.
While the United States practices representative democracy, as embodied in the U.S. Congress and the state legislatures, three forms of limited direct democracy are practiced at the state and local level: ballot initiatives and referendums, and recall of elected officials.
Source: http://usgovinfo.about.com/od/thepoliticalsystem/a/Direct-Democracy.htm
Direct democracy is the opposite of the more common "representative democracy," under which the people elect representatives empowered to create laws and policies.
While the United States practices representative democracy, as embodied in the U.S. Congress and the state legislatures, three forms of limited direct democracy are practiced at the state and local level: ballot initiatives and referendums, and recall of elected officials.
Source: http://usgovinfo.about.com/od/thepoliticalsystem/a/Direct-Democracy.htm
Photo by D.H. Parks
Paradigm
- When an ideology becomes dominant in form & substance (institutionalized).
- Thought pattern within a discipline or field of study.
- "Logically consistent portrait of the world."- Kuhn
- Example: Lean in public administration.
Photo by Shawn Clover
Where PA Comes From
We frame our initial responses to issues based upon the world view we’ve formed over time (our epistemology). After that first reaction, we then reason through issues based upon where we deem "T"ruth or “t”ruths come from. Our frames of reference and our lines of reasoning inform each other in a continuous feedback loop.
“Knowing” comes from accepting or rejecting information filtered by your world view. Knowledge is the basis for ideas generating governing systems, policies, programs, services, and evaluations.
Think about all of the authors you've read so far. Their world views shaped the "knowledge" they conveyed.
“Knowing” comes from accepting or rejecting information filtered by your world view. Knowledge is the basis for ideas generating governing systems, policies, programs, services, and evaluations.
Think about all of the authors you've read so far. Their world views shaped the "knowledge" they conveyed.
PA: Why Study?
Government is no substitute for judgement. Only YOU can prevent bad decisions.
Thank you!
Photo by NASA Goddard Space Flight Center
