Representation Professor Kelly Rivera Outline I. Introduction II. The People a. Legally b. Politically III. The Process a. Elections b. Governance IV. Linking the People and the Process V. Representation in American Politics Introduction 2005 Bankruptcy Reform Emphasized Personal Responsibility Chapter 7  Chapter 13 …but barely touched • Homestead Exemption • Tax Shelters • Court Shopping • Predatory Lending “The People” Legally The Declaration of Independence says that governments are constituted among men to secure the rights of life, liberty, and the pursuit of happiness. Any powers they have are dependent on the consent of the governed. “The People” Legally Not only do you get a say in what the government does, but you also get certain protections. Civil Liberties • Freedom of Expression • Criminal Protections “The People” Legally But for more than 100 years, “the people” didn’t mean everyone. Indeed, the rights of suffrage and citizenship rights only extended slowly, and with a fight. The Founding & 3/5th Clause Dred Scott 13th, 14th, 15th Women’s Rights (19th) Civil Rights Movement CRA ’64, VRA ’65 ADA ’90 “The People” Legally “The People” Legally Nowadays, virtually everyone enjoys equal status under the law. “The People” Politically However, legal equality isn’t political equality. “The People” Politically Voters vs. Non-Voters Organized vs. Unorganized Attentive vs. Inattentive Intense vs. Apathetic Contributors vs. Everyone Else The Process If it is “the people” who are to govern, then the question is how? As we talked about, one way would be to have every citizen vote on every issue requiring a decision. Of course, such a direct democracy is impractical almost anywhere, much less in a nation as big as ours. So instead we delegate to representatives who act on our behalf. Such is the basis of our representative democracy. The question we asked was how we can keep those officials focused on our goals (rather than their own, or someone else’s). The Process Republican Government The answer, we said, was to have a government where… 1. Elections are free, fair, competitive, and frequent. 2. Governance is transparent, debated, and widely covered. The Process Elections Free? Essentially Yes - questions of registration and former felons and such Fair? Pretty much - questions of campaign funding, ballot technology, and such Competitive? Debated - gerrymandering, fundraising, media, public apathy Frequent? Some say too frequent. The Process Governance Transparent? Mixed - way more public than old days…but lots of complexity Contested? Mixed - House rules - Senate rules - Parties encourage cheerleading w/in party. Widely Covered? Yes and No - Inside and Outside Beltway - President vs. Everyone Else - State to State (Media Market to Media Market) Linking People and Process Even if process is competitive, transparent,.

1. Representation
Professor Kelly Rivera
Outline
I. Introduction
II. The People
a. Legally
b. Politically
III. The Process
a. Elections
b. Governance
IV. Linking the People and the Process
V. Representation in American Politics
Introduction
2005 Bankruptcy Reform

2. Emphasized Personal Responsibility
…but barely touched
• Homestead Exemption
• Tax Shelters
• Court Shopping
• Predatory Lending
“The People”
Legally
The Declaration of Independence
says that governments are
constituted among men to secure the
rights of life, liberty, and the pursuit
of happiness. Any powers they
have are dependent on the consent
of the governed.
“The People”
Legally
Not only do you get a say in what the
government does, but you also get

3. certain protections.
Civil Liberties
• Freedom of Expression
• Criminal Protections
“The People”
Legally
But for more than 100 years, “the people”
didn’t mean everyone. Indeed, the rights of
suffrage and citizenship rights only extended
slowly, and with a fight.
The Founding & 3/5th Clause
Dred Scott
13th, 14th, 15th
Women’s Rights (19th)
Civil Rights Movement
CRA ’64, VRA ’65
ADA ’90
“The People”

4. Legally
“The People”
Legally
Nowadays, virtually everyone
enjoys equal status under the law.
“The People”
Politically
However, legal equality isn’t political equality.
“The People”
Politically
Voters vs. Non-Voters
Organized vs. Unorganized
Attentive vs. Inattentive
Intense vs. Apathetic
Contributors vs. Everyone Else
The Process

5. If it is “the people” who are to govern, then the question is
how?
As we talked about, one way would be to have every citizen
vote on every
issue requiring a decision. Of course, such a direct democracy is
impractical almost anywhere, much less in a nation as big as
ours.
So instead we delegate to representatives who act on our behalf.
Such is
the basis of our representative democracy. The question we
asked was
how we can keep those officials focused on our goals (rather
than their
own, or someone else’s).
The Process
Republican Government
The answer, we said, was to have a government where…
1. Elections are free, fair, competitive, and frequent.
2. Governance is transparent, debated, and widely covered.

6. The Process
Elections
Free? Essentially Yes
- questions of registration and former felons and such
Fair? Pretty much
- questions of campaign funding, ballot technology, and such
Competitive? Debated
- gerrymandering, fundraising, media, public apathy
Frequent? Some say too frequent.
The Process
Governance
Transparent? Mixed
- way more public than old days…but lots of complexity
Contested? Mixed
- House rules
- Senate rules
- Parties encourage cheerleading w/in party.
Widely Covered? Yes and No

7. - Inside and Outside Beltway
- President vs. Everyone Else
- State to State (Media Market to Media Market)
Linking People and Process
Even if process is competitive, transparent, and widely
covered, officials need only (and rationally, should only)
respond to those who will hold them accountable for their
actions in subsequent campaigns and elections.
The questions, then, are…
Who will learn about this?
Who will respond to this?
How will it affect my reelection prospects?
Linking People and Process
Gerrymandering
Media (free and paid)
Interest Groups

8. Contributors
Voters
Representation in American Politics
As we’ve seen, representation is a slippery concept. It is more-
or-less impossible to determine if any given bill fairly
represents “the people.”
Representation in American Politics
Typically what we hope is that something like “fairness” helps
ensure representation. That is, we hope that if the process (in
campaigns and governance) is fair, the outcomes will be too.
Representation in American Politics
This is why we care so much about the process.
One of the things I hope you take away from this course is a
deeper appreciation of the importance of democratic processes.
We all hope our preferred candidate or position prevails, but

9. our commitment to the process should not be subverted just
because we want to win. Part of the democratic deal is being
willing to fight like hell for something we deeply believe in -
and lose.
Representation in American Politics
“Decisions are made by those who show up.”
-Truman
Professor Kelly Rivera
*
*
*Pre- 1540’s Inhabited by numerous native California tribes
*1543 – Cabrillo arrives from Spain – CA claimed by the
Spanish as a New World Colony
*
*1821 – Mexico gains it independence from Spain – the United
States

10. of Mexico is formed
*1840’s Americans begin to arrive and settle in Mexico
*CA far way from political life and capital of Mexico:
*Remote and unimportant colony
*
*1846-1848 War with Mexico
*US attacks over border dispute with TX
*Treaty of Guadalupe Hidalgo – USA purchases territories that
will later
become CA, AZ, NM, UT, CO, NV, and parts of TX.
*
*1848 – GOLD!
*Population 4x in one year!
*1850 – CA becomes a state of the USA – amid disputes about
the
balance of free vs slave states
*Compromise of 1850 – CA admitted as free with NM and UT
using
popular sovereignty to decide their status
*Compromise of 1850 (CA admitted as Free state to the union)
*Waves of migration from Anglos and the Chinese – Californios
begin

11. to lose land and wealth
*Railroad – Southern Pacific Railroad owned 1/5 of all non-
public
land by 1900
*Second California Constitution drafted – 1879 (end of
economic
downturn)
*Women granted legal financial rights
*Included harsh anti – immigrant provisions, aimed at Asian
immigrants –
these were later found violate the United States Constitution
and were
thrown out.
*Changes to CA constitution included many forms of direct
democracy:
referendum, initiative, recall.
*Progressive Movement come to CA – 1902-1919
*Hiram Johnson – Progressive Governor
*Child Labor Laws and Conservationism
*Women granted the right to vote in 1911 (9 years before the
Federal
change with the 19th Amendment and 41 years after WY)

12. *Non-Partisan Offices – weakened party control and remove
political
power from the railroad companies that controlled the parties
*Candidates for city, county, judicial offices, and educations
boards cannot
list their party affiliation on the ballot
*
*Separation of powers (3 branches)
*Legislators share lawmaking with the people (initiative
process)
*Governor’s powers diminished as the people elect the
executive officials (not appointed)
*Judges must be approved by voters
*CA Constitution also includes protects for property
acquisition, safety, privacy – all of which is not
explicitly state in the US Constitution.
*
*Much easier to amend than the United States
Constitution
*Amended over 500 times since 1879

13. *Discussion Point – What are the benefits of an easy
amendment process? What are the drawbacks?
United States Constitution California Constitution
2/3 Vote in both Legislative
houses, approval of President and
¾ of all states must ratify
1. Legislative Branch can propose
and with 2/3 vote put a
referendum on the ballot for
voters to approve
2. Initiative process, people
bypass legislature
*
“Ideological polarization… divided party control -- In
the context of fragmented political power, the
initiative has been used, not just by groups to bypass
the legislature and the governor – the original intent of
Hiram Johnson – but by legislators unable to pass their

14. bills. Lobbyists, too, have been giving increasing
attention to initiatives…” – Lee pg. 137
Ability of Citizens to petition to place constitutional
amendments and statutes directly on the ballot for voter
consideration. Need signatures that = 8% of last
gubernatorial election.
*
These ballot initiatives, or propositions, deal with
everything from juvenile crime to educational policy,
from Indian gaming rights to the ever-present
insurance industry issues. While political experts
despise the use of initiatives to set public policy,
ballot measures are big business.
*
Proposition 13 –limits tax rate for property values and
required 2/3 in both house for future increases of state

15. tax rates
Proposition 8 – Amends CA constitution to defined marriage as
between a Man and Woman (Struck down by ruling
Hollingsworth v. Perry in 2013).
*
A vote by the people to approve or reject an existing
law.
Happens in one of two ways.
* First, the legislature can send a proposed bill directly
to the people instead of deciding on it themselves. In
California and most other states, constitutional
amendments automatically trigger a referendum, since
they require the direct approval of the people to pass.
*Alternately, the people can attempt to repeal a law
even after it has been passed by the Legislature.
*

16. *Under California law, any elected official may be the target of
a
recall campaign.
*The number of signatures = 12% of the number of votes cast in
the
previous election for that office.
*2003 recall election, that meant a minimum of 897,156
signatures, based
on the November 2002 statewide elections, but 1.2 million were
needed
to ensure that there were enough valid signatures.
*
*Includes the Senate and Assembly
*State Senate – 40 Senators elected to 4 year terms for no
more than 2 terms
*State Assembly – 80 Reps elected to 2 year terms for no more
than 3 terms
*Creates and votes on new bills
*Controls how state taxes are spent
*
*Walnut Senator – Ling Ling Chang (R)

17. *Walnut Assembly Member – Phillip Chen (R)
*What might be some of the implications of term limits?
Is this effective/efficient for democracy?
*
Plural Executive (Voters in CA vote into office all
the members of the state executive branch)
*The Led by the Governor Creates Budget Plan
*Governor – Highest elected official in the state – 4 year terms
*Signs or Vetoes bills sent up by the legislative branch
*Lieutenant Governor – President of the Senate and 2nd in
command to Governor
*Secretary of State – records decision of Legislature, runs the
elections
*Treasurer – state’s banker
*Auditor/Controller – collects money owed to the state and
oversees spending
*Attorney General – chief law enforcer
*Superintendent of Public Instruction – directs state board of
education
*
*Made up of state courts

18. *California Supreme Court is the state’s
highest court
*7 Justices serve on the CA Supreme Court
*CA Supreme Court hears cases regarding
rights and freedoms of CA citizens and
questions about the state Constitution
*58 lower Courts (one for each county) – in
lower court judges are selected by voters
*Discussion point – How might the election
of judges be beneficial/harmful to the
legal process?
*
Consider the differences in the CA and US
Constitutions.
*The role of the people to impact change
*The set up of the executive branch
*The role of term limits in the legislative branch
*The election process for state judges