The Role of Government Establishment of Rights – Property rights – Procedural rights – Substantive rights Problems emerge when rights are vague or not applied or enforced equally, fairly, justly

Stone: Rights Defined Governs relationships & coordinates individual behavior to achieve collective purposes Policy strategy – articulates standards of behavior in conflict resolution “…main theme of this chapter is that the legal rights of real political systems are energized, constrained, and constantly challenged by normative meanings of rights” (p. 326)

Types of Rights Positive and Negative Procedural and Substantive What is the difference between these types of rights?

Positive vs. Normative (p. 326) Positive Backed by power of the state Derive from the power of government People have rights only to those things they claim and for which the state backs them up Normative Whatever people ought to be able to do, have or expect from public or govt Derive from morality, religion, natural law or rationality Can have rights to things not actively claimed and for which the state would not back them up

Types of rights Procedural: defines the process by which decisions must be made Substantive: specific actions people may claim – Negative: no-one can prevent you from doing something (First Amendment) – Positive: specifies obligations to provide the entitlement (ADA 1990)

How do rights become “real”? Official statement of right – Legislatures, Constitutions, Administrative agencies, Courts Grievance process – Adjudication by judge or mediation Enforcement – “By itself, the Court is almost powerless” (p.335) – In Alabama, Mississippi we needed the National Guard

Do rights work? Transforms social institutions & how it operates Creates collective identity Change over time “Rights are not tools or instruments, operating mechanically and consistently. Like all policy instruments, they are dependent on and subject to larger politics” (p. 351)

Reforming the Republic When talking about reforms, we are often talking about reforming the distribution of influence, control: in other words power Constitutional engineering; restructuring power

Most reforms follow similar strategies When talking about reforms, we are often talking about reforming the distribution of influence, control: in other words power Constitutional engineering; restructuring power

Types of Power; influence Problem definition Decision-making Different types of collective decision-making processes yield different results Changes who makes decisions

Powers redefined Always a bid to reallocate power – Change membership of body – Change the size of decision-making body – Shift the locus among federal, state, local Many reforms follow these strategies – Size of Congress – Term Limits – Block Grants – Old wine in a new bottle

Changing the membership Changing composition of electorate – Landowners, immigrants, education Changing identity of representatives – Descriptive representation – Substantive representation

Changing the size Madison (Federalist 10) – the larger the community, parties, less likely of majority interest (“tyranny of majority”) Small – truly rational & individual participation

Shifting locus of power Decentralization – Local knowledge, better service, liberty Centralization – Broad view, standardization “The hope in proposals for structural change is to split up old or potential alliances, establish new ones, and so place a favored interest in a position of dominance” (p. 375)