Ch.

1 Principles of Government

1.1 Government and the State

Government: the institution through which a society makes and enforces its public policies.

The public policies of a government are, in short, all of those things a government decides to
do.

Three Basic Kinds of Government’s Power

●​ Legislative power 입법권

the power to make laws and to frame
public policies.

●​ Executive power 행정권

the power to execute, enforce, and
administer laws.

●​ Judicial power 사법권

the power to interpret laws, to determine
their meaning, and to settle disputes that
arise within the society.

These powers of government are often outlined in

a country’s constitution.

When the responsibility for the exercise of these powers is held by a single person or by a
small group, it is called dictatorship.

When the responsibility for the exercise of these powers rests with a majority of the people, it
is called democracy.

Four Characteristics of a State

1.​ Population 인구
Large or small, every state must be inhabited — that is, have a population.

2.​ Territory 영토
Every state must have land, with known and recognized borders.

3.​ Sovereignty 주권

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 The state has absolute power within its territory. It can decide its own foreign and
domestic policies.

4.​ Government 정부
is the mechanism through which a state makes and enforces its policies.

Origin of the State

1.​ The Force Theory
One person or a small group claimed control over an area and forced all within it to submit
to that persons or groups rule. When that rule was established, all the basic elements of the
state一 population, territory, sovereignty, and government— were present.

2.​ The Evolutionary Theory

the primitive family, of which one person was the head and thus the “government,” was the
first stage in political development. Over countless centuries, the original family became a
network of related families, a clan. In time, the clan became a tribe. When the tribe first
turned to agriculture and gave up its nomadic, wandering ways, tying itself to the land, the
state was born.

3.​ The Divine Right Theory 왕권신수설 (15~18th Centuries)

God created the state and that God had given those of royal birth a “divine right” to rule. The
people were bound to obey their ruler as they would God; opposition to “the divine right of
kings” was both treason and a mortal sin.

During the seventeenth century, philosophers began to question this theory. Much of the
thought upon which present-day democracies rest began as a challenge to the theory of
divine right.

4.​ The Social Contract Theory 사회계약론

Hobbes wrote that in earliest history humans lived in unbridled freedom, that is in a “state of
nature,” in which no government existed and no person was subject to any superior power.
That which people could take by force belonged to them.

The social contract theory argues that the state arose out of a voluntary act of free people. It
holds that the state exists only to serve the will of the people, that they are the sole source of
political power, and that they are free to give or to withhold that power as they choose from
the government.

The Purpose of the Government

1.​ Form a More Perfect Union

In 1781, the Articles of Confederation, the nations first constitution, created “a firm league of
friendship” among the 13 States. That league soon proved to be neither very firm nor very
friendly. The government created by the Articles was powerless to overcome the intense
rivalries and jealous.

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 The Constitution of today was written in 1787. The original States adopted it in order to link
themselves, and the American people, more closely together. That Constitution was built in
the belief that in union there is strength.

2.​ Establish Justice

Justice = “the law, in both its content and its administration, must be reasonable, fair, and
impartial.”

The history of this country can be told largely in terms of our continuing attempts to reach
that goal.

3.​ Insure Domestic Tranquility

Order is essential to the well-being of any society, and keeping the peace at home has
always been a prime function of government.

“If men were angels, no government would be necessary.”

— James Madison, The Federalist No.51

4.​ Provide for the Common Defense

Defending the nation against foreign enemies has always been one of governments major
responsibilities.

The nations defense and its foreign policies are but two sides of the same coin: the security
of the United States. To provide this security, the nation maintains an army, navy, air force,
and coast guard.

5.​ Promote the General Welfare

In general, the services that government provides in the United States are those Principles
of Government that benefit all or most people. Many of them are the services that are not
very likely to be provided by the voluntary acts of private individuals or groups.

6.​ Secure the Blessings of Liberty

Both the Federal Constitution and the State constitutions set out many guarantees of rights
and liberties for the individual in this country.

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 1.2 Forms of Government

Classifying Government
No two governments are, or ever have been, exactly alike, for governments are the products
of human needs and experiences. All governments can be classified according to one or
more of their basic features.
(1) who can participate in the governing process

(2) the geographic distribution of governmental power within the state

(3) the relationship between the legislative and the executive branches of the government.

Who can participate

●​ Democracy
In a democracy, supreme political authority rests with the people. The people hold the
sovereign power, and government is conducted only by and with the consent of the people.

A democracy can be either direct or indirect in form.

a)​ Direct democracy (Pure democracy)

Ex.) Landsgemeinde in a few of the smaller Swiss cantons
A direct democracy, also called a pure democracy, exists where the will of the people is
translated into public policy (law) directly by the people themselves, in mass meetings.

b)​ Indirect democracy (Representative democracy)

In a representative democracy, a small group of persons, chosen by the people to act as
their representatives, expresses the popular will. These agents of the people are responsible
for carrying out the day-to-day conduct of government— the making and executing of laws
and so on. They are held accountable to the people for that conduct, especially at periodic
elections.

At these elections, the people have an opportunity to express their approval or disapproval
of their representatives by casting ballots for or against them. To put it another way,
representative democracy is government by popular consent.

●​ Dictatorship
Ex.) Fascist Italy (1922~1943), Nazi Germany (1933~1945), Soviet Union (1917~late 1980s)
A dictatorship exists where those who rule cannot be held responsible to the will of the
people. The government is not accountable for its policies, nor for how they are carried out.

All dictatorships are authoritarian; those in power hold absolute and unchallengeable
authority over the people.

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Modern dictatorships have tended to be totalitarian as well.
Typically, dictatorial regimes are militaristic in character.

a)​ Autocracy 전제정치

is a government in which a single person holds unlimited political power.

b)​ Oligarchy 과두정

is a government in which the power to rule is held by a small, usually self-appointed
elite.

Geographical Distribution of Power

●​ Unitary Government
Ex) Great Britain
is often described as a centralized government. All powers held by the
government belong to a single, central agency. The central (national)
government creates local units of government for its own convenience. Those
local governments have only those powers that the central government
chooses to give them.

●​ Federal Government
Ex) U.S.A.
is one in which the powers of government are divided between a central
government and several local governments. An authority superior to both
the central and local governments makes this division of powers on a
geographic basis; that division cannot be changed by either the local or
national level acting alone. Both levels of government act directly on the
people through their own sets of laws, officials, and agencies.

●​ Confederate Government
Ex.) US under the Articles of Confederation (1781-1789), the Confederate States of America
(1861-1865)
is an alliance of independent states. A central organization, the confederate
government has the power to handle only those matters that the member states
have assigned to it. Typically, confederate governments have had limited
powers and only in such fields as defense and foreign affairs.

Legislative and Executive Branches

●​ Presidential Government
features a separation of powers between the executive and the legislative branches of the
government. The two branches are independent of one another and coequal. The chief
executive is chosen by the people, independently of the legislature. He or she holds office
for a fixed term, and has a number of significant powers that are not subject to the direct
control of the legislative branch.

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The details of this separation of the powers of these two branches are almost always spelled
out in a written constitution

●​ Parliamentary Government
the executive branch is made up of the prime minister or premier, and that officials cabinet.
The prime minister and cabinet are themselves members of the legislative branch, the
parliament. The prime minister is the leader of the majority party or of a like-minded group of
parties) in parliament and is chosen by that body. With parliaments approval, the prime
minister selects the members of the cabinet from among the members of parliament. The
executive is thus chosen by the legislature, is a part of it, and is subject to its direct control.

Pros & Cons

Presidential government
-​ Protections against arbitrary government are found in the checks and balances.

Parliamentary government
-​ Avoid prolonged conflict and deadlock between the executive and legislative
branches.

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 1.3 Basic Concepts of Democracy

Democracy is not inevitable. It does not exist in the United States simply because
Americans regard it as the best of all possible political systems. Rather, democracy exists in
this country because the American people believe in its basic concepts.

American Concept of Democracy

1.​ Recognition of the fundamental worth and dignity of
every person
The concept of the dignity and worth of the individual is of
overriding importance in democratic thought.

At various times, the welfare of one or a few individuals is

subordinated to the interests of the many in a democracy.
People can be forced to do certain things whether they want to
or not. However, it is not simply serving the interests of the
many who as a mass of people happen to outnumber the few.
Rather, it is serving the many who, as individuals, together
make up that society.

2.​ Respect for the equality of all persons

Democracy does not imply an equality of condition for all persons. Thus, it does not claim
that all are born with the same mental or physical abilities. Nor does it hold that all persons
have a right to an equal share of worldly goods.

The democratic concept of equality means that every person is entitled to (1) equality of
opportunity and (2) equality before the law. That is, the democratic concept of equality
holds that no person should be held back for any such arbitrary reasons as those based on
race, color, religion, or gender.

3.​ Faith in majority rule and an insistence upon minority rights

Democracy holds that a majority will be right more often than it will be wrong, and that the
majority will also be right more often than any one person or small group will.

Democracy does not dictate that the majority will always arrive at the best decisions on
public matters. In fact, the democratic process is not meant to come up with “right” or “best”
answers. Rather, the democratic process is a search for satisfactory solutions to public
problems.

Certainly, a democracy cannot work without the principle of majority rule. Unchecked,
however, a majority could destroy its opposition and, in the process, destroy democracy
itself. Thus, democracy requires majority rule restrained by minority rights. The majority must
always recognize the right of any minority to become, if it can by fair and lawful means, the
majority.

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 4.​ Acceptance of the necessity of compromise
Compromise is the process of blending and adjusting competing views and interests.

Compromise is an essential part of the democratic concept for two major reasons. First,
remember that democracy puts the individual first and, at the same time, insists that each
individual is the equal of all others. Second, few public questions have only two sides. Most
can be answered in several ways.

5.​ Insistence upon the widest possible degree of individual freedom

Democracy can thrive only in an atmosphere of individual freedom. However, democracy
does not and cannot insist on complete freedom for the individual. Absolute freedom can
exist only in a state of anarchy—the total absence of government.

Democracy does require that each individual must be as free to do as he or she pleases as
far as the freedom of all will allow.

“The right to swing my fist ends where the other man’s nose begins.”
– Oliver Wendell Holmes

Duties and Responsibilities of Citizenship

The several responsibilities of “a good citizen” in a free

society all come down to this: an abiding respect for each
of the core beliefs on which democracy is based in this
country.

A citizen is one who holds both rights and responsibilities

in a state.

Democracy and the Free Enterprise System

Free enterprise system is an economic system characterized by the private ownership of

capital goods; investments made by private decision, not by government directive; and
success or failure determined by competition in the marketplace.

The free enterprise system is based on four fundamental factors:

(1)​ private ownership, (2) individual initiative, (3) profit, and (4) competition.

How the System Works

The free enterprise system is often called capitalism.

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 It does not rely on government to decide what items are to be produced, how much of any
particular item should be produced, or how much any item is to sell for. Rather, those
decisions are made in the marketplace.

Democracy and the free enterprise system are not the same thing. One is a political system,
and the other is an economic system. However, both are firmly based on the concept of
individual freedom.
민주주의 ≠ 자본주의

Government and the Free Enterprise System

Government participation in the economy serves a two-fold purpose: to protect the public
and to preserve private enterprise.

Examples of government’s participation in the economy:

Economic activities are regulated by the government through antitrust laws, pure food and
drug laws, anti pollution standards, and city and county zoning ordinances and building
codes.

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Ch.3 The Constitution

3.1 Basic Principles

The earliest English settlers brought with them knowledge of a political system ᅳ of
established laws, customs, practices, and institutionsᅳ that had been developing in
England for centuries.

Some aspects of that governing system had come to England from other times and places.
Thus, the concept of the rule of law that influenced English political ideas has roots in the
early civilizations of Africa and Asia.

영국 본토에서 사용되던 정치 체계 및 제도를 빌려옴(영국도 영향을 아프리카, 아시아의 옛

문명에서 영향을 받음 예: 로마의 공화정)

법치주의- 모든 것들은 법에 의하여 판단 및 결정되어야 한다.

Three Basic Notions:

1.​ Ordered Government 질서있는 정부

The English colonists created local governments, based on those they had known in
England. Many of the offices and units of government they established are with us yet today:
the offices of sheriff 보안관 and justice of the peace 치안판사, the grand jury 대배심,
counties, and several others.

2.​ Limited Government 제한된 정부

The colonists also brought with them the idea that the government is restricted in what it
may do, and every individual has certain rights that the government cannot take away.
연방정부가 너무 크면 생길 수 있는 부작용을 방지하기 위해

Articles of Confederation 폐지 이후 Constitution 제정(Federalist 승리) 후

Bill of Rights 권리장전 으로 연방정부가 큰 권한을 가지더라도 국민들을 보호할 수 있도록
했음

3.​ Representative Government

The idea that the government should serve the will of the people.

Landmark English Documents

1.​ The Magna Carta (1215)

The Magna Carta included guarantees of such fundamental rights as trial by jury and due
process of law (protection against the arbitrary taking of life, liberty, or property). Those

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protections against the absolute power of the king were originally intended for the privileged
classes only.
배심원제도, 적법절차 ← 왕의 권한을 포기하라는 요구
당시 영국 왕: King John

The Magna Carta established the critical idea that the monarchy’s power was not absolute.
왕의 권한이 절대적이지 않게 됨.

2.​ The Petition of Rights 권리청원 (1628)

The Petition of Right limited the kings power in several ways. Most importantly, it demanded
that the king no longer imprison or otherwise punish any person but by the lawful judgment
of his peers or by the law of the land. The document also insisted that the king may not
impose martial law, or military rule, in times of peace, or require homeowners to shelter the
kings troops without their consent.
왕이 평시에 함부로 계엄령 내리는 것을 금지
군대가

The Petition challenged the idea of the divine right of kings, declaring that even a monarch
must obey the law of the land.
왕권신수설에 대한 도전. 법 앞에 모두 평등함.

3.​ The English Bill of Rights (1689)

The English Bill of Rights prohibited a standing army in peacetime, except with the consent
of Parliament, and required that all parliamentary elections be free.
평시에 상비군X, 의회 업무나 선거는 자유로움(압박 행사 X)

The English Bill of Rights also included such guarantees as the right to a fair trial, as well as
freedom from excessive bail and from cruel and unusual punishment.
모두가 공정한 재판을 받을 권리
과도하고 반인륜적인(끔찍한) 처벌을 받지 않을 권리

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What is the Constitution?

●​ Written in 1787, ratified in 1788, and took effect in

1789.

●​ The Constitution is the nation’s fundamental law.

●​ It is, by its own terms, “the supreme Law of the Land”

一 the highest form of law in the United States.
모든 법의 근간, 가장 강한 힘을 가진 법

●​ It is comprised of 7 articles and 27 amendments.

●​ The first 10 amendments are called the Bill of Rights.

●​ It remains a vitally important and vibrant document.

유동적,

An Outline of the Constitution

●​ The Constitution sets out the basic principles upon which government in the United
States was built and operates today. The document lays out the ways in which the
Federal Government is organized, how the leaders of that government are selected,
and many of the procedures those leaders must follow as they perform their duties.

●​ The Constitution also lays out the basic rules of American politics. By doing so, it
helps to determine who wins and who loses in the political arena.

●​ The Constitution is built around six basic principles. They are popular sovereignty,
limited government, separation of powers, checks and balances, judicial
review, and federalism.

1.​ Popular Sovereignty

In the United States, all political power resides in the people, a concept known as popular
sovereignty. The people are the only source for any and all governmental power.
Government can govern only with the consent of the governed.

The people have given the United States Government whatever powers it has, through the
Constitution. That government exercises those powers through popularly elected leaders
who are chosen by the people to represent them in the exercise of the peoples power.

2.​ Limited Government 제한된 정부

The principle of limited government holds that no government is all-powerful. That
government may do only those things that the people have given it the power to do.

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The concept of limited government can be put another way: Government must obey the
law. Stated this way, the principle is often called constitutionalism —that is, government
must be conducted according to constitutional principles. The concept of limited government
is also frequently described as the rule of law 법치주의, which holds that government and its
officers, in all that they do, are always subject to—never above—the law.

3.​ Separation of Powers 권력의 분립

The Constitution of the United States distributes the powers of the National Government
among the Congress (the legislative branch), the President (the executive branch),
and the courts (the judicial branch). This separation of powers is clearly set forth in the
opening words of each of the first three Articles of the Constitution.

The Framers intended to create a stronger central government for the United States. Yet
they also intended to limit the powers of that government. The doctrine of separation of
powers was designed to accomplish just that.

Article I, Section 1 declares: “All legislative Powers herein granted shall be vested in a Congress of
the United States. . . Thus, Congress is the lawmaking branch of the National Government.
입법권은 의회에 속한다.

Article II, Section 1 declares: “The executive Power shall be vested in a President of the United
States of America.” Thus, the President is given the law-executing, law enforcing, and
law-administering powers of the National Government.
행정권은 대통령에 속한다

Article III, Section 1 declares: “The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from time to time ordain and
establish.” Thus, the federal courts, and most importantly the Supreme Court, interpret and apply the
laws of the United States in cases brought before them.
사법권은 대법원에 속한다.

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 4.​ Checks and Balances (LA1)
Three branches are not entirely separated nor
completely independent of one another. Rather,
they are tied together by a complex system of
checks and balances. This means that each
branch is subject to a number of constitutional
checks, or restraints, by the other branches. In
other words, each branch has certain powers
with which it can check the operations of the
other two.
각 권력끼리 견제를 함.

입법부 May override a President’s veto (대통령의 거부권을 무효화할 수 있음)

May impeach the President (대통령을 탄핵할 수 있음)
Approves appointments of judges (판사 임명을 승인함)
Approves treaties (조약을 승인함)
May impeach federal judges (연방 판사를 탄핵할 수 있음)
Creates lower courts (하급 법원을 설립함)

행정부 May veto legislation (법안에 거부권 행사)

May call special sessions of Congress (의회 특별 소집 가능)
Appoints Supreme Court justices (대법관 임명)
Appoints other federal judges (기타 연방 판사 임명)

사법부 May declare executive acts unconstitutional (행정부의 조치를 위헌으로 판결)
May declare acts of Congress unconstitutional (의회의 법률을 위헌으로 판결)

5.​ Judicial Review 사법심사

The power of judicial review may be defined as the power of a court to determine the
constitutionality of a governmental action.
정부행사가 헌법상 적합한지 심판

In part, then, judicial review is the power to declare unconstitutional—to declare illegal, null
and void, of no force and effect— a governmental action found to violate some provision in
the Constitution. The power of judicial review is held by all federal courts and by most State
courts, as well.
연방법원, 주법원에 권한이 있음

Marbury v. Madison 1803

2대 Adams→3대 Jefferson 시기
임기가 넘어가기 전 급하게 자기네 편 법관들을 임명
-​ Marbury가 임명장을 받을 권리가 있는가? O
-​ 법원이 집행명령을 내릴 수 있는가? O(Writ of mandamus)
-​ 이 사건에 법원이 명령 내릴 수 있는가? X(대법원이 명령 할 근거(관할권) 없음)

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본 판결로 Marbury는 임명장을 받지 못함
+본 판례로 사법부에 주어진 권한인 Judicial Review의 개념 확립, 근거가 됨

6.​ Federalism 연방주의

The principle of federalism—the division of power among a central government and several
regional governments—came to the Constitution out of both experience and necessity.

The Framers faced a number of difficult problems, not the least of them: How to build a new,
stronger, more effective National Government while preserving the existing States and the
concept of local self-government.
중앙정부를 강력하게, 그러나 동시에 각 주정부가 자치권을 가질수 있도록

The Framers constructed the federal arrangement, with its division of powers, as a
compromise. It was an alternative to both the system of nearly independent States, loosely
tied to one another in the weak Articles of Confederation, and to a much feared, too powerful
central government.
중앙정부 권력이 약할 때의 문제(Articles of Confederation), 반대로 너무 강할 때의 문제를
인식했음.

The Framers were convinced (1) that governmental power poses a threat to individual
liberty 강력한 중앙정부의 권한은 개인의 자유를 침해할 수 있음, (2) that, therefore, the
exercise of governmental power must be restrained 그렇기에 정부 권한이 제한 되어야 함,
and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its
abuse 연방주의로 정부의 권한 오용을 방지하기로 함.

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 연방정부 Shared Power 주정부

- 군대와 해군을 유지할 - 법을 집행할 권한 - 선거를 관리할 권한

권한 - 법원을 설립할 권한 - 학교를 설립할 권한
- 전쟁을 선포할 권한 - 돈을 빌릴 권한 - 주 내 비즈니스를 규제할
- 화폐를 발행할 권한 - 국민의 안전을 보장할 권한
- 주 간 및 외국과의 무역을 권한 - 지방정부를 설립할 권한
규제할 권한 - 사회 기반 시설을 구축할 - 결혼 및 이혼을 규제할
- 조약을 체결할 권한 권한 권한
- 세금을 징수할 권한 - 연방정부에 부여되지
- 법을 제정할 권한 않았고 헌법에서 금지되지
않은 권한을 행사할 수 있음

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 3.2 Formal Amendment

Process of constitutional change

How has the Constitution, written in 1787, endured and kept pace with that astounding
change and growth? The answer lies in this highly important fact: The Constitution of today
is, and at the same time is not, the document of 1787. Many of its words are the same, and
much of their meaning remains the same. But some of its words have been changed, some
have been eliminated, and some have been added. And, very importantly, the meanings of
many of its provisions have been modified, as well.
그냥 시대에 맞춰 헌법이 변화했다

Article V sets out two methods for the proposal and two methods for the ratification of
amendments. So, there are four possible methods of formal amendment—changes or
additions that become part of the written language of the Constitution itself.
제안 절차 2, 비준 절차 2, 총 4가지의 헌법 수정 방법

Formal Amendment Process

1.​ an amendment may be proposed by a two-thirds vote in each house of Congress and
ratified by three fourths of the State legislatures. Today, at least 38 State legislatures
must approve an amendment to make it a part of the Constitution. Of the
Constitutions 27 amendments, 26 were adopted in this manner.
연방의회가 개헌안 제안(상, 하원에서 각각 2/3이상의 동의)
3/4이상 주의 동의(주 의회)로 비준

2.​ an amendment may be proposed by a two-thirds vote in each house of Congress

and ratified by conventions in three fourths of the States. Only the 21st
Amendment(1933) was adopted in this way.
연방의회가 개헌안 제안(상, 하원에서 각각 2/3이상의 동의)
전국헌법회의에서 3/4이상의 주 동의로 비준

3.​ an amendment may be proposed by a national convention, called by Congress at

the request of two thirds of the State legislatures, must then be ratified by three
fourths of the State legislatures.
전국헌법회의(주 의회의 2/3이상 동의로 소)를 통해 개헌안 제안
3/4이상 주의 동의(주 의회)로 비준

4.​ an amendment may be proposed by a national convention called by Congress at the

request of two thirds of the State legislatures and then ratified by conventions in three
fourths of the States.
전국헌법회의(주 의회의 2/3이상 동의로 소집)를 통해 개헌안 제안
전국헌법회의에서 3/4이상의 주 동의로 비준

- 17 -
 1913 16 Congress given the power to tax
incomes

1913 17 Popular election of U.S. Sanators

1919 18 Prohibition of alcohol

1920 19 Women’s suffrage

1933 20 Change of datas for presidential and

congressional terms

1933 21 Repeal of Prohibition

(18th Amendment)

1791 1–10 Bill of Rights 1951 22 Limit on presidential terms

1795 11 States immune from certain lawsuits 1961 23 District of Columbia allowed to vote in
presidential elections

1804 12 Changes in electorical college 1964 24 Ban of tax payment as voter

procedures qualification

1865 13 Abolition of slavery 1967 25 Presidential succession, vice

presidential qualification

1868 14 Citizenship, equal protection, and due 1971 26 Voting age changed to 18
process

1870 15 No denial of vote because of race, 1992 27 Congressional pay

color, or previous enslavement

- 18 -
Ch.4 Federalism

4.1 Federalism: Powers Divided

The Framers Choose Federalism

While the Framers favored a stronger national government, they also knew firsthand the
importance of limiting federal powers. They were convinced that
Framers: 중앙정부를 선호했으나 권한을 제한하는 것 중요

(1) governmental power inevitably poses a threat to individual liberty,

정부 권력은 개인의 자유를 위협
(2) that therefore the exercise of governmental power must be restrained, and
따라서 권력이 억제되어야
(3) that to divide governmental power, as federalism does, is to prevent its abuse.
연방주의와 같이 권력을 나누는 것이 권력 남용을 막는 길

Federalism Defined

Federalism연방주의
a system of government in which a written constitution divides the powers of government on
a territorial basis, between a central government and several regional governments, usually
called states or provinces.
연방정부와 지방정부의 힘을 분리하는 제도(권역/영토 기준)

The basic design of that system is set out in the Constitution. The document provides for a
division of powers between the National Government and the governments of the 50 States.
That is, it assigns certain powers to the National Government and reserves others to the
States. This division of powers was implied in the original Constitution and then spelled out
in the 10th Amendment. 헌법에 명시. 특정 권한←중앙정부/나머지←주정부(10th
Amendment)

Federalisms major strength lies in this central fact: It allows local action in matters of local
concern and national action in matters of wider concern. Local traditions, needs, and desires
vary from one State to another, and federalism allows for differing circumstances among the
States.
해당 주에만 영향을 미치는 문제는 주 정부가, 나라 전체 또는 여러 주에 영향을 미치는
문제는 연방정부가 맡는다.
Ex1) In 48 States most gas stations are self-service; in New Jersey and Oregon, the law
forbids motorists to pump their own gas.

Ex2) Only one State—North Dakota— does not require voters to

register in order to cast their ballots.

Ex3) Only Nebraska has a unicameral 단원제(one-house) legislature.

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Powers of the Federal Government
The National Government is a government of delegated powers. That is, that government
has only those powers delegated to it in the Constitution. There are three distinct types of
delegated powers: expressed, implied, and inherent. 연방정부는 헌법이 위임한 권력만을
가지고 있음

The Expressed Powers 명시적 권한

The expressed powers are those powers delegated to the National Government in so many
words— spelled out, expressly, in the Constitution. Those powers are also sometimes called
the “enumerated powers.” 헌법에 명시된 권한

-​ Article I, Section 8. There, in 18 separate clauses, the Constitution expressly gives 27 powers
to Congress.

-​ Article II, Section 2 gives several powers to the President.

-​ Article III grants “the judicial Power of the United States” to the Supreme Court and other
courts in the federal judiciary.

Several expressed powers also are found in various amendments to the Constitution. (16th
amendment = Congress’ power to levy an income tax)
Amendment에 적혀있는 내용도 연방정부에게 부여된다.

The Implied Powers 암시적 권한

The implied powers are not expressly stated in the Constitution, but they are reasonably
suggested_ implied— by the expressed powers. The constitutional basis for the implied
powers is found in one of the expressed powers.
정부에 위임하는 모든 권한을 헌법에 명시하기는 불가능.
명시적 권한을 수행하기 위해 필요하기에 암시적 권한이
부여된다.

Article I, Section 8, Clause 18 gives Congress the

“necessary and proper power.”
The Necessary and Proper Clause필요적절조항 says that
Congress has the power.
본 조항은 연방정부의 권력을 확대시키는 중요한 조항

Through decades of congressional and court interpretation, the words necessary and
proper have come to mean, in effect, 'convenient and useful.” Indeed, the Necessary and
Proper Clause is sometimes called the Elastic Clause, because, over time, it has been
stretched to cover so many different situations.

The Inherent Powers 내재적 권한

The inherent powers are those powers that belong to 1 Article I, Section 8, Clause 3. The
doctrine of implied powers is treated in greater detail in Chapter 11. the National

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Government because it is the national government of a sovereign state in the world
community. 주권국가로서 필수적 권한이 자연적으로 주어지게 됨. 국가로서 당연히 가지는
권한

Although the Constitution does not expressly provide for them, they are powers that, over
time, all national governments have come to possess.

The major ones include the power to regulate immigration, to deport aliens, to acquire
territory, to grant diplomatic recognition to other states, and to protect the nation against
rebellion or other attempts to overthrow the government by force or violence.
이민자 문제를 관리(추방 등)할 권한은 헌법에 명시되어 있지 않으나 정부가 해야 할 역할

One can argue that most of the inherent powers really are implied by one or more of the
expressed powers. However, the doctrine of inherent powers holds that it is not necessary
to go to these lengths to find these powers in the Constitution. In short, these powers exist
because the United States exists.
Inherent power는 express power, implied power과 관련없는 권한. 기본적으로 주어지게
되는 권한이기 때문

Powers Denied to the Federal Government

Although the Constitution delegates certain powers to the National Government, it also
denies certain powers to that level of government in order to keep federalism intact. It
does so in three distinct ways.

First, the Constitution denies some powers to the National Government in so many
words—expressly.
Ex.) To prohibit freedom of religion, speech, press, or assembly

Second, several powers are denied to the National Government because of the
silence of the Constitution.
Ex.) Create a public school system for the nation, enact uniform marriage and
divorce laws, and set up units of local government.

Third, some powers are denied to the National Government because of the federal
system itself.
Ex.) Congress cannot tax any of the States or any of their local units in the conduct of
their various governmental functions.

Powers Reserved to the States

Recall, the 10th Amendment states that the States are governments of reserved powers.
The reserved powers are those powers that the Constitution does not grant to the
National Government and does not, at the same time, deny to the States.
수정헌법 10조에 따라, 주정부는 헌법이 연방정부에게 부여하지 않았고 주정부에게
금지하지 않은 권한을 가질 수 있음.

- 21 -
The scope of the reserved pow­ers
How broad the reserved powers really are can be understood from this fact: Most of what
government does in this country today is done by the States (and their local governments),
not by the National Government. The point can also be seen from this fact: The reserved
powers include the vitally important police power—the power of a State to protect and
promote the public health, the public morals, the public safety, and the general welfare.
대부분의 정부업무가 주정부에 유보됨(공중보건, 치안, 복지 등)

The Constitution does not grant expressed powers to the States, with one notable exception.
(Section 2 of the 21st Amendment- power to regulate the manufacture, sale, and consum
ption of alcoholic beverages.)
21th Amendment 제외, 주에 명시적 권한을 부여하지 않음

Powers Denied to the States

Just as the Constitution denies many powers to the National Government, so it denies many
powers to the States. Some of those powers are denied to the States in so many words.
Ex.) no State can enter into any treaty, alliance, or confederation. Nor can a State print or
coin money

Some powers are denied to the States inherentlyᅳthat is, by the existence of the federal
system. Thus, no State (and no local government) can tax any of the agencies or
functions of the National Government.

The Exclusive배타적 and the Concurrent동시 Powers

Most of the powers that the Constitution delegates to the National Government are
exclusive powers. That is, they can be exercised only by the National Government; they
cannot be exercised by the States under any circumstances.

Some of the powers delegated to the National Government are concurrent powers. The
concurrent powers are held and exercised separately and simultaneously by the two basic
levels of government.

Federal Power: Exclusive + Concurrent(Shared) Power

State Power: Reserved + Concurrent(Shared) Power

Supreme Law of the Land

The division of powers in the American federal system produces a
dual system of government, one in which two basic 100 Federalism
levels of government operate over the same territory and the same
people at the same time. Such an arrangement is bound to result in
conflicts between national and State law.

- 22 -
The Framers anticipated those conflictsᅳand so they wrote the Supremacy Clause into the
Constitution.

The Constitution and the laws and treaties of the United States are “the supreme Law of the
Land.” This means that the Constitution ranks above all other forms of law in the
United States. Acts of Congress and treaties stand immediately beneath the Constitution.
헌법을 다른 법률보다 우선시하도록

The Supremacy Clause has been called the “linchpin of the Constitution 헌법의 핵심축”
because it joins the National Government and the States into a single governmental unit, a
federal government. 중앙정부 주정부를 하나의 연방정부로 잘 돌아가도록 함

The Supreme Court and Federalism

The Supreme Court is the umpire in the federal system. One of its chief duties is to apply the
Constitutions Supremacy Clause to the conflicts that the dual system of government
inevitably produces.
대법원 - 연방법과 주법 사이에서 심판(헌법에 위배되는가? 이 사건에는 어느 법을
따라야하는가)

McCulloch v. Maryland
The case, McCulloch v. Maryland, involved the controversial Second Bank of the United
States. The bank had been chartered by Congress in 1816. In 1818, the Maryland
legislature, hoping to cripple the bank, placed a tax on all notes issued by its Baltimore
branch. James McCulloch, the branch cashier, refused to pay the tax, and the Maryland
courts convicted him for that refusal.
The Supreme Court unanimously reversed the Maryland courts.
대법원이 만장일치로 메릴랜드 법원 판결을 엎음

- 23 -
Ch.5 Political Parties

5.1 Parties and What They Do

What is a Party?
A political party is
a group of persons who seek to control government through the winning of elections and the
holding of public office.

A group of persons, joined together on the basis of certain common principles, who seek to
control government in order to secure the adoption of certain public policies and programs.
이념과 사상이 맞는 사람들이 모인 조직

Three Separate Groups of Party Loyalists 정당충성파의 세 갈래

1.​ The party organization 정당 조직
It includes all those who give their time, money, and skills to the party. In short, these are the
party “professionals,” those who run the party at the national, State, and local levels.
시간, 돈, 능력을 정당을 위해 사용하는 사람들. 실질적으로 정당을 운영하는 “전문가”.
전국, 주, 로컬 당에 존재

2.​ The party in government 정부 내 정당

It includes the party’s candidates and officeholders, those thousands of persons who run
for or hold elective or appointive offices in the executive, legislative, and judicial branches at
the federal, State, and local levels of government.
공직을 맡고 있거나 공직을 위한 선거에 출마한 후보자들.
연방, 주, 로컬의 행정, 입법, 사법부 모두 Ex) 대통령, 장관, 국회의원, 주지사, 주의원.
판사는… 그가 내린 판결 내용, 누구에게 지명되었는가에 따라 성향 판단, 당적X

3. The party in the electorate 유권자 내 정당 지지층

These are the millions of people who call themselves Republicans or Democrats, and
who support the party and its candidates through thick and thin. Many of them cast their
votes on the basis of the party label, without regard to candidates or issues in an election.
유권자들 중 특정 정당을 지지하는 사람들. 특정 정당에 대한 지지 표명

What Parties Do 정당의 역할/무엇을 하는가?

They are a vital link between the people and their government, between the governed and
those who govern.
정부-국민, 통치자-피통치자? 간의 연결 역할

Political parties seek to modify the contending views of various interests and groups,
encourage compromise, and so help to unify, rather than divide, the American people.
타협점을 통해서/ 생각이 다른(나눠진, 분열) 사람들을 이어줌(통합의 역할)

- 24 -
Functions Performed by Parties 정당의 기능
1.​ Nominating Candidates 후보자 추천
Parties select candidates and present them to the voters. Then the parties work to help
those nominees win elections.
후보자를 추천하고 지원 함.

Nominating function is the activity that most clearly sets political parties apart from all of the
other groups that operate in the political process.
정치에는 다양한 집단 존재(이익집단, 노조 등). 후보자 추천은 다른 집단들과 정당의
차이를 구분하는 점.

2.​ Informing and Activating Supporters

Parties inform the people, and inspire and activate their interest and their participation in
public affairs.
공공정책에 있어 국민들에게 정보 제공/관심을 가지도록 함

Mostly, they do so by campaigning for their candidates, taking stands on current issues and
criticizing opposing candidates and the positions they adopt.
후보 유세/화제,이슈에 당의 입장 표명/상대 후보 비판

3.​ The Bonding Agent Function 보증

A bond is an agreement that protects a person or a company against loss caused by a third
party. 보증이란? 제삼자로 인해 발생한 손실에 대해 사람/회사를 보호

A political party acts as a “bonding agent,” to ensure the good performance of its candidates
and elected officeholders. 후보에 대한 보증

The democratic process imposes this bonding agent function on a party, whether the party
really wants to perform it or not. If it fails to assume the responsibility, both the party and its
candidates may suffer the consequences of that failure in future elections.
미래에 있을 선거에서의 패배를 막기 위해/ 당에서 배출한 당선자, 후보에 대한 감시와 관리

4.​ Governing 집권/통치

In the United States, public officeholders—those who govern—are regularly chosen on the
basis of party. 공직자들

Congress and the State legislatures are organized on party lines, and they conduct much of
their business on the basis of partisanship당파심—the strong support of their party and its
policy stands. 자기 당의 이념/입장에 따라 유리하게

Most appointments to executive offices, at both the federal and State levels, are made with
an eye to party. 대부분의 행정직은 선출직X, 임명직임. 출신 정당을 고려해서, 보고
임명하게 됨.

- 25 -
 Parties provide a basis for the conduct of government. In the complicated separation of
powers arrangement, the executive and legislative branches must cooperate with one
another if government is to accomplish anything. It is political parties that regularly provide
the channels through which these two branches are able to work together.
입법, 행정 간 협업을 돕는 역할

5.​ The Watchdog Function 감시

The party out of power attempts to convince the voters that they should “throw the rascals
out.” 야당은 여당을 비판 및 유권자들에게 설득/ 다음 선거를 위함

The scrutiny and criticism by the “out” party tends to make the “rascals” more careful of their
public charge and more responsive to the wishes and concerns of the people.
여당은 야당에에 꼬투리를 잡히지 않으려, 국민에게 증명하기 위해 더 열심히 업무를 수행

In short, the party out of power plays the important role of “the loyal opposition”一
opposed to the party in power but loyal to the people and the nation.
야당 - “충성스러운 반대자”: 여당에게 반대하나 국민과 국가에 충성

The Two-Party System 양당제

Two major parties, the Republicans and the Democrats, dominate American politics. That is
to say, this country has a two-party system. In a typical election in the United States, only the
Republican or the Democratic Party’s candidates have a reasonable chance of winning
public office. 공화당/민주당 두 주요 정당이 미국 정치를 이끌어간다.

The Historical Basis

The two-party system in the United States is rooted in the beginnings of the nation itself.
The ratification of the Constitution gave rise to America's first two parties: the Federalists, led
by Alexander Hamilton, and the Anti-Federalists. In short, the American party system began
as a two-party system. 양당제의 뿌리는 미국의 시작으로부터. 헌법 제정 문제에 대해 두
파벌(연방주의자, 반연방주의자)로 나눠진 것이 시초

The Framers hoped to create a unified country; they sought to bring order out of the chaos
of the Critical Period of the 1780s. To most of the Framers, parties were “factions,” and
therefore agents of divisiveness and disunity.

- 26 -
 In this light, it is hardly surprising that the Constitution made no provision for political parties.
The Framers could not foresee the ways in which the governmental system they created
would develop. Thus, they could not possibly know that two major parties would emerge as
prime instruments of government in the United States. Nor could they know that those two
parties would tend to be moderate, most often choose “middle-of-the-road” positions, and
so help to unify rather than divide the nation. 정당제도에 대해 부정적이었던 Framers. 진영
간 내분이 일어날 것을 걱정함(극단적 세력끼리 내분). 그러나 서로 중도적으로 합의를 이룰
수 있는 시스템/건설적 토론으로 의견 합치 를 간과

The Force of Tradition

The very fact that the nation began with a two-party system has been a leading reason for
the retention of a two-party system in this country.

Most Americans accept the idea of a two-party system simply because there has always
been one.

In other words,
America has a two-party system because America has a two-party system.

The Electoral System 선거인단 제도

Single-member districts소선거구제
-​ contests in which only one candidate is elected to each office on the ballot.
-​ They are “winner-take-all승자독식제” elections.
-​ Winning candidate is the one who receives a plurality, or the largest num­ber
of votes cast for the office.
-​ A plurality최다득표수 need not be a majority, or more than half of all votes
cast in any given election.

Several features of the American electoral system tend to pro ­mote the existence of but two
major parties. The prevalence of single–member districts is one of the most important of
these features.

The single-member district pattern works to discourage minor parties. Because only one
winner can come out of each contest, voters usually face only two viable choices: They can
vote for the candidate of the party holding the office, or they can vote for the candidate of the
party with the best chance of replacing the current officeholder. 군소정당을 배척하는 제도.
대게 유권자들은 현재 공직을 맡고 있는 쪽/갈아치울 수 있는 가장 쉬운 후보

Much of American election law is purposely written to discourage non-major-party

candidates. The GOP and the Democrats regularly act in a bipartisan way in this matter.
They work together to shape election laws in such a way that minor party or independent
candidates have a much harder time winning elective office. 선거법은 군소정당 후보가
당선이 힘들게 만들어짐. 법을 만드는 사람들이 주요 양당 소속이기 때문.

- 27 -
The American Ideological Consensus
Americans are, on the whole, an ideologically homogeneous people. That is, over time, the
American people have shared many of the same ideals, the same basic principles, and the
same patterns of belief.

This is not to say that Americans are all alike. The United States is a pluralistic societyᅳone
consisting of several distinct cultures and groups. Increasingly, the members of
various ethnic, racial, religious, and other social groups compete for and share in the
exercise of political power in this country. Still, there is a broad consensus— a general
agreement among various groups—on matters of fundamental importance.

The United States has been free of longstanding, bitter disputes based on such factors as
economic class, social status, religious beliefs, or national origin. Those conditions that could
produce several strong rival parties simply do not exist in this country. In this way, the United
States differs from most other democracies. In short, the realities of American society and
politics simply do not permit more than two major parties. 다양한 사상을 대변하는 여러
정당이 만들어질 환경이 조성되지 않음.

Multiparty Systems 다당제

In the typical multiparty system, the various parties are each
based on a particular interest, for example on economic class,
religious belief, sectional attachment, or political ideology.
경제, 종교, 정치에 따라 여러 목소리를 대변하는 여러 정당들
존재

Multiparty systems do tend to produce a broader, more

diverse representation of the electorate. That strength,
however, is also a major weakness of a multiparty system. It often leads to instability in
government. One party is often unable to win the support of a majority of the voters. As a
result, the power to govern must be shared by a number of parties in a coalition연정.
국민들의 다양한 의견 수렴 가능. 그러나 이런 장점이 단점이 되기도 하는데, 정부가
불안정적이게 된다. 그래서 여러 정당이 함께 집권하는 연립정부가 세워지는 결과

A coalition is a tem­porary alliance of several groups who come together to form a working
majority and so to control a government. 연정은 정부를 구성하기 위해 여러 그룹이
임시적으로 하는 연대.

One-Party Systems 일당제

In the typical dictatorship, only one political party, the party of the ruling clique, is allowed to
exist. For all practical purposes, the resulting one-party system really amounts to a
“no-party” system.

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 Many Americans are quite familiar with one-party systems of a quite different sort. What are
often called “modified one-party systems” are found in roughly a fourth of the States
today. That is, in those States one of the two major parties—either the Republicans or the
Democratsᅳ consistently wins most of the elections held there. Although in the remaining
States there is more or less vigorous two-party competition at the Statewide level, there are
also many locales in most of them where the political landscape is regularly dominated by a
single party. 미국에도 일당제 성격(modified one-party system). 한 정당에 무조건적인
지지를 보내는 주가 있다면

From the 1870s into the 1960s, the Democratic Party was so dominant throughout the
southern States that that quarter of the country came to be known as the Solid South. Over
the past 40 years or so, however, the GOP has become the leading party in that part of the
country. 남부가 모두 민주당을 지지했던 시기(1870–1960). Solid South라고 불림.

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Ch.9 Interest Groups (LA2)

9.1 The Nature of Interest Groups

Interest Groups
Are collections of people who share certain views on public matters and work to shape
public policy to their benefit. They try to persuade public officials to respond to their positions
favorably.

These organizations provide one of the most effective ways in which Americans can get
government to react to their needs and wants.

The Role of Interest Groups

Joining with others who share your opinions is both practical and democratic.
Organization can provide the route to power, and organized efforts to further group interests
are a fundamental part of the democratic process.

The right to do so is protected by the Constitution. Remember, the 1st Amendment

guarantees “the right of the people peaceably to assemble, and to petition the Government
for a redress of grievances.

Interest groups are sometimes called “pressure groups” and often “organized interests” or
“special interests.” They try to influence what government does in some specific area of
special interest to them. They give themselves a variety of labels: leagues, associations,
clubs, federations, unions, committees, and so on. But whatever they call themselves, every
interest group seeks to influence the making and content of public policy. Used in this
general sense, public policy includes all of the goals that a government pursues in the many
areas of human affairs in which it is involved—everything from seat belts, speed limits, and
zoning to flood control, old-age pensions, and the use of military force in international affairs.

Parties and Interest Groups

Political parties and interest groups differ from each other in three significant ways,however:
1.​ with respect to the making of nominations, 후보 선정
2.​ in their basic focus, and 어디에 집중하는지
3.​ in the scope of their interests. 관심 가지는 부분의 범위

First, parties nominate candidates for public office; interest groups do not. Recall, the
making of nominations is a prime function of political parties. If an interest group were to
nominate candidates, it would, in effect, become a political party. Interest groups do attempt
to affect the outcome of primaries and other nominating contests. They do not pick

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candidates who then run for office under their labels, however. It may be widely known that a
particular interest group supports this or that candidate, but the candidate seeks votes as a
Republican or a Democrat. 정당만이 후보를 추천할 수 있음

Second, parties are chiefly interested in winning electionsand thereby controlling

government. Interest groups are chiefly concerned with controlling or influencing the policies
of government.
political parties are mostly interested in the who, and interest groups are mostly concerned
with the what, of government.

Third, political parties are necessarily concerned with the whole range of public affairs, with
everything of concern to voters. Interest groups almost always concentrate only on those
issues that most directly affect the interests of their members.

In addition, interest groups are private organizations. Unlike political parties, they are not
accountable to the public. Their members, not the voters, pass judgment on their
performance. 이익집단은 사적 조직임. 따라서 투표로 심판받는 공적 조직인 정당과 다르게,
대중들에게 판단받지 않음. 조직의 행위에 대해 소속된 사람들이 평가

Interest Groups: Good or Bad?

Two Early Views:
1)​ James Madison- In The Federalist No. 10, he argued that, inevitably, people join
together to pursue common interests. They form “factions파벌,” Madisons term for
what we now call interest groups. He warned that those factions, left unchecked,
could dominate public decision making because of size, resources, and/or
leadership. 소수의 파벌(이익집단)이 공공정책 형성에 너무 많은 영향을 주지
않겠는가

Madison believed that a society could eliminate factions only by eliminating the
peoples fundamental freedoms. He argued that “the mischiefs of factions” could best
be controlled by a political system in which the powers of government, or the ability to
make public policies, are fragmented. That is a major reason why, he said, the
Constitution provides for a separation of powers and checks and balances, and for a
federal system of government—to make it unlikely that one group can override the
interests of other (competing) groups. 파벌을 없애기 위해선 사람들의 자유를 박탈할
수 밖에 없다. 그래서 파벌을 쪼개도록 하여 서로 견제를 하는것이 최선

2)​ Alexis de Tocqueville- In his work, Democracy in America, he wrote that:

“In no country in the world has the principle of association been more successfully used, or
more unsparingly applied to a multitude of different objects, than in America.”
“세계 어느 나라에서도 ‘결사의 원리’가 미국만큼 성공적으로 활용되고, 또 수많은 다양한 목적을 위해
이토록 아낌없이 적용된 경우는 없다.”

“Americans of all ages, all conditions, and all dispositions, constantly form associations… not
only commercial and manufacturing… but… of a thousand other kinds — religious,

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moral, serious, futile, extensive, or restricted, enormous or diminutive.”
“모든 연령대, 모든 계층, 모든 성향의 미국인들은 끊임없이 결사를 조직한다… 상업이나 제조 분야뿐만
아니라 종교적, 도덕적, 진지한 것, 하찮은 것, 광범위한 것, 제한된 것, 거대한 것, 아주 작은 것까지 천
가지도 넘는 분야에서 결사를 이루어낸다.”

Their Valuable Functions

First, organized interests help to stimulate awareness of and interest in public affairs. Public
affairs are those issues and events that concern the people at large. Interest groups raise
awareness of public affairs mostly by developing and publicizing those policy positions they
favor and by opposing those they see as threats to the interests of their members.

Second, interest groups represent their members on the basis of shared attitudes rather
than on the basis of geography. 지역적/지리적 단위의 입장 보다는 사람들의 공통된
관심사로 회원들의 의견을 대표

Third, organized interests often provide useful, specialized, and detailed information to
government —for example, on employment, price levels, or the sales of new and existing
homes. These data are important to the making of public policy.
유용하고 구체적인 의견/내용을 정부에 제공한다. 공공정책을 수립하는 데에 도움이 됨.

Fourth, interest groups are vehicles for political participation. Most people are not inclined to
run for and hold public office, or even to volunteer for a campaign.
일반 시민이 정치 참여에 하기 위한 통로의 역할.

Fifth, interest groups add another element to the checks-and-balances feature of the
political process. Many of them keep close tabs on the work of various public agencies and
officials and thus help to make sure that they perform their tasks in responsible and effective
ways.
정치 과정에서 감시와 견제를 하는 역할. 정부가 직무를 책임감있고 효과적으로 수행하도록
함.

Finally, interest groups regularly compete with one another in the public arena. That
competition places a very real limit on the lengths to which some groups might otherwise go
as they seek to advance their own interests.
이익 집단끼리 상호 견제. —서로 다른 의견을 가진 집단끼리—

Criticisms
The potentially negative side of interest groups is sometimes all too apparent. Many groups
push their own special interests which, despite their claims to the contrary, are not always in
the best interests of other Americans. Their critics often make several more specific charges.
공공의 이익X, 특수 이익을 추구한다는 비판이 있다.

First, some interest groups have an influence far out of proportion to their size, or, for that
matter, to their importance or contribution to the public good.
이익집단 규모에 비해 과도한 영향

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Second, it is sometimes hard to tell just who or how many people a group really represents.
Many groups have titles that suggest that they have thousands—even millions—of dedicated
members. Some organizations that call themselves such things as “The American Citizens
Committee for. . or “People United Against . . are, in fact, only “fronts” for a very few people
with very narrow interests.
얼마나 많은 이들을 대변하고 있는지 알 수가 없다. .
최대한 많은 사람을 대변하는 것 같은 포괄적 용어를 이름에 사용(American, citizen…)

Third, many groups do not in fact represent the views of all of the people for whom they
claim to speak. Very often, both in and out of politics, an organization is dominated by an
active minority who conduct the groups affairs and make its policy decisions.
대다수 집단이 모든 회원의 의견을 대표하지 않고/ 조직 수뇌부의 의견을 대변할 가능성이
높다.

Finally, some groups use tactics that, if they were to become widespread, would undermine
the whole political system. These practices include bribery and other heavy handed uses of
money, overt threats of revenge, and so on. Instances of that sort of behavior are not at all
common; they are not altogether unknown, however.
목소리를 내는 과정에서 정치 시스템에 악영향을 끼치는 전술을 사용(로비활동: 뇌물제공,
청탁, 협박)

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