Ten Essentials

     Problems with Democracy

    Radicals - favor massive revolutionary change even at the cost of violence

1. Define and explain the significance of the following:

      Magna Carta- 1215 King John was forced to sign it. First time the powers of the British King were limited.  Eventually led to our government.  First tidal step on the road to democracy.

      John Locke- Single most influential philosopher (British) living in 1600’s that wrote political theories, which influenced our framers and original leaders.  He was a keynote designer in our political ideas. 

1.   Principle that all men are created equal.

2.   All people have “certain unalienable rights” including life, liberty, and property (the pursuit of happiness)

3.    Governments are created by people “To Secure These Rights”

4.   All governmental powers is based on “The consent of the governed”

5.   If Government becomes destructive of these ends, it is the right of the people to alter or to abolish it.

·         Bill of Rights- Most complete grouping of rights in the constitution. Tells us the rights of the people. This is one of the most important limitations on the powers of the national (and state) governments. 

·         Supremacy clause- if a federal and state law conflict then the Federal Law is Supreme over the State Law.  The Constitution is supreme over Federal Law.

      Exclusive, concurrent & reserve powers:

·         Exclusive powers- powers only the national government has

·         Concurrent powers- powers shared by the national and state government

·         Reserved powers- powers only the states have - found in the 10th Amendment

  Explain the purpose and functions of constitution in the American political experience.

• constitution defines and limits government powers.

• Sets down in writing, the rights of the people.

• Tells us the structure of government. Judicial, legislative, and executive branches established in writing.

• Includes the rules and operating procedures for government.

• It is the supreme and final law of the land. It is above all other laws. It is semi- permanent. (some rights are so vital and necessary that some of them are in the constitution to prevent them from being changed without first experiencing great difficulty)

   Discuss government under the Articles of Confederation: its structure, powers, and defects.

       Our government from 1783-1789. Confederacy (Strong states and a weak    National Government)

A. Strong states weak national government

·         “League of friendship”

·          Structure: one branch legislature

• No executive- Feared another tyrant or monarch

• No Judiciary- feared would interpret the Constitution taking away power  from the states - so no one interpretation of the Constitution and no way to settle disputes between the states

Congress- Unicameral- One house congress

a.      Every state had one vote.

b.      One year terms & Recall

c.      Vote on instructions for home state

d.      Paid by State

e.      9 of 13 for most action-- a ¾ majority

Powers Lacking

      a.   Tax- Cannot Tax - so government bankrupt

b.    Regulate Trade- Cannot Regulate the Economy

c.    Raise Army- Feared Military Control or enforcement.

1.      Separation of Powers

2.      Checks and balances

            Examples:

              President can veto bills passed by congress

             Congress can override veto

             Senate must ratify treaties

             Courts power of judicial review over Acts of Congress & President

3.      Federalism
Divided up government power more evenly between 2 independent levels of government - the national and state government - this was a compromise between the confederacy (strong states & weak national government) and the unitary system (national government having all of the power). This was a more even division of powers.

·         Exclusive powers - National government - only has this

·         Shared powers - Concurrent- both state and national share

·         Reserved powers - only state has these powers - defined in 10th Amendment

4.      Judicial Review
Power of our courts to determine the constitutionality of any government law or any government action. - By President, Congress states & contributes to the power of the courts.

5.      Limited Government
One of the ten essentials of a democracy.
Outlining restrictions on powers - Article I  - Sec. 9 & 10 - list of powers prohibited national government & states
Bill of rights. - rights the national government (and eventually the states) cannot deny the people

6.      Popular Sovereignty
Government’s power rests with the people.
People have the final say and are the ultimate authority. - through elections and right to criticize and lobby government.

• Discuss whether democracy, in the modern sense, existed in the newly created nation in 1789 when the U.S. Constitution went into effect.

·    No the framers  of the Constitution intended to establish a Republic, composed of elected officials chosen by the elite.  People weren’t directly electing the government – the only part of the national government to be elected by the people in 1789 was the House of Representatives; US Senators were chosen by their state legislators and the president was chosen by electors in the Electoral College-

•  to vote in 1789 – the were 4 key requirements a person had to meet:

·         white

·         male

·         property owner

·         and meet some religious requirements ( in some states)

·         only 5% were eligible to vote.

·         Why? The elites didn't trust common people? Over 200 years we have become slowly and painfully become a democracy—through amendments to the US Constitution and through various laws and changing practices

·        Discuss and evaluate the various methods (formal) and informal of changing the U. S. Constitution

Other ways constitutional change occurs:

·         Court Decisions - a reinterpretation of the Constitution—examples

·         1st amendment-- organized school prayer, legal for 175 years, is now unconstitutional –as of 1962     

·         14th Amendment—Segregation (having separate facilities for blacks and whites was legal from 1896 until 1954 and did not violate the 14^th amendment’s guarantee of “equal protection” of the laws –this was overturned in 1954—Brown v. Board of Education

·         Right of Privacy-- Abortions could be legally restricted or banned by the states until 1973 when Roe v. Wade established that a woman’s right to privacy included controlling her body and deciding whether she wanted to have the child or terminate the pregnancy. 

·         Presidential Acton- Ex- the president’s war powers have gradually been allowed to expand over 200+ years of U.S. history as presidents stretched their powers as commander-in-chief to respond to varies challenges the U.S. faced 

            Examples include:

·         The Tripolitan War (1805)

·         The Korean War (1950-53)

·         The Vietnam War (1965-75)

·         The Grenada invasion to remove the Marxist government and protect US lives (1986)

·         The Panama invasion to remove dictator Noriega from power (1991)

·         By changing political cultures and practices & beliefs. Ex- Electoral College—the manner in which electors are chosen and how they are supposed to vote

UNIT 3

THE FEDERAL SYSTEM

Compare unitary, confederate and federal system of governments and explain why the framers chose federalism

·        As British colonies, England tried to rule us using the unitary system, with all power in the hands of the national government—Parliament and the King—and all decisions made in London.  The colonial governments were expected to simply carry out those decisions.  This did not work too well with the great distance between England and the colonies and slow travel.  However, upon independence, we decided that the unitary system concentrated too much power in the hands of the national government. 

·        So, as an independent nation, we adopted the confederate system of government under the Articles of Confederation—1781-89.  In a confederate system of government, the national government is very limited in its powers and the state governments have most of the power.  We found that the confederate system created a national government lacking the necessary powers to govern the nation—it was too weak.  The states, which had most of the power, often went their own way, ignoring the national government. 

·        So, a constitutional convention was called, to be held in Philadelphia in the May of 1787, to consider amending and improving the Articles of Confederation.  Eventually, a consensus developed that the Articles were beyond repair and that a new, more powerful national government needed to be established.  The framers created a federal system, a compromise between a unitary and confederate system of government.  Under a federal system, the power was more evenly divided between the national and state governments.  Compared to the confederate system, the national government gained power and the states gave up some power.  Each level of government is independent, each passing its own laws and raising its own money through taxes. 

Federalism and constitutional provisions

·        Article I, Section 8—a list powers given the national government (Congress)—these are enumerated powers (listed powers)

·        Article I, Section 9--a list of powers prohibited the national government (no granting titles of nobility, no passing ex post facto laws, no money spent without Congress first appropriating it)

·        Article I, Section 10-a list of powers prohibited the states.

·        Powers given only to the national government—are exclusive powers (conducting foreign relations, regulating foreign and interstate commerce)

·        Powers given (reserved) to the states are—reserved powers (creating local governments, education)—defined in the 10^th Amendment

·        Powers given to both the national and state governments are—concurrent powers (taxation, criminal law, welfare programs)

Amendment 10-- Reserved powers - only place in the constitution where you will find reserved powers to the state.  And it reads  

(Important Point: The common early (pre-20th century) interpretation of the tenth amendment was that the majority of governmental responsibility lies with the states. The national government would be limited to only those powers specifically mentioned in Article I, Section 8.  The state governments would have more responsibility, a broader area of jurisdiction, and have more to do with what effects your daily life. )  This was the common view and the practice until the 20^th century. 

Trace the development of federalism & the 8 methods by which federal power has expanded since 1789.

 Eight Methods Used to Expand National Power

1.     JUDICIAL REVIEW Power to determine the constitutionality of a government action or law.  (This power, not mentioned in the US Constitution, was established by John Marshall in the Marbury v. Madison decision in 1803).

This protects the national government’s powers from being infringed upon by the states. It prevents states from the passing laws that infringe upon the U.S. constitution and the national government.  If such laws are passed and challenged in court, judicial review gives the federal court—especially the US Supreme Court—the power to rule those state laws unconstitutional, thus protecting the national government’s powers from being limited and restricted by the states.  By declaring those state laws in conflict with federal law or the US constitution unconstitutional, state powers are being restricted and narrowed.

2.      NECESSARY AND PROPER CLAUSE (Elastic Clause): if a power is listed in the constitution then it is an enumerated power.  At the end of the list of enumerated powers given the national government (Article I, Sec.8) is the necessary and proper clause—it reads: “CONGRESS HAS THE POWER TO MAKE ALL LAWS NECESSSARY AND PROPER FOR CARRYING INTO EXECUTION THE FOREGOING POWERS.”   In McCulloch v. Maryland (1819), Chief Justice John Marshall ruled that the national government not only had enumerated powers, but implied powers. (These are powers that are not actually mentioned in the constitution—merely hinted at.)  The necessary & proper clause gives the national government these implied powers.  According to Marshall in McCulloch v. Maryland, the national government has the implied power to pass other laws that HELP carry out the enumerated powers. (Ex.: establishing the national bank helped Congress carry out the enumerated powers of taxation & coining of money —the national government had to have a place to deposit tax revenue and money it coined.; the space program helps the national government in carrying out the listed power of “providing for the common defense.”) 

3. Interstate commerce clause

Trade between the states can be regulated by the national government.  In Gibbons v. Ogden  (1823) John Marshall gave a broad interpretation of Interstate Commerce, defining it as “commercial intercourse” or any movement across state lines. This allowed the national government to regulate all sorts of activities that crossed state lines—railroads, the federal mail, radio & television stations (FCC licenses), oil & gas pipelines, etc.—thus, expanding the national government’s power beyond just regulating interstate trade. 

4. Taxation power

The national government sometimes passes taxes for reasons other than to raise revenues to pay for government programs and services.  Sometimes the taxes are designed as regulatory tools to discourage “bad behavior”:

• Sin taxes placed on alcohol and tobacco products--things we don’t approve of or are unhealthy. 
• Tariff Tax charged to imports—to make cheaper foreign products more expensive and thus encourage American consumer to buy American-made products (thus, protecting American industry and saving American jobs.)
• Tax deductions (for political, church, and charitable contributions) encourage us to spend money in “good ways” that we otherwise would not do. 

5. Power to spend for "the general welfare"

Most social programs are based on this clause—Social Security, food stamps, Medicare, Medicaid, welfare, health research for cancer, Aids, etc., Pell grants to help poor kids to go to college.  This allows the federal government to spend money in ways that our framers never envisioned—or intended.

6. Fourteenth Amendment- Added after the Civil war.

·        Equal protection clause- “No state shall deny to any person within its jurisdiction the equal protection of the laws.”  This has been used by the courts to end discriminatory practices & laws—segregated schools (Brown v. Board of Education)—1954, the white primary, poll tax, and grandfather clause as voting requirements (they were designed to prevent blacks from voting)

·        Due process clause- No State shall deprive any person of life, liberty, or property, without due process of the law

7.   Right to Privacy

Implied right established in 1965 by the Warren Court (Griswold v. Connecticut).  There are certain parts of our lives that are so private and personal that no government has any business making laws or regulating it.

ü     Birth control devices—states cannot ban sale, mailing, to adults

ü     Wiretapping—law enforcement needs a search warrant (court order) before wiretapping your phone

ü     Right to possess pornography in your home—state laws making that illegal were ruled unconstitutional

ü     Women’s abortions—(Roe v. Wade—1973) ruled that the Texas abortion statute—and those of the other 49 states were unconstitutional because they violated a woman’s right to control her body and decide whether to have the child or terminate the pregnancy.

ü    Deviant sexual behavior--Sodomy laws (laws that made it illegal to engage in certain types of “deviant sexual conduct’)—the U.S. Supreme Court ruled in 2003 that the Texas sodomy statue (and those in 10 other states) violated the rights of consenting adults to engage in sexual behavior in the privacy of their homes & bedrooms.

8.  Federal aid

Forces states, local governments, and public schools to do something we might not have originally done.  Ex.:

·        Speed limit—1970s-1995—states had to lower it to 55 mph or risk losing all federal highway funds

·        Drinking age—1986—states had to raise it to 21 or risk losing 5% of their highway funds the first year and 10% thereafter

·        Integration of Schools—1981-82—ECISD was forced to come up with an acceptable integration plan to undo the effects of decades of segregated schools or lose all federal education funds—so ECISD closed down Ector High, created magnet schools, all to produce more “natural” integration

Full faith and credit clause – every state has to recognize the court proceedings, acts, records and practices in all other forty-nine states—ex.: a marriage or divorce in one state is valid in all 50. 

Privileges and Immunities clause – New residents of a state have the same rights as native- born residents—states cannot discriminate against people moving in from other states.

 Types of Federal Aid

• Categorical Grants

90% of today’s financial aid comes from this source

• History & Purpose:
  During the great depression FDR implemented the New Deal. Its purpose was to pave highways and ease the Depression

• Application required
  

• Extensive federal regulations required

•  Much paper work required

•  A Matching Requirement

example: if project costs $10 million,  the  city, county, or state government must provide the first 10-30% out of its own pocket--the the government provides the remaining 90-70%.

• Federal money had to be used for one specific purpose

Block Grants

• History : was introduced in 1966 by Pres. LBJ as part of his Great Society--an attempt to solve the social problems facing the US

• Purpose--To solve social problems

• Application was required

• Fewer federal regulations than categorical grants

• Less paperwork than categorical grants

• There was a matching requirement--10-30%

•  Major Difference: the money could be used in a broader area with more flexibility and choices--not just for one narrow purpose as with the categorical grant

• 10% of all federal funds by today’s government 
  

Revenue Sharing

• History:   Began in 1972 under Nixon administration

• Purpose:  to reduce the role of federal government

•  No application required

•  Almost no federal  regulations

•  Very little paperwork

•  No matching requirement--it amounted to "free money" from the  federal government

•  Use:  1/3 for the state, 2/3 for local government- which in turn have to use it in eight broad areas—most freedom to use money as wanted of all 3 programs .

• Amounted to about  6-7 % of all federal aid--it was phased out in mid-1980’s under Reagan

The fiscal impact of these federal aid programs:

• 1.      Imposition of national goals:

• Raise Drinking Age to 21

• To end discrimination--forced public schools to integrate

• Forced states to lower speed limits to 55mph for energy conservation 

• 2.      Forced states to do things otherwise might not do

• 3.      Redistributive effect- Helped poorer states & cities by directing more federal $ to those poorer areas

• 4.      Paperwork required—adds to the cost of government

• 5.      Matching requirements- cities & states had to come up with some of their own money first (the matching requirement) to be eligible for the federal aid—often, this lead to higher state and local taxes

• 6.      More federal aid was sent to urban areas—because they were perceived as having the more serious problems. 

Six agents of Political Socialization:

1.  Parents/Family

• Your political party identification and loyalty. If you are split, you are more likely to take on the mother’s party. – (Republican, Democrat, Independent)
  

• Political Philosophy-liberal or conservative or moderate
  

• If you are an activist and participate, then your parents more than likely were also.  If they didn’t vote, you are more likely to be an apathetic nonparticipant.
  

• Image of the United States. “It’s the best country in the world and you are lucky to be an American – be a good citizen; pay your taxes, obey the law, fight for your country. 

Change:

Less parental influence today. Due to divorces, mobility, more apathy, and we have more leisure time – we spend it with our peers.

 2.      Church

·        Protestant, Catholic, and Jews

·        Jews are the most liberal and Democratic

·        Protestants are the most conservative and Republican

·        Catholics more moderate. – 60% Democrats, 40 % Republicans

·        Will have the most impact on moral-political issues.  Ex: Gay rights, abortion, pornography, and organized prayer in the schools, sexual education, drinking, creationism and evolution. 

Change:

Less influence today because church attendance is down significantly. Also the secularism of American society.  – separation of  church & state. 

In early United States -- Church was the hub of community social life and the minister was usually the most educated person in the entire community.  – we put him on a pedestal -- & people didn’t easily disagree with their minister

3.      School/Education

            1.   Children taught our history as heroic in grade school

2.   Children taught patriotism early on -- “Pledge of allegiance” in grade  school

3.   “Citizenship training” taught about the political system in junior high and high school.

            4.     Taught a balance of views and actual history in college. – mistakes our nation has made.

            5.      Litt study. Edgar Litt a political scientist and his theory. Rationalized that students were socialized differently depending upon the type of schools they attended politically. 

1.      Upper Middle Class Suburban (White Collar) (Permian.)

·        Encouraged to vote

·        Encouraged to become involved politically

·        Encouraged to question the system.

2.      Lower Middle Class (blue-collar) (Odessa High.)

·        Encouraged to vote and not much else

3.      Inner City Poor (Non White School) (Ector High.)

·        Not encouraged to become involved in the political system.

·        Instructed to fight for their country and obey the laws

Change:

Effects of education on political socialization have increased.  The more someone is educated the more those persons become involved in politics and the more influence their education has on them.

4.      Peers

·        Friends, Co-workers, acquaintances, organizations we belong to.

1.     Most have your same views and reinforce your political views.

2.     Strong emphasis to conforming to group beliefs.

3.     Strongest pull from conforming in teen and high school years.

Change: The effect has increased. More leisure time and availability of those friends, autos, city living.  

5.      The Media

1.   Newspapers- less convenient and more time consuming. More biased and one-sided. Odessa America is predominantly conservative. Also Newspapers are more vulnerable to public opinion. – most cities have only one news paper today – lack of choice

 2.     Newsmagazines- Time, Newsweek, U.S. News and World Report. Newsmagazines middle of the road on views and appeal to a national audience.

·        Greater cost and time involved in sitting and reading one.

·        News is dated by the time magazine reaches you.

·        Best in-depth best coverage of each story. 

·        Smallest Audience.   

3.     Radio-Was once more effective and popular. Talk Radio is much more conservative.  News is very brief & concise.  Not much in-depth reporting, unless it’s a 24-hour talk radio station. 

4.     Television- 2/3rds of us rely on television as their major source and 50% rely on it as our only source.  Easy, convenient and regularly scheduled.  Most up to date. Pictures and film footage make it more entertaining and makes a stronger emotional impact. However it has time constraints, because of commercials so some stories not covered. Twenty-six minutes of actual airtime.  Television can only cover the most important stories.  Television airs stories with good film footage and stories that will bring in more viewers. FCC regulates television and radio broadcast.  We use to have a fairness doctrine (equal time for opposing viewpoints) Ended as a result of cable television.  Also we now have satellite technology to report live and up to the second reporting from all parts of the world. 

     5.  Internet

·        Get news anytime you want, at your fingertips, when you want it.

·        Danger on the Internet is that it is not always accurate.  Must take care to receive news from reputable or consistent sources.  – Journalistic standards are not always present.

                  Change:  Increased influence of media, especially TV.

  6.   Generational Events

·        1930’s – Great Depression – FDR – Frugal people saving for a rainy day.  Created good loyal Democrats because of President -- FDR

·        1940’s – WWII – FDR – Created very patriotic Democrats -- FDR

·        1960’s – Kennedy assassination, civil rights revolution and the beginning of the Vietnam War.  Created liberal generation, very Democratic and distrustful of government.

·        1970’s – Nixon – Vietnam war escalates & Watergate scandal – created liberal Democrats but distrustful of government. – More cynical

·        1980’s – Reagan – Became conservative and more Republican. (Because of popularity of Republican President Reagan; 80’s children were of the more liberal 60’s parents.) 

·        1990’s – Clinton – Democratic President and counterbalancing his influence there is a Republican Congress.  – Which will be more influential??  The verdict is still out.

·        2000+--first decade- 9/11—the terrorist attacks on Sept. 11, 2001 are probably the key generational event so far in the first decade of the 21^st century.  Certainly, that event has changed our views of President George W. Bush and our opinions on defense, security, civil liberties, and the U.S. involvement in world affairs. 

Interest group – An organization that attempts to influence government actions and policy. 

 Lobbyist – A person who attempts to influence government.  This could include a professional who is hired by an interest group, or any of us who take the time to try to influence government. Phone calls, e-mail, and try to influence government and their actions.

Techniques Used by Interest Groups & Lobbyists To Influence Government:

1.      Electioneering-- trying to get candidates sympathetic to your cause elected--most effective and expensive method.

·        Campaign contributions-- trying to get candidates sympathetic to your cause elected to office by supporting them financially. Best way to do this is through campaign contributions. 

·        At the federal level, the most an individual can contribute to a campaign à $2,000

·        If you are a political action committee your limit is $10,000 in any one candidate in any one election.

·        Each labor union, corporation, or interest group is limited to one PAC (political action committee) each.

·        Endorsement --Stand behind and give a stamp of approval to certain candidates. Sway voters for the cause you stand for.  This can deliver votes to a candidate that they otherwise would not get. (Ex.:  When the National Right to Life endorses a candidate, millions of pro-life Americans will be influenced by that endorsement and support the candidates endorsed.)

·        Volunteers--Provide volunteer workers.

·        People who answer telephones, fill envelopes, and hang posters.  Vast majority of campaign workers is volunteers. 

2.      Lobbying

·        Face to face contact or verbal or written persuasion. 

·        Most effective Lobbyists are former members of government, but are also very, very expensive. Posses a wealth of connections, expertise, and technical know how. 

·        E-mail, Letters, Faxes, Phone calls, and Personal appearances. 

·        Providing Research and information. To bring about change by proving your cause with facts provided by personal or personally funded research.  Statistics, facts, and research.

·        Wining and Dining 90% of budget spent on it because of effectiveness. Entertaining and

·        Providing free gifts. 

·        List of favorite women of government officials. Escorts.

·        Letter writing campaign. 

3.      Persuasion-public opinion

·        An attempt to mold, shape, and influence public opinion on an issue through a media campaign- Expensive.

·        This includes: Ads on television, radio, newspapers, magazines; billboards, films, speakers

·        Write letters to the Editor & get them published in local newspaper—inexpensive—goal is to influence members of the community who read the letters to the editor

4.      Influence appointment of sympathetic government officials

·         An attempt to get the “right person” appointed to a governmental position—someone who shares your political views

·                    This requires connections for personal visits or to get your call through or to get your letter read. 

5.      Litigation

• This is going to court and filing a lawsuit.

·        Must have a legal issue—examples include:

·        Gun control

·        Abortion

·        Immigration

·        Discrimination

·        Is comparatively less expensive than electioneering & lobbying

·        Is time consuming—with appeals, the process can take years

·        The judicial branch is the most objective & nonpolitical of the 3 branches—judges are there to do what is constitutionally and legally correct, and are NOT there to do what is politically popular.  Thus, if you feel the law and/or the Constitution is on your side, this is the route to go

6.      Direct action

·        This is non-violent or peaceful protest (civil disobedience) and includes:

·        Marches, demonstrations, sit-ins

·        Picketing

·        Boycott

·        Two advantages:

·        This is fairly cheap  & inexpensive

·        This often brings in the media—thus, free publicity to your cause

·        Disadvantage:

·        If violence results then your group takes the blame for the action even if they did not initiate it.

·        Americans typically view groups and individuals who engage in civil disobedience as “troublemakers,” “radicals,” and  “Un-American” & often there is a public backlash as even people who initially supported your group or agreed with your stand on that issue turn against you

7.      Illegalities

This would be anything that violates the law, including:

·        Bribery

·        Blackmail

·         Extortion

·        arson

·        terrorism

·        violence

·        murder

·        assault

• Radical groups often use this.  It is also used by frustrated groups who were committed to democracy and peaceful change and feel that as a last resort—since everything else failed—they are justified in resorting to illegalities.  Example in early America history: the Boston Tea Party. 
• If caught engaging in this, there is a personal cost—arrest, indictment, conviction, a fine or jail/prison sentence.  Also, this often turns public opinion against you.  The ultimate risk is death. 

·        Business and Trade Lobbyists are the most successful and powerful.  80% of all registered lobbyists are representing them. 

 Lobby Regulation at the Federal Level:

The New 1995 Lobby Regulation Act (went into effect January 1, 1996).

·        This was a BIG improvement over the old 1946 Lobby Regulation Act because it more broadly defined who was a lobbyist and who had to register as a lobbyist and report their activities.

·        Its provisions:

·      Lobbyists must register with House clerk & Senate secretary

·      Must report who their clients

·      Must report what agencies or branches of Congress are lobbied (this includes the executive & legislative branches—the old law only covered lobbying Congress)

·      Anyone who spends 20% of their time lobbying must now register as a lobbyist (under the old law only paid lobbyists—professionals—who were paid primarily for their lobbying activities had to register—thus exempting many lawyers) This is a broader definition of “lobbyist” and thus covers more lobbyists)

·      Restrictions on gifts that can be accepted from lobbyists

§       Members of Congress & their staffs can only accept gifts worth less than $50

·      Major loopholes:

§       Does not include the judicial branch

§       Does not apply to grass-roots lobbying (efforts to generate phone calls, faxes, email, & letters to government officials)

UNIT 6

POLITICAL PARTIES 

 Define a Political Party & its Basic Function:

Political parties are organizations which run candidates for office.  They want to run government from the inside. (Interest groups try to influence it from the outside– by lobbying, electioneering etc.)  

• Democratic Party
  The Democratic Party evolved from the Jeffersonian Republican Party.  The Jeffersonian Republican Party was founded on the principles of a limited national government, participation of the common man, and the belief that the American farmer was the backbone of American society, and thus , advocated policies to benefit the farm class.  

• Republican Party
  In 1856 the Republican Party was established and their major issue became their opposition to slavery.  Thus, they drew most of their support from the North and Midwest and found little support in the South.  The South then became a strong one-party  Democratic region.   
  

        Compare the current democratic and Republican parties on the following aspects:

a.      Ideology

b.      Issues

c.       Group support

d.      Images

e.      Geographical areas

HISTORY, CONTRIBUTIONS, AND LACK OF SUCCESS OF THIRD PARTIES

4 types of third parties:

• ·      Single Issue Third Party: Formed because they feel two major parties are ignoring a key issue.  Liberty and Free Sol

• ·      Economic Protest Third Parties: People feel left out of prosperity of the country. Farmers and Laborers.

• ·       Secessionist Third Parties: Formed by major political Leaders who Temporarily Drop out of their party and form a third party and use it to vent frustrations over things being done. Teddy Bull Noose.  Lafont Progressive.

• ·      Ideological Third Parties: Formed by people who feel the two major parties is not dealing with major issues in American Society. Demanding Drastic changes in American Society. Ex Communist, Socialist Laborers. Socialist, Libertarian. Would rather stick to their philosophy and lose than compromise their principles and win. 
  

  Benefits of third parties

• ·      Third parties have forced major parties to deal with issues they wanted to ignore.

• ·       Have represented ignored groups in society

• ·       Raised ignored issues

• ·       Kept the other two parties on their toes.

• ·       Act as a safety valve in our political system. Reduces Violence.

Reasons Third Parties Have Not Been Successful

• ·      Not viable party – why waste their vote.

• ·      Not a popular issue.

• ·     The larger parties steal issue from them. – Ross Perott and the balanced budget.

• ·      Radical Image – always fighting against a distorted image

• ·      Poor – Lack of money.

• ·      Lack of Media Coverage – frivolous candidate

• ·      Often their issues are too narrow. Don’t affect a wider audience.

• ·      Election Rules have been deliberately written against them.   

UNIT 7

THE PRESIDENCY

Rise of the Presidency and presidential powers—Reasons --Why?

1)    Congress failed to live up to expectations

2)    Congress is too slow in our faster paced world (technology, communication)—we are stuck with an 18^th century Congress in a 21^st century world!

3)    Congress is too divided-- unable to reach consensus – its larger size makes it more difficult to reach a consensus

4)    Congress is too gutless --unwilling to make controversial decisions.

5)     The media, especially TV--More media attention --greater coverage (quantity) & quality (more balanced coverage) given to president (as compared to Congress)

6)     Public Ignorance of Congress--we can’t name our 2 United States Senators & 1 U.S. Representative B or, few can, and even if we can we known little else about them.

7)     U.S. being a superpower—defense & foreign affairs are more important—these are two major areas of responsibility for the president—as Commander-in-chief and Chief Diplomat-- we need a stronger president able to act when necessary

8)     Need for Secrecy-- especially in foreign affairs & defense

9)     Crises U.S. has faced- refer to the three historical examples cited earlier in the notes

10)   Easier to Focus on one person (President) than a collective group (Congress)

THE SEVEN ROLES OF THE PRESIDENT

ORIGINAL ROLES INTENDED BY FRAMERS OF THE CONSTITUTION:

1.   CHIEF OF STATE

• -this includes the ceremonial duties the president must perform--meeting the handicapped child of the year, the Olympic team, the astronauts, touring a disaster area.

• -this is important for public relations--increases a president's popularity and makes him look as if he cares, that he is not isolated.

• -this is more important today because of the impact of tv--thus, presidents, although busier, have to devote more time to this today.

• -personality, image, charisma, and good looks help in this role.

• -effective presidents in this role: Reagan, Kennedy, Eisenhower, FDR

• -poor presidents in this role: Carter, Nixon, LBJ

2.   CHIEF ADMINISTRATOR  
our framers intended this to be the main and most important duty of the president--implement the laws Congress passed.

- today this is a larger role because of:
1.  the greater quantity of laws and programs on the books
2.  today Congress has delegated to the Exec. Branch the authority to fill in the details to the laws they pass--Congress lacks the expertise & time--and these bureaucratic rules/regulations/details determine how effective a law may actually be--strict or lenient, or full of loopholes

-the power to issue executive orders, to appoint people loyal to him at the top levels of the bureaucracy, and to mobilize public support helps a president in this role

-much of this power is delegated to his subordinates--cabinet, advisors, and lower level bureaucrats--thus, the power of appointment is  important to insure compliance with presidential wishes: problem: civil service system weakens presidential control over the bottom 90% of the bureaucracy

-new (implied) powers in this role (not in the Const.):

• 1.  executive privilege--power to withhold information from the other 2 branches of government--important for national security or confidentiality reasons but can be misused (ex.: Nixon & Watergate tapes)

• 2.  impoundment--power to refuse to spend money appropriated by Congress--because of Nixon's abuses, Congress passed Impoundment Act of 1974 to limit this power--they can now override impoundment & force release of money.

3.      COMMANDER-IN-CHIEF

• -specifically mentioned in Const., although after a long debate at Constitutional Convention, framers gave to Congress (only) the power to declare war

• -Pres. can appoint & promote officers in the military, dispatch troops and ships, plan military strategy, and make all final decisions in wartime

• -Problem: how far can president go as commander-in-chief before he must go to Congress & ask for a declaration of war?  Const. is unclear

• -We have fought many undeclared wars--Vietnam, Korea, 1983 Grenada invasion, Panama invasion, and now "Operation Desert Shield" in the Middle East

• -because of Vietnam Congress passed the War Powers Act in 1973--refer to textbook  for 4 major points

• -still a great area of controversy, because of president's sole power to decide to use nuclear weapons, need for quick decision making, & U.S. role as world leader today

• -Congress can cut off $ through power of appropriations, but not always easily done

4.   CHIEF DIPLOMAT

-In Const. Pres. is given power to:

• 1.  negotiate treaties--requires 2/3 Senate approval

• 2.  appoint ambassadors--requires majority Senate approval

• 3.  receive foreign ambassadors

-Congress has power of appropriations & can cut off $ at any time

-framers intended this to be a shared role--a much more equal partnership

-new power (implied): executive agreements--agreements with foreign nations not requiring Senate approval--these are   increasingly used by Presidents, thus weakening a check by Congress--danger is that there are no guidelines as to what is a treaty &  what is an executive agreement

-President's advantages: can cite national security, need for secrecy, & he has a monopoly of information (supposedly better informed)--CIA, diplomatic corps all report to President

-since the Louisiana Purchase by Jefferson in 1803, President=s have increasingly taken the initiative in this area--Congress is left as a much weaker partner

NEWS ROLES OF THE PRESIDENT--NOT INTENDED BY FRAMERS OF THE CONSTITUTION

5.   PARTY CHIEF
Framers expected president to remain nonpolitical & above politics

Today this role is vital if a president is to get his legislative agenda through Congress--he must have the political skills of bargaining,  compromising, & persuasion

-President's duties:

• 1.  raise $ for party

• 2.  campaign for party's candidates

• 3.  appoint party loyalists to governmental positions

• 4.  keep party platform promises & get party's agenda through Congress.

If President is too effective in this role, he is accused of putting his party before national interests--being "too political"

6.   NATIONAL LEADER

• -expected to maintain economic prosperity

• -expected to formulate national budget & send to Congress for approval

• -expected to educate & mold public & provide leadership & a sense of direction

• -expected to be a "Moral Leader"-get country to do what is right--ex.: JFK & LBJ pushing for civil rights & and end to discrimination of blacks in the 1960's

• -expected to be president of all the people--considering even the interests of those groups not voting for him

-our framers had expected Congress to play this role originally

7.   CHIEF LEGISLATOR

-Powers in Constitution:

• 1.  recommends legislation--now expected to send specific legislative proposals to Congress--framers didn't intend this

• 2.  message power--State of the Union message

• 3.  veto power--has regular & pocket veto, no line-item veto--only 4-5 % of vetoes overridden--much more frequently used than framers intended & now a powerful weapon and bargaining chip with Congress

-since FDR, over 50% of all bills that end up as law originated in the Executive Branch--thus, president initiates much of new legislation today--originally Congress expected to play this role  

Vice president and his duties

‚       (He is chosen by the Presidential candidate to “balance the ticket” (geographically, ideologically) help attract additional votes so the party can win the Presidency, not because the 2 are close friends or agree 100% on policy issues.)

‚       Presides over the Senate

‚       If a Tie vote occurs then he needs to cast a tie-breaking vote.

‚       Take over if the President is somehow out of office. 25^th amendment states that if a president becomes disabled, then vice president steps in until he recovers. 

‚       Should the vice president also be removed then the Speaker of the house would take the position. 25^th amendment said that when a Vice President is removed from office, the vacancy is to be filled by a nomination of the president and approval of the House and Senate.  - ex: (-- when Vice President Gerald Ford moved up to become President after Nixon’s resignation due to Watergate abuses.) (Ford appointed Nelson Rockefeller as Vice President)

Impeachment Procedure                             

$        Begins in the House of Representatives. They see the evidence and decide if there is enough evidence to indict him, or formally charge the president. B Takes a majority vote to impeach B charge him with impeach able offenses.

$        If he is impeached he is being charged with punishable offenses, but he is NOT removed from office.

$        The Senate holds a trial. They hear evidence & judge guilt or innocence. It takes a 2/3-majority vote, to convict the President & remove him from office.  (Andrew Johnson came within one vote of being removed in 1867.  The vote in President Clinton’s impeachment trial was 53 to 47.

$        Grounds for impeachment (according to the Constitution): treason, bribery and “high crimes and misdemeanors” - this is a vague concept and can really men whatever the House and Senate want it to mean.

UNIT 8

CONGRESS

The Makeup of Congress

Profile

1.          Political party Identification - Majority of House & Senate are Republican

2.          Age -                                        Senate Late 50’s             House early 50’s

3.          Gender -                                  Male - overwhelmingly - almost 90%

4.          Religion                                   Protestant

5.          Race/Ethnicity -                      Anglo/White - 90% +

6.          Profession                              Lawyers - 50% & Business

7.           Origin -                                   Small Town America

Conclusions – These groups have a built-in Advantage and if you are on the opposite side of an issue from them, the odds are stacked against you.

HOUSE SENATE DIFFERENCES

 Gerrymandering - Deliberate unfair drawing of district lines

1.      Political/Partisan - by party majority-party in State legislature gerrymanders areas where opposition party is strong.  

2.      Racial - White majority- gerrymandered minority areas outlawed by Voting Rights Act of 1965. States who have a long history of this, must send redistricting plans off to Civil Rights Office in Washington in Justice Department (This includes Texas.) where they are checked to make sure there is no racial gerrymandering. 

3.      Unequal Population – States would allow the population of districts to vary widely.  The faster growing areas--urban and suburban areas, were under-represented.  The slower growing areas—rural areas, were over-represented. Example: Michigan had one urban district of 900,000 and a second rural of 150,000.  In 1964 The United States Supreme Court handed down the One person-one vote rule.  All districts must be as equal in population as possible. 

Congressional Leadership

HOUSE LEADERSHIP

(Majority Party) (Republicans)

Speaker - Presiding officer of the House of Representatives.  Most powerful person in the House of Representatives.  Dennis Hastert. – All 435 House members elect the Speaker.  Both parties nominate a candidate but the majority party always elects their candidate.  

Powers of the Speaker:

$       Presides over the house

$       Regulates flow of legislation (announces order of business) – when bills come to House floor for debate

$       Schedules votes on the floor

$       Recognizes members on the floor

$       Refers bills to committees

$       Leads the strategy for the majority party & is a spokesman for majority party.

$       Appoints members of special or select committees (conducting special investigations) and conference committee

$       Conference committee- when two bills on the same issue pass the House & Senate on different forms -- they are sent to a conference committee & then a compromise bill is written & then sent back to House & Senate floor for their approval.  

Majority Leader:

$       Chosen in party caucus- Dick Armey - (Republican)

$       Assistant Speaker - helps Speaker in his duties

$       Spokesman for party in absence of the Speaker

$       Usually the future speaker

Minority leader (Democratic) – Nancy Pelosi

$       Spokesperson for his party

$       Plans strategy for his party

Majority and Minority Whips

$       Their job is to be a party lobbyist & round up votes on key bills for their party

$       To provide information on upcoming bills - through a weekly “whip packet” -- That has a copy and analyzes of each bill to come up on the floor that week. If the party has taken a stand on the bill, that is explained, with reasons for voting that way.

SENATE LEADERSHIP

Vice President

$       Presides over Senate

$       casts a tie-breaking vote when necessary (it happens rarely – maybe once a year)

President Pro Tem

‚       Given to the most senior senator of the majority party - an honorary position

$       Presides in Vice President’s absence -- no real power

Majority and Minority Leaders

$       Spokesman for their respective parties

$       Strategy planner for their respective parties

$       Plan when bills and votes will hit the floor –Bill Frist (R), Tam Daschle (D) chosen by party caucus
    

Majority and Minority Whips

$       Provide weekly whip packet - information - copy & analysis of all bills coming to floor that weak; explains party position on why & how they’d like you to vote.

$       (Whip them into line) - party lobbyist - roundup votes for their parties on crucial bills.

All congressional leaders are typically chosen after the November elections—late December of even-numbered years or in January of odd-numbered years. 

The Committee System:
sub-dividing the House and Senate into smaller working units.  
Why?: Congress quickly realized they were growing too large to sit as one group.  As Congress grew in size and as committees grew, Congress further subdivided in to smaller subdivisions of the committees – called sub-committees.

PATH A BILL MUST FOLLOW TO BECOME LAW:

Step 1:   Submitted to the appropriate committee.

Step 2:   Referred then to the appropriate subcommittee, the most important step for three            reasons:

• 1.   90% of all bills die in the sub-committee.

• 2.   This is where your bill gets its most in-depth analysis and where the markup session occurs. – research, analyzes, going through line section by section, line by line, word by word

• 3.   These are the members who have the most expertise on the topic. 

- 3 Things can happen to your bill:

• I.    10% survive by a majority vote.

• II.   90% Voted down by a majority vote. Or 

• III. Or killed by pigeonholing it. = setting a bill aside & allowing it to die by taking no action.

Step 3:   Bill is then referred back to full committee for review of the work of the subcommittee. Of those bills that survive the sub-committee, 4 things can happen:

• I.    2/3 of 10%--6% will survive the process & be approved by the committee

• II.   Voted down

• III.   Pigeonholed

• IV.   Refer it back to sub-committee. = bad news = means: kill it

Step 4:    House Rules committee B Gatekeeper to the floor of the House.  Bill will not reach the floor of the House unless it receives two rules from the House Rules Committee.  Must receive a debate rule, specifying how long bill will be debated on the floor.  Also must receive an amendment rule.  Specifies how many amendments can be allowed on floor.  If bill is liked then it is given favorable rules; (short debate time & few amends) or if disliked given unfavorable rules. (long debate time & unlimited amends) If bill is really hated, Rules Committee can refuse to give your bill rules. - it then dies in the Rules committee.  In Senate bills go from committee directly to the floor.

Step 5:    Then to the House & Senate floor.  5%-6% arrive here’ sponsors and supporters will present and argue for it. And opponents argue against it.

-3 Things can happen to your bill on the floor:

• 1.      Passed by majority vote and can add amendments

• 2.      Defeated by majority vote and add amendments

• 3.      Refer back to committee. Not a good sign. B don't vote it gout again--pigeonhole it--kill it

 In the Senate a numerical minority can talk a bill to death--a filibuster. Moving for a vote of cloture by 60 senators-- a 3/5^th majority --to end the filibuster. 

Step 6:    Conference Committee
Composed of House & Senate members – They must write and approve a compromise version if House & Senate pass different versions of same bill.

Step 7:    Then the House and Senate floor  
The compromise version of The Bill must be approved by simple majority vote-3-4% survive

Step 8:    Presidents Desk:

•     Sign it

•     Allow to become law without his signature

•     Veto it

•     Use a pocket veto--if Congress in adjournment

Step 9: Goes back for override vote – takes a 2/3 majority of both House & Senate; 4% only of votes are overridden
Pocket veto - only if Congress adjourns before the end of the 10 day period.  This pocket veto cannot be overridden - it's absolute.

Less than 3% of all bills ever survive the process and become law.

Pros of Committee System:

1. Filtering out process of bad bills and allows for a detailed scrutiny and in depth analysis.

2. Allows members to develop in areas – Their committees & Subcommittees better knowledge or expertise

3. Makes Congress more productive. More work gets done because more bills (100+) can be worked on simultaneously.  

Cons of committee system:

1. Lack of leadership

2. Logrolling - vote trading - (you vote our bill out of your committee, we’ll vote your bill out of ours)

3. Lack of coordination - Don't tell one committee how to run the other.

4. Lack of oversight - Congress doesn’t go back as they should to see if bills from their committee are being properly implemented & are working, wouldn’t want to advertise their mistakes

5. Increased influence of interest groups and lobbyists - with smaller working units you give more control to interest groups

6. Veto politics or minority tyranny - allows a numerical minority to block the majority will - ex: the filibuster, Rules Committee,

7. Slows down congress and entire legislative process.

8. Opponents have advantage over supporters. - Supporters must win each & every vote.  If opponents win one vote, bill is dead and must start over again

Intended Role of Congress--according to the framers of the Constitution

$       Intended to be the dominant branch – Why?

1. Fear of executive Tyranny.

2. Safer to give Congress Power (A Collective Group )– no one person has it all.

3. Congress was viewed as the more democratic and representative branch. It was elected by the voters. Each part of the country had a representative with unique concerns and viewpoints and members of Congress went back & lived in their districts part of the year.   – in touch with vote

Different Situation Today - Reasons for the rise of the presidency:

Rise of President-Why?

1.     Congress failed to live up to expectations

2.     Congress too slow in our faster paced world (faster, communication)

3.     Congress too divided - unable to reach consensus – due to larger size

4.     Congress is too gutless - unwilling to make decisions.

5.     Media attention - quantity & quality - president receives more balanced coverage & more coverage

6.     Public Ignorance of Congress - Most Americans don’t know who are 2 United States Senators or 1 United States Representatives are

7.    U.S. being a superpower -defense- foreign affairs - need a strong president to act decisively when necessary.

8.     Need for Secrecy - Congress can’t; keep a secret – impossible in defense & intelligence matters

9.    Crises U.S. has Faced Examples: (Civil War, Depression)

10.    Easier to Focus on one person than a collective group

External Reforms of Congress

1.   War Powers Act

2.    Impoundment Act

3.    Case Act

4.    National Emergency Powers Act

Internal Congressional Reforms

1. Increased staff - 20,800 staff members – Congress now more informed.

2. Stronger ethics code – limiting net side income & requiring financial disclosure

3. Sunshine law open meetings - allows the public to sit in on the meetings and announced in  advance with an agenda. Meeting must be open to the public. 

4. All floor and most committee and subcommittee votes must be recorded. 

5. Weakened the seniority rule.  used to select committee chairs. Used to be the member of the majority party who had the seniority was automatically the chair. Couldn’t get rid or vote them out.  Now all committee chairs must be voted on by secret ballot in the majority party caucus. -- & if doing a poor job as chair, they are voted out & replaced

6. Weakened cloture requirement from 67 to 60 senators to end a filibuster.

7. Strengthened the speaker of the House by letting him appoint the majority of the rules Committee.

Congress's Checks on the President :

Constitutional Checks:

1. Cut off money/appropriations

2. O verride his veto-4% of the time this happens. 

3.  Refuse to declare war.

4.  Senate can refuse to ratify treaties.

5.  Senate can refuse to approve a presidential appointment. 

6.  Impeachment

7.  Refusing to pass his Proposals

Statutory Checks:

1. War Powers Act-limits president's war powers

2. Impoundment Act-limits president's power of impoundment 

3. Case Act- written treaty executive agreements must be written & copies sent to Congress

4. National Emergency Powers Act limits emergency powers granted to President to 6 month.

UNIT 9

THE JUDICIARY

Judicial review and its significance to our democracy

Judicial Review - the power of the courts to determine the constitutionality of laws and government actions.

·        Without this power nothing could prevent the state or national government from passing unconstitutional laws and infringing on our rights. The implied power is not specifically mentioned in the constitution. - it was established by John Marshall, our 3^rd chief justice in Marbury v. Madison in 1803

·        Must “have standing” to file such a lawsuit:

§         Must have sustained an injury or are in immediate danger of an injury

·        loss of money

·        loss of property

·        loss of freedom or rights

§         Injuries or harm must be substantial.

·        If you do not “have standing” case is thrown out.

The passive nature of the judiciary and the implications

Even though the courts may hear of something illegal or unconstitutional that is going, on they are powerless to intervene until someone with standing comes forward and files a lawsuit.  Result: If no lawsuit is filed, the illegal or unconstitutional action/law continues indefinitely—perhaps for years.  This is one of the weaknesses of our court system.

The structure and operation of the federal Court system and how a case works its way up the system to the U. S. Supreme court.

6-7,000 cases appealed annually—accepts less than 200

 ¦

 ¦

50,000 cases appealed annually—accept less than 1/2

 ¦

 ¦

      250,000+ cases each year

                                                                            10 million+ cases

·        State Courts handle many more cases and have their own systems. -- 10 million + cases per year.

·        The federal Court system has 3 major levels starting on the bottom, they are:

1.      District Courts

2.      Courts of appeals

3.      United States Supreme Court

District Court

·        The vast majority of cases begin in district courts. Our nation has ninety-five districts.

·        They handle 200,000 + cases a year.

·         They are courts of original jurisdiction: courts where the case starts & which have the authority to hear the case first. The district court is presided over by a single judge. Jury trials occur at this level.  This is primary federal court of original jurisdiction. (That means most federal cases begin in the district courts.)

Court of Appeals

·        The United States has twelve circuits with a Court of Appeals in each circuit.

·        If you lose in the district court, you appeal to the courts of appeals..  Your case is only reviewed and no new trial occurs.

·         A panel of three judges decides whether the district court decided correctly (they uphold or affirm the decision) or if the district court ruled incorrectly (they then reverse or overturn the decision). These courts hear about twenty thousand appeals a year.

·        They only have appellate jurisdiction.  -- the power to hear & decide cases on appeal from a lower court. A case never begins in the Courts of Appeals

U.S. Supreme Court

·        The Supreme Court has nine justices. (Size of Supreme Court is set by Congress -- it has been as small as 5 and as large as 10.  Its been 9 since1869.) 

·        This is your last shot of appeal, the highest court of the land.  It has both Appellate and Original Jurisdiction.

·        Some come from appeals and others originate there. (Ex foreign diplomats or problems between the states.)

·         It receives 6-7,000 requests to review cases annually in the form of petitions. They accept only 2-3 % of these. Will only hear around 100 to 150 cases.

·         They decide what to accept by following the rule of four. Four of the nine justices must vote for hearing the case. (Four yes votes.)

·         Then they issue a Writ of certiorari- a court order from the Supreme Court ordering the lower court to send up the records of the case so that they can review it.

·        Criteria for your case to be accepted on appeal (What the S. Court looks for):

o       A Constitutional issue.

o       Conflicting Lower court opinions.

o       Supreme Court disagrees with the lower courts decision

·        Can reject the case because it’s a policy issue. (That is an issue best left to the other two branches -- executive & legislature -- for settlement.)   

  ·        When the Supreme Court accepts your case:

1.   Justices will research your case with their law clerks. Most important rule they follow: Stare decisions - —“let the (previous) decision stand” --base today’s decision on the previous decisions when reviewing cases. -- follow precedent

2.   Oral Arguments - your lawyer actually appears before the Supreme Court. Each case only receives an hour. Each lawyer (from opposing sides) gets 1/2 hour.

3.    Conference - meeting of the nine justices only with no outsiders allowed. - In conference, they:

b.      Review petitions for new cases coming in they might want to hear in the future.

c.      Discussion Vote: discuss the previously heard cases from the week-Chief justice has opening words discussion proceeds and then in order of seniority of the justices.

d.      Then there is a vote in reverse order, with newest justice being first and chief justice voting ease. 

e.      Opinions: assignment and writing of opinions. Tell why they ruled the way they did and explain how they decided that.

Three Possible Opinions:

·                    Majority Opinion - written by the winning side. This opinion explains to the nation how & why the U.S. Supreme Court ruled on the case.  This opinion sets guidelines our rules that the lower courts must then follow. 

·                    Minority/Dissenting Opinion - written by the losing side and it explains how they feel the case should have been decided.  They criticize the majority opinion and explain how they believe the case should have been decided.  They are hoping that in the future the dissenting opinion will become the majority opinion. As in Plessy vs. Ferguson - minority opinion became the majority opinion in  Brown vs. Board of Education.

·                    Concurring opinion -The justices who voted in the winning side but have different reasons for doing so thus they write a separate opinion explaining those different reasons -- the concurring opinion. There could be in theory several concurring opinions. 

4. Implementation -.

(Explain what factors influence the implementation of that Supreme Court decision. )

·        The United States Supreme Court has no power to enforce their own decision.  They rely on five other groups:

1.   remand to the lower courts - for district judge to follow guidelines & carry out the decision

2.   President, as chief executive, can order action. - issue executive orders, make national comments urging compliance, send in federal troops to enforce & (a last resort)

3.   Congress - Can establish criminal penalties for any violation of the new decision or can offer or deny appropriations for those in a position to violate or follow it. - The “carrot and the stick” approach                                                           

4.   Bureaucracy can cut off federal funds. - This was effective in getting public schools to integrate - example: E.C.I.S.D.

5.   Public - to a great extent the Supreme Court relies on voluntary public compliance. We are taught to obey the law. And the United States Constitution is the supreme law of the land. 

Federal Judge Selection Process

·                Supreme Court Justices all lower court federal judges are appointed by the President

·                must be approved by Senate.  -- by a majority vote

·                20% of the nominations to the Supreme Court have failed. 

·                Appointment is for life

·                WHY?

o        to place them above popular influence and not be influenced by politics and public opinion

·                WHY appointed & not elected?—So that they will not be tempted to hand down politically popular decisions, but decisions that are legally and constitutionally correct.

Criteria for appointment to a federal judgeship:

1.   Party Loyalty - someone who shares your philosophy. 90% of all judges appointed are of the same political party as the president.

2.   Political Philosophy (Liberal or, Conservative, or moderate) B they generally share the president’s philosophy

3.   Judicial Philosophy (Two theories of the role of the courts)

A.            Judicial Activism

·        1.            Interpret constitution broadly and flexibly

·        2.            which cases to accept - Accept any cases with issues were ignored by the other two branches.

·        3.            Interpretation - occasionally you must reinterpret to adapt the constitution to changing times and society.

·        4.            Use their power to further social and economic justice.

B.            Judicial Restraint

·        1.            Interpret constitution literally and narrowly (strict)

·        2.            which cases to accept: avoid policy questions, and leave those issues to the other two branches. (Example: abortion)

·        3.            Interpretation - follow precedent and Stare Decisus and try to figure out the framer=s intent.

·        4.            Keep your personal biases out of opinions and follow the framer’s intent.

4.      Legal experience, skills, knowledge,

5.      other political considerations - to help gain re-election

·        Race

·        Sex

·        Religion

·        Geography

·        Age

Profile of a United States Supreme Court Justice

White

British Descent

Protestant

Upper Middle Class or Wealthy

Politically Experienced

·        Only two women have ever been appointed (Sandra D. O’Connor and Ruth Bader Ginsberg—both still on the Court)

·        Only two blacks have ever been appointed (Thurgood Marshall—in 1967 and Clarence Thomas—who is still on the Court)

Senatorial Courtesy - Is an unwritten rule followed in the Senate, which applies only when the President is appointing federal district Judges. He must get the prior approval of the United States Senator of the president’s party in the state where he is making the appointment. If the president ignores this, the United States Senator can simply say on the Senate floor: “This nominee is personally obnoxious to me” and the Senate rejects the nominee this gives Senators the power to block the appointment of someone they dislike, regardless of qualifications.

Influence of United States Supreme Court in the United States History

I Marshall Era

• _    Named after our third chief justice John Marshall from 1801 - 1835

• _    Power of Judicial Review Was Established in Marbury vs. Madison in * 1803. And set the precedent in his brilliant opinion so persuasively that he makes the judicial branch the umpire of the entire governmental system.- and perhaps the most powerful branch

• _    Marshall through his opinion, in McCullock vs. Maryland, established that the national government, specifically Congress, has implied powers. This strengthened & expanded the powers of the national government.

II. Conservative Laizze Faire (Hands off) 1885-1937

• _    Legalized Segregation - Plessy Vs. Ferguson.* " Aseparate but equal" rule

• _    Weakened Worker protection laws.

• _    Weakened Business Regulations- monopolies flourished

• _    Progressive income tax was declared unconstitutional. Progressive tax taxes you more (higher rates) for the higher income.  - wealthy weren't paying their fair share

• Together these four things created injustice, and unfair treatment of workers, consumers, small businesses blacks and society.

III. Warren Court (1953-69)

• _    Ended legal segregation (Brown vs. Board of Education)*

• _    Ended organized school prayer in public schools. (Based on the establishment clause. In 1^st Amendment)

• _    Established the right to privacy. Unmentioned right in the constitution.

• _    Established the one-person one vote rule, which ended one type of Gerrymandering, the drawing of unequal, unfair district lines.

• _    Expanded the rights of the accused

1. _    Miranda; Miranda vs. Arizona & a suspect must be read their rights before interrogations otherwise statements are inadmissable

2. _    Exclusionary rule expanded- illegally seized evidence cannot be used in court

3. _    Poor defendant must be provided with a court appointed attorney. (Gideon) case

First amendment rights protects the right to march for any group, no matter how disliked or radical, so long as they were peaceful, had the right to marc

Weakened the definition of pornography. Protected artistic freedom, but allowed more and more explicit materials to be sold.

IV Burger Court (1969-86)
Nixon appointed 4 of the nine justices. - Changes from Warren Court decisions:

•    Expanded the right of privacy to include abortion (Roe vs. Wade)

• .  Expanded civil rights to include busing, affirmative action, & sex discrimination.

•    But weakened the rights of the accused by narrowing the Miranda decision and exclusionary rule, but supported the death penalty.

•    Created local standards in deciding what is pornographic.

V Rhenquist Court 1986 - present

• _    States can place reasonable restrictions on abortion. (Webster decision)
  Parental notification, restrictions, etc.

• _    Restricted busing to integrate schools and use of affirmative action.

• _    Made job discrimination harder to prove.

• _    Narrowed Miranda and exclusionary rule. Narrowing the rights of the accused.

• _    Most unexpected decision handed down Flag burning was protected symbolic speech. A Liberal decision. Considered the first conservative majority on the Supreme Court since the 1930's - in 60 years.

•  -    Expanded right to privacy to include consensual deviant sexual behavior between consenting adults (thus ruling sodomy laws unconstitutional)

Discuss and evaluate the checks on the Supreme Court.  Who controls the courts?

Checks on the courts:

1.  President:

• _    President appoints all federal judges. 

• _    Issues Executive Orders to carry out Supreme Court decisions or not back up the Supreme Court.

• _    Public Statements 

2.  Congress:

• _    Senate has the power to approve all judicial nominees

• _    Can remove them by impeachment. One or two United States Supreme Court justices impeached by the House but not convicted by the Senate. 1-12 kicked from lower courts.

• _    Pass an amendment to the constitution. -- to overturn a Supreme Court decision

• _    Cut appropriations to Supreme Court.

• _    Congress can set the meeting times. ( currently: 9 month session first Monday in October so Congress can limit time in session

• _    Change the size of the court, and remove a seat (only when a seat is vacant). Or expand it. 

• _    Alter the appellate jurisdiction & prevent certain issues from being appealed the United States Supreme Court.

3.  Public:

• _    Case has to be brought by the public to the courts before the courts can rule on an issue the passive nature to the courts. 

• _    Lack enforcement power.  Must rely on lower courts, the President, and Congress, bureaucracy, and the public.

• _    Supreme Court relies on voluntary public compliance to their decisions. 

UNIT 10

THE BUREAUCRACY  

Bureaucracy is everything in the executive branch beneath the president and vice president.  The bureaucracy administers (implements) the laws of the nation.  It is run by executives whose duty it is to see that the laws of the nation are implemented according to the will and intent of Congress.  Ideally, these executive branch officials or bureaucrats are to administer their duties and implement the laws in a neutral manner, uninfluenced by politics.  In reality, federal bureaucrats are important players in not just implementation, but also policy making.

Four Functions of Bureaucracy           

_      Implement the law. Passed by congress. (an Executive Power)

_      Fill in the details.  Experts in their fields. (a Legislative Power)

_      Provide research and information to the president and Congress

_      Judicial Power. Conduct an investigation of a suspected violation of federal law.  Agency then holds a hearing and listen to evidence.  Then they judge innocence or guilt like in a courtroom.  If they find a party guilty then they hand out a punishment. 

How Bureaucrats Get Their Jobs

·        Until 1883 the Spoils System was used to hire the entire bureaucracy.  Presidents could hire and fire whomever they chose to regardless of job performance or expertise of the person.  The process was highly politicized.  Bureaucrats were appointed for who they knew, supporting the winning presidential candidate, and as a reward for large campaign donations.  The result was a bureaucracy with little job security, high turnover, and a lack of professionalism. 

·        Then Congress passed the Civil Service or Merit or Pendelton Act in 1883.  The purpose was to transfer the power of appointment of federal bureaucrats from politicians to a bipartisan commission that would select federal employees on merit.  Now bureaucrats are hired for what they know, based on scores earned on competitive exams.  The bottom 90% of the bureaucracy is hired this way.  This creates a professional and competent bureaucracy, with job security.  The downside is that the president has lost his clout over the bureaucracy. 

Reasons for the growth of bureaucracy:

We have almost 3 million federal bureaucrats paid for by the taxpayers.  why?:

_   We require more expertise today because society and technology is so complex

_   The growth in the size of our country and population leads to more of them.

_      Americans demand more from government. -- more services, programs, & regulations -- this leads to more bureaucrats

Structure of the Federal Bureaucracy

Four levels of Bureaucracy:

 I.    White House Office (WHO):

·         Closest Advisors to the President & White House staff

·         Established under President Hoover in 1932—with 3 people

·         Today: 400+ staffers

·         These staffers include not only clerical and secretarial workers but, most importantly, the following important advisors to the president:

§         Appointments secretary, press secretary, president’s legal counsel (lawyer), the National Security Advisor (who heads the National Security Council), the White House Chief of Staff (who heads the White House Staff), military aides, a correspondence secretary, and legislative aides to lobby Congress for the president’s legislative agenda

o        Staffers perform a variety of functions including: giving advice on policy, screening information, screening people wishing to see the president, speechwriting, etc.

o        About 10-12 key members are close advisors to the president who have daily access to him and often have served with the president during much of his political career.

II.       Executive Office of the President (EOP)

§         Established FDR in 1939 by executive order

§         Originally consisted of only 37 staffers

§         Today: 1600+ staffers

§         The president can redesign and re-staff much of the EOP at any time to suit his individual needs and working style—many of these changes do NOT need Senate approval.

§         They often serve as the president’s eyes and ears on huge social, economic, political, and military problems

§         Large group consisting of boards of experts.  Used to research problems and gather information and present to the president policy options.  The three most important are:

1.     NSC - National Security Council-

§         created in 1947 to help the president coordinate US military and foreign policy.  It researches and advises the president on defense, security,  and intelligence issues.  Members include the president, vice president, the secretaries of state and defense, and the head of the Joint Chiefs of Staff.  It is headed by the National Security Advisor.

2.     CEA - Council of Economic Advisors-

§         it advises the President on economic policy and recommend possible options and solutions to various economic problems.  It is composed of three top economists and their staff. Their job is to give impartial professional advice, not just serve as presidential mouthpieces.

3.     OMB - Office of Management and Budget--

It was established by President Nixon in 1970 out of the old Bureau of the Budget.  It was designed to tighten presidential control over the federal bureaucracy. It’s major functions include:

·        Developing the President's Budget that is sent to Congress.

·        Recommending      funding levels for every government agency. 

·        Approving of any recommendations by bureaucrats to Congress to make sure they are consistent with the presidents programs.

·        Monitoring all other agencies to make sure they are complying with presidential policies. 

III.   Fourteen Cabinet Level Departments.
Cabinet is composed of the President, Vice President and the Fifteen Department Heads.   It has grown from 3 in 1789 - State, War (now Defense) & Justice - to 15 today - due to growth of demands in national government.

·        This is 90% of the bureaucracy -- each department is headed by a Secretary of Department (except Justice, which is headed by the Attorney General)

·        Each dept is responsible for coordinating all programs within their areas.

       _       Department ofJustice Headed by Attorney General - Fighting Crime.

       _       Department of Interior - National parks and anything that has to do with American Indians and reservations.

        _       Department of Education - was once a state and local responsibility.

     _      Department of Agriculture - Used to help the American Farmer. 

    _      Department of Commerce- Promoting Business

     _      Department of Labor - Protect the American Worker.

      _      Department of Health and Human Services - Social Programs.

       _       Department of Housing and Urban Development - problems with inner cities.

    _      Department of Transportation - all transportation industry.

     _      Department of Energy – all national energy programs and policies

         _      Department of Veterans Affairs – consolidates all veterans programs into one department.

         --     Department of Homeland Security—created after the terrorist attacks of Sept. 11, 2001 to coordinate efforts to fight terrorism and protect our nation from this new threat.

     IV. Independent Agencies.  
      These are federal agencies that were not put in any of the above-mentioned departments when they were created by Congress.  There are 3 types:

·        Three sub groups:

1.            Independent Executive Agencies

o       Their heads are appointed by the president and may be dismissed by him

·                     NASA--operates the space program

·                     Selective Service System--runs the military draft

§                     Smithsonian Institute-runs all federal museums in Washington DC

2.      Independent Regulatory Agencies -

·         These agencies have quasi-executive-legislative-and judicial powers--combining executive, legislative, and judicial powers.  They regulate important parts of the economy, which makes them very powerful.

·         They were created because of the need for rule making a regulation in highly complex, technical areas involving the public interest

·         Their members, appointed by the president, cannot be removed by the president and are not there to do his bidding.  Their terms are often longer than 4 years.  This is because they are supposed to be more impartial and nonpolitical rather than serving the president’s interests           

·         Have some Judicial Powers - Investigate, hold hearings, hand down judgment, & determine  punishment

·         Some Examples Include:

§         FTC - Federal Trade Commission - regulates business

§         FCC - Federal Communications Commission- Regulates radio and television

§         SEC - Securities and Exchange Commission - Regulates stock market and unscrupulous practices in trading.            

3.            Government Corporations         

• Government Agencies that are like a business providing service for profit. Examples include:

·               Amtrak - Became unprofitable but was still necessary to our economy.

·               TVA - Tennessee valley authority - provide power and electricity in Tennessee Valley area because it is no longer profitable.

·               US Postal Service - Federal Mail. 

Recommended Reforms

·         Establishing an ombudsman: an office or official that would handle all citizen complaints, cut through the red tape, and seek a remedy.  Without an ombudsman, citizens often end up complaining to the very department and person(s) they are having the problem with and there is a bureaucratic tendency to protect one’s own interests.

·         Establishing a sunset law: this would require the periodic review of every governmental agency to determine its usefulness and decide whether it should be allowed to continue or be abolished, merged with another agency, and/or reformed to better serve the public.