Intro to American Politics Final
Original Intent
Example of Judicial Activism. The doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the frames rather than in light of contemporary conditions and needs.
What types of contributions can be made to political campaigns?
Hard money, soft money, dark money
Where do we find the guarantees of Civil Rights?
Inalienable Rights in the Constitution. Privileges and Immunities Clause, Due Process Clause, and Equal Protection Clause
Lobbyist
A person who is employed by and acts for an organized interest group or corporation to try to influence policy decisions and positions in the executive and legislative branches.
Interest Groups
A private organization or voluntary association that seeks to influence public policy as a way to protect or advance its interests. a.k.a. civil society
Vote Turnout
The proportion of eligible Americans who actually vote in a given election. A classic study of voter turnout comes from these political scientists Riker & Ordeshook. They use this economic analysis which they call the calculus of voter turnout. Vote or not Vote? = P * B - C + D P = probability that your 1 vote is decisive in the election outcome B = Policy benefits of voting (how much does it matter to you?) Will this influence your life directly? Candidates always try to make this appeal. (campaigning on healthcare in 2008) C = costs of voting: information/knowledge, time If you work two jobs and there's only one day to go vote, do you go vote? If you're committed and feel this sense of civic duty (D), then you'll make time. If you're not and are more in the center, you might not care that much. (And you have work + other concerns) (Students registering to vote: is it appropriate to partner with TurboVote? But colleges have to make a good faith effort to make sure students in state are registered to vote.) (There are various initiatives that register people to vote) (A barrier: Election Day being on a Tuesday.) (The Secretary of State within the state oversees how to vote. Some states have pushed for weekend voting) (The P: what is it that influences your determination to go vote? You might be low here but you might be positive in all the other places.) D = duty, civic duty, expressive benefits (selfies!)
The Federal Bureaucracy
The totality of the departments and agencies of the executive branch of the national governments
What is Collective Action/mass mobilization?
the process of involving large numbers of people in a social movement - Sit-ins - Civil Disobedience
Reapportionment
the reallocation of House seats among the states, done after each national census to ensure that seats are held by the states in proportion to the size of their population we have a census every decade, and every census we decide how many districts should be in each state. If a state gains an extra seat, it has to come from another state where the population is declining.
Redistricting
the redrawing of congressional district lines within a state to ensure roughly equal population within each district. Redistricting process typically overseen by State Legislature
Suffrage
the right to vote. The Constitution left this decision to the states, but we've had constitutional amendments. White male suffrage (universal suffrage?) was enacted by the states, and you didn't have to own any property in particular. 15th Amendment (1870), but Jim Crow laws create barriers to voting 19th Amendment (1920): women's suffrage. 26th Amendment (1971): young people aged 18-20. Why do you think this matters? 18 year olds can go to war, but they can't vote and have a say in this
unified government
the same party controls the White House and both houses of Congress
de jure discrimination
unequal treatment based on government laws and regulations.
De facto discrimination
unequal treatment of racial or ethnic minority groups based on practices rather than on statutes and regulations mandating discrimination
What was the longest filibuster in US history?
Civil rights and immigration reform: parallels. Progress towards enacting significant reform is slow. Longest filibuster in US history (1957) Senate Whips strike deals with individual members to secure their vote on cloture and the bill (to move it forward) You don't want someone to lose their seat because they voted a certain way on a bill. A whip ensures that party members will vote the desired way. If that can't be assured, the whip can also make deals with important members. Could the Democrats alone have ended the filibuster? They held the House and Senate. Could they have done it on their own? No; they needed the Republicans to come forward and support the cloture vote, as well as supporting the vote later. We need people from both parties to come on board and support it.
What are district courts?
94 Courts Courts of original jurisdiction, typically where cases are first heard Federal courts have jurisdiction over cases involving: The United States Government The Constitution or federal laws Controversies between states or between the U.S. government and foreign governments. lowest level of the federal court system. Within the state, there's going to be a separate court system as well. We typically consider this the court of original jurisdiction. We began this semester looking at the Obama administration seeking legal action against the state of North Carolina. You must start in the district court for a case like that. You'll spend a lot of time thinking about jurisdictions: which court does this case belong to? What are some cases that wind up here? Cases involving the United States government Involving the Constitution or federal laws District judges: appointed for life terms by President. We don't think about these judges as much because there are so many of them. We talked about the patronage system/the spoils of victory in terms of the executive branch, but there's another layer of these appointments that we might see
How was the climate for change established for Brown v Board of Education?
After WWII segregation based on race is less palatable Interest groups (NAACP, SCLC, others) & Social Movements (precursor to the Children of Birmingham) have desegregation, ending violence, voting, increased representation as goals Difficult for members of Congress to vote (they could be punished by constituents - retrospective voter model) Interest group/Social Movement Strategy: Thurgood Marshall (chief counsel for NAACP) sought an ideal test case to challenge Plessy ruling Brought a class-action law suit - a suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. SCOTUS rules unanimously that separate is inherently not equal; reversing or overturning the Plessy decision. SCOTUS calls for desegregation with 'all deliberate speed'
How did redistricting ensure that Congressional districts must hold approximately equal numbers of citizens?
Baker v. Carr 1962 - establishes the power of the court to weigh in on questions of redistricting Wesberry v. Sanders 1964 - examined rural districts in Georgia, found they need to be rel. equal in size Voting Rights Act, Section 2: Electoral District lines cannot be drawn to improperly dilute minorities' voting power. Baker v. Carr (1962) establishes the power of the court to weigh in on questions of redistricting. If questions arise about how districts were drawn, the court has the power to adjudicate these discussions. Westbury v. Sanders (1964) establishes that these districts need to be relatively equal in population size. Nevada: one district for Las Vegas, one district for Henderson, and two giant districts for the rest of the state. You shouldn't have a situation where there would be way more than 735,000 people. (Brian Kemp. People normally don't pay much attention to statewide elections, but they are super important this time. State senators will be there for redistricting.) Voting Rights Act, Section 2: prohibits redistricting in manners that dilute minority voting power.
What happened despite SCOTUS ruling on Brown v Board?
Despite the ruling, Southern states resist this call Presidents Eisenhower & Kennedy send federal forces in to desegregate. Congress eventually moves in 1964 & 1965 with the Civil Rights Act and Voting Rights Acts Is the Brown decision a legal 'victory'? Does the court's ruling desegregate the South? OR Might the ruling be a political resource or tool?
What does Fox and Lawless say about the underrepresentation of women?
"Traditional gender socialization" ¡ Despite comparable credentials, professional backgrounds and political experiences, their research finds highly accomplished women (from both parties) are less likely than similarly situated men to see themselves as qualified for elected office. ¡ Self Efficacy: Find that women and men use the same criteria to evaluate themselves as candidates, but that women less likely than men to believe they meet such criteria. ¡ Gender differences in the views of competition ¡ Perceptions of gender bias in public life can color perceptions of the political climate ¡ Confidence they exhibit regarding credentials ¡ Research: Survey of men and women in professions of law, business, education and activism. Compared to men and especially men with property, the fact that women haven't had the right to vote for 100 years is really significant and indicative of how they've been manipulated to have this position in the political system. We're in this transition stage right now. Women couldn't vote until 1920
Constrained Court View
'litigants asking courts for significant social reform are faced with powerful constraints' Legal constraints - how a legal argument or question is crafted (jurisdiction, precedent, etc.) Justices wary of stepping too far out of political mainstream (may be changing) Implementation - Alexander Hamilton: The 'least dangerous branch' of government because it lacks the power of 'sword or purse'. (According to Rosenberg):view of the Court as unable to produce significant social reform Court's limitations: 1)limited nature of Constitutional rights 2)lack of judicial independence (passive branch/"has to catch up with other branches") 3)lack of implementation powers Ex)Brown v. Board of Education
What is the debate between trustee and delegate models?
(One of the difficulties that underlies it is that even though you decide to go with the delegate model, the hard thing about that is figuring out what the majority of your citizens actually want. Your opinions of what issues are most important to people can be greatly affected by lobbyists. Research shows that legislative aides overestimate how conservative people are on certain issues. Even if you decide to act in perfect accord with your constituents, how do you find out exactly what they want?) (It's kind of a tough thing to do: what if you're Doug Jones, more liberal than what the population represents. If you're following the delegate model, you'd be going against your personal opinion a lot of the time, but if you were elected, then maybe the state has faith in you and gives you the authority to do what you want. I don't really know what the answer, but I think it's a tricky situation because there's something to be said about the state voting for you.) (There's nuance: you said you supported immigration reform, but there are some amendments in this bill that you didn't like. Are you going to poll your citizens about those amendments, then? Maybe?) (It's an age old debate that continues to permeate theoretical thoughts.)
Jurisdiction of Federal Courts
*Cases involving federal law *Cases involving treaties U.S. has ratified *Cases involving interpretation of the U.S. Constitution
What is the inside game when it comes to interest groups?
- Lobbying (need to know what each branch of government can do before lobbying) • Specific Legislation (committee hearings, bring action to the floor) • Regulation • Earmarks (appropriate $$ for projects, typically attached to other legislation) • Amicus Curiae briefs (friend of the court) briefs.
Seven signs of popular sovereignty:
1. Government leaders are selected in competitive elections 2. Elections are free and fair 3. People participate in the political process 4. High-quality information is available 5. The Majority Rules 6. Government policies reflect the wishes of the people 7. Government policies are effective
How did SB 1070 (state law in Arizona) get to Arizona v. United States at the Supreme Court??
1. SB 1070 passed by Arizona State Legislature and signed by Gov. Jan Brewer (April 2010) 2. United States Government (Department of Justice) seeking to stop the bill brings a suit to federal district court. The district court "enjoins" (stops) four provisions of the bill. 3. State of Arizona appeals the federal district court decision to the U.S. Court of Appeals for the Ninth Circuit. Appellate court upholds the district court decision. 4. State of Arizona appeals the Circuit Court ruling to the Supreme Court and SCOTUS grants "writ of certiorari" It's helpful in thinking about judicial precedent, the idea of jurisdiction SB 1070 passed by Arizona state legislature and signed by Gov. Jan Brewer United States Government (the Department of Justice), seeking to stop the bill, brings a suit to federal district court. The district court "enjoins" (stops) four provisions of the bill. The state is not allowed to implement the bill. The State of Arizona appeals the federal district court decision to the US Court of Appeals for the ninth circuit. State of Arizona appeals the Circuit Court ruling to the Supreme Court and SCOTUS grants "writ of certiorari"
Citizens United v. FEC
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow) Citizens United is an organization found in the 1990s by one of the authors of the two articles that we had to read. It condemned the money that went into federal elections. It had a case in the Supreme Court which is considered to be one of the most controversial cases; they ruled in favor of Citizens United. It allowed political organizations to promote and advertise in the media about elections, which is considered to be free speech. The author argues that more speech is better, so we want all of this speech; it doesn't matter if it advertises a specific candidate. Citizens United tries to run a documentary: the Clinton campaign says, you can't do that! This is electioneering. The FEC says "yeah, we need to stop this." So this goes to the Supreme Court. The organization argues that the FECs rules limiting the constitutional right of free speech, specifically for various organizations. The Supreme Court agrees: corporations should be viewed with the same kinds of rights as people (including free speech) ¡ McCain-Feingold limits corporations and unions from using their funds for electioneering communications ¡ Citizens United argues that this rule limits the constitutional right of free speech ¡ SCOTUS (5-4 decision) agrees, finding corporations to be people too! And corporate funding of independent political broadcasts cannot be limited
seniority in congress
A custom that both Congressional chambers follow that gives preference to members with the longest terms of continuous service when selecting committee chairpersons and holders of other significant posts.
Bicameral
A legislature consisting of two parts, or houses. consistingoftwohousesorchambers; Developed as a way to place constraints on centralized power (18th Century Republicanism)
What is a social movement?
A loosely organized group that uses unconventional and often disruptive tactics to have their grievances heard by the public, the news media and government leaders. Typically they're seeking a change in the status quo, because daily life for that group might be difficult or unsafe in some way. Examples: The civil rights movement The women's rights movements The pro-life movement The Tea Party
What kinds of voting tendencies existed pre Civil Rights movement but most 15th amendment?
Although 15th Amendment extended the franchise to men regardless of race, significant barriers to voting were established, particularly in southern states. ¡ Jim Crow South - "separate but equal", Plessy v. Ferguson (1896) ¡ Poll taxes ¡ Literacy Tests ¡ Grandfather Clauses
Thurgood Marshall
American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor. Served as lead attorney for plaintiff on Brown v Board of Education. NAACP
single-member district
An electoral district in which voters choose one representative or official.
Speaker of the House
An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.
Committee Structure
Based upon areas of policy
How does a bill become a law?
Bills are introduced on either side: it will start in its own house. It has a set of its own committees that it may or may not go to. There are negotiations that go on at the committee level: certain things that some members don't want to agree with. We are talking about a very different bill from the House bill because this was a bill for comprehensive immigration reform.You start with this big dream bill that you want and it slowly whittles away. (Are there parliamentary procedures that allow you to get around committee vote? There are, but it requires a significant amount of support from the House. The committee continues to mark it up, make these changes, etc., and it is brought to a vote. In some cases, the bill has to first pass a subcommittee, and then pass committee. Who has the power to bring the bill to the floor, though? The Senate Majority Leader. Whoever holds the power in the Senate has the power of setting the agenda: to actually have the bill be debated Reading: it was on the floor for at least three weeks in 2006 and 2007, in which senators from both parties will make amendments. They'll write it up. They'll bring it to the floor. There will be a vote on the amendment. If it's passed, the amendment is added to the bill.
Prospective Voting Model
Book Definition: A theory of democratic elections in which voters decide what government will do in the near future by choosing one or the other respective parties. This emerged in the early 1960s, and the other two theories we see are in response to it. Parties stake out different positions on important policy options Voters vote for candidates based upon these positions (based on their expectations of how elected official will act in the future) Voters know what to expect from elected officials based on the positions they stated. Stems from 'The American Voter' & agents of socialization literature Example: 2008: Obama and Democrats run on pulling troops out of Iraq and pushing for Health Care legislation. Voters expected them to act on these policy positions and they did.
Super PAC
Can raise and spend unlimited amounts for political purposes. Must disclose donors. Can not give or coordinate with a candidate or campaign
What are the foundations of judicial power?
Constitution - says little Jefferson & Madison: power stays with President & Congress Hamilton,FederalistPapers#78:separationofpowers should give power to review to courts
What are some characteristics of social movements?
Direct Action Organizing and Collective Action/Mass Mobilization
What is Direct Action Organizing?
Directio action organizing is the idea that you're going to do a power analysis to see how you're going to make your voice heard. What sources of power can enact change? identifying and targeting the sources of power that can enact change
President's Relations with Congress vs. Relations with the People
Designed by the framers to be at odds (tug-of- war) • Divided Government / Unified Government • https://ballotpedia.org/ United_States_Congress_elections,_2016 • Public Opinion: Approval Ratings
What are the reasons that we continue to have this kind of underrepresentation of women?
Discrimination of voters and "electoral gatekeepers." (Diamond 1977) Situational Factors - women weren't largely working in business and law fields and thus didn't have traditional qualifications. (especially in 1970s) Structural Barriers - Incumbency Advantage constrain opportunities (Studlar and Welch 1990). Traditional gender roles (Fowlkes et al 1979) Fox & Lawless: Many of these older theories have now been debunked; instead ?
Voting in the US, who votes?
Education: 63% of people with post-grad degrees vote. 21% of people with some high school vote. Voting correlates with income Race: there is parity between black and white voter turnout. However, we see specific lags for Asian Americans and Latinos. Age: the criticism for young people is that they don't vote (on average). People love to talk about this. If you're thinking about someone who's retired, they have a lot of time on their hands. It makes sense that we see more older folks actually going out to vote. Gender: relative parity between men and women in general.
Nature of American Elections
Elections are Essential to Democracy. We might recall these things from the first half of the semester (the seven signs of popular sovereignty) that connect very much with elections Numerous & Frequent: They are numerous and frequent. As we've studied, they're layered in multiple different ways (elections for Congress, governor, state legislatures, city councils, mayors, school boards......) Fixed Terms of Office, Fixed Date: we have a very clear sense of how long an elected official will serve First-past-the-post: the single-member district system. First past the post refers to plurality voting where each voter is allowed to vote for only one candidate, and the candidate who polls the most among their counterparts is elected. Inconsistent procedures and vote counting methods across states, districts.: One area where we see a lot of divergence between the states is how these elections are actually carried out, how voting procedures are carried out, who gets to vote, how people register, the kinds of barriers people might face when going out to vote. - Identification: California has rules about not asking for identification. - A project: monitoring to see if people are asked for ID in certain California communities. Yes, people were being asked for ID, inadvertently. In that act of asking for ID, some people would walk away. There are definitely differences across states. How that plays out can either suppress or encourage voters to vote.
How to conceptualize voting, elections, campaigns?
Elections: A democratic institution. Elections are a democratic institution. In the United States, although that's changing since 2016, we take it for granted that they will occur regularly. The investigation into Russian meddling brings that into a head (?), at times, but still. Voting: a behavior of citizens. What do they do and don't do? What are the reasons they might stay home? We'll talk about what pushes voter mobilization Campaigns (election): a function/ behavior of political parties, interested organizations
Children of Birmingham
Fifty years ago this month, Charles Avery left his high school in Jefferson County, Alabama, to lead about 800 of his fellow students on a 10-mile walk to Birmingham City. They were stopped by the sheriff's department, arrested, and jailed. "I was put in the paddy wagon with Dick Gregory and his writer," says Avery, who was 18 at the time and president of his senior class. "I would never forget that day." It was the Rev. James Bevel, a leader of the Southern Christian Leadership Conference and adviser to King, who came up with the idea of a protest group made up of children. In May 1963 they launched the Children's Crusade and began a march on Birmingham. By the time Avery made it to the city May 7, more than 3,000 black young people were marching on the city. It was King's words that inspired 16-year-old Raymond Goolsby to participate in the march. "Rev. Martin Luther King stood right beside me," remembers Goolsby, 66. "He said, 'I think it's a mighty fine thing for children, what you're doing because when you march, you're really standing up; because a man can't ride your back unless it is bent.' And, boy, I mean he talked so eloquent and fast, after he finished his motivational speech, I was ready." On May 2, 1963, Goolsby joined thousands of students who left their classrooms and gathered at the 16th Street Baptist Church in Birmingham. It was there where they spilled out in groups of 50 to march downtown. "My group was the first of 50 to march," says Goolsby. "Our job was to decoy the police. We got arrested about a block and a half from 16th Street." The next day, the police, led by infamous commissioner of public safety Bull Connor, brought out fire hoses and attack dogs and turned them on the children. It was a scene that caused headlines across the nation and around the world. "Pictures of the bravery and determination of the Birmingham children as they faced the brutal fire hoses and vicious police dogs were splashed on the front pages of newspapers all across America and helped turn the tide of public opinion in support of the civil-rights movement's fight for justice," says Marian Wright Edelman, founder and president of the Children's Defense Fund.
Treaties
Foreign Policy Leader • Signing of treaties - a formal international agreement between two or more countries; in the US requires the "advice and consent" of the Senate.
Patronage
Granting favors or giving contracts or making appointments to office in return for political support
What is the outside game when it comes to interest groups?
Grassroots lobbying: • MobilizingMembership • ShapePublicOpinion • Get involved in Campaigns and Elections Grassroots lobbying is the effort by interest groups to mobilize local constituencies, shape public opinion to support the group's goals, and bring that pressure to bear on elected officials.
How do we define Civil Rights?
Guarantees of equal treatment by government official regarding political rights, the judicial system and public programs.
What is the Supreme Court?
Highest court in the federal system, 9 justices, appeals jurisdiction through certiorari process, limited original jurisdiction over some cases. 9 justices, 1 Chief Justice (John Roberts) Appointed by a President and confirmed by Senate for a life term They have the final say about the law of the land. What they decide becomes policy. There's a really important role that law clerks can have. There are clerks at all of the levels as well: you can work as a clerk at a federal district court or a circuit court.
How is Justice Scalia an example of judicial activism?
If we go back to this same case: we were listening to the majority opinion. Let's listen now to what Scalia would refer to. Let's just stop there because we're not as concerned about what his particular legal argument is. But going back to Sophia's question: how do the justices "get away" with taking a certain stance? Scalia is talking about the Constitution, states rights, federalism. It's not a total hoax or something. It's not necessarily some sinister plan, but it's a way of looking at the law. I think one of the problems with that is that for many of us in this room, my sense is that many here are of the interpretation/belief that the law is living and breathing; there are changes as society changes. But that is not the viewpoint of all people in the United States. His justification goes back to the founding documents, the first 100 years of this nation, what Jefferson and Madison thought, and whether we can adhere to what this original intent was. I'd let you take away from that what you'd like, but that's how that legal doctrine is structured.
What is an example of the outside game and the inside game working together?
If we think about national policy, what is the physical thing around the city of DC? The Beltway. There's literally a freeway that goes around the city of Washington The Beltway: the inside game But if you're concerned about national policy, you need to have an outside game as well. You have to engage people not only in CA, but in NV, TX, AZ, and all these other places You need to have an outside game that's mobilizing all these people to
What are the numbers for the district court system?
In 2011, 379 thousand cases were heard in the district courts. 76% of these were civil cases; 24% were criminal cases. (There are criminal violations of federal law, including bank robbery, interstate drug trafficking, and kidnapping) We have a sense of the scale of how many courts there are, how many judges we're talking about, how many judges in each court.
How many women make up elected offices?
In 2018, 110 (81D, 29R) women hold seats in the United States Congress, comprising 20.6% of the 535 members; 23 women (23%) serve in the U.S. Senate, and 87 women (20.0%) serve in the U.S. House of Representatives.
Civil Service/civil servants
In US: Little prestige, but usually steady salary with benefits.
Electoral Competition Voting Model (Median Voter Theorem)
In seeking votes, parties shift their positions on key policy issues toward a middle ground perspective in order to attract the most possible voters (and to avoid alienating voters). "Median Voters": the voter who is ideologically at the center of Ex: Economic Conservatives / Blue Dog Democrats There is a rise of people who don't identify with either party, but that they will make decisions about who they'll vote for based on the candidate and the kinds of things the candidate says. Ultimately, what does that suggest? If you're a candidate who's fairly progressive and on the left, or fairly conservative and on the right, what's your chance of getting those votes? Fairly low. We see this all the time, especially in presidential politics. Typically what occurs is this shift inward. Think about Hillary Clinton in the 2016 election. She's running against Bernie Sanders. Hillary Clinton is a fairly moderate Democrat, Bernie Sanders is more to the left. In the primary elections, they have to duke it out against each other. Hillary Clinton moves to the left on certain issues as a result in order to capture some of the voters who show an interest in Bernie Sanders. She secures the Democratic nomination and Sanders is less of a concern for her, or so she thinks, because Bernie voters were still over here. But now she's in a different kind of election, where she has to capture far more people. How do we capture the people to the right of her? One strategy is to move to the median. A moderating effect among the presidents is what we see in presidential elections. They have a wide array of people that they ultimately have to make happy in order to stay in office. There are times when you can use stark rhetoric, but at other times you have to dial it back in. If you want to stay in office, you have to keep that wide range of folks at least fairly happy.
What are public interest groups and what are some examples?
Interest groups (advocacy groups) that work to gain protections or benefits for society at large; typically organized to support a cause or ideology They might be in support of specific causes: the ACLU - a big organization with a big lobbying arm. The Children's Defense Fund. The NRA. The NAACP. There's lots of these. There are also various entities that represent governments: the National Association of Mayors, the National Association of Governors, of various state legislators. A lot of coordination might go on at that level: you might be able to coordinate various forms of local policy Nonprofit service organizations.
What are private interest groups and what are some examples?
Interest groups that seek to protect or advance the material interest of its members. Big companies all of have lobbyists: Boeing, Microsoft, Google, US Chamber of Commerce, National Association of Wheat Growers Professions: American Medical Association (think about the kinds of lobby they might have. Most professions will have some sort of group that will represent them towards the government) Labor: SEIU, teachers unions, the Writer's Guild, SAG. Very important, very powerful, especially here in California.
What does it mean when Judges are neutral mediators?
Judges are thought to be neutral mediators who resolve disputes between two parties. But presidential appointments mean justices (presumably) reflect the ideology of their appointing president. If judges are not neutral, then it creates some problems for us. (?) Judges are thought to be neutral mediators who resolve disputes between two parties. But... Presidential appointments mean justices (presumably) reflect the ideology of their appointing president.
Amicus Curiae ("friend of the court") briefs
Legal briefs submitted by a "friend of the court" for the purpose of influencing a court's decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.
How do we think about Representation in the Latin-X community?
Let's use the case of a Latino representative. 75% of the community is Latinx, you have a Latinx representative. What happens from a substantive perspective if the Latinx population is slightly less (50%), and the representative is a non-Latinx representative? What is the calculus of this person? If they want to hold their seat - yeah, they may have lived in DC for a while, but they want to keep their seat - what do they do? They have to work to satisfy the substantive needs. (A possible, contrasting scenario is that the Latinx representative feels "safe" and doesn't feel the need to bring that much home.) This is an area of research, and you can argue against it. But some have looked at what the tipping point is that would change the behavior of a representative who's not part of the same community. We keep hearing the narrative about the election that so many people of color and women were elected. That's the descriptive representation, but what matters as well is what they bring home. (The example of Beto: Even if someone isn't the same identity as their constituents, if they resonate enough with their community, they'll be reelected) (Mississippi: no one absolutely liked Thad Cochran, but he brought billions of dollars to the state. People will vote in their best interest. You keep your state in power even if the people are awful.)
What is the federal court system?
Made up of the Supreme Court, the court of appeals, and district courts.
Hard Money
Money directly given to candidates and party committees ¡ Rules govern how it can be used, overseen by the Federal Elections Commission (FEC) - created in 1975 following Watergate scandal ¡ Places limits on amounts of money that can be given to candidates (McCain-Feingold bill/(Bipartisan Campaign Reform Act of 2002) - $2600 per individual for a specific candidate
Dark Money
Money given to organizations, trade unions/ associations for election activities. You can give money to a campaign directly (limited), to the parties (limited); there are other activities you can involve yourself in. This is where the idea of dark money comes into fruition. You can give money to these organizations. Usually, they're identified as 501(c)(4)'s 501(c)(3): you can give to them and get a tax write-off 501(c)(4): you can give unlimited amounts, but it's not a tax deduction.
Soft Money
Money given to political parties and used indirectly on campaigns (criticize opposing candidates, promote issue ideals). Name a candidate: Mitch McConnell. Maybe you made a direct contribution to him. But you're not done, so you can give money to his party. You can give it to the senatorial committee. If he's having a hard year in his reelection, the senatorial committee of the Republican party can buy ads in Kentucky or in another district where another Republican could be in danger of losing their seat. The same is certainly true for the Democratic party: they have similar structures
Roles of the President
Often we refer to the president as POTUS. Head of state: an international symbol. Head of state in the United States means something else from head of state in other countries. For example, who is head of state in England? The Queen. It is largely symbolic, but it is an important role that the president plays. When we talk about Trump and the ways in which he is like a president we have never seen before, in some ways, it's this symbolic piece that is so unnerving. In England, the perspective is that the Queen should actually be divorced from politics, and be the face of continuity for the English people and to represent continuity of the British people abroad as long as she is reigning. We don't have that here. And so a part of our discomfort may be this symbolic nature: he's not necessarily showing this continuity because his style is so different from others. (e.g. his relationship to the press) That has specific and substantive impact but it also has symbolic impact as well. To what extent might the United States be changing or volatile in nature? The president is our chief executive. The manager of the Executive Branch who can issue executive orders (that we've talked about). The president is also commander in chief. While Congress maintains the power to wage war, the president commands the military. The president's use of war powers has changed over time, as we saw, and presidents have engaged in military action since World War II Domestic policy leader: this is addressed in the State of the Union address. There was a little snippet of Nixon giving a State of the Union address. Foreign policy leader: signing of treaties, although this requires the advice and consent of the Senate. As we'll see in the Kotz book, the relationship between the president and the Senate is pretty important. If the president tells other countries "oh yeah, we're going to do this" and then goes home to a Senate that doesn't support them, they will look like a fool to the international community
Popular Sovreignty
People are the ultimate source of government authority. A weak level of popular sovereignty signals a weak democracy
What are the three voting models?
Prospective voting model Electoral competition voting model (Median Voter Theorem) Retrospective voting model
What is an example of Precedent in Action?
So we know that SB 1070 arrived in the Supreme Court. We are going to listen to the majority opinion announcement read by Anthony Kennedy What does Kennedy ultimately go back to? To make a decision about a case in 2011 dealing with immigration, he looks back to a case in 1941. He says that this matter is already settled. (Question about Kagan recusing herself: she had brought the case forward previously)
How did the Civil Rights Social Movement arise?
Social movement for civil rights: Plessy v. Ferguson: "Separate but equal" treatment Brown v. Board of Education: (the first case struck down the idea of "separate but equal." But it took two court cases because there was hesitancy in dismantling "separate but equal." The first case: internalizing the idea that integration was going to happen. The second: the declaration that it was going to happen/spelling out the methods for doing so. But it took a lot of time for this to happen.) • Civil War Amendments: 13th, 14th & 15th • Post Civil War: Plessy v. Ferguson (1896) - Supreme Court ok's separate but equal treatment • Jim Crow Laws of the South - state sanctioned racial segregation that existed in the American South until the middle of the 20th Century • Poll tax & literacy tests for voting; separate bathrooms, drinking fountains, swimming pools, beaches, restaurants, etc. • Brown v. Board of Education of Topeka (1954) • Civil Rights Act of 1964 • Voting Rights Act of 1965
How do we simplify the booming, buzzing confusion?
Social movement increases participation, Public opinion arises: Support change/status quo? -Approval of President/ Congress?, this inspires legislation: How a bill becomes a law President signs/vetoes.
Leadership - Power of Agenda
Speaker Seniority Whip
Earmarks
Special spending projects that are set aside on behalf of individual members of Congress for their constituents. they come in all sorts and shapes. Often, it's a provision usually for something monetary that will be added to another bill. Usually there's some other large piece of legislation, and you get to put a little piece on there. Bring home some bacon for your district or constituency. That's often what lobbyists are going to push for
527
Tax exempt groups, can raise unlimited funds for political activity but must disclose donors.
501(c)(4)
Tax exempt social welfare group. Express purpose is issue not political. Donors not disclosed.
Can SCOTUS act as a national policy maker?
That should lead us to ask: given the judicial activism that we know is going on, the various doctrines that we see, the spread in ideology that we see (even in the Oyez website that points us to justices on a spectrum), should we see the Supreme Court as a national policymaker? Are they policymakers or are they interpreters of the law? To what extent are they instituting policy and operating outside of their domain? This is where we put all the pieces together. Brown v. Board of Education: after World War II, segregation based on race is a little less palatable as we're telling other countries to monetize. We've seen the role of interest groups (here, the NAACP, SCSL, and others) & social movements and the difficulty that members of Congress had of pushing forward change (they could be punished by constituents) The Brown case can be studied from a number of angles. They use the social sciences successfully in a Supreme Court case: they talk about American children playing with white dolls vs. black dolls..... We also know about the interest group/social movement strategy brought by Thurgood Marshall (then the chief counsel for the NAACP) This is not his first time at bat though. When you think about a legal strategy, you're thinking about cases where you can test the law: if you're Thurgood Marshall, how do you break away at Plessy v. Ferguson? You're going to have to start it in multiple federal courts. What kind of case will you bring forward? Often, you'll bring forward a class-action lawsuit: a suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. The Supreme Court unanimously overturns the Plessy decision.
Who are the Key players in the executive branch?
The Oval Office, which is in the west wing of the White House. Within the White House, there is a staff, there is a chief of staff One of the nice things about the show The West Wing: it shows the inner workings of the Oval Office. For any of you who have worked in a member of Congress' office, how important is the person who keeps the calendar for the member? The most important in some ways: if you can actually talk to the scheduler on the phone, you have made it, because everybody wants the legislator's time. Everyone wants their five minutes in the Oval Office, including Kanye West The National Security Advisor and National Security Council
Dynamic Court View
The court as a change maker (According to Rosenberg): a popular perception of the court as the branch of government that can produce significant societal reform even when other branches are inactive or opposed to policy Conditions for social reform: 1)There is ample legal precedent for change 2)There is support for change from substantial numbers in Congress and from executive branch 3)there is support from some citizens or at least low levels of opposition from all citizens
What role do representatives play?
The follow a delegate model or a trustee model. Is the representative a delegate? Do they act in perfect accord with the wishes of his or her constituents? An alternative view, however, is the trustee model: I am all knowing and wise, you have elected me because of my wisdom. 62% of my district wants to repeal healthcare, but I don't think that's a good idea. Because you put me here, I will vote against that.
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Why do we study voting as a political behavior?
There are two schools, not antagonistic in any way, but two approaches to the study of politics. Institutional approach: studying electoral policy and electoral laws. The other is the study of behavior. That's when we get into theories of what propels people to vote and what propels candidates to behave in certain ways to people.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Retrospective Voting Model
This idea of electoral reward and punishment. Voters are going to look back into the past, of the performance of a party, or a candidate, and cast their ballot on the basis of how well they did. One of the questions about the midterms: will there be a recall on the GOP? There's been a lot of talk about a blue wave in Congress. There's nothing to do about the president, but can we take back the House and Senate? That's the retrospective voter model. "We don't like the direction that you've gone in; it's time to pull it back." Examples: In 2006, angry about the Wars in Iraq and Afghanistan voters approve of Democrats to take the majority of both houses of Congress In 2014, angry about the economy and Obamacare, voters send Republicans back into the majority of both houses of Congress.
Why is the process of a Bill becoming a Law slow?
This is the fun little chart you saw in high school, but it has real implications for what kind of legislation gets passed. When we sit here and be critical of Congress and their failure to move legislation forward, if we think about what this whole process entails, it's no wonder that very little gets done. And if we remember back to the beginning of class, who largely put this in place? Where did the process come from? Why do we have two houses at all? Why does the president have veto power? The Framers! This is the constitutional compromise. Are we screwed, or can we take it from a different view, and instead say, no, we have continuity of legislation. Change happens slowly. It might be happening fast on the ground in terms of our opinions, social movements, desires for change, but the process occurs slowlier than it was intended to. Is slow good? Slow bad? Is it easy to boil it down into such simple terms?
Revolving Door
To some extent, it ties into this iron triangle. This is the idea that a lawmaker might leave their position to become lobbyists. Why might that be advantageous? The people in Congress are your friends. You might have known them for a long time. If you get that job as a lobbyist, you can be very effective at moving forward whatever interest you're trying to advance. It's a lot more lucrative to be a lobbyist than a legislator. Being a lobbyist with legislative experience boosts your income by a lot If you're facing a tough election..... go be a lobbyist (There's nothing inherently wrong with this revolving door, but it says more about what the legislators)
State of the Union Address
Way for President to act as Domestic Policy Leaders. Annual report to the nation by the president; delivered before all of Congress discussing the state of the nation After JFK is assassinated, Lyndon Johnson calls for change. First State of the Union Address (January 1964):
What is the structure of our legislative branch?
We have a bicameral legislature. In the House, members serve two year terms; number of seats/districts based on population. In the Senate, members serve six year terms; there are 2 Senators from each safe. Congress covers both houses. The states decide themselves whether they have a bicameral or unicameral state legislature. We have single-member districts.
unified/divided government
We've talked about unified vs. divided government, and we can see how that plays out in the government shutdown of 2013. We've also seen some terminology, and this is going to come back into play in just a second. Unified government. What does it mean again? When one party is controlling all the branches of government. Was JFK able to bring forward civil rights and end segregation? Did he have the political capital to achieve it? This young man who has barely served in Congress himself: what does it require to pass legislation like that? Yes, a unified government, but is that the only thing? Were the Republicans able to overhaul Obamacare after the election of Donald Trump? No, so a unified government is not necessarily enough to move forward sweeping change. Johnson says something to the effect of this: let this session be known more for civil rights than the rest of the sessions combined.
How does a case make it to the Supreme Court?
What cases can just go directly there? Very few. About 5%: cases involving ambassadors and diplomats; cases in which a state is a party (all of these have to deal with the US potentially dealing with some kinds of issues. A very narrow area) Example of such a case: there might have been a case in which an ambassador was engaged in drug trafficking (bringing drugs to the United States.) As an ambassador, you have diplomatic immunity, so the question is whether the ambassador can be prosecuted in the United States We're looking primarily at federal courts today, but there's also a system of state courts: it's possible for courts to work themselves up to the supreme court through the state courts. The case may have begun in a state court because the initial legal question belonged to state law. But one of the judges may have found that this is actually a question of federal law: in fact, the issues we're dealing with might be in violation of some federal statute, in which case it makes sense to continue in that way. Finally, the largest route is the federal route, where the parties in the case are not satisfied with the decision of a federal court, so they appeal it. You've probably heard this for. Now the Supreme Court gets to decide whether or not they choose to hear a case. If they choose not to, then the circuit court ruling stands (that often happens). There are 400,000 cases being heard here. It's not possible that a nine-person body is going to hear all of them.
What is the Business of Congress?
What is the goal/motivation of a member of Congress? The main goal of a member of Congress is to stay and office. That is Fenno's argument. His method of research: "soak and poke" Rather than relying primarily on data sets or rational choice theory, Fenno undertakes empirical observation of the movements of political actors on the stage of politics. It will be important for you to identify which committees your member of Congress is on. They can be a part of numerous caucuses: regional, ethnic, racial, or economic subgroups within the House or Senate. Leadership: why does Nancy Pelosi want to keep her seat? What do you get when you're Speaker of the House? What do you get to do? What power do you have when you're Speaker? She'll be in line for presidential succession, but more importantly, she has the power to set the agenda. She decides if people's bills go anywhere. She decides if there will be a probe on the president's taxes, or whether we should ram through certain legislation. It won't be enacted, but the Democrats will have this narrative against the Republicans.
Electoral College
a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. voting system in America
test case
a case brought to force a ruling on the constitutionality of some law or executive action
Bureaucracy
a large, complex organization characterized by a hierarchical set of offices each with a specific task, controlled through a clear chain of command and where appointment and advancement of personnel is based on merit.
Congressional Committees
a legislative sub-organization in the United States Congress that handles a specific duty
voter mobilization
a party's efforts to inform potential voters about issues and candidates and to persuade them to vote
Bureaucrat
a person who works in a bureaucratic organization
Spoils system (patronage)
a president gets to put whoever they want into that position, and oh what a sweet job that is. The "spoils of victory" belong to the winner. The practice of distributing government offices and contracts to the supporters of the winning party.
Filibuster
a procedural device used in the Senate to prevent a bill from coming to a vote by "talking it to death," made possible by the norm of unlimited debate. Ex: Sen. Chris Murphy (CT), Sen. Rand Paul (KY). The longest filibuster in history was in 1957, and it was about civil rights in the south.
Caucus
a regional, ethnic, racial or economic subgroup within the House or Senate.
whip
a senator or representative who helps the party leader stay informed about what party members are thinking
Cloture
a vote to end a filibuster; requires the votes of three-fifths of the membership of the Senate
The Supreme Court's "Dissenting opinion"
a written opinion by one or more justices expressing disagreement with the majority opinion.
The Supreme Court's "concurrent opinion"
a written opinion by one or more justices whom agree with the majority opinion but want to provide different or additional reasons as the basis of his/her decision.
Judicial Activism
actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes. One potential example of this (this role?) - the doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the Framers, rather than in light of contemporary conditions and needs. There's a growing number of justices who have this belief. We don't need to think about contemporary conditions, but we can think about how these laws were originally developed; why they were originally developed.
Delegate Model
an elected representative who acts in perfect accord with the wishes of his or her constituents.
Trustee Model
an elected representative who believes that his or her own best judgment (rather than instructions from constituents) should be used in making legislative decisions.
Iron Triangles
an enduring alliance of common interest among an interest group, a congressional committee and a bureaucratic agency. Bracero program: opens pathways for workers to come through People are lobbying for this change, and at the same time, there's a relationship between these things. Even the bureaucrats at the border, the patrol agents themselves, are letting people in Usually seen as far more clandestine
Political Action Committee (PAC)
an entity created by an interest group whose purpose is to collect money and make contributions to candidates in federal elections. an entity created by an interest group whose purpose is to collect "hard" money and make contributions to candidates in federal elections. Can give $5000 to a candidate (McCain-Feingold)
Issue Networks
broad coalitions of public and private interest groups, policy experts and public officials that form around particular policy issues. Thought to be more visible to the public and inclusive.
Majority-Minority Districts
districts drawn to ensure that a racial minority makes up the majority of voters. Voting Rights Act ideal: increase representation of minorities (through federal oversight) Packing districts
What is substantive representation?
having one's policy views represented by an elected official. What pork are you going to bring back to our district? There's a debate: do you actually need a descriptive representative to get substantive representation? If you live in a district with a primarily Latino community, do they need to have a descriptive representative? Must it be a Latino who brings the needs of the Latino community home? (You're not going to get an accurate reflection of what the wishes are, if these voices aren't being heard. These voices need to be heard.) (A lot of the time, people who have been in office for long periods of time don't really live in the districts they represent. They're not really embedded in the community. Things may have changed since 20 years ago when they were first elected, including demographics, and they're not really actually a member of that community anymore.) (This kind of reminds me about some of the discussions people have surrounding gerrymandering. Is it acceptable to pack people into a district? Sometimes, it's done that way to keep communities of common interest together, so they can have descriptive representation) On one hand, you don't want to have ridiculous gerrymandering, and we think of packing and cracking as bad, but these people get their descriptive representation.
Congressional Fundraising
https://www.youtube.com/watch?v=Ylomy1Aw9Hk
What is the court of appeals?
intermediate level in the federal system, 12 regional circuit courts including DC court, no original jurisdiction (strictly appellate) These are regionally based. What we can see here is that there are 11 of these different couts. There is some discussion about whether the ninth district will be split, although the likelihood of that passing is fairly slim. (Is it based on population? Not really; it was more regionally based. Now it's a little bit different: California is a very large place. But some might question what happens if you split up a district. Does California split with Alaska or with Hawaii?)
Interest Group Democracy
it responded to special interest groups (farmers, unions, trade associations, etc.) that were well organized and could articulate their interests and lobby Congress. While it responded to interest-group pressure, the New Deal slighted the unorganized majority--consumers. In the 1950s (we talk about this period a lot, because that's when political science comes into fruition): we talk about pluralism and what interest groups do in democracy. Interest groups play an important role in making sure all voices are heard.
class action lawsuit
lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.
What is descriptive representation?
the degree to which the composition of a representative body resembles the demographic composition of the population as a whole. Are elected officials reflective of the breakdown of minorities, age groups, etc.? California registered voters: 28% are Latino?
divided government
one party controls the White House and another party controls one or both houses of Congress
Partisan Redistricting
parties try to draw district lines to their own advantage. Pack, crack Pennsylvania Registered Voters: ○ 50% Registered Democrat ○ 37% Registered Republican ○ 18 Congressional seats: Democrats won only 5 (2014) To understand Pennsylvania case further: https://www.vox.com/policy-and-politics/2018/2/21/17032936/pennsylvania-congressional-districts-2018
Precedent
past rulings by courts which guide judicial reasoning in subsequent cases.
Due Process Clause
prohibits states from depriving life, liberty, or property without due process of law, a guarantee against arbitrary or unfair government action. (5th Amendment in the Bill of Rights, reiterated post-Civil War in the 14th Amendment)
Gerrymandering
redrawing electoral district lines in an extreme and unlikely manner to give an advantage to a particular party or candidate.
Equal Protection Clause
requires states to provide equal treatment to all people within their boundaries. (14th Amendment)
What is the Privileges and Immunities Clause?
says a state cannot treat an out-of-state person in a way that diminishes the rights (Article 4, Section II of Constitution & Reiterated post-Civil War in the 14th Amendment) You have a basic level of federally guaranteed civil rights, but the states can extend those rights. What they can't do is go lower than the federally guaranteed civil rights. (Article 4, Section II of Constitution and reiterated post-Civil War in the 14th Amendment)
Original Jurisdiction
the authority of a court to be the first to hear a particular kind of case. the idea that the court will be the first to hear a certain case depending on the type of law it refers to
stare decisis
the legal doctrine that says precedent should guide judicial decision making. Literally "to stand on decisions". Developed from roots in Common Law practices. the legal doctrine that says precedent should guide judicial decision making. Literally "to stand on decision." (Developed from roots in Common Law practices.)
The Supreme Court's "Opinion of the Court"
the majority opinion (5 of 9) that accompanies a Supreme Court decision
Judicial Review
the power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional Marbury v. Madison (1803) - Finds the Judiciary Act of 1789 to be in conflict with Article III of the Constitution (because it extended the scope of Court beyond its original jurisdiction) and thereby declares that component of the Judiciary Act unconstitutional. this was not a power given to the courts by the Constitution but one that many of the Framers expected to take on. It was ultimately a power that the courts had to take on for themselves.
What was the result of the Voting Rights Act of 1965?
¡ Banned literacy tests ¡ Authorized federal oversight of any electoral policy changes in certain areas Protections extended to language minorities. The VRA ultimately has a huge impact on voter turnout. The black turnout in 1964 was about 6%, but after the passage, we see a massive increase. In 1969, 59% of African Americans turned out to vote. This is importance because we continue to see this push to create barriers to voting. (Somewhere in the South, they're closing polling locations in Mississippi: they're required to only keep one per county, but there is no public transportation in the most "black" part of the state, where plantations used to be. We have these barriers, and we're thinking about all the reasons why people might stay home anyway.) (Voter ID: some people don't have a birth certificate, others don't have a driver's license. The kinds of electoral laws that are put in place can either stimulate or suppress voting.)
What is Achen and Bartels' "Democracy for Realists"?
¡ Get rid of your romantic ideals of democracy! ¡ Modern social science tells us: ¡ Voters are swayed by "retrospective" assessments ¡ Current state of the Economy ¡ Partisan loyalties formed in childhood They argue that we have really romantic ideals of democracy and we should keep those in check. Social science tells us that people aren't really living by these ideals in any way, shape, or form. They find that group and partisan loyalties, not these policy preferences or ideologies, are fundamental in democratic politics. The idea of having a policy preference, voicing it to a representative, and having them carry it out doesn't play out all the time Do people form an opinion on every single California ballot proposition? Not really The role that money can play in the outcome of a campaign: they are very much tied together (money and campaigns) Similarly, there's been studies of responsiveness of legislators. Who are legislators often most responsive to? Their donors.
Social Movement for Civil Rights
• Civil War Amendments: 13th, 14th & 15th • Post Civil War: Plessy v. Ferguson (1896) - Supreme Court ok's separate but equal treatment • JimCrowLawsoftheSouth-statesanctionedracial segregation that existed in the American South until the middle of the 20th Century • Poll tax & literacy tests for voting; separate bathrooms, drinking fountains, swimming pools, beaches, restaurants, etc. MLK was so important, but there were other figures that mattered. How does Kotz portray MLK? How about the Southern Christian Leadership Conference? What did you know about that organization before reading this book? What other organizations did Kotz mention? How do we categorize these observations? Do they have the same view or want the same policy outcomes?
