Quiz 5 YUUPYUPYUP// 7-14

amicus curiae

"Friend of the court," an individual or group that is not party to a lawsuit but has a strong interest in influencing the outcome

HDD Partisanship as "Tribalism"

"The civil rights movement, culminating in the 1964 Civil Rights Act and the 1965 Voting Rights Act, put an end to this partisan arrangement.... [This would] define the Democrats as the party of civil rights and the Republicans as the party of racial status quo." (p. 169) This ushered in a period of "realignment" between the parties. "The post-1965 realignment also began a process of sorting out voters ideologically. For the first time in nearly a century, partisanship and ideology converged, with the GOP becoming primarily conservative and the Democrats becoming predominantly liberal." (p. 169) REALLIGNMENT= lib repub mostly in NE left the party and became dems, conservative southern democrats suddenly left the party and began sorting into the Republican Party

conservative

A person who generally believes that social institutions (such as churches and corporations) and the free market solve problems better than governments do, that a large and powerful goverment poses a threat to citizens freedom and that the appropriate role of government is too uphold traditional values

Facebook CEO Mark Zuckerberg testifies before Congress, April 2018:

Mr. Zuckerberg admitted that the company's efforts to find and stop Russian meddling was 'slow,' and called that failure "one of my greatest regrets.' He said Facebook was tracking known Russian hacking groups in real time but took much longer to recognize the inflammatory posts of the Internet Research Agency, a private company with Kremlin ties." "'There are people in Russia whose job is to exploit our systems,' Mr. Zuckerberg said. 'This is an arms race.'" -NYTimes, April 10, 2018

moot

No longer requiring resolution by the courts typically because the fact of the case have changed or been resolved by other means

judicial review lowi

The power of the courts to determine wether the actions of the president, th congress and the state legislatures are consistent with the constitution

agenda-setting effect

The power of the media to focus public attention on particular issues

ripeness

The requirement that a case must involve an actual controversy between two parties, not a hypothetical one `

standing

The requirement that anyone initiating a court case must show a substantial stake in the outcome

oral argument

The stage in supreme court proceedings in which attorneys for both sides appear before positions and answer questions posted by justices

priming

The use of media coverage to make the public take a particular view of an event or a public figure

breif

A written document in which an attorney explains why a court should rule in favor of his or her client

due process

the requirement that citizens be treated according to the law and be provided adequate protection for individual rights

Jurisdiction lowi

the types of cases over which a court has authority

opinion

the written explanation of the Supreme Court's decision in a particular case

Party Polarization in Congress (Desilver article)

two political parties from the 70s to the 90s to the 2010s have become more ideologically distant with less overlap

recess appointments

•"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."

Civil Liberties

Civil Liberties are the protections we have to conduct our lives without government intrusion. Based largely on the rights contained in the Bill of Rights. •First Amendment •Second Amendment •Rights of the Criminally Accused •Right to Privacy

Since Trump was elected the Washington Pst has been tracking Trumps political misinformation...

"As President Trump entered the final stretch of the election season, he began making more than 50 false or misleading claims a day. It's only gotten worse - so much so that the Fact Checker team cannot keep up." "In 2017, Trump's first year as president, he averaged six claims a day. That jumped to 16 a day in 2018 and 22 in 2019. So far in 2020, the president has averaged 27 claims a day."

Marc Fischer article Washington Post

'I've never seen anything like it,' said Frank Luntz, a Republican political consultant who has been convening focus groups of undecided voters for seven presidential cycles. 'Even the most balanced, mainstream people are talking about this election in language that is more caffeinated and cataclysmic than anything I've ever heard." - the end of democracy, to many Americans the future looks dark - democrats were saying how horrible it would be if T won vice versa

How about some more recent data?

- in 2017 2/3 of us adults got their news from social media - "Two-thirds of Americans (67%) get at least some news on social media. This represents a modest increase from 62% in 2016, but ... this growth was driven by substantial increases among older Americans. For the first time in Pew Research Center surveys, more than half (55%) of Americans ages 50 and older report getting news on social media sites, a 10-percentage-point jump from 2016." - Pew Research Center, "Key Trends in Social and Digital News Media," October 4, 2017

Political Party Identification txt book graphic

- Gold, ppl who affiliate with no political party bc they label themselves as independents - Number of independents has increased over time - Fewer ppl are associating with the D and R party - Political scientists know tht some independents are not pure, they lean D or R - PEW; shows more independents than D or R but once you add the ppl who lean towards the R, the # of R picks up. - Still more D than R - Out of I D and R, the smallest in recent years is the Republican Party, the Republican Party is currently a minority party. he came into a united house and senate R - more ppl voted for D in the senate but it stays controlled by R bc states like Idaho, NDK, have as much representation in the senate as NY and California

Anti-Drug Abuse Act of 1986 (aka the "Len Bias Act")

- Len od from a coke od and it was framed as a crack od Established a 100-1 sentencing disparity between crack and powder cocaine. (E.G. Established a 5 year mandatory minimum sentence for possessing 5 grams of crack cocaine/500 grams of powder cocaine) Eric Sterling (counsel to the House Judiciary Committee at the time): "We would not have had mandatory minimums if it had not been for Len Bias, because that changed the whole political equation." [This 100-1 disparity was reduced to an 18-1 disparity via the Fair Sentencing Act of 2010]

Party Polarization in the Electorate (Graham article)

- Trend is seen in both the electorate (Graham article on inter-party marriage) and in government (Desilver article on polarization in Congress). - would you want your daughter to marry a democrat - average everyday ppl would say they are upset. at a member of their family marrying someone of another political party - Americans are demonstrating more upset at the same time ppl are less upset at interracial and interreligous marrige - numbers are not very updated after 2010

Modern data on use of judicial review

- early on the Supreme Court rarely struck down acts of congress - in more recent decades the supreme court has been more willing to invalidate acts of congress

Professor Gierzynski's work on Harry Potter and the Millennials: Agents of Socialization

- •Professor Gierzynski's work on Harry Potter and the Millennials: -"Millennials" defined as those born between 1980 and 1992 -Compared to millennials who had NOT read the Harry Potter books, millennials who HAD read them were: •More tolerant of diversity •Less supportive of torture •More skeptical about ruling powers •More eager to participate in the political process - correlation btwn reading Harry Potter books and those traits •There is the question of causality in this kind of research: -Does reading Harry Potter books make you more tolerant, or are people/families who are already more tolerant more likely to read the Harry Potter books? -Professor Gierzynski's research attempts to account for this by controlling for things like what kind of political or ideological environment in which kids were raised. - popular culture can affect

Why does political knowledge, that we don't tend to know much, matter in a republic?

-"[T]hose who lack political information often do not understand where their political interests lie, and thus do not effectively defend them." (Lowi et al., p. 269) - "[T]he political process can be more easily manipulated by institutions and forces that want to do so." (Lowi et al., p. 269) makes us more vulnerable to manipulation

New Bright line Watch Public

-Compared to before the election, confidence in the election process and legitimacy of the outcome became much more polarized between supporters and opponents of president trump -most notably, confidence in the national vote count plumeted among trump supporters, declining from 56% before the election to 25% afterward -Breif polarization abt voter fraud grew wider- in particular even larger majorities of Trump supporters now believe that fraud is rampant and compared to before the election -more encouraging, willingness to condone political violence declined slightly after the election From october to november there was increased polarization Belief in joe biden as the rightful winner increased among D, decreased among R More polarization among trump supporters and opponents after the election than before Trump supporters were more willing to not accept the results Confidence that votes were counted as intended by level of government; before and after the election asking regular everyday people Since the election we have seen more polarization Trump supporters confidence dropped dramatically in counting of votes Less confidence in national votes than personal local votes Avg everyday americans belief that thousands of illegal votes or more were cast; propaganda is being circulated about elections in cities

•The Supreme Court has established a three-tiered system for determining when government violates our "equal protection of the laws" ...

-Most scrutinizing of laws that treat us different based on "suspect classifications" like race, legitimacy of birth, religion, national origin (strict scrutiny) -Somewhat scrutinizing of laws that treat us differently based on sex (intermediate scrutiny) -Least scrutinizing of laws that treat us differently based on anything else (including age, sexual orientation, gender identity, veteran status, handicap status, socioeconomic status) (rational basis) •This three tiered system is how SCOTUS interprets the equal protection clause of the 14th Amendment. State or federal governments can still pass other protections through the legislative process: -Civil Rights Act of 1964 -Americans with Disabilities Act in 1990 -Title IX in 1972

Marbury v. Madison (1803)

-•When a statute and the Constitution conflict, the Constitution prevails and the statute must be voided. (This is judicial review!) -The Supreme Court was under the leadership of Chief Justice John Marshall. Who is William Marbury? The Supreme Court first struck down an act of congress as unconstitutional. Not v diff from Amy Barret. William was appt to be a low lvl judge of peace in the district of Colombia in the whining days of Adams presidency after he lost the election of 1800 where Jefferson won. Adams trys to pack the judiciary including nominating Marbury but Marbury does not get his paperwork intime bc all the court packing -What is he upset about? - Jefferson commands Madison to not deliver the commissions and Marbury was nom and confirmed but does not get to be a judge -So, what does he do? - he brings his case to the us supreme court immediately. why would he do that? bc congress had passed a law allowing claims like his to go straight to the Supreme Court -What does SCOTUS say about it? - SCOTUS says we feel for you, you should have been allowed to be a judge, but you have brought your case to the Supreme Court imporperly. Congress has no authority to change which cases can come straight to us versus which ones work through the heiarchy in article 3 - article 3 also lays out original jurisdiction = narrow array of cases in which cases can go directly to the Supreme Court NOT marburrys claim

8th Amendment

8th Amendment ban on "excessive fines" (2019, in Timbs v. Indiana). ban on "excessive fines" No cruel or unusual punishment

Supremacy Clause

A clause of Article VI of the constitution stating that all laws and treaties approved by the national government are the supreme laws of the United States and superior to all laws adopted by any state or other subdivision

writ of habeas corpus

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion. p 225

Disenting opinion

A decision written by a justice who voted with the minority opinion in a particular case, in which the justice fully explains the reasonings being her opinion

Americans with Disabilities Act in 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment. unfunded mandate

class action suit

A lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit

Media function and effects

Agenda Setting •Power to bring attention to particular issues and problems •Crime example Priming •Preparing people to take a particular view on an issue, event, or person •"Crime is so bad!" "Our mayor's doing a terrible job with it!!!!" Framing •Influencing how events and issues are interpreted •"We need to do something to prevent crime. Let's increase criminal sentences."

The Power of the Judiciary

Alexander Hamilton, Federalist 78: - lays out the power of the judiciary and key nuts and bolts in the American political system and Hamiltons sense of power or lack of among 3 branches in nat goverment "[T]he judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated." The judiciary, on the other hand, has "merely judgment." - The executive branch is the law enforcing branch but also includes the president, federal law enforcement arms and president is commander in Chief of the military - congress controls the purse (the budget)

right of rebuttal

An FCC requirement that broadcasters give individuals the opportunity to respond to the airing of personal attacks on them

equal time rule

An FCC requirement that broadcasters provide candidates for the same political office an equal opportunity to communicate their messages to the public

concurrence

An opinion agreeing with the decision of the majority in a Supreme Court case but not with the rationale provided in the majority opinion

The "power of political misinformation"

Birther Myth: Birthirism when Obama was running was the lie that Obama was not born in the United States. NO credible allegation ever thrown against the 1st black candidate brought to the stage by Donald Trump •"His grandmother in Kenya said, 'Oh, no, he was born in Kenya and I was there and I witnessed the birth.' She's on tape. I think that tape's going to be produced fairly soon. Somebody is coming out with a book in two weeks, it will be very interesting." - Donald Trump, April 7, 2011, on MSNBC's "Morning Joe" •"I have people that have been studying [Obama's birth certificate] and they cannot believe what they're finding ... I would like to have him show his birth certificate, and can I be honest with you, I hope he can. Because if he can't, if he can't, if he wasn't born in this country, which is a real possibility ... then he has pulled one of the great cons in the history of politics. - Donald Trump, April 7, 2011, on NBC's "Today" show •The Public Policy Polling survey showed 1/2 through Trumps presidency 59 percent of those who said they viewed the presumptive Republican presidential nominee [Trump] favorably think Obama was not born in the United States and only 13 percent believe Obamas a Christian." only looked at trump supporters -Alex Gangitano, May 10, 2016, Roll Call article

U.S. Supreme Court at the Beginning of the 2015-2016 Term

Bottom Row (l-r): Thomas (Bush I), Scalia (Reagan), CJ Roberts (Bush II), Kennedy (Reagan), Ginsburg (Clinton) Top row (l-r): Sotomayor (Obama), Breyer (Clinton), Alito (Bush II), Kagan (Obama)

Kavanaugh

Brett Kavanaugh is the man nominated by Trump to replace Kennedy. And, according to the New York Times: "Judge Kavanaugh is considerably more conservative than the justice he would replace." What does this mean for the Supreme Court moving forward? Kennedy had a pivotal role in making important decisions, and Kavanaugh being more Conservative will only make the decisions that the court makes more conservative. Existing laws regarding abortion, LGBTQ rights, and gun laws, could be overturned if he is appointed.

•Jim Crow

Efforts to deny equal treatment and voting rights to Black Americans in the wake of the ratification of the Civil War Amendments (14th Amendment in 1868, 15thAmendment in 1870) •For voting, this included things like "white primaries," poll taxes, literacy tests, voter intimidation, etc.

3 high profile jurisdictions

Dzhokhar Tsarnaev - Convicted in federal court in Mass nof 30 counts of violating federal law (law passed by congress), including use of a weapon of mass destruction resulting in death, for his role in the Boston marathon bombing in 2013. Donald Fell - Pled guilty in federal court because it is a federal offense to kidnap and bring across state lines. to federal charges related to carjacking, kidnapping, and murder in relation to the death of Terry King in 2000. OJ Simpson - Acquitted on state charges related to the 1994 murders of Nicole Brown Simpson and Ron Goldman. seen in state court bc it was not different from most muirders

Ross Perot, Independent

EX of the implications of the winner take all system 1992 Presidential Election; Ross did well enough in his support of the public, had his name on enough ballots and he was invited to participate in the presidential debate 19.74 million votes 18.9% of the popular vote NO electoral college votes Ran again in 1996 as Reform Party candidate, winning 8.4% of the popular vote What changed? 1- Candidates can bring ideas to the table tht resonate w the public to have major party candidates steal those ideas, He emphasized federal spending and concern over increasing national debt . he was very rich= the D and R party noticed and started talking about reducing the debt 2- Back in 1992 you only needed 8% of support. The 2 main political parties don't like ross bc a minor party candidate that gets a lot of attention it makes the parties nervous bc they cannot predict where his support is coming from. So they raised it to 15% by the 1996 debates and could not meet the newer more rigorous demands

New Brightline watch experts

Expert forecasts in October correctly identified six nightmare scenarios that did actually transpire among the eight that they forecast most likely, but generally overestimated the probability of outcomes seen as somewhat or not very likely (none of which actually took place) -Experts believe it is highly likely that president trump will continue to refuse to recognize Bidens presidency and to obstruct the transition, and that the president will take actions to protect himself and those around him from legal exposure after leaving office. They regard problems w the electoral college and the formal recognition of Bidens presidency highly unlikely -large majorities of experts regard trumps attacks on us elections and the press as serious or grave threats to American democracy. By contrast, experts do not consider mail in balloting as a threat to democracy and divided over Amy coney barretts supreme court appt. Experts in BLW= political scientsts Experts regarded trump's attacks on us elections and the press as serious threats to american democracy. In november poll experts rated presidents repeated calling the press the enemy of the free people was viewed very negatively Experts classified recent events as usual or highly unusual, not everything trump does is abnormal or important Important and abnormal; from trump presidency: regular claims of fraud after the election, refusal to concede, uncovered plot to kidnap and kill gov whitmer, businesses board up before the election, Expert ratings in US democracy faith/health Experts have more faith in american democracy and it sparked up Less polarization and more convergence, trump supporters dropped and disapporovers upticked Green expert, purple public, red trump supporters

The Media Brief History (Starr, "Governing in the Age of Fox News")

Founding period through much of 19th century: •Partisan, competitive, and government subsidized •Could help foster "insurgent" candidates (Jefferson in 1800 and Jackson in 1828) •Coining of the term "yellow journalism" in 1890's. 20th century rise of the "mass press" •Rise of radio and television •Coincided with rise of presidential power •Helpful to presidents (FDR, Teddy Roosevelt, JFK) who were good at utilizing the mass media to reach a captive mass public Late 20th century digital revolution •Once again becoming more partisan •Harder for a president to reach a mass audience, but provides opportunity to reach out directly to public

prior restraint

government censorship of information before it is published or broadcast

Administrative law

Involves disputes about the authority, jurisdiction or procedures of admin agencies

Gorsuch appointment

January 31,2017 - Pres. Trump nominates Neil Gorsuch to the Supreme Court April 7, 2017 - The Republicans trigger Nuclear option II and eliminate the filibuster for appointments to the Supreme Court, allowing a 54-45 confirmation vote.

yellow journalism

Journalism that exploits, distorts, or exaggerates the news to create sensations and attract readers

•Ruth Bader Ginsburg died on September 18, 2020

Judge Amy Coney Barrett before testifying at the first day of her confirmation hearing, October 12, 2020 Senate Judiciary Committee Vote on Judge Amy Coney Barrett's Nomination to the Supreme Court, October 22, 2020 Chief Justice John Roberts administering the judicial oath to Justice Amy Coney Barrett on October 27, 2020

Jurisdiction

Jurisdiction is the power of a particular court to rule on a particular case. - the judiciary is not a free for all. you have to bring a dispute to court with proper jurisdiction - According to the U.S. Constitution, federal courts have jurisdiction over certain cases, and state courts have jurisdiction over all the others. - state courts hear far more cases than federal courts •Federal versus state jurisdiction: •Article III, Section 2: "The Judicial Power [of the United States FEDERAL COURTS] shall !! extend to all Cases ... arising under this Constitution, the Laws of the United States, and Treaties made ..." = if u think your us constitutional rights have been violated it is the federal courts business •This list goes on to include things like cases involving controversies between two states, citizens of different states, cases where the U.S. is a party, etc. •This list forms the jurisdiction of federal courts. Other cases are resolved by state judiciaries. - @@ FEDERAL courts have jurisdiction over cases that are federal in nature deals w constitution or involves an act passed by congress so on and so forth... everything else is left to state judiciaries

President Trump and the Media

Levitsky and Ziblatt's How Democracies Die here: •"Exacerbating [the people's loss of faith in the leaders we elect] is President Trump's abandonment of basic norms of respect for the media. An independent press is the bulwark of democratic institutions; no democracy can live without it. Every American president since Washington has done battle with the media. Many of them privately despised it. But with few exceptions, U.S. presidents have recognized the media's centrality as a democratic institution and respected its place in the political system." (p. 199) •"President Trump's public insults of media outlets and even individual journalists were without precedent in modern U.S. history." (p. 199) Going back to any reading from this semester, what kinds of "norms" has President Trump violated with respect to how he interacts with the media?

Title IX in 1972

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

Evan Mcmullen

Ran for president 4 years ago didn't win electoral votes - From Utah (very conservative but largely due to mormons it is not very fond of Donald Trump) EX: Mit Romney - Well known figure in Utah and had more success there than ever - good ex of how minor party candidates only have appeal in regional parts of the country

Chief Justice Roberts

Section 4 of the Voting Rights Act is unconstitutional. Chief Justice John G. Roberts, Jr. delivered the opinion of the 5-4 majority. The Court held that Section 4 of the Voting Rights Act imposes current burdens that are no longer responsive to the current conditions in the voting districts in question. Although the constraints this section places on specific states made sense in the 1960s and 1970s, they do not any longer and now represent an unconstitutional violation of the power to regulate elections that the Constitution reserves for the states. The Court also held that the formula for determining whether changes to a state's voting procedure should be federally reviewed is now outdated and does not reflect the changes that have occurred in the last 50 years in narrowing the voting turnout gap in the states in question.

Equal Protection

The Fourteenth Amendment: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

framing

The influence of the media over how events and issues are interpreted

fireside chats

The informal radio conversations Roosevelt had with the people to keep spirits up. It was a means of communicating with the people on how he would take on the depression. informal talks given by FDR over the radio; sat by White House fireplace; gained the confidence of the people

party polarization

The weakening of our democratic norms is rooted in extreme party polarization acc to L & Z - "Today, however, the guardrails of American democracy are weakening ....[beginning] in the 1980s and 1990s and accelerat[ing] in the 2000s....Donald Trump may have accelerated this process, but he didn't cause it....The weakening of our democratic norms is rooted in extreme partisan polarization - one that extends beyond policy differences and into an existential conflict over race and culture." (p. 9) - Less room for agreement between republicans and dems -•The trend demonstrating that Republicans and Democrats are becoming more ideologically distant from each other. •Trend is seen in both the electorate (Graham article on inter-party marriage) and in government (Desilverarticle on polarization in Congress).

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

The Atlantic Partisanship as "Tribalism"

We think our party identification as more of a substantial part of our identification almost like a religion - the framers were right to be apprehensive of party affiliation Negative partisanship- is associated w PP, a particular form of party polarization = Political scientists/analysists term to explain the D look to R as though R are the enemy and vice versa becoming more separate from each other - party polarization is the start of the problem but the real problem is Negative partisanship "[The Framers] were right to be apprehensive [of partisanship], as is all too clear when you look at the current state of America's political institutions, which are breaking down under the strain of partisan divisions." "In these conditions, democracy devolves into a zero-sum competition, one in which parties succeed by stoking voters' fears and appealing to their ugliest us-versus-them instincts." Although Chua and Rubenfeld don't use this term, what they are expressing here is concern over "negative partisanship." - When pp curdles and devolves into negative partisanship it is probalamtic bc there is no overlap in ideology we don't even live near D & R - R in congress have been pulled more to the ideological right than the D have been pulled to the left

court of appeals

a court that hears appeals of trial court decisions, also called appellate court

gender gap

a distinctive pattern of voting behavior reflecting the differences in views between women and men

writ of certiorari

a formal request by an appellant to have the Supreme Court review a decision of a lower court

nuclear option

a maneuver exercised by the presiding officer in the Senate that eliminates the possibility of filibusters by subjecting votes on certain matters to a simple majority vote •2013 (Democrats controlled the WH and Senate) •2017 (Republicans controlled the WH and Senate)

liberal

a person who generally believes the government should take an active role in supporting social and political change and generally supports a strong role for the goverment in the economy the provision of social services and the protection of civil rights

socialization

a process in which individuals take on their communities perspectives and preferences through social interactions

independents

a term used to describe people who have no party affiliation

prior restraint

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Why is it significant that Kennedy is the justice who left the Court this summer?

and Kennedy joined the conservative wing of the court 11 times; the liberals, five - Judge Brett Kavanaugh testifies before the Senate Judiciary Committee (Sept. 4, 2018) - Brett Kavanaugh sworn in by Chief Justice John Roberts (Oct. 6, 2018)

criminal law

cases arising out of actions that allegedly violate laws protecting herlth, safety and morals of the community

civil law

cases involving disputes among individuals or between the goverment and individuals that do not involve criminal penalties

public law

cases involving the powers of government or rights of citizens. The goverment is the defendant. Constitutional law involves judicial review of the basis of govt action in relation to specific clauses of the constitution as interp by Supreme Court cases.

public opinion

citizens' attitudes about political issues, personalities, institutions, and events

judicial activism

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

judicial restraint

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning

Single member district

one and only one person wins the only seat up for grabs

senatorial courtesy

the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination

precedents

past cases whose principles are used by judges as the basis for their decisions in present cases

critical weakening of political parties as gatekeepers, starting after 1968, to round out some of the points raised in How Democracies Die.

political parties role as gate keepers like keeping authoritarian leaders out of goverment

Civil Rights

relate to the idea that the government must treat us equally and provide equal access to government. Based on the 14th Amendment, other Amendments, and statutes (such as the Voting Rights Act) ie- voting rights and equal protection underr the law

Hamilton said

the federal judiciary is the weakest branch of the 3 bc federal courts do not have the big formal powers that the other branches - all the judiciary has is Merlyns its judgement.... begins to change in the development of judicial review: judiciary power to rule on the constitutionallty of the other branches actions. NOT mentioned in the constitution but referenced in federalist 72

trial court

the first court to hear a criminal or civil case

Supreme Court

the highest judicial court in a country or state.

Chief justice

the justice on the Supreme Court who presides over the courts public sessions

Political Socialization

• every person has Preferences are developed through social lives - upbringing, schooling, religion, and experiences with coworkers and friends •This is called political socialization - The process of learning the underlying beliefs and values on which the political system is based.

Civil Liberties: The First Amendment

•"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." •Note the absolutist language ("Congress shall make NO law") •That absolutist language has never been interpreted literally

presidents that said democracy is best

•"Even if progress follows a winding path - sometimes forward, sometimes back - democracy is still the most effective form of government ever devised by man." (President Obama, Nov. 2016) •"Democracy is not perfect, it is not the path to utopia, but it's the only path to national success and dignity." (President W. Bush, Nov. 2003) •"Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time...." (Winston Churchill, Nov. 1947)

Zeynep Tufekci, "America's Next Authoritarian Will Be Much More Competent:"

•"Make no mistake: The attempt to harness Trumpism - without Trump, but with calculated, refined, and smarter political talent - is coming. And it won't be easy to make the next Trumpist a one-term president. He [or she or they - Professor Holmes' addition] will not be so clumsy or vulnerable. He [same addition - Professor Holmes] will get into office less by luck than by skill." (p. 5) We should expect problems to continue The attempt to harness trumpism- without trump but with calculated, refined, and smarter political talent- is coming."

HDD say about future of democracy

•"Writing this book has reminded us that American democracy is not as exceptional as we sometimes believe." (p. 204) •And we must remember that the long-standing 20th century stability of American democracy came at the expense of racial equality. •How should the Democratic Party respond? -They should not "follow suit" •Levitsky and Ziblatt remind us again that sacrificing racial equality to achieve less polarization and increased the sharing of norms is a "terrible idea" •This is "America's great challenge," and if we can pull it off, "America will truly be exceptional" (p. 231)

Where We Get Our News Meyers, 2016 article in The Atlantic:

•81% of Americans get some of their news through websites, apps, or social platforms. •57% of U.S. adults "often" get their news from television (but, this is mostly older people) •"[O]nly about a quarter of 20-somethings and college students are regular TV news watchers - but 50 percent of them are regular online news consumers." -gap btwn television and online news consumption narrows from 2016 - more Americans get news from social media than print newspapers

Independence and Legitimacy

•Article III grants federal judges lifetime tenure. •"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior." •Judges CAN be impeached, through the same mechanism through which presidents can be impeached •Legitimacy is the idea that the public has faith in institutions, which gives those institutions the ability to exert their influence. •Legitimacy is particularly important for the judiciary and the judiciary has been viewed as being particularly legitimate among the American people.

The Structure of the Federal Judiciary

•Article III of the Constitution states that... "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." •However, the number of justices on the Court is left to Congress. (Has been set at 1 Chief Justice and 8 Associate Justices since 1869.)= in the constitution the only court that is req is one Supreme Court however the const is silent abt what is should look like or how many ppl are on it- left up to congress they altered number of justices on the Supreme Court to favor the president up to congress. - since 1869 the # of chief justices has been left alone for abt 150 yrs, there was some progressive dems in the appt of Amy coney barrel to alter the number bc republicans will still control the senate •And, the rest of the federal judiciary is up to Congress. - In the Judiciary Act of 1789, Congress created trial courts (called "district courts") and intermediate courts (now called "courts of appeals" or "circuit courts") and at the bottom district trial courts . - not only to dictate what the Supreme Court looks like but what the rest of the federal judiciary looks like; 3 tier system

The Judiciary and the U.S. Constitution

•Article III; deals with the judicial branch is the shortest and least detailed of the three main articles. the framers were the least concerned abt the judicial branch they were most concerened act establishing a nat goverment that was too strong like Britain... judiciary was a little bit of an afterthought - framing of constitution was contextualized by the failure of the AOC without a strong judiciary •article 1= congress, article= executive and president •constitution does lay out the basic structure, power, and qualifications for office. - Let's dispense with qualifications: There aren't any, at least according to the U.S. Constitution. there are informal ones not in the constitution

Presidential Debate Access

•Commission on Presidential Debates •Non-partisan, non-profit. trump refuse to do virtual debate •the commission is responsible to sets terms for number, format, access, and moderation of presidential general election debates. - over a yr ago Pete butegege, Bernie, booker WAS on the parties NOT the commission - How does the commission on president debates set the terms to access to pres debates •Access determined by three criteria: •Constitutional eligibility for presidency, if you are not old enough or not a native born American you are out •Evidence of ballot access (mathematical possibility of winning electoral college) HARD for minor parties, evidence minors or independents are on the ballot in enough states that there is a possibility they could win, Kayne could not participate in the presidential debates •Electoral support (at least 15% of national electorate by at least five national polling organizations selected by CPD) to show they have some support nationally

The Judiciary

•Courts serve the essential functions of settling disputes and interpreting the law ( legislative passes, executive enforces and judicial interprets) when congress for ex passed the civil rights act, the judiciary interprets involving siputes around that law •The most distinctive feature of the federal judiciary is its independence - it is separate from the other branches and federal judges have life terms - Federalist 51 JM, Judicial needs to be separate - LOWER LVL COURTS HANDLE PERSONAL DISPUTES like child custody •Because judges have preferences about what government should do, courts are fundamentally political institutions - PROF and political scientists " the courts are fundamentally political institutions and to pretend that judges to not have political preferences is a naive way to look at

Civil Liberties:First Amendment and the Religious Right

•Epstein and Posner Article: the Roberts church has used the first amendment to advance conservative christian values •Recall that the First Amendment also includes the two religion clauses •But, conservative litigants have also been looking to the free speech provision, and the "right to association" based in the First Amendment

Political Knowledge

•From your textbook (p. 268): • "Since the advent of polling in the 1930s, studies have repeatedly found that the average American appears to know little about current events or even basic facts of American government." Americans do not know very much act American govt •Why is this the case? - Education/Information is costly to acquire? Time too -Lack of interest/sense of relevance? a lot are apathetic and aren't interested -Education? Lack of good civic edu over time in the US dropping the ball educating informed citizens -Media? not effective informing the public acting more to entertain than to inform -Politicians themselves? All the way back to athenian idea of direct democracy, the leaders themselves have an obligation to help inform us and over time that ideal has been lost

•Doctrine against "prior restraint" (Near v. Minnesota, 1931)

•Government cannot prevent publication of material, except in extraordinary circumstances (national security, obscenity, incitement of violence)

In addition to the three Supreme Court justices that Trump has appointed ...

•He has also so far appointed 53 court of appeals judges and 168 district court judges (for a total of 221 lower court judges so far) •By way of comparison, by the end of their first term in office, Obama had appointed 169 judges, W. Bush appointed 204, and Clinton appointed 203 •Now would be a good time to remind you about how Senate Majority Leader Mitch McConnell inherited and extended the "nuclear option" •Now would also be a good time to remind you what Levitsky and Ziblatt have said about judges... •In their chapter on "Subverting Democracy," Levitskyand Ziblatt write about how "it always helps to have the referees on your side." (p. 78) •"Capturing the referees provides the government with more than a shield. It also offers a powerful weapon, allowing the government to selectively enforce the law, punishing opponents while protecting allies." (p. 78)

•Voting Rights Act of 1965:

•Included "general provisions" that applied nation-wide: bans on establishment of "prerequisites to voting" such as literacy tests; bans on dilution of vote • •Included "special provisions" that apply only to certain jurisdictions: Section 5 "preclearance requirement," which prohibits certain jurisdictions from implementing any change affecting voting without getting preapproval from the U.S. Attorney General or a U.S. District Court judge. 1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it rboguth jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap

Freedom of the Press

•Included in the First Amendment: •"Congress shall make no law ... prohibiting ... the freedom of the press." •Never interpreted literally. •The government CAN limit or regulate the press at times. However, a key constitutional rule here is that the government can rarely engage in "prior restraint."

Critics of Judicial Review

•Judge Gibson, Eakin v. Raub (1825, PA Supreme Court): •"[I]t is by no means clear, that to declare a law void which has been enacted according to the forms prescribed in the constitution, is not a usurpation of legislative power." •"But suppose all [branches] be of equal capacity, in every respect, why should one exercise a controlling power over the rest?" •"I am of the opinion, that it rests with the people, in whom full and absolute sovereign power resides, to correct abuses in legislation, by instructing their representatives to repeal the obnoxious act." •Today, virtually no one would seriously question the power of judicial review, but the regularity with which SCOTUS has used this power has been criticized.

Judicial Review

•Judicial Review is the power to rule on the Constitutionality of what the other branches are doing. •Not formally mentioned in the Constitution, but Hamilton referenced it in Federalist 78: •"Limitations [to legislative authority]...can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." - in the separation of powers, the judiciary needs the pwr of judicial review to make sure the other branches do not overstep their power w/o our rights would mean nothing

Appointment of Federal Judges

•Nominated by the president "by and with the advice and consent of the Senate." • •Let's talk about the last three appointments to the U.S. Supreme Court (Gorsuch, Kavanaugh, and Barrett)

Judicial Review adopted

•Judicial review was first adopted by the Supreme Court in Marbury v. Madison in 1803. •In Marbury, SCOTUS (the Supreme Court of the United States) first struck down an act of Congress. •Judicial review would extend to actions of all parts of the federal, state, and local governments. - federal courts cannot rule on everything that state and local governments do but if they violate your - Most significant power courts have is judicial review

Appointment of Federal Judges EX

•Justice Scalia died on February 13, 2016. •President Obama nominated D.C. Court of Appeals Judge Merrick Garland to replace Scalia on March 16, 2016. •Then what happened? Trump's 2016 campaign represented the death of expertise because Trump unleashed an attack on expertsOriginal 'birther'Sided with anit-vax activism Supreme court justice Scalia was 'murdered' Accusations of Ted Cruz's father, involved in the JFK assassination. - Due to the increased polarization within Congress and especially during the Obama presidency, Senate Majority Leader Mitch McConnell has worked to further stoke the flames within the nomination and confirmation of Supreme Court nominees. This can be seen following the sudden death of Justice Scalia in February 2016, and the nomination of Judge Merrick Garland by President Obama. With 9 months remaining until the presidential election, McConnell stated that the American electorate should have a say in who the next judicial nominee be by voting for president and seeing the results. - As a result, President Trump nominated Judge Gorsuch to fill Justice Scalia's vacant seat, followed by Judge Kavanaugh in June 2018 when Justice Kennedy announced his departure .... The Democrats have not forgotten this and have stated that come the time that this happens, they will not hesitate to do the same if the opportunity presents itself. -President Trump nominated Neil Gorsuch on Jan. 31, 2017, and Gorsuch was confirmed on April 7, 2017. •Was there anything President Obama could do here (aside from write op-eds about it)? •Article II give the president power to make recess appointments: •"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."

Limitations on Judicial Power

•Little formal power (e.g. budget) •Cannot enforce their decisions alone: The Supreme Court has no power to enforce its decisions. It cannot call out the troops or compel Congress or the president to obey. The Court relies on the executive and legislative branches to carry out its rulings. In some cases, the Supreme Court has been unable to enforce its rulings. •Normal check and balance stuff ... especially the appointment power ...

Lowi are not the only who worry about Political Misinformation

•Lowi et al. are not the only authors we have read this semester who have worried about political misinformation: ALL from HDD -"Perhaps President Trump's most notorious norm-breaking behavior has been lying." (How Democracies Die, p. 197) systematic lying -"[P]oliticians typically avoid lying by changing the topic of debate, reframing difficult questions, or only partly answering them. President Trump's routine, brazen fabrications are unprecedented." (p.198) politicians tend to not lie bc they are concerned they will get caught instead they do things we find annoying like refusing to answer questions but trump is NOT a typical politician he lies all the time. our access to credible info is jeopardized and credible evidence can be eroded -"When the president of the United States lies to the public, our access to credible information is jeopardized, and trust in government is eroded." (p. 199)

•Some parts of the Bill of Rights are still not incorporated into the Fourteenth Amendment

•Protections that do not apply to state/local governments include quartering of troops (3rd), Grand Jury indictment (5th), speedy trial (6th), jury trial for civil cases (7th), protection against excessive bail (8th)

Civil liberties Kinds of speech

•Pure, Political Speech: •Time, place manner restrictions, in ways that are content neutral •SCOTUS in 1919: Freedom of speech would not "protect a man in falsely shouting fire in a theatre and causing a panic" •Symbolic Speech: •AKA, "expressive speech," is when people are making a point through symbols rather than the spoken or written word •Symbolic speech is also strongly protected when it is used to express political or social viewpoints: •EX: in Texas v. Johnson in 1989, SCOTUS ruled on the constitutionality of a statute that made it a criminal offense to desecrate the American flag. •Commercial Speech

Basis of Civil Liberties:The Bill of Rights

•Remember that to get the Constitution ratified, Federalists had pledged to amend the Constitution by adding a Bill of Rights •Adopted by late 1791, the ten amendments that now make up the Bill of Rights include both substantive and procedural restraints on governmental power •While the Supreme Court's interpretation of the Bill of Rights is key to understanding civil liberties, other government actors are relevant in defining (and especially in implementing) these protections 1st ammendment •"Congress shall make no law respecting an establishment of religion ..." •Note the specificity of saying that Congress shall make no law

Agents of Socialization

•The social institutions, including families and schools, that help shape individuals' basic political beliefs and values Important agents of socialization: -Family -Education -Social Groups; church, racial ethicnicly religiously -Political Conditions; is covid a gomechanger on how ppl view govt. ex sept 11, the great depression -Popular Culture?

•Shelby County v. Holder (2013):

•SCOTUS ruled that the formula in the Voting Rights Act through which jurisdictions are identified as needing to adhere to the preclearance provision is unconstitutional. •This does not render the Voting Rights Act unimportant, but it cuts off an important legal avenue which was intended to prevent targeted jurisdictions from enacting voting changes before being reviewed or legally challenged. •But, from Justice Ginsburg's dissenting opinion: •"Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing your umbrella in a rainstorm because you are not getting wet." •Why does any of this matter? •"I'm interested in the clear and present danger of a profound, profound setback for actual real-world democracy in this country. I am well known as a relatively optimistic person, generally speaking, but this is the most serious set of events in the last 50 years." -Bruce Ackerman, Professor of Constitutional Law at Yale University, in an interview on Trumpcast on November 28, 2016 in a response to a question about rhetoric on voter fraud and recent efforts that have weakened the Voting Rights Act. -In states I previously covered by preclearance, Shelby v holder left massive dents in the infrastructure we have to ensure that all

What Can You Do?

•Seek out and financially support legitimate news sources, including at the local level. •Support (financially and otherwise) groups and people whose mission you care about. •Communicate with your elected leaders about the issues you care about. Ask them questions. •Register to vote and participate (Go to vote.gov) •Continue to learn more (History, more American politics, comparative politics, etc.). •Remember that state and local politics and policy matter. •Make your little corner of the world a better place today, and if nothing else, at least don't be horrible. •Don't tolerate ignorance, especially in yourself.

Obstacles for Minor Parties

•Single-member districts with winner-take-all selection systems •Media attention (including debates) •Ballot access, getting names on the ballot bc states set the rules about the time place and manner of elections, Kanye west •Cooptation of ideas •Sometimes only regional appeal •Money •Perception of "wasting" a vote/spoiling an election

The Organization of the Court System: Types of Courts

•So, there are three types of courts: •Supreme Court - The highest court in a state or the nation primarily hears cases on appeal. every state has its own judicial system too, at the nat lvl the Supreme Court hears cases mainly on appeal (the case starts someplace else) -primarily on appeal •Intermediate Appellate Courts - A court that hears cases on appeal from trial courts (circuit courts. tht hear cases on appeal and are intermediate bc they reside in btwn the other 2 layers of judicial hierarchy) -only hear cases on appeal •Trial Courts - The first court to hear a criminal or civil case ex: law and order. functionally v different from appellate courts •They are functionally different and hierarchically organized- 8.2 graphic. Cases start on the federal side --in the district courts moving up to the Supreme Court. in the middle "req for review" the US Supreme Court is not req to accept an appeal - the supreme court chooses not to hear most cases a yr 4/9 have to agree to hear a case - in a state court system 1- we are a federal system of government; power is divided btwn the us federal government and the state governments

Liberals

•Support political and social reform •Extensive government intervention in the economy •Expansion of federal social services •More vigorous efforts on behalf of the poor, minorities, and women •Greater concern for consumers and the environment

Conservatives Political Ideology

•Support the social and economic status quo •Suspicious of efforts to introduce new political formulas and economic arrangements •Believe that a large and powerful government poses a threat to citizens' freedoms

•We've paid ALL our attention to the federal courts and especially SCOTUS ...

•The U.S. Supreme Court hears fewer than 100 cases a year, which leaves most federal cases to be resolved by lower federal courts

Political Ideology

•The set of underlying orientations, ideas, and beliefs through which people understand and interpret politics •Most people describe their ideology as liberal or conservative •On a left/right continuum: bernie to ted cruze -in between are moderates

The Bill of Rights initially only applied to

•federal government (not states). •This began to change in 1897 when the Supreme Court began to engage in selective incorporation

Selective incorporation

•is the process by which the Supreme Court used the 14th Amendment's due process clause on a case-by-case/clause-by-clause basis to make most of the provisions in the Bill of Rights apply to state/local governments too. •14th Amendment: "... nor shall any State deprive any person of life, liberty, or property, without due process of law." still selective; •Some parts of the Bill of Rights are still not incorporated into the Fourteenth Amendment Protections that do not apply to state/local governments include quartering of troops (3rd), Grand Jury indictment (5th), speedy trial (6th), jury trial for civil cases (7th), protection against excessive bail (8th