POL 220 Final
Reading: Bureaucratic "guidance" for sexual assault on college campuses
"Dear Colleague" letter sent by the U.S. Department of Education in April 2011 to various educational institutions, advising them on how to comply with Title IX's anti-sex discrimination requirements with respect to sexual harassment and sexual violence. Title IX requires that schools take immediate action to eliminate student-on-student harassment that creates a hostile environment, prevent its recurrence, and address its effects. Schools must also disseminate a non-discrimination notice and adopt and publish grievance procedures for prompt and equitable resolution of student and employee sex discrimination complaints. In addition, it outlines steps that schools can take to prevent sexual harassment and sexual violence and correct its discriminatory effects on the complainant and others.
Precept Question: What does it mean to say that American society has "juridified?" What factors have driven this trend?
"Juridification" refers to a reliance on the legal process and legal arguments, using legal language, substituting or replacing ordinary politics with judicial decisions, and legal formality. It may be preferred by relevant actors in the political system because it may be believed to be the most effective, or a necessary, means of achieving a policy goal. Juridification may have "spill over" consequences, mobilizing or galvanizing a political movement; also, it may be a politically expedient way of achieving a policy goal while allowing politicians to avoid blame for potentially unpopular changes. Lastly, juridification may take place because it is the only realistic option as a consequence of either profound institutional barriers or profound political barriers.
What three constraints do bureaucracies suffer from that private businesses do not have to deal with?
(1) Government agencies cannot keep or redistribute the profits of the organization's earnings, even if profits of one agency location are much greater than another location. (2) Government agencies cannot allocate factors of production to where they want them, since these factors are subject to regulations. (3) Government agencies must serve goals that are not of their choosing (but rather of the legislators').
There are many other factors that influence government policy in addition to public preferences. Give two examples (Gilens Reading).
1. Electoral structures can generate countermajoritarian outcomes (e.g. the overrepresentation of citizens from small states in the U.S. Senate) 2. Governing structures can impose restraints on policy making leading to a bias favoring the status quo. (ex. requiring supermajority support for some kinds of policy change or by the imposition of constitutional constraints)
Since Roe v. Wade and Doe v. Bolton, the Court has heard three kinds of cases on abortion: what are those kinds of cases?
1. Involving state and federal funding for abortion 2. How much say the spouse of a pregnant married woman or the parents of a pregnant single minor had in the abortion decision 3. Involving the procedural requirements that states can impose for abortions.
What are the 2 main difficulties of the constraints of the Constrained Court View?
1. It seems to overstate the limits on courts. 2. It fails to provide the conditions in which courts CAN produce significant social reform.
What are the two main points about political awareness?
1. People vary greatly in their general attentiveness to politics, regardless of issues 2. Average overall levels of information are quite low
In "Judging Law and Policy," what do Howard and Steigerwalt argue about Affirmative Action programs?
1. They stem from the courts' equity power. The courts are able to remedy situations when individuals' rights have been violated. 2. They raise the question of what is the proper way to address/remedy discrimination. 3. They tap into the constitutional question of equal protection on two different levels. On one hand, the programs are generally remedies for discriminatory treatment which violates the guarantee of equal protection. On the other hand, they can raise concerns about the notion that by favoring one group--even if that favoritism is to correct a past wrong--another group is by necessity being disfavored. (95) ● Although the 13th, 14th, and 15th amendments were passed, even after the Civil War states (particularly in the South) still tried to create the racial status quo that existed before the Civil War using laws that disadvantaged African-Americans. Example: these amendments were not considered to prohibit segregation (1896 Plessy v. Ferguson case established standard of "separate but equal"). ● The Congress, rather than the federal courts, first attempted to address racial discrimination. ○ Before 1930: The Civil Rights Acts of 1866 and 1875 sought to prohibit racial discrimination in public accommodations but the cases did not do much because the Supreme Court ruled in Civil Rights Cases (1883) that the 14th Amendment only covered state action. ○ After 1930: The Court began to change toward more protection of equal protection under the law and civil rights. It ruled that school segregation was unconstitutional and tried to chip away at other forms of segregation and private forms of discrimination. ● After there was general agreement that racial discrimination should be outlawed, remedies for it were disputed. Swann v. Charlotte Mecklenburg Board of Education (1971) was an important case because it ruled that it was constitutional to use mandated busing of school children to achieve racial balance in schools. The case showed that the courts had a judicial power of equity that allowed them to remedy constitutional violations. ● Affirmative actions are a controversial method of addressing racial discrimination and produce questions about equal protection. ○ Important cases: Regents of University of California v. Bakke (1978) -- Court ruled that affirmative action programs are generally okay, but the University of California's program was improper because it favored applicants solely because of race. After this case, many schools incorporated diversity policies into their admissions policies, but affirmative action programs remained problematic. ● Over the years, the courts have continued to find affirmative action constitutional and recognizes the importance of diverse student populations. ● The questions that are currently being asked about affirmative action: When will we have moved far enough away from the vestiges of de jure discrimination that affirmative action programs...are no longer necessary? There continues to be an achievement gap among races. (109) ● Affirmative action plans increase minority enrollment. But as long as they exist, schools may rely on these programs, rather than actually taking the time and effort to resolve inequalities and issues of discrimination. (110) Perhaps we should be working to actually fix the problem instead of just alleviating it...
What are Super-PACs?
A Super-PAC is a Political Action Committee that can receive unlimited donations from individuals, corporations, and unions. These organizations typically launch tons of attack ads against the opposition. Super PACs were made possible by the Citizens United ruling. "Though Presidential campaigns and their supporting super PACs are forbidden to communicate with one another, a division of labor was mutually understood." Typically super PACs would attack the competition while the presidential campaign would launch supporting ads for their own candidate. So a lot of smear campaign commercials during elections are likely the work of Super-PACs, not the candidate's administration.
Fisher v. Texas (2013)
Abigail Fisher, a white female, was rejected from the University of Texas in 2008 and sued the school alleging that she had not been admitted because of UT's decision to consider race in its admission (in addition to its policy of automatically admitting the top 10% of the class). Fisher attacked Affirmative Action, arguing that race-based admissions violate the Equal Protection Clause. In 2013, the case was sent back to the lower courts. After reassessing the policy, the appeals court declared that it was acceptable. However, this case in particular brought up the question: Does the Equal Protection Clause of the 14th Amendment permit the consideration of race in undergraduate admissions decisions? In 2016, the issue of Affirmative Action was reconsidered and remains constitutional
What was the aftermath of the Roe v. Wade and Doe v. Bolton decisions?
Although responding specifically to the laws of Texas and Georgia, the broad scope of the Court's constitutional interpretation through Roe v. Wade and Doe v. Bolton pretty much invalidated the abortion laws of almost every state and the District of Columbia, effectively legalizing abortion. The effect and implementation of the Court's abortion decisions has caused political response to vary and access to legal and safe abortions to increase, but in an uneven and nonuniform way. There are two reasons for this: 1. at the time of the initial decisions a lot of people wanted legalized abortion 2. The Court's decision, by allowing clinics to perform abortions, made it possible for women to obtain abortions in some places where hospitals refused to provide them. Implementation by private clinics, however, has led to uneven availability of abortion services (because some private clinics provided it and others didn't) and has encouraged local political opposition.
Reading: 2017 House Budget Resolution (p. 3-38)
Balancing the budget: • creates short-term certainty and long-term economic growth • Diminishes the threat of future tax increases and true austerity measures along with higher interest payments and potentially crippling inflationary pressures • Protects America's creditworthiness, ensuring the nation regains the status as the best place to invest for business all around the world • will make programs such as Medicare, Medicaid, and Social Security sustainable so they work better for those they serve. • will enable a robust commitment to national security and ensure America's military supremacy in an increasingly dangerous world. • Outputs Over Inputs • Current philosophy in Washington is to see a problem and spend lots of money to fix it without producing positive results. This doesn't work, we must value outcomes over inputs and stop throwing money at problems and assume it will be effective. • Need new solutions to break up dependency and promote innovation so we truly help Americans in need. • New budget will measure success by how many more Americans are getting jobs • A Return to Federalism • Federal programs are restructured to remove oppressive dictates and give states more authority to design and implement strategies that work for their citizens • A Focus on Enforcement • Reconciliation • This targeted budget process allows Congress to advance solutions either prescribed in the budget resolution itself of in the spirit of reducing spending and reforming programs • Powerful tool for reform • A Balanced Budget for a Stronger America • Promotes opportunity for all by championing fiscal responsibility, long-term economic growth, higher wages, and job creation; holds Washington accountable, gives men and women in uniform the resources they need. • Challenges to Overcome • Too many Americans are being left behind by an economy that does not work for them • Economic Opportunity For All • Tax Reform • New budget calls for a lowering of rates and a consolidation of tax brackets • Repeals the Alternative Minimum Tax, transitions towards a system that will make the U.S. companies more competitive in the global marketplace • Energy • Take full advantage of energy resources, make energy even ore affordable, rescinds unobligated balances from stimulus green energy programs, calls for reforming and streamlining numerous other research and development programs across the Department of Energy • Infrastructure • Advocates for a long-term solution to keep the Highway Trust Fund solvent by aligning spending with revenues. • Financial Services • Repeal of Federal Deposit Insurance Corporation's authority to access taxpayer dollars to bail out creditors of large financial institutions and instead allows for a system that puts the burden on managers, shareholders, and creditors • Housing Assistance • Budget calls for making housing-assistance programs more sustainable and to direct federal dollars to serve those most in need. • Possible reform: "Moving to Work"- would give public housing authorities more flexibility in how they spend funds so that they can sere families more efficiently and effectively • Reforms in: National Security, Medicare, Medicaid, Social Security, Job Training, Veterans, Obamacare, Education, Income and National Assistance • Budget allows for an effective government that is efficient in spending and can be held accountable, focuses on actually building up Americans in need rather than coping with the problems.
In "Civil Rights and Civil Liberties," what does Glendon argue that we should do about rights?
Basically argues that we need to put rights in different tiers instead of making them all equally important. It will help to stop conflicts about which rights are more important. Also, argues that rights prolong conflicts and impede compromise.
Precept Question: What do bureaucrats actually do? What does the Administrative Procedure Act (APA) stipulate, and how is it reflective of Congress' desire to constrain the role of agencies and ensure some measure of public accountability?
Bureaucrats do a wide variety of jobs, but overall, their main task is to implement government policy. Depending on their specific role, a bureaucrat may be someone who writes the rules and regulations that provide details on broader legislation. A bureaucrat may also be someone who teaches for a public unit, or fights fires. Anyone who provides services through policy implementation is a bureaucrat. The APA monitors and outlines how public administrative agencies can establish regulations. The main purposes of the APA are to require that the public is informed of rules and regulations of agencies, ensure the public can participate in rulemaking, create uniform standards for making rules and adjudication, and define the breadth of judicial review over the agencies. This legislation allows Congress to control the expanding executive power that all of the public agencies started. Congress now requires information and approval on most actions taken by agencies to keep them from running rampant with autonomy. Since the agencies draft rules and regulations that will carry out the federal law, it is important that they remain in check and are have public accountability for their actions.
What does Charles Epp argue about change under the law?
Charles Epp argues that change under the law is usually slow/incremental, and that individuals can expect their cases to gain traction of national pull until they gain resources or support. He believes that to attract the attention of national level groups you need money and assistance of lawyers and organizations that know the legal language and how to play the political game.
2016 Social Security Trustees Report
Conclusion ● cost of Social Security increases faster than projected income through 2038 b/c ratio of workers paying taxes to beneficiaries to benefits will decline with lower birthrate generations ● to combat deficit revenues would have to be drastically increased, benefits would have to be reduced drastically, or a combination ● increasing revenues from workers and employers by raising the tax rate or the maximum level of taxable earnings, lowering benefits for some or all beneficiaries by changing program parameters, or combo ● Trustees recommend that lawmakers address the projected trust fund shortfalls in a timely way in order to phase in necessary changes gradually and give workers and beneficiaries time to adjust to
What are the 3 constraints of the Constrained Court View?
Constraint 1: Courts can't hear or effectively act on a lot of significant social reform claims because of the bounded nature of constitutional rights. This lessens the chances of popular mobilization.............Constraint 2: The judiciary isn't independent enough to facilitate significant social reform because of the other branches of gov't (thanks to the checks and balances system).............. Constraint 3: Courts don't have the tools to facilitate significant social reform.
Proponents of the Dynamic Court View argue that the Constrained Court View entirely misses key advantages of courts. Give a few of those advantages.
Courts are free from electoral constraints and institutional arrangements that stifle change. Courts have the capacity to act where other institutions are politically unwilling or structurally unable to proceed (ex. the court's ability to act in the face of public opposition) Courts do not face the same pressures because court decisions will not adversely affect the court's ongoing relations with elected officials, interest groups, financial backers, and the like, whose cooperation is essential for getting work done, for the simple reason that courts are not structured to need or maintain such ongoing relations. The parties that courts deal with vary from case to case so they do not depend on carefully worked out institutional arrangements.
Citizens United v. Federal Election Commission
Deals with the issue of free speech of corporations and regulation of campaign spending by organizations. In this case, Citizens United v. Federal Election Commission, Citizens United, a conservative nonprofit corporation, wanted to air a smear-documentary about then Senator Hillary Clinton saying that she would not make a good president. The organization wanted to air commercials to advertise the documentary. The supreme court ruled 5-4 that political broadcasts in candidate elections cannot be limited (as long as the proper disclosure requirements are applied). The supreme court decision was extended to profit corporations, labor unions, and other organizations.
Precept Question: How is Title IX implicated in the areas of transgender student rights and college sexual misconduct policies? What does it mean for agencies to issue bureaucratic "guidance" for these policy areas?
Discrimination on the basis of a person's transgender status or gender identity and sexual misconduct constitute discrimination on the basis of sex, which is prohibited by Title IX. When agencies issue bureaucratic "guidance" for these policy areas, they send letters to educational institutions receiving federal funds in order to clarify what policies these institutions must abide by in order to be in compliance with Title IX and keep their federal funding.
Precept Question: What were FDR and Hoover's competing visions for the role of the federal government during the Great Depression? In what ways did the success of the New Deal fundamentally expand the executive branch?
Essentially, FDR had a vision of a large and involved federal government that worked tirelessly to provide relief to those who required it. In fact, he felt that that was the federal government's duty, especially if there came a time where society or the State government couldn't do so. He wanted to expand federal power by creating more agencies and growing the bureaucracy. This would accomplish two things: provide public works projects that would better the community and country, and reduce unemployment by creating jobs to carry out these works. On the other hand, Hoover wanted to maintain the current size of the federal government. He believed that the economy would be fixed simply by continuing on with the everyday American way...he felt that eventually the abnormal outside forces shocking the US economy would stop, and it would be pulled out of its rut. If truly necessary, the government could take on additional power briefly, but when its purpose was fulfilled then this power was to be returned to the states and people. He was heavily against permanently increasing government. The New Deal expanded the executive branch in two main ways. First, the Executive Office of the President was established to provide FDR with the staff and support necessary to design and craft legislation. In addition, FDR demonstrated the expanded roles that a president may assume. Beyond acting as chief executive, FDR filled the shoes of chief legislator in writing an array of public works and agency programs that he believed could save the economy and people of the United States. Both undertakings were successful and led to the expanded executive power that remains today.
True or False: Americans pay attention to whatever news is provided to them.
FALSE: Americans tend to only pay attention to news that affects them.
True or False: •Any given level of support for policy change is more likely to be reflected in policy outcomes than is an equivalent level of support for keeping the status quo. (Gilens)
FALSE: Any given level of support for policy change is LESS likely to be reflected in policy outcomes than is an equivalent level of support for keeping the status quo. In fact, when 3 out of 4 Americans support a policy change, that change occurs about 39% of the time, but when 3 out of 4 Americans oppose a policy change, that change is rejected about 78% percent of the time. However, this may be kind of beneficial for it prevents policy from shifting too frequently or in response to small changes in public preferences.
True or False: Legislative dominance is easier when agency is part of an interest-group environment than when it's part of client environment
FALSE: Legislative dominance is easier when agency is part of a client environment than when it's part of an interest-group environment For example, Congress dominates Social Security because Its tasks are clear, and because most people want Social Security benefits, so there's no conflict. However, city council has trouble dominating a police department because its tasks are hard to manage, and because city councilors have to balance the competing demands of rival groups who feel strongly for or against police activity Example: Mothers Against Drunk Driving wanting police to crack down on motorcyclists against the Civil Liberties Union, who rejects that crack down - councilors have to balance the competing demands of those two groups In addition, competition is an incentive to boost profits for private businesses; if one location outperforms another, it will make more money. On the other hand, competition is not an incentive for public agencies, since profits all go to the same place regardless.
True or False: All Americans are rationally ignorant about politics (the degree of ignorance varies).
FALSE: MOST Americans are rationally ignorant about politics (the degree of ignorance varies), but there is a small but important portion of the public that pays great attention to politics and is well informed about it. These people are heavily exposed to elite discourse about politics.
True or False: Statistics show that median-income Americans fare slightly better than the poor do when their policy preferences diverge from those of the well-off. (Gilens)
FALSE: Statistics show that median-income Americans FARE NO BETTER than the poor when their policy preferences diverge from those of the well-off. When the views of low and middle-income respondents differ from those of more affluent Americans, government policy appears to be fairly responsive to the well-off and virtually unrelated to the desires of low- and middle-income citizens.
True or False: •The link between preferences and policies is stronger for lower-income Americans than for the rich, which is reflective of the influence of this subgroup of the public over policy outcomes (Gilens Reading).
FALSE: The link between preferences and policies is stronger for HIGHER-income Americans than for the poor, which is reflective of the influence of this subgroup of the public over policy outcomes.
True or False: The moderately aware are least susceptible to political influence.
FALSE: The moderately aware are MOST susceptible to political influence.
What does FDR argue in his Call for Federal Responsibility?
FDR proposes the New Deal; he wants an expansion of the federal government/bureaucracy to create more government jobs, thus helping unemployment rates. He believes that the primary job of government is to protect the welfare of its citizens
Federalist Paper #78
Federal courts are utterly dependent on key actors of other branches Addresses: How to constitute the judiciary: ■ Ensures steady and impartial administration of laws ■ Periodical/temporary appointments would be fatal to necessary independence Addresses: The extent of the judiciary in government: ■ Claims the judiciary has no power of the sword or purse ■ No direction over wealth of society; has neither force nor will but merely judgment/ must depend on aid of executive branch for efficacy of judgement ■ Weakest department of power Addresses: No legislative act contrary to the constitution is valid: ■ "the courts were designed to be an intermediate body between the people and the legislature in order, among other things, to keep the latter within the limits assigned to their authority."
Precept Question: In Federalist 78, what leads Hamilton to make the argument that the judiciary would be the least dangerous branch of government?
Federalist 78 focuses on the lack of judicial independence and the judiciary's inability to form policy and the lack of power to implement. Antifederalists worried that judges could use their freedom of interpretation to expand power at the expense of the state but Hamilton argued federal courts are utterly dependent on key actors of other branches
In "Bureaucracy: What Government Agencies do and Why They Do It," what does James Wilson say about bureaucracies compared to private businesses?
He argues that bureaucracies and public agencies are much more difficult to manage than private businesses and agencies because of three constraints that bureaucracies suffer from that private businesses don't have to deal with: (1) Government agencies cannot keep or redistribute the profits of the organization's earnings, even if profits of one agency location are much greater than another location. (2) Government agencies cannot allocate resources to where they want them in order to increase production, since these resources are subject to regulations. (3) Government agencies must serve goals that are not of their choosing (but rather of the legislators').
In Unequal Democracy — Ch. 9, Economic Inequality and Political representation, what does Larry M. Bartels argue about the political voice of the poor?
He argues that every citizen's preferences should count equally, but policy makers in real political systems do not consider citizens as political equals based on socioeconomic status. There are differentiating factors between the wealthy and poor: education, clearly formulated and well-informed preferences, voter turnout, direct connection with public officials, contributions of money and energy to political campaigns, etc. As a result, the Poor are underrepresented because candidates are more focused on what the well-off people want. In conclusion, the views of poor people are VERY UNLIKELY to have a significant direct impact on the behavior of their elected officials, but they do have a powerful indirect effect on public opinion through the electoral process of voting Democrat or Republican. More affluent citizens have significant direct AND indirect effects on the behavior of elected officials (they affect the partisan composition of Congress and have a direct impact on day-to-day policy choices). To go about figuring this out, he explores some theories about this issue: are poor people less engaged in political process, and therefore don't go out to vote (this theory turns out to be false)? Are they not as informed about politics and gov't, and therefore less likely to have established preferences on specific political issues (this theory turns out to be false)? Are they less likely to communicate views with officials because of less personal contact with officials (this theory turns out to be slightly true)? Personal contact does correlate positively with influence, but the apparent effect is modest and only answers a part of the question. Is it because they are able to provide contributions to political campaigns? This gives stronger explanations, but that support is quite indirect and the role of money in shaping public policy clearly deserves much more careful empirical examination. ● ***The correlation between public opinion and elite opinion may reflect conscious efforts by elites, interest groups, or policy makers to shape public opinion in support of their views. Or, it might reflect the patterns of political recruitment and advancement that put some kinds of people rather than others in positions of influence in the first place. The fact that senators themselves are affluent or extremely wealthy is quite relevant to understanding the strong empirical connection between their voting behavior and the preferences of their affluent constituents.
In "Small Change: Why the Revolution Will Not Be Tweeted," what does Malcolm Gladwell argue about social media in political activism?
He argues that social media platforms like Facebook and Twitter give political opinions a platform and can be used as organizing tools for "the powerless to collaborate." He believes that social media activism is built on weak ties with distant acquaintances and strangers. He argues that social networks are great at increasing participation, but at the consequence of decreasing motivation. After all, "the only way you can get someone you don't really know to do something on your behalf" is "to not ask too much of them." Social media activism is good for small change and accomplishing small things because it is adaptable/resilient in low-risk situations, but is not good at organizing the type of high-risk activism seen in the civil rights movement, in which leadership/hierarchy is necessary for organization. For high-risk activism to make a difference, there must be strong personal ties to a movement, which usually comes from knowledge/investment in the cause and from knowing friends/family members that are already involved (for example: Sit-ins during the Civil Rights movement. It was spread from 4 students (who were all great friends, classmates, and roommates) in one diner to 70,000 students all throughout the South, despite constant threat of violence, bombings, etc.).
What are Herbert Hoover's arguments against FDR's proposed New Deal? ("Against the Proposed New Deal," 1932)
Herbert Hoover is against FDR's New Deal, as he believes that a permanent expansion of federal government power is bad and would destroy the foundations of the well-functioning American system. He believes that Americans, not the federal government, are at the core of rebuilding the national economy, and he blames the economic Depression on forces outside of our country
Precept Question: What might influence the Supreme Court's decision to take a case? What are the major interpretive theories that guide how they decide cases once they've chosen to hear them?
How does the Supreme Court choose a case? ■ Ensure uniformity (of the cultural and political landscape of the united states) ■ Decide a major constitutional issue; or a broad issue of public importance ■ Overturn decisions that violate a precedent Major interpretive theories ■ Judicial originality ● Judges should interpret the Constitution as it was understood by those who wrote and ratified it ("original intent," "original meaning," "strict construction," etc.) ● EX: Justice Scalia = looked at the words of the constitution; literally interpreted ● Critics claim this needs to replaced by a new means of interpreting; some parts not applicable to modern society ■ Judicial activism/ liberalism: constitution should be interpreted as flexible, living document in according to accommodate changes in society over time ● "living constitution"
Resistance Axiom
If people see that an argument conflicts with their political predispositions, they tend to resist the argument (But remember, this is only if they understand the political message enough to see the relationship between the two. Elites can avoid this resistance from the people by being selective with the info that they give so that the people can't detect the relationship)
What was the Supreme Court ruling on corporate political spending?
In 2010, the supreme court ruled (5-4) that the government can't ban political spending by corporations in candidate elections. They ruled this on the basis of the first amendment's most basic free speech principle. 8 of the justices agreed that congress can require corporations to disclose their spending and to run disclaimers with their advertisements. Other justices as well as President Barack Obama disagreed with the decision.
Reading: "The 2016 Olympics Delivered"
In summary, the article credits the passage of Title IX and its protections for female athletes with the excellence of U.S. women in international sports. In addition to incredible victories by U.S. women in a range of sports, there were many stereotype-defying firsts in the 2016 Rio de Janeiro Olympics: ● first black American woman to win an Olympic medal ● first American to compete wearing a hijab ● first gold medal in women's wrestling ● 45% of all 2016 US competitors were women, much higher than ever before, and many of those U.S. women athletes are mothers
Response Axiom
Individuals answer survey questions by averaging across the considerations that are immediately salient or accessible to them
What does this article say about campaign finance reform?
It says that campaign finance reform was a weak tool for reducing partisan polarization. Parties put the highest priority on winning elections.
In "La Raja, Ray and Brian Schaffner Campaign Finance and Political Polarization: When Purists Prevail," what is the main argument about political campaigns?
Main argument: Campaign ideals are impacted by financiers. Financially strong party organizations should reduce party polarization because it is their primary objective to win elections. The introduction of party-friendly campaign finance laws would moderate the distancing of the major political parties in congress and the states. Although laws fail to stop the flow of money into politics, they do affect the channels through which it flows. ○ "Policy gridlock exacerbates wealth inequality through a basic failure to adjust policies to new economic and demographic realities" ○ Super PACs (political action committees) lack transparency and accountability ○ Two conceptions of political parties - insiders and outsiders ■ Insiders: their objective is to use the party committee to win elections in order to pursue majorities in government to gain power to reward supporters (aka pragmatists, typically are party organizations) ● Anthony Downs theory - economic theory of democracy - party teams move toward the median voter to maximize electoral opportunities ● Edmund Burke: members mostly agree about the concerning or policy direction of the party - insider party has significant bargaining advantages over narrowly backed interest groups ● John Aldrich - party comprises ambitious office holders who campaign on their own individualistic terms - can pursue their own set of issues in getting reelected and also can use campaign services offered by party organization to help mobilize electorates ■ Outsiders: greater attention to the role of interest groups and activists in parties ● Goals typically ideological, ranging from high-minded idealism like protecting the environment or the unborn, to material self-interest like pushing for pro growth policies that serve particular business interests ● Standoff between activists of different sides leads to strife in the political system ● Necessity acts as the glue that holds the groups together ○ Article argues there are flaws to both sides: "Our difference with the pure outsider perspective is that factions might have overlapping political goals, but the coalition is fraught with tension which strains the direction of the party" ○ In Candidate-centered politics, candidates become more polarized in order to get financial support from different groups ○ Many states have allowed corporations, unions, PACs and individuals to contribute unlimited sums of money to party organizations, while others have set limits
what does Steven Teles argue about American "kludgeocracy?"
Main idea of this article: Americans need to acknowledge that our government is a "kludgeocracy" (which means that America's policies are too unnecessarily complex) and give a name to it. It is possible to get to a government that is simpler, more effective, and better for democracy. ● The next decade of American politics will see more attention on the substantial amount of government action that redistributes resources upward to the wealthy and the organized, to the disadvantage of the poorer and less organized ● Kludge definition- "an ill-assorted collection of parts assembled to fulfill a particular purpose...a clumsy but temporarily effective solution to a particular fault or problem." ● "Clumsy but temporarily effective" also describes much of American public policy
What is problematic about Jeannie Suk's argument against Title IX's interpretation of "sex"?
Main idea: Jeannie Suk contends that the court's ruling of discrimination by gender-identity as a breach of Title IX is a "surprising" and "new" interpretation of the law. In the letter from the judiciary explaining the ruling, they point out that gender and gender-identity fall under the same definition as "sex" when it comes to Title IX. Therefore, discrimination by sex includes discrimination by gender identity. Suk argues this interpretation by stating that the fear of attacks and harassment from males is the root of disagreement with the law. But in suggesting that a person with one set of sex organs may feel uncomfortable in the same bathroom as another with different sex organs, Suk is ignoring the fact that harassment and assault can be directed from anyone to anyone, despite having the same sex organs. In addition, the author makes comments ascribing sex organs as male only and female only. This effectively says that anyone having a certain sex organ must be of certain gender, which is problematic because it invalidates the existence of all trans-individuals who may have male sex organs and consider themselves female and vice-versa
Precept Question: What is the theory of non-delegation, and how might we argue that our administrative state runs afoul of it?
Non-delegation is the theory that one branch of government must not delegate any of its duties to another branch of government. The administrative state does not abide by this theory though, as Congress has authorized administrative agencies (which are part of the executive branch) to carry out some of the powers originally given to Congress itself.
What are the 4 Stylized Models of Responsiveness? (Gilens Reading)
Non-responsive, Perfectly responsive majoritarian, Very responsive w/ status quo bias, Fairly responsive w/ status quo bias
Persuasive Messages vs. Cueing Messages
Persuasive messages give actual reasons for taking a position or point of view; if they're accepted by an individual, they become considerations. Cueing messages give "context" about the implications of a persuasive message.
How do Rosenberg and Keck view the effects of early litigation in favor of gay marriage? What role does "backlash" play?
Rosenberg adopts an incremental strategy: accept the standard but argue about the lack of equality (like the NAACP does) or settle for civil unions first before marriage Backlash plays a role in that the Defense of Marriage Act & 45 states adopted measures against same sex couple marriages, so there were lots of legal barriers. a) Direct effects: i) Rosenberg: Rosenberg saw the effects of early litigation in favor of gay marriage as an instance of showing that "constraints on the court can be overcome (because of high public support) and that litigation can produce change" (350) especially after the Goodridge case in Massachusetts where Goodridge was overturned. With this case being overturned it was now legal to marry only in Mass. at the time (not recognized by the federal gov. or other states). (1) Pros: Early litigation in Hawaii, Vermont, & Mass. paved the way for civil unions in New Jersey, New Hampshire, & Connecticut. Domestic partnerships with all rights in California & Oregon and limited rights in Hawaii, Maine, and Washington. b) Indirect Effects: i) Media coverage (1) Increased media coverage possibly led to more public support for same sex marriage, which might lead to political and legal change (2) litigation = capturing national attention ii) Public Opinion (1) Opinion for same sex marriage did not necessarily increase due to litigation. Opinion did not substantially increase before the Hawaii, Mass, and Vermont decisions (2) However after the Goodridge decisions- support for civil unions increased. Why? (a) Because time is changing. Not necessarily because of litigation but because of the culture iii) Political Mobilization (1) Same sex litigation mobilized activists and same sex couples to advocate for the win of same sex marriage (2) Mobilized same sex supporters to act for laws to pass legalizing same sex marriage (3) San Fran in 2004 issued 4000+ license to same sex couples and the supreme court deemed it void in Lockyer v. City and County of San Fran. because it violated state law (4) Has also mobilized opponents- Focus on the Family (a) Amendments to ban same-sex marriage (b) 27 states by 2006 banned same sex marriage (c) DOMA- Defense of Marriage Act- same sex couples denied federal benefits given by marriage (d) Direct cause of congressional legislation denying federal rights given to same sex couples (e) 45 states limited marriage to hetero couples (f) Political backlash played a role in the 2004 elections c) Backlash- In Rosenberg in the Goodridge case, the political decision to overturn Goodridge and support same sex marriage survived political backlash i) Key takeaway: Lots of political support to protect same sex marriage from backlash= implementation is not a problem d) If the goal is to improve same sex couples lives then litigation is positive. But if the goal of litigation was same sex marriage then little has been done and many obstacles have been created
Precept Question: Why does Gerald Rosenberg argue that the courts are not effective drivers of social and policy change? Are you convinced? How might you challenge his narrative?
Rosenberg argued that the courts are not effective drivers of social and policy change because the courts are limited in their ability to reform unless there is significant support for the change in other bodies of government such as Congress that will help enforce the courts' decisions or unless the political, social, and economic conditions have already become supportive of change. In order for the courts to be effective, Rosenberg argues that there are four conditions, and these conditions are often not met. Condition 1: Courts may effectively produce significant social reform when other actors offer positive incentives to induce compliance. Condition 2: Courts may effectively produce significant social reform when other actors impose costs to induce compliance. Condition 3: Courts may effectively produce significant social reform when judicial decisions can be implemented by the market. Condition 4: Courts may effectively produce significant social reform by providing leverage, or a shield, cover, or excuse, for persons crucial to implementation who are willing to act. Rosenberg argues that the conditions will seldom be present because the courts are limited by the limited nature of constitutional rights, the lack of judicial independence, and the judiciary's lack of powers of implementation (35). For further details on the conditions, see pages 33-36 of The Hollow Hope. One way to challenge this narrative is to argue that precedent is important, and even if the courts do not have a lot of power of enforcement, it is still helpful to have a definitive ruling that supports a new social change because it can encourage more change later.
In Kinsley's "Citizens United Got it Right," what does Kinsley argue that the solution to the influence of money in politics is?
Short, conservatively written article that summarizes court rulings that I discussed before. The author adds at the end that the solution to the influence of money in politics is to "make money a voting issue". He feels that politicians should think: "will this money buy me more votes than it will cost me?"
What are the two main differences between the two patterns of organization (pressure politics and party politics)
Size and Scope 1. Pressure groups are small-scale while political parties are very large-scale organizations. 2. The outcome of the political game depends on the scale on which it is played.
Doe v. Bolton (1973)
Supreme Court held Georgia abortion laws - prohibiting abortions except where "pregnancy would endanger the life of the pregnant mother or would serious and permanently injure her health" - to be unconstitutional
Roe v. Wade (1973)
Supreme Court held unconstitutional Texas laws prohibiting abortions except for "the purpose of saving the life of the mother"
Baehr v. Lewin (1993)
Supreme Court ruled that Hawaii's refusal to recognize same sex marriages without just cause was unconstitutional and violated guarantee of equal protection There was a tremendous backlash from this case - anti-same sex marriage people mobilized and proposed an amendment that would limit marriage to heterosexual couples only. In 1998, the amendment was ratified and this case was overturned along with Baehr v. Mike. Same sex couples agreed to a reciprocal beneficiaries law instead, which gave them limited claim to their partners inheritance in case of death
True or False: Americans who possess almost no current information about politics are barely ever affected by the effects of exposure to elite discourse
TRUE
True or False: Democratic responsiveness implies a positive association between the level of public support for a policy and the likelihood of that policy being adopted (Gilens Reading).
TRUE
True or False: Not only do most Americans not know much about political events, but they also quickly forget whatever they do find out.
TRUE
True or False: People who are more politically aware are more selective about the "information" that they internalize — which is to say, they will be more likely to reject ideas that are inconsistent with their values.
TRUE
True or False: Lupe and Pontusson contend that a key determinant of redistributive policy is whether middle-income voters align with the poor (in favoring greater redistribution) or the affluent (in opposing it). (Gilens)
TRUE When the income distance between the median income and the poor is small relative to the distance between the median and the affluent, middle-income voters tend to align with the poor and push policy toward greater redistribution. When the median income is relatively farther from that of the poor and closer to the affluent, the middle class will tend to align with the affluent and push policy in a less redistributive direction.
True or False: Elites don't determine people's political predispositions.
TRUE: Elites don't determine people's political predispositions; predispositions determine people's responses to elite information. Political values has the biggest effect on mass opinions.
True or False: When preferences between the well-off and the poor diverge, government policy bears absolutely no relationship to the degree of support or opposition among the poor. (Gilens)
TRUE: In these situations, government policy is only affected by the amount of support/opposition the well-off give
Reading: 2017 President's Budget (pp. 1-13)
The Budget Message of the President ● The budget is about looking forward and making sure economy works for everybody, not just those at the top ● Budget makes critical investments while adhering to the bipartisan budget agreement the president signed into law last fall ● Focuses on meeting the greatest challenges ● First, by accelerating the pace of American innovation, jobs can be created and the economy can build on the future while tackling greatest challenges, like climate change and finding new treatments and cures for devastating diseases ● America must foster the spirit of innovation to create jobs and protect the planet ○ Budget funds Mission Innovation- landmark commitment to double clean energy research and development funding ○ 21st Century Clean Transportation initiative that to help put hundreds of thousands of Americans to work modernizing our infrastructure ● Second, must work to deliver a fair shot at opportunity for all ○ Begins with education ○ Children should have access to high-quality preschool ○ Higher education is the clearest path to the middle class ○ Prepare students for careers, help workers gain the skills they need to fill jobs in growing industries ○ Help families move to safer neighborhoods with better schools and more jobs ● Finally, must strengthen national security and global leadership ○ Cybersecurity
Precept Question: What is the relationship between the Civil Rights Act and affirmative action policy, and what are some of the arguments for/against its legality?
The Civil Rights Act includes provisions in Title VI and VII that prohibit discrimination based on characteristics such as race and ethnicity. Affirmative action is viewed in the spirit of the Civil Rights Act as a necessary means to promote the goals of the Civil Rights Act. Arguments for the legality of affirmative action include that there must be specific processes that help resolve the situations that the Civil Rights Act touches upon only broadly. Arguments against its legality include that affirmative action was not written into the Civil Rights Act, and part of Title VII of the Civil Rights Act is against preferential treatment (and one could argue that affirmative action gives preferential treatment to minorities.
In "Why We Lost the ERA, Chapter 11" what does Jane Mansbridge argue about the ERA?
The ERA was stopped by state and local-level demonstrations which convinced state legislators that passing the ERA would be more trouble than it was worth. State legislators are uniquely placed to respond to constituents' concerns, so more attention should be paid to them. In regards to state legislators and the ERA, this was accomplished through three things: ■ Selecting legislators (more likely to be male, chauvinist, conservative, etc.) ■ Selecting information (assume that the most vocal voices and individuals who come in to speak with them represent their entire district, i.e. evangelist protests are loud but pro-ERA activists are not) ■ The "Trustee" Theory → legislators do what they need to do to both support long-run community interests (not present passions) and to get re-elected (opponents contribute money at state-level, donate, etc.)
Why do women continue to face discrimination in sports even though there is a law prohibiting it?
The Office for Civil Rights allows cases of suspected discrimination against women's sports programs on college campuses to drag on for years, long after the affected athletes have graduated. The office routinely asks schools to investigate themselves and to develop their own plans for fixing problems. Any school that is found to be violating Title IX risks losing its federal funds; however, that punishment has never been used since Congress passed the law in 1972, and no case of suspected discrimination against female athletes has ever been referred to the Justice Department for additional action. In summary, although Title IX enforcement is at its highest level ever, few cases are investigated and even fewer are meaningfully punished.
Precept Question: What is the Supreme Court's current position on affirmative action in education? When is it constitutional and when isn't it?
The Supreme Court currently finds affirmative action in education to be constitutional and supports student body diversity as an acceptable and important goal in educational institutions because it enriches the educational experience. Affirmative action is constitutional when race is ONE aspect (out of many) that is considered when admitting students and the school has a "compelling interest" in shaping the diversity of the student body. But Affirmative action is not constitutional when race is the ONLY factor for admission, such as if schools try to fill race quotas or something.
Reception Axiom
The greater a person's level of cognitive engagement with an issue, the more likely he or she is to receive and comprehend political messages concerning that issue.
Accessibility Axiom
The more recently a consideration has been called to mind, the more quickly people can remember it
In "Colleges Spending Millions to Deal With Sexual Misconduct Complaints," what is the main argument concerning Title IX?
The number of Title IX employees on campuses nationwide is rapidly growing because of increasing sexual misconduct complaints, especially in colleges. This expansion of Title IX bureaucracies is driven by pressure from the federal government, which puts out policy directives about sexual misconduct on campuses. Over 200 universities are under federal Title IX sexual misconduct investigations, up from 55 two years ago. A national association of professors said that this is starting to infringe on academic freedom, by beginning investigations into faculty lectures and essays. This expansion is also driven because the bar for what constitutes sexual misconduct has been lowered from what it was for previous generations.
Precept Question: What are some of the persistent complications inherent in our system of bureaucracy?
The principal-agent problem is a huge issue in the bureaucratic system. The principal (Congress) may enact legislation that does not align with the agent's (public agencies) interests. The agencies may want to come up with rules and regulation that specifies this legislation to suit their needs. However, this does not always fulfill the original intent that Congress had in mind. Congress can address this by punishing agencies, or getting them "in trouble" since they are publicly funded. When not behaving as Congress intended, funds can be put on the line. Another complication is poor efficiency. As mentioned in the third reading, agencies do not have an incentive to provide perfect service. Do to this, services provided may not be incredible or fast. Speed is an important issue, since everything that an agency done is watched by Congress. So, if an agency wants to hire or fire or move buildings, there are a ton of different steps and levels they must go through to get approved.
What is the phenomenon that comes about when contrasting the Constrained Court and Dynamic Court views?
The thrust of the Dynamic Court view is that its competitor oversimplifies reality by understating court effectiveness. However, it appears the Dynamic Court view likewise oversimplifies, by overstating court effectiveness.
In "Can the Democrats Catch up in the Super-PAC Game?", what did the article discuss?
This article discussed the journey of two democrats, Burton and Sweeney, started a Super PAC for Obama's re-election in 2012. Republicans were way ahead of the Super-PAC game, according to this article, and the democrats were trying to catch up. A Super-PAC is political action committee that can receive unlimited donations from individuals, corporations, and unions. These organizations typically launch tons of attack ads against the opposition. Super PACs were made possible by the Citizens United ruling. "Though Presidential campaigns and their supporting super PACs are forbidden to communicate with one another, a division of labor was mutually understood." Typically super PACs would attack the competition while the presidential campaign would launch supporting ads etc of the supported candidate.
In Lithwick's "Sesame Street Meets Groundhog Day: The Supreme Court Considers Affirmative Action at the University of Texas--Again," what was the main topic?
This was an article about the Supreme Court considering affirmative action at the University of Texas again. The article basically details the back and forth among Supreme Court members and how they cannot decide on the affirmative action issue. ● Example: "This is how the argument plays: Talk about numbers, but don't use numbers; talk about race, but don't use race. "You're stereotyping!" "No, you're stereotyping!"" (p. 2) ● Basically since we can't even have an open conversation about racial discrimination, we can't take the necessary steps to get rid of it
Precept Question: What does Title IX of the Education Amendments of 1972 stipulate, and what obstacles did the relevant administrative agencies encounter in the implementation process?
Title IX prohibits gender discrimination in education or activities receiving Federal financial assistance. The relevant administrative agencies had to translate this stipulation into concrete rules that could be enforced, which was certainly not easy. For example, these agencies were the ones to decide that this applied to unequal spending on men's and women's sports teams by universities.
What's the story of Women's Education rights and Title IX?
Title IX was part of the Education Amendments to 1972. Edith Green brought attention to women's rights initially by making an analogy with discrimination of blacks by race. Shortly after, Senator Birch Bayh of Indiana (D) started support for the bill that later became Title IX. While it became obvious that there was still discrimination against women, it was a difficult problem to agree on and tackle. Basically, women went through the same discrimination as blacks. And just like black people were taught by white society that they are inferior, females were taught by the male-dominated society that is America that they are inferior. They were taught that they're childish, emotional, weak, irresponsible, and of lower intelligence compared to men. ● Separate but equal is not equal (for blacks)...and what about for women? ● Questions on dorms, bathrooms, athletics, certain classes ● Before passed athletics was an issue, especially football - should women be able to play? And if so, should they integrate and play with men or should there just be a women's only football? ○ Bayh explained that he did not intend for radical measures e.g. sex desegregation of football or dormitories ○ He wanted equal opportunity for the education process and extracurricular opportunities ● While not advocating for these major changes, Bayh noted that language was taken directly from Title VI of the Civil Rights Act of 1964 ● Sports regulations finally determined in 1975 ○ Separation of sports activity allowed when based on skill difference or contact level
Do Title IX protections differ for transgender students?
Title IX's protections extend to transgender students; they must be treated the same as other students with the same gender identity. According to Title IX, schools receiving federal funds must not discriminate on the basis of sex. Schools receiving federal funds must provide a "safe and nondiscriminatory environment" for transgender students; use the pronouns and names that the student wishes (even if their ID documents indicate a different name and/or sex), allow transgender students to participate in activities and access facilities consistent with their gender identities, including restrooms, locker rooms, athletics, and housing; and protect the students' privacy related to their transgender status.
Precept Question: What did the Supreme Court decide in its three recent gay marriage cases?
United States v. Windsor (2013) i) Restricting federal interpretation of "marriage" and "spouse" under the DOMA act to opposite sex (hetero) couples is unconstitutional under the Due process clause of the 5th amendment ii) 5-4 decision Hollingsworth v. Perry (2013) i) Several federal court cases that legalized same sex marriage in California ii) Found it unconstitutional to ban same sex marriage because it violated equal protection under the law iii) 5-4 decision Obergefell v. Hodges (2015) i) 5-4 decision that the right to marry is guaranteed to same sex couples under the due process clause and the equal protection clause under the 14th amendment ii) Overturned Baker v. Nelson and requires that all states need to recognize and give licenses to same sex couples
What does Bartels say about unequal democracy?
Who Governs? ● "In a political system where nearly every adult may vote but where knowledge, wealth, social position, access to officials, and other resources are unequally distributed, who actually governs?" —Robert Dahl ● Political leaders respond significantly to the policy preferences of millions of middle and upper income citizens —> polyarchy ● debilitating cycle of economic and political realms: increasing economic inequality may produce increasing inequality in political responsiveness, which in turn produces public policies that are increasingly detrimental to the interests of poor citizens —> public policies that are detrimental to poor citizens, etc. ● elections do not force elected officials to cater to the policy preferences of the "median voter" ○ whoever makes a successful claim to have won n election is who is actually governing ● specific policy views of citizens, whether rich or poor, have less impact in the policy-making process than the ideological convictions of elected officials Political Obstacles to Economic Equality 1. people are confused about what is in their own interest 2. American perceptions of economic and social reality are strongly colored by their political predispositions 3. there are also significant partisan differences in attributions of responsibility for national economic conditions 4. political pressure for redistribution is curtailed by the increasing social isolation of winners and losers in the free-market economy of the New Gilded Age ○ As economic inequality increased in the US after 1970, economic segregation increased as well (migration to suburbs vs. cities) 5. class divide in contemporary America is exacerbated by issues of race and ethnicity and racial resentments ● The legacy of inequality and the present reality of inequality are pervasive and powerful ● Most important lesson of this book according to the author: politics matters. Especially during rise of economic inequality, and America must make the choices towards process
Stylized Models of Responsiveness - Fairly responsive w/ status quo bias
even policies with near unanimous opposition are sometimes adopted, but the status quo bias responds strongly to very unpopular and very popular policies. As support declines further below 40%, the chances of a policy being adopted diminish. Likewise, as support grows above 60%, the chances increase.
Stylized Models of Responsiveness - Very responsive w/ status quo bias
government policy is strongly related to public preferences but with a substantial bias toward the status quo. Policies that lack majority support are never adopted, but policies favored by a majority of citizens are adopted only 70% of the time
What does Rosenberg argue about litigation regarding gay marriage?
looks at four different litigation cases regarding gay marriage and how these cases changed the nature of the LGBT movement and how it was receptive on the federal, state, and local levels: Baehr v. Lewin (1993), Baehr v. Mike (1996), Baker v. Vermont (1999), and Goodridge v. Department of Public Health Rosenberg Argument: Litigation was the wrong move because litigation provided extensive backlash politically (legally-legislation created to prevent marriage between same sex couples) and publicly (2004 elections one of the great issues that caused people to mobilize was moral issues and to vote for Bush) Ultimate conclusion: We cannot rely on court support public and political support because they will not achieve change and will set their cause back
What is the Dynamic Court View?
maintains that courts can be effective producers of significant social reform. Not only are courts not as limited as the Constrained Court view suggests, but also, in some cases, they can be more effective than other governmental institutions in producing significant social reform. So the Dynamic Court View is in direct conflict with the Constrained Court.
Constrained Court View
maintains that courts will generally not be effective producers of significant social reform for three reasons: the limited nature of constitutional rights, the lack of judicial independence, and the judiciary's inability to develop appropriate policies and its lack of powers of implementation.
What are the conditions for court efficacy?
o Constraint 1 can be overcome: When there is ample legal precedent for change o Constraint 2 can be overcome: When substantial numbers in Congress and the executive branch is supportive of the claims of reformers o Constraint 3 can be overcome: When there is a general political climate in favor of significant social reform o Courts may effectively produce significant social reform when one of these conditions is met (in addition to the three constraints being overcome): Condition 1: other actors offer positive incentives to induce compliance. Condition 2: other actors impose costs to induce compliance. Condition 3: judicial decisions can be implemented by the market. Condition 4: Courts provide leverage, or a shield, cover, or excuse, for persons crucial to implementation who are willing to act with court orders. • If Constraints 1 and 2 and 3 are overcome, and at least one of the conditions is present, then courts may effectively produce significant social reform.
Stylized Models of Responsiveness - Perfectly responsive majoritarian (Gilens Reading)
potential policy changes with majority support are always adopted while those lacking majority support are never adopted
American politics tests two contrasting kinds of politics: ___________ and ____________.
pressure politics and party politics
What is Title VII?
prohibits discrimination in employment (compensation, terms, conditions, or privileges of employment) based on an individual's race, color, religion, sex, or national origin
What is Title VI?
protects people from discrimination, denied participation, or the benefits of any program or activity receiving Federal federal assistance based on race, color, or national origin.
What are some issues in which usually the well-off and the poor disagree? (Gilens)
stem cell research, gay rights, abortion, market-oriented reforms of Social Security and Medicare
Opinion Leadership Thesis
the belief that polarization could have come about from opinion conversion, that is, existing Democrats becoming more racially liberal and existing Republicans becoming more racially conservative. Basically it's polarization from already existing Democrats and Republicans becoming racially liberal/conservative
Stylized Models of Responsiveness - Non-responsive (Gilens Reading)
the probability that a policy change will be adopted is unrelated to the percent of the population favoring change
Party Conversion Thesis
the thesis that mass polarization along party lines could have come about from a reshuffling of party loyalties, with racial liberals flocking to the Democratic Party and racial conservatives moving over to the Republican side. Basically it's racial liberals and conservatives moving to their respective parties
What are some of the arguments for and against having limits on campaign contributions?
○ Article discusses the supreme court decision to alter campaign finance law by abolishing some limits on campaign finance, and it shows opinions in favor and opposed. ○ Arguments in favor of decision to abolish campaign limits ■ "Limiting how the government can justify laws said to restrict the exercise of First Amendment rights in the form of campaign contributions ■ Chief justice, "The government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse" ■ Government should not try to level the playing field ○ Arguments against decision to abolish limits ■ "Where enough money calls the tune, the general public will not be heard" Justice Breyer ○ Cases leading to this ■ McCutcheon v. Federal Election Commission - Mr. McCUtcheon contributed $33,000 to 16 candidates and wanted to give $1,776 each to 12 more but was stopped by overall cap for individuals ■ Buckley v. Valeo - lead to 1976 campaign finance decision - "independent spending is political speech protected by the first amendment, but individuals may be capped in the name of preventing corruption" ○ The decision will likely increase overall campaign spending, but could rechannel some of it away from super PACs and toward candidates and parties. The decision however, still continues to ban direct contributions by corporations and unions
What does Beverly Gage say about Wall Street protests?
○ Protests take aim at those who abused their powers on Wall Street to cause the financial crisis but are also a focal point for protests concerned with income inequality, social reform, etc ○ Long history of nonviolent protest
What is Epp's 4-part structure?
○ Rights advocacy organizations (i.e. NAACP, NOW [National Organization of Women's Rights]) ○ Development of the legal profession (increasing number of lawyers practicing in law firms allowed for specialization and legal training in law schools as well as making the profession more accessible to the people) ○ Increased funding (development of more groups and foundations; donors played a big part in this ○ Federal government involvement (Increased willingness on behalf of the justice department) In aggregate, this enables new civil rights, criminal rights (ex: Miranda rights) to it on docket and enables litigation support over time
What do Skocpol, Theda and Vanessa Williamson say about the Tea Party?
○ The Tea Party (right-wing activism) functions through three forces ■ Grassroots activism (demonstrations and local organizations) ■ Right-wing media cheerleading (Fox News, radio shows, social media, etc.) ■ Money and ideas wielded by elite political operatives (funnel money into Republican campaigns and officeholders) ○ Tend to be Christian whites aged 45 and older ○ Oppose regulations on things like business and guns but favor regulations on things like immigration, marriage, etc. ○ Strongly oppose social welfare programs, although many themselves receive government benefits → feel that THEY have earned them, but others (minorities, immigrants, young people) are "freeloaders" ○ Radical conservatism that is not popular with most Americans, but pushes the GOP to "uncompromising standards" and gains media coverage for dramatic events
What is the argument about the "Black Lives Matter" slogan?
○ The slogan lumps different activist groups together as one, even if they don't have much in common and rely on totally different methods ○ The disconnection of the movement and the fact that anyone can use the name causes complications → some (esp. Republican candidates like Chris Christie) equate the movement to the violent actions/ideals of a few to constitute the entire movement
How did Title IX pass?
○ Women's rights benefited from cover by the black Civil Rights Movement ○ People were more concerned with other issues (such as busing to force segregation of schools) ○ People did not pay close attention to women's rights, so no one really cared to fight it
What does Klarman argue about the racial struggle for equality and desegregation?
● Although there were many forces for racial change by the early 1950s (migration of blacks from the South to the North, the emergence of a black middle class, the start of some changing American racial attitudes), there had not yet been dramatic changes in southern racial practice. ● "Segregation of public grade schools lay near the top of the white supremacist hierarchy of racial preferences" even into the 1950s. Therefore, if the Supreme Court invalidated it, it would cause "far greater controversy and resistance than" other court decisions like desegregating interstate transportation. ● Five cases (from Kansas, Delaware, D.C., South Carolina, and Virginia) that challenged the constitutionality of public school segregation went to the Supreme Court in 1951-1952 as part of Brown v. Board of Education. ● There was a lot of discussion and disagreement that occurred when the Court was deciding. Their discussions related to the tension between what the law states and the dynamics of politics. ● May 1954: The court declared racial segregation in public schools unconstitutional in Brown v. Board of Education. Segregation schools were "inherently unequal" and violated the Equal Protection Clause of the Fourteenth Amendment.
What does Silverstein say about political and judicial structures of America?
● Argues that political and judicial structures of America are inherently linked ● Juridification ○ Efforts to legalize, formalize and proceduralize and strip away ambiguities of constitution- replace with unambiguous rules and automated default procedures ○ the degree to which areas of social life once free of laws, rules and statutes are increasingly controlled by a profusion, and overgrowth of such things
Precept Question: What is the basic structure of our federal court system? Who created it, and under what authority?
● Basic structure ○ Supreme Court (highest) ■ Number of justices determine by congress ■ No specific qualifications required by constitution: age, residency, etc. ○ Court of appeal (intermediate) ■ Intermediate level of the federal system ■ 12 regional "circuit courts" including DC court ■ No original jurisdiction, officially appellate court ■ Appellate courts often end of the road; SC really only takes max of 100 cases a year ○ District courts (lowest level) ■ Original jurisdiction ● Created by the constitution: ○ Article III, Section 1 establishes 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" ○ Article III, Section 2 differentiates the different level of the court: "Cases and Controversies" "Original" v. "Appellate Jurisdiction"
Baker v. Vermont (1999)
● Courts held that the state refusal to issue gay marriage licenses denied the couple marriage benefits protected under the Common Benefits Clause of the vermont Constitution-- courts gave the legislature a short time to correct this ● Outcome and solution: civil unions
Gratz v. Bollinger (2003)
● Gratz and Hamacher applied to the University of Michigan's College of Arts and Sciences and were both denied, although they both had scores that qualified them for admission. ● The Office of Undergraduate Admissions considered many factors in admissions (high school grades, standardized test scores, etc.), including race. In the guidelines, every applicant from an underrepresented racial or ethnic minority group was automatically awarded 20 points of the 100 needed to guarantee admission. ● Gratz and Hamacher argued that the University's admission policies violated the Equal Protection Clause of the 14th Amendment. ● The Supreme Court declared the University's use of race in its admission policy "is not narrowly tailored to achieve respondents' asserted interest in diversity" and so it violated the Equal Protection Clause and Title VI of the Civil Rights Act.
Grutter v. Bollinger (2003)
● Grutter, a white Michigan resident with a 3.8 GPA and 161 LSAT score was denied admission to the University of Michigan Law School. She alleged that she had been discriminated against on the basis of race, violating the Fourteenth Amendment. ● The U of M Law School admissions policy focused on academic ability and typical application materials including essays, test scores, and letters of recommendation, but they also looked at "soft variables." The school said that they seek to achieve "student body diversity." Diversity is not defined solely in terms of race and ethnicity, but the school does value it. ● The Court found that the school's "narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining educational benefits" did not violate the Equal Protection Clause of the Fourteenth Amendment. ● The Court emphasized that a compelling interest in having a diverse student body is allowed, but it would be unconstitutional to fill quotas based on race or admit students solely because of their race. ● In this case, the Court stated that they expected the use of racial preferences to not be necessary 25 years from now. But that continues to be debated by the courts, even as recently as 2016.
Precept Question: The Constitution does not give the courts the power of judicial review. What is judicial review, and where does this power come from?
● Judicial review is the power of the courts to overrule state-made laws they find to be violations. It was derived from the Supreme Court Case ruling Marbury v Madison (1803)
Baehr v. Mike (1996)
● Ordered the state of Hawaii to issue same-sex marriage licenses There was a tremendous backlash from this case - anti-same sex marriage people mobilized and proposed an amendment that would limit marriage to heterosexual couples only. In 1998, the amendment was ratified and this case was overturned along with Baehr v. Lewin. Same sex couples agreed to a reciprocal beneficiaries law instead - which gave them limited claim to their partners inheritance in case of death
What does Nolan McCarty argue about political inequality?
● Political inequality drives economic ineqality, not the other way around ● the new normal in American politics: heightened political sensitivity to the interests of high-income citizens ● American plutocracy with political power with the wealthy as opportunities for upward mobility have stagnated ● tech change and globalization led to incomes rising faster at the top of income distribution ● all of the supposedly economic causes of inequality are aided, abetted, and accentuated by public policies ● "rent seeking": socially unproductive efforts to increase one's wealth at the expense of others ● distrust: as rich get richer, ordinary citizens lost trust in gov't ● disillusion: unfair economic incomes further undermine citizen engagement ● disenfranchisement: lack of mobilization and inducement to vote, gerrymandering, voter identification laws and disempowerment: big-money elections and disenfranchised poor disempowers the 99% ● political reforms must precede economic ones
Precept Question: What factors made the justices on the Brown court hesitant to declare segregated schools unconstitutional?
● Segregation in public schools was an important tool of white supremacy. The court was hesitant that declaring school segregation unconstitutional would lead to major backlash in the South. ● One judge said that having the courts decide on this issue meant that the representative government had failed to do its job of representing the people. ● Although the courts could declare segregated schools unconstitutional, the courts didn't really have a way to enforce it. This indeed became an issue. Even 15 years after the decision, many schools in the South were still segregated. ● There was the issue of the precedent set in the Plessy v. Ferguson case that declared "separate but equal" to be constitutional and an acceptable standard. Courts don't really like to reverse previously decided cases unless they absolutely have to
Reading: Red Ink — David Wessel
● The New Deal: The beginning of big gov't ○ began stretching the limits of a balanced budget ○ lesson from the depression/new deal: the gov't and the Federal Reserve had been too stingy and that only gov't spending pulled the US economy out of the ditch ○ "From the mid-1930s to the 1970s, the gov't made a set of commitments that led to expectations on the part of the American people about what their gov't owes them" — Robert Resichauer, unprepared to go back from the agencies of the New Deal ● The Great Society: Guns, Butter, and Medicare ○ Federal spending rose steadily as LBJ chose both "guns and butter" ○ all-federal Medicare and Medicaid ● Nixon: Congress Strikes Back ○ 1974 Congressional Budget Act: created a congressional budget process parallel to the president-centric system created in FDRs time ○ Congressional Budget Office (CBO): freed Congress from relying almost exclusively on economic forecasts and budget analysis fro the White House budget office ○ CBO director job alternates between Dem. and Rep., but is nonpartisan and has endured to advise on economic issues ○ members of Congress value the leverage the objective CBO gives Congress in its budget dustups with the White House ● The Reagan Revolution: The Beast is not Starved ○ 1975: spending on interest, social security, medicare, and other benefits exceeded the defense and domestic spending ○ Reagan presidency: the end of the New Deal and the beginning of an era in which the gov't would retreat from the economy 3 significant fiscal promises during Reagan campaign for pres.: cut taxes, rebuild the nation's defenses, and balance the budget (but he did not deliver on the last promise) ○ "starve the beast" strategy: cutting taxes would lead to compensating cuts in gov't spending ○ Reaganomics: "A significant tax cut was enacted at the same time that defense spending went up and...entitlement programs were also expanding" — Panetta ● The Arrival of Surpluses: Reading George H.W. Bush's Lips ○ 1990 deal: established pay as you go rule that made it hard for Congress to cut taxes or increase benefits without offsetting tax increases or spending cuts ■ restrained Congress from significant expansion of gov't benefits ○ est. multiyear caps on annual appropriations for the first time ○ Clinton deal: extended the 1990 limits on annual appropriated spending through 1998, squeezed payments to health care providers, and raised taxes, primarily on upper-income taxpayers (worked to reduce the deficit) ● The Return of Deficits: Tax Cuts, Wars, and Prescription Drugs ○ 1998-2001: fed gov't ran surpluses on budget ○ 2002-2011: predicted to pay off entire federal debt, but US ended up with $6.1 trillion deficits ■ economy did worse than the CBO and forecasters had anticipated ■ 9/11, housing bubble burst —> Great Recession ■ Congress cut taxes repeatedly ■ gov't spent more on war and homeland security, expansion of Medicare, Troubled Asset Relief Program ■ bigger deficits meant more borrowing
What does Carnes say about white-collar government in the United States?
● White-collar government: the disproportionate numerical representation of wealthy people and white-collar professions in our political institutions ● Women and minorities were still underrepresented at the end of the 20th century, but both groups gained considerable ground during the postwar period ● But working-class Americans (over 1/2 of labor force for at least the last hundred years) have never held more than 2% of the seats in Congress ● Framers of US Constitution were skeptical about the importance of a politician's economic or social class background ● In Federalist #35, Hamilton defended gov't by the privileged, interests can be more effectually promoted by the upper class? ● like ordinary citizens, lawmakers from working class are more pro-worker (liberal) and white-collar lawmakers are more pro-business (conservative) ● the rosy notion that lawmakers from business and professional backgrounds want what's best for everyone is seriously out of line with the realities of legislative decision making in the US Why does the US have a White Collar Gov't? ● American voters refer white-collar candidates? Not true. Working class candidates do just as well in elections as white-collar ● Enough blue-collar workers do have the skills required for holding office ● the practical burdens associated with holding office and the gatekeeping decisions of party leaders and interest groups? Yes, maybe ○ in places where holding office is less burdensome and in places where workers are better integrated into parties and interest groups, worker tend to hold office in larger numbers ○ the structural features of the political landscape that have captivated scholars of US politics for decades: parties, institutions, and interest groups ● How to reform this? ○ some states have "candidate schools" to identify, recruit, and train working-class citizens to run for public office ○ there are many qualified working-class Americans out there, that workers do well in elections when they run, and that electing more workers will tilt economic policy towards the progressive policies that workers tend to support and away from the conservative policies favored by America's rich.
According to Gilens, what is the relationship between policy outcomes and the affluence of Americans?
● the association of policy outcomes and the preferences of affluent Americans primarily reflects the influence of this subgroup of the public over policy outcomes ● responsiveness of policy makers to the preferences of the American public is highly skewed in favor of the most affluent, even when policies on which the preferences of the poor and middle class converge ● citizens form their policy preferences at least in part on the basis of cues from political decision makers and other elites ● the greater attentiveness to politics that characterizes highly educated Americans does not seem to explain the strong association between preferences and policy outcomes among the affluent than among less wealthy Americans ● the affluent are no more(or less) likely to be of one mind on the proposed policy changes than are Americans with low or middle incomes ● the ability of decision makers and other elites to sway public opinion is not a likely explanation for differential relationships between preferences and policy outcome across income groups ● public preferences have a causal impact on gov't policy ○ representatives' votes are shaped by their constituents' preferences, operating through incumbents' desire to avoid providing potential challengers with campaign issues and through the election of like-minded officeholders ● legislators' positions tend to be more moderate and more consistent w/ constituency preferences when an election is near ● role of interest groups, different propensities of lower and higher income Americans to vote, contribute, and involve themselves in politics in other ways, the fact that members of Congress and other influential policy makers all are wealthy
Goodridge v. Department of Public Health
●The Supreme Court ruled that the state of Massachusetts cannot give heterosexual couples certain rights and then deny those same rights to homosexual couples; all citizens are equal and there are no second class citizens. This ruling denied civil unions as a suitable outcome, so as a result, Massachusetts became well on its way to legalizing same sex marriage.