Pol 123 Course Outline 2006

POL 123 – United States Government and Politics Al deAprix, Instructor 2006

Introduction Political Science as a behavioral science politics/government a process people have needs Maslow’s Hierarchy of Needs (five ascending steps) Self-Actualization Ego Social Security Physiological understanding needs will lead to a better understanding of gov’t & politics definition: politics – the process of securing and defending the resources that fulfill needs Text: American Government sets forth Five Principles of Politics: 1) all political behavior has a purpose 2) all politics is collective action this is not always true; wind turbine story 3) institutions routinely solve collective action problems conditional acceptance of this point by instructor institutions tend to conserve resources 4) political outcomes are the products of individual preferences and institutional procedures 5) history matters a very critical point; cannot understand institutions and issues of today without understanding what came before

Historical Context of American Government and Politics Instructor’s Discussion: American independence and the creation of a new form of government for the newly independent states was part of an evolutionary process that spanned a number of fields of human endeavor and was hundreds of years in the making. The following outline is but a brief summary, but it does hit critical highpoints of that process. Once some of these contributing factors are understood, it becomes easier to understand issues in American history and before the electorate today. Science, religion, philosophy, and yes, even

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expediency and political cleverness have led to the creation of the modern American state. In this course, we will briefly look at science (in particular, astronomy), English politics, religion, and political philosophy to see from whence the concepts embodied in the Declaration of Independence and the U.S. Constitution arose. Due to time constraints, the treatment will be brief, but it should in many ways serve as a good review of material you have had in other courses. Two Readings from the Declaration of Independence and the Constitution Declaration of Independence – “We hold these truths to be self-evident – That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” Students should assess assumptions made by Thomas Jefferson in writing this and be able to discuss their historical context.

provide secure ordain America.”

Constitution – “We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, for the common defense, promote the general welfare, and the blessings of liberty to ourselves and our posterity, do and establish this Constitution for the United States of

The Constitution is here clearly a contract. Note who is establishing that contract: it is the people, not the states, that have formed it. The power to create the government resides within the people, just as the Declaration of Independence declares that it is the right of the people to institute their government. Ancient roots in Greece and Rome Athenian democracy – limited number of participants, but participation seen as a duty

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Roman Republic – a government of laws passed by a Senate definition: democracy – government by the people definition: republic – government of laws Contributing Factor #1 – Science

republic and

as the original science, astronomy played an important role in the intellectual revolution that led to the creation of the American its democratic principles stars were fixed, the planets, Sun, and Moon had motion the heavens were immutable ancient authorities provided what was known and taught Aristotle (384-322 BC) Ptolemy (mid second century AD) Plato authorities were not questioned scholarly learning examined their pronouncements and attempted to understand them better Time of Charlemagne (742-814) seven liberal arts trivium grammar, rhetoric, dialectic quadrivium astronomy, arithmetic, geometry, music one learned what the ancient authorities professed and learned it without question Crusades introduce Europe to Middle East early 12th Century series of translations from Arabic to Latin scientific & philosophic treatises partly original work of Arabs or taken from Indus numerals, algebra, astronomy partly translations of Greek work Euclid’s Elements Ptolemy’s Almagest great reverence for Aristotle Roger Bacon (b. about 1214, d. about 1294) three major works Opus Majus, Opus Minus, Opus Tertium treatises on most existing branches of knowledge

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also discussed relative importance and right method for advancement of learning beginning of scientific method questioning and testing challenging of authority read pp. 92-93 from Berry, A Short History of Astronomy (e-res) Leonardo da Vinci (1456-1519) illumination of lunar globe during crescent phase Nicholas Copernicus (b. 1473) proposed heliocentric model with little support from antiquity

of new

discover big picture

which the great

Tycho Brahe (b. 1546) supernova of 1572 the heavens are not constant – the authorities are wrong sometimes changes or events that cannot be explained under the old systems of thought lead to the creation ways of thinking astronomical measurements must take measurements and collect data before deriving conclusions; also need to generalize the data to trends – if data is too specific, can miss the Galileo Galilei (b. 1564, Pisa) “He became noted in particular for his unwillingness to accept without question the dogmatic statements of his teachers, were based not on direct evidence, but on the authority of writers of the past.” -Berry conducted scientific experiments and made observations pendulum falling bodies by 1609 making major astronomical observations Moon’s mountains and craters more than 6/7 stars in Pleiades multitude of stars in Milky Way Jupiter’s moons - this challenged heliocentric system Saturn’s “ears” condemned 1616 tried 1633 Giordano Bruno burned at stake 1600 for supporting Copernican view Galileo’s works still prohibited 1819 off the list by 1835

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Johannes Kepler (b. 1571) utilized Brahe’s data to plot elliptical orbits careful measurements lead to discovery Sir Isaac Newton develops calculus and applies mathematical reasoning to investigations to reveal how nature works – here we see rigorous application of mathematical methods to the discovery process; statistics and correlation are used in political science research Contributing Factor #2a – English Political Heritage, Part I Magna Carta 1215 Angevin Empire Normandy, Anjou, Touraine, Maine, Brittany, Aquitaine held by English king in France King John a ruthless, hardened warrior but politically crafty he and nephew Arthur (Geoffrey’s son) could claim throne King Phillip Augustus supported Arthur summoned John as Count of Poitou to answer complaint 1202 John refused service, distrusted Phillip Arthur besieges grandmother Eleanor at Milebeau in Poitou John covers 80 miles in 48 hours captures Arthur Arthur dies as captive in Rouen Phillip conquers Normandy 1204 Pope Innocent III involved in crisis over appointment of Archbishop of Canterbury selects Stephen Langton 1206 John begins seizing church lands gains their revenues (to use in war against French) Pope lays England under Interdict (for 6 years) excommunicates John 1209 supports planned French invasion John becomes vassal of the Pope John’s opponents now face excommunication, papal anger English barons become tired of service and taxation in support of war against French on continent Langton sides with English nobility against king (and Pope)

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the

force John to meet with them at Runnymede issue a 61-clause (essentially) legal contract deals with the details of feudal administration and custom and includes provisions for securing enforcement of the contract’s provisions

The Magna Carta contains nothing about democratic government or the rights of the common man. It has nothing about Parliament, only about an assemblage of nobles and clergy to deal with their feudal duties. It is a redress of feudal grievances. Reissued 38 times in the net century, it is then mostly forgotten for the next 300 years. It is critical to American politics and government because it establishes the precedent that there is a law which is above the king and it is a law which he (or the executive) must obey. The executive power is not above the law (think Nixon and the Watergate crisis). Parliament begins in earnest in 1265 revolt of Simon de Montfort Contributing Factor #3 – Religion John Wycliffe (1324-1384) preached poverty advocated surrender of church property to government did translations into the vulgar (here meaning the common language) preached in the common language had powerful friends (they can help keep you out of trouble) John Huss followed Wycliffe’s teachings did not have the same powerful friends was burned at the stake viewed as a martyr Desiderius Erasmus (1466-1536) Praise of Folly ridiculed nobles and clerics Christian Prince held up ideal ruler used the printing press to spread his work (though he wrote in Latin) Martin Luther opposed the sale of indulgences – to free souls from Purgatory

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Pope Leo X rebuilding Church of St. Peter in Rome 95 Theses Wittenberg October 1517 had support because Germans did not like their money going south Man can read, interpret, think does not require intercession (authority need not take charge)

Contributing Factor #2b – English Political Heritage, Part II England becomes Protestant country Anglican Church (the state church of Henry VIII) Puritans and dissenters Presbyterians in Scotland still a numerous Catholic minority James I (began rule in 1603) a devout Protestant Parliament had begun to take lead in matters of taxation and was starting to move in direction of foreign affairs (fiscal impact) coming clash over Royal Prerogative unwritten constitution perceived James maintained pacificism to avoid expense Charles I personal issues with Spain (over marriage) sought war with Spain marries Princess Henrietta Maria of France granted only one year of tonnage and poundage (duties on goods) not for life, as before legislative bodies like to keep close watch over taxation and expenditures; most of U.S. works off annual budgets; a control issue, and here we see a forerunner at this point an expedition to Cadiz fails Charles seeks a French Alliance, but Cardinal Richelieu is seeking to crush the Huguenots, particularly at La Rochelle failed English attempt to relieve La Rochelle, 1627 Charles now looking for money forced loans the Five Knights (think of this as a test case) imprisoned, no habeas corpus held under special right of the King

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suspected

(think about Patriot Act and issue of secret CIA prisons for terrorists) Petition of Right new Parliament of 1628 defended liberty and property Four Key Points: • no restraint or imprisonment without some stated lawful cause • habeas corpus applies to all in all situations – King is not above the law in this matter • if no legal cause shown, should be set free or bailed • taxes only by consent of Parliament – the individual has full and absolute property in goods and estate

We are now beginning to see the emergence of unalienable rights and we are getting a peek at the principle of social contract being the basis for the government – the King does not rule by divine right and the absolutism so feared on the Continent by the English will not be allowed to gain a foothold in England Commons moves to force Petition of Right upon King objective is to control King’s Prerogative no acceptance of Petition = no money for war Charles accepts reluctantly however, continues to levy own tonnage and poundage Commons critical of this Charles dissolves Parliament – period of the Personal Rule peace, prosperity, religious toleration frugality practiced, except at personal court somewhat of a golden era think back to Maslow’s hierarchy – needs being met (people satisfied) Charles levies “ship money” on inland counties causes new stirring for Petition of Right one shilling fine (from Elizabethan times) on nonattendance at church Puritans feel persecuted

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political

attempt to force Scots to adopt English Book of Common Prayer leads to Scottish uprising 1639 now rights are being threatened; religion was a key issue during those times and it served as a hot-button calls Parliament for defense money, but Parliament heading into revolt 1642 sees Nineteen Propositions to the King Parliamentary control over government sought revolt begins, Charles loses, is executed 1649 English Republic, Oliver Cromwell Lord Protector religious government

Contributing Factor #4 – Political Thought of the Enlightenment

insistence

Jean-Jacques Rousseau (1712-78) stressed independence, liberty native of Geneva favored asceticism (definition – the practice of self-denial as the means of religious discipline), Puritanism, on following the correct rules believed in the Social Compact government by the consent of the governed Social Compact, p.16 in The Great Political Theories (eres) Sovereign, p.21 in The Great Political Theories (e-res)

In its simplest terms, the Social Compact is a contract between the members of society that establishes the means by which they are governed. While the philosophy is fairly complex, the basic concept is quite simple: people come together in some fashion to decide how they will be governed and home much of their personal liberty they wish to surrender to the state to provide for the mutual benefit of collective security/prosperity/etc. through this government. At this point I diverge a little into biology/behavioral science. Animals establish territory. Territory is that piece of land (space) in which the creature finds the resources to sustain it and to attract a mate. It defends such territory against perceived/actual threats. Man is a social animal. He works with others cooperatively to secure resources and maintain a society in which he can find a mate(s). Instead of defending the land/space against all comers, Man

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transfers his loyalty to the social group which provides him with the opportunity to obtain his sustenance. I have come to conceive of this process as displaced territoriality. Man surrenders to the group certain initiatives in order to benefit from membership. I view this as the method creating the Social Compact. (Note: this is strictly the theory of the instructor and is not given to you as an accepted view of any academic authority or scientific school of thought.) Immanuel Kant (1724-1804) law is the merger or uniting of the wills of individuals Categorical Imperative, p.40 in The Great Political Theories John Locke (see article in Angel) believed in natural rights (a little of “We hold these truths to be self-evident…”) life, liberty, property important (“life, liberty, and the pursuit of happiness”) social contract government exists through the consent of the governed (“governments are instituted among men, deriving their just powers from the consent of the governed”) Baron de Montesquieu approved of balance of power in British government Voltaire praised British government

an branch electorate, laws.

We find here the justification for seeking independence, but we also find considerable support for the British system of government. It had executive (crown plus prime minister), a two-house legislative (Lords and Commons), and a separate judiciary. It had an there were established rights, and it was a government of

Think back now to how the British sovereign’s powers were limited, through which limitation a model was created for the U.S. Think back to religious leaders who preached that the common man could interpret and think for himself, that he needed no intercession on his behalf with his God. Think back to the revolution in scientific (and other scholarly) thought that stressed experimentation and observation rather than blind reliance upon authority. The stage is now set for the leaders of the fledgling American republic (or the

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13/14 republics, depending upon how you count Vermont) to begin their great experiment in democratic selfgovernment. It was not a radical departure, but it did constitute a considerable advancement in an evolutionary process of thinking that stretched back for centuries.

The Articles of Confederation The colonists engage England in a civil war opposed taxation without representation demanded same rights as the King’s subjects living in England colonies unite into an association during Revolution and thereafter for their common interests Thomas Paine’s Common Sense sets forth the basis for revolt (see text in Angel) Richard Henry Lee proposes drawing up articles of confederation, June 7, 1776 drafted by John Dickinson amended, then adopted by delegates November, 1777 note the long time that passes between proposal and enactment; inability to act was an ongoing problem for the Congress under the Articles ratification required all states Articles of Confederation and Perpetual Union not in effect until 1781 (ratification took over 3 years) Maryland wanted resolution of Western lands question Articles attempted to reconcile unity with localism concerned, like Thomas Paine, that government is at best a necessary evil and is in need of restraint were the Articles a union or a treaty? Morrison & Commager point to three aspects: • Preamble speaks of perpetual union • Article II provides that states retain their sovereignty • Article III describes the states as entering into a firm league of friendship in other words, the framers were not sure what they were creating – they knew they needed unity for survival, but they feared a strong executive each state received one vote (delegate numbers inconsequential) unanimous consent needed to amend states controlled taxation, regulation of commerce

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citizens of the various states accorded equal treatment when in another state powers of the central government make war and peace send and receive ambassadors make treaties and alliances regulate coinage establish postal service manage Indian affairs borrow money raise an army equip a navy requisition men and money from the states defects failed to give Congress control over taxation and trade (remember handcuffs) lacked national executive, courts had eight presidents (see list in Angel) John Hancock the best known they presided over Congress, not whole government quotes in The Growth of the American Republic p. 258 James Madison (e-res) p. 259 Noah Webster (e-res) hard economic times follow Revolution, a stimulus for change but Western lands policy a success Land Ordinance of 1785 land sold for revenue Northwest Ordinance could set up territorial legislature 3 to 5 states possible needed 60,000 free inhabitants to set up state problems pushing toward a solution Shay’s Rebellion navigation of the Potomac commission set up five states attend Sept. 1786 meeting in Annapolis Alexander Hamilton pushed for broad solution Congress of the Confederation called for revision meeting to correct defects set for May, 1787

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The stage is now set for the grand experiment; supporters of the meeting actually sought to create a new format for the government, but spoke of revision or reform so as not to alarm Americans who might fear wholesale change. They were to meet in secret in order to have candid discussions and debates, but James Madison kept detailed notes which have revealed much of what transpired.

Drafting and Ratifying the Constitution Class Exercise: What Did Its Drafters Seek in a New Constitution? What they wanted to avoid, what problems needed solution feared too strong an executive did not want executive prerogatives like royal prerogatives state-favored religion religious persecution inability to change organization (think about scientific method/experimentation) limit executive’s power to wage war trappings of royalty royal courts (subservient to the executive) too weak a confederation slavery question (treat slaves as property or as humans?) What they wanted to include, what solutions they envisioned an executive checks and balances impeachment impeached by the House tried by the Senate two-house legislature (bicameral) House of Representatives based upon (relative) population Senate represents states taxation – power over government finance House originates revenue bills Senate advises and consents (votes on) treaties states had been sovereign

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power over commerce annual budgets a check on government operations make Constitution a living document all states not needed for amending social compact regular meetings of the legislature executive cannot dismiss like King could close Parliament no personal rule regularly-scheduled elections (term of office specified) creating new states out of western lands follow Northwest Ordinance passed under Articles provide for a military, not a militia a federal union, clearly not just a loose association but not a central government personal rights right to vote (needed for representative government) freedom of religion freedom of thought, expression speech, press (heavily grounded in the spirit of the Reformation) liberty (big question here: who gets to share in this liberty?)

Civil Liberties and Civil Rights Are rights different from liberties? Civil liberties (definition) – protections of citizens from improper governmental actions Civil rights (definition) – governmental responsibility to guarantee equal citizenship and to protect citizens from discrimination by other governmental entities and by private citizens Liberties and rights are rules that govern governmental action like parts of a contract – think Social Contract The authors of our text again make the point that history matters – “the institutions that are adopted in one era live on and shape the political reasoning, goals, and actions of political actors in subsequent eras.” Question arises, do Americans have dual federal-state citizenship or one national citizenship? Court likes to follow precedent Barron v. Baltimore 1833

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John Marshall points to state constitutions – they spell out state citizenship rights; the 5th Amendment constrains the federal gov’t why would Marshall rule this way? -think history nothing in Constitution applies Bill Of Rights to state and local government operations thus, people have dual citizenship 14th Amendment (ratified 1868) seemed to challenge this viewpoint appeared to nationalize the definition of citizenship, making it joint citizenship, but this took time to be fully realized “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of laws.” (Section 1) The Bourbons passed Jim Crow laws segregating the races following the end of Reconstruction State governments thus acted to deny blacks their civil rights by codifying discrimination Slaughter-House Cases 1873 Court said 14th Amendment applied to Negroes as a class but held Civil Rights Act of 1875 unconstitutional the 14th Amendment applied only to actions of state officials ostensibly acting under the law, not to private accommodations, which were the concern of the Civil Rights Act of 1875 Chicago, Burlington, and Quincy Railroad v. Chicago 1897 14th Amendment did apply eminent domain requires just compensation The 14th Amendment is now incorporating state actions under the U.S. Constitution Plessy v. Ferguson 1896 separate but equal acceptable as long as facilities were in fact equal no badge of inferiority seen in being separate – Is this true? Why separate people unless exposure to one contaminates the other Plessy 1/8th black jailed for attempting to use white railroad car Brown v. Board of Education 1954 “separate facilities are inherently unequal” four cases bundled for consolidated Court decision

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Kansas, SC, VA, and DE Court ignored claims of better efforts Civil Rights Act of 1964 and Voting Rights Act of 1965 begin affirmative action Now think back to what Hamilton said in Federalist No. 84. He contended that enumerating rights could wind up limiting them. Even though a Bill of Rights was adopted as the first ten amendments, we have discovered that the Supreme Court and lower courts tended to view rights in a limited way. Although it could be argued that Hamilton was not dead center on target, his knowledge of human behavior had to have been fairly sophisticated as the struggle over rights followed the pattern of limiting federal intervention on behalf of the citizens. Madison in Federalist No. 51 was initially proven wrong; the states and the federal government did not serve as checks upon one another, but rather (particularly in the arena of civil rights for African-Americans) they could be considered as coconspirators in denying rights – some states through their active denial of rights through law and the federal government through its silence. A century passed before Madison’s envisioned protections began to become operative and almost two centuries were to pass before they became essentially fully operative.

Freedom of the Press and Speech Virginia Governor from 1671: “I thank God we have no free schools nor printing, and I hope we shall not have these hundred years. For learning has brought disobedience and heresy and sects into the world, and printing has divulged them and libels against government. God keep us from both.” Thomas Jefferson: “…were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate to prefer the latter.” (1787) “The only security of all is in a free press.” (1823) quotes taken from Journalism in a Free Society first newspaper in colonies Publik Occurrences Both Foreign and Domestick Boston, 1690 publication stopped for lack of license two articles angered colonial gov’t Indian treatment of French captives report of scandal involving French king other newspapers followed, including: Boston Gazette, 1719 New England Courant, Boston 1721 published by James Franklin jailed in 1722

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questioned gov’ts effectiveness in curbing pirates 6 months later insulted His Majesty’s gov’t turned paper over to brother Ben New York Weekly Journal started by John Peter Zenger 1733 arrested 1734 for publishing seditious libel Andrew Hamilton defended until then, the greater the truth, the greater the libel Hamilton sought to try both fact and law cited truth as a defense Stamp Act taxed newspapers on circulation and advertising newspapers then filled important roles carried on debates over Constitution then took sides as political parties developed John Fenno, Federalist, Gazette of the United States 1789 Philip Freneau, Anti-Federalist, National Gazette 1790 Jefferson gave Freneau translating job in State Dept. war with French brought Alien and Sedition Acts 1796 “That if any person shall write, print, utter, or publish…any false, scandalous, and malicious writing…against the government of the United States, or either house of Congress, or the President…with the intent to defame the said government…or bring them into contempt or disrepute, shall be punished by a fine not exceeding $2,000 and by imprisonment not exceeding two years.” did allow truth as a defense (Alexander Hamilton’s urging) jury had power to determine law and fact brought nullification resolutions from KY and VA Congressman jailed for ridiculing President Adams Republican Revolution of 1800 brought pardons Series of landmark cases: Schenck v. U.S. 1919 Charles T. Schenck general sec of Socialist Party issued 15,000 pamphlets advocating draft resistance during WW I convicted under 1917 Espionage Act “the character of every act depends upon the circumstances in which it is done.” Oliver Wendell Holmes cannot yell fire in a theater “The question in every case is whether the words used are in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” Gitlow v. New York 1925

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convicted of violating Criminal Anarchy Act of 1902 anarchistic socialist advocated violent overthrow of government “It is a fundamental principle, long established, that freedom of speech and of the press which is secured by the Constitution does not confer an absolute right to speak or publish, without responsibility, whatever one may choose, or an unbridled license that gives immunity for every possible use of language, and prevents the punishment of those who abuse this freedom.” Holmes did not see a clear and present danger small minority held view document did not call for immediate revolution N.Y. Times v. Sullivan 1964 a Montgomery County commissioner in Alabama 1960 ad in NY Times uncontroverted errors originally held libelous per se defense had been limited to truth cited Judge Learned Hand The 1st Amendment “presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection.” Court believed, “That erroneous statement is inevitable in free debate, and that it must be protected if the freedoms of expression are to have the ‘breathing space’ that they need…to survive.”

Elections and the Political Process U.S. began with one-party government Washington and Federalists inherited little governmental apparatus extent of national government one dozen unpaid clerks no money coming in army of 672 officers and men no navy Britain and Spain help spheres of influence over U.S. territory everything had to be built from scratch Washington elected unanimously (vote unknown) Congressional caucuses began choosing candidates Election of 1800 a revolution Jefferson eventually triumphant 35 House ballots – Federalists supported Burr

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Hamilton got three Federalists to cast blanks, electing Jefferson the first realigning election Two parties evolve Federalists, who fade away Republicans (Democratic-Republicans – become modern Democrats) Democratic-Republicans split election of 1824 had four candidates John Quincy Adams (National Republican) Andrew Jackson (Democrat) Henry Clay William Crawford Whig Party organized by 1836 falls by 1852 due to divisions over slavery question Republican Party begins in 1854 as anti-slavery party Types of Elections Realigning Elections create new electoral patterns 1932 Democrats win under Franklin Roosevelt 1968 Republicans win under Richard Nixon Maintaining Elections keep existing electoral pattern going 1900 Republicans win with William McKinley 1904 Republicans led to victory by Theodore Roosevelt 1908 Republicans win with William Taft 1924 Republicans win with Calvin Coolidge 1928 Republicans win under Herbert Hoover 1936, 1940, and 1944 Democrats under Franklin Roosevelt 1948 Democrats win under Harry Truman 1972 Republicans win with Richard Nixon 1984 Republicans win with Ronald Reagan 1988 Republicans win with George Bush 2004 Republicans win with George W. Bush Deviating Elections temporarily override normal patterns, which return 1912 and 1916 Democrats win with Woodrow Wilson 1928 Democrats loose with Catholic Alfred Smith 1952 and 1956 Republicans win with Dwight Eisenhower 1964 Republicans loose under Barry Goldwater 1976 Democrats win with Jimmy Carter 1992 and 1996 Democrats win with Bill Clinton Reinstating Elections return electoral patterns to ‘normal” after a deviation 1896 Republicans under William McKinley 1920 Republicans with Warren Harding (“Normalcy”) 1960 Democrats under John Kennedy 1980 Republicans under Ronald Reagan 2000 Republicans squeak through with George W. Bush

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Special note: in the election defeats of 1928 and 1964, the Democrats and then the Republicans respectively tilled fertile ground with certain parts of the electorate that four years later helped forge new electoral coalitions. While Smith’s Irish Catholicism alienated many voters in the South, he did bring new ethnic Catholics into the Democratic Party that helped forge Franklin Roosevelt’s coalition four years later. Goldwater’s opposition to federal civil rights legislation endeared him to many white Southern voters and made it easier for them to break their ties dating back before the Civil War with the Democratic Party, making it easier for Republicans to build a new national coalition tat included the South.

Congress Article I of the Constitution concerns the Congress Two houses: Senate and House of Representatives House of Representatives voted on by the people voting qualifications based on requirement for most numerous branch of each state’s legislature must be 25 years old to serve citizen for 7 years inhabitant of state Census established for representation and direct taxation Indians excluded from apportionment if not taxed each state gets at least on Representative elects own leader, the Speaker provides for other offices, but does not specify Senate originally chosen by state legislatures 17th Amendment changed that to direct election in 1913 same qualifications needed to vote for Governor initially fills vacancies need to be 30 years old to serve citizen for 9 years inhabitant of state impeachments Chief Justice presides over impeachment trials 2/3 vote needed to remove from office can only remove from office vice president presides over senate may vote only to break ties members choose president pro tempore the real power in Senate leadership members elect other Senate officers Congress meets at least once per year

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can set own election dates though states can set in absence of federal action president has 10 days to veto legislation; can be overridden by 2/3 vote pocket veto occurs when president holds bill if Congress adjourns during those 10 days Section 8 enumerates powers and provides necessary and proper clause Senate versus House Senate has broader base in most states House more parochial (limited) in outlook consequences: more partisanship in House more ideology in House more debate in Senate, broader concerns by members

for notes on the Presidency and Bureaucracy, see review notes for 11/30 exam (also on Angel) The Judiciary John Marshall the fourth Chief Justice architect of Marbury v. Madison this created judicial review following defeat of federalists in 1800 elections Election of 1800 Alien and Sedition Acts an issue Virginia and Kentucky Resolutions of 1798 written by Madison and Jefferson basically proposed nullification, declaring Alien and Sedition Acts unconstitutional and that states could assert their rights over Congress no mechanism existed at that time to make rulings on constitutionality Federalists lost election ` then sought positions for party faithful prior to Mar. 4, 1801 John Marshall (had been Sec. of State) appointed Chief Justice Judiciary Act of 1801 created 42 new judicial positions for outgoing Federalists this included a Justice of the Peace for District of Columbia that was to have gone to Marbury some left in Marshall’s Sec. of State office after he went to Supreme Court Jefferson became president, appointed Madison Sec. of State ordered him to not deliver the commissions Democrat-Republicans began looking at impeaching Federalist judges case gave Marshall chance to strike a blow for judiciary against his old arch-enemy Jefferson without directly confronting him Marbury petitioned Supreme Court for writ of mandamus 21

that would compel delivery of the commission Marshall ordered Madison to show cause why Marbury should not have his commission Madison ignored Marshall’s order major struggle expected; many thought Marshall would issue writ Marshall surprised everyone by leading Court decision that rule the Judiciary Act (which was already repealed in 1802) was unconstitutional, which thereby voided Marbury’s appointment Marshall ruled that the act was unconstitutional because it enlarged the jurisdiction of the Supreme Court beyond what is provided in Article III – but in so doing, Marshall went far beyond the scope of Article III by finding a power that did not exist therein, enlarging the jurisdiction of the Supreme Court beyond what is provided in Article III next statute to be declared was Missouri Compromise of 1820 in the 1857 Dred Scott decision General Notes on Judiciary during early years under the Constitution, state courts handled most cases no Supreme Court cases the first three years first Chief Justice, John Jay resigned to run for governor of NY would not accept another appointment Supreme Court did not have its own building until 1935 held court in places like basement apartments and capitol committee rooms book, Twilight of the Supreme Court, published 1935 little did author realize there was a judicial revolution coming Court made mostly conservative decisions for much of its history number of justices set by law, not Constitution began with chief justice and 5 associate justices, total of 6 1801, total reduced to 5 1802 6 1807 7 1837 9 1863 10 1866 7 1869-present 9 important terminology p.317 criminal law – deals with penalties for violating laws/statutes civil law – settling of disputes that involve damages without criminal penalties O.J. Simpson was acquitted of criminal charges in the death of his ex-wife and Ron Goldman, but he lost a civil suit brought against him for violating their rights, namely their rights to live public law – involving actions of public agencies and officials

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plaintiff – brings suit defendant – charged with the complaint precedent – use of prior cases in judicial decision-making stare decisis – let the decision stand (Court does not overturn a lower court’s decision when it issues a stare decisis ruling standing – Article III speaks to “cases and controversies” no advisory opinions parties have always had to have standing, or a stake in the outcome moot – case no longer relevant but exceptions like Roe v. Wade (where pregnancy already over) amicus curiae p.346 – friend of the court solicitor general can take such a path interest groups

used

Key Cases – Marbury v. Madison 1803 Baker v. Carr 1962 – one man, one vote Miranda v. Arizona 1966 p.340 set forth Miranda Rule arrested people have the right to remain silent, the right to be informed that anything they say can and will be against them, and that they have the right to counsel (lawyer) before and during police interrogation Going to Supreme Court with a case Court most likely to accept: p.342 cases involving conflicting lower court decisions important questions of civil rights or liberties cases where federal gov’t is the appellant Cases primarily reach Supreme Court through writ of certiorari p.343 ordering a lower court to deliver records to be reviewed for legal errors four justices must agree to the certiorari then case put on the discuss list Other avenues writ of certification – U.S. Court of Appeals asks for instructions on a point of law that had never been decided writ of appeal – from a 3-judge federal district court Court and Politics Court very much interested in politics (though rarely partisan politics) rejected FDR’s economic recovery package at first that led to FDR’s court-packing scheme Warren Court remembered for Brown v. Board of Education Rehnquist Court rendered Bush v. Gore 2000 Strict constructionists = restraint, but not always conservatism

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Activists = broadening Court’s scope, but not always liberalism strict constructionists

activists

I I liberals I Warren Court -----------------------------I-------------------------------I conservatives Burger Court I Rehnquist Court I types of opinions majority – the actual decision (assigned by Chief Justice or, if he is in minority, by the ranking member in seniority among the majority concurring – agreeing with majority, but for a different reason dissenting – opposed to majority’s decision (assigned by dissenters’ senior justice unless Chief Justice is among the dissenters briefs – written documents explaining why the court should rule in a party’s favor p.349 petitioner’s brief respondent’s brief petitioner’s reply brief – gets to answer points made in respondent’s brief Judicial Revolutions – there have been two in recent decades pp.367-9 substantive – changing society through Court rulings (as in Brown) procedural – allowing more access to the courts class action suits maintaining court oversight over cases until judicial remedies implemented

Public Opinion Socialization is the process by which norms, beliefs, attitudes, opinions, etc. are instilled in a person beginning in infancy/childhood and continuing throughout life who/what contributes to socialization? family churches schools friends associations media even politicians

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understanding public opinion p.381 values (or beliefs) – deep-rooted goals, aspirations, and ideals beliefs are broad in scope (ranging over many issues), attitudes are specific ideology – general philosophy of gov’t conservative – retaining status quo (in theory), but today it means ‘returning’ to some better time liberal – seeking change of that which ostensibly denies or limits individuals no matter what definition is provided for liberal v. conservative, there will always be flaws to it when compared with politics in the wider (real) world because political activity is inherently ‘messy’ with contradictions, compromises, misunderstandings, etc. society has certain fundamental agreements (norms, values) that hold it together as shared opinions see chart p.384 according to surveys, 95% agree with equality of opportunity, 89% agree with freedom of speech, and 95% believe that public officials should be chosen by majority vote Professor Verne Edwards (journalism, Ohio Wesleyan University) always told his students to be careful of overestimating readers’ vocabulary or underestimating their intelligence. people are intelligent, but they are not knowledgeable on the issues They often employ a short hand in making their political decisions and that is party identification. Party identification may change over time, as did the party ID of Southern whites, switching from the Democrats to the Republicans from just after WW II to the Reagan years, making the Republicans a dominant power in the region and making the South the strongest region in the nation for the Republicans. As those voters began to vote more frequently for Republican candidates, they began to think of themselves as Republicans. The same thing in reverse happened with AfricanAmerican voters – as Democrats tended to those voters’ needs and rights, their traditional loyalty to the party of Lincoln eroded to the point of nonexistence. Public opinion surveys when done correctly in a manner dictated by the mathematics of probability and statistics, random sample surveys can provide a photograph of that instant in time margin of error - + a certain percentage (such as + 3%)

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if stated margin of error is less than the difference between a survey’s or poll’s findings, then the results are inconclusive confidence – 99% and 95% are common they tell how many times in 100 chances the poll would have the actual result within the stated margin of error it just (the are a race can can alter voters’

No matter how accurate and well-done a poll happens to be, a pollster and a reader can never count on 100% reliability – cannot work out that way mathematically unless everyone entire population) is surveyed. Also, remember that polls picture of that instant in time; actual results of a political change because events and additional information decisions.

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