INST 275 – Administrative Processes in Government

Lecture 3 - American and California Government and Politics

The Constitution and the Creation of the Federal Judiciary

Many framers believed the judicial branch to be a minor check on other branches, although Anti-Federalists feared an unelected judiciary.

The Judiciary Act of 1789 created the basic structure of the federal court system.

Supreme Court established judicial review in Marbury v. Madison (1803).

American Legal System Dual judicial system – federal and state. In each system, two types of court, trial

courts and appellate courts. Each type deals with civil and criminal

matters. Original jurisdiction refers to a court’s

ability to hear a case as a trial court; appellate jurisdiction refers to a court’s ability to review cases already decided by trial courts.

Federal Court System Constitutional courts – Article III

Federal district courts (94 districts – 678 plus 100 retired judges).

Circuit Courts of Appeals (11 numbered, D.C. Circuit, and U.S. Court of Appeals for the Federal Circuit – 179 plus 100 retired judges).

U.S. Supreme Court (1 court – 9 justices). Legislative Courts – Article I

* United States bankruptcy courts * United States Tax Court * United States Court of International Trade * United States Court of Federal Claims * United States Court of Appeals for Veterans Claims * United States Court of Appeals for the Armed Forces * United States Court of Appeals for the Federal Circuit * United States Foreign Intelligence Surveillance Court

How Federal Judges Are Selected

District court, U.S. Court of Appeals, and Supreme Court justices are nominated by the President and confirmed by the Senate. They serve for life.

Selection criteria: Competence, standards, ideology,

rewards, pursuit of political support, religion, race, ethnicity, and gender.

The Supreme Court Today In 2006, 9,608 appeals – 88 decisions. Several factors affect Court’s decision to hear a case.

Court must have jurisdiction (substantial federal question). – Court of Appeals, special three-judge district court, state court of last appeal,

Writ of certiorari – 4 votes. Characteristics: federal government asks for review,

conflict among circuit courts, civil rights or civil liberties question, ideological or policy preferences of justices, significant social or political interest.

Once case is set for review, briefs and amicus curiae briefs are filed and oral argument scheduled.

Justices meet after oral argument to discuss the case, votes are taken, opinions are written, circulated, then announced.

Judicial Philosophy and Decision Making

Judge’s philosophy and ideology have an extraordinary impact on how they decide cases.

Behavioral, attitudinal, and strategic models of decision-making.

Judicial Policy Making and Implementation Supreme Court can declare congressional

acts and presidential actions unconstitutional. They can overrule their own decisions.

Implementation requires: Implementing population must understand

decision. Implementing population must follow Court

policy. Consumer population must be aware of the

rights granted or denied.

Political Socialization The first step in forming opinions occurs

through a process called political socialization. Family, school, peers, social groups (religion,

race, ethnicity, gender, and age), where we live, impact of events all influence who we view events and issues.

Even the views of other people affect our ultimate opinions on a variety of issues.

Public Opinion and Polling Public opinion is what the public thinks about an issue

or a particular set of issues. Public opinion polls are used to estimate public

opinion. Throughout U.S. history, people and groups have

made attempts to sway public opinion or elections. Modern day polling did not begin until the 1930s. Polling has gotten more accurate over the last 70

years, but there are still problems. Sampling error, limited respondent opinions, lack of

information, and difficulty measuring intensity.

Why We Form and Express Opinions

Many factors. Personal benefits. Degree of personal political knowledge. Cues from leaders. Political ideology.

Effects of Public Opinion and Polling on Government and Politics

Knowledge of the public’s views on issues is often used by politicians to tailor campaigns or to drive policy decision.

However, the evidence of influence is mixed.

What Is a Political Party? A political party is an organized effort

by office holders, candidates, activists, and voters to pursue their common interests by gaining and exercising power through the political process.

The goals is to win office so as to exercise power and pursue common policy objectives.

The Evolution of the American Party System

Party History. Democratic-Republican – Federalists (1789-

1816). Democratic-Republican/Democratic – National

Republican (1828-1832). Democratic – Whig (1836-1852). Democratic – Republican (1856 to present).

Party membership broadened from congressionally-based parties to mass parties by 1832.

The Evolution of the American Party System Democrats and Republicans – The Golden Age (1874-1912).

Party stability, the dominance of party in state and local government, and the impact of those organizations (machines) on the lives of millions.

Parties also provided services. Modern area.

Candidate- and issue-centered. Direct primaries. Ticket-splitting.

Realignment. Party realignments. Critical elections (1800, 1860, 1896, 1932).

Secular realignment. Gradual partisan shift. Usually regional (New England – R to D; South – D to R).

Functions of the American Party System Mobilizing support and gathering power. A force for stability and moderation. Unity, linkage, and accountability. The electioneering function. Party as a voting and issue cue. Policy formulation and promotion (platform). Minor parties.

Proportional representation versus winner-take-all. Key third parties in U.S. history:

Populist, Prohibition, Progressive, Socialist, American Independent, Libertarian, Reform, Green.

The Party Organization Basic structure is complex and amorphous. State and local parties generally more

important than the national parties, although campaign technology and fund-raising have increased the power of the national parties.

The use of technology has been tempered by a renewed focus on get-out-the-vote drives, canvassing, and voter identification.

Capabilities vary from jurisdiction to jurisdiction.

The Party in Government Congressional party.

Most vital and visible party component. Organize congress. But, individualism undermines unity. Party voting has increased over the last 50 years

from about 65% to about 90%. Parties are more ideological and consistent. Partisan gerrymandering. Political campaign organizations.

Presidential party. Image of president affects image of party. President must command a sometimes divided party. Appointment power as reward.

The Party in Government Parties and the judiciary.

Judges are members of political parties and are often appointed not only for competence, but for party identification and ideology.

Party affiliation is a moderately good predictor of judicial decisions.

Parties and state government. Much of the discussion about the national

government also applies to state governments. Governors tend to have more party influence

than presidents.

Party in the Electorate Party identification provides the basis for

many political decisions, a central perceptual screen.

Legal institutionalization of the parties. Parents biggest source of identification. Life changes, political personalities, and

social events can all change identification. Group identifications.

Region, gender, race and ethnicity, age, social and economic factors, religion, marital status, ideology.

Is the Party Over Or Has It Just Begun? Is dealignment occurring? Equal split among parties (with 1/3

independents). Split ticket voting. Decline may be exaggerated.

Reliable vehicles for mass participation. Adaptability to prevailing conditions. Longevity and long-term competition. Party in government and party organization are

strong. Development of parties inevitable as a

mechanism for managing conflict.

Voting Behavior Conventional participation.

Voting. Unconventional participation.

Protests, boycotts, picketing, assassination. Turnout.

Education, income, age, gender (not), race and ethnicity, interest in politics

Why low? – too busy (excuse), difficulty of registration, difficulty of absentee voting, number and frequency of elections, voter attitudes, weakened influence of parties.

Patterns in vote choice. Party identification. Race and ethnicity. Income. Ideology. Issues.

Retrospective judgment. Prospective judgment.

Elections in the United States

Popular election confers on a government the legitimacy that it can achieve no other way.

Types of elections. Primary (closed, open, blanket, runoff). General elections. Initiative, referendum, and recall.

Presidential Elections Delegate selection.

Winner-take-all primary. Proportional representation primary (CA). Caucus. The problem of front-loading.

Party conventions. Delegate selection – primaries have led to loss of

power for convention. Abolition of unit rule. Superdelegates created to increase party control. Dominated by national candidates and issues. The news media has transformed the conventions.

Electoral college.

Congressional Elections Incumbency advantage.

Staff support Media and travel “Scare-off” effect Redistricting

Countervailing forces. Redistricting. Scandals. Presidential coattails.

Midterm elections. President’s party usually loses seats during the

midterm elections. Especially bad during year six of a two-term

presidency.

Reforming the Process

Regional primaries? Campaign finance reform? Online voting? Voting by mail (Oregon, absentee). Modernizing the ballot.

The Campaign Process

While each campaign is unique, modern campaigns tend to focus on separate primary and general election strategies. Nomination – focus within party, interest

groups activists. General election – focus on voters and

defining candidacy in ways that appeal to majority of voters.

Key Players Candidate.

Makes appearances, meets voters, raises funds, holds press conferences, gives speeches, and conveys campaign message. Ultimately responsible for success.

Professional staff. Organizes volunteers, produces literature,

organizes events, plans strategies, conducts polls, produces advertisements, raises money, and interacts with the media. Media consultants are especially important and consume the majority of the campaign budget.

Coverage of the Game

Candidates for public office seek to gain favorable coverage in the media. Paid media and (better) free media.

Most must rely on paid media. The use of the Internet has increased because of relative inexpense.

Rules of the Game: Finance Since the 1970s, campaign finance

governed by the Federal Election Campaign Act.

Rise of soft money produced the Bipartisan Campaign Reform Act

Another loophole. Unregulated money now flows through 527 groups rather than the parties. Cannot focus on an individual candidate, but “wink and a nod.”

Evolution of News Media in the United States

New media provide the public with key information about subjects of political interest and play a crucial role in the political process.

Print, broadcast, and new media. First newspaper, 1690. First radio, 1920s. Television, 1940s. Internet, 2000s.

Current Media Trends Growth of media conglomerates and

consolidation of media outlets. Increasing use of experts. Narrowcasting to capture particular

segments of the population. Public are skeptical of the media, but

rate media credibility high. Lines between media types are

blurring.

Rules Governing the Media Media governed by institutional

norms, but government restrictions loosening.

FCC grants broadcast licenses, but has not used power to regulate content.

Content regulations have loosened. Embedded journalists (pros and cons).

How the Media Covers Politics Media covers every aspect of the political

process including legislative, executive, and judicial, although the bulk focuses on the President.

Congress (numbers) poses a challenge as does the Supreme Court (complex decisions).

Politicians have developed a symbiotic relationship with the media. Feeding the media stories and being eaten alive

by them occasionally.

Media’s Influence on the Public By controlling the flow of information,

framing issues in a particular manner, and setting the agenda, the media have the potential to exert influence over the public.

Influence much less than believed. Media do have biases, but the variety of

alternatives provided savvy news consumers with an unprecedented amount of information.

What Are Interest Groups? Most definitions focus on notions of

associations or groups of individuals who are some common interest or attitude and who try to influence or engage in activity to affect government policies and the people in government.

Types of groups. Multi-issue versus single issue groups. Economic, public interest, and governmental

units in the interest group process.

Origins and Development of American Interest Groups Did not begin to emerge until the 1830s. Progressive movement spurred

developments from 1890 to 1920. Government action generated the

development of many liberal interest groups in the 1960s.

Campaign finance reform in the 1970s and the growth of conservatism produced a growth in business and conservative groups.

What Do Interest Groups Do? Interest groups often fill voids left by major parties

and allow Americans an opportunity to make claims as a group on government.

Groups pressure members of Congress and their staff, the president, the bureaucracy, and the courts.

They use a variety of techniques to educate and stimulate the public to bring similar pressures (money and information).

They attempt to influence the outcome of elections or run their own candidates.

Others rate elected officials on their stands on issues relevant to the group.

Political action committees (PACs) provide another mechanism of influence.

What Makes A Group Successful?

Getting issues on public agenda. Winning key pieces of legislation. Backing successful candidates. Factors contributing to success.

Leaders and patrons. Funding. Level of member commitment.

California Judiciary

The California judiciary includes the courts, branch agencies, branch administration, and the State Bar of California.

California is highly litigious and courts have a tremendous workload (8 million cases per year recently).

California Judiciary Three levels.

Superior courts – trial courts for criminal and civil cases.

Courts of Appeals of California – review most criminal and civil cases.

California Supreme Court – Highest court. Has discretion over jurisdiction except death penalty, which is automatically appealed.

California Judiciary Appointment.

Appeals Courts Judges initially appointed by Governor with advice from the

Commission on Judicial Appointments. Supreme Court – 12 year terms. Retention elections for Supreme and Courts of Appeals. – Yes or

no vote. Superior Courts

Nonpartisan election. Six-year terms. Elections controversial with pros and cons, especially with

regard to accountability and interest group financing. Qualifications.

All three levels – ten years in the practice of law in the State of California or services as a judge of a court of record.

California Judiciary

Removal. Impeached by assembly and convicted

by 2/3 of Senate. Recall. Commission on Judicial Performance.

California Interest Groups and the Media Interest groups are at the center of

California’s campaign and lobbying activities.

Characteristics. Associations of individuals joined together to

influence governmental and legislative policy. Businesses, trade and professional associations,

labor unions Proliferated because of growth in government,

weak political parties, public interest groups, and term limits.

California Interest Groups and the Media

Lobbyists do the work of interest groups. Citizen lobbyists: individuals who have

an interest and attempt to influence government officials.

Contract lobbyists are outside professionals who must register with the Secretary of State.

In-house lobbyists are staff members of the organization.

California Interest Groups and the Media Techniques.

Preparation for the campaign. Set goal. Know the market. Establish a grassroots network.

The campaign (lobbying basics). Draft language, amendments, and so on. Prepare a fact sheet, position papers and so on. Contact committee members before the

committee hearing. Committees.

Testify in person. Bring expert witnesses from districts.

California Interest Groups and the Media Interest groups contribute to candidate’s

and officeholder’s election campaigns. But, the activities are heavily regulated by the

Political Reform Act of 1974 and Proposition 34. Media (esp. television and newspapers)

and, increasingly, the Internet are important vehicles in mobilizing and informing voters and the candidate’s supporters.

Little comes from news programs. The media is now the primary conduit for

setting the political agenda.

Parties and Elections in California

Campaigning in California poses many challenges. Size of state, diversity of population,

ever-changing campaign laws. Political campaigns in California are

media-dominated and expensive. Governor’s race $100 million. State legislative race, $500,000.

Parties and Elections in California

California voters are becoming less partisan. Slight increase in voters associated with the five minor parties. Biggest increase among independents (16% of electorate.)

Anglos and African-Americans have higher voting rates than Latinos and Asians. Age, educational level, and eligibility account for much of this.

Parties and Elections in California

Initiative process has been in place since 1912.

Initially intended for use by ordinary citizens to bypass an unresponsive legislature, it is now used primarily by interest groups to achieve policy goals. They have the resources necessary to wage an initiative campaign.

California operates under a modified closed primary system

Parties and Elections in California More voters vote absentee, about 27 percent of the

electorate. Voting systems are supposed to be modernized;

however, problems with electronic voting equipment and concerns about hacking have slowed the development.

California a trendsetter in campaigns and elections. Campaign financial disclosure laws rated second in

U.S. Recall of Davis spurred recalls elsewhere. Many states have adopted initiatives first passed in

California (property tax limitations, medical marijuana, term limits, and bilingual education).