POL 123 – United States Government and PoliticsAl deAprix, Instructor

2006

Introduction

Political Science as a behavioral sciencepolitics/government a processpeople have needs

Maslow’s Hierarchy of Needs (five ascending steps)Self-Actualization

EgoSocial

SecurityPhysiological

understanding needs will lead to a better understanding of gov’t & politicsdefinition: politics – the process of securing and defending the resources

that fulfill needs

Text: American Governmentsets forth Five Principles of Politics:

1) all political behavior has a purpose2) all politics is collective action

this is not always true; wind turbine story3) institutions routinely solve collective action problems

conditional acceptance of this point by instructorinstitutions tend to conserve resources

4) political outcomes are the products of individual preferences and institutional procedures5) history matters

a very critical point; cannot understand institutions andissues 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.

Constitution – “We, the people of the United States, in order to form a more

perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

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 RomeAthenian 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 peopledefinition: republic – government of laws

Contributing Factor #1 – Science

as the original science, astronomy played an important role in the intellectual revolution that led to the creation of the American

republic and its democratic principles

stars were fixed, the planets, Sun, and Moon had motionthe heavens were immutable

ancient authorities provided what was known and taughtAristotle (384-322 BC)Ptolemy (mid second century AD)Plato

authorities were not questionedscholarly learning examined their pronouncements and attempted

to understand them better

Time of Charlemagne (742-814)seven liberal arts

triviumgrammar, rhetoric, dialectic

quadriviumastronomy, arithmetic, geometry, music

one learned what the ancient authorities professed and learned it without question

Crusades introduce Europe to Middle Eastearly 12th Century

series of translations from Arabic to Latinscientific & philosophic treatisespartly original work of Arabs or taken from Indus

numerals, algebra, astronomypartly translations of Greek work

Euclid’s ElementsPtolemy’s Almagestgreat reverence for Aristotle

Roger Bacon (b. about 1214, d. about 1294)three major works

Opus Majus, Opus Minus, Opus Tertiumtreatises on most existing branches of knowledge

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also discussed relative importance and right method for advancement of learning

beginning of scientific methodquestioning and testing

challenging of authorityread 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

Tycho Brahe (b. 1546)supernova of 1572

the heavens are not constant – the authorities are wrongsometimes changes or events that cannot be explained under the old systems of thought lead to the creation

of new ways of thinkingastronomical measurements

must take measurements and collect data before deriving conclusions; also need to generalize the data to

discover trends – if data is too specific, can miss the big picture

Galileo Galilei (b. 1564, Pisa)“He became noted in particular for his unwillingness to accept

without question the dogmatic statements of his teachers, which were based not on direct evidence, but on the authority of the great writers of the past.” -Berry

conducted scientific experiments and made observationspendulumfalling bodiesby 1609 making major astronomical observations

Moon’s mountains and cratersmore than 6/7 stars in Pleiadesmultitude of stars in Milky WayJupiter’s moons - this challenged heliocentric

systemSaturn’s “ears”

condemned 1616tried 1633

Giordano Bruno burned at stake 1600 for supporting Copernican viewGalileo’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 Newtondevelops 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 1215Angevin Empire

Normandy, Anjou, Touraine, Maine, Brittany, Aquitaine held by English king in France

King John a ruthless, hardened warriorbut politically crafty

he and nephew Arthur (Geoffrey’s son) could claim throneKing Phillip Augustus supported Arthur

summoned John as Count of Poitou to answer complaint 1202John refused service, distrusted Phillip

Arthur besieges grandmother Eleanor at Milebeau in PoitouJohn covers 80 miles in 48 hourscaptures Arthur

Arthur dies as captive in RouenPhillip conquers Normandy 1204Pope Innocent III

involved in crisis over appointment of Archbishop of Canterburyselects Stephen Langton 1206

John begins seizing church landsgains their revenues (to use in war against French)

Pope lays England under Interdict (for 6 years)excommunicates John 1209supports planned French invasion

John becomes vassal of the PopeJohn’s opponents now face excommunication, papal anger

English barons become tired of service and taxation in support of war against French on continentLangton sides with English nobility against king (and Pope)

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force John to meet with them at Runnymedeissue a 61-clause (essentially) legal contractdeals with the details of feudal administration and

custom and includes provisions for securing the 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 1265revolt of Simon de Montfort

Contributing Factor #3 – Religion

John Wycliffe (1324-1384)preached povertyadvocated surrender of church property to governmentdid translations into the vulgar (here meaning the common

language)preached in the common languagehad powerful friends (they can help keep you out of trouble)

John Hussfollowed Wycliffe’s teachingsdid not have the same powerful friendswas burned at the stakeviewed as a martyr

Desiderius Erasmus (1466-1536)Praise of Folly

ridiculed nobles and clericsChristian Prince

held up ideal rulerused 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 Rome95 Theses Wittenberg October 1517had support because Germans did not like their money going southMan can read, interpret, think

does not require intercession (authority need not take charge)

Contributing Factor #2b – English Political Heritage, Part II

England becomes Protestant countryAnglican Church (the state church of Henry VIII)Puritans and dissentersPresbyterians in Scotlandstill a numerous Catholic minority

James I (began rule in 1603) a devout ProtestantParliament 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 Prerogativeunwritten constitution perceived

James maintained pacificism to avoid expense

Charles Ipersonal issues with Spain (over marriage)

sought war with Spainmarries Princess Henrietta Maria of Francegranted only one year of tonnage and poundage (duties on goods)

not for life, as beforelegislative 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 failsCharles seeks a French Alliance, but Cardinal Richelieu is seeking to crush the Huguenots, particularly at La Rochelle

failed English attempt to relieve La Rochelle, 1627Charles now looking for money

forced loansthe Five Knights (think of this as a test case)

imprisoned, no habeas corpusheld under special right of the King

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(think about Patriot Act and issue of secret CIA prisons for

suspected terrorists)Petition of Right

new Parliament of 1628defended 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 Kingobjective is to control King’s Prerogativeno acceptance of Petition = no money for warCharles accepts reluctantly

however, continues to levy own tonnage and poundage

Commons critical of thisCharles dissolves Parliament – period of the Personal Rule

peace, prosperity, religious tolerationfrugality practiced, except at personal courtsomewhat of a golden era

think back to Maslow’s hierarchy – needs being met (people satisfied)

Charles levies “ship money” on inland countiescauses new stirring for Petition of Right

one shilling fine (from Elizabethan times) on nonattendance at churchPuritans feel persecuted

attempt to force Scots to adopt English Book of Common Prayer

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leads to Scottish uprising 1639now rights are being threatened; religion was a key

issue during those times and it served as a political hot-button

calls Parliament for defense money, but Parliament heading into revolt

1642 sees Nineteen Propositions to the KingParliamentary control over government

soughtrevolt begins, Charles loses, is executed 1649English Republic, Oliver Cromwell Lord Protector

religious government

Contributing Factor #4 – Political Thought of the Enlightenment

Jean-Jacques Rousseau (1712-78)stressed independence, libertynative of Geneva

favored asceticism (definition – the practice of self-denial as the means of religious discipline), Puritanism,

insistence on following the correct rulesbelieved in the Social Compact

government by the consent of the governedSocial Compact, p.16 in The Great Political Theories (e-

res)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 transfers his loyalty to the social group which provides him with the opportunity to obtain his sustenance. I have come to conceive of this

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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 Montesquieuapproved of balance of power in British government

Voltairepraised British government

We find here the justification for seeking independence, but we also find considerable support for the British system of government. It had

an executive (crown plus prime minister), a two-house legislative branch (Lords and Commons), and a separate judiciary. It had an electorate, there were established rights, and it was a government of laws.

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 13/14 republics, depending upon how you count Vermont) to begin their great experiment in democratic self- government. It was not a

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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 waropposed taxation without representationdemanded same rights as the King’s subjects living in Englandcolonies 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, 1776drafted by John Dickinson

amended, then adopted by delegates November, 1777note 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 statesArticles of Confederation and Perpetual Union

not in effect until 1781 (ratification took over 3 years)Maryland wanted resolution of Western lands questionArticles attempted to reconcile unity with localism

concerned, like Thomas Paine, that government is at best a necessary evil and is in need of restraintwere 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 friendshipin 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 amendstates controlled taxation, regulation of commercecitizens of the various states accorded equal treatment when

in another statepowers of the central government

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make war and peacesend and receive ambassadorsmake treaties and alliancesregulate coinageestablish postal servicemanage Indian affairsborrow moneyraise an armyequip a navyrequisition men and money from the states

defectsfailed to give Congress control over taxation and trade (remember handcuffs)lacked national executive, courtshad eight presidents (see list in Angel)

John Hancock the best knownthey presided over Congress, not whole government

quotes in The Growth of the American Republicp. 258 James Madison (e-res)p. 259 Noah Webster (e-res)

hard economic times follow Revolution, a stimulus for changebut Western lands policy a success

Land Ordinance of 1785land sold for revenue

Northwest Ordinancecould set up territorial legislature3 to 5 states possibleneeded 60,000 free inhabitants to set up state

problems pushing toward a solutionShay’s Rebellionnavigation of the Potomac

commission set upfive 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

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

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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 solutionfeared too strong an executive

did not want executive prerogatives like royal prerogativesstate-favored religionreligious persecutioninability to change organization

(think about scientific method/experimentation)limit executive’s power to wage wartrappings of royaltyroyal courts (subservient to the executive)too weak a confederationslavery question

(treat slaves as property or as humans?)

What they wanted to include, what solutions they envisionedan executive

checks and balancesimpeachment

impeached by the Housetried by the Senate

two-house legislature (bicameral)House of Representatives based upon (relative) populationSenate represents states

taxation – power over government financeHouse originates revenue billsSenate advises and consents (votes on) treaties

states had been sovereignpower over commerceannual budgets

a check on government operationsmake Constitution a living document

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all states not needed for amendingsocial compactregular meetings of the legislature

executive cannot dismiss like King could close Parliamentno personal ruleregularly-scheduled elections (term of office specified)

creating new states out of western landsfollow Northwest Ordinance passed under Articles

provide for a military, not a militiaa federal union, clearly not just a loose association

but not a central governmentpersonal rights

right to vote (needed for representative government)freedom of religionfreedom 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 actionsCivil rights (definition) – governmental responsibility to guarantee equal

citizenship and to protect citizens from discrimination by other governmental entities and by private citizensLiberties and rights are rules that govern governmental action

like parts of a contract – think Social ContractThe 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 precedentBarron v. Baltimore 1833

John Marshall points to state constitutions – they spell out state citizenship rights; the 5th Amendment constrains the federal

gov’twhy would Marshall rule this way? -think history

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nothing in Constitution applies Bill Of Rights to state and local government operations

thus, people have dual citizenship14th 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

discriminationSlaughter-House Cases 1873

Court said 14th Amendment applied to Negroes as a classbut 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 189714th Amendment did apply

eminent domain requires just compensationThe 14th Amendment is now incorporating state actions under the U.S. Constitution

Plessy v. Ferguson 1896separate but equal acceptable as long as facilities were in fact equalno badge of inferiority seen in being separate – Is this true? Why

separate people unless exposure to one contaminates the other

Plessy 1/8th blackjailed 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

Kansas, SC, VA, and DECourt ignored claims of better efforts

Civil Rights Act of 1964 and Voting Rights Act of 1965 begin affirmative action

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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 co-conspirators 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 coloniesPublik Occurrences Both Foreign and Domestick

Boston, 1690publication stopped for lack of license

two articles angered colonial gov’tIndian treatment of French captivesreport of scandal involving French king

other newspapers followed, including:Boston Gazette, 1719New England Courant, Boston 1721

published by James Franklinjailed in 1722

questioned gov’ts effectiveness in curbing pirates6 months later insulted His Majesty’s gov’t

turned paper over to brother BenNew York Weekly Journal

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started by John Peter Zenger 1733arrested 1734 for publishing seditious libel

Andrew Hamilton defendeduntil then, the greater the truth, the greater the libel

Hamilton sought to try both fact and lawcited truth as a defense

Stamp Act taxed newspapers on circulation and advertisingnewspapers then filled important roles

carried on debates over Constitutionthen took sides as political parties developed

John Fenno, Federalist, Gazette of the United States 1789Philip 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 factbrought nullification resolutions from KY and VACongressman jailed for ridiculing President AdamsRepublican Revolution of 1800 brought pardons

Series of landmark cases:Schenck v. U.S. 1919

Charles T. Schenck general sec of Socialist Partyissued 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 1925convicted of violating Criminal Anarchy Act of 1902

anarchistic socialistadvocated violent overthrow of government

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“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 dangersmall minority held viewdocument did not call for immediate revolution

N.Y. Times v. Sullivan 1964a Montgomery County commissioner in Alabama1960 ad in NY Times

uncontroverted errors originally held libelous per sedefense had been limited to truth

cited Judge Learned HandThe 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 governmentWashington and Federalists inherited little governmental apparatusextent of national government

one dozen unpaid clerksno money coming inarmy of 672 officers and menno navyBritain and Spain help spheres of influence over U.S. territory

everything had to be built from scratchWashington elected unanimously (vote unknown)

Congressional caucuses began choosing candidatesElection of 1800 a revolution

Jefferson eventually triumphant35 House ballots – Federalists supported Burr

Hamilton got three Federalists to cast blanks, electing Jefferson

the first realigning election

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Two parties evolveFederalists, who fade awayRepublicans (Democratic-Republicans – become modern Democrats)

Democratic-Republicans splitelection of 1824 had four candidates

John Quincy Adams (National Republican)Andrew Jackson (Democrat)Henry ClayWilliam Crawford

Whig Party organized by 1836falls by 1852 due to divisions over slavery question

Republican Party begins in 1854 as anti-slavery partyTypes of Elections

Realigning Elections create new electoral patterns1932 Democrats win under Franklin Roosevelt1968 Republicans win under Richard Nixon

Maintaining Elections keep existing electoral pattern going1900 Republicans win with William McKinley1904 Republicans led to victory by Theodore Roosevelt1908 Republicans win with William Taft1924 Republicans win with Calvin Coolidge1928 Republicans win under Herbert Hoover1936, 1940, and 1944 Democrats under Franklin Roosevelt1948 Democrats win under Harry Truman1972 Republicans win with Richard Nixon1984 Republicans win with Ronald Reagan1988 Republicans win with George Bush2004 Republicans win with George W. Bush

Deviating Elections temporarily override normal patterns, which return1912 and 1916 Democrats win with Woodrow Wilson1928 Democrats loose with Catholic Alfred Smith1952 and 1956 Republicans win with Dwight Eisenhower1964 Republicans loose under Barry Goldwater1976 Democrats win with Jimmy Carter1992 and 1996 Democrats win with Bill Clinton

Reinstating Elections return electoral patterns to ‘normal” after a deviation1896 Republicans under William McKinley1920 Republicans with Warren Harding (“Normalcy”)1960 Democrats under John Kennedy1980 Republicans under Ronald Reagan2000 Republicans squeak through with George W. Bush

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

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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 CongressTwo houses: Senate and House of Representatives

House of Representativesvoted on by the people

voting qualifications based on requirement for most numerous branch of each state’s legislaturemust be 25 years old to servecitizen for 7 yearsinhabitant of stateCensus established for representation and direct taxation

Indians excluded from apportionment if not taxedeach state gets at least on Representativeelects own leader, the Speaker

provides for other offices, but does not specifySenate

originally chosen by state legislatures17th Amendment changed that to direct election in 1913same qualifications needed to vote forGovernor initially fills vacanciesneed to be 30 years old to servecitizen for 9 yearsinhabitant of stateimpeachments

Chief Justice presides over impeachment trials2/3 vote needed to remove from officecan only remove from office

vice president presides over senatemay vote only to break ties

members choose president pro temporethe real power in Senate leadershipmembers elect other Senate officers

Congressmeets at least once per yearcan set own election dates

though states can set in absence of federal actionpresident has 10 days to veto legislation; can be overridden by 2/3 vote

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pocket veto occurs when president holds bill if Congress adjourns during those 10 days

Section 8 enumerates powers and provides necessary and proper clauseSenate versus House

Senate has broader base in most statesHouse more parochial (limited) in outlookconsequences:

more partisanship in Housemore ideology in Housemore 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 Justicearchitect of Marbury v. Madison

this created judicial review following defeat of federalists in 1800 elections

Election of 1800Alien and Sedition Acts an issueVirginia and Kentucky Resolutions of 1798

written by Madison and Jeffersonbasically 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 JusticeJudiciary Act of 1801 created 42 new judicial positions for outgoing

Federaliststhis included a Justice of the Peace for District of Columbia that

was to have gone to Marburysome left in Marshall’s Sec. of State office after he went to

Supreme CourtJefferson became president, appointed Madison Sec. of State

ordered him to not deliver the commissionsDemocrat-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 mandamusthat would compel delivery of the commission

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Marshall ordered Madison to show cause why Marbury should not have his commission

Madison ignored Marshall’s ordermajor 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 Judiciaryduring early years under the Constitution, state courts handled most cases

no Supreme Court cases the first three yearsfirst Chief Justice, John Jay resigned to run for governor of NY

would not accept another appointmentSupreme 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 1935little did author realize there was a judicial revolution coming

Court made mostly conservative decisions for much of its historynumber of justices set by law, not Constitution

began with chief justice and 5 associate justices, total of 61801, total reduced to 51802 61807 71837 91863 101866 71869-present 9

important terminology p.317criminal law – deals with penalties for violating laws/statutescivil law – settling of disputes that involve damages without criminal

penaltiesO.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 officialsplaintiff – brings suit

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defendant – charged with the complaintprecedent – use of prior cases in judicial decision-makingstare decisis – let the decision stand (Court does not overturn a lower

court’s decision when it issues a stare decisis rulingstanding – Article III speaks to “cases and controversies”

no advisory opinionsparties have always had to have standing, or a stake in the

outcomemoot – 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 pathinterest groups

Key Cases – Marbury v. Madison 1803Baker v. Carr 1962 – one man, one voteMiranda v. Arizona 1966 p.340

set forth Miranda Rulearrested people have the right to remain silent, the right to

be informed that anything they say can and will be used against them, and that they have the right to counsel

(lawyer) before and during police interrogation

Going to Supreme Court with a caseCourt most likely to accept: p.342

cases involving conflicting lower court decisionsimportant questions of civil rights or libertiescases where federal gov’t is the appellant

Cases primarily reach Supreme Court through writ of certiorari p.343ordering a lower court to deliver records to be reviewed for legal

errorsfour justices must agree to the certiorari

then case put on the discuss listOther 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 courtCourt 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 schemeWarren Court remembered for Brown v. Board of EducationRehnquist Court rendered Bush v. Gore 2000

Strict constructionists = restraint, but not always conservatismActivists = broadening Court’s scope, but not always liberalism

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strict constructionists activists I

Iliberals I Warren Court

-----------------------------I-------------------------------- I

conservatives Burger Court I Rehnquist Court I

types of opinionsmajority – the actual decision (assigned by Chief Justice or, if he is in

minority, by the ranking member in seniority among the majorityconcurring – agreeing with majority, but for a different reasondissenting – 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 briefrespondent’s briefpetitioner’s reply brief – gets to answer points made in respondent’s brief

Judicial Revolutions – there have been two in recent decades pp.367-9substantive – changing society through Court rulings (as in Brown)procedural – allowing more access to the courts

class action suitsmaintaining 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?familychurchesschoolsfriendsassociationsmediaeven politicians

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understanding public opinion p.381values (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’tconservative – retaining status quo (in theory), but today it means

‘returning’ to some better timeliberal – 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 issuesThey 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 African- American 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 surveyswhen 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

inconclusiveconfidence – 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

errorNo matter how accurate and well-done a poll happens to be, a

pollster and a reader can never count on 100% reliability – it just cannot work out that way mathematically unless everyone (the entire population) is surveyed. Also, remember that polls are a picture of that instant in time; actual results of a political race can change because events and additional information can alter voters’ decisions.

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