Introduction To American Politics PDF

Summary

This document introduces the core concepts of American politics, ranging from the history of democracy to the structure of the government. It examines topics like the Constitution, federalism, civil liberties, and elections within a broader framework of political thought and institutions. It also explores various aspects of political participation, the role of the media, and checks and balances within the American political system.

Full Transcript

INTRODUCTION TO AMERICAN POLITICS INDEX UNIT 1: Democracy UNIT 2: US Constitution UNIT 3: Federalism UNIT 4: Civil liberties and rights UNIT 5: The Presidency UNIT 6: Congress UNIT 7: The Judiciary UNIT 8: Political parties UNIT 9: Elections, campaign financing and political participa...

INTRODUCTION TO AMERICAN POLITICS INDEX UNIT 1: Democracy UNIT 2: US Constitution UNIT 3: Federalism UNIT 4: Civil liberties and rights UNIT 5: The Presidency UNIT 6: Congress UNIT 7: The Judiciary UNIT 8: Political parties UNIT 9: Elections, campaign financing and political participation UNIT 10: The news and social media UNIT 11: Interest groups UNIT 12: US foreign policy UNIT 1: DEMOCRACY I. DEMOCRACY. 1.1 ORIGINS OF DEMOCRACY Began 2500 years ago in Ancient Athens & Rome (city-states), in Greek, word: δημοκρατία - Demos = people, Kratos = rule - Deliberation, discussion, voting - Collectively make the laws of society - Contrasted with ἀριστοκρατία (elite rule) - Built on primitive forms of democracy (since the hunters & gatherers) Athenian democracy lasted about 200 years and was temporarily disrupted by Phillip II of Macedonia & Alexander the Great. 1.2 DIRECT DEMOCRACY Ancient philosophical ideal—never completely achievable in practice. Athenian polis (city-state—small independent political system). Direct Democracy: “A system of government in which all members of the community take part in making the decisions that affect the community”. “The citizens themselves debate & reach decisions on matters of common interest” Foundation of modern democracy. →What were the shortcomings of direct democracy in ANCIENT GREECE? Citizenship/participation was restricted to men whose parents were citizens. Women, slaves, foreign residents & children were excluded. Low turnout → most citizens did not go to assembly meetings. The system was very time consuming & often did not lead to effective governance. Direct Democracy could only function in a small community. ANCIENT ROME Rome: Res + Publica = Respublica (public affairs). The Roman Republic lasted longer (482 years) than democracy in Ancient Greece (about 200 years). It lasted longer than any modern democratic system – US has oldest constitution: 235 years. Initially it was not very democratic—initially, only a small group of elites could vote for elected representatives & hold office. All males over 15 who descended from the 3 original tribes of Rome (Ramnes, Tities, Luceres) could vote & hold office—wore white togas to distinguish themselves from non-citizens. Patricians (aristocrats) dominated the system—plebeians (commoners) had no voice. The two groups were segregated & could not intermarry. Over time, plebeians gained the right to vote & hold office—Conflict of the Orders. But, political corruption made it difficult for plebeians to reach the highest public offices Ancient Roman Republic: More exclusive than Ancient Greek democracy. 1.3 DEMOCRACY Dahl: the history of democracy is not linear. It has not evolved neatly since Ancient Greece & Rome. It has been created & recreated in different contexts over time (drawing from previous models). Democracy has different forms (US, Canada, UK, Sweden, e.g.)—national culture shapes differences. Democracy is ever-evolving. Social struggle is necessary to protect/ improve democracy; otherwise, it can recede, or even collapse*. →Democratic advances in the West From the 11th century onward, elements of modern democracy developed in the West: Iceland, Scandinavia, Britain, Netherlands, US, France … Britain: Magna Carta (1215). English Civil War (1642-51), English Revolution (1688), American (1775-83), French Revolution (1789-99) … More power for parliaments and citizens. 1.4 WHAT IS LIBERAL DEMOCRACY? Representative government→ “A system of government in which members of a community elect people to represent their interests & to make decisions affecting the community”. Ensures some degree of popular sovereignty More practical than direct democracy in larger communities. Strong political institutions. - Checks and balances→“an arrangement in which government institutions are given powers that counter-balance one another, obliging them to work together in order to govern and make decisions”. What does liberal democracy entail? Regular, fair elections Political competition and participation Independent judiciary Universal suffrage Right to run for public office Legal protection of civil liberties “The rights that citizens have relative to government, and that should not be restricted by government”. Freedom of: + Speech + Property + Press + Religion + Assembly II. WHAT ARE COUNTERVAILING INSTITUTIONS?. DEF: democratic safeguards that keep power distributed between governmental branches and make sure people are heard by decision makers. Countervailing institutions (Cls) include governmental and non-governmental institutions, organizations and movements that check the aggrandizement of power, balance the distribution of power between the branches of government, and ensure that decision makers regularly integrate popular priorities into decisions. Cls may include the following: → FORMAL CLs - Legislative and judicial branches of government. - Supranational institutions (regional and international bodies). - Political parties, who may act as watchdogs in the legislature, especially when in opposition and elections. And courts. - Ensure justice and checks and balances. - Act as a watchdog and reflect people’s concerns in policies. → INDEPENDENT REGULATORY AND OVERSIGHT CLs - Electoral management bodies: organize credible elections - Anti-corruption commissions and human rights commissions: safeguard individual rights. - Independent media: provide unbiased information and investigate those in power. - Ombuds offices. → INFORMAL CLs - Civil society organizations, and popular mobilization / protests which ensure that peoples’ priorities are heard and factored into elite decision making. - Trade unions: which protect workers from exploitation and ensure that their interests are integrated into decision makers’ priorities - Educational institutions, which provide critical outlets for association, expression and mobilization of public interests. - Private sector bodies, which can take a public stand to voice their priorities on issues of the day. 2.1 COUNTERVAILING INSTITUTIONS AT WORK In many cases, Cls act to ensure that the various branches of government check each other and remain within the bounds of their legally defined roles. A clear example is the United States Supreme Court’s decision ruling that the ‘line-item veto’ power held by the president, which allowed the chief executive to cancel specific parts of congressionally approved bills, was unconstitutional. (Clinton v. City of New York 1998). In Israel, ongoing mass public protests over the government’s reforms to the judiciary reflect concerns that the changes will undermine the Supreme Court and weaken its powers while concentrating an abundance of authority in the government. (Haaretz 2023; Stopler 2023). Cls also work to protect the public’s equal ability to control decision making and makers. In India, farmers protested for a year against government plans to change the rules around the pricing, sale and storage of agricultural products. The proposed changes would have removed many of the controls that had protected farmers from free market vulnerabilities. In response, the government backed down, agreeing to abandon the reforms. (Mashal, Schmall and Goldman 2021). Similarly, the Georgian Government's decision to halt its plans to enact a ‘Foreign Agents Law’ was partly the result of opposition party and public protest against it. (Lomsadze 2023) III. MODERN DEMOCRACY. What are some flaws of modern democracy? - Barriers to equality: gender, sexuality, race, religion, ethnicity, class, disability. - Not always one person, one vote. - Gerrymandering→ arranging electoral districts in a way that benefits one party over another* ******WATCH YOUTUBE VIDEOS DIAPO 19 - Disenfranchisement for felonies - Problems with polling stations - Low voter turnout - Money & special interests … 3.1 DEMOCRACY GLOBALLY - About half the world lives under democratic rule. - Major increase since last quarter of 20th century - Fall of dictators in S. Europe, end of Cold War, EU integration … 3.2 DEMOCRACY AND WEALTH - Wealthier countries tend to be more democratic (Lipset; Diamond et al) - But, there are exceptions* + Some oil-rich kingdoms in the Middle East are very authoritarian states. + India is a lower-middle-income country with a relatively strong democracy. 3.3 ROBERT DAHL AND DEMOCRACY R.D definition of democracy - “To deliberate, discuss & decide as a group”. Effective participation: all citizens can freely & equally voice their views. Voting equality: all citizens’ votes must count equally. Enlightened understanding: All citizens must have the opportunity to become informed about policies and their potential consequences. Control of the agenda: All citizens must have the opportunity to assist in deciding what is on the agenda and if it needs to be changed at any point. Inclusion of adults: No adult citizen should be excluded from political rights. Robert Dahl and Democracy No state has ever fully lived up to democracy in practice. Democracy provides ideals or standards against which we can measure our progress as societies. It grants and protects civil liberties, rights (freedom of speech, assembly …) and political equality (voting, running for public office). Encourages human development & fulfillment. Allows citizens to shape the laws under which they live. Prosperity and peace: democracies tend to be more prosperous, and are unlikely to go to war with each other. Some countries believe non-democratic systems are superior. - Argument 1: most people are not competent to participate in the governing of the state. - Argument 2: governing should be left to a wise individual or group. - Argument 3: decision-making is more efficient. Autocracy depends on propaganda & extreme control—when this breaks down, force is used to maintain order. 3.4 DEMOCRACY GLOBALLY IN 2024 Democracy is declining globally. Even the US, which was considered a reference point for democracy, is vulnerable. Many people feel like their democracies are not delivering what they need. Inflation, inequalities, unemployment, underemployment, rent prices, climate change. Pressure from authoritarian regimes like China and Russia. Hungary, Turkey, Israel and the US are recent examples of the erosion of democracy. Authoritarian leaders justify eliminating checks and balances by claiming that a crisis requires greater security and order—shock doctrine. The number of democracies has stagnated and there has been a slow uptake of institutional innovation. At the same time, half of the world’s democracies are in retreat. Among non-democracies, 50% are becoming significantly more repressive. This amounts to 1 in 5 of all countries. Over the past 6 years, the number of countries moving toward authoritarianism is more than double the number moving toward democracy. 3.5 DEMOCRACY IN THE USA TODAY - A recent Associated Press-NORC Center poll found that 62% of Americans say that democracy could be at risk in 2024. - 51% believe that democracy is not working too well or well at all. - The most important issues for voters are (in order): economy, democracy, government spending, and immigration. - About 70% of Republicans believe the 2020 election was rigged. 3.6 THE SOCIAL CONTRACT Social contracts→ are implicit agreements about what governments provide their people in exchange for public legitimacy. They reflect an understanding of how people solve shared problems, manage risks and pool resources to deliver public goods, as well as how their collective institutions and norms operate. The type of social contract that underpinned so much of the post-Cold War expansion of democracy is now under strain, and governments and their people must renegotiate the terms of their relationships. People’s needs have evolved; basic economic and social security are still required, but new challenges have sparked a demand for different types of guarantees from the state. For instance, education, social welfare and professional growth systems must adapt to new needs introduced by changing ways of working, different kinds of employment, and new technologies - and recognize the importance of the care economy and multiple forms of inequality. In an interconnected global context, social contracts must be forward looking to integrate protections against tomorrow’s threats. Renewed social contracts must also be grounded in equity. It is no longer enough for the state to provide opportunities; it must proactively design systems that facilitate access to those opportunities in ways that put traditionally marginalized groups at the centre while ensuring that there are protections in place to migrate the creation of newly marginalized groups. New social contracts must establish mechanisms that mitigate toxic polarization within societies and mistrust between governments and their people by providing the structures and institutions necessary to develop and maintain shared citizenship. 3.7 STRENGTHENING GLOBAL DEMOCRACY Redesigning social contracts, with an emphasis on responsive service delivery, can help realize democratic innovation. - Electoral integrity guarantees - New constitutions - Stronger and updated protection of freedom of expression - Spaces for meaningful youth participation - Participatory mechanisms that channel public demands into new laws and policies - Civic education - Regional input integrated into national and local laws and policies VIDEO: Gerrymandering (Elbridge Gery) UNIT 2: US CONSTITUTION I. AMERICAN REVOLUTION. 1775 - 1783: military phase Britain wanted the 13 colonies to pay for the debts of the Seven Years’ War and the costs of maintaining a large military on the continent. The Stamp Act (1765) established a tax on virtually all forms of paper used by the colonists (commercial and legal documents, diplomas, newspapers, almanacs and playing cards). Although Britain had previously levied import and export taxes on the colonies, this was the 1st direct tax by Britain on the colonists on products made and sold in America. The colonists reacted angrily, forming trade associations to boycott, or refuse to buy, British goods. Colonists published pamphlets denouncing their loss of liberty. Soon enough, riots broke out against Stamp Act collectors, making enforcement impossible. Britain repealed the Stamp Act in 1766, but replaced it with the Townshend Acts - new taxes on tea, paper, paint, lead and glass. The colonists mobilized against these new import taxes. There was a letter declaring the Townshend Acts unconstitutional because they violated the principle of “no taxation without representation”. Britain responded by dissolving the Massachusetts legislature and seizing John Hancock’s (leader of the resistance) ship. Britain also sent troops to suppress the protests. British soldiers fired on a crowd in 1770, killing 5 colonists and wounding 6 others, known as the Boston Massacre. THOMAS PAINE AND POPULAR SOVEREIGNTY - Common Sense (1775 - 1776) - People have the right to revolt when the government doesn’t defend their natural rights. - Monarchy is corrupt, abusive, and responsible for the inequalities of society. - Representative democracy is a superior, and more just, form of government. Boycotts were costing Britain more than lost tax revenue. Britain decided to rescind all of the Townshend Act taxes except the one on tea. Tea Act (1773) - East India Company - monopoly on tea sales in the American colonies. - Prevented local tea merchants from selling their products. - Ignited further riots and boycotts. Boston Tea Party (1773) - Colonists disguised as Indians boarded East India Company sights - Threw their tea into the Boston harbour. - Coercive acts (1774): Britain closed the port of Boston and gave the Royal Governor the right to appoint the upper house of the Massachusetts legislature. British authorities and American colonists had different understandings of freedom, participation and representation. Only about 1 in 6 British adult males had the right to vote for Parliament. ⅔ of American adult males could vote for their colonial representatives. Key question of the times Who had the right to make laws in America, the British parliament or local colonial assemblies? John Adams: British parliament should not be able to tax the colonies. Threat to individual liberties. Benjamin Franklin established the First Continental Congress (1774). - Made up of colonial delegates. Met in Philadelphia. - Discussed tensions between colonial leaders and British Parliament. - Rejected a reconciliation plan with England and sent King George III an official grievance. - Established a compact among the 13 colonies not to import English goods. - Adopted “Declaration of Independence” (July 4, 1776) + Written by Thomas Jefferson, Benjamin Franklin, et al. + Opposition to the tyranny of King George III. + Proclaimed natural rights of man and sovereignty of 13 colonies - free and independent states. The American Revolution was a struggle between patriots and loyalists. The French supported the patriots - supplied guns and gunpowder. Revenge for its loss in the Seven Years’ War. 1779 - 1780: Spanish and Dutch declared war on Britain. British government cut losses and ended the war. Treaty of Paris 1783 - Negotiated by John Adams, Ben Franklin, et al. - Recognized the independence of the 13 colonies. Second Continental Congress (1775): - Proposed the Articles of Confederation. - Approved in 1781, a few months before the end of the Revolutionary War. - Officially established the United States. II. ARTICLES OF CONFEDERATION (1781 - 9). Weak central government - “league of friendship”. Protected the independence and sovereignty of the states. Congress could declare war, negotiate foreign treaties and coin money with the approval of 9/13 states. Congress could declare war, negotiate foreign treaties and coin money with the approval of 9/13 states. Congress could not regulate trade between states or tax citizens (could only request money from the states). Problems with the Articles of Confederation - The US had insufficient funds - Debts went unpaid - Couldn’t pay troops salaries - Could not regulate trade - states taxed imports from other states, impeding economic growth. - No national identity, no common army against foreign aggression - Congress had to request troops and funds from the states. III. CONSTITUTIONS. “Document or set of documents that establish the basic rules and procedures for how a society shall be governed”. Includes the powers and structures of government and the individual rights and responsibilities of citizens. Regulator of state power over its citizens Protector of civil liberties / rights Provides legal predictability and security. Benchmark against which the performance of government can be measured. Structure of Constitutions - Preamble: Lofty declaration - Bill of rights: Legal rights - Organizational section: structure and powers of government - Procedures for amendment Codified and Uncodified Constitutions - The US has a codified Constitution - A single document created at a specific time in a specific location that went into force on a specific date. - UK: uncodified constitution spread out among many sources - no single document created at a specific location that went into force on a specific date. *Series of documents that have evolved since the Magna Carta (1215). *Define the rights of the people and Parliament and limit the powers of the Monarch. U.S. CONSTITUTION (1787 / 9) - Proposed by the Federalists. - Signed by delegates to the Constitutional Convention - Address weak central government (Articles of Confederation) - End economic depression Constitutional Convention (1787) - 13 states received an invitation to meet in Philadelphia to consider revising the Articles of Confederation. - 55 delegates from 12 states met. - Mostly wealthy; 50% college educated; 40% had been in the army. - Sent the agreement to the states for ratification - each state had one vote. - Needed to be ratified by 9 of 13 states - All 13 states eventually ratified it. - Rhode Island was the last one. - Republican form of government - Representative democracy - Congress: lawmakers - Elected president (electoral college) Connecticut Compromise (1787) - House of Representatives based on proportional representation. - Senate compromised of an equal number of representatives from each state. The Constitution granted Congress important powers: Make laws Regulate domestic and foreign trade Raise armies Declare war Borrow money Tax Emphasis on checks and balances between the 3 branches of government and the federal government and states. Federalists supported the new Constitution. Anti-federalists opposed it: states would lose too much power; fear of federal tyranny. Saw it as an attack on individual/state freedoms. BILL OF RIGHTS - In response to anti-federalist concerns, federalists created the first 10 amendments to the Constitution (1789/1791). - Bill of Rights stipulated individual freedoms. - Trial by jury, due process of law, right to assemble, freedom from unreasonable search - Inspired by English Bill of Rights (1689) Shortcomings of U.S Constitution - Did not stipulate equal political participation (1 person, 1 vote) - Did not stipulate equal rights for Black Americans, Native Americans or women. About 20% of the U.S population at the time were slaves - Revolution did not provide them with freedom. There were about 700,000 slaves when the U.S Constitution was established. 95% were in southern states. 90% lived in Georgia, Maryland, NC, SC and Virginia. All states had slaves except Massachusetts. Amending the U.S Constitution The U.S Constitution is very difficult to amend. There have been 27 amendments since 1791, 10 of which were the Bill of Rights. There are 2 ways to amend the Constitution - Article 5. Constitutional amendment is passed by ⅔ majority in each chamber of Congress and is approved by ¾ of the states. Or ⅔ of the states request a national constitutional convention to propose an amendment. The amendment passes if it receives the approval of ¾ of the states. This method has never been used. Constitutional Interpretations by the U.S Supreme Court Court cases - more subtle means of updating the Constitution. Hernandez v. Texas (1954) Granted Mexican-Americans equal protection under the law. Brown v. the Board of Education (1954) Struck down segregation in schools Citizens United v. Federal Election Commission (2010) Corporations have 1st amendment rights. Allows corporations to spend unlimited funds on advertising for or against a candidate. Constitutional Progress since 1787/9 - Abolition of slavery (13th Amendment, 1865) - Expansion of suffrage (15th Amendment, 1869; 19th Amendment, 1919) - Direct election of senators (17th Amendment, 1912) - Elimination of poll taxes (24th Amendment, 1962) IV. FOUNDING FATHERS. John Adams He was a Harvard graduate and lawyer. Second president of the U.S, 1797-1801. Massachusetts delegate to the 1st and 2nd Continental Congress. Co-wrote and signed the Declaration of Independence and Treaty of Paris. Benjamin Franklin Excelled in science (lightning rod, bifocals…), writing, music, politics and diplomacy. He was a publisher of the Pennsylvania Gazette. Represented the colonies against the Stamp Act. Presented the list of grievances to King George III. Pennsylvania delegate to the 2nd Continental Congress. Delegate to the Constitutional Convention. Co-wrote the Declaration of Independence. Negotiated the alliance with France against Britain. Co-negotiated the Treaty of Paris. Thomas Jefferson From a wealthy Virginia landowning family. William and Mary graduate and lawyer. 3rd president of the U.S. Bought Louisiana from Napoleon. Virginia delegate at the 2nd Continental Congress. Co-wrote the Declaration of Independence with John Adams and Benjamin Franklin. George Washington 1st president of the U.S (1789 - 1797). He fought in the French and Indian War. Lead the Continental Army to victory in the American Revolution. Virginia delegate at the 1st and 2nd Continental Congress. Delegate to the Constitutional Convention James Madison 4th president of the U.S (1808 - 1817). Princeton graduate in law and languages. Virginia delegate at 2nd Continental Congress. Delegate to the Constitutional Convention. Co-wrote the Federalist Papers. Alexander Hamilton Born in the British West Indies. Moved to New York at age 16. Studied law at Columbia University. Fought in the Revolutionary War. NY delegate to the Constitutional Convention. Co-wrote the Federalist Papers. First U.S Secretary of the Treasury. (1789-95) John Jay Born in NY to a wealthy merchant family. Studied law at Columbia University. NY delegate at 1st and 2nd Continental Congress. Co-wrote the Federalist Papers. 1st Chief Justice of the Supreme Court. UNIT 3: FEDERALISM I. ARTICLES OF CONFEDERATION. - Confederation / confederal system - The states have ultimate authority, not the central government. - Few confederations historically - Holy Roman Empire, German Confederation, Confederate States of America, European Union… Protected the independence and sovereignty of the states - based on the historical memory of the abuse of the British monarchy. Congress could not regulate trade between states or tax citizens. Trade barriers, insufficient funds, weak national identity, vulnerable to attack. II. WHAT IS FEDERALISM?. DEF: “System of government in which sovereignty is constitutionally divided between the national and state government”. Also called dual / shared sovereignty. Current system of government in the United States. Entails the voluntary transfer of some powers from the states to the federal government. Seeks to balance states’ interests with the need for a strong central authority. Today, there are still major tensions between the 2 in the U.S (immigration, climate change). Need for a stronger central authority to ensure economic prosperity and military strength against potential foreign aggression. 2.1 ADVANTAGES OF FEDERALISM Checks and balances. Strong central authority - economic and foreign policy management. Collaborative effort to solve problems. States with significant self-government powers can better manage local problems. More stability in a diverse society. Greater security for small units. 2.2 DISADVANTAGES OF FEDERALISM Checks and balances can lead to inefficient governance. States lose powers to the central governments and may have to follow policies they don’t agree with. Federal governments sometimes abuses its power Danger of secession DIFFERENCE BETWEEN FEDERALISM & UNITARY SYSTEM OF GOVERNMENT In a unitary system, the central government has the power to grant or remove states’ powers. Ex: Spain. Catalonia 2017 - Spanish government removed some of its powers following an unconstitutional referendum (1978 COnstitution, art. 155). Federal powers: Printing money Regulating interstate trade Collecting federal taxes Conducting foreign policy and making treaties Declaring war State powers: Issuing state licenses Holding state elections Collecting state taxes Distributing state benefits Managing state highways and the state judicial system Shay’s Rebellion (1786) - Revolt against farm foreclosures due to excessive property taxes. - 1st mayor armed rebellion in post-revolution America. - Highlighted the inability of the federal government to intervene. - Ma raised an army and supported it. THE STATES Vs. THE FEDERAL GOVERNMENT: THE AMERICAN CIVIL WAR Greatest example in American history of the struggle between states’ rights and the federal government. 1860: Abraham Lincoln was elected president of the United States. South Carolina immediately seceded. Feared the abolition of slavery. 10 other southern states followed and established a separate Constitution→ South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, North Carolina and Tennessee. Lincoln declared secession illegal. He was determined to preserve the Union. 1863: emancipation proclamation freed 3.5 million slaves in the rebel states. Shaped by military strategy, industrial needs and years of resistance from African-Americans. →End of the American Civil War and reconstruction← 1865: southern states surrendered; Lincoln was assassinated. The southern states were military occupied and administered by federal officials. 13th, 14th and 15th Amendments abolished: slavery and granted African-Americans equal civil and political rights. In practice, it was extremely difficult to exercise these rights. Defiance of southern plantation owners, white supremacist Ku Klux Klan, President Johnson and Hayes’ lack of support for former slaves. CIVIL WAR AMENDMENTS 13th Amendment (1865)→ prohibited slavery throughout the nation. 14th Amendment (1868)→ stipulates equal protection and due process under the law for all citizens. 15th Amendment (1870)→ prohibits denying citizens the right to vote based on race. RECONSTRUCTION Johnson returned the lands seized by the Union during the war to the plantation owners and ended the Freedmen’s Bureau. 1877: Hayes withdrew Union troops from the south, ending Reconstruction. Largely a failure in terms of equal rights. After withdrawal, about 80% of the former slaves worked as sharecroppers on plantations. Black Codes→ southern laws that prevented freedom of speech and assembly, criminalized unemployment and vagrancy. Effectively removed the legal gains of the 13th, 14th and 15th amendments. From the end of the Reconstruction to the Civil Rights movement of the 1950s: Jim Crow laws - literacy tests, poll tax, segregation… Racist intimidation preventing the full exercise of civil and political rights. 2.3 HISTORICAL PERIODS OF FEDERALISM Dual Federalism (1865 - 1932): “Doctrine holding that state governments and the federal government have almost completely separate functions”. Cooperative Federalism: strong central government - the New Deal and Civil Rights (1932 - 1969) (FDR, LBJ…). New Federalism (1969 - 1993): shift of powers back to the states (Nixon, Reagan…) - reduce the size of the federal government; give states more flexibility over spending. Modern era (1993 - present): Clinton - “the era of big government is over”. Shift post- 9/11: Bush Jr. - strong federal government (national security, economic crisis). Obama: state-centered federalism - encouraged states to set higher standards in some areas than the federal government (car emissions…) Trump: advocates for a small federal government, but is authoritarian - bullies states to follow his policies. II. CONSTITUTION. Tenth Amendment (1789) - federal government possesses only those powers granted to it by the Constitution. All remaining powers are reserved to the states. National government is supreme in areas it has sole or shared power (supremacy clause). States powers’ are final - cannot be overturned by the central government. Constitution rejects nullification→ the right of states to invalidate acts of Congress they believe are illegal. John Calhoun fought for nullification in the context of slavery. He argued that if nullification were disallowed, the states had the right to secede from the Union. Inspired the secession of 11 southern states (Confederacy). The Supreme Court resolves disputes between the federal government and states. It has done so on many historical occasions. Ex: Fletcher v. Peck, McCulloch v Maryland… III. THE FEDERALIST: A COLLECTION OF PAPERS. JAMES MADISON Born into a wealthy, slave-owning plantation family in Virginia. Studied at the College of New Jersey (Princeton University). “Father of the Constitution”. 4th President of the United States. ALEXANDER HAMILTON Born in the West Indies. Talented writer at an early age, at 15 he was sent to study in North America. Graduated from Columbia University. US Secretary of the Treasury. JOHN JAY Born into a wealthy New York City family. Educated as a lawyer at Columbia University. Chief Justice of the Supreme Court; Governor of New York. THE FEDERALIST PAPERS Compilation of 85 essays Written under the pseudonym: “Publius” Key question How could the United States preserve and defend its territory, while improving the stability of its political institutions and promoting the welfare of its people? THE DEBATE FEDERALISTS ANTI-FEDERALISTS New Constitution No new Constitution Strong and efficient federal government. Strong state governments represent the people and develop a sense of community. American national identity Feared tyranny Defend the nation against internal and external conflict. THE FEDERALIST PAPERS → 1 - 36 1 - 14→ stress the importance of political union in securing a more stable political system. 15 - 22→ point out shortcomings in the articles of Confederation. 23 - 36→ suggest that these problems can be fixed by having a stronger federal →37 - 85 How government departments would function under the new Constitution How this would make the government more effective, powerful and better able to protect citizens’ rights and liberties. How this was an ideal system based on philosophical ideals of individual freedom and collective wellbeing. LEGACY One of the most important documents in United States history (along with the Declaration of Independence and the US Constitution). A classic text of modern political thought. Helped persuade anti-Federalists in New York and other states to ratify the Constitution. Central to enduring debates on national and state government. Cited in hundreds of US Supreme Court cases. Important to debates on democracy, constitutionalism, the separation of powers and minority rights in the US and elsewhere. UNIT 4: CIVIL LIBERTIES RIGHTS I. CIVIL LIBERTIES. “Those rights, such as freedom of speech and religion that are so fundamental that they are outside the authority of the government to regulate”. The Antifederalists argued that the new Constitution did not protect civil liberties - demanded a Bill of Rights. Furthered the natural rights stipulated in the Declaration of Independence. “Rights that every individual has and that government cannot legitimately take away” An effective society requires a balance between individual liberty and public order - age-old debate in political philosophy. Too much freedom can lead to anarchy (“a system in which everyone does what they wish without regard for others”). Too much order can lead to tyranny. The US government can implement different measures that erode civil liberties. The argument is that these are necessary to protect public order / security (ex: surveillance). Naomi Klein’s Shock Doctrine. Governments exploit national crises to pass legislation that reduces civil liberties (Patriot Act) and increases the power of government over its population. 1.1 THE REDUCTION OF CIVIL LIBERTIES: other historical examples 1789: US passed the Sedition Act: not allowed to say / write anything scandalous / malicious against the federal government, Congress or the president. Backdrop: naval confrontation with France. 1861 - 1865: Lincoln suspended the Writ of Habeas Corpus. Southern sympathizers in border states (slave states located between the North and South that did not secede from the Union) would be tried in military rather than civilian courts (⅔ vote rather than unanimity required for conviction). 1918 Sedition Act: banned abusive or profane language against the Constitution, government, or military of the United States. Backdrop: World War I. 1954: US banned the Communist Party and persecuted those alleged to be Communist (Hollywood blacklists, schools fired teachers…) Backdrop: Cold War. 1.2 EROSION OF CIVIL LIBERTIES: historical examples Patriot Act (2001): allows for email and phone tapping and increased information sharing between private and public entities; indefinite detainment of alleged American or foreign enemy combatants. 2013: Edward Snowden revealed that the US government registered/tracked (not recorded) every phone call made in the country, regardless of whether there was any suspicious activity. 1.3 DISCRIMINATION: historical examples African-Americans, women, Native Americans, Latinos, LGBTQ+, people with disabilities. 1882: prohibition of all Chinese immigration to the US. 1921-43: prohibition of all Asian immigration to the US. 1929-36: Mexican Repatriation Act—2 million Mexicans were deported to Mexico during the Great Depression—60% were US citizens. Japanese internment camps (1933-45): 110,000 people of Japanese ancestry (did not apply to Germans …)—Korematsu v. United States: relocation was a legitimate war power. 1.3 FREEDOM OF SPEECH 1919: Shenck v. the United States - Clear and present danger test: “First amendment test that requires the state to prove that the speech in question would lead to a danger that Congress has the right to prevent”. Supreme Court Justice Oliver Wendell Homes: “when a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard them as protected by any constitutional right”. Updated by Brandenburg v. Ohio (1969) Justice William Brennan Jr: the Constitution shall protect freedom of speech and press as long as it is not directed to incite or produce “imminent lawless action”. 1.4 RIGHT TO BEAR ARMS Second amendment: “a well- regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”. Militia→ adult males would protect their states and communities. District of Columbia v. Heller (2008): right to bear arms for lawful purposes, including self defense. Numerous shootings in recent years (Sandy Hook elementary school…). Restrictions vary by state (Alabama, Georgia…: liberal gun laws). The US is the only country with more guns than inhabitants. 1.5 ABORTION Roe v. Wade (1973): national right to a safe and legal abortion during the first two trimesters of pregnancy. Built on Colorado’s abortion law from 1967. 73% of Americans did not want Roe v. Wade overturned. Dobbs v. Jackson Women’s Health Organization (2022) - 6-3 decision to overturn Roe v. Wade. States can now permit, regulate or ban abortion. II. CIVIL RIGHTS. “Set of rights centered around the concept of equal treatment that the government is obliged to protect”. Right to be free from discrimination in education, employment, public facilities and housing (race, gender, ethnicity…). In the US, it is illegal to discriminate in the public and private sectors. US founding fathers did not promote equality as we understand it today. Some were slave-owners. Until the 1830s, most stats only granted voting rights to white males with property. Women had no rights independent of their husbands - could not own property, keep their own wages, or sign job contracts. Slaves could not vote. In some states, free African Americans could not vote. Initially, women and native Americans could not vote. 2.1 CIVIL RIGHTS AND AFRICAN AMERICANS After the passing of the 13th, 14th, 15th Amendments, there were many factors that impeded African Americans’ civil rights. Confederate veterans formed the KKK, poll taxes, literacy tests (discrimination based on race and class). Jim Crow laws: segregated whites and blacks in all public places - schools, libraries, restaurants, hotels, movie theaters… Plessy v. Ferguson (1896) established the separate, but equal doctrine - allowed segregation as long as there were “equivalent facilities” (also applied to Hispanics and Native Americans). Private businesses had the legal right to not serve or hire people on account of race. This changed due to social movements that pressured businesses into serving blacks and pressured Congress to pass legislation that would make private discrimination illegal. 1954: Brown v. Board of Education - racial segregation in schools is unconstitutional (violation of the 14th Amendment). Southern Manifesto: 101 southern members of Congress criticized Brown - some southern states denied funds to integrated schools; segregationist mobs used violence against blacks attending integrated schools. 1955: Rosa Parks was arrested in Montgomery, Alabama for refusing to give up her seat to a white person; MLK bus boycott - Supreme Court declared Montgomery’s segregated bus system unconstitutional. 1957: nine African-American students are blocked from entering an integrated school in Little Rock - National Guard intervenes. 1960: four African-Americans sit down in the “whites only section” of the lunch counters at Woolworth's in North Carolina. 1963: MLK jailed after protest in Birmingham, Alabama; wrote Letter from the Birmingham Jail (peaceful civil disobedience). March on Washington for Jobs and Freedom—I Have a Dream speech. George Wallace prevented two black students from registering at the University of Alabama; JFK sent troops to enforce integration. 1964: LBJ passes Civil Rights Act—prohibits discrimination in public and private employment, education, and places on account of race, religion, or national origin. 14th Amendment only applied to public sector discrimination. 1965: Voting Rights Act—Banned literacy tests and poll taxes. Federal government could intervene in state elections to protect African-Americans’ right to vote. Criminal penalties for those who sought to keep people from voting on account of race. Civil Rights Act of 1968—banned racial discrimination in the rental, sale and financing of property. Thurgood Marshall (1967), Colin Powell (2001), Condoleezza Rice (2005). Barack Obama was president of the US for two terms (2009-17). Wealth gap; poverty; incarceration; police shootings … 2.2 CIVIL RIGHTS AND WOMEN 1869: Wyoming became the first US state to grant women the right to vote. 1920: 19th Amendment—equal voting rights for women. 1963: The Feminine Mystique—relaunched the American feminist movement. 2nd Wave Feminism: employment, reproductive rights, domestic violence. Civil Rights Act of 1964: government can intervene in cases of discrimination based on gender. 1965: women have the legal right to use contraception. Roe v. Wade (1973): women have the right to a safe, legal abortion. 1974: Illegal to discriminate based on gender in rental, sale and financing of property. Sandra Day O’Connor (1981); Madeleine Albright (1997); Nancy Pelosi (2007). 2016: Hillary Clinton—first woman to win a presidential primary; received more popular votes in 2016 than Donald Trump. Still no female president*; women earn 82% what men earn for the same jobs. 2.3 CIVIL RIGHTS AND NATIVE AMERICANS 1924 Indian Citizenship Act: Congress grants citizenship & voting rights to all Native Americans in the United States. 1968 Indian Civil Rights Act (applied the Bill of Rights & 14th Amendment to Native Americans). 2.4 CIVIL RIGHTS AND LATINOS 1928: First Hispanic-American US senator (New Mexico: Octaviano Larrazolo). 1954: Hernández v. Texas: granted Mexican-Americans 14thAmendment rights (equal protection under the law). 1964: Civil Rights Act bans discrimination based on ethnic background. 1970: Cisneros v. Corpus Christi Independent School District: extended Brown vs Board of Education decision to Latinos. 1973: Miami officially becomes bilingual. 2009: Sonia Sotomayor becomes first Hispanic Supreme Court Justice. 60 million people of Hispanic origin in the US today—one-sixth of the population. 2.5 LGTBQ RIGHTS Riots (1969): street protest by gay patrons against a police raid of a gay bar in NY—credited with launching the gay rights movement. 1973: American Psychiatric Association removes homosexuality from its list of mental illnesses. 1974: Kathy Kozachenko becomes the first openly gay person elected to public office (Michigan). 1977: Harvey Milk wins a seat in the San Francisco government and introduces city ordinances protecting gays & lesbians in employment. 1979: National March on Washington for Lesbian & Gay Rights. 1982: Wisconsin becomes the first US state to prohibit public & private employment discrimination based on sexual orientation (23 states today). 2004: Massachusetts became the first state to legalize gay marriage. 2015: Obergefell v. Hodges established that same-sex marriage is legal in all 50 states. Transgender rights (23 states prohibit discrimination based on gender/sexual identity in employment, housing, and public accommodations). 2.6 HISTORICAL EXAMPLES OF DISCRIMINATION African-Americans, women, Native Americans, Latinos, LGBTQ+, people with disabilities. 1882: prohibition of all Chinese immigration to the US. 1921 - 1943: prohibition of all Asian immigration to the US. 1929 - 1936: Mexican repatriation Act - 2 million Mexico during the Great Depression - 60% were US citizens. Japanese internment camps (1933 - 1945): 110.000 people of Japanese ancestry (did not apply to Germans…) - Korematsu v. United States: relocation was a legitimate war power. UNIT 5: THE PRESIDENCY I. CONCEPT. The Constitutional Convention of 1787 invented the American presidency. Having a president as head of State was a rarity at that time - monarchies were the dominant form of government. George Washington: the 1st American President - Commander of the Continental Army and Revolutionary War hero- shaped the early presidency. - Primary responsibility was the defense of the United States. - Did not want to stay in office more than 8 years (1789 - 1797), argued that this would be an abuse of power. II. CONSTITUTIONAL REQUIREMENTS TO BE PRESIDENT. Article 2: “No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution shall be eligible to the Office of President”. Proposed by John Jay to George Washington - fear of foreign infiltration in the young Republic. Historical confusion over the meaning of “natural-born citizen”. Resident of the United States for at least 14 years. At least 35 years old. 2.1 PRESIDENTIAL BACKGROUNDS Presidents have come from many walks of life. Harry Truman: Missouri, farmer, owner of a men’s clothing store. Ronald Reagan: Illinois, radio sports announcer, actor. Barack Obama: Hawaii, community organizer, constitutional law professor. 2.2 PRESIDENTS AND RELIGION All presidents were protestant until 1960. JFK (1960) was the first Catholic president. No confirmed atheist presidents. No Jewish or Muslim presidents 2.3 PRESIDENTS AND RACE AND GENDER All presidents were white until 2008. Barack Obama (2008) was the 1st African-American president. All presidents have been males. Hilary Clinton won the popular vote in 2016, but lost the Electoral College. III. CONSTITUTIONAL REQUIREMENTS TO BE VICE PRESIDENT. When the Constitution was formed, the person who came in second in the presidential election became vice president. 1800: Thomas Jefferson and Aaron Burr tied in the Electoral College - who would be president and vice president? Critics advocated for a constitutional amendment. 12th Amendment (1804): the president and vice president are elected as a team. The vice president must meet the same eligibility criteria as the president. IV. THE PRESIDENCY. Constitution (art. 2); Presidential Succession Act (1947); 25th Amendment (1967): when the president is removed from office by death, resignation, impeachment, or the inability to perform the duties of the office, the vice president becomes president. If the vice president cannot occupy the position, the speaker of the house is next in line, then the president pro tempore of the Senate. 1841: John Tyler became the 1st vice president to succeed a president (William Henry Harrison died in office). 25th Amendment (1967): if the vice president cannot complete their duties, the president nominates a replacement who must be approved by a majority vote in the House and Senate. Richard Nixon named Gerald Ford to replace Spiro Agnew (1973). 25th Amendment also allows for a temporary transfer of power from the president to the vice president in cases of incapacity. In 1985, when president Ronald Reagan had a colonoscopy, vice president George Bush Sr. became acting president for 8 hours. 4.1 PRESIDENTIAL TERM LIMITS 22nd Amendment (1951): limits the president to 2 elected terms. The Republicans proposed this in 1946 after winning a majority in the House and Senate. FDR was president for 4 terms (1933 - 1945). Fear of the Executive becoming too powerful. 4.1.1 Arguments for term limits - Prevent leaders from accumulating too much power. - Prevents the establishment of a political class. - Reduces the likelihood of corruption. - New leaders bring new ideas. 4.1.1 Arguments against term limits - God leaders have to step down. - Accumulative experience is lost. - No long-term political program can be put in place. 4.2 “LAME DUCK PRESIDENT” Lame duck: a president in his second term cannot seek re-election. President has more political freedom; does not have to face voters; less directly responsive to public opinion. The majority of the American public was against keeping troops in Afghanistan in Obama’s second term; he kept them there anyway. 4.3 ELECTORAL COLLEGE Art. 2 of the Constitution. Made up of 538 electors who cast votes to decide the president. 538 = 435 representatives, 100 senators, and 3 electors of the District of Columbia. The number of electors each state has equals its number of senators and representatives. The candidate who receives a majority of electoral votes wins (270). In 17 states, there is a law that requires electors to respect the popular vote result. If no candidate wins at least 270 electoral votes, the House chooses the president and the Senate chooses the vice president. There have been 5 cases in US history in which a candidate has lost the popular vote but won the election. John Adams (1824), Rutherford B. Hayes (1876), Benjamin Harrison (1888), George W. Bush (2000), Donald Trump (2016). In 2016, Hillary Clinton won almost 3 million more popular votes than Donald Trump but lost the election. 4.4 PRESIDENTIAL POWERS Head of State. Oversees the entire federal government. Works with Congress to establish the domestic and foreign policy agenda. Proposes the budget to reflect his/her policy priorities and also proposes legislation to change existing policies or create new ones. Can use executive orders. President is Commander in Chief of the armed forces - directs all war efforts and military conflict. But, Congress has the power to declare war. Can grant pardons and communications for federal crimes. Makes treaties. Receives foreign government officials. Appoints ambassadors, judges and cabinet officials. Can veto legislation - check the power of Congress. Executive orders: instruct federal employees to take a specific action. Eisenhower, executive order 10730: sent military to Little Rock to stop racists from preventing African-American children from entering an integrated school (following the Brown v Board of Education ruling). 4.5 CHECKING PRESIDENTIAL POWERS Congress decides on the budget (president can veto spending measures. Congress can override a presidential veto and executive order with ⅔ vote in the House and Senate. The judiciary can deem an executive order unconstitutional. Congress confirms appointments (simple majority in Senate). Congress ratifies treaties (⅔ majority in Senate; Treaty of Versailles, for example, failed to be ratified. Congress can impeach a president (simple majority in the House; ⅔ majority in the Senate). 4.6 STATE OF UNION ADDRESS Article 2: the president “shall from time to time give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient”. The president is not required to do so annually, but generally does. The president normally presents a broad policy agenda. 4.7 IMPEACHMENT Article 2. The president and vice president are subject to removal for “treason, bribery, and other high crimes and misdemeanors”. Alexander Hamilton in the Federalist Papers: “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. “It will seldom fail to agitate the passions of the whole community, and to divide it into parties more less friendly or inimical to the accused. In many cases, it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or the other; and in such cases there will always be the danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstration of innocence or guilt”. First, the House Judiciary Committee investigates charges and recommends to the House whether to impeach or not. Then, vote in house (simply majority: impeachment) and senate (trial overseen by chief justice of the Supreme Court, ⅔ majority required to convict). The House prosecutes, the president has defense lawyers, and the Senate is the jury. If the president is removed, the vice president takes over. Andrew Johnson, Bill Clinton, and Donald Trump have been impeached by the House, but they have not been convicted by the Senate. Nixon resigned before being impeached in the House. 4.7 WATERGATE Nixon ordered a break-in of the Democratic Party Headquarters to install listening devices to record phones. Bob Woodward and Carl Bernstein of the Washington Post covered the story. Several of Nixon’s aides were convicted of burglary, conspiracy and wiretapping. Nixon recorded all White House conversations. The House and Senate subpoenaed him to turn them over. Nixon abolished the office of special prosecutor; accused of obstruction of justice. Nixon turned over partial transcripts; claimed executive privilege (president’s right to engage in confidential communication with his advisors. United States v. Nixon (1974): executive privilege is not absolute; the Supreme Court must weigh the president’s position against the general interest of society. Because of the attempted cover-up, Nixon resigned before a vote in the House. President Ford, his replacement, pardoned him. 4.8 WAR POWERS Congress has the power to declare war. It has done so 11 times in U.S. history; the last time was WWII. The president, as Commander in Chief, then directs the conflict. Congress can cut off funding for the war at any time. War Powers Act (1973): “The President cannot send troops into military conflict for more than a total of 90 days without seeking a formal declaration of war, or authorization for continued military action, from Congress”. The 90-day limit starts after the President announces the troop engagement to Congress. In theory, the President could send troops into a conflict and not report this to Congress (Obama in Libya in 2011). UNIT 6: THE US CONGRESS I. ORIGIN OF THE US CONGRESS. Federalist Paper 51: the founding fathers believed that it was necessary to create a strong legislature to check executive and represent “the voice of the people”. But, Madison feared Congress’ power could grow to the point where it could not be controlled by the other 2 branches. Bicameral system: - Senate: upper house. - House of representatives: lower house. Originally, citizens voted for state legislatures, which chose the senators-safeguard against too much democracy. The 17th Amendment changed this (1914). II. STRUCTURE OF THE US CONGRESS. House: number of representatives per state based on population size. Senate: 2 senators per state regardless of population size. Rationale: large states would not dominate small states in the most powerful house. 2.1 QUALIFICATIONS FOR THE HOUSE OF REPRESENTATIVES Art. 1, sec. 2. At least 25 years old. Reside in the state they represent. Have been a citizen of the United States for at least the past 7 years. 2.2 QUALIFICATIONS FOR THE SENATE At least 30 years old. Reside in the state they represent. Have been a citizen of the United States for at least 9 years. 2.3 TERM LIMITS OF CONGRESS House: 2 year terms. More eager to pass legislation; prove themselves in a short period of time. Senate: 6 year terms. Take more time to deliberate over legislation. 2.4 CONGRESSIONAL ELECTIONS The House is up for re-election every 2 years. A third of the Senate is renewed at the same time; provides stability. Representatives and senators both serve an average of 10 years. 2.5 REPRESENTING THE PEOPLE Constituency: the set of people that elect a House or Senate member”. Senators represent entire states. Each member of the House represents a congressional district with established geographical boundaries within their state. Seven states are so small they have just one congressional district - MT, WY, ND, SD, VT, DE, AK. Population size and the average size of congressional districts have increased substantially over time. 1789: average size of a congressional district→ 30.000 people. *Average size of a state: 300.000. Today: average size of a district: 711.000 people; California has 39 million people. Originally, the House had 65 members. At least one per state; another for each 30.000 inhabitants. Permanent Apportionment Act of 1929: Congress was capped at 435 members. Response to expanding populations and changing power dynamics. Smaller rural states were losing power to larger urbanized states. Census of the population every 10 years. The House is subject to redistricting - “redrawing of the boundaries of congressional districts in a state to make them approximately equal in population size”. Political parties (through state legislatures) try to redraw the lines in their favor - gerrymandering. After the census, the number of states' seats can be adjusted according to population changes. 2.6 DEMOGRAPHICS OF CONGRESS 116th Congress (2019 - 2021). Predominantly older white males. Women represent 51% of the population, but make up to 25% of the Senate and 23% of the House. There are 25 women in the Senate and 102 in the House. In the Senate, 17 of the women are Democrats, and 8 are Republicans. In the House, 89 women are Democrats and 13 Republicans. 55 African-Americans hold seats in Congress. 44 Latinos hold seats in Congress. 4 Native Americans hold seats in Congress. Average age of House and Senate members was about 60. The House has included members from the Protestant, Catholic, Hindu, Jewish, Greek Orthodox, Mormon, Buddhist, Quaker and Muslim faiths. Ilhan Omar of Minnesota and Rashida Tlaib of Michigan are the first 2 female Muslims. The Senate has included members from the Protestant, Catholic, Mormon, Buddhist and Jewish faiths. 471 members of Congress are Christians (88%). 99% of Republicans identify as Christian. 78% of Democrats. 293 Protestants and 163 Catholics. 36 Jews, 3 Muslims, 2 Buddhists, and 3 Hindus. 2.7 PROFILE OF CONGRESS 96% of Congress has a college education. The majority have studied politics, business, law or education. 203 members of the House previously served in state legislatures. Half of senators were formerly members of the House. 2.8 SPEAKER OF THE HOUSE Chosen by a majority of House members every 2 years (art. 1, section 2). Current Speaker: Mike Johnson (R). Main objective: maintain majority for their party in the House. Supports policies that are popular with the majority of voters. Organizes committee work. 2.9 HOUSE MAJORITY LEADER Second in command after the Speaker of the House. Currently: Steve Scalise (R). Works with the Speaker to decide which party issues to support. Raises campaign contributions for party members. Seeks to appease interest groups that support the party. 2.10 HOUSE MINORITY LEADER Head and spokesperson of the opposition party in the House. Currently: Hakeem Jeffries (D). Tries to be a counterweight to the majority party. Very little power - rarely able to prevent majority party proposals from passing. If the Minority Leader’s party wins control of the House, they tend to be the choice for Speaker. 2.11 PRESIDENT OF THE SENATE The president of the Senate is the vice president of the United States. Currently: Kamala Harris (D). But the vice president is not a senator. Breaks tie votes in the Senate. 2.12 PRESIDENT PRO TEMPORE OF THE SENATE Second in command after the vice president. Currently: Patty Murray (D). Appointed by the Senate. Generally, the oldest serving member from the majority party. Presides over the Senate when the vice president is absent. 2.13 SENATE MAJORITY LEADER Elected by a party with a majority in the Senate. Currently: Chuck Schumer (D). Official scheduler of the Senate floor. Main task: to write and pass legislation in line with the party's goals. Need skills in persuasion to achieve compromise within the party. 2.14 SENATE MINORITY LEADER Present viable alternatives to the majority party’s policy proposals. Currently: Mitch McConnell (R). 2.15 COMMITTEE “A group of legislators assigned to examine new bills, monitor executive departments, or hold hearings on matters of public concern”. 2.16 TYPES OF COMMITTEES - Permanent standing committee: works in a particular policy area (foreign affairs, education…); has the power to write legislation. - Conference committees: reconcile differences between houses on bills. - Select committees: monitor the executive - convene temporarily to scrutinize a particular issue. 2.15 POWERS OF CONGRESS Art. 1, Section 8. Power to lay and collect taxes: “to pay the debts and to provide for the common defense and general welfare”. 16th Amendment (1913): power to establish and collect federal income tax Before that, federal government revenue came from levies (taxes on imported goods) and excise tax (taxes on goods and services). Powers to: - Pass laws. - Establish courts lower than the Supreme Court. - Borrow and coin money. - Raise a military. - Declare war and fund/refuse to fund military operations. - Regulate commerce. - Confirm presidential appointments (simple majority in Senate). - Confirm international treaties (⅔ majority in Senate). - Impeach the president, vice president and supreme court officials. - “Treason, bribery, or other high crimes and misdemeanors (Art. 2, Sec. 4). UNIT 7: JUDICIARY I. ORIGINS OF THE US JUDICIARY. Built on English legal traditions. Trial by jury. Appeals. Precedents. The Articles of Confederation did not mention judicial power or create a federal court system. States could ignore federal requests without fear of punishment. Article III of the US Constitution created the judicial branch. “The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”. However, the US COnstitution did not specify the structure and powers of federal courts. Judiciary Act of 1789 Signed into law by President George Washington. Established the first federal court system, consisting of district courts (lowest level), circuit courts (intermediate level), and the US Supreme Court (highest level). II. QUALIFICATIONS FOR THE US SUPREME COURT. The US Constitution does not include any age, education, work experience, or citizenship requirements to be a Supreme Court justice. It does not even require a law degree. However, in theory, the president would not choose, and the Senate would not confirm, someone who is not highly qualified. III. NOMINATION OF FEDERAL JUDGES. The US president nominates federal judges. The Senate confirms or rejects them. A simple majority vote is required for confirmation. If there is a tie, the vice president (president of the Senate) breaks it. Federal judges serve until they resign/die. IV. FEDERAL COURT JURISDICTION. Federal courts can only hear cases that relate to federal law. If state and federal laws overlap, state cases can be appealed to federal courts. V. DISTRICT COURTS. District Courts: “Federal trial courts at the bottom of the federal judicial hierarchy”. Hear civil (disputes between citizens in different states) and criminal cases (individuals or groups violate federal law). There are 94 district courts in the US. Each has at least one judge nominated by the president and confirmed by the Senate for a life term. Most civil suits are settled out of court. A plaintiff files a complaint to stop the defendant from causing harm or seeks monetary compensation for damages. Courts encourage the parties to try to avoid a trial by using mediation and coming to a settlement. Of the cases that go to trial, ⅔ are decided by juries and ⅓ by judges. In criminal cases, the accused has the right to a trial by jury or a bench trial ( judge decides). Jury in a federal felony case consists of 12 individuals who must reach a verdict unanimously - innocent or guilty. Judge decides the sentence. Defendants can appeal a guilty verdict to the Circuit Court/Court of Appeals. VI. CIRCUIT COURTS / COURT OF APPEALS. Circuit courts: “intermediate federal courts that are above the district courts and below the Supreme Court”. They are the first level of appeal at the federal level. There are 13 circuit courts in the US. Each circuit court has multiple judges (ranging from 6 to 29) nominated by the president and confirmed by the Senate. Three-judge panels normally hear appeal cases. They review the legal accuracy of civil and criminal cases and make a decision. A losing party can appeal cases to the entire circuit for an en banc (“By the full court”) review, or appeal directly to the Supreme Court. VII. APPEALS TO THE SUPREME COURT. The Supreme Court is the final level of appeal. Writ of Certiorari: “request to the Supreme Court that it review a lower case”. The Supreme Court decides whether or not to hear the appeal. If 4 justices agree to hear a case, it grants review (“Rule of 4”). Issue a majority opinion: “opinion of a court laying out the official position of the court in the case”. Concurring opinions: agree with the majority opinion but have different reasoning. Dissenting opinions: argue a minority perspective against the majority opinion. VIII. US SUPREME COURT JUSTICES: APPOINTMENT AND IMPEACHMENT. Appointed for life - in theory, this shields justices from political pressure. Can only be removed via impeachment in the House (simple majority) and conviction in the Senate (⅔ majority). The only US Supreme Court justice to be impeached was Samuel Chase (1805), but he was acquitted by the Senate. IX. COMPOSITION OF THE US SUPREME COURT. Since the Judiciary Act of 1869, there have been 9 judges on the US Supreme Court. John Roberts is the current Chief Justice of the Supreme Court - nominated by president, confirmed by senate. The 8 Associate Justices are: Clarence Thomas, Amy Coney Barrett, Ketanji Brown Jackson, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh. X. CURRENT IDEOLOGICAL LEANINGS OF SUPREME COURT JUSTICES. Conservative: Clarence Thomas (Bush Sr.), Brett Kavanaugh (Trump), Neil Gorsuch (Trump), Samuel Alito (Bush Jr.), John Roberts (Bush Jr.), Amy Coney Barrett (Trump). Liberal: Sonia Sotomayor (Obama), Elena Kagan (Obama), Ketanji Brown Jackson (Biden). XI. SUPREME COURT JURISDICTION. Highest federal court of the United States. Original jurisdiction - “The authority to hear a case directly from a petitioning party”. Hears disputes between states, disputes between the federal government and states, and cases involving foreign ambassadors / consuls. 303 Creative LLC v. Elenis (2023): a graphic designer in Colorado could refuse to create websites for same-sex weddings if it conflicted with their religious beliefs (1st Amendment). Appellate jurisdiction - “The authority to hear cases on appeals from lower courts”. Final arbiter on legal issues. Can review cases that have significant constitutional questions; disputes over the application of federal and state laws; conflicting rulings in different courts. The Supreme Court makes decisions based on the Constitution and judicial precedents - “Practice of reaching decisions based on the previous decisions of judges”. XII. JUDICIAL REVIEW. Marbury v. Madison (1803): established that the Supreme Court had the power of judicial review. Judicial review - “Power of courts to declare actions of Congress, the president, or state officials unconstitutional and therefore void”. Fletcher v. Peck (1810): first time the Supreme Court has tremendous power - unelected judiciary can void legislation passed by an elected Congress and president. XIII. PROBLEM OF JUDICIAL ACTIVISM. Judicial activism: “decisions that go beyond what the law requires, made by judges who seek to impose their own policy preferences on society through their judicial decisions”. Critics say that judges should act with judicial restraint: “judges should respect the decisions of other branches or the decisions of earlier judges, and base their decisions on purely legal issues rather than on their own preferences”. Research shows that supreme court justices respect previous decisions when they are consistent with their ideology. XIV. DIVERSITY IN THE US SUPREME COURT. From 1789-1836, all justices of the SUpreme Court were white male protestants. Historically, 92/116 justices have been protestants. In 1836, Roger Taney became the first Catholic justice. In 1916, Louis Brandeis became the first Jewish justice. In 1967, Thurgood Marshall became the first African American justice. In 1981, Sandra Day O’Connor became the first female justice. In 2009, Sonia Sotomayor became the first Hispanic justice. In 2022, Ketanji Brown Jackson became the first female African-American justice. Still no male Latinos, Asians or native Americans. There have been six foreign-born Supreme Court justices: James Wilson (Scotland), James Iredell (England), William Patterson (Ireland), David Brewer (Turkey), George Sutherland (England), Felix Frankfurter (Austria). Of the 116 Supreme Court justices, 110 have been males. Sandra Day O’Connor, Ruth Ginsburg, Elena Kagan, Sonia Sotomayor, Amy Coney Barrett, and Ketanji Brown Jackson have been the only women. Today, there are 5 men and 4 women. 6 Catholic, 2 protestant, 1 jewish justice. All current Supreme Court justices attended Harvard or Yale law school except Amy Coney Barrett (Notre Dame). UNIT 8: POLITICAL PARTIES I. POLITICAL PARTIES. Political parties are the main body of representative democracy: “a system of government in which members of a community elect people to represent their interests and to make decisions affecting the community”. ★ 5 MAIN ROLES OF POLITICAL PARTIES - Recruitment: find and prepare candidates for public office. - Mobilization: encouraging voters to participate in politics and support them. - Government: win elections, exercise power, and implement agenda. - Guidance: shaping voters’ policy positions. - Aggregation: make policy proposals based on voters’ demands. Members follow a party platform: document that lays out a party’s core beliefs and policy proposals for each presidential election. Parties seek to mobilize the electorate to participate in the political process and support their party platform. Political parties present their platform during presidential electoral campaigns. This includes elements such as national security, health care, education, environment and taxes. There may be dissent within a party, but most politicians will follow their party platform. They do this to be re-elected; otherwise voters could hold them accountable for gaps between their party platform and the policies they support. Party membership defines and represents individual identities: “I am a Democrat” or “I am a Republican” - it is a sign of a allegiance. Individuals identify with political parties for different reasons - their policies represent their core beliefs or interests; their close relatives or social environment affiliates with a particular party… Many young people support the same party as their parents. Political parties serve as a gateway to elected local, state, national public office. It is common for people in public office to affiliate with a political party in college and rise through the ranks after college. They can also serve as a gateway to international nominations (ambassadors, president of the World Bank, etc.). The Republican/Democratic National Committee is the highest level of their political parties. It promotes the party’s platform and coordinates electoral fundraising for the presidential campaign. Its objective is to do everything possible to ensure that their presidential nominee is elected. The 2020 election cost about 14.4 billion, more than double 2016. The Democratic Congressional Campaign Committee and the Democratic Senatorial Campaign Committee raise funds to support incumbent Democrat House and Senate members. The National Republican Congressional Committee and the National Republican Senatorial Committee do the same. State political parties are regulated by the laws of each state. They have a state central committee that raises funds to support party figures in state and local elections. II. PRIMARIES AND CAUCUSES. Open primary: any registered voter may participate in any primary. Closed primary: a voter has to be registered with a political party before voting in their primary. Semi-closed primary: participation is open to party affiliates and independents. Caucus: a political party gathering in which party members deliberate and choose a candidate. In the 2020 presidential election, 46 states used primaries and 4 used caucuses: Iowa, Nevada, North Dakota and Wyoming. III. OPEN AND CLOSED PRIMARIES. Advantages of open primaries: anyone can vote. Disadvantages of open primaries: one party could subvert another’s party’s election process. Advantages of closed primaries: there is no possibility of subversion. Disadvantages of closed primaries: excludes non-party members (those affiliated with the opposing political party and independents). 3.1 PRIMARIES Primary debates and campaigns create competition within a political party. They encourage candidates to reveal negative aspects of each other’s professional/personal lives in order to win. This can weaken the party’s final nominee when they run in the presidential election. Party organizations want their nominee to be the person most likely to win the presidential election. Elite party members can set criteria that determines who takes place in primary television debates - must have a certain % in polls, must meet certain fundraising targets. Party organizations can seek to attract donations for their preferred candidates. Party elites can also endorse one candidate over another. 3.2 DELEGATES A minimum of delegates is assigned to each state. Then, they receive more based on population size. The candidate from each party who wins a majority of the delegates from primaries and caucuses is selected at the national convention as the party’s nominee for president. Delegates are awarded according to state rules. Some states grant them based on the state vote; others do a combination of the state vote and congressional districts. 3.3 POLITICAL FACTIONS In Federalist Papers 10 and 51, Madison predicted the rise of factions - “Groups of individuals who share a common political goal and ally with each other on a temporary basis to accomplish that goal”. He feared that factions could threaten the existence of America’s new democracy. Federalists: a stable federal government could collect tax revenue, raise and maintain a military, regulate foreign and domestic trade and exercise monetary policy. Anti-federalists: advocated for a loosely affiliated group of self-governing sovereign states that would manage their own commerce and tax policies and internal security. The US had just gained its independence from an oppressive monarchy; the anti-federalists feared that a strong central government would do the same as the British Crown. Federalist Papers triumphed, the Constitution came into effect in 1789. George Washington (1789 - 1797), an independent, argued against factions and for moderation. For example, Alexander Hamilton (federalist) was Secretary of the Treasury; Thomas Jefferson (Democratic-Republican) was Secretary of State. IV. POLITICAL PARTIES. The Federalist Party (1787) was led by Alexander Hamilton and fought for a strong central government - supported mainly by northern businessmen, merchants and bankers. Other important members were John Adams and John Jay. The Democratic-Republican Party (1792) - was led by Thomas Jefferson and fought for protecting states’ rights - supported mostly by southern farmers. In 1800, Thomas Jefferson won the presidential election and used his victory to strengthen the Democratic Republican Party. Federalist Party collapsed after the War of 1812. The Democratic Republicans occupied the White House from 1800 - 1829: Jefferson (1801 - 1809), Madison (1809 - 1817), Monroe (1817-1825), Quincy Adams (1825 - 1829). In 1828, the Democratic Republicans split into those who supported Andrew Jackson (Democrats) and those who despised him (Whigs). The Whigs despised Jackson, accusing him of corruption (replacing well-established figures in government with loyal politicians) and expanding executive power - called him “Kim Andrew I”. Democrats or whigs were in power from 1829 until the Civil War. The anti-slavery Whigs founded the Republicans to oppose the Kansas-Nebraska Act, which allowed Kansas and Nebraska to decide if they would allow slavery. Since the Civil War, the 2 major political parties have been the Republicans and the Democrats. Republicans→ powerful in the north, were in favor of industry, and fought against the expansion of slavery. Democrats→ powerful in the south, protected agricultural interests, and were in favor of slavery. V. THE “NEW DEAL” & THE TRANSFORMATION OF AMERICA’S POLITICAL PARTIES. The New Deal transformed the Democrats. During the Great Depression, about a 3rd of the American workforce was unemployed. FDR spread the idea that a strong federal government should help individuals in need (agricultural and factory workers, the poor, unemployed, disabled, retirees). 1932 onward: FDR built a very broad coalition including northerners, southerners, nationalized immigrants, African Americans (who formerly aligned with the Republicans). Beginning of discussions in the United States on income redistribution, higher taxes on the wealthy, social benefits (healthcare, unemployment insurance, pensions, welfare payments to the poor). Those who opposed the New Deal (Republicans) are considered modern conservatives - lower taxes on wealthy, roll back social provisions. After 1932, the two parties switched places. Democrats→ changed from a party that defended states’ rights, low taxes and little government intervention to the party that defended a strong federal social safety net. Republicans→ changed from a party that believed in a strong central federal government to the party of a limited federal government and low taxes and dismantling of the welfare state. This produced a realignment of the electorate: “Long-term shift in voter allegiance from one party to another”... VI. THE “GREAT SOCIETY” & THE TRANSFORMATION OF AMERICA’S POLITICAL PARTIES. In the 1960s, under JFK and LBJ, the Democrats became the party of civil rights for African Americans (Civil RIghts Act of 1964; Voting Rights Act of 1965). LBJ built on FDR’s social provisions and enacted legislation to illegalize discrimination against African Americans. Further shift of African Americans from the Republican party to the Democratic Party. In 2020, 87% of African Americans supported Joe Biden. 61% of Latinos (foreign policy, immigration, religious issues…) 6.1 REAGANISM 1980s: rise of Reaganism - rebranded the Republicans. Social conservatism and neoliberalism. Less government, deregulation, privatization, lower taxes on the rich and large corporations, trickle-down economics, roll back of social programs, appeal to evangelicals, challenged Roe v. Wade, advocated for prayer in public schools, struggled against Soviet communism. Republicans (Reagan and Bush Sr.) held the presidency for the next 12 years (1981 - 1993). 6.2 CLINTON & THE THIRD WAY Bill Clinton (1993 - 2001) changed the Democratic Party platform in response to Reaganism. 1994: Republicans took control of both the House and the Senate for the 1st time since 1954. Sought to appeal to a wider base of voters through The Third Way - socially progressive and economically neoliberal (deregulation, privatization, roll back social provisions, strong links to Wall Street). 6.3 POLITICAL PARTIES IN THE US TODAY Republicans (deregulation, privatization of public services, low taxes on rich and large corporations, dismantlement of welfare state, large donors, anti-workers’ rights, social conservatism…). Divisions over free trade v. protectionism and foreign policy. Democrats divided between: - Progressives (free public university education, national healthcare). - Moderate (socially progressive but neoliberal - closely linked to Wall Street and large donors). Biden’s budget: increase in pensions, tax hikes for wealthy and billion-dollar companies, increase corporate tax, lower medical costs. Result of the economic crisis of 2008, Occupy Wall Street, and pressure from progressive democrats. 6.4 MEDIAN VOTER THEOREM Median voter Theorem (Anthony Downs): theory that, in a two-party race, political parties will seek to be as close to the center as possible in order to maximize votes. Politicians and interest groups on the extremes of the political spectrum challenge this theorem by pressuring parties and candidates to move away from the center by taking on new policies. 6.5 THIRD PARTIES Third parties pressure the 2 dominant parties to incorporate their proposals. Ross Perot of the United We Stand Party forced George Bush Sr. (1989 - 1993) and Bill Clinton (1993 - 2001) to address the federal deficit. Bernie Sanders pressured Joe Biden to forgive a percentage of student loans (2020). 6.5.1 Third Party Movements Tea Party (created 2009) pressured the Republican Party for lower taxes; vehemently opposed the Affordable Care Act. Reaction to Obama presidency and social progressivism - anti-feminist, anti-LGBTQ+, anti-immigration… Influential in shaping president Trump’s party platform in 2016 and Republican policies since. UNIT 9: ELECTIONS AND POLITICAL PARTICIPATION I. ELECTORAL COLLEGE. Art. II of the Constitution. Made up of 538 electors who cast votes to decide the president. 538 = 435 representatives, 100 senators, and 3 electors of the District of Columbia. The number of electors in each state is equal to its number of senators and representatives. The candidate who receives a majority of electoral votes wins (270). If no candidate wins a majority, the House chooses the president and the Senate chooses the vice president. 1.1 ARGUMENTS FOR THE ELECTORAL COLLEGE Candidates need to secure electoral support in battleground states around the country, not just in areas with dense populations. Eliminating the Electoral College would reduce the role of states - a popular vote system would privilege, for example, Los Angeles over Oklahoma. 1.2 ARGUMENTS AGAINST THE ELECTORAL COLLEGE The people do not directly elect the president. The person who wins the popular vote can lose the Electoral College. In 9% of US elections (5/58), the candidate who won the popular vote lost the election (1824, 1876, 1888, 2000, 2016). Electors have the legal right to ignore the popular vote in many states. Presidential candidates ignore a large part of the country - they focus mostly on swing / battleground states. The Electoral College can depress voter turnout if the result in a state is obvious. 1.3 AMENDING THE ELECTORAL COLLEGE A constitutional amendment of the amendment of the Electoral College would require a two-thirds majority in each chamber of Congress and the approval of three-fourths of the states. Another possibility would be for all 50 states to enact state laws requiring electors to respect the popular vote. 1.4 THE ELECTORAL COLLEGE & THE PRESIDENTIAL ELECTION OF 2000 The election result was too close to call. Florida was the decisive state - no candidate had yet reached 270 electoral votes. Most major TV networks announced Gore as the winner, then retracted. The preliminary result was that Bush Jr. won Florida by 537 votes (out of about 6 million cast). Since it was so close, Gore demanded a hand recount to ensure that the result was correct. It became evident that some votes had not been counted, and some had been counted for the wrong candidate. This put the credibility of the American electoral counting system under the spotlight. Bush appealed the decision to the federal court system, claiming that Florida’s hand recount system was too arbitrary - he asked for it to be halted. The federal District Court and Court of Appeals rejected Bush’s request. Bush appealed this to the US Supreme Court. It decided to hear the case, and ruled that the hand recount should be halted because it was too arbitrary and would take too long. The decision was 5-4 five conservative judges voted in favor of Bush, and 4 liberal judges voted in favor of Gore. However, Bush Jr. won the election (271 electoral votes); Gore (266) had to accept the Supreme Court decision. Trump won 306 electoral votes; Hillary won 232. Trump won 30 states; Hillary won 20 states + DC. Hillary won 2.9 million more votes than Trump (the largest margin ever for a losing candidate). 1.5 SWING VOTERS “Voters who are neither reliably Republican nor reliably Democratic who are pursued by each party during an election, as they can determine which candidate wins”. Tends to be about 15% of the electorate. 1.6 SWING / BATTLEGROUND STATES “States that are not clearly pro-republican or pro-democrat and therefore are of vital interest to presidential candidates, as they can determine election outcomes”. The difference between victory and defeat. Candidates will not campaign or spend much effort in states they know they cannot win or will win for sure. Nearly 90% of campaign trips by presidential candidates are to battleground states. In 2024, 7 states were considered to be swing states (Arizona, Nevada, Georgia, Michigan, North Carolina, Pennsylvania and Wisconsin). Therefore, only 1/7 of the US’s population is the focus of presidential candidates. This fact depresses voter turnout in states with obvious outcomes. 1.7 PRESIDENTIAL CAMPAIGNS George Washington was an independent who did not believe in presidential campaigns. In 1789, he was unanimously voted to be president by a group of elite electors. After that, he went to NYC, the nation’s capital at the time, to take his oath of office. In the 1830s, presidents began to travel and campaign actively. Today, campaigns are long and expensive. Today, many candidates run for the presidency; this did not use to be the case. Ex: 16 Democrats ran for the party’s nomination in 2020. 1.8 INCUMBENT PRESIDENTS There have been 47 incumbent presidents. 74% of incumbents have been reelected. 10 ran but were not re-elected (Adams, Quincy Adams, Van Buren, Cleveland, Harrison, Taft, Hoover, Carter, Bush Sr., Trump). 7 incumbents chose not to run for re-election (Polk, Buchanan, Hayes, Coolidge, Truman, LBj, Biden). Grover Cleveland and Donald Trump are the only presidents to serve 2 non-consecutive terms. 1.9 TELEVISED PRESIDENTIAL DEBATES The 1st televised debate took place in 1960 between Kennedy and Nixon. Today, presidential debates are organized by the nonpartisan, non-profit Commission on Presidential Debates - determines the location and sets the rules. 67 million people watched the Trump-Harris debate in 2024. 2020 voter turnout: 67% (158 million people out of 240 million eligible voters). 1.10 PRESIDENTIAL CAMPAIGN FINANCING Hard money refers to contributions regulated by the Federal Election Committee (FEC). It limits the amount of individual contributions made directly to presidential candidates / national committees. It does not allow corporations or labor unions to donate money directly to candidates / national committees. Corporations and unions can set up PACs (Political Action Committees). PACs (separate segregated funds) are pools of money that seek to support a presidential candidate. They do not do this in their name - they do it indirectly through management, employees, or shareholders. The PAC must be registered with the Federal Election Committee and the FEC limits the amount each PAC can contribute. Citizens United v. the FEC (2010) gives corporations and unions 1st Amendment rights. This allows for the creation of Super PACs (soft money). Super PACs: “independent groups that can raise unlimited amounts of money from individuals, labor unions, and corporations and can spend it to support or oppose political candidates or political parties”. Rich individuals and corporations (mega-donors) have had far more influence since 2010. $16 billion has been spent on the 2024 federal elections. The candidate with the most personal wealth and mega donors has an advantage in the presidential race. 1.11 INCUMBENT PRESIDENTS In 2018, 90% of House incumbents and 83% of Senate incumbents won reelection. Incumbents attract substantial funding. Vanishing marginals: “trend marking the decline of competitive congressional elections”. Congressional districts have become heavily Democratic or Republican. This is because of gerrymandering (redrawing of district lines) and individuals generally choosing to live near people with similar values and political leanings. Some critics of incumbency advantage have called for term limits. UNIT 10: THE NEWS & SOCIAL MEDIA I. MASS MEDIA. “New sources, including newspapers, television, radio, and the Internet (social media) whose purpose is to provide a large audience with information about the nation and the world”. II. NEWS MEDIA. “Subset of the mass media that provides the news of the day, gathered and reported by journalists”. Today, news media are far more interactive with the average citizen than in past historical periods - article forums, sharing through social media… News media today is also much faster than in the past. For example, some Americans did not learn about Abraham Lincoln’s assassination for several days. Digital media, 24-hour news, and sharing information through social media help people find out about important events quickly. III. FREEDOM OF THE PRESS. “The independence of the news media from the government”. This is necessary to keep the public critically informed. The role of the press is to act as a watchdog of democracy - should monitor government action and increase accountability. IV. THREE TASKS OF THE MEDIA. - Informing: journalists provide information about topics of interest to the public. - Investigating: journalists make news by researching and revealing information about controversial events (ex: the Watergate scandal). - Interpreting: prioritizing what news is important and providing more analysis than description. V. SLANDER AND LIBEL. - Slander: saying something false that defames one’s character. - Libel: writing something false that defames one’s character. - These are considered a tort - a civil wrong subject to a potential lawsuit. - Courts must decide if the person who said/wrote the information was merely expressing a view or actively trying to ruin someone’s reputation through lies. VI. ACTUAL MALICE. “Supreme Court test for libel of a public figure, in which the plaintiff must prove that the publisher knew the material was false or acted with reckless disregard of whether it was true or false”. Established by NY Times v. Sullivan, 1964. Prior to libel laws, the defamed person and the defamer often settled their disputes with a pistol duel. This is how Vice President Aaron Burr killed Alexander Hamilton in 1804. VII. THE FOUNDING ERA, 1750 - 1790. Newspapers were popular among the literate. Their influence was enhanced by oral readings in town squares and taverns. Newspapers took sides during the Revolutionary War - some backed the Patriots; others supported the British Crown. Virginia Gazette, Massachusetts Spy… Thomas Paine’s Common Sense (1775 - 1776) - a pamphlet attacking King George III - sold 150.000 copies (2.5 million people in the colonies at the time). This was well above the average circulation of political pamphlets, which was 2.000. Federalist Papers vs. Anti-Federalist Papers - another example of political struggle to influence public opinion through the press. VIII. THE PARTISAN ERA, 1790 - 1900. Political parties funded newspapers and used them as an outlet for their ideas. The government passed the 1798 Sedition Act because of the fear that the press would undermine its foreign policy objectives. Made it illegal to publish “false, scandalous and malicious writing” about Congress or the president. In 1830, the penny press began - “Newspapers sold for a penny, initiating an era in which the press began to rely on circulation and advertising for income and not on political parties”. Yellow journalism: “style of journalism in the late-nineteenth century characterized by sensationalism intended to capture readers’ attention and increase circulation”. In 1870, about 13% of newspapers were independent of political parties; in 1900, 50%. IX. THE PROFESSIONAL ERA, 1900 - 1950. Mass circulation newspapers emerge. More emphasis on an independent press and objective reporting (more factual than opinionated). Muckraking: “journalist practice of investigative reporting that seeks to uncover corruption and wrongdoing”. 1930s: golden age of radio - politicians used broadcasts to inform citizens and shape their ideas. For example, FDR’s Fireside Chats. X. THE TELEVISION ERA, 1950 - 2000. Television replaced radio as the most popular medium in American households. Three major networks emerged - ABC, CBS & NBC. Early 1950s: 10% of Americans had TVs. 1960: 90%. Some news presenters became stars (W. Cronkite). 1960: first presidential TV debate (JFK & Nixon). Cable news from 1980 onward gave consumers more options for news (ex: CNN and Fox). As channels increased, TV audiences began to fragment. Fragmentation: readers / listeners / viewers have many TV options, making it more difficult for politicians to reach them. Whereas viewers used to watch news at specific hours (6pm, 11pm), with cable news, now they can be informed throughout the day. 1990s-present: internet, mobile phones, social media shape further fragmentation. XI. THE CURRENT ERA OF MASS MEDIA. Sharp decline in print journalism readership. Social media has become a common source of news. Has profoundly changed how governments and citizens communicate, and how citizens communicate with one another. Pew Research Center: the majority of Americans say they receive their news “often” or “sometimes” from social media. Today, politicians reach voters through TV and social media. The latter has become much more significant since the Obama campaigns. When Trump was in office the first time, he had 89 million Twitter followers and used it to communicate and govern. XI. IDEOLOGIES IN THE UNITED STATES. Left-leaning media: NPR, CNN, MSNBC, NYT, Guardian, Washington Post… Far-left media: Jacobin, the Nation… Conservative: Fox, Wall Street Journal, Financial Times… Far-night media: Sean Hannity, Breitbart News, Newsmax, One America News. XII. MASS MEDIA: FOUR MECHANISMS OF INFLUENCE. - Reinforcement: the media mostly strengthens existing opinions. People consume media that supports their existing outlook. They tend to ignore information that counters their existing beliefs. - Agenda-setting: the media influences what we think and talk about. - Framing: the media encourages readers / listeners / viewers to interpret an issue in a particular way. - Priming: the media influences how we interpret events beyond a particular story. UNIT 11: INTEREST GROUPS I. INTEREST GROUPS. “A group of citizens who share a common political, religious, ideological, social or economic interest and try to influence public policy to benefit its members”. 1.1 OBJECTIVES - To inform: provide information about issues they care about to their

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