Estudios Regionales Estados Unidos PDF

TOPIC 1: DEMOCRACY WHAT ARE THE ORIGINES OF DEMOCRACY? Built on primitive forms of democracy (since the hunters and gathers (recolectores)). WHAT IS DIRECT DEMOCRACY? Athenian polis (city/state  small independent political system). “The citizens themselves debate and reach decisions on matters...

TOPIC 1: DEMOCRACY WHAT ARE THE ORIGINES OF DEMOCRACY? Built on primitive forms of democracy (since the hunters and gathers (recolectores)). WHAT IS DIRECT DEMOCRACY? Athenian polis (city/state  small independent political system). “The citizens themselves debate and reach decisions on matters of common interest”. WHAT WERE THE SHORTCOMINGS OF DIRECT DEMOCRACY IN ANCIENT GR EECE? Citizenship/participation was restricted to men whose parents were citizens. Women, slaves, foreign residents and children were excluded. Low turnout (escasa participación), most citizens did not go to assembly meetings. The system was very time consuming and often did not lead to effective governance. Direct democracy could only function in a small community. ANCIENT ROME Rome = Res + Publica = Public affairs Lasted longer than any modern democratic system. The Roman Republic lasted longer (482 Heras) the democracy in Ancient Greece. Not very democratic initially, only a small group of elites could vote for elected representatives and hold office. All males over 15 who descended from the three original tribes of Rome (Ramnes, Tities, Luceres) could vote and hold office, wore white togas. Patricians (aristocrats) dominated the system // Plebeians (commoners) had no voice. Over time, plebeians gained the right to vote and hold office (derecho al voto y a ocupar cargos públicos): Conflict of the Orders. But, political corruption made it difficult for plebeians to reach the highest public offices. DEMOCRACY It has not evolved neatly (cuidadosamente) since Ancient Greece and Rome. It has been created and recreated in different contexts over time (drawing from previous models). Democracy has different forms (US, Canada, UK, Sweden), national culture shapes differences. Social struggle is necessary to protect/improve democracy. 1 DEMOCRATIC ADVANCES IN THE WEST From the 11th century onward (en adelante), elements of modern democracy develop 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. WHAT IS LIBERAL DEMOCRACY? Representative government: “A system of government in which members of a community elect people to represent their intersects and to make decisions affecting the community”. More practical than direct democracy in larger communities. Representative government ensures some degree of popular sovereignty. WHAT IS LBERAL DEMOCRACY ENTAIL? Strong political institutions. Check and balances (control y equilibrios). “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”.  Regular, fair elections (Russia, Venezuela… No)  Political competition  Independent judiciary  Political participation  Universal suffrage  Right to run to public office  Legal protection of civil liberties  Freedom (of speech, of property, of the press, of religion, of assembly) “The rights the citizens have relative to government, and that should not be restricted by government” WHAT ARE SOME FLAWS (DEFECTOS) OF MODERN DEMOCRACY?  Barriers to equality: gender, sexuality, race, religion, ethnicity, class, disability (discapacitados).  Not always one person, one vote.  Gerrymandering: arranging electoral districts in a way that benefits one party over another.  Voter suppression  Disenfranchisement for felonies  Problem with polling stations  Low voter turnout 2  Money and special interests DEMOCRACY GLOBALLY About half the world lives under democratic rule. Major increases since last quarter of 20th century. Fall of dictators in South Europe, end of Cold War, EU integration… DEMOCRACY AND WEALTH Wealthier countries tend to be more democratic. But there are exceptions. Some old rich kingdoms in the Middle East are very authoritarian states. In contrast, India is a lower-middle-income country with a relatively strong democracy. ROBERT DAHL’S DEFINITION OF DEMOCRACY “To deliberate, discuss and decide as a group”. Effective participation: all citizens can freely and 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 citizens should be excluded from political rights. ROBERT DAHL AND DEMOCRACY No states have ever fully lived up to democracy in practice. Democracy grants and protects civil liberties and rights (freedom of speech, assembly…). It grants political equality (voting, running for public office…). Encourages human development and fulfillment (cumplimiento). Allows citizens to shape (dar forma) the laws under which they live. 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 (sabio) individual or group. Argument 3: decision/making is more efficient. Autocracy depends on propaganda and extreme control. When this breaks down, force is used to maintain order. DEMOCRACY GLOBALLY IN 2024 Democracy is declining globally. Even the US, which was considered a reference point for democracy, is vulnerable. Many people believe like their democracies are not delivering what they need. Inflation, inequalities, unemployment, underemployment, rent prices, climate change. 3 DEMOCRACY IN THE UNITED STATES TODAY A recent Associated Press-NORC Center poll (encuesta) 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. TOPIC 2: UNITED STATES CONSTITUTION AMERICAN REVOLUTION 1775-1783 (Military phase) Stamp Act (1765). Taxes on commercial and legal documents, diplomas and newspapers. Colonists published pamphlets denouncing their loss of liberty. They formed trade associations to boycott British goods. They rioted against Stamp Act collectors. In consequence, Britain repealed the Stamp Act in 1766, but replaced it with the Townshend Acts: new taxes on tea, paper, paint, lead and glass. The Townshend Acts were a series of measures, passed by the British Parliament in 1767, that taxed goods imported to the American colonies Colonists protested against Townshend Acts. 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 (Boston Massacre). THOMAS PAINE AND POPULAR SOVEREIGNTY Common Sense (1775-6). People have the right to revolt when the government does not defend their natural rights. Monarchy is corrupt, abusive, and responsible for the inequalities of society. A Republic and representative democracy are a superior, and more just, form of government. BOSTON TEA PARTY (1773) Colonists disguised as Indians boarded East India Company ships. Threw their tea into the Boston harbor (puerto). 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 one in six British adult males had the right to vote for Parliament. Two-thirds of American adult males could vote for their colonial representatives. 4 John Adams: British Parliament should not be able to tax the colonies. Benjamin Franklin established the First Continental Congress (1774). Made up of colonial delegates. Met in Philadelphia. - They discussed tensions between colonial leaders and British Parliament. - Rejected a reconciliation plan with the British King, George III. - Established and agreement among the 13 colonies not to import English goods. July 4 1776: the 13 colonies adopted Declaration of Independence. 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 independent states). The American Revolution was a struggle between patriots and loyalists. The French supported the patriots, they supplied guns and gun powder. Revenge (venganza) for its loss in Seven Years War. 1779-1780: Spanish and Dutch declared war on Britain. British government decided to end the war. Treaty of Paris (1783). 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. ARTICLES OF CONFEDER ATION (1781-9) Weak central government: “league of friendship”. Protected the independence and sovereignty of the states. The states have ultimate authority, not the central government. Congress could declare war, negotiate foreign treaties and print money with the approval of 9/13 states. Instead, it could not regulate trade between states or tax citizens (could only request money from the states). The US had insufficient funds. Could not pay troops salaries. Could not regulate trade, states taxed imports forms other states, impeding economic growth. No national identity, no common army against foreign aggression. WHAT IS A CONSTITUTION? It is a regulator of state power over its citizen. Protector of civil liberties/rights. Provides legal predictability and security. Benchmark (punto de referencia) against which the performance of government can be measured. 5 Preamble: Lofty declaration. Bill of rights: Legal rights. Organizational section: structure and powers of government. Procedures for amendment. CODIFIED AND UNCODIF IED CONSTITUTION Spain  codified. England  uncodified. The US has a codified Constitution. A single document. Series of document that have evolved since the Magna Carta (1215). o Constitutional Convention (1787) 13 states received an invitation to meet in Philadelphia consider revising the Articles of Confederation. 55 delegates form 12 states met. Sent the agreement to the states for ratification (each state had one vote). Needed to be ratified by 9 of 13 states. Rhode Island was the last one. Republican form of government. Representative democracy. Congress: lawmakers. Elected president (Electoral College). o Connecticut Compromise House of Representatives based on proportional representation. Senate comprised 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 The Constitution make emphasis on checks and balances between the three branches of government and states. Federalists supported new Constitution. Anti-federalists opposed it: states would lose too much power, fear federal tyranny. BILL OF RIGHTS It response to anti-federalist concern. Federalists created ten amendments to the Constitution (1789-91). Bill of Rights stipulated individual freedoms. Treaty by jury, due process of law, right to assemble, freedom from unreasonable search… 6 Inspired by English Bill of Rights (1689). SHORTCOMINGS OF US CONSTITUTION Did not stipulate equal political participation (one person, one vote). Did not stipulate equal rights for Black Americans, Native Americans or women. About 20% of the US population at the time were slaves. Revolution did not bring the with freedom. There were about 700.000 slaves when the US Constitution was established. AMENDING THE US CONSTITUTION The US Constitution is very difficult to amend. There have been 27 amendments since 1971, 10 of which were the Bill of Rights. There are two ways to amend the Constitution (Article 5). Constitutional amendment is passed by two-thirds majority in each chamber of Congress and is approved by three-fourths of the states. Or two-thirds of the state’s request a national constitutional convention (meeting) to propose and amendment. The amendment passes if it receives the approval of three-fourths of the states. This method has never been used. CONSTITUTIONAL INTER PRETATION BY THE US SUPREME COURT Court cases: subtler means of updating the Constitution. - Hernandez v. Texas (1954): granted Mexican/American 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 first amendment rights. Allows corporations to spend unlimited funds on advertising for or against a candidate. CONSTITUTIONAL PROGR ESS SINCE 1787/9  Abolition of slavery (13th Amendment, 1865).  African Americans and Women gain the right to vote (15th Amendment, 1869; 19th Amendment, 1919).  Direct election of senators (17th Amendment, 1912).  Elimination of poll taxes (24th Amendment, 1962). FOUNDING FATHERS John Adams (2nd president of the United States, 1797-1801) - Massachusetts delegate to the First and Second Continental Congress. - Co-wrote and signed the Declaration of Independence and Treaty of Paris. Benjamin Franklin - Publisher of the Pennsylvania Gazette. 7 - Represented the colonies against the Stamp Act. - Presented the list of grievances to King George III. - Pennsylvania delegate to the Second Continental Congress. - Delegate to the Constitutional Convention. - Co-wrote the Declaration of Independence. - Negotiated the alliance with France against Britain. Thomas Jefferson (3rd president of the United States) - Virginia delegate at the Second Continental Congress. - Bought Louisiana from Napoleon. George Washington (1st president of the United States, 1789-1797) - Lead the Continental Army to victory in the American Revolution. - Virginia delegate at the First and Second Continental Congress. - Delegate to the Constitutional Convention. James Madison (4th president of the United States) - Virginia delegate at Second Continental Congress. - Delegate to the Constitutional Convention. - Co-wrote the Federalist Papers. - “Father of the Constitution”. Alexander Hamilton - New York delegate to the constitutional Convention. - Co-wrote the Federalist Papers. - First US Secretary of the Treasury (1789-95). John Jay - New York delegate at First and Second Continental Congress. - Co-wrote the Federalist Papers. - First Chief Justice of the Supreme Court. TOPIC 3: FEDERALISM WHAT IS FEDERALISM? It is a system of government in which sovereignty is constitutionally divided between the national and the state government. Also called dual-shared sovereignty. It is the currents system of government in the United States. It entails the voluntary transfer of some powers from the states to the federal government. 8 Seek to balance states’ interests with the need for a strong central authority. Today, there are still major tensions between the two in the US (immigration, climate change…). The central government has more power. DIFFERENCE BETWEEN FEDERALISM AND A UNITARY SYSTEM OF GOVERN MENT In a unitary system, the central government has the power to grant or remove states’ powers. Spain is an example of a unitary system. Catalonia in 2017, Spanish government removed some of its powers following a constitutional referendum (1978 Constitutional, Art. 155). EXAMPLES OF FEDERAL POWERS  Printing money  Regulating interstate trade  Collecting federal taxes  Conducting foreign policy and making treaties  Declaring war EXAMPLES OF STATES POWERS  Issuing state licenses  Holding state elections  Collecting state taxes  Distributing state benefits  Managing state highways (carreteras)  Managing the state judicial system ARTICLES OF CONFEDER ATION 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. SHAY’S REBELLION (1786) Revolt against farm foreclosures (ejecuciones hipotecarias) due to excessive property taxes. It was the first major armed rebellion in post-revolution America. Highlighted (puso de manifiesto) the inability of the federal government to intervene. Massachusetts raised an army and suppressed it. FEDERALISM 9 Need for a stronger central authority to ensure economic prosperity and military strength against potential foreign aggression. 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 DISADVANTAGES OF FEDERALISM  States lose powers to the central government  Checks and balances can lead or inefficient governance  Federal government sometimes abuses its power  States may have to follow policies they don’t agree with  Danger of secession (secesión) CONSTITUTION 10th Amendment (1789): federal government possesses only those powers granted to it by the Constitution. National government is supreme in areas it has sole or shared power (tiene el poder supremo en poderes propios o compartidos con los estados) (supremacy clause). State 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 (anulación) in the context of slavery. He argued that if nullification were disallowed, the states had the right to secede from the Union. He 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. Fletcher v. Peck, McCulloch v. Maryland… THE STATE VS. THE FEDERAL GOVERNMENT: THE AMERICAN CIVIL WAR Greatest example in American history of the struggle between states’ rights and the federal government. South Carolina immediately seceded (se separó). Feared the abolition of slavery. Ten 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 and determined to preserve the Union. 10 1863: emancipation proclamation freed 3.5 million salves 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 assassinated. 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 (el desafío de los propietarios de plantaciones del sur), 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 (tierras confiscadas) 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. Reconstruction is largely a failure (fracaso) in terms of equal rights. After withdrawal (retirada), about 80% of the former slaves worked as sharecroppers on plantations. Black Codes  southern laws that prevented freedom of speech and assembly, criminalised unemployment and vagrancy. Effectively removed the legal gains on the 13th, 14th and 15th Amendments. From the end of 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. THE DEBATE Federalists New Constitution. Strong and efficient federal government. American national identity. Defend the nation against internal and external conflict. Anti-Federalists 11 No new Constitution. Feared tyranny. Strong state governments represent the people and develop a sense of community. THE FEDERALIST PAPER S - 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 government. - 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 the ideal system based on physiological ideals of individual freedom and collective wellbeing. The Federalist Papers is one of the most important documents in United States history, along with the The Declaration of Independence and the US Constitution. It was cited in hundreds of US Supreme Court cases. It was important to debates on democracy, constitutionalism, the separation of powers and minority rights in the US and elsewhere. TOPIC 4: CIVIL LIBERTIES CIVIL LIBERTIES “Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate”. The Antifederalists argued that the new Constitution did not protect civil liberties. They demanded a Bill of Rights. Furthered (fomentó) the natural rights stipulated in the Declaration of Independence. “Rights that very individual has and that government cannot take away”. An effective society requires a balance between individual liberty and public order. Too much freedom can lead to anarchy (“a system in which everyone does what they wish without regard for other”). 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 (surveillance). Governments exploit national crises to pass legislation that reduces civil liberties (Patriot Act) and increases the power of government over its population. 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. 12 THE REDUCTION OF CIV IL LIBERTIES: OTHER HISTORICAL EXAMPLES 1798: 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. 1861-5: Lincoln suspended the Writ of Habeas Corpus. 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. - Backdrop: Cold War. 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. FREEDOM OF SPEECH 1919: Schenck v. the United States  Clear & 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”. 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 keep arms for lawful purposes, including self-defuse. Numerous shootings in recent years. Restrictions vary by state. California: strictest; Texas et al: can carry gun in public without license. US is the only country with more guns than inhabitants. ABORTION 13 Roe v. Wade (1973): national right to a safe and legal abortion during the first two trimesters of pregnancy. Built on state laws passed form 1967. 73% of Americans did not want Roe V. Wade overturned (revocado). CIVIL RIGHTS “Set of rights centered around the concept of equal treatment that 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. Initially, only free males with a certain amount of property could vote. Women had no rights independent of their husbands, could not own property, keep their own wages, or sign contracts. Slaves could not vote. In some states, free African Americans could not vote. Initially, women and Native Americans could not vote. 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 test (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 applicated 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 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: Mark Luther King 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. 14  - George Wallace prevented two black students from registering at the University of Alabama; JFK sent troops to enforce integration. - 1964: Lyndon Baines Johnson passes Civil Rights Act, which prohibits discrimination in employment, education, and places of public accommodation on account of race, religion, or national origin. - Supreme Court upheld Congress ’authority to ban private discrimination under the interstate commerce clause, 14th Amendment only applies to state-sponsored discrimination. - Heart of Atlanta Motel v. the US (1964): interstate commerce clause gave the US government power to make private businesses abide by Civil Rights Act (1964). - 1965: Voting Rights Act  grants the federal government the power to prevent discrimination in voting rights (literacy tests, poll taxes …). - Criminal penalties for those who sought to keep people from voting on account of race. - Civil Rights Act of 1968: prohibits discrimination in housing. Banned racial discrimination in the rental, sale and financing property. - Thurgood Marshall (1967), Colin Powell (2001), Condoleezza Rice (2005); Ketanji Brown Jackson (2022). - Barack Obama was president of the US for two terms (2009-17). Problems persist: wealth gap; poverty; education; incarceration; police shootings … CIVIL RIGHTS AND WOM EN  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).  2nd Wave Feminism: employment, reproductive rights, domestic violence.  1963: Equal Pay Act for women.  Civil Rights Act of 1964: bans employment discrimination on account of gender.  1965: women have the legal right to use contraception.  Roe v. Wade (1973): women have the right to a safe, legal abortion.  1974: Housing discrimination is outlawed on the basis of gender.  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. Pay gap: women earn 82% what men earn for the same jobs. CIVIL RIGHTS AND NAT IVE AMERICANS 1924 Indian Citizenship Act: Congress grants citizenship and voting rights to all Native Americans in the United States. 1968 Indian Civil Rights Act: applied the Bill of Rights and 14th Amendment to federal y recognized tribes. CIVIL RIGHTS AND LAT INOS 15  1917: Puerto Ricans granted US citizenship.  1928: First Hispanic-American US senator (NM: Octaviano Larrazolo).  1954: Hernandez v. Texas: granted Mexican-Americans 14th Amendment 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 decision to Latinos.  1973: Miami officially becomes bilingual.  1988: Lauro Cavazos becomes Secretary of Education  first Latino appointed to a presidential cabinet.  2009: Sonia Sotomayor becomes first Latino Supreme Court Justice. 60 million people of Hispanic origin in the US today  one-sixth of population. 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.  1977: Harvey Milk wins a seat on the San Francisco Board of Supervisors 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 state. Transgender rights (23 states prohibit discrimination based on gender identity in employment, housing, and public accommodations …). TOPIC 5: THE PRESIDENCY THE CONCEPT OF THE PRESIDENCY The Constitutional Convention of 1787 invented the American presidency. Having a president as a Head of State was a rarity at that time, monarchies were the dominant form of government. 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 (1789-97), argued that this would be an abuse of power. CONSTITUTIONAL REQUIREMENTS TO BE PRESIDENT Article II: “No person exceptional 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. 16 - Resident of the United States for at least 14 years. - At least 35 years old. PRESIDENTIAL BACKGROUNDS Presidents have come from many walks of life. - Harry Truman: Missouri, carmen, owner of a men’s clothing store. - Ronald Reagan: Illinois, radio sports announcer, actor. - Barack Obama: Hawaii, community organizer, constitutional law professor. PRESIDENTS AND RELIGION All presidents were protestant until 1960. - JFK (1960) was the first Catholic president. - No confirmes atheist presidents. - No Jewish or Muslim presidents. PRESIDENTS AND RACE AND GENDER All presidents were white until 2008. - Barack Obama (2008) was the first African-American president. All presidents have been males. - Hillary Clinton won the popular vote in 2016, but lost the Electoral College. CONSTITUTIONAL REQUIREMENTS TO BE VICE PRESIDENT When the Constitution was formed, the person who came in second in the presidential election became vice president. CONSTITUTIONAL REQUIREMENTS TO BE 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. THE PRESIDENCY Constitution (Art. II); 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. 17 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 first 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 & 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. PRESIDENTIAL TERM LIMITS 22nd Amendment (1951): Limits the President to two elected terms. Fear of the Executive becoming too powerful. The Republicans proposed this in 1946 after winning majority in the House & Senate. Franklin D. Roosvelt was president for four terms (1933-45). 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.  Good leaders have to step down.  Accumulative experience is lost.  No long-term political program can be put in place. “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. ELECTORAL COLLEGE Art. II of the Constitution 18 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 & representatives. - The candidate who receives a majority of electoral votes wins (270). - If no candidate wins at least 270 electoral votes, the House chooses the president & the Senate chooses the vice president. In 17 states, there is a law that requires electors to respect the popular vote result. 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 three million more popular votes than Donald Trump but lost the election. PRESIDENTIAL POWERS  Head of State.  Oversees the entire federal government.  Works with Congress to establish the domestic & foreign policy agenda.  Proposes the budget to reflect his/her policy priorities.  Proposes legislation to change existing policies or create new ones.  Or s(he) can use executive orders.  President is Commander in Chief of the armed forces, directs all war efforts & military conflict. But, Congress has the power to declare war.  Can grant pardons & commutations for federal crimes.  Makes treaties.  Receives foreign government officials.  Appoints ambassadors, judges & 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 (followed the Brown v Board of Education ruling). CHECKING PRESIDENTIAL POWERS  Congress decides on the budget (president can veto spending measures).  Congress can override a presidential veto & executive order with 2/3 vote in the House & Senate.  The judiciary can deem an executive order unconstitutional.  Congress confirms appointments (simple majority in Senate).  Congress ratifies treaties (2/3 majority in Senate); Treaty of Versailles, for example, failed to be ratified. 19  Congress can impeach a president (simple majority in the House; 2/3 majority in the Senate). STATE OF THE UNION ADDRESS Article II: 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. IMPEACHMENT (JUICIO POLÍTICO) Article II The president & 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”. Alexander Hamilton First, House Judiciary Committee investigates charges and recommends to the House whether to impeach or not. Then, vote in house (simple majority: impeachment) & senate (trial overseen by chief justice of the Supreme Court, 2/3 majority required to convict). House prosecutes, president has defense lawyers, Senate is the jury. If president is removed, 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. WATERGATE Nixon ordered a break-in of the Democratic Party Headquarters to install listening devices to record phones. Bob Woodward & Carl Bernstein of the Washington Post covered the story. Several of Nixon’s aides were convicted of burglary, conspiracy and wiretapping (robo, conspiración y escuchas telefónicas). Nixon recorded all White House conversations. The House and Senate subpoenaed him (le citaron) to turn them over. 20 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; Supreme Court must weight 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. El escándalo Watergate fue un gran escándalo político que tuvo lugar en Estados Unidos a principios de la década de 1970 a raíz del robo de documentos en el complejo de oficinas Watergate de Washington D. C., sede del Comité Nacional del Partido Demócrata de Estados Unidos, y el posterior intento de la administración Nixon de encubrir a los responsables. Cuando la conspiración se destapó, el Congreso de los Estados Unidos inició una investigación, pero la resistencia del gobierno de Richard Nixon a colaborar en esta condujo a una crisis institucional. El término Watergate empezó a abarcar entonces una gran variedad de actividades ilegales en las que estuvieron involucradas personalidades del gobierno estadounidense presidido por Nixon. Estas actividades incluían el acoso a opositores políticos y a personas o funcionarios considerados sospechosos. Nixon y sus colaboradores cercanos ordenaron hacer acoso a grupos de activistas y figuras políticas, utilizando para ello organizaciones policiales o servicios de inteligencia. El escándalo destapó múltiples abusos de poder por parte del gobierno de Nixon, que se saldó con la dimisión de este como presidente de los Estados Unidos en agosto de 1974. 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). TOPIC 6: CONGRESS ORIGINS OF THE US CON GRESS Federalist Paper 51: The founding fathers believed that it was necessary to create a strong legislature to check the executive & 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 two branches. Bicameral system: Senate: upper house; House of Representatives: lower house. Originally, 21 citizens voted for state legislatures, which chose the senators—safeguard against too much democracy. The 17th Amendment changed this (1914). STRUCTURE OF THE US CONGRESS House: number of representatives per state based on population size. Senate: two senators per state regardless of population size. Rationale: large states would not dominate small states in the most powerful house. 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. 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 nine years. TERM LIMITS OF CONGR ESS House: two-year terms More eager to pass legislation; prove themselves in a short period of time. Senate: six-year terms Take more time to deliberate over legislation. CONGRESSIONAL ELECTIONS The House is up for re-election every two years. A third of the Senate is renewed at the same time; provides stability. Representatives & senators both serve an average of 10 years. REPRESENTING PEOPLE Constituency (circunscripción, distrito electoral): “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 has increased substantially over time. 1789: average size of a congressional district: 30,000 people; average size of a state: 300,000. 22  Today: average size of a congressional 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 & 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 (manipulación de las circunscripciones electorales de un territorio). After the census, the number of states seats can be adjusted according to population changes. DEMOGRAPHIC OF CONGR ESS 116th Congress (2019-21). Predominantly older white males. Women represent 51% of the population, but make up 25% of the Senate & 23% of the House. There are 25 women in the Senate & 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 are 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. 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 two female Muslims. Senate has included members from the Protestant, Catholic, Mormon, Buddhist and Jewish faiths. 23  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. 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. SPEAKER OF THE HOUSE Chosen by a majority of House members every two 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. 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. 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. PRESIDENT OF 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. PRESIDENT PRO TEMPOR E OF THE SENATE Second in command after the vice president. Currently: Patty Murray (D). Appointed by the Senate. Generally, oldest serving member from the majority party. 24  Presides over the Senate when the vice president is absent. SENATE MAJORITY LEADER Elected by party with majority in Senate. Currently: Chuck Schumer (D). Official scheduler of Senate business. First to speak on Senate floor. Main task: to write & pass legislation in line with party’s goals. Needs skills in persuasion to achieve compromise within party. SENATE MINORITY LEADER Present viable alternatives to the majority party’s policy proposals. Currently: Mitch McConnell (R). COMMITTEE “A group of legislators assigned to examine new bills, monitor executive departments, or hold hearings on matters of public concern”. TYPES: - Permanent standing committee works in a particular policy area (foreign affairs, education…); has the power to write legislation. - Conference committees: reconcile difference between houses on bills. - Select committees monitor the Executive—convene temporarily to scrutinize a particular issue. 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 & services). Power to pass laws. Power to establish courts lower than the Supreme Court. Power to borrow and coin money. Power to raise a military. Power to declare war and fund/refuse to fund military operations. Power to regulate commerce. Power to confirm presidential appointments (simple majority in Senate). Power to confirm international treaties (2/3 majority in Senate). Power to impeach the president, vice president and Supreme Court officials. “Treason, bribery (soborno) y, or other high crimes and misdemeanors (delitos menores)” (Art. 2, Sec. 4). 25 TOPIC 7: THE JUDICIARY ORIGINS OF THE US JUDICIARY Built on English legal traditions. 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). 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. NOMINATION OF FEDERAL JUDGES 1. The US president nominates federal judges. 2. The Senate confirms or rejects them. 3. A simple majority vote is required for confirmation. 4. If there is a tie, the vice president (president of the Senate) breaks it. 5. Federal judges serve until they resign/die. FEDERAL COURT JURISDICTION Federal courts can only hear cases that relate to federal law. If state and federal laws overlap (se solapan), state cases can be appealed to federal courts. 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. 26 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, 2/3 are decided by juries and 1/3 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 sentence. Defendant can appeal a guilty verdict to the Circuit Court/Court of Appeals. 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. APPEALS TO THE SUPREME COURT 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 four justices agree to hear a case, it grants review (“Rule of Four”). Issue a majority opinion: “Opinion of a court laying out the official position of the court in the case”. - Concurring opinions: Agree with majority opinion but have different reasoning. - Dissenting opinions: Argue a minority perspective against the majority opinion. 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 (2/3 majority). The only US Supreme Court justice to be impeached was Samuel Chase (1805), but he was acquitted by the Senate. 27 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 president, confirmed by Senate. The eight Associate Justices are: Clarence Thomas, Amy Coney Barrett, Ketanji Brown Jackson, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh. CURRENT IDEOLOGICAL LEANINGS OF SUPREME COURT JUSTICES - Conservative: Clarence Thomas (Bush Sr.), Brett Kavanaugh 9Trump), Neil Gorsuch (Trump), Samuel Alito (Brush Sr.), John Roberts (Bush Jr.), Amy Coney Barrett (Trump). - Liberal: Sonia Sotomayor (Obama), Elena Kagan (Obama), Ketanji Brown Jackson (Biden). SUPREME COURT JURISDICTION It is the 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 conflicts with their religion beliefs. Appellate jurisdiction: “The authority to hear cases on appeals from lower courts”.  It is the final arbiter on legal issues. Can review cases that have significant constitutional questions; disputes over the application of federal laws; conflicts between federal and state laws; conflicting rulings in different courts. The Supreme Court makes decisions based on Constitution and judicial precedents: “practice of reaching decisions based on the previous decisions of judges”. 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 declare a state law unconstitutional. The Supreme Court has tremendous power: unelected judiciary can void legislation passed by an elected Congress and president. 28 PROBLEM OF A 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. 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). TOPIC 8: 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 & to make decisions affecting the community” FIVE MAIN ROLES OF POLITICAL PARTIES Recruitment (reclutamiento): 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. 29  Guidance: shaping voters’ policy positions. Aggregation: make policy proposals based on voters’ demands. POLITICAL PARTIES Members follow a party platform (programa electoral): “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, the 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 allegiance (lealtad). 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. They can also serve as a gateway to international nominations (ambassadors, president of the World Bank, etc.). It is common for people in public office to affiliate with a political party in college and rise through the ranks after college. The Republican/Democrat 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. 30 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 & 4 used caucuses: Iowa, Nevada, North Dakota and Wyoming. OPEN AND CLOSED PRIM ARIES 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). 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 (encuestas), 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. 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. POLITICAL FACTIONS 31 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 (1789-97), 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.  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 & 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 & used his victory to strengthen the Democratic Republican Party. The Federalist Party collapsed after the War of 1812. The Democratic Republicans occupied the White House from 1800-1829: Jefferson (1801-9), Madison (1809-17), Monroe (1817-25), Quincy Adams (1825-29). In 1828, the Democratic Republicans split into those who supported Andrew Jackson (Democrats) and those who despised him (Whigs). The Whigs (los blancos) despised Jackson, accusing him of corruption (replacing well-established figures in government with loyal politicians) and expanding executive power, called him “King 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 two major political parties have been the Republicans & the Democrats. Republicans were powerful in the north, were in favor of industry, and fought against the expansion of slavery; the Democrats were powerful in the south, protected agricultural interests, and were in favor of slavery. THE “NEW DEAL” AND THE TRANSFORMATION OF AMERICA’S POLITICAL PARTIES 32 The New Deal transformed the Democrats. During the Great Depression, about a third of the American workforce was unemployed. FDR spread the idea that a strong federal government should help individuals in need (agricultural & 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 & 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 & low taxes & dismantling of the welfare state). This produced a realignment (realineación) of the electorate: “Long-term shift in voter allegiance from one party to another”. THE “GREAT SOCIETY” AND THE TRANSFORMATION OF AMERICA’S POLITICAL PARTIES In the 1960s, under JFK & LBJ, the Democrats became the party of civil rights for African Americans (Civil Rights Act of 1964; Voting Rights Act of 1965). LBJ build on FDR’s social provisions & 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 …). REAGINISM 1980s: rise of Reaganism—rebranded the Republicans. Social converservatism and neoliberalism. Less government, deregulation, privatization, lower taxes on the rich and large corporations, trickle-down economics, roll back of social programs, appeal evangelicals, challenged Roe V. Wade, advocated for prayer in public schools, struggled against Soviet communism. Republicans (Reagan & Bush Sr.) held the presidency for the next 12 years (1981-93). 33 CLINTON AND THE THIR D 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 first time since 1954 Sought to appeal to a wider base of voters through The Third Way—socially progressive & economically neoliberal (deregulation, privatization, roll back social provisions, strong links to Wall Street). 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 democrats (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. 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 & interest groups on the extremes of the political spectrum challenge this theorem by pressuring parties & candidates to move away from the center by taking on new policies. THIRD PARTIES Third parties pressure the two dominant parties to incorporate their proposals. Ross Perot of the United We Stand Party forced George Bush Sr. (1989-93) and Bill Clinton (1993-2001) to address the federal deficit. Bernie Sanders pressured Joe Biden to forgive a percentage of student loans (2020). THIRD PARTY MOVEMENTS Tea Party (created 2009) pressured the Republican Party for lower taxes; vehemently opposed 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 & Republican policies since. 34 TOPIC 9: ELECTIONS, CAMPAIGN FINANCING, AND POLITICAL PARTICIPATION 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 & representatives The candidate who receives a majority of electoral votes wins (270). If no candidate wins a majority, the House chooses the president & the Senate chooses the vice president. 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 ARGUMENTS AGAINST TH E 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. AMENDING THE ELECTOR AL COLLEGE A constitutional 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. THE ELECTORAL COLLEGE AND THE PRESIDENTIAL ELECTION OF 2000 The election result was too close to call. 35 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. THE ELECTORAL COLLEGE AND THE PRESIDENTIAL ELECTION OF 2016 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). 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”. It tends to be about 15% of the electorate. 36 SWING /BATTLEGROUND STATES (ESTADOS INDECISOS) “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. 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 (juramento) of office. In the 1830s, presidents began to travel & campaign actively. Today, campaigns are long and expensive. Today, many candidates run for the presidency; this did not used to be the case. For example, 16 Democrats ran for the party’s nomination in 2020. INCUMBENT PRESIDENTS (PRESIDENTES TITULARES) There have been 47 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 two non-consecutive terms. TELEVISED PRESIDENTIAL DEBATES The first televised debate took place in 1960 between Kennedy & Nixon. Today, presidential debates are organized by the nonpartisan, non-profit Commission on Presidential Debates, who determines the location & 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). PRESIDENTIAL CAMPAIG N FINANCING 37 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 First 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 but cannot coordinate directly with candidates or political parties”. Rich individuals and corporations (mega-donors) have 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. CONGRESSIONAL ELECTIONS 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. TOPIC 10: THE NEWS AND SOCIAL MEDIA MASS MEDIA “News sources, including newspaper, television, radio, and the Internet (social media) whose purpose is to provide a large audience with information about the nation and the world”. 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 … 38 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. FREEDOM OF THE PRESS “The independence of the news media from government”. This is necessary to keep the public critically informed. The role of the press is to act as a watchdog of democracy. It should monitor government action and increase accountability. 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 (for example, the Watergate scandal). - Interpreting: prioritizing what news is important and providing more analysis than description. 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 law suit. 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. 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 & the defamer often settled their disputes with a pistol duel. This is how Vice President Aaron Burr killed Alexander Hamilton in 1804. THE FOUNDING ERA, 1750-1790 Newspapers were popular among the literate. Their influence was enhanced by oral readings in town squares and taverns. 39 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 (1775-6)—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. 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%. 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 & shape their ideas. For example, FDR’s Fireside Chats. THE TELEVISION ERA, 1950-2000 Television replaced radio as the most popular medium in American households. Three major networks emerged: ABC, CBS and 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 (e.g., CNN and Fox). 40 As channels increased, TV audiences begin 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. 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. MEDIA 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-right media: Sean Hannity, Breitbart News, Newsmax, One America News. 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 & 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. 41 TOPIC 11: INTRODUCTION TO AMERICAN POLITICS INTEREST GROUPS INTERSEST 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”. Political interest groups serve to represent diverse public interests, giving a voice to individuals and communities who might otherwise be overlooked by policymakers (que, de otro modo, podrían pasar desapercibidos para los responsables politicos). They advocate for various causes, from environmental protection to social justice, ensuring a wide array (una amplia gama) of perspectives in the political process. These groups significantly influence legislation by providing expertise (experiencia), conducting research (realizando investigaciones), and offering policy recommendations. OBJECTIVES OF INTEREST GROUPS  To inform: provide information about issues they care about to their members, the media, government, and the general public.  To interpret: tell how policy developments will affect their missions and goals. THE FOUNDATION OF THE AMERICAN REPUBLIC AND THE INTEREST GROUPS - Alexis de Tocqueville, Democracy in America. Americans’ desire to form associations as a means of political participation helped make the country a successful democracy (contribuyó a hacer del país una democracia con éxito). - James Madison, Federalist Papers. Fearful of factions dividing young nation. Washington had same fear. But, they could be useful for holding government accountable. The Founding Fathers believed that the opportunity to form groups was a fundamental right that the government could not take away.  Right of Association, enshrined (consagrado) in the First Amendment. LOBBYING “Trying to persuade elected officials to adopt or reject a specific policy change”. Term coined (acuñado) over 300 years ago: those who sought favors from the British government would pace the halls of Parliament waiting for a chance to speak to members. This process was replicated in the US. LOBBY GROUPS Lobby groups exist at the local, state and national levels. There are around 12,000 in Washington DC. About 22 per member of the House and Senate. Located mostly on K Street in Washington DC. 42 PATHWAYS (VÍAS) TO BECOME A LOBBYIST Work experience in Congress, the executive branch, or a contributor to high-level political campaigns. Problem with revolving doors: people moving from one branch of government to another and then to the private sector. LOBBY GROUP STRATEGI ES Inside strategy: deal directly with members of congress (tratar directamente con los congresistas). PACs and SuperPacs donate and campaign to pressure politicians to achieve their objectives. Un Comité de Acción Política (PAC) es una organización que recauda fondos para influir en las elecciones políticas a través de donaciones a candidatos, partidos o causas específicas. Hay diferentes tipos de PACs, incluyendo los Supercomités de Acción que pueden recibir contribuciones ilimitadas de individuos, sindicatos y corporaciones. HISTORICAL EXAMPLES OF LOBBY GROUPS - American Anti-Slavery Society distributed pamphlets and collected signatures. - Suffragette movement fought for right to vote for women. - Workers’ unions have challenged the power of large powerful companies. EXAMPLES OF LOBBY GRO UPS TODAY  National Abortion Rights Action League: right to terminate pregnancy without limitation.  Right to Life: abortions should be forbidden except when the life of the mother is endangered.  American Israel Public Affairs Committee (AIPAC): public advocacy, member mobilization and campaign contributions to pressure Congress. Formed in 1950s; today has over 100,000 active members. GRASSROOTS MOVEMENTS “Organized efforts to challenge specific political issues”. For example, the American Civil Rights movement of the 1950s and 60s. Aimed to pass Civil Rights Act and Voting Rights Act. ANTI-WORKER LOBBY GROUPS Government policies and business lobbies have often sought to undermine (socavar) workers’ rights. For example, 28 states have right to work laws that allow individuals to choose not to join a union (no afiliarse a un sindicato) even if their workplace has a designated union in place. CURRENT WORKER CHALL ENGES At-will employment, automation (automatización), outsourcing (externalización), foreign competition, pro- business policies (políticas favorables a las empresas), sub-contracting, and economic change present challenges to workers. 43 Many workers feel left behind (se sienten abandonados) by public policies. LARGEST PRO-WORKER INTEREST GROUPS IN THE US  National Education Association (NEA): largest labor union in the United States: public school teachers, support personnel, and faculty (profesorado) and staff in higher education institutions.  Service Employees International Union (SEIU): represents workers in healthcare, public services, and janitorial services (servicios de consejería). It is known for its advocacy on behalf of low-wage workers (defensa en nombre de los trabajadores con salarios bajos).  American Federation of State, County and Municipal Employees (AFSCME): represents public sector workers in government offices, schools, and hospitals.  International Brotherhood of Teamsters (IBT): Represents workers in trucking (transporte de carretera), package delivery, freight (transporte), warehouse (almacén), and logistics. GLOBAL HUMAN RIGHTS LOBBY GROUPS  NGOs: “Organizations independent of governments that monitor (supervisan) and improve political, economic and social conditions throughout the world”. Amnesty; Human Rights Watch, campaign for social justice around the world. INTEREST GROUP CHALL ENGES - Leadership accountability (responsabilidad del liderazgo): avoid the Iron Law of Oligarchy (evitar la Ley de Hierro en la Oligarquía).  “Theory that leaders in any organization eventually behave in their own self-interest. The larger the organization, the greater the likelihood that the leader will behave this way”. - Membership stability: increasing membership and ensuring loyalty from previous members. - Free rider: why join if you can reap the benefits anyway? Political and economic public policy changes that undermine their goals. TOPIC 12: US FOREIGN POLICY. IMMIGRATION. LEGAL IMMIGRATION Jurisdiction: Department of Homeland Security; Department of Justice; Department of State. 13.2 legal permanent residents: Latin America (mostly Mexico), followed by Asia and then Europe. Department of State oversees visas; US Citizenship and Immigration Services (USCIS) oversee citizenship. There are student, worker, and family visas. 44 Legal residents received a green card. Once this occurs, five years of continuous residence, along with a citizenship and language test and pledge of allegiance, are required for naturalization. ASYLUM-SEEKERS / REFUGEES The Immigration and Nationality Act of 1990 allows for an annual intake (admisión anual) of refugees. This is normally between 60-100,000. Geneva Convention (UN) defines a refugee as: “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion”. UNDOCUMENTED IMMIGRATION There are also about 12 million undocumented immigrants in the US. Play an important role in the country’s economic development. Low wages (salaries bajos); no benefits; no fear of protest. Many Democrats defend an amnesty and a path to citizenship. Most Democrats support the Dream Act: allow children who entered country illegally with parents to have a path to citizenship (tengan vía a la ciudadanía).