Political Science Notes PDF

What is Political Science The systematic, research-based study of government and politics Not rooted in opinion Ultimately the study of power and its use Political science is often called “a soft science” NATURAL SCIENCE VS SOCIAL SCIENCE are stuff and things vs people Social science...

What is Political Science The systematic, research-based study of government and politics Not rooted in opinion Ultimately the study of power and its use Political science is often called “a soft science” NATURAL SCIENCE VS SOCIAL SCIENCE are stuff and things vs people Social science is hard to do because of ethics Why study political science Very few aspects of your life are unaffected by politics You have a responsibility as a member of a Democratic system of government Neglect or mismanagement of politics can lead to dire consequences Political science is the study of government and politics and is different from other sciences because it is based on people. People should study political science because politics is almost everything and to understand their responsibility of being in their government. The Origin of Government Myth/Religion — People would think it is because of a god or another spiritual creature Reason/Logic — People would try to use reason to the best of their ability Science — People will use scientific methods to figure out a problem John Locke Locke relies on philosophical and biblical justification for a constitutional government Natural Rights — Life, Liberty, and Property Government must preserve natural rights or the people have the right to overthrow the government Sovereignty resides in the people Hobbes v. Locke Hobbes Locke Why we need Government? To protect us from ourselves To preserve natural rights Can Government power be No Yes restricted? Do the people have the right No Yes of revolution? Who is sovereign? Monarch People Agree Before government man existed in Nature Government aries from a social contract Chapter 1 Critical thinking Determining what can reasonably be believed and then using the information to reach a thoughtful conclusion Enables citizens to act responsibly Requires a willingness to listing to alternative points of view and a desire to know the facts Critical thinking is more of a learned skill rather than innate ability Obstacles to Critical Thinkings Main barrier: unwillingness of citizens to make the effort to self-inform Cognitive Bias — tendency to interpret information in a way that reinforces preexisting beliefs Overall rise in misinformation ○ Changes in media consumption have meant more people consume biased cable television and internet blogs Political Culture Political Culture — the widely shared and deep-seated beliefs of a country’s people about politics ○ Derived from a country’s traditions America's core ideals are rooted in the European heritage Liberty: the principle that individual should be free to act as they choose, provided they do not infringe unreasonably upon others ○ Unsettled land fostered freedom through migration ○ Many fled Europe to escape religious persecution Individualism: a commitment to personal initiative and self-sufficiency ○ Fostered by the unprecedented economic opportunities of the new World for those willing to work hard enough ○ Tocqueville: Americans’ chief aim is to “remain their own masters” Equality: the notion that all individuals are equal in their moral worth and thereby entitled to equal treatment under the law ○ Perplexing ideal in the early years of the nation, when some were free while others were enslaved ○ Differing opinions on the meaning of equality persist Self-Government: the principle that the people are the ultimate source of governing authority and should have a voice in their governing ○ American colonials had substantial self-determination ○ Vision of a self-governing nation with “powers from the consent of the governed” Politics and Power in America America’s system of government can be described as Democratic, Constitutional, and Free Market Politics — the means by which society settles its conflict and allocates the resulting benefits and costs Power — the ability of persons, groups, or institutions to influence political developments Authority — the recognized right of officials to exercise power A Democratic System Democracy: a system in which the people govern, by direct or representative means In practice, it has come to mean majority rule through the free and open election representatives Other form of government ○ Authoritarian — complete control of the political process ○ Totalitarian — total control of all aspects of life ○ Autocracy — control rest with a single individual ○ Oligarchy — control rest in a small group of people ○ Aristocracy — control by an elite social class ○ Theocracy — control by religious leaders Theories of Democracy ○ Majoritarianism: the majority effectively determines what government does ○ Pluralism: the preferences of special interests largely determine what government does ○ Elitism: the power exercised by well-positioned and highly influential individuals A Constitutional System Constitutionalism: the idea that there are lawful restrictions on government’s power ○ Usually reflected in some sort of document or law ○ Restraints on the power of the majority Legal Action: the use of the courts as a means of asserting rights and interests ○ Channel through which ordinary citizens can exercise power Writers of the U.S. Constitution devised an elaborate system of checks and balance; and a Bill of Rights was added A Free-Market System Capitalism — government should interfere with economic transactions as little as possible Communism — government owns and operates every aspect of the economy Socialism — government owns and operates key industries in the economy Free-market system: a system that operate mainly on private transactions ○ Some government intervention through regulatory, taxing, and spending policies Corporate power: the influence business firms have on public policy The United States has much lower rates of taxation than many Western European countries. Rates also vary between states Chapter 2 Articles of Confederation: Adopted during the Revolutionary War ○ Not a constitution: a fundamental law that defines how a government will legitimately operate ○ Created a weak national government ○ No judiciary or independent Executive ○ Each state had 1 vote  Legislation required 9 of 13 votes in order to pass Amendments to the Articles had to be unanimous ○ Congress couldn’t interfere in states’ commerce ○ Congress couldn’t tax ○ States retained “sovereignty, freedom, and independence” Problems with the articles of confederation ○ National government relied on contributions from the states, which were slow to arrive, if at all Budget crisis led to the liquidation of the navy and the reduction of standing troops ○ States competed with each other Trade wars and tariffs were common ○ Shay’s Rebellion Revolt revealed the weakness of the national government under the Articles Major Goals of the Framers of the Constitution ○ Strong Government-A government strong enough to meet the nation’s needs ○ Federal Government-A government that would not threaten the existence of the separate states ○ Limited Government-A government that would not threaten liberty ○ Representative Government-A government based on popular consent Grants and Denials of Power ○ Grants of power: powers granted to the national government Limit government by stating specific powers in the constitution Total of seventeen powers of Congress listed in Article 1, sec. 8 ○ Denials of power: powers expressly denied to the national and state governments Limit government by stating specific prohibitions in the Constitution ○ Constitution made difficult to amend ⅔ of each chamber of Congress ¾ of State legislatures or conventions Using Power to Offset Power ○ Montesquieu’s concept of a separation of power: powers divided among separate branches rather than investing it entirely in a single individual or institution Separation Institution Sharing Power: Checks and Balances ○ Supreme court over the president— impeach stupid president (DONALD) ○ The Supreme court over Congress ○ Congress over the president ○ Congress over the supreme court ○ President over Congress— Veto ○ President over the supreme court The Great Compromise ○ Virginia Plan, or large state plan  Representation based on the size of a state’s population Greater power to larger state ○ New Jersey Plan, or small state plan Each state would have one vote Equal power to large and small states ○ Great Compromise: a bicameral Congress House of Representatives: proportional representation Senate: equal representation The Three-Fifths Compromise ○ Three-Fifths Compromise: three-fifths of the enslaved population counted for apportionment of taxes and political representation Northern delegates were against counting slaves because they didn't have legal rights Southern delegates were in favor of counting slaves, as this would afford the South more House seats, thus greater political power ○ Congress would be prohibited until 1808 from passing laws to end the slave trade Democracy Versus Republic ○ Democracy, to the framers: a government in which the majority has absolute power Tyranny of the majority: the people acting as an irrational mob that tramples on the rights of the minority ○ Framers preferred the concept of a republic: a government that has limits on its power, where the people have rights guaranteed by a constitution and protected through carefully designed institutions Limited Popular Rule ○ People participate indirectly in the process of government through elected officials ○ House of representatives was initially the only institution based on direct popular election To make government responsive to popular majorities ○ Senators were to be appointed by the legislatures of their states ○ Each state would have the same number of electoral votes as members in Congress, and their electors (the Electoral College) would select the president Bill Of Rights 1. Freedom of Speech and Religion 2. Right to bear arms 3. Government may not quarter troops in your home 4. Search and Seizure 5. Self incrimination, double jeopardy, Grand Jury, just compensation 6. Speedy trial, impartial jury, legal counsel 7. Jury in federal civil cases exceeding $20 8. Cruel and Unusual punishment 9. Listed rights do not preclude others  10. State’s rights The Ratification Debate ○ Delegates established their own ratification process Constitution would become law if approved by at least nine states ○ Anti-Federalists: those who were against a strong nation government National government would be too powerful State self-government and personal liberty would be place at risk Raised argument that still echo in American politics ○ Federalists: proponents of the Constitution The Federalists Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case Judicial Review ○ Power of the judicial branch in early American politics was unclear ○ Judicial branch had, “neither the power of the purse, nor the sword” ○ Marbury v. Madison (1803) Marshall Court strikes down a law passed by Congress that had unconstitutionally expanded it authority ○ Judicial review: the power of the judiciary to decide whether a government officials or institution has acted within the limits of the Constitution and, if not, to declare it null and void Altering the Constitution: More Power to the People ○ Jeffersonian democracy (1800) Antifederalists feared consolidating of political power among elites ○ Jacksonian democracy (1828) First “Blue Collar” President Advocated reform of Electoral College ○ The Progressives (1900) Primary elections — voters select party nominees 17th Amendment — Direct election of senators Referendums and initiatives ○ Other reforms 19th Amendment — women vote Voting Rights Act (1965) 26th Amendment — over 18 vote Numerous expansions of direct forms of democracy Chapter 3 Federalism: Nation and State Sovereignty Sovereignty: Supreme and final governing authority Systems that apportion governmental power: ○ Unitary System: the national government is sovereign ○ Confederacy: the states alone are sovereignty  ○ Federalism: sovereignty is shared by the national government and the states The Argument for Federalism Problems with a too-weak government ○ Public disorder ○ Economic chaos ○ Inadequate defense New federal system would divide power among two levels: national and state ○ Protect liberty ○ Moderate government power through sharing ○ Strengthen the union ○ Promote more responsive government The Powers of the Nation and the States Enumerated (expressed) powers: power granted to the national government in the Constitution ○ Seventeen powers, including measures for a secure defense and stable economy ○ Supremacy clause: nation laws were the supreme law of the land Implied powers: powers of the nation government not expressly written but related to those that are listed ○ “Necessary and Proper” clause, or elastic clause: power to make laws in support of enumerated (expressed) powers Reserves powers: the states’ powers under the Constitution ○ Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States” Federalism in Historical Perspective Initially states entered almost complete autonomy from federal control Power balance begins to shift almost immediately ○ Nationalization: the gradual shift in power from the states to the national government Struggles between states and nation government wax and wane ○ Federal government is much more powerful today ○ Conflict between states and federal government still a major issue Mechanisms for the Expansion of Federal Power Necessary and Proper Clause Article VI Supremacy Clause Commerce Clause General Welfare Clause Fourteenth Amendment Superior Taxing and Spending Power McCulloch v. Maryland (1819) ○ Chief Justice John Marshall ○ Issue 1: Can the Federal government charter a national bank? Yes, through the “necessary and proper clause” (Implied Power)  ○ Issue 2: Can MD levy a tax on the nation bank? No, Federal law and operations are protected by the “supremacy clause” Gibbons v. Ogden (1824) ○ Chief Justice John Marshall ○ New York granted monopoly on ferry transit (Ogden) conflicts with a federal license (Gibbons) ○ Issue: Is the transport of ferry passengers an aspect of interstate commerce? Yes, and the federal government can regulate it under “commerce clause” New York monopoly is also Supreme Court’s continuing interpretation of “commerce clause” restricts or empowers federal government Restrictive rulings: ○ Scott v. Sanford (1857) ○ U.S. v. E.C. Knight Co. (1895) ○ Hammer v. Dagenhart (1918) ○ Schechter Poultry Corp. v. U.S. (1933) Empowering rulings ○ NLRB v. Jones and Laughlin Steel Corp (1937) ○ U.S. v. Darby Lumber Co. ○ Wickard v. Filburn ○ Heart of Atlanta Hotel v. U.S. (1964) & Daniel v. Paul (1969) Models of Federalism Dual federalism: the separation of national and state authority was both possible and desirable ○ Popular until 1937 ○ Layer cake federalism Cooperative federalism: the situation in which the national, state, and local levels work together to solve problems ○ Marble cake federalism ○ Prominent after Great Depression ○ Example: Medicaid Fiscal federalism: the expenditure of federal funds on programs run in part through states and localities ○ Grants-in-aid: cash payments Block grant: federal funds for state programs addressed to a general concern Categorical grant: federal funds restricted to certain state programs Federal grants are given more to states with the lowest incomes and to states who can maintain their own things like New Mexico The federal government get things changed for the states and can threat to stop sending money to have things changed like legal drinking age Can the States Take Back Power? Devolution: the idea that American federalism can be strengthened by a partial shift of power from the national government to the states  ○ Belief held more strongly by Republicans than Democrats The Supreme Court has been sympathetic to states in the late 20th and early 21st centuries ○ U.S. v. Lopez (1995) ○ Dobbs v. Jackson Women’s Health (2022) Legislative deadlock in Congress has forced states to implement broad policies Chapter 11 Congress as a Career: Election to Congress In the nation’s first century, service in Congress was not a career for most of its members ○ High turnover ○ State capitals Modern Congress is a different kind of institution ○ Most members are professional politicians ○ Most seek to make it a career ○ Most incumbents succeed in getting reelected 90% reelection chance among incumbents Advantages of Incumbents Service Strategy — taking care of constituents (taking care of people who elected you) ○ Pork barrel spending — spending on behalf of constituents Fundraising Advantage ○ PAC spending — 85% favors incumbents Advantages of the Office ○ Congressional Staff — continually work on reelection ○ “Frank” privilege — free mailings and travel to district ○ Name recognition Redistricting (House Only) ○ House seats reapportioned after every census (10 years) ○ Partisan Gerrymandering makes many seats uncompetitive Disadvantages of Incumbents Disruptive issues Personal misconduct or scandal Midterm elections ○ Occur midway through the president’s four-year term of office ○ Low turnout among incumbent’s supporters Primary Elections Vulnerability increases likelihood of outside spending Senators may face well known challengers Who Are the Winners in Congressional Elections? There are few constitutional restrictions on who can be elected to congress  ○ House: 25 years old; US resident 7 years ○ Senate: 30 years old; US resident 9 years Substantial informal limits to being elected exist ○ Vast majority of Congressional members are business executives, lawyers, bankers, educators, and journalists ○ An incredible amount of money is needed to run for Congress ○ Other demographics are underrepresented other that class Ex: race, sex, youth, religions, marital status, etc Parties and Party Leadership Congress is a bicameral legislature ○ Two chambers are organized largely along party lines ○ Party members in each chamber elect their party leaders ○ Party caucus: closed session for planning strategy, developing issues, and resolving policy differences Party leaders in the U.S. Congress are comparatively weak to other legislative leaders ○ Members win election largely through their own efforts and are less Party Unity in Congress Parties are the strongest force within government Partisan divide between the parties has grown Parties are more unified ○ Party Unity: members of a party band together on legislation and stand against the opposite party ○ Most progressive Republican is more conservative than the most conservative Democrat ○ Heightened unity is een in the frequency of roll-call votes (recorded votes) Committees and Committee Leadership Most of the work in Congress is conducted through stand committees ○ Permanent committees with responsibility for specific area of public policies ○ Twenty standing committees in the House ○ Sixteen standing committees in the Senate Other committees: ○ Select committees — designated responsibility ○ Joint committees — advisory function ○ Conference committees — temporary; reconciles bills Committee Membership Typically mirror the party ratio of the full Hourse or Senate ○ Majority party holds the majority of seats ○ Members of the house typically serve on only two committees ○ Senators often serve on four committees, only two of which are major committees Most vacancies occur as a result of a retirement or election defeat ○ Parties have special committees in each chamber to decide on committee assignments Committee Chairs  Position of committee chair is a powerful one ○ Schedules committee meetings, determines order, in which bills are considered, presides over discussions, directs staff Committee chair is always member of the majority party and typically has the most seniority (consecutive years of service) on the committee ○ Seniority is strictly based on time served on the committee, not time spend in Congress ○ Seniority system is not absolute How a Bill Becomes a Law Bill: a proposed legislative act ○ Most any party may draft a bill, but members of congress alone can formally submit one for consideration Bills travel a twisted path to become law Special Topic: The Filibuster Filibuster — A procedural tactic whereby a minority of legislators prevents a bill from coming to a vote by holding the floor and talking until the majority givers in and the bill is withdrawn from consideration Cloture — A parliamentary motion ending debate after 30 hours; requires 3/5th majority (60 votes) The filibuster is extremely controversial Many politicians have called for its elimination Lawmaking Function of Congress Under the Constitution, congress is granted the lawmaking function: the authority to make the laws necessary to carry out the national government’s power Fragmented nature of Congress places some limits on its role Fragmentation can also be a policymaking strength ○ Ability to deal with many narrow problems simultaneously, but not broad ones The Representation Function of Congress Representation function has been debated since the nation’s founding ○ Representation of states and districts: focus on the local ○ Representation of the nation through parties: focus on the big issues Partisan divisions are an obstacle ○ Congress has a very low approval level Oversight Function of Congress Oversight function: seeing that the executive branch carries out the laws faithfully ○ Done primarily through the committee system via hearings Congressional interest in oversight increases substantially when the White House is the target Executive branch officials are required to testify when called by Congress to do so ○ Executive branch may withhold confidential information that affects national security by invoking executive privilege In congress, people have a high reelection rate and it is hard for others to be elected Law making process with vetoes, filibuster, and committees The 3 functions in Congress are Oversight, Representative, Lawmaking Chapter 12 Foundations of the Modern Presidency Article II of the Constitution lays out President’s responsibilities: ○ 1. Commander in Chief ○ 2. Chief Executive ○ 3. Chief Diplomat ○ 4. Legislative Leader Language is Article II is broad and ambiguous The Changing Conception of the Presidency Whig theory: presidency is a limited office charged with carrying out the will of Congress Stewardship theory: calls for a strong presidency that is limited only by what the Constitution prohibits ○ Theodore Roosevelt The Need for a Strong Presidency Presidential Power has expanded over time Executing the law has become increasingly complicated Foreign policy leadership Deadlock in Congress: ○ Executive Order — A president directive that implements or interprets a law passed by Congress ○ Executive Agreement — A formal agreement that presidents make on their own with a foreign nation Features of the Office: ○ National election ○ Singular authority Who becomes President? Constitutional requirements: a president must be at least 35 years old; a natural-born citizen; and a U.S. resident for at least 14 years 22nd Amendment limits President to two terms Campaigning is expensive ○ Traditional media advertising cost the most ○ Internet fundraising has gained importance ○ Federal funds are available to candidates, but since 2000, most refuse Selecting the President The Founders originally intended the Electoral College to select the President ○ Independently separate from the state ○. The Nominating Campaign: Primaries and Caucuses Currently voters choose the presidential nominees through electing delegates to national party conventions  ○ Invisible primary: the year leading to the first caucus ○ Primaries (New Hampshire first) ○ Caucuses (Iowa first) One key to success is momentum — a strong showing in early contents that contributes to ongoing support The National Party Conventions Party convention formally selects the presidential candidate Presidential candidate selects the vice-presidential candidate Party decides on a platform Party attempts to heal wounds and divisions from the nominating campaign Conventions are used to build support for the general election The General Election Campaign The Electoral College elects the president ○ There are a total of 538 votes; one for each member of Congress plus 3 for DC ○ Candidate needs 270 to win ○ Most campaigning occurs in battleground states ○ Unit rule — winner of state’s popular vote are awarded all electoral votes ○ ME and NE do not follow unit rule CRITICAL THINKING 1. What is the purpose of the Electoral College? The purpose of the electoral college is to determine who is the president from the election by taking their stance from the popular vote and preventing tyranny of the majority. 2. What are the practical implications of eliminating the Electoral College? The practical implications of eliminating the electoral college is that by removing the electoral college, we can prevent the voting of electoral college members that are not aligned to popular vote. 3. Should we keep, reform, or eliminate the Electoral College? I think we should keep the electoral college because it is important to give each state power for voting, and if the voting was popular votes, then the campaigning would only take place in larger states rather than trying to pull specific states over. Staffing the Presidency Presidential appointees ○ Cabinet secretaries; attorney general, FBI director, etc. ○ Hundreds of other federal executives Each is an extension of the president’s authority Typically, they are party loyalists who are committed to the administration’s policy goals The Vice President Separate elective office, but part of the team OFfice has n constitutional authority other than as presiding officer in the senate Duties are determined by the president ○ Past presidents typically ignored their vice presidents  ○ President Carter redefined the office by assigning VP important duties The Executive Office of the President (EOP) White House Office (WHO) ○ Serves the president most directly ○ Communications Office; Office of the Press Secretary; Office of Legislative Affairs Office of Management and Budget (OMB) National Security council National Economic council The Cabinet and Agency Appointees President’s cabinet are the heads of the 15 executive departments ○ Appointed by the president, confirmed by the senate ○ Cabinet is no longer used as an advisory body Other presidential appointments ○ More than 2000 full-time presidential appointees ○ Heads and top deputies of federal agencies and commissions ○ Nearly 200 ambassadors ○ About half of appointees (including ambassadors and agency heads) require Senate confirmation The Problem of Control Large number of appointees poses a control problem for the president ○ Do not always act in ways that serve the president’s interest Most severe problem is with appointees not working in departments/agencies not within the White House ○ Loyalty is sometimes split between the president and their own agendas ○ Lower-level appointees are a particular problem because they are rarely seen by the president, many are new to politics, and some are “captured” by the agency in which they work Factors in Presidential Leadership Strong presidents have typically had a clear sense of where they want to lead the country and an ability to communicate that vision ○ Ronald Reagon v. Jimmy Carter ○ FDR v. Herber Hoover Presidents must also navigate the check and balances of the other branches and completing interests within the executive branch The Force of Circumstance Special circumstances foster presidential power ○ Decisive election victory; a compelling national problem; and a president who knew was expected and pursued appropriate policies Great Depression: FDR Presidential assassination, civil rights movement, large Democratic majorities: LBJ Economic trouble, high employment: Ronald Reagan The Stage of the President’s Term Honeymoon period following election:  ○ Congress, press, and the people are more predisposed to support the new president’s initiatives ○ More new programs are proposed in a president’s first year in office than in any subsequent year ○ As a result, presidents are often most powerful when they are least experienced Decreased success over time ○ Fewer new ideas or political resources ○ Momentum of election is gone ○ Sources of opposition emerge Lame Duck Period occurs just before president election, president has reduced influence The Nature of the Issue: Foreign or Domestic Presidents have greater power in foreign policy ○ More autonomy in foreign policy actions Executive agreement Use of military force Relationship with executive agencies Congress has greater control over domestic policy ○ Congress at times defer to the president in order to maintain America’s credibility abroad Relations with Congress President has an unrivaled ability to set the national agenda ○ In seeking cooperation, presidents rely on their power of persuasion—and the threat of a veto Partisan support in Congress is often key ○ Unified versus divided government Congress can take steps to curb presidential power ○ Impeachment ○ War Powers Act Public Support Presidential approval ratings typically decrease after the honeymoon period ○ Events and issues influence the public’s approval, such as Chapter 14 The Federal Judicial System Article III of the Constitution established the judiciary as a separate and independent branch ○ Established the U.S. Supreme court ○ Gave Congress the power to establish lower federal courts ○ All federal judges are nominated and appointed by president and confirmed by the Senate ○ No age, residency, or citizenship requirements are delineated in the Constitution The Supreme Court of the United States  Original jurisdiction: the authority to be the first court to hear a case Supreme Court’s original jurisdiction ○ Disputes involving foreign diplomats ○ Suits between states Appellate jurisdiction: the authority to review cases that have already been heard Supreme Court’s appellate jurisdiction: ○ Cases arising under the Constitution, federal law and regulations, and treaties ○ Appeals to legal controversies that cross state or national boundaries Selecting and Deciding Cases Selecting a case: ○ Losing party in a lower court case appeals ○ Four justices must agree to hear the case — rule of four ○ Court issues a writ of certiorari — a request for a record of the case Court seldom accepts routine cases ○ Accepts few cases each year ○ There must be “completing reasons” for accepting a case ○ About three-fourths of Supreme Court decisions reverse the lower courts judgement Supreme Court hearing: ○ Attorney for each side presents oral argument, typically limited to 30 minutes ○ Each also provides a written brief Only the nine justices attend the judicial conference, where the case is discussed, and the justices vote ○ Proceedings are secret, allowing the justices to speak freely Issuing Decisions and Opinions Decision: indicates which party won the case Opinion: explains the legal basis for the decision Opinion types: ○ Majority opinion: a majority agree on the legal basis ○ Plurality opinion: a majority agree on the decision, but they disagree on the legal basis ○ Concurring opinion: a separate view by a justice who agrees with the majority but disagrees with at least some of the reasoning ○ Dissenting opinion: one or more justices on the losing side explain the reason they disagree with the majority position ○ Per curiam opinion: unsigned decision written by court as a whole Other Federal Courts There are 94 U.S. district courts ○ Lowest of the federal courts ○ Chief trial courts of the federal system There are 13 U.S. courts of appeals ○ These courts hear appeals from the district courts Eleven of the courts have jurisdiction over geographical “circuits” One has jurisdiction over the District of Columbia  One has jurisdiction over patents and internal affairs ○ Courts of appeals offer the only real hope of reversal for most appellants Federal Court Appointees President selects nominees and the Senate confirms Task of identifying nominees is often delegated to the deputy attorney general Personal Backgrounds of Judicial Appointees White males represent majority of federal judges Women and minority-group members have made substantial gains in recent decades ○ Most have been appointed by Democratic presidents Supreme Court Nominees Nominations allow a president to influence judicial policy for years, sometimes decades ○ Presidents nominate those with a similar political philosophy ○ George H. W. Bush replaced a very liberal justice (Marshall) with a very conservative one (Thomas) With an open seat on the Court, a tie may result, in which case the lower court decision is upheld The Nature of Judicial Decision Making. Legal Influences on Judicial Decisions Constraints on federal courts ○ Court may only rule upon cases presented to it ○ Facts of a case: the relevant circumstances of a legal dispute or offense ○ Three primary sources of the law: U.S. Constitution Legislative statutes Legal precedents (Stare decisis) ○ Law is not always a precise guide Judicial leeway “Making” law Political Influences on Judicial Decisions Judges’ political beliefs do play a role ○ Often vote in line with their political attitudes ○ Not all issues are clear-out Expectations of the public, groups, and elected officials also have importance ○ Court cannot move too far from public opinion ○ Interests group file amicus curiae briefs to make their positions known ○ Congressional legislation may be rewritten ○ Judicial appointments offer the biggest opportunity to influence the courts Differing Judicial Philosophies Judicial restraint: judges should abide strictly by precedent and legislation ○ Apply the law, never create it Judicial activism: courts should not blindly uphold the decisions of elected officials when core principles are at issue  ○ Practiced by both liberal and conservative courts Constitution does not specify the method by which judges should arrive at their decisions ○ Originalism — Constitution should be interpreted as it was understood at the time they were written ○ Living Constitution Theory — Constitution should be applied in the context of the needs of today’s society Chapter 4 Civil Liberties Civil liberties: specific individual rights constitutionally protect against infringement by government Bill of Rights: the ten amendments that list the rights the federal government must protect Mmmm i love skibidi toilet mmm yes give me all of tht dob dob yes yes im going to skib Put the mango down, this is for my winter arc! Put the still water down, This is for those who know :skull: almost crs Selective incorporation The federal bill of rights initially only protected individuals from the federal government Barron v. Baltimore (1833) ○ The Supreme Court unanimously holds that 5th amendment Protections do not apply to relationships between citizens and individual state governments. The interpretation persisted until post Civil War ○ Congress releases 3 constitutional amendments ○ 13th amendment (1865) — outlaws slavery ○ 14th amendment (1868) — Prevents state from discriminating against newly freed slaves ○ 15th amendment (1870) — Grants vote to African American males Fourteenth amendment's due process clause prevents the states from abridging individual rights ○ “Nor shall any state deprive any person of life, liberty, or property without due process of law” Chicago, Burlington, and Quincy Rail v. Chicago (1897) ○ Overturns Barron ○ Selectively applies one of the Bill of Rights civil liberties to the states Gitlow v. New York (1925) ○ Court reaffirms that states are bound by the 14th amend, even though the NY law is upheld ○. WWII puts the expansion of selective incorporation on hold until the 1960s ○ Mapp v. Ohio (1961) — 4th amendment protection from unreasonable search and seizure applies to the states Some rights in the Bill of Rights have yet to be incorporated  ○ Example: 7th amendment right to a trial by jury in civil cases Freedom of Expression Freedom of Expression — right of an individual to communicate thoughts of their choosing Initially the status of the right of free expression was uncertain ○ Sedition Act of 1798 Can Congress limit freedom of expression, and if so, how much? Schenck v. United States (1919) ○ 1917 Espionage Act ○ Clear-and-present-danger test Brandenburg v. Ohio (1963) ○ Ku Klux Klan ○ Government must prove imminent lawless action test Must advocate or promote violence Must be likely to produce such action Freedom of Speech Hate Speech ○ R.A.V. v. City of St. Paul (1992) Laws prohibiting speech that is likely to cause “anger or alarm” on basis of “race, color, creed, religion or gender,” unconstitutional ○ Snyder v. Phelps (2011) “Hurtful” speech protected by First Amendment Symbolic speech is protected, but less completely than verbal speech ○ Texas v. Johnson (1989) Press Freedom and Libel Law Usually, government prohibition of press prior to publication, prior restraint, is not allowed ○ Must prove national security threat New York Times Co. v. United States (1971) ○ “Pentagon Papers” ○ Extreme burden of proof on government Libel: publishing material that falsely damages a person’s reputation Slander: spoken words that falsely damage a person’s reputation Free Assembly Government cannot restrict assembly unless: ○ Assembly greatly interferes with daily life Example: obstructing a busy highway Gov. can use reasonable srestrictions on time and place National Socialist Party of America v. Skokie, Illinois (1977) ○ Nazis ○ Court geld that freedom of assembly cannot be restricted simply because the possibility of undesired consequences exists Freedom of Religion  Two clauses protect religious freedom: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” The Establishment Clause Wall of separation doctrine — strict separation exists between church and state ○ Engel v. Vitale (1962) Accommodation doctrine — gov. can aid if policy has no preference and is for a non-religious matter ○ Lemon v. Kurtzman (1971) Lemon Test Policy must have a nonreligious purpose Policy’s primary effect must be one that neither advance nor inhibits religion Policy must not foster “an excessive government entanglement with religion” The Free-Exercise Clause Government interference is allowed when the exercise of religious beliefs conflicts with otherwise valid law ○ Satanic human sacrifice ○ Pastafarian religious coverings Burwell v. Hobby Lobby Stores (2014) ○ “Closely held” cinoabues are bit required to provide contraceptives to employees if they have a religious objection Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) ○ Court dodges broad question about the ubterbatuibak if religious expression and discrimination The Right to Bear Arms District of Columbia v. Heller (2008) ○ Court ruled that “the Second Amendment protects an individual right to possess a firearm” McDonald v. Chicago ○ Court further extended the 2008 decision to apply to all state and local governments, effectively incorporating the 2nd amendment into the 14th New York State Rifle and Pistol Association Inc v. Druen (2022) ○ New York’s requirement for applicants to show “proper cause” to receive concealed handgun license unconstitutional The Right of Privacy Griswold v. Connecticut (1965) ○ Americans have a “zone of privacy” that cannot lawfully be denied ○ JUstification found in the 1st, 3rd, 4th, 9th, 14th amendments Lawrence v. Texas (2003) ○ Consensual sexual relations among same-sex adults were protected by right to privacy ○ Reversed Bowers v. Hardwick (1986) The Right to an Abortion  Roe v. Wade (1973) ○ Abortion was protected as a right of privacy ○ States may ot regulate abortion until after 1st trimester Planned Parenthood v. Casey (1992) ○ Abandons trimester framework for “undue burden” Dobbs v. Jackson Women’s Health (2022) ○ Overturns Roe, decision “egregiously wrong” ○ Returns abortion to the states Rights of Persons Accused of Crimes Procedural due process: procedures that authorities must follow before a person can lawfully be punished for an offense U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction and punishment Suspicion Phase: Unreasonable Search and Seizure The 4th Amendment protects citizens against unreasonable searches and seizures ○ No police search is allowed unless there is probable cause that a crime occurred ○ Not a blanket protection; some warrantless searches allowed, based specific situations Recent notable examples ○ (2014) Riley v. California ○ (2014) United States v. Wurle Arrest Phase: Protection against Self-Incrimination 5th amendment protection against self-incrimination ○ An individual cannot “be compelled in any criminal case to be a witness against himself” Miranda v. Arizona (1966) ○ No leal interrogation until the suspect has been warned that his or her words could be used as evidence ○ Led to formulation of the “Miranda warning” Trial Phase: The Right to a Fair Trial 5th amendment grants accused right to a grand jury ○ States are not required to use grand juries; has not been incorporated 6th amendment grants right to legal counsel before and during trial ○ Johnson v. Zerbst (1938) — government has to provide a lawyer in a federal case ○ Gideon v. Wainwright (1963) — states also have to provide legal counsel; 6th amend incorporated 6th amend grants criminal defendants right to a speedy trial and to confront witnesses against them ○ Witherspoon v. Illinois (1968) – must have balance in jury selection At the federal level and sometimes the state level, defendants have a right to a jury trial to be heard by an “impartial jury” Weeks v. United States (1914) ○ Exclusionary rule: evidence obtained in violation of the defendant’s rights cannot be used United States v. Leon (1984)  ○ Good faith exception: admission if police believed they were following proper procedures Nix v. Williams (1984) ○ Inevitable discovery exception: admission if other evidence would have led to the same discovery Whren v. United States (1996) ○ Plain view exception: admission if found in plain sight 8th amendment prohibits “cruel and unusual punishment” ○ Tests consider whether it is “disproportionate to the offense”; violates “fundamental standards of good conscience and fairness”; and is “unnecessarily cruel” Supreme Court generally allows states to decide punishments, but has limited some aspects ○ Banned death penalty for minors and the mentally ill ○ Banned life-without-parole for juveniles; and extended this protection to juveniles convicted before the ban was put in place Chapter 5 Equality through Law Equal rights (civil rights): terms that refer to the right of every person to equal protection under the laws and equal access to sciety’s opportunities and public facilities Civil Liberties (individual rights): Specific rights protected from government intrusion De jure v. de facto equality ○ Equality under law = de jure equality ○ Equality in reality = de facto equality The Fourteenth Amendment: Equal Protection 14th Amendment Equal-protection clause: forbids states from denying equal protection to citizens (1896) Plessy v. Ferguson ○ “separate but equal” The Supreme Court begins chipping away at segregation in the 1930s (1954) Brown v. Board of Education of Topeka ○ Ends school segregation ○ Effectively overturned Plessy Government Discrimination The government is able to apply differential policies to groups based on the attribute selected and the intention of the policy There are three judicial tests to determine Constitutionality: ○ Rational-basis test: inequalities are allowed when they are “reasonably” related to a legitimate government interest Example traits include: age, income, marital status, or parenthood Intermediate scrutiny: Differences in treatment allowed if “substantially related” to the achievement of “important governmental objectives” ○ Example: sex, gender, sexual orientation, disability, and immigration status ○ (1980) Rostker v. Goldberg — an all male draft is constitutional  ○ (1996) United States v. Virginia — particular state college failed to provide an “exceedingly persuasive” argument for male only admission Strict-scrutiny test: presumes the law is unconstitutional unless government can provide a compelling basis for it ○ Suspect classifications: race, national origins, and religion used to classify people are assumed to have discrimination as their purpose ○ (1967) Loving v. Virginia — prohibition against interracial marriage is unconstitutional The Civil Rights Act of 1964 While discrimination by the government was prevented by the 14th amendment’s equal protection clause, protection from discrimination from the private sector was another matter President Kennedy and Johnson pushed 1964 Civil Rights Act Medium-size and large firms cannot discriminate on the basis of race, color, religion, sex, or national origin in the hiring promotion, and, wages of employees Some forms of discrimination are still lawful ○ Example: church-related schools can take religion into account in hiring teachers The Civil Rights Act of 1964 In 1968, Congress passed legislation addressing discrimination in housing ○ Prohibited redlining, the refusal of mortgages for homes in certain neighborhoods, primarily those with large black populations Strong patterns of housing segregation are still apparent African Americans and Hispanics still have more difficulty obtaining mortgages than whites with comparable incomes levels The Voting Rights Act of 1965 Before 1965: ○ Fifteenth Amendment in 1870 granted blacks the vote ○ Blacks were disenfranchised by whites-only primaries, rigged literacy tests, and poll taxes ○ In the mid-1940’s the Supreme Court declared Voting Rights Act of 1965 allowed federal agents to oversee voter registration States were prevented from creating election districts that deliberately diluted the minority vote ○ Weakened significantly by the 2013 Supreme-Court decision Shelby Country v. Holder, which invalidated portions of the law Affirmative Action Affirmative action: deliberate efforts to provide full and equal opportunities in employment, education, and other areas for disadvantaged groups ○ Affirmative action policies apply only to organizations receiving federal funding or contracts ○ Shifts the burden of proof to the organization, not the Affirmative action in law: ○ University of California Regents v. Bakke (1978) State has compelling interest to see diversity in state funded institutions  Quotas to ensure this are unconstitutional ○ Gratz v. Bollinger (2003) Universities cannot assign a specific weight to race as an admissions criteria ○ Grutter v. Bollinger (2003) Universities can take race into account ○ Students for Fair Admission v. Harvard (2023) Chapter 6 The Measurement of Public Opinion Public opinion — politically relevant opinions held by ordinary citizens that are openly expressed Public opinion is very important in a democratic system Public opinion can be difficult to ascertain ○ Traditional method: election votes ○. Public opinion poll: estimate of public sentiment ○ Measures public opinion using randomly chosen population sample(s) and carefully constructed interviews ○ Sample: a relatively small small group of individuals that is part of a larger grou of individuals ○ Population: the larger group of individuals Random selection is the key to scientific polling, which is theoretically based on probability sampling ○ Accuracy of a poll is expected to be Opinion Dimensions Public opinion is characterized by various dimensions ○ Direction: pro or con position on an issue ○ Intensity: how strongly the positions is felt ○ Salience: how important people think the issue is among other issues Problem with Polls Samples are often based on telephone numbers, but some Americans do not have phones ○ Many also refuse to participate in telephone polls Polled individuals may be unfamiliar with issues ○ Responses are considered “non-opinions” Respondents are not always truthful Poorly worded questions and poorly ordered questions can also affect results Political Socialization: The Origins of Americans’ Opinions Political socialization — Process by which people acquire their political opinions Process has two distinguishing characteristics: ○ Heavily influenced in childhood, but continues throughout a person’s lifetime  ○ Effects are cumulative Takes place though primary and secondary agents of socialization Primary Socializing Agents: Family, School, and Church Family: ○ Strongest of all agents of socialization ○ Has a near-monopoly on the attention of the young child School, principally early childhood education: ○ Instrumental in building support for the nation and its cultural beliefs; more so than schools in other democracies ○ Praise for the nation’s political institutions and heroes; Pledge of Allegiance Religion: ○ Scholars have not studied the effects of religion as well as schools or family, but it is a powerful influences for some Secondary Socializing Agents: Peers, Media, Leaders, and Events With age, additional socializing agents come into play and become sources of opinion ○ Peers ○ Media ○ Leaders ○ Events Frames of Reference: How Americans Think Politically Frames of Reference — Points by which individuals evaluate issues and developments are acquired through the socialization process ○ Party identification ○ Political ideology ○ Group orientations Frames of reference are important for two reasons ○ Indicate how people think politically ○ Form a basis for common cause Party Identification Party identification: emotional loyalty(not formal membership) to a political party Major shifts in loyalty are rare ○ Usually these occur in response to a major event Can lead to selective perception Partisanship clearly divides American opinion in the everyday world of politics Political Ideology Ideology: a coherent set of political beliefs Few Americans have a true political ideology Ideological leanings: ○ Economic liberals and economic conservatives ○ Cultural (social) liberals and cultural (social) conservatives ○ Populists: generally, economic liberals who are cultural conservatives ○ Libertarians: generally, economic conservatives who are cultural liberals Group Orientations Many Americans see politics through a lens of group affinity  ○ Religion ○ Economic class ○ Region ○ Race and ethnicity ○ Gender ○ Generations and age Impact of group loyalties is diminished when identification with one group is offset by identification with others: crosscutting Identity Politics — individuals base their concern on group identify and align political beliefs with those with whom they agree Chapter 6 Political Parties Political party: an ongoing coalition of interests joined together in an effort to get its candidates for public office elected under a common label The First Parties America's first pirates originated in the rivalry between Alexander Hamilton and Thomas Jefferson ○ Hamilton’s Federalist Party Focused on strengthening the federal government through national commerce Election defeat in 1800 ended the Federalist control ○ Jeffereson’s Democratic-Republician Party Focused on small farmers and states’ right advocates Policy differences split the party under Monroe Became the party we know today as the Democrats Andrew Jackson and Grassroots Parties Andrew Jackson reorganized Democratic party ○ Grassroots party: party organized at the local level ○ Open to more citizen participation ○ Contributed to a four-fold increase in election turnout New opposition emerged ○ Short-lived Whig Party Northern-based Republicans ○ Won the presidential election of 1860 ○ Lincoln’s election prompted the southern states to secede from the Union Party Realignment. The Nature and Origins of Today’s Party Alignment Passage of the Civil Rights Act alienated Southern Democrats Control of the South shifted to the Republicans ○ State governments and House seats have also gone mostly to Republicans  ○ Democrats offset southern losses with gains in the North ○ Current realignment has been slow ○ Republicans have gained the most Parties are now closely matched in party loyalties Parties and the Vote Party identification determines party support ○ Rare for a party nominee to get less than 80 percent of the partisan vote Voters who cast a straight ticket uniformly support their party’s candidates Far less common is split-ticket voting, supporting candidates from both parties ○ Only about 10 percent of voters split their ticket Electoral and Party Systems For nearly all its history, the United States has had a two-party system ○ Federalists versus Jeffersonian Democratic-Republicans ○ Whigs versus Democrats ○ Republicans versus Democrats Two-party system is the exception Multiparty system: Plurality (Single-Member-District) System of Election American officials are elected by winning a plurality of the votes in single-member districts ○ Candidates who receive the most votes win even if they do not receive a majority of votes for the office ○ Discourages minor party participation Proportional representation system: legislative seats are allocated according to the party’s share of the popular vote ○ Encourages minor party participation Minor (Third) Parties Politics and Coalitions in the Two-party system Overriding goal of a major American party is to gain power y getting its candidates elected ○ Usually this means seeking the center without losing the support of the party faithful ○ Median voter theorem: maximizing votes by appealing to the voter whose preferences are between the two parties Party coalitions: groups and interests that support a party ○ Broad and overlapping, but far from identical Primary Elections and the Weakening of Party Organizations Chapter 9