Why government?

Tuesday, May 27, 2014

Why Government?
Order: Prevent chaos. Generally other governments fell because of chaos.
Liberty
Equality
Power: Who gets contracts? Who we buy guns from? This alone can run a government, but
eventually could be overthrown.
Safety Value Moments: Where the ruled are no longer scared of death.
Authority: Belief in the people in power. That they have the legal right to do what they need to
do. Better than just power.
Legitimacy: It is the belief that it is right for them to have the right to have that authority.
Questioned legitimacy when popular vote won for Al Gore but not electoral college.
Constitution has the legitimacy.
Legitimate Power: Most important

Types of Government
Totalitarian: Complete/unlimited power. No check on power like the constitution (or even
morally).
Authoritarian: Some limit like constitution or customs even.
Monarchy: Hereditary leader. Not by merit. AKA vestigial king (owner).
Democracy: Everyone has a voice.
Communism: 1800s, 1900s, gives power to the people differently from what we know.
Fascism: Type of totalitarian, no limits to power still. No stability. Leader can change the rules
whenever he feels like it. Worst form second to theocracy.
Theocracy: Run by the word of god.
Aristocracy: People with the education
Plutocracy: People with the money
Confederal: Member states have all the power.
Federal: We made this government. Before, only unitary and confederal. Power shared among
different levels and different branches of government.
Unitary: All power in the central government
Confederal: All power in the member states.

Direct Democracy
Everyone comes together to meet. Not possible to come all together so we do representative
democracy.
Initiative: People can put stuff on the ballot to vote on it by petition.
Referendum: People can refer things to the citizens to vote on it. (Stadium)
Recall: Call someone out of office and then have them run an election again.
Approaches that influence those who determine public policy
Voting
Lobbying or contacting policymakers: Can spend as much money as you want to change the
outcome of an election. However, you must be born and naturalized citizen, but corporations?
Each side spends like 1 billion dollars.
Writing letters to the paper: Not much effect because not many people read. Many people read
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Writing letters to the paper: Not much effect because not many people read. Many people read
blogs now. Perhaps counter corporations with free social networking.
Representative Democracy: England has a vestigial queen though.
Republic ( can not have a Vestigial King)

Democratic Republic
Universal Suffrage: Everyone should be able to vote unless you give it away or lose it (felony).
Majority Rule: Whoever wins the election, gets to rule, but not unconditionally. But what if
49-51 split? Then we use bill of rights, rather than protecting a few groups, protect individuals.
Minority Protections/Bill of Rights
Constitutional Democracy: Know the rules in writing and upfront.
Limited Government: Government can't just come in and do whatever.

Our Unique Political System

Democratic regimes allow citizen participation and provide civil rights and liberties
United States, Canada, Mexico, France, India
Totalitarian regimes significantly limit citizen participation and do not protect civil rights or
liberties
North Korea, Saudi Arabia, China, Egypt

Political Philosophy
Ancient Philosophers
Socrates: Inventor of logic, search for the truth. Never wrote anything though. Wouldn't take
questions, asked them questions to let them learn themselves.
Plato: Wrote a lot as his student. Tried to design a perfect government, a republic (Wrote the
book of the same name). Hated democracy, because Socrates got himself killed. A good
guardian would always do the right thing. A king should be a philosopher.
Aristotle: There are 3 types of people. Taught Alexander the Great. Said that there are men of
appetite, spirit (motivated by what he believes in (firemen, police, teachers)), thinker (should
be king, Wrote Politics

Bridge
Saint Thomas Aquineas: Beginning of the personal god, because god is everywhere. Bridge
between.

Age of Enlightenment
Jean Jacques Rousseau: Social Contract/Equality/No Oppression
Thomas Hobbes: Our selfish motives; w/o government, life poor, brutish, short, wrote
Leviathan
John Locke: Consent of the governed, Life, Liberty, and Property; wrote Second Treatise of
Civil Government, the government is under a social contract, if people were source of
authority, then can only legitimately act as long as unalienable rights protected
Baron de Montesqueiu: Separation of Powers; Charles the second, avoid oppression by
separating the power to write law (legislation), carry law out (executive), and to judge and
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separating the power to write law (legislation), carry law out (executive), and to judge and
interpret (judicial)

Features of our Government

Majoritarianism: Majority rules,
Protect majority tyranny by bill of rights
Plurism: Every group has the right to participate in policymaking
Initially an issue because of only white property owners
Jackson era to all white males, grassroot politics era
Then slaves, then women, then Native Americans
Due Process: Fairness, We follow the same process for everyone in courts (Appointed a lawyer
if you can't get money)
Equality: Everyone has the same amount of votes , opportunity for all
Bill of Rights: Ensures that everyone has the same rights, protects individuals

Ideologies
Government power over issues
Economic Social
Liberal

Strong

Weak

Conservative Weak

Strong

Libertarian

Weak

Weak

Populist

Strong

Strong

Size
How big should government be?
Disasters
National Security
Private homes
Health
Education
Taxes

Things to understand at the end of this chapter

Foundations (Why do we need government?)
Importance of broad acceptance to successful Democracies
The differences between capitalism, socialism, fascism and communism
Means of production:
Capitalism: Businesses are controlled by private sector and not gov except
critical areas like water, Market directed (what they demand)
Communism: Centrally directed
Pluralism vs. Totalitarianism
Lecture in class of philosophers: Socrates, Plato, Aristotle, Locke, Rousseau,
Montesquieu, Hobbes, and Adam Smith

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Chapter 2: The Constitution

Wednesday, May 28, 2014

3:09 PM

Objectives
BACK TO THE FUTURE
THOMAS JEFFERSON AND THE LEWIS AND CLARK CORPS OF DISCOVERY
THE VOTE OF WHERE TO SPEND THE WINTER UNIVERSAL SUFFERAGE
GOVERNMENT VS POLITICS
TYPES OF GOVERNMENT
COLONIAL AMERICA : 5 sectors of politics: NE merchants; southern planters; "royalists" or
holders of royal lands, offices, and patents; shopkeepers, artisans, and laborers; and small
farmers
THE REVOLUTION

Power
RAW POWER
AUTHORITY
LEGITIMACY

DOCUMENTS
DECLARATION OF INDEPENDENCE: Complained about King George III
ARTICLES OF CONFEDERATION: James Madison
CONSTITUTIONAL CONVENTION
U. S. CONSTITUTION
RATIFICATION
BILL OF RIGHTS

GOVERNMENT = INSTITUTIONS , STRUCTURES

RULE DRIVEN
LAW DRIVEN
POLITICS= PROCESSES: How do you get elected?
PARTY DRIVEN
IDEOLOGY BECOMING A MORE IMPORTANT DRIVER: Less and less happy with parties, ideology
makes things "simpler" for people

Types of Governments
Differentiate between different types of governments.
In book:

ANCIENT PHILOSOPHERS
SOCRATES 477-399 B.C.E. (before the common era)
LOGIC, SOCRATIC METHOD, NO WRITINGS, KNOWN BY WRITINGS OF PLATO AND XENOPHON
HIS STUDENTS, HEMLOCK
PLATO,428-347 B.C.E. WROTE AFTER SOCRATES DEATH REPUBLIC, Philosopher King, Do the
right thing (Men of reason, spirit, appetite)
ARISTOTLE384-322 B.C.E. POLITICS, Authority, Ethics
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ARISTOTLE384-322 B.C.E. POLITICS, Authority, Ethics

AGE OF ENLIGHTENMENT PHILOSOPHERS

JEAN JACQUES ROUSSEAU/SOCIAL *CONTRACT/EQUALITY/NO OPPRESSION

JOHN LOCKE/CONSENT OF THE GOVERNED/LIFE,LIBERTY & PROPERTY
THOMAS HOBBES/OURSELFISH MOTIVES
BARON DE MONTESQUEIU/SEPARATION OF POWERS

The American Revolution

Identify the core principles of the American Revolution.
No taxation without representation. Mostly the Elites (Northern Merchants Southern
Planters)
Boston Massacre (Not supported by Elites Chrispus Attucks ( see statements in text re Massacre
p.40)
The Boston Tea Party (After a monopoly was granted to British East India Tea Company)
Coercive Acts (Intolerable Acts)
Natural Rights
John Locke
Adam Smith
Thomas Paine
****IDENTIFY THE CORE PRINCIPLES OF THE AMERICAN REVOLUTION
NOTE THAT COLONIAL AMERICA WAS NOT BAD FOR THE ELITES (NORTHERN MERCHANTS,
SOUTHERN PLANTERS AND ROYALISTS UNTIL TAXES FOLLOWING THE FRENCH AND INDIAN
WAR (7 YEARS)

LITTLE ENGLISHMEN OR BIG AMERICANS

TAXES: Sugar Act 1764,Stamp Act 1765,Townsend Revenue Act and the Tea Act (monopoly for
British East India Company
Laws/consent of governed: Declaratory Act 1766( parliament makes our laws), Sugar Act
(no presumption of innocence),Intolerable Acts(British Troops in private homes
French and Indian/Seven Years War was catalyst of tax laws
TAXATION WITHOUT REPRESENTATION

The Declaration of Independence

Battle of Lexington
Second Continental Congress (1775)
Thomas Jefferson Va., Benjamin Franklin Pa., Robert Livingston sent to draft a statement.
What resulted was the Decl. of Ind. Drafted by Jefferson incorporating the theories
of the Age of Enlightenment.
Declaration of Independence
Natural rights
Social contract
Revolution
A few key victories
Thomas Paines Crisis papers, previously Common Sense
French support
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 French support

Baron de Montesqueiu
SEPARATION OF POWERS, Art. 1,Legislative, Art. 2 Executive, Art. 3 Judicial

Madison adopts model

Separation of Powers
Checks and Balances

THE ARTICLES OF CONFEDERATION

*9 VOTES
*NO POWER TO TAX
*STATES HAD OWN CURRENCIES
*Va. AND Pa. Nearly went to war near Pittsburg
*Shays Rebellion: Left a farm for a few years and had nothing left, realization of the issue of the
articles
*Chaos
*A Mere League of Friendship

Determine the reasons for the failure of the Articles of Confederation

What Congress could not do:
Regulate Commerce
Collect Taxes from citizens
Prohibit states from conducting Foreign Affairs
Establish a national commercial system
Force states to comply with laws
Establish a draft
Collect money from states for services
Shayss Rebellion was an armed uprising that shocked the nation in 1786 and led to the
Constitutional Convention a year later.

WRITTEN CONSTITUTION
CONSTITUTIONAL CONVENTION OF 1787:

VIRGINIA (Represent by population) AND NEW JERSEY (Equal representation, 2 reps from
each state, bicameral) PLANS
Maybe able to compromise because of Benjamin Franklin, respected
Create two houses
SLAVERY Art. 1 Sec. 9 - 1808:
Half of the states wanted slavery out, Quakers especially, until 1808 to figure
something out before importation banned
RATIFICATION PROMISE OF BILL OF RIGHTS
Difficulty listing everything but eventually got 10 ammendments
3/5 COMPROMISE
CONNECTICUT /GREAT COMPROMISE

Virginia Plan
Divided power between a legislature, executive, and judiciary
Checks and Balances
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Checks and Balances

Bicameral Congress
Selected Executive
Independent Judiciary
Council of Revision
National Supremacy

New Jersey Plan

Divided governmentlegislature, executive, and judiciary
Unicameral Congress, each state represented equally by one vote
A multi-member Executive
An independent Judiciary
National Supremacy

The Great Compromise

Three branches
Bicameral legislature with the ability to tax and regulate commerce
Single executive
Independent judiciary empowered with judicial review
National Supremacy
The Three-Fifths Compromise
Census
The Sectional Compromise
Simple majority of both houses of Congress to regulate commerce

The Final Document

Popular sovereignty: Majority rules
A republican government: No king
A limited government: Prohibited powers, like making a law and then arresting them
Separation of powers:
Checks and Balances
A federal system where both the national and the state governments with their own sphere of
influence
Bill of Rights
Living Document

RATIFICATION
The Federalist Papers: New York Independent Paper, Madison and Adam
An attempt to persuade the public to support the new form of government
Federalist #10 and Federalist #51 provide an excellent view of James Madisons political theory
concerning human nature

Ratification of the Constitution

See chart

ARTICLE ONE
The Legislature

BICAMERAL
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BICAMERAL
ONE EQUAL REPRESENTATION BY STATE
ONE BY POPULATION
ART. One Sec.8 Congress (18 mays)
Collect taxes, borrow money, regulate commerce with foreign, rule of naturalization,
coin money, punish counterfeiting, establish post office and roads, promote science
and art progress for limited time, constitute tribunals inferior to Supreme Court,
punish piracies and felonies on high seas, declare war, raise and support armies,
provide and maintain navy, make rules for government and regulation of forces,
organize, arming, and disciplining militia, exercise exclusive legislation, make laws
which are necessary for carrying execution powers vested by Constitution
ART One Sec. 9 Congress (8 may nots)
ART One Sec. 10 States (3 may nots)

ARTICLE TWO
The President
EXECUTIVE POWER
COMMANDER IN CHIEF
VETO
TREATIES/ADVICE & CONSENT/ SENATE
GRANT REPRIEVES AND PARDONS EXCEPT IN CASES OF IMPEACHMENT

ARTICLE THREE
The Judiciary
SEC. 1 JUDICIAL POWER VESTED IN SUP. CT. JUDGES PROTECTED
SEC. 2 POWER EXTENDS TO ALL CASES,LAW & EQUITY ARISING UNDER
CONSTITUTION,LAWS,TREATIES, AUTHORITY,ETC.

ARTICLE FOUR
The States
FULL FAITH AND CREDIT
PRIVILEGES AND IMMUNITIES FOR EACH CITIZEN
RENDITION/ EXTRADITION
LIMITATIONS
REPUBLICAN FORM OF GOVERNMENT

ARTICLE FIVE
Amendment Process
2/3 EACH HOUSE
SPECIAL CONVENTION CALLED BY 2/3 STATE LEGISLATURES
RATIFICATION OF 3/4 STATE LEGISLATURES
SPECIAL CONVENTION

THINGS TO UNDERSTAND AT THE END OF THIS CHAPTER

Lewis and Clarks contribution to suffrage
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Lewis and Clarks contribution to suffrage

Thomas Paine
Key Battles of the Revolutionary War
The synthesis of philosophies in the Declaration of Independence
Types of Power
The features of the Articles of Confederations
The Constitution (Articles 1-5 (Art. I section 8,
Art.1 section 9 and the bill of rights in particular)
Va. and New Jersey plans
The 3/5 Compromise
The Connecticut Compromise
Keys to ratification
Elastic Language
Majestic Vagueness
Living Document
Delegated Powers
Implied Powers

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Chapter 3: Federalism
Thursday, May 29, 2014

3:23 PM

Federalism and its trends

Sovereignty
Authority is divided
Eras of Federalism
Dual Federalism
Cooperative Federalism
New Federalism 1 (Nixon) and 2 (Ronald Reagan)
Devolution (Bill Clinton)

TYPES OF GOVERNMENT
UNITARY
CONFEDERAL
FEDERAL

CHARACTERISTICS OF FEDERALISM

SHARED POWER
LAYER CAKE FEDERALISM
INDIVIDUAL SPHERES OF AUTHORITY
FEDERAL SUPREMACY IN CONFLICTS
CERTAIN DUTIES FOR EACH LEVEL AND BRANCH OF GOVERNMENT

Distribution of Powers Between National and State Governments

Expressed and implied powers
ART. I Sec. 8 (1-17)
ART. I Sec 8 (8)
Expressed (17 of them) in Art 1, S.8
Implied at the end "To make all Laws which shall be necessary and proper for carrying into
Execution"
ART. VI Supreme law of the land

States have significant powers, too.

Tenth Amendment
Police powers
Concurrent powers

LOCAL POWERS
DILLONS RULE
LOCAL GOVTS ONLY HAVE POWERS IN AREAS DESIGNATED BY THEIR STATE
39 STATES FOLLOW DILLONS RULE 1868 IOWA CASE

DUAL FEDERALISM
Layer Cake Federalism
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Layer Cake Federalism

Separation
Of Powers
Art 1
Federalism Legis

Art 2

Art 3

Executive

Judicial

Fed
State
Loc

BEFORE CIVIL WAR

INDEPENDENT SPHERES OF AUTHORITY (JURISDICTION)
Dual Federalism 1789-1937 See Chart
Send mail and cavalry

FULL FAITH AND CREDIT CLAUSE

Requires states give full faith and credit to each others public acts, records, and judicial
proceedings.
Article IV, Section 2, the comity clause,
guarantees that all citizens from outside a given state enjoy the privileges and immunities
granted to all citizens of that state.
Article I, Section 10
No State shall, without the Consent of Congress enter into any Agreement or Compact with
another State
Compacts are agreements between states to deal with issues that cross state lines, such as
environmental concerns and transportation systems.

COOPERATIVE FEDERALISM
MARBLE CAKE FEDERALISM
FRANKLIN DELANO ROOSEVELT
Sent relief to the people and states with:
NEW DEAL
COMMERCE CLAUSE
INTERSTATE COMMERCE ACT
ART.1 SEC.8
SHERMAN ANTI-TRUST ACT
INCOME TAX AMENDMENT 16TH: What made it possible
See comparison of dual and cooperative federalism
Cake chart
THREAT TO PACK THE COURT
SUPREME COURT REJECTS NEW DEAL PROGRAMS
FDR THREATENS TO ENLARGE AND PACK THE COURT
PROPOSED PROGRAMS ALTERED TO MEET CONSTITUTIONAL REQUIREMENTS
WPA, TENNESEE VALLEY AUTHORITY, JOBS PROGRAMS, ETC.
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WPA, TENNESEE VALLEY AUTHORITY, JOBS PROGRAMS, ETC.

CONFLICT OVER RIGHTS OF CITIZENS
STATES IMPOSITION OF SEGREGATION ATTACKED IN SUPREME COURT, FOR INSTANCE, THE
INTERSTATE COMMERCE CLAUSE
14TH AMENDMENT: States cannot make laws abridging rights of citizens
CIVIL RIGHTS CASES
GREAT SOCIETY
LYNDON B. JOHNSON
GOVERNMENT TAKES ON LARGER ROLE
SENT MONEY TO STATES
URBAN RENEWAL
WAR ON POVERTY
JOB CORPS
HEAD START
COLLEGE FINANCIAL AID PROGRAMS
TYPES OF GRANTS
GRANTS IN AID
CATEGORICAL (SPECIFIC LITTLE DISCRETION)
FORMULA (BASED ON FORMULA)
PROJECT (COMPETITIVE)
BLOCK GRANTS 1966 (MORE FLEXIBILITY)

Grants-in-Aid from the Federal Government to States (19641970)

Chart
Grants-in-Aid Selected Programs
19641970
Charts
NEW FEDERALISM
UNDER NIXON
MORE BLOCK GRANTS
REVENUE SHARING
UNDER REAGAN
UNFUNDED MANDATES (RESPONSIBILITY TRANSFERED WITHOUT FUNDING BY FEDS)
New Federalism:
Nixon and Reagan efforts to devolve many policies back to the states.
Block grants
General revenue sharing
Smaller federal spending and interference
Reagan cut federal aid to states by 12 percent.
The idea was to remove federal government, as much as possible, from local matters governed
by the states.
Rise, Decline and Recovery of Federal Aid
See Chart
TRENDS
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TRENDS
DEVOLUTION REVOLUTION (CLINTON)
IDEOLOGICAL INFLUENCE
INFLUENC BASED ON WHO BENEFITS AND WHO PAYS
INCREASING NEEDS SCARCE RESOURCES
SUPREME COURT
MORE LIMITED VIEW OF COMMERCE CLAUSE
U.S. v. LOPEZ
PRINZ v. U.S.
U.S. v. MORRISON
THINGS TO UNDERSTAND AT THE END OF THIS CHAPTER

Unitary Systems
Confederal Systems
Federal System/Federalism
Concurrent Powers
Reserved Powers
Implied powers
Checks and Balances
McCulloch v. Maryland
Formula Grants
Categorical Grants
Project Grants
Block Grants
Dual Federalism
Cooperative Federalism
The New Deal
The Great Society
New Federalism One
New Federalism Two
The Devolution Revolution
Presidents associated with ( Cooperative Federalism, The New Deal, The Great Society, New
Federalism One, New Federalism Two and The Devolution Revolution)

THINGS TO UNDERSTAND AT THE END OF THIS CHAPTER

Definition of Federalism
McCulloch v. Maryland: Can do whatever is needed to carry out 1-17 in Article 1, Section 8.
Delegated Powers
Implied Powers
Separation of Powers
Reserved Powers
PERIODS OF FEDERALISM (Dual Federalism, Cooperative Federalism, New Deal, Great Society,
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PERIODS OF FEDERALISM (Dual Federalism, Cooperative Federalism, New Deal, Great Society,
New Federalism One, New Federalism Two, Devolution Revolution
TYPES OF GRANTS (Categorical Grants, Formula Grants, Project Grants, Block Grants, Revenue
Sharing)
THE PRESIDENTS ASSOCIATED WITH :
The New Deal (Roosevelt), The Great Society(Lyndon Johnson), New Federalism One(Nixon),
New Federalism Two(Reagan), The Devolution Revolution(Clinton)

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Chapter 12: The Congress

Tuesday, June 3, 2014

3:13 PM

Style of Representation
Trustee: Watches money, see that the money is wisely spent (manages), Tries to do what's
best/right for the country/state, Know more than the average citizen
Delegate: Does what the people they represent want
Politico: Guided by political career, only want to get reelected no matter what
Conscience: People like Jimmy Carter, do the right thing
Symbolic
Text: Sociological (like me) vs Agency (accountable to me Representation

Results of Representation
SOPA (Stop Online Piracy Act)
PIPA (Protect Intellectual Property Act)
FISA (Foreign Intelligence Surveillance Act): AT&T and other telecoms let NSA tap, see
metadata
Who is being represented?
Effect of broad based online mobilization
Is Congress still the most representative institution in Govt. Post Citizens United
Movie: Unelected the Lobby

Constitutional Features
Article One
Originally the dominant branch
Reapportionment/Redistricting: Reapportioning done every 10 years, Redistricting used to
be same, but can happen anytime. Votes need to be roughly equal with redistricting.
State legislatures draw lines
2003 Texas midterm redistricting
Gerrymandering/dilution, vote packing/cracking, illegal if the vote is worth less for
protected classes (Not democrats or republicans, Religion and others are)
Bicameral
Electors = Representatives+Senators
Election of senators not direct originally until 17th amendment
Lost power in 20th century
1880-1890: World power
Original Gerrymandering: Gerry, looked a dragon

Main Formal Powers

Declare wars
Lay and collect Taxes
Raise and support armies
Propose constitutional amendments
Approve Treaties
Appropriate money
Approve appointments

Qualifications
House

435 members
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House

435 members

Age

25 years

Terms

2 years

Citizenship

7 years

Resident of state
Party

Dem. Or Rep.

TV Friendly
Educated

Senate

100 members

Age

30 years

Citizenship

9 years

Resident of state
Party

Dem. Or Rep.

TV Friendly
Educated

Usually lawyer

Committees
House
20 standing in house
21 standing in senate
200 subcommittees
Select committees
Investigate 9-11
Joint committees
Common is joint conference, Senate and Rep together, bill must go to president
together identical

Committee Structure
Power of Committees
Types of Congressional committees
Standing Committees
Select
Joint
Conference
House Rules
Selection of Committee Members
Speaker for rep is majority, for senate selected

Bill Process
Article I Section 7
Bill introduced to house and senate -> Referred to House Committee and Senate
Committee -> Subcommittees -> Full Committee -> Rules Committee Action (Rep only) ->
Debate -> Conference Action (Needs to be similar) -> Compromise bill for each house ->
President
If there are differences between the House version of the bill and the Senate version of the
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If there are differences between the House version of the bill and the Senate version of the
bill, the bill will be sent to a conference committee. Members of each chamber selected by
the leaders will attempt to reach a compromise on the bill.
The House and Senate vote on the bill as reported by the conference committee.

Leadership
House

Senate

Speaker

Majority Leader

Majority Leader

Minority Leader

Minority Leader

Party Whips

Party Whips

Vice-President breaks ties

Chair of Rules Committee

President Pro Tempore (Title, oldest in the senate)

435 Members with 2 year teams 100 members with 6 year terms

Redistricting
Formerly every 10 years -> Not since Texas
State legislatures draw district lines -> Often very political (Gerrymandering)
Unconstitutional -> Vote Packing, Cracking based on race (Packing: Cracking: Small pieces)

Gender
After steady increases in the number of women serving in Congress, the 112th will see a
decline
74-360 Rep, 17-83 Senate

Race and Ethnicity

Congress hardly diverse
Some Americans still find it difficult to vote for minority and female candidates
African Americans:
Only 5 elected to senate
House, just over 100 served
Hispanics:
About 25 of national legislature or 5% of hispanic descent

Demographics of Congress
More Educated
More Wealthy
Number of Millionares

Key Terms
Patronage
Pork Barrel legislation
Earmarks
Private Bill
Interest Group influence
Leadership PACs raise money for leading members to distribute
DEBATE
Closed rule
Open rule
Filibuster
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Filibuster
Cloture
Oversight
Appropriations

Who are they?

Page 477 in book

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Chapter 13: The President

Wednesday, June 4, 2014

3:53 PM

The President of the United States

World's most powerful office
Security council
National Leadership
World Leadership

Founders created a strong president despite some fears

Anti-Federalist feared akin to Monarch
Hamilton cited Federalist 69
4 year terms
Impeachment process, etc

Most Presidents in 19th Century were Weak

Exceptions:
Jackson: Appeal to public/Veto/Combative
Lincoln: Emergency powers/Kept nation together

Still Today
The presidency is a much stronger position than it was originally and throughout the 1800s

Reasons
Isolationist
Agrarian society
Not a world power
No radio, TV, instant news, internet

Models
Whig weak
Stewardship broad robust
Modern central figure power

Formal Qualifications
35 years
Natural born citizen
Resident 14 years

Informal Qualifications
Public scrutiny
Ability to raise money
Education
Image
Oratorical skills
TV/Physical Appearance

Franklin Delano Roosevelt

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Franklin Delano Roosevelt

World leader during WWII
National leader depression
Elected 4 times
Circular cabinet

Executive Office of the President

National Security Council
Office of Management and Budget
Council of Economic Affairs

White House Staff

National Security Advisor
National Security Council
Office of Legislative Affairs
Office of Communications
Domestic Policy Staff
Office of Speech Writing
Office of Public Liaison
Chief of Staff

New Cabinet
http://www.whitehouse.gov/administration/cabinet
In addition to Vice President
SECT. AGRICULT.
SECT. COMMERCE
SECT. DEFENSE
SECT. EDUCATION
SECT. ENERGY
SECT. H.H.S.
DEPT. HOMELAND SECURITY
SECT. HUD
SECT. INTERIOR
ATTY. GEN. JUSTICE DEPT.
SECT. LABOR
SECT. STATE
SECT. TRANSPORTATION
SECT. TREASURY
SECT. VET. AFFAIRS
EPA
DIRECTOR OMB
CHIEF OF STAFF
U.S. TRADE REP.
OF. NAT.DRUG CONTROL POLI CY

Role of Vice President

Historically ceremonial
Increased role beginning with Carter/Mondale through present

Powers
Judicial reprieves, pardons, appointments
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Judicial reprieves, pardons, appointments

Diplomatic treaties, executive agreements
Executive orders, appointment
Legislative State of the Union, veto

Foreign Policy Powers

Commander in chief
Emergency powers
Treaties w/ consent
Executive agreements
Send troops (subject to war powers act)

Domestic Policy
Emergency powers
Media focus
State of the Union address
Leadership
Persuasion
National guard

Informal Powers
Popularity-Eisenhower
Eloquence-Kennedy
Personality Charm-Clinton
Fear of Payback-Johnson
Bully Pulpit-Reagan

Executive Power
Chief of state
Chief diplomat
Chief of cabinet
Commander in chief

Legislative Powers
Veto
State of the Union
Bully pulpit

Path to the Presidency

1800-1830s/1830s-90s Connection with party bosses
1900s-1970s

Balancing and bargaining with competing interests

1970s-

TV likability factor

Personal relationship with public

Ups and Downs of President Approval Ratings

Typically, presidents begin their term in office with high approval ratings and end their stay with lagging
support
Bill Clinton an exception
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Bill Clinton an exception

Changing Role of First Ladies

Eleanor Roosevelt
Lady Bird Johnson
Betty Ford
Hillary Clinton

Aids to Winning
Popular in big states
Governor
Balanced Ticket (changing)
Stamina
Win early
Survive
Super Tuesday(20 states)

Institutional Presidency
Use of cabinet
Executive office of president
OMB
Council of economic advisors
Office of US trade rep

Successful Presidential Characteristics

Vision
Pragmatism
Persuasion
Charisma
Confidence builder

GOVT-2305 Federal Government Page 22

Chapter 14: Bureaucracy

Monday, June 9, 2014

2:06 PM

Common Opinions and Myths

Inefficiency
Red tape
Slow
Huge and growing?
1968=3 million
2010=2.8 million
Serving 300 million instead of 170 million
More efficient than ever

State and Local Employees

Largest amount of people in bureaucracy

Performance without a hitch in many areas

Deliver mail
Air traffic control
Freeway system
Security of borders
Delivery of utilities
Technology

DFW
Located halfway between Dallas and Fort Worth
World's 4th busiest international airport

US Mail
167.9 billion processed in 2011
554 million average processed each day

Poor Performance Often Exaggerated

Cost averaging examples
Rising crime
Welfare fraud

Constitutional Authority
Art 1, Sec 8, Clause 18
Necessary and proper carrying into execution vested by Const. in Gov. of US or any Department or
Officer thereof
Art 2 calls for President to manage

Congress: Enabling legislation

Agencies promulgate rules and regulations
Specificity of statue from congress flexibility

First Departments
GOVT-2305 Federal Government Page 23

First Departments
State
War
Justice
Treasury

Need to Create New Ones

Immigration: Chinese Exclusion Act
Industrial Revolution
Child Labor
Dangerous Working Conditions

Responses
INS/USCIS
Commerce
Interstate Commerce Commission
Labor
OSHA

Depression
New Deal Programs
Public Works Administration (1933)
Tennessee Valley Authority (1933)
Federal Housing Administration (1934)
Securities and Exchange Comm. (1934)
Social Security Administration (1935)
National Labor Relations Board (1935)

Types of Agencies
Departments: 15 cabinet agencies
Independent agencies (FDA, EPA)
Independent Regulatory commissions
SEC, FCC heads terms last longer than president, some require appointees/both parties
Government corporations (for huge unprofitable operations LSC, FDIC, USPS, Pension Benefit Guarantee
Corp., Am Track)

Some of the problems

Captured agencies
Iron Triangle
Entrenched employees
Revolving door
Slow to change
Contradictory policies

Privatization
Controversial
Claims cost savings not supported by data
Inconsistent service and delivery to all
Inability to hold private companies accountable

Lobby Problems
GOVT-2305 Federal Government Page 24

Lobby Problems
Enron
World Com
Jack Abramoff
Black Water
No Bid Contracts
Bailouts

Types of Organization
Hierarchy
Impersonality Team
Written Rules
Promotion based on achievement
Specialization
Efficiency

Realistic Bureaucracy
Policy Triangles
Client Groups
Biased/Self serving
Revolving door
Entrenchment
Restricted by public opinion

Idealistic Bureaucracy
Ideal hierarchy
Dedication
Expertise
Neutrality
Informed
Protects public's interests
Not ladder climbing

Periods of Development
Patronage
Pendleton Act
Merit system
16th Amendment 1913
New Deal 30's
Hatch Act 39's
Whistle Blower Legislation

Managing the Bureaucracy

President
Appoints heads of cabinet agencies
Congress has pursestrings and often the ability to affect jurisdiction also oversight through hearings and
investigations
Often has the ability to affect jurisdiction
Also oversight through hearings and investigations

GOVT-2305 Federal Government Page 25

Chapter 15: Judiciary

Tuesday, June 10, 2014

2:05 PM

Article 3 and the Pluralist Doctrine

Removed from reach of popular election
Decisions often controversial
Lifetime appointments
No reduction of compensation
Final arbiter of constitutional meaning

Adversarial System
US Judge impartial and relatively inactive
Inquisitorial systems judge is investigator and advocate
Dual court system
State and federal courts

Interpretive Power
Case law/Common law
Stare decisis
Case by case interpretation
Torts, contracts, property, etc
Criminal law is statutory

Sources of Law
Sources
Constitutional
Statutory
Regulations

Categories of Law
Criminal law: capital, felony, misdemeanor
The body of activity which the government has determined for it will not tolerate and for which it will
impose a fine or imprisonment or both
Civil law: everything else

Supreme Court
Rule of four
Writ of cert most common (70-80)
Circuits disagree
Cases of great import or novelty

Lower Courts
Courts of appeal
12 regular circuits and one for patents and trade disputes
Hear arguments on briefs
May reverse, revise?, remand, affirm, or do any in part
Majority opinions, dissenting opinions, concurring opinions
Intermediate Appellate Cts.
GOVT-2305 Federal Government Page 26

Intermediate Appellate Cts.

District Courts
94
At least one per state
Trial jurisdiction
The trial courts of the federal system

Court Structure
Supreme court appellate&tr.
Courts of appeal appellate only
Federal district courts trial only
Specialized courts

Types of Cases
Diversity
$75,000 in issue
Federal question
Supreme Court hears appeals from highest state courts

Requirements
Must have standing
Case or controversy
Ripeness
75k unless fed. Question
Must not have mootness
Hypothetical question
Advisory opinions

How Conduct is Regulated

Civil law
Damages
Injunction
Declaration (declaratory judgements)

Criminal law
Fines
Imprisonment
Probation & Deferred adjudication

Construction
Loose construction
Strict construction
Judicial Activism
Changing Judiciary

GOVT-2305 Federal Government Page 27

Chapter 6: Public Opinion and Socialization

Wednesday, June 11, 2014

3:40 PM

Public Opinion
Vital role/Collective opinions of a society
Determines leadership styles and leaders through electoral process
Many apathetic/ignorant on many issues
Americans show some interest in major issues but generally know little about government
Unstable, Uninformed
1 in 5 thought President was a Muslim or born outside US

Understanding Public Opinion

Public Opinion: the values, and attitudes that people have about issues, events and personalities
Values (or beliefs): a person's basic orientations to politics
Political ideology: a cohesive set of beliefs that form a general philosophy about government
Attitude (or opinion): Specific view about a particular issue, personality or event

Public Opinions and Values

Generally accepted values
Liberty
Individualism
Equality
Equally of opportunity
Democracy

Political Culture
Political Socialization
Agents of Socialization
Gaps gender, race, age

Agents of Political Socialization

Events
Political Environment
Media
Demographics/Age,sex,race
Educational level
Parents/Family
School
Peers
Religions

Ideology
Liberal
Conservative
Populist
Libertarian

Public Opinion
Democratic governments should reflect the will of the people
GOVT-2305 Federal Government Page 28

Democratic governments should reflect the will of the people

How do we know what the public wants?
Where does the public opinion originate?
Average citizens do not always have vast information about issues or elections, yet can form
opinions about such matters
What factors influence public opinion in the presence or absence of relevant information

Stability of Beliefs cont.

Strength of opinion
Only one opinion about one issue but it dominates all of ones political decisions (ex. Gun control)
Hear only on side of an issue
C. Ideology
Core beliefs often restrict the ability to participate in coalition politics
General sense of public good the concern
Do Americans get the facts on issues?

Stability of Beliefs
Levels of trust in government
Uprising in the middle east

Participation
Conservatives and liberals differ on some economic, social, and foreign issues and this sometimes forms
the national debate
Efficacy and factors affecting participation
A. Membership in an interest group is the second most common form
B. Contributions to public interest interest groups or single issue interest groups

Issue Positions
Do Americans wait for the facts?
Hot button issues
Sources of information
Scholarly/Accurate/Peer reviewed
Interest
Magazines
Newspapers
Television
Radio

Sharing Public Opinion

Media
Are effective at telling Americans what issues are important
Can, at times, frame what it means for a politician to be successful
Can sometimes also shape how people understand the meaning of the conflict

Political Knowledge Shortcuts and Cues

Those with limited political knowledge
May rely on sound bites as facts
Information intimidation: complicated topics
Time cost: do not want or have time to devote to studying issues or contests
Political knowledge
Most Americans have limited political knowledge
GOVT-2305 Federal Government Page 29

Most Americans have limited political knowledge

Political knowledge is associated with levels of efficacy and trust in government

Is short term public opinion always for the long term public good?
Public opinion affects government's agenda
a. Party platforms
b. Behavior of candidates and legislative bodies
Legislative bodies
c. Elected judicial officials

Polling History
Gallop founded polling also criticized flaws in the Literary Digest poll (1936) (Alf Landon to beat
Roosevelt)
Gallop and Roper were both right
Election night polls (Dewey beats Truman 1948)
University of Michigan first university based polling center (1952)
Kennedy hires Louis Harris (1960)
Americans opinions: Most are moderates

Only a snapshot of public opinion

Questions prefaced with opinion (ex: since teenagers drink too much do you support breathalyzers at
proms)
Soundness of statistical analysis
Sampling error
Order of questions

Polling
Random sampling
Cluster sampling
Sampling Accuracy modifiers
Persons polled
Question types
Interviewer

Controversial Polling Issues

Internet polls
Call in polls
Cell phone usage
Exit polls
Caller ID, Blocking, etc

Current Issues
Economy
Affordable Health Care Act
Bailout
Iraq
Afghanistan
Iran
North Korea
Syria
Crimea
GOVT-2305 Federal Government Page 30

Crimea

GOVT-2305 Federal Government Page 31

Chapter 11: Groups and Interests

Thursday, June 12, 2014

3:24 PM

Fracking
Environmentalist
Industry
Lobbyists
Money

How Groups Affect the System

Mobilization
Inside and outside games
Appealing to public
Positives and negatives

Madison & Pluralism

Multiple interests
Open competition
All groups free to compete
Moderation and compromise are the outcome

Collective Action
Motivation for participation
Impact of technology
Impact of social media
Accessing the effect of global community
Greece financial crisis, Arab spring, etc

How do groups get access?

Contributions
Letter writing campaigns
Astroturf
Boiler room calling centers
Commercials positive and negative
Trips, resorts, dinner, etc

What interest groups get in return

Favorable policies
Access to policy makers
Government contracts

Factors & Obstacles Affecting Interest Groups

Contribution limits
Congressional committees and staff
Vulnerable lawmakers
Why am I copying this
Citizens united effect

Methods Around Limits

GOVT-2305 Federal Government Page 32

Methods Around Limits

(PAC's)
Leadership political action committees (Funding and travel luxuries)
Fact finding travel paid by special interest groups
$$ to relatives

Staying Around
Financial incentives
Benefits
Magazines
Recognition
Group ID
Chavez

Interest Groups and Political Conflict (successful groups)

Organization
Money
Effective leadership
Focused
Use of information technology
Voter turnout

Interest Groups and Political Conflict (unsuccessful groups)

Disorganized
Poor leadership
Lack of money
Lack of info/technology
Ineffective lobbying
Free rider problem

Types of Interest Groups

Business
Professional
Agriculture
Labor
Ethnic
Public Interest
Single issue
Other (Consumer)
Ideological
Dominant
Impressive Gains
AFBF (American Farm Bureau Federation)
Weaker
LULAC/NAACP/MALDEF
Single issue/Consumer/Environmental/Religious

Methodology
Focus on congress
Get access
Hired guns/lobbyists
GOVT-2305 Federal Government Page 33

Hired guns/lobbyists
Think tanks
Pluralist Theory competing interest groups
Mobilize members
Raise money
Elect friends
Defeat enemies
Keep members by benefits/(AARP)
Super PACs & PACs
Iron Triangles
Electioneering
Highlight similar circumstances
Group identity

Eisenhower's Warning
Military Industrial Complex
Unwarranted influence
Misplaced power
450 billion to private contractors
Halliburton
Bechtel Corporation
Only six bidders on Iraq infrastructure contact
Billion dollars in no bid contracts

Iron Triangles
Congress persons need money
Business interests need friends
Agencies which regulate businesses are funded by the legislature

PAC Contributions to Federal Candidates in 2010

Health, 54million
Misc. 37mil
Energy 28 mil
Lawyer/Lobbyists 15 mil
Construction 15 mil
Defense 14 mil
Other 1.3 mil

Actors in the Arena

Lobbyists
PACs & Super PACs
The media
World events
The economy

Remedies
Litigation
Demonstrations
Revelation
Regulation
Legislation

GOVT-2305 Federal Government Page 34

GOVT-2305 Federal Government Page 35

Chapter 9: Political Parties

Monday, June 16, 2014

2:54 PM

What are Political Parties?

American two-part system
Winner takes all singe-member districts
If candidates win by 20 percent, or .001 percent, same result
Losing party gets no representation from that specific district
Unlike proportional representation systems
Multimember districts/states, party wins number of seats in proportion to share
of votes won in election
Third parties less viable; voters feel "wasted vote"
No incentive to vote for candidates who cannot win because that point of view
will not get represented

Political Parties
Responsible party model
To win elections
Get steering wheel to govt.
Historic parties
Dealignment (normative and deviating elections)
Realignment (leave one party to go to another)
Third parties

Key Features
Moderating Effect of Winner Take All System
Enormous Cost of Campaigns
The Big Two
Third Parties
Splinter Parties
Independents

What are Political Parties in Theory?

Utility in American government and politics
Increase political participation
Provide important information cues to voters
Organize congressional business

Party Organization
Hard money, soft money, and 527s
Hard money was used for campaigning; soft money was for party building
2002 Bipartisan Campaign Reform Act outlawed soft money
527s: nonprofits that can campaign for, but not coordinate with the candidates
Citizens United allows unlimited, anonymous donations via interest groups; significant impact

Organization
Two Party system:
Primaries (Closed/Open/Blanket/Dual)
Precinct conventions
GOVT-2305 Federal Government Page 36

Precinct conventions
County and senatorial district conventions
State convention
National convention
General election

Today's Indicators
Dissatisfaction with traditional power structure
Protest voting
Loose majority vs. super majority
Bi-partisanship (is it possible to have?)
Types of candidates
Characteristics of candidates

Key Sectors of Voters

Liberal
Conservative
Youth
Ideological
Hot button

GOVT-2305 Federal Government Page 37

Chapter 10: Campaigns and Elections

Tuesday, June 17, 2014

2:10 PM

Elections in America
Presidential elections: held every 4 years on the first Tuesday in November
Congressional elections: held every 2 years on the first Tuesday in November

Types of Elections
Four types of elections:
Primary (Not always necessary)
Runoff (Need more than 50% otherwise this occurs)
General
Referendum elections (Voting to put stuff on the legislature that have been put on the ballot)
Proposed laws placed on the ballot for statewide vote

Primaries
Parties voters choose candidates who will run in the general elections
Primaries do not elect people to office
Open vs. Closed Primaries
Voters can participate in either party primary, or not
Voters do not register with party affiliations
States may have caucuses; members meet and vote in the open (usually small)

Direct Democracy
Legislative referenda: all 50 states' legislature refers policy to the public for a popular vote
Popular referenda and initiative: 24 states. Citizens petition to play issues on the ballot for a vote
Bypass legislature
Often controversial and/or expensive policies
Recall : 18 states, citizens vote to remove elected official from office

Electoral College
Founders created electoral college because citizens were not trusted to make a good decision
Even today, citizens do not directly vote for president, but rather for electors
State electoral votes = number of US Representatives + Senators (2)
All states but Maine and Nebraska allocate all electors to the popular vote winner
California 55, Texas 38, Florida/NY 29

Campaign organization
Candidates have managers
Managers run webmasters, fundraisers, media consultants, public opinion pollsters, researchers and
speechwriters, press aides, advance scheduling team
Also coordinator of field organization and organized groups -> Party workers, Organized groups,
City/county offices

Election Campaigns
Advisers
Professional strategic decisions about organization, budgeting, and executing the campaign
Fundraisers
Identify donors, find allies for indirect spending
GOVT-2305 Federal Government Page 38

Identify donors, find allies for indirect spending

Polling
Test ad messages, find out what voters think of them and opponents (strengths/weaknesses),
push polls
Media
Strategic decisions: program appearances, spokespeople,/campaign surrogates, message focus to
convey to public
Prepare for high-coverage events like debates and conventions with extensive news coverage
Rapid response teams to diffuse opponent attacks
Online: ads, fund-raising, event updates
Mobilization
Strategic decisions: where to invest money on advertising number of candidate events
Collaborate with party, interest groups, state and local supporters online and in-person
Since 2008, significant mobilization occurs online where campaigns and supporters coordinate
efforts and resources more efficiently

Average Senate Campaign Expenditures, 1980-2010

Average winner 4 million+

Presidential Elections
Contemporary Party Conventions
Ratify the decisions made in primaries
Enact any new rules for future delegate selection
Draft party platforms
Present candidates and party platforms to voters

GOVT-2305 Federal Government Page 39

Chapter 4: Civil Liberties

Thursday, June 19, 2014

9:05 AM

The whole history of the progress of human liberty shows that all concessions yet made to her august
claims have been born of earnest struggle. If there is no struggle, there is no progress. Those who
profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the
ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its
many waters. "
-Frederick Douglass

Civil Liberties
Listed in the constitution
Protect the individual from government intrusion
Majority rule with minority and even individual protection

Rights of the individuals vs the government

Delicate balance between people, constitution, and government
The People/Civil liberties
Constitutional protections, amendments 1, 4, 5, 6, 8, and 14 especially
The government, police power, intrusion into privacy and speech

First Amendment
Establishment Clause
Prevents an official church
Government can aid religious institutions as long as it does not favor some over others
Wall of Separation
Lemon test:
Government involvement must have a secular purpose
Its effect is neither to advance nor to inhibit religion and
It does not entangle government and religious institutions in each other's affairs

Free Exercise Clause

Can believe and practice religion of one's choice
Can hold no religious beliefs without consequence
As long as it does not harm others in the name of religion (or lack thereof), it is protected

Religion
Jehovah's witnesses
Prayer in schools
State support of religious schools
Practice v. belief

Controversial Rights
Those in favor of the unpopular, EX: Defendants
Status changes, EX: Civil Rights
Contrary but strongly held opinion, EX: Elian Gonzales, Cuban boy in Fla.
Morality issues, EX: Pornography

Balancing Test
Constitutionally protected right V. Legitimate governmental interest
EX: 4th amendment V. Police power
GOVT-2305 Federal Government Page 40

EX: 4th amendment V. Police power

While the bill of rights protected people from the national government, it did not protect it from state
government, 14th amendment necessary

Fourteenth Amendment
Privileges and immunities
Due process
Equal protection
Honor roll of civil liberties
Incorporation
State action

Freedom of Speech
Political speech
Highly protected by strict scrutiny, legal standards
Must establish "compelling reasons" and narrowing defined to limit
Includes actions express political ideas
Ex: Financial contributions to political causes, protests
Protected unless leads to immediate harm (clear and present danger)
There are a few time and place limitations
Ex: fire in theatre, telling at night in a neighborhood

Speech
Schenck, Gitlow
Clear and present danger
Clear and probably
Imminent danger/threat
Pornography
Obscenity
Incitement to riot

Speech
Schenck v. US (1919) clear & present danger
Gitlow v. NY (1969) clear and probable
Brandenbrurg v. Ohio (1969) immediate threat
Symbolic speech tinker v. Des Moines ISD
Political speech Occupy Street
Texas v. Johnson (1989) flag burning

Freedom of the Press

The government cannot prevent the print media from publishing what it desires
Press can be sued for:
Negligently publishing a lie that harms a public figure
Libelous writing about issues that are not of public concern
The rise of individuals gathering and reporting news complicates these issues
WikiLeaks, anonymous, and online bloggers are difficult to contain, reprimand, or otherwise
penalize

Unprotected Speech
Obscenity
GOVT-2305 Federal Government Page 41

Obscenity
Pornography/Internet pornography
Defamation/libel/slander
Campus speech
Hate speech on the internet

Commercial Speech
Commercial speech is not nearly as protected as political speech
Typically, a government need only have a rational reason to ban an advertisement
People can face consequences for perfectly legal speech if employers deem it problematic
Civil liberties protect the right to express views
There is no right to be employed or supported by the employer, public, or others who disagree

Obscenity
Near v. Minn (1931) prior restrain
Roth v. US (1957) utterly w/o redeeming social importance
Times v Sullivan (1971) politicians public figures
Pentagon papers times v. US

Miller v. California (1973)

Applying contempory community standards, determins the work to be appealing to prurient interests,
or lacks serious, literary, artistic, political, or scientific vale

Interesting Cases
New Braunsfels - High school Sr. Marilyn Manson T-shirt
Oprah Winfrey Mad Cow veggie libel law
Boca Raton Ban on cemetery displays
Birdville, Texas leaflet distribution
Alabama case - The Ten Commandments

The Press
National Security
Privacy
Elsvert/Pentagon Papers
Watergate
War/Grenada Gulf War

Privacy
Griswold v. Conn. Recognized right
Penumbra Rights
(1st, 3rd, 4th, 5th, 9th)
Row v. Wade (1973)
Abortion
Lawrence v. Tx (2003)
Homosexual conduct

Fourth Amendment
Weeks v. U.S. Exclusionary rule applied to federal cases
Mapp v. Ohio Exclusionary Rule applied to states

Exception (w/o warrant)

GOVT-2305 Federal Government Page 42

Exception (w/o warrant)

Hot pursuit
Inevitable discovery
Stop and frisk
Exigent circumstances

Rights of Criminal Defendants

4th: secure in their persons, houses, papers, and effects unreasonable searches
5th: self incrimination, double jeopardy, and indictment
6th: speedy public trial, jury, confrontation, compulsory process, counsel

Trial Rights
Duncan v. La. (1968) trial by jury
Betts v. Brady and Gideon v. Wainwright
Right to counsel fed and state
Powell v. Ala. (1968) right to counsel in death penalty cases
Furman v. Ga. (1972) suspended death penalty (back in Gregg v. Ga.)
Atkins v. Va mentally retarded/Roper v. Simmons under 18

The Death Penalty Today

Gregg v. Ga. Reinstitutes
37 states allow the death penalty
Time limits for death row appeals
The 1996 anti-terrorism and effective death penalty act limits appeals from death row
Recently DNA testing has led to the freeing of about 100 death row inmates who were wrongly
convicted, throwing doubt on the death penalty

Maintaining Civil Liberties

Interrogation methods
Renditions
Secret prisons

GOVT-2305 Federal Government Page 43

Chapter 5: Civil Rights

Monday, June 23, 2014

3:22 PM

Distinctions Between Classes of People

Must be reasonable or court will apply close scrutiny
Must not be arbitrary and capricious
Must not be based upon suspect criteria
Or suspect classifications or strict scrutiny

African Americans
Explorers, slaves, freemen, and servants
1500's Spanish and Portuguese:
Estavanico
Jamestown 1619
Slavery
Emancipation
Reconstruction
Elect 14 house 2 senate
1877 Black Codes
Lynching
Segregation
Integration

Why the Courts

Numerical minority
Right to vote denied
State legislatures and courts controlled by hostile majority
Federal courts not elected
Laws were unconstitutional

The Fourteenth Amendment

Equal protection
Due process
Privileges and immunities
Citizenship required
Constitutional protections
Legislation
Civil Rights Act of 1875
Reconstruction Acts
Act of 1875 overturned in 1883

Modern Civil Rights Movement

Charles H. Houston
NAACP
Rosa Parks
Rev. Dr. Martin Luther King
Student sit ins
Freedom riders

GOVT-2305 Federal Government Page 44

NAACP Legal Defense Fund Cases

Plessy v. Ferguson 1896 Separate but Equal
Mo. Ex rel Gains 1938 Law School
Smith v. Alright 1948 Restrictive Covenants
Sipuel v. Oklahoma
Sweatt v. Painter 1950 Law School Texas
Brown v. Board 1954 Public Schools

Young More Radical Movement

SNCC
Core
Black Muslim
Black Panthers
Economic Movements
Operation Breadbasket, Operation Push, Urban league

Latinos
Many groups
Mexico and Americans in the southwest
Mexico opens Texas to settlement 1821
Abolition of slavery in Mexico, 1827 Cohuilla y Texas 1829 all
Pledge of allegiance

Mexican Americans in the Southwest

Texas revolts 1835-36
Texas joins U.S. 1845
War with Mexico
Lost land
Push for acceptance
LULAC first class citizenship 1929
American G.I. forum 1949

Icons of Hispanic Rights

Dr. Hector Garcia
Cesar Chavez
Felix Longoria Jr
Hon. Henry Gonzales

Mexican Repatriation
Millions of Mexican American citizens sent to Mexico 1929-39
President Hoover uses them as scapegoats for the depression

The Youth and the Movement

1970s Emphasis Professional
SW Council of LA Raza
Mexican American legal defense fund
La Raza Unida
Political office
Future
Population growth
GOVT-2305 Federal Government Page 45

Population growth
Increased power in the SW
Key electorial states
Gains in local governments

Women's Movement
1830s
American Female moral reform society (double standard in prostitution cases)
1840 world anti-slavery convention
Lucretia Mot T
Elizabeth Cady Stanton

Seneca Falls
1848 Women's Rights Convention
Mary Ann Mc Clintock, Jane Hunt, and Martha Wright
Declaration of Sentiments
Rochester Women's Rights Convention, Abigail Bush
Right to vote and equal pay
Separate sphere

Sufferage
15th amendment
AERA (American Equal Rights Association) did not support 15th amendment
NWSA (National Woman Suffrage Association) Lucy Stone sufferage supported 15th Amendment
NWSA (National Woman Suffrage Association) litigation strategy 1869-1875
"The revolution"
NAWSA
19th Amendment

Women and Labor

1933 National Industrial Recovery Act lower pay for women agricultural and domestic workers excluded
Women attempt to organize
AFL
CIO more receptive
Black women tobacco factories 1937 form tobacco stemmers & laborers union

Equal Pay for Equal Work

1848 working woman's protective union right to equal products of their labor
1966 NOW Betty Freidan
ERA

Women, the Law, and the Courts

ERA
NOW
National League of Women Voters
Roe v. Wade
Frontiero v. Richardson Dep. Service Pay
Betty Freidan & National Organization of Women Move Toward Courts
Formation of legal arm
Volunteers
Amicus curiae
GOVT-2305 Federal Government Page 46

Amicus curiae

Native Americans
All other immigrants
Northwest Ordinance
1830 policy of serparation BIA ordered to remove trives to reservations west of Miss. River
Assimilation
American Indian Movement
Wounded Knee
Alcatraz Island
Compensation

American Indians and Civil Rights

Tribe members are both American citizens and members of sovereign tribal nations
They may reside on reservations that may have different laws than states where they are located
Many state, federal, and even private programs require proof of Native American ancestry
Such authentication is not asked of any other group

Asian Americans
Chinese Exclusion Act of 1882
1900 limits on immigration
Pearl Harbor 1941
Internment 1942 exec. Order FDR
Compensation to internment victims
Immigration affected by wars since 1970s

The Elderly
Age Discrimination in Employment Act (1967)
Gross v. FBL Financial Services (2009) burden switched to employee

Discrimination
1967 ADEA age discr.
1973 ADA
Gays and Lesbians
Racial Profiling
African Americans and Latino
Arab Americans

Ability, Age, and Civil Rights

Disabled Americans
1973 Rehabilitation Act
Americans with Disabilities (1990)
The Elderly
Age Discrimination Act

Gays, Lesbians, and Civil Rights

Military policy: Don't ask, don't tell (DADT 1993)
Repealed 2011
Bowers v. Hardwick (1986) privacy
Lawrence v. Texas (2003) sodomy statutes
Defense of Marriage Act (DOMA 2006)
GOVT-2305 Federal Government Page 47

Defense of Marriage Act (DOMA 2006)

As of 2012:
9 states legalized same-sex marriage
39 states prohibited same-sex marriage

Affirmative Action Cases

Bakke case
Adarand v. Pena subcontractor
Gibson v. Miss. No Disc. Allowed
Fullilove v. Klutznick Two part test for racial classifications
Wygant v. Jackson school board Layoffs race criteria not allowed
Richmond v. Croson Co. Strict scrutiny narrowly tailored racial classifications

Hopwood v. Texas
No affirmative action in Texas
17th nationally ranked law school
Could not meet strict scrutiny due to the weakness of states present effects of past
Discrimination arguments when compared to the data at UT Law School
UT Law School Data
Resident Texas Students

Median Scores
GPA
LSAT

White Students

3.56

164

Black Students

3.30

158

Mexican American Students 3.24

157

Post Hopwood
Gratz v. Bollinger 2003 University of Michigan
Mechanical point system = quota
Grutter v. Bollinger 2003 U. Mich. Law School
Highly individualized (rathere than mechanical point system) school upheld

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Chapter 17: Social Policy

Monday, June 30, 2014

2:14 PM

Public Policy
Actions taken by the government
Policy Analysis is a subfield of political science which affects the public
Made at all levels
Study of power distribution
Outcome

Five Stages of Public Policy

Agenda Setting
Formulation
Adoption
Implementation
Evaluation

Agenda Setting
Bringing attention
Health care
Energy/Global Warming
Disaster relief (Katrina)
Terrorism

Formulation
What will be done
Who will do it
At what levels of government
Iron triangles
Interest groups
Experts?

Adoption
Congress & State legislatures
Statutes
Amendments
Agencies/Bureaucracy
Regulations & Rules
Local govts
Ordinances, zoning, urban dev

Implementation
Agencies are designed to carry out policy
IRS
Social security
Create forms, set rules & regs
Law enforcement agencies
Enforce laws etc

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Evaluation
Media
Public perception
Proponents and opponents

Social Welfare Policy

Redistributive programs
Social insurance programs
Tax breaks & Tax credits
TIF Districts, special districts
Pro sports arenas
Medicaid and SSI
TANF

All of the above redistribute wealth

Social policy
Three goals of American social policy:
1. Help people deal with life's hazards when they are incapable of doing so on their own
a. Examples: Staying out of poverty during old age or short-term unemployment, remaining
independent when disabled.
2. Promote equality of opportunity
a. Primarily as a means to long-term economic benefits to entire society when more are
educated, employed
3. Alleviate poverty

Foundations of the Welfare State

Social policy before New Deal (1935)
Limited and mostly local
Charities central role
Goal often to reform poor people
Make self-sustaining in some form if possible
Little attention to the systemic causes of poverty (education and health in particular)

The Welfare State

Americanization programs
First large social programs were developed to benefit waves of European immigrants
Designed to promote both good health and good citizenship
Assistance was discriminatory
Black people found it impossible to receive assistance
Asian immigrants were excluded
The Great Depression
National unemployment reaches 20%
Scale far too large for charities to manage
Millions of able-bodied, intellectually able, skilled people without savings or jobs
Perceptions of "deserving" and "undeserving" poor shattered, if not dramatically altered

History of the Social Welfare System

Contributory programs: financed in whole or in part by taxes or other mandatory contributions by
present or future recipients
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present or future recipients

Tend to be popular
People think of as earned benefits because they have paid into these programs
Social Security and Medicare
Not to be confused with Medicaid
For Social Security and Medicare (health insurance for the elderly), workers and their employers
contribute equally from each paycheck
Social security benefits are tied to contributions
Medicare benefits are equal for all; not tied to contributions

Noncontributory programs
Benefits based on demonstrated need rather than any contributions made
Programs in this category widely called "welfare" or "public assistance"
Must demonstrate need via means tests
Federal poverty line determines whether individuals and families qualify for such benefits
Medicaid
Health insurance for the poor
Federal government provides matching funds to states
Payments to health care providers are lower than what they would receive from other insurers
Note: Doctors and hospitals do not have to take medicaid patients
Temporary Aid to Needy Families
Several benefits fall under RANF
Income, education subsidies/discounts, job training programs, and others varied by states
Role of states
Set additional standards for any additional state benefits above and beyond the federal
baseline
Almost all Americans benefit from public welfare programs at some point in their lives. The
biggest public welfare programs are contributory programs like Social Security and Medicare
AFDC/TANF unpopular among voters, elected officials, and those who do not receive it
1996 welfare reform changes
5 year lifetime limit (not more than two years at a time)
Work or education/training requirement for adults
Entire household can lose funds if kids skip school
Less cash assistance: 70%+ of TANF funds are not cash or direct payments to recipients
Note: Above practices have been in place over 15 years now

Crime and Drugs

Costs
War on Drugs
The Federal Revenue Budget
Federal government revenue comes primarily from individual income tax and payroll taxes for SS
and Medicare

GOVT-2305 Federal Government Page 51

Chapter 18: Foreign Policy

Tuesday, July 1, 2014

2:11 PM

George Washington's Farewell Address

"As little political connection as possible" with foreign powers and "steer clear of permanent alliances"
Since then, many wars
$700 Billion dollars (nearly 1/2 the rest of the world's defense budget)
Global economic and security interests
Leader of the free world

Goals of foreign policy

Security
Economic Prosperity
Humanitarian
Human rights

Questions in 2009
Nobel Peace Prize
Will Afghanistan be another Vietnam
Where is Bin Laden
North Korea
Iran
Peace in the Middle East

War on Terror 2013

Iraq and Afghanistan
Terrorists have been located and kill
Anwar al-Awlaki
Dulmatin (Bomb Genius)
Abu Yahya al-Libi
Bin Laden
Somali Pirates and Somali kidnappers
North Korea
Iran plan to give nuclear control to Russia?
Middle east Arab Spring

What is Foreign Policy?

All economic, military, commercial, human rights, diplomatic, and other policies
Toward other countries
President dominates
Department of State
Department of Defense
National Security Council
CIA

Congressional Influence
Declare war
Approve treaties and ambassadors
Control funding
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Control funding

Bureaucratic Influence
Department of State
Department of Defense
Joint Chiefs of Staff
Department of the Treasury
CIA
NSC (Synthesizes messages from bureaucracy to assist President in making foreign policy)

Foreign Policy Historical Postures

Isolationism
Monroe Doctrine
Manifest Destiny
Interventionism 1898 Spanish American War
Expansion
Neutrality
World War I
World War II
Cold War

Foreign Policy Historical Postures

Containment
Police the world
Deterrence
Preventive War
Preemption

What Drives Foreign Policy

A. National interests
a. Constantly changing
B. Economic prosperity
C. WTO, GATT (General agreement on tariffs and trade)
D. Human rights
E. Democracy
F. TV
a. Vietnam
b. Somalia
c. Gulf War
d. Internet
G. Events/9-11, Afghanistan, Iraq, Global hotspots
H. President
a. Executive agreements
b. Commander in chief
I. Congress
a. Declare War
b. Appropriations
Or lack thereof Hutus murdered hundreds of thousands of Tutsis in RWANDA 1994
Sudan Darfur region today

New Issues Affecting Foreign Policy

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New Issues Affecting Foreign Policy

Global Politics
Global Econoies
Arms Control
Terrorism
Universal human rights and values
Torture
Guantanamo Bay
Genocide
Rights of women
Convergence of cultures
Free society v. closed; eastern culture v. western; secular v. theocracy

Who Makes Foreign Policy?

The President
The Bureaucracy
The Congress
Interest groups
Alliances
OAS
NATO
ANZUS
SEATO
Tools
Diplomacy United Nations
Int. Monetary Fund
Economic Aid/Sanctions
Military Force

Terrorism and Modern Non-nation Drivers

Osama bin Laden
Al Qaeda
Piracy off Somalia's Coast
Economic Crises
Shortages
Food
Water
Medicine
Energy
Climate Change
Alliances
NATO
SEATO
European Union
OAS
OPEC
United Nations
World Health Org
World Bank
G8

Response to 9-11
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Response to 9-11
Afghanistan
Iraq
Bush Doctrine
Preemptive War
WMDs
Insurgency and resistance
Elections

Superpowers
United States
China
Emerging
Russia
Declining population
Loss of 14 republics
Reemergence 2008
Better economy
Oil reserves

World Trade
World Trade Organization
GATT (1948-1993 General Agreement on Tariffs & Trade) replaced by WTO (World Trade Organization)
in 1995 but still in effect under WTO
Globalization
Central American Free Trade Agreement
NAFTA

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