INTRODUCTION TO AMERICAN POLITICS

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INTRODUCTION TO AMERICAN POLITICS

• POLITICAL SCIENCE 2311
• UGLC 128/TR 1130-1220

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Importance of politics?

• Why is politics important to me?Why should I
  care about studying political science?

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Governs every aspect of your lives

• School tuition
• Courses you take
• Taxes
• Cars you drive
• Clothes you wear
• Your civil liberties and freedom

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Politics and Law

• Politics determines the formation of the law
• The law is created, executed and interpreted by
  our three governmental branches
• Politics influence these three factors
• Laws influence political processes and structures

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American Politics

• It is imperative for U.S. citizen to be well
  informed
• Must be able to know who candidates are
• Must be able to understand the electoral process
• Must be able to decipher political platforms
• If not

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IF NOT.

• Lack of knowledge and information will undermine
  our democratic process.
• Will vote for the wrong candidate (less competent
  candidate).
• Will not vote because the political process is
  too arcane

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IF WELL INFORMED

• Will vote for the most competent candidate
• Will decide not to vote because it was a well
  thought out decision (not simply for lack of
  knowledge or apathy)
• Will vote in favor of candidate that will
  accomplish voters interests

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OTHER AREAS AFFECTED BY POLITICS AND THE LAW

• IMMIGRATION ISSUES
• WAR
• INTERNATIONAL POLITICS(FOREIGN POLICY)
• INTERNATIONAL TRADE
• PUBLIC INTERNATIONAL LAW
• PRIVATE INTERNATIONAL LAW

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THEREFORE

• BE AWARE OF CANDIDATES AGENDA REGARDING THESE
  ISSUES
• CHOOSE CANDIDATE THAT WILL CLOSELY CATER TO YOUR
  INTERESTS

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DANGERS OF UNDERMINING DEMOCRACY

• DANGER OF GOVERNMENT BY ONE PERSON(TYRANTS WITH
  NEAR ABSOLUTE POWER, I.E. STALIN, HITLER,
  MUSSOLINI)/DICTATORSHIP.
• GOVERNMENT BY A FEW(ARISTOCRACYGOVERNMENT BY
  LEADERS MADE ELIGIBLE BY BIRTHRIGHT OLIGARCHY
  GOVERNMENT BY A FEW WHO GAIN OFFICE BY MEANS OF
  WEALTH, MILITARY POWER, OR MEMBERSHIP IN A SINGLE
  POLITICAL PARTY).

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TYPES OF DEMOCRACY

• DIRECT DEMOCRACY SYSTEM IN WHICH GOVERNMENTAL
  POWER IS WIDELY SHARED AMONG CITIZENS THROUGH
  FREE AND OPEN ELECTIONS
• REPRESENTATIVE DEMOCRACY INDIRECT FORM OF
  DEMOCRACY IN WHICH THE PEOPLE CHOOSE
  REPRESENTATIVES TO DETERMINE WHAT GOVERNMENT DOES

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Continued

• The popular model of democracy citizens take an
  active role in democracy. Elections express the
  popular will, thus providing elected official
  with mandates-instructions from the voters to
  adopt specific policies.
• Citizens must be well informed about public
  issues, and they must engage in prospective
  voting. They must look to the future while
  voting, taking into account each candidates
  campaign promises.
• Dangers, the public is uninformed or uneducated
  and can vote for poor public policies.

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Continued

• The responsible model of democracy citizens play
  a more passive role. Citizens choose public
  officials but do not tell them what to do.
• Elected official have the responsibility to
  govern and must answer to the people for the
  decisions they make. In this model, elections are
  occasions on which citizens grant or deny popular
  consent rather than grant or deny popular
  mandates.
• Citizens need not be well informed because they
  engage in retrospective voting, looking to the
  past rather than to the future. They evaluate
  whether incumbents have done a good or bad job.
  Incumbents reelection depends on voters approval
  of past performance.

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Continued

• The United States has a hybrid model of both the
  popular and responsible models.
• Nevertheless these types democratic models
  werent enough to safeguard the United States
  from tyranny.
• Constitutional rules with something firmer was
  needed. A system of checks and balances, see
  infra for discussion.

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The Permanent Campaign

• The New American democracy is dominated by a
  phenomenon called the permanent campaign.
• This means that campaigning never ends. The next
  election campaign begins as soon as the last one
  has finished, if not before.
• There is something more sinister within the
  confines of this term.

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Continued

• The line between campaigning and governing has
  disappeared. To some extent governing becomes a
  part of the campaign, a campaign strategy.
• According to Hugh Heclo, campaign values corrupt
  the governmental process. Public officials
  sacrifice the long term for the short term
  electoral advantage, they adopt adversarial
  rather that collaborative mindsets, and abandon
  deliberation and education in favor of persuasion
  and selling. However, official concerned with
  pleasing voters are likely to be responsive to
  the needs of the constituents.

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Continued

• Seven Key Developments that have contributed to
  the permanent campaign.
• Separate election days for federal, state, and
  local election.
• Spread of primary elections
• Decay of traditional party organizations
• Rise of mass communication
• Profusion of interest groups
• Proliferation of polls
• Role of campaign money

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Caucuses

• Iowa caucus
• Choose delegates to the county conventions in
  March
• Who then choose delegates to the May convention
  to the congressional district conventions and the
  June state convention
• Caucuses require proportional representation for
  the supporters of different candidates

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Primaries

• Preliminary election that narrows the number of
  candidates by determining who will be nominated
  in the general election
• The first primary is held in New Hampshire

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Theory of Rights of Representation

• No divine right to govern
• Instead political thinkers from the 17th century
  stated
• Government arises from consent of the people
• Power should be divided among separate
  institutions
• Citizens must be protected

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Thomas Hobbes

• Hobbes argued that kings governed not by divine
  right but by consent of the people
• Also argued that only a sovereign king with
  absolute power can prevent the war of all against
  all
• Without government everyone must resort to
  violence to avoid being victimized
• Life Nasty, Brutish and Short

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John Locke

• Agreed that government arises from the consent of
  the people
• Not necessary for power to be concentrated in the
  hands of one powerful king
• Argued power takes on several forms requiring a
  different institution
• Hence, separation of powers a system of
  government in which different institutions
  exercise various components of governmental power

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THE U.S. a system of checks and balances

• Separation of powers is the main goal
• Executive
• Legislative
• Judicial
• All branches are part of the our checks and
  balances system

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Leading to the present government

• The Articles of Confederation
• -Ratified in 1781
• -Granted Continental Congress only limited
  powers in which each state had one vote
• -Could declare war
• -Could raise army only by requesting states to
  muster their forces
• -However, it did not create a system of divided
  powers as envisioned by Locke

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Many were unsatisfied with Articles

• James Madison
• -Found it impossible as member of the
  Continental Congress to keep states from issuing
  money
• -Trade was negatively affected quarrels over
  worth of coins emerged

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Drafting and Adopting New Constitution

• Virginia Plan It called for a Congress composed
  of a House and a Senate. Representation would
  vary from state to state based on a states
  population. It also called for congress to elect
  an independent executive and the creation of an
  independent Supreme Court
• The New Jersey Plan called for three independent
  branches (Congress, President, and Judiciary),
  but would retain the single house in the Congress
  with each state having one vote.
• Connecticut Compromise Congress would be
  composed of two houses. House of Representatives
  based on state representation proportional to
  population and Senate would have equal vote.
• In essence, a stronger central government was
  needed

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New Government

• A strong central government
• Allocation of seats to Senate equal per state no
  term limits. Six year terms
• Allocation of seats to House proportional to
  population no term limits. Two year terms.
• Congress to check presidential powers The House
  can impeach the president from committing high
  crimes and misdemeanors and the Senate can acquit
  or convict and remove and impeached president
• The electoral college method of electing
  president was established The number of
  electoral votes is based on total representation
  in Congress. States decide how electors are
  chosen.

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New Government

• The new Constitution has created a more popular
  democratic model
• Separation of powers (checks and balances)
• Outlawed state currencies and tariffs
• Bill of rights guaranteeing civil liberties

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Hence the development of our three branches of
government

• Executive commander-in-chief of military
• Legislative necessary and proper clause
• Judicial Judicial review created by the
  Judicial compromise. A Supreme Court was created.
  Appointed by president with consent of the Senate
  for unspecified term. Congress creates lower
  federal courts. Marbury v. Madison.

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Amendments to Constitution

• Two-thirds vote by Congress and ratified by three
  fourths of the state legislature
• Only 27 amendments have been ratified with the
  Bill of rights containing 10 amendments added in
  1791. Most frequent type of amendment is those
  expanding right to vote

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The Constitution

• Modern Historians debate the framers intent in
  designing the constitution.
• Charles Beard in The Economic Interpretation of
  the U.S. Constitution argues that the framers
  were motivated by a desire to help the powerful
  and wealthy

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Continued

• Compare Declaration of Independence and the U.S.
  Constitution
• Declaration of Independence Liberty. The
  Document was intended to justify revolution
  because independence was violated. Document
  stresses inalienable rights ( such as life
  liberty and the pursuit of happiness)
• The Constitution Stability. Reaction to the
  failures of the Articles of Confederation
• Equality Declaration of Independence relates to
  the equality of man. The Constitution does no
  mention equality until it ratified the 14th
  amendment in 1868

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Continued

• Natural rights Declaration states that people
  have god given inalienable rights
• Life , Liberty or property may be deprived if due
  process is followed

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More on Separation of Powers

• Remember that the words separation of powers and
  checks and balances do not appear in the
  Constitution .
• They are implied. Can be found in Federalist
  47The accumulation of all powers, legislative,
  executive and judiciary in the same hands may
  justly be pronounced the very definition of
  tyranny.
• The branch to be feared the most is legislative,
  everywhere extending the sphere of its activity
  and drawing all power into its impetuous vortex.
  Federalist 48.

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Checks and Balances

• Madison each department needs to be so far
  connected and blended as to give to each a
  constitutional control over the other, otherwise
  the degree of separation can never in practice be
  duly maintained.

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Comparative analysis

• Russia
• -voters ratified a constitution in 1993,
  creating a government
• Similar to our own system of government
• -A president, judiciary, and a two chamber
  national assembly
• Russias 89 regions are represented in the
  national equally assembly .
• Federal system divides power between national
  and local governments

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Russia Continued

• Constitution includes Bill of Rights

Legal differences Russian president can issue
emergency decrees without legislative
approval Local governments depend more on
national governments How is this different from
an executive order (directives that carry the
weight of law even though not enacted by
Congress. Supreme Court ruled these were
constitutional. Executive order may not run
counter to congressional legislation and may be
overturned by congress.)
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Federalism

• Framers were aware of only two ways of
  establishing the legal relationship between the
  central government and the states.
• A Confederation( as in Articles of Confederation)
• National (known as Unitary)
• Both types were rejected and a third was created
  Federalism, a hybrid of both.
• Provides citizen of the state with double
  security
• There are two levels of government to which to
  appeal and each level is subdivided into
  different branches
• This helps prevent tyranny.

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Continued

• Helps prevent tyranny of the majority by
  permitting the creation of a republic
  (commercial republic)

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Federalism

• Dual Sovereignty Framers believed creating two
  sovereign nations could help prevent tyranny.
• Threat of states nullifying national laws
• Supreme court interpreted the meaning of Dual
  Sovereignty.
• Interpreted
• The necessary and proper clause Article I
  necessary and proper clause, expanded by CJ John
  Marshall McCulloch v. Maryland. In New York v.
  US, court ruled that congress could not order
  states or local governments to bury its nuclear
  waste.
• Commerce clause power to regulate commerce in
  among the states.
• In U.S. v. Lopez. The court ruled that Congress
  could not prohibit guns within a 1000 foot radius
  of public schools on the grounds that it was
  regulating interstate commerce
• Spending Clause collect taxes to provide for
  the general welfare
• Court has upheld Congress attaching reasonable
  regulations to money it allocates to state and
  local governments

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Continued

• Cooperative federalism marble cake federalism
  the notion that state and federal governments
  should perform functions together

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Categorical grants

• Federal grants for state and local programs
  (mostly involving welfare programs). These grants
  are specific about how money can be spent. More
  restrictions. i.e. War on Poverty in the 1960s
• Problems arose because as some argued, the
  national government did not know the needs at the
  local level

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Block grants

• Minimal federal restriction
• Wealthier states get as much aid as poorer states
• Federal government fails to retain interest
  regarding these particular programs
• After 9-11, during the anthrax threat there was
  no comprehensive bio-terrorism plan

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Should richer states get as much or more grant
money?

• Richer states pay more taxes?
• Ten richest states in the country get much more
  for block grants

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Federal regulation is important

• If not, then fewer programs will be implemented
  to help the needy.
• Rich states will try to shift burden to other
  states in order to avoid attracting the poor to
  the state.

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International comparison

• Great Britain and the United States
• Great Britain has a unitary government and can
  reorganize regional and local governments as it
  wishes
• In the U.S., Congress cannot change the
  constitutional powers of the states, reorganize
  state government or change state boundaries
  without states consent

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Texas Government

• The Executive The office of chief executive in
  Texas, if the earlier history of the area is
  considered, is older than the union of the
  American states and earlier by almost a century
  than the presidency of the United States.
  Although most historians settle for the year 1691
  and the appointment of Domingo Terán de los Ríos
  as the beginning of Texas as a political entity,
  several support the year 1523, when the royal
  governor from Spain was Francisco de Garay.

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The Executive Continued

• The long list of gobernadores, presidents, and
  governors provides a colorful index to the
  history of the state, and even though the basic
  duties of the chief executive have changed little
  since the Constitution of 1876,qv the
  personalities and politics of these officials
  have left their imprint on both the form and the
  function of state government In 1972 voters
  approved the extension of the office to a
  four-year term that took effect in 1975.

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Continued

• The office of governor of Texas as it exists
  today was established by Article IV, Section 1 of
  the Constitution of 1876. As a state office it
  was first established by the Constitution of 1845
  and superseded the office of president of the
  Republic of Texas.

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Continued

• The major executive powers of the governor are to
  execute the laws of the state, extradite
  fugitives from justice, declare martial law,
  appoint numerous state officials (with the
  consent of the Senate), fill vacancies in state
  and district offices (except vacancies in the
  legislature), call special elections to fill
  vacancies in the legislature, fill vacancies in
  the United States Senate until an election can be
  held, submit the budget to the legislature, and
  serve as ex officio member of several state
  boards.

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Continued

• The legislative powers of the governor are to
  call special sessions of the legislature and
  submit the topics for legislation at such
  sessions, recommend measures, and submit
  emergency matters for consideration of the
  legislature at any time, sign or veto legislative
  acts, and veto specific items in itemized,
  general appropriation bills.

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Continued

• The judicial powers are to grant or deny
  recommendations for clemency and remissions of
  fines and forfeitures made by the Board of
  Pardons and Paroles revoke a parole or
  conditional pardon and grant one thirty-day
  reprieve in a capital case at his own discretion
  and, with the consent of the legislature, grant
  reprieves, commutations of punishment, and pardon
  in cases of treason.

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Legislature of Texas

• The Texas legislature is the dominant branch of
  state government within the state constitutional
  framework of separation of powers. and, by
  nineteenth century judicial interpretation, is
  superior to local governments, which are regarded
  as "creatures of the state."

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Continued

• Under the Tenth Amendment to the United States
  Constitution, the legislature, as representative
  of the people of Texas, exercises plenary powers,
  limited only by the Texas and United States
  constitutions and valid federal laws.

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Continued

• The legislature may exercise the state's inherent
  police power to promote and safeguard the public
  safety, health, morals, and welfare

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Continued

• And, by nineteenth century judicial
  interpretation, is superior to local governments,
  which are regarded as "creatures of the state."

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Continued

• The lawmaking institution also possesses the
  traditional legislative power of the purse (to
  tax, spend, and borrow money for public
  purposes), and to organize and confer powers on
  the executive and the judiciary not otherwise
  provided for or prohibited in the Texas
  Constitution. Nevertheless, the legislature is
  subject to checks and balances in the three
  branch system. Prime examples are the governor's
  power to veto bills, which is rarely overridden
  the courts' power of judicial review.

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Judiciary

• Three characteristics of the judicial system in
  Texas distinguish it from the national norm it
  has two appellate courts of last resort, its
  trial courts do not have uniform jurisdiction of
  subject matter, and its judges are chosen in
  partisan elections.

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Continued

• The appellate level courts are the courts of
  appeals, the Texas Court of Criminal Appeals, and
  the Supreme Court. An appeal to these courts is
  based on the written record of a trial. The
  appellate courts do not hear witnesses. Courts of
  appeals hear most appeals from the county and
  district trial courts (the biggest exception
  being death-penalty cases, which go directly to
  the Court of Criminal Appeals).

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Continued

• The state is divided into fourteen court of
  appeals districts in each is a court of appeals
  that has a chief justice and at least two other
  justices, who serve four-year terms. The
  decisions of the courts of appeals may be
  reviewed by the Court of Criminal Appeals (in
  criminal law matters) or the Supreme Court (in
  other kinds of cases).

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Continued

• The Court of Criminal Appeals hears appeals from
  death-penalty convictions and denials of bail. It
  has discretion to review the decisions of the
  courts of appeals in other criminal cases,
  although it may refuse to review any decision
  without explanation. Its determinations in
  criminal cases are final unless they involve a
  question of federal constitutional law reviewed
  by the United States Supreme Court. There is no
  appeal from the Court of Criminal Appeals to the
  state Supreme Court.

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Continued

• In addition to its appellate jurisdiction, the
  Court of Criminal Appeals has exclusive
  jurisdiction to grant habeas corpus relief from a
  final felony conviction, and each year it
  receives thousands of petitions from inmates of
  Texas prisons. In 1981 the court was given
  authority to make rules of appellate procedure in
  criminal cases, and in 1986 to make rules of
  evidence for the trial of criminal cases. The
  legislature has not relinquished its authority to
  make the other laws for criminal procedure before
  and during trial. The court administers grants
  for judicial education. The court comprises a
  presiding judge and eight other judges, who serve
  six-year terms.

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International Comparison Mexico

• Executive
• The presidency is the paramount institution, not
  only of the Mexican state, but of the entire
  Mexican political system. Critics have
  pejoratively labeled the presidency the "six-year
  monarchy" because of the seemingly unchecked
  power that historically has resided in the
  office. Much of the aura of presidential power
  derives from the president's direct and
  unchallenged control over both the state
  apparatus and the ruling political party, the
  PRI.
• No Vice President Secretario de Gobernacion.

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Legislative Branch Mexico

• Legislative
• The legislative branch of the Mexican government
  consists of a bicameral congress (Congreso de la
  Unión) divided into an upper chamber, or Senate
  (Cámara de Senadores), and a lower chamber, or
  Chamber of Deputies (Cámara de Diputados). As in
  the United States, both chambers are responsible
  for the discussion and approval of legislation
  and the ratification of high-level presidential
  appointments. In theory, the power of introducing
  bills is shared with the executive, although in
  practice the executive initiates about 90 percent
  of all legislation.

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Continued

• Judicial
• The judicial branch of the Mexican government is
  divided into federal and state systems. Mexico's
  highest court is the Supreme Court of Justice,
  located in Mexico City. It consists of twenty-one
  magistrates and five auxiliary judges, all
  appointed by the president and confirmed by the
  Senate or the Permanent Committee.

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A look at our U.S and Texas Constitutions

• Since 1879 the Texas Constitution has been
  amended 377 times
• US Seven Articles and 27 Amendments

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Conflicts between both Constitutions

• Minimum age on voting is still 21 in Texas
• (Art VII of Texas Constitution)
• Such provisions are known as dead wood.
• They cannot be made operational

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Introduction to Judicial Review

• Gay marriages
• Race
• Gender
• Disability
• Tests applied by the U.S. Supreme Court
• Rational
• Intermediate
• Strict
• Undue Burden Test

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Judicial Review

• Most important power vested in the Supreme Court

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Origins of Judicial Review

• Marbury v. Madison, C.J Marshall ruled that the
  Constitution , in enumerating the Courts
  original jurisdiction, implied that Congress
  could not add to it. Section 13 of the 1789
  Judiciary Act which gave Congress original
  jurisdiction over those case not mentioned in
  Art. III was declared null and void.

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Continued

• Marshall reasoned that the Constitution was
  established as an act of the people, whereas the
  laws were acts of the peoples representatives.
  Constitution takes precedence over laws.

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Three theories of Constitutional interpretation

• Original intent
• Living constitution
• Plain meaning or literalist interpretation

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Original Intent

• Ascertains what those who wrote the Constitution
  meant when they wrote.

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Living Constitution

• Interprets laws in light if the entire history of
  the United States. Keeps the Constitution current
  or allows it to adapt to modern circumstances

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Plain meaning

• Judges should be guided by exactly what the words
  used in the Constitution mean

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Judicial review in practice

• Dred Scott v. Sandford, 1857
• Lochner v. New York , 1905
• Schecter Poultry v. United States, 1935

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Dred Scott v. Sanford

• Supreme Court created constitutional crises by
  defying the declared will of the Congress and the
  president
• Dred Scott The Court declared the Missouri
  Compromise unconstitutional. This decision
  convinced Northerners that slavery would be
  extended and for Southerners it helped justify
  secession.

78
Lochner v New York

• The court refused to allow the states to regulate
  working conditions in certain establishments (in
  this case, a bakery). The decision was
  subsequently overruled

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Continued

• Decisions like these have resulted in some
  calling for an end to judicial review.
• Two things explain why judicial review survives.
  First, the Court does not use it excessively.
  Second, when it does declare a law
  unconstitutional, it is usually because the
  president and the Congress no longer support it.

80
Federal Court System

• The Supreme Court linchpin of the
• national court system, but the lower courts are
  where most of the day-to-day work of the federal
  judicial branch is carried out.
• -District courts congress first created
  district courts in 1789. There are 94 U.S.
  district courts today. Most federal cases begin
  and end here.

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Continued

• Appeals Courts There are 13 U.S. Courts of
  Appeal one for each of the 11 circuits, one for
  Washington, D.C. and a federal circuit hearing
  specialized cases over the entire United States
• Specialized cases The court of International
  Trade handles cases concerning international
  trade and customs. The Court of Federal Claims
  hears suits concerning federal contracts, money
  damages against the United States.

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Powers of the Courts

• In addition to determining the constitutionality
  of the court, American courts engage in statutory
  interpretation. If the court finds an injury it
  can order a remedy

83
Selection of Judges

• Federal Judges hold their offices during good
  behavior.
• Presidents nominate federal judges, the Senate
  gives consent, and the president appoints (if
  Senate Consents). Almost always the president
  will nominate federal judges who are members of
  the same party

84
State Courts

• Most states such as Texas have a three-tiered
  system.

85
State Trial Courts

• About 99 percent of all civil and criminal cases
  originate in the state trial courts
• Most cases are heard in state courts, but any
  state can be heard in federal court if it raises
  a federal question

86
Stare Decisis

• This means that the court will follow precedents
  (earlier decisions) when deciding similar cases.
• By doing so, the Court creates stability in the
  legal system. When the court does deviate from an
  earlier decision, it tries to do so by
  recognizing a legal distinction between the
  earlier case and the case at hand

87
Supreme Court Decision Making

• Supreme Court sessions begin on the first Monday
  in October
• Whoever writes the opinion circulates drafts to
  all justices, and it is not unusual for an
  opinion to go through several drafts.
• Justices who write an individual opinion
  explaining how their reasoning differed with that
  expressed in the majority opinion (called a
  concurring opinion). Justices who do not vote
  with the majority may also explain their
  reasoning (called a dissenting opinion).
• Once a decision has been reached by the Court, it
  usually sends or remands the case to a lower
  court for implementation

88
Voting on the Supreme Court

• The current justices on the Supreme Court divide
  into three fairly well defined blocs. Ruth Bader
  Ginsburg and Stephen Breyer constitute the
  liberal bloc or judicial activists. Thomas,
  Scalia, and Rehnquist constitute the conservative
  bloc. The moderates are Souter, OConnor, and
  Kennedy

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Civil Liberties

• Origins of Civil Liberties The meaning of civil
  liberties in the United States has been shaped by
  the Supreme Court, political debates, and
  election outcomes. It reflects the basic values
  shared by most citizen

90
Origins of Civil Liberties

• The liberties of Americans were among the
  rallying cries of the American Revolution.
• Not only did the Declaration of Independence
  assert fundamental rights to Life, Liberty and
  the Pursuit of Happiness, but many states
  incorporated similar principles into their
  constitutions and statutes.

91
Continued

• Nevertheless, there were few liberties Before the
  Civil War.
• The Bill of Rights initially applied only to the
  national government, not the states. The first
  amendment focused only on the national
  government, stating that Congress shall make no
  law abridging speech and religious practice.
• Therefore, in Virginia the Episcopal Church
  remained the official religion. In Massachussetts
  Puritanism.

92
Continued

• Other provisions in the Bill of Rights did not
  specifically mention either the national or state
  governments.
• This left open the possibility that they applied
  to both.
• For example, the 5th amendment said that no
  person shall be deprived if life, liberty, or
  property without

93
Continued

• Due Process of Law.
• In 1833, the owner of Barrons Wharf complained
  that the City of Balitmore had deprived his
  company of property without due process of the
  law. Nevertheless, the Supreme Court stated that
  the 5th Amendment limited the powers of the
  federal government but not those of the states.

94
Continued

• Chief Justice Marshall, stated in Barron v.
  Baltimore that the bill of right contain no
  expression indicating an intention to apply them
  ti the state governments. ( it would indeed have
  been difficult for Marshall to apply the Bill of
  Rights to the states prior to the Civil War,
  because doing so would have force the country to
  confront the slavery issue head on.

95
Continued

• Were slaves people who had liberties granted to
  them by the First Amendment, or were they
  property that belonged to their masters, in
  pursuance to the Fifth Amendment?
• Ironically the main use of the Bill of Rights
  prior to the Civil War was to justify continued
  enslavement.
• In Dred Scott v Sandford, CJ Roger Taney reached
  the conclusion that the 5th Amendment precluded
  Congress from denying Dred Scotts master his
  right of property.

96
Continued

• As for Dred Scott, the slave, CJ Taney ruled that
  he did not qualify as a person an therefore was
  entitled to no protection under the Fifth
  Amendment

97
Continued

• Applying the Bill of Rights to State Governments
• Constitution, Fourteenth Amendment No State
  shall.. Deprive any person of life , liberty , or
  property without due process of the law.
• Once slavery had been abolished, the words in the
  first 10 amendments of the Constitution could
  begin to be applied to all Americans.
• The Bill of Rights were altered by three civil
  rights amendments Thirteenth, Fourteenth and
  Fifteenth, which abolished slavery, redefined
  civil rights and liberties, and guaranteed the
  right to vote to all adult male citizens,
  respectively.

98
Continued

• Of all the provisions in the civil rights
  amendments, the one that has had the greatest
  significance for civil liberty is the due process
  clause of the Fourteenth Amendment, which says
  that a person cannot be deprived of life, liberty
  or property without due process of law.
• This phrase already appears in the 5th Amendment,
  but the 14th Amendment greatly expanded civil
  liberties by making one apparently minor
  change-saying that no state deprive any person
  of life, liberty or property without due process
  of law.

99
Continued

• Despite the language in the Fourteenth Amendment
  applying the due process clause to the states,
  the Supreme Court did not immediately conclude
  that the states must abide by the entire Bill of
  Rights.
• The 14th Amendment does not refer to the Bill of
  Rights, and the Court appeared to conclude that a
  sweeping decision applying the entire Bill of
  Rights to the states would create a vast and
  perhaps unmanageable problem of enforcement

100
Continued

• Instead, the Court has taken a gradual approach
  known as selective incorporation, a process by
  which it decides on a case-by-case basis whether
  a particular denial of a liberty listed in the
  Bill of Rights is also a violation of the due
  process clause of the 14th Amendment.

101
Continued

• Justice Benjamin Cardozo justified the Courts
  method of selective incorporation by arguin that
  ther are some rights that are more important than
  others.
• Rights such as freedom of speech, for example,
  are so essential that neither liberty nor
  justice would exist would exist if they were
  satisfied. These rights may naturally fall under
  14th Amendment protection, while other less
  essential rights many not.

102
Continued

• Over the course of many decades, nearly all of
  the provisions in the Bill of Rights have been
  incorporated.
• But a few exceptions remain, such as the Second
  Amendment, which says that inasmuch as a
  well-regulated militia is necessary to the
  security of a free state, the right of the people
  to keep and bear arms shall not be abridged.
• Although the NRA has argued that state laws
  banning or restricting the use of guns are
  contrary to Constitution, the Supreme Court has
  maintained that this amendment guarantees only
  the state governments right to have a militia.

103
Continued

• Constitution, First Amendment Congress shall
  make no law abridging the freedom of speech, or
  the press or the right of the people peacably to
  assemble
• Freedom of Religion
• Constitution, First Amendment Congress shall
  make no law respecting an establishment of
  religion, or prohibiting the free exercise
  thereof.

104
Continued

• Constitution, Fourth Amendment The right of
  the people to be secure in their persons, houses,
  papers, and effects, against unreasonable
  searches and seizures, shall not be violated, and
  no Warrants shall issue, but upon probable
  cause.
• Immunity Against Self Incrimination
• Constitution, 5th Amendment Now shall any
  person be compelled in any criminal case to be a
  witness against himself.

105
Constitution

• Impartial Jury The accused shall enjoy the right
  to a speedy and public trial, by an impartial
  jury.
• Legal CounselConstitution, Sixth Amendment
  and to have Assistance of Counsel for his
  defense.
• Double Jeopardy
• Constitution, 5th Amendment Nor shall any
  person be subject for the same offence out in
  jeopardy of life or limb.

106
Constitution

• Right of Privacy
• Constitution, 9th Amendment The enumeration in
  the Constitution, of certain rights, shall not be
  construed to deny or disparage others retained by
  the people.

107
Exam Review

• Dangers of undermining Democracy
• Danger of government by one, government by a few.
• Types of Democracies direct and representative
• What are US popular and responsible models of
  democracy?
• What are caucuses and primaries?

108
Continued

• Background information on Presidential candidates
• Theory of rights of representation
• Divine power to govern v. consent of people
• How should power be divided?
• -Thomas Hobbes v. John Locke

109
Continued

• U.S. system of checks and balances
• 3 branches
• Separation of powers
• Articles of Confederation
• James Madison (Why unsatisfied with Articles?)
• Virginia Plan, New Jersey Plan and Connecticut
  Compromise

110
Continued

• Powers of the three branches of government.
• How is US constitution amended?
• Compare declaration of independence with
  Constitution

111
Continued

• What is Federalism, Confederation, and Unitary?
• How is Federalism beneficial to citizens?
• What is the necessary and proper clause in
  Article I of the US constitution?
• -Commerce clause?
• -Spending clause?
• (in relation to Federalism)
• What are Categorical and Block grants in relation
  to Federalism?

112
Continued

• The main difference between the TX Judiciary and
  US Judiciary. One has two courts of last resort.
• Number of federal district courts and federal
  courts of appeal 94 U.S. district courts today.
  Most federal cases begin and end here 13 U.S.
  Courts of Appeal one for each of the 11
  circuits, one for Washington, D.C.
• Remember About 99 percent of all civil and
  criminal cases originate in the state trial
  courts?
• What is Judicial review?
• What is original intent, plain meaning and living
  interpretations theories?

113
Continued

• Know Marbury v. Madison main issues?
• Know Korematsu v. US (why is that case
  important?)
• Supreme Court
• What is writ of certiorari
• What are appeals courts?
• Selection of judges
• -Definition of Stare Decisis
• Who are the current justices of the Supreme Court
  and how they vote (conservative, liberal and
  moderate)

114
Continued

• Know the thee tests the Supreme court uses in
  determining the unconstitutionality of a state or
  local law
• 14th amendment What is the Equal Protection
  Clause and the Substantive Due Process?
• Which amendments apply to state and federal
  government?
• What are the fundamental rights considered by the
  Supreme Court?
• What are civil rights and civil liberties?
• Where is the Bill of Rights found?
• What is Strict Scrutiny, Intermediate Scrutiny
  and Rationality review? (when are these used?)

115
Continued

• Know important domestic and international events.
• -Know Political events and political figures
  (i.e. George Bush, John Kerry, John Edwards,
  Porter Goss (CIA), Moqtada Al-Sadr, Musab Al
  Zarqawi, War in Iraq)
• Watch the September 30, 2004 presidential
  race!!!!!!!!

116
Death Penalty

• Violation of the 8th Amendment?
• Cruel and unusual punishment
• Pros and Cons
• websites

117
Continued

• As of 2002, 38 states provide for a death penalty
  for the most serious crimes and criminals may be
  sentenced to death under federal law for crimes
  of treason, grave drug offenses, terrorism and
  murder (in extreme circumstances).
• In 2000, 85 convicted felons were executed in the
  United States and in 2001, 66 received the death
  penalty

118
Continued

• Proponents like George W. Bush argue that the
  death penalty is the best way to deter heinous
  crimes.
• It offers closure to victims or families.
• Opponents argue the modern death penalty
  constitutes cruel and unusual punishment. Justice
  William Brennan argued, the state even as it
  punishes, must treat its citizens in a manner
  consistent with their intrinsic worth as human
  beings- a punishment must not be so severe as to
  be degrading to human dignity.

119
Continued

• Governors George Ryan of Illinois and Parris
  Glendale of Maryland argued that the death
  penalty presented innumerable opportunities for
  minorities to be executed.

120
Continued

• Both Bill Clinton and George W. Bush presided
  over controversial cases in their respective
  states
• Large majority of citizens favor the death
  penalty?

121
Constitutionality of Death Penalty

• In 1972 the Supreme Court ruled in Furman v.
  Georgia, that the death penalty violated the
  Constitutions protection against cruel and
  unusual punishment. It further stated,
  Legislatures must write penal laws that are even
  handed, nonselective and non arbitrary and must
  require judges to see to it that general laws are
  not applied sparsely, selectively and spottily to
  unpopular groups. Justice William Douglas

122
Continued

• In 2002, the Supreme Court issued two important
  rulings and ruled that juries not judges must be
  responsible for deciding whether to apply the
  death penalty in any case. Second, it ruled that
  the execution of the mentally retarded criminals
  constitutes cruel and unusual punishment. their
  impairments can jeopardize the reliability and
  fairness of capital proceedings. Atkins v.
  Virginia(2002).

123
Legislative Branch

• Choosing the Congress
• Members of the House of Representatives are
  typically reelected at a rate of 90 percent or
  higher. Citizens reelect the incumbent because
  they are responsive to their constituent demands.
  
• Reelection for Senators is somewhat lower due to
  the more diverse constituency they represent, as
  well as their greater media coverage and stronger
  competition

124
Continued

• Article I of the Constitution, voters elected
  Representatives and state legislators elected
  Senators. The 17th Amendment allowed the voters
  to directly elect Senators. Clearly,
  representatives were to be more responsive to
  voters
• Today, members of Congress serve for so many
  terms that Congress is often described as a
  professional legislature.

125
Continued

• Reapportionment and Redistricting
• The Constitution mandates a census every 10 years
  after which seats in the House are apportioned
  and states, if necessary, redistrict (redraw
  district lines). Lines may be drawn to favor a
  candidate or party (gerrymandering). Racial
  gerrymandering has been ruled unconstitutional by
  the courts
• The Supreme Court states that districts must be
  equal in population (as close as possible).

126
Continued

• After reapportionment the 435 seats in the House
  of Representatives are apportioned among states
  as per population. (Remember that Seats in the
  Senate never changes ).
• (Northeastern and Midwestern states have lost
  more than 60 House seats to southern and
  southwestern states as population has shifted)
• A minimum of one representative is guaranteed to
  each state pursuant to Article I of the
  Constitution.

127
Continued

• After states learn the number of seats they have
  received they start redistricting (drawing the
  boundaries of the new districts). This mostly
  done by the legislature of each state. However,
  some states have bipartisan commissions or a
  combination of legislatures and these commissions
  do the work. ( Remember that Congressional
  districts must be of equal population pursuant to
  Wesberry v. Sanders)

128
Continued

• In total, the U.S. Congress consists of 535
  members. There are two senators per each state.
  And there are 435 members of the House.

129
The Congressional Nomination Process

• Most candidates for Congress are nominated by the
  primary system. The hardest fought primaries
  occur in open states (any one can vote, party
  membership is not a determinant factor). Remember
  that few incumbents lose their primaries.

130
Continued

• Contemporary House Elections party affiliation
  is the most important factor in getting elected
  to the House of Representatives. Incumbency is
  second. In House elections, 70 percent or more of
  all the votes who identify with a party typically
  support the House candidate of that Party.

131
Continued

• Party Decline Incumbency has increased in
  importance in recent decades primarily because of
  the weakening of parties at the national levels.

132
Changing Representational Behavior

• Members of Congress perform several functions
  other than making laws district service and
  constituent assistance. These constituent
  services, by benefiting lots of people
  (regardless of party) and being more prevalent
  today, help incumbents get reelected.

133
Continued

• Expanding member Resources The growth in size
  of congressional staffs, increasing perks
  (including the franking privilege) and
  technological advancements have also helped
  incumbent reelection rates.

134
Campaign Funds.

• The role money plays in the election of
  incumbents is complicated. The role of
  diminishing returns the more the candidate
  spends, the less the impact of an additional
  dollar of spending.
• There is also a hidden impact of campaign money
  Since it takes so much to run for office, many
  dont try. In other words, money doesnt buy an
  election, it keeps competition away and hinders
  voter turnout.

135
Continued

• The public is clearly upset with campaign
  financing of congressional elections. One point
  often missed is that the current system does
  allow challengers to offset the current financial
  advantage held by incumbents-who are writing the
  campaign finance laws

136
Continued

• More responsive incumbents One reason members of
  Congress are reelected today is because of the
  emphasis they place on pleasing constituents
  (more than before).
• Technological advancements have made it much
  easier for members to stay close to their
  constituents. The fact that members votes are
  watched more closely is another factor. Finally
  with parties being weak, members are freed up to
  vote as they want, making them more responsive to
  constituents wishes.

137
Contemporary Senate Elections

• There are several ways in which the Senate
  differs from the House of Representatives and
  they explain why reelection rates are lower for
  senators
• Party Competition Because Senators represent
  entire states, their constituency is usually more
  diverse and that makes for stronger party
  competition

138
Continued

• Uncontrolled Information Senator receive far
  more media coverage than Representatives. Because
  of this , Senators are more vulnerable to attack.
• High Ambitions Senators and Presidents get
  involved in more controversial issues, making
  them more vulnerable to attack.

139
Continued

• The Senate is seen as a more attractive office
  and thus attracts better challengers.

140
Do Congressional Elections Produce a
Representative Body?

• The Congress is overwhelmingly composed of white
  males professionals. For some, this failure to be
  descriptively representative of the population is
  unacceptable.

141
Continued

• Societal prejudice against women serving in
  public office is diminishing.

142
Minorities

• The prospects for further lessening of ethnic
  minority under-representation in Congress are
  less favorable than for women, especially the
  prospects for African Americans.
  African-Americans have the most success when a
  district is mostly made up of African-Americans.

143
Continued

• Federal Law sought to speed up the representation
  of minorities by mandating the creation of
  majority-minority districts (sometimes called
  affirmative action redistricting). The Supreme
  Court has declared such efforts unconstitutional
  racial gerrymanders.

144
Hard Money v. Soft Money

• Hard money" is from political donations that are
  regulated by law through the Federal Election
  Commission. "Soft money" is money donated to
  political parties in a way that leaves the
  contribution unregulated.

145
Continued

• The largest expense in a modern political
  campaign is advertising, and most of the
  controversy about hard or soft money ultimately
  points to how much advertising a candidate can
  buy. When we think about political advertising,
  we tend to think about an ad that may say many
  things, but finally says, "Vote for Candidate X."
  If an ad tells you, in plain terms, which
  candidate to vote for, then it's a political ad
  and must be paid for out of the candidate's
  campaign funds, or out of special funds of the
  political party.

146
Continued

• The contributions to these funds are regulated by
  law Corporations and labor unions can't
  contribute to campaigns for federal elections,
  and individuals are limited to contributing a
  maximum of 1,000 to a federal candidate, and
  20,000 a year to a political party for the
  purpose of telling people whom to vote for. These
  rules are long-standing (some going back to
  1907), heavily policed and well known. In 1978,
  they also became much less relevant.

147
Continued

• In 1978, the Federal Election Commission issued
  an administrative ruling that the funding rules
  established by law only applied to political
  campaigns, and not to "party building"
  activities. The commission didn't go into great
  detail about what constituted a party building
  activity, basically defining it as something that
  didn't explicitly tell people to vote for a
  specific candidate. The ruling was issued, and
  political parties uniformly ignored it until
  1988. In the 1988 presidential campaigns, people
  working for both major parties discovered the
  "loophole" created by the 1978 ruling, and the
  race for soft money was on.

148
Continued

• Because soft money is not regulated by election
  laws, companies, unions and individuals may give
  donations in any amount to a political party for
  the purpose of "party building." Party building
  may include ads that educate voters about issues,
  as long as the ads don't take the crucial step of
  telling voters which candidates to vote for. For
  example
• Candidate X runs an ad that says, "I am a good
  person. Candidate Y is a bad person. Vote for me
  on election day." Because of the "Vote for me..."
  portion, this is a political ad, which must be
  paid for with "hard money."

149
Continued

• Candidate Y runs an ad that says, "Candidate X
  has a record that includes awful things. If these
  awful things continue, people will come to your
  house, steal your money and shoot your dog. Be
  sure to vote on election day." Because the ad
  "educates" people on an issue and doesn't tell
  them to vote for a particular candidate, it's
  party building, and can be paid for by soft
  money.

150
The Congress and its Work

• Americans tend to give Congress low ratings, yet
  they overwhelmingly reelect incumbents. The
  reason is Americans hold Congress and Congressmen
  to two different standards. They want Congress to
  solve the nations major problems and they want
  Congressmen to solve individual constituent
  problems.

151
Continued

• The structure of the Congress reflects this
  tension. It is a compromise between what is
  needed to get the job done and what is needed to
  get reelected.

152
Congress

• The first branch is composed of a House and a
  Senate
• Surveys report that only a minority of Americans
  trust the Congress to do what is right or have
  confidence in Congress and they view them as
  having low ethical standards.

153
Continued

• Members of Congress are professionals. They care
  deeply about reelection and they are attentive to
  the needs, interests and values of their
  districts. Thus, constituency interests trump
  other forces-party ideology, or national
  interests.

154
Continued

• Members of Congress today do not rely heavily on
  the party for their continuance in Congress.
  They rely on themselves by serving their
  constituents in such a way that they stay popular
  and receive sufficient campaign contributions.

155
Inside Congress

• There are two major organizational features of
  the Congress, the party structure and the
  committee structure. These have been developed by
  elected officials to meet their needs. Both are
  more important in the House than the Senate.

156
The Speaker of the House

• The Constitution stipulates that the House shall
  elect a Speaker which is always the leader of the
  majority party in the House. The Speaker does not
  ordinarily vote.

157
Continued

• The Speaker votes on close contests involving
  important issues to the party

158
Continued

• Party Leadership after Speaker is the majority
  leader. Leads majority party on the floor.
• Responsible for day to day leadership of the
  party i.e. scheduling legislation coordinating
  committee activity negotiating with the
  president, the Senate and the minority

159
Continued

• The minority leader which was created in 1883
  performs the functions of the majority leader
  (but for the minority party).
• Floor leaders are responsible for maintaining
  peace and stability in the house
• Both majority and minority leaders are assisted
  by whips
• Whips serve as links between the leadership and
  the rank and file (informing leaderships views
  and intentions to the members and vice versa)

160
Continued

• Some members serve on party committee and
  discuss issues, develop the party program and
  sometimes endorse legislation. These committees
  are the Democratic Steering and Policy Committee,
  The Republican Policy Committee and the
  Republican Steering Committee.

161
Continued

• Members in both parties participate in their
  respective party caucus (Republicans call it the
  Conference). These elect the party leadership
  and approve the slates of committees nominated by
  the Steering Committees.

162
The Senate

• Constitutionally , the vice president is the
  presiding officer of the Senate. He can only vote
  to break a tie (compare to Speaker where he may
  vote to break a tie and in matters vital to the
  party).
• The Constitution also provides for a presidential
  pro tempore, who presides in the absence of the
  vice president

163
Continued

• Senate leaders are not as powerful as their House
  Counterparts.
• The Senates main job is to create unanimous
  consent agreements
• These are agreed upon by all senators with an
  interest in a proposal and specify the terms of a
  debate-the amendments that will be in order, how
  long they will be debated when vote will be taken

164
Continued

• These agreements are necessary to avoid a
  filibuster.
• A filibuster a a delaying tactic used by at least
  one senator to disallow a bill or resolution to
  be considered by speaking indefinitely or making
  endless motions and amendments.

165
Continued

• A Strong party in congress, in spite electoral
  independence of members, helps members get
  reelected by appearing to the voters who know
  nothing about their representative and vote
  according to the competence or (lack thereof) of
  the party

166
The Committee System

• Congress does its business through committees.
  Only about ten to fifteen percent of the bills
  introduced in Congress pass because most never
  make it out of a committee. In the 106th
  Congress there were 19 standing committees in the
  House and 17 in the Senate.

167
House Committee

• The three most important committees are the
  Rules, Ways and Means and Appropriations
  Committee. A member serving on one of these is
  not allowed to serve on other committees (Except
  the Budget Committee)
• Major policy committees deal with important
  policy areasagriculture, armed services, energy
  and so forth. Usually a member serves on one
  important and one less