Government
Fiscal Federalism the Federal government today affects society and states through money
The pattern of spending, taxing, and providing
The Grant System
Categorical grants, federal grants used for specific purposes, strings attached
Ex. Project grants-based on merit, Formula grants=amount varies based on formulas
Block grants: federal grants given more or less automatically to support broad programs
Grants are given to states and local governments
The Scramble for Federal Dollars-normal years like not COVID
350 billion in grants every year
Universalism- a little something for everybody
The Mandate Blues
Mandates are the "strings" attached to federal money
Unfunded mandates are requirements on state and local governments–no money hard states
Ex. Age discrimination acct of 1986, asbestos hazard emergency act of 1986, safe drinking water 1986, clean air 1990, Americans with disabilities 1990, national voter registration act 1993
Baker v Carr
Redistricting not justiciable at first
14th amendment equal protection clause
Decision: reapportionment justiciable
Established one person, one vote: no votes counted more than any other vote and got supreme court in political questions created 6 testaments for justiciable or not
Shaw v Reno
South Carolina had 20% pop Got 2 districts 1 full of gerrymandering racial gerrymandering
Argued on equal protection clause because solely on race
Court ruled districts drawn based only on race unconstitutional even with noble cause and still stands
CONGRESS CAUCUSES-group of people working together
Intraparty- regardless of party members share same ideology, conservative opportunity society, democratic study group
Personal interest- members share interest in an issue (Human rights, congressional family)
Constituency (subdivided by regional, national, state/district, and industry)-Members have similar constituencies (Black, border, automotive)
Committees deal with specific policies
Authorization committees-
Establish government policies, propose solutions to public problems and decide on budgets
Each house has several authorizing committees (called "standing")
Appropriations Committees-
Approve of funding for programs/policies of the authorization committees
Each house has only one appropriations committee
Standing Committees-
Permanent committees in each house and deal with policy in broad areas of legislation such as finance, trade, foreign policy
Subcommittees-
Permanent subdivisions of standing committees, 215 in Congress as of the year 2000-ex: Asia and the Pacific
Select Committees-
Temporary, deal with special cases like investigations
Joint Committees-
Permanent, has members from both House and Senate, deal with matters best to have both houses work together like economic policy
Conference Committees-
Temporary, compromises on bills passed by both houses
Congressional defense
Leaders/Chairmen-
Chosen by and from majority party
Process of selection has been subject to change(from party leaders to secret ballot etc.)
Term limits have been limited over the years
Traditionally, seniority is considered
The amount of power has fluctuated over the years
Membership-
Majority party and seniority are factors, also party loyalty
Members usually limited to two "major" committees and one" minor: and up to 3-7 subcommittees
Often can reflect constituency (membership in agriculture committee if representing farmers)
Sometimes apply and "run" for more popular committees with more influence (Armed services, appropriations, finance, ways and means, rules(house), senate (foreign relations, judiciary)
Energy and commerce attract many lobbyists
HOW A BILL BECOMES A LAW
Chief Legislator, Chief Diplomat, commander in chief, Chief of state, chief jurist, head of political party, chief economist
Chief Legislator, Chief Diplomat, commander in chief, Chief of state, chief jurist, head of political party, chief economist
THE WEST WING
The staff of the white house
Numbers more than 500
Appointments to the office in white house staff do not require Senate consent besides Cabinet
Officials less subject to testifying before Congress since they have a greater degree of executive privilege protection
Presidents seeks loyal people (Not as divided as Cabinet)
Executive Privilege extends to White House Staff
Ways Presidents Interacts
Pyramid Structure- president's subordinates report to him through chain of command headed by chief of staff(Nixon, Eisenhower, Reagan) (MOST USED)
Circular Structure- Several of the president's assistants report directly to him(Jimmy Carter)
Ad Hoc Structure- Several subordinates, cabinet officers, and committees report directly to the president on different matters
Office of Management Budget OMB: prepares annual budget and reviews federal programs
NSC National Security Council: coordinates foreign/military policy. Increasing importance of the National Security Adviser since Nixon
CEA Council of Economic Advisors : 3 person advisory group on economic policy
Heads of Cabinet departments and 6 others all appointed by President with Senate consent not currently elected congressmen or senators
THE JUDICIARY -PATHS
Us district courts to us courts of appeal to us supreme court
State district courts too state courts of appeal to state supreme court to us supreme court
Federal court required is the supreme court by constitution
Step 1 DISTRICT COOURTS
94- hears
Step 3 SUPREME COURT
2003-argued 84 cases decided 71
Hear appeals writ of certiorari
Rule of 4- 4 justices needed (quorum) to agree to hear a case
THE JUDICIARY
Appointment –president appoints judges for all federal court vacancies, Senate must confirm all nominations by majority vote (advice and consent), senatorial courtesy tradition for pres. to seek approval from local senators
Types of opinions- takes months and many drafts Majority opinion - 1 justice in the majority must draft an opinion setting out the reasons for their decision
Concurring opinion- justices who agree for other reasons can give their opinions
Dissenting opinion- justices who disagree with the opinion write their side
MARBURY V MADISON 1803
JUDICIAL REVIEW
John Adams last few days of presidency midnight appointments
Marbury justice of peace nomination senate confirmed
Jefferson takes over
Secretary of state had to deliver the jobs not all delivered before presidency changed
New secretary Madison stops all the jobs that didn't get delivered
Marshall doesn't rule in favor in either and rules judiciary act unconstitutional that could make the supreme court able to rule the case because the decision between Marbury and Madison would be ignored by either party that didn't get their way
ESTABLISHES JUDICIAL REVIEW POWER TO DECLARE A LAW UNCONSTITUTIONAL
Dramatically expands supreme court power
Majority opinion -- emphatically the province and duty of the judicial department to say what the law is... if the courts
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Congress can't pass legislation that conflicts with the Constitution because the supremacy clause places the Constitution above laws
Although what Madison did was illegal the appointments was beyond the supreme court's judgement
ORIGINALISTS VS LIVING CONSTITUTIONALISTS
18th amendment minor execution ruled unconstitutional
President appoints judges which senate must confirm
Congress has power to impeach judges may amend the constitution if the courts find law unconstitutional
CHEROKEE NATION V STATE OF GEORGIA 1831
Supreme Court Ruling was not enforced must rely on others to enforce
Andrew Jackson
Implementation Brown v Board of Education
10 years after 1% desegregation
"all deliberate speed"
Not elected appointed has to have ideologies "above politics"
CJ Earl Warren CJ Warren Burger
Judicial Activism interpret law loosely using power to promote preferred goals use own values
Judicial restraint legislators should make law rule like previous cases
Liberal democrat left
Conservative Republican right
BUREACRACY-FOURTH BRANCH-----------------------------------------------------------------------------------------
Rule by desks-government by clerks-professional corps of officials-organized in a pyramid hierarchy-function under impersonal, uniform rules& procedures cft hnj
FEMA CIA FBI NASA
4+million employees 2.7 civilians "civil servants" 1.5 million uniformed military personnel
President only appoints 3% 3,500 (patronage/political appointments)
15 cabinet level departments
200+ independent agencies with 2,000+ bureaus, divisions, branches, etc.
Biggest-dept of defense, us postal service, veterans administration
Implementation –carry out laws executive orders
administration – routine administrative work; provide services
Regulation- issue rules and regulations that impact public
15 cabinet departments headed by cabinet secretary in specific policy area own budget
Separate status outside executive branch given specific mandate generally perform a service function not regulatory SSA, CIA, NASA, EPA
INDEPENDENT REGULATORY COMMISIONS
Ircs exist to regulate a specific economic activity or interest
Federal communications commission federal reserve board
Operate independently from congress and president
Government CORPORATIONS
Government owned businesses created by Congress
Supposed to be profitable-may or may not be profitable but serve a public need
US POSTAL SERVICE, AMTRAK, TENESSEE VALLEY AUTHORITY, CORPORATION FOR PUBLIC BROADCASTING
Bureaucrats 97% are career government employees 10% in Washington dc
30%% for D.O.D.-military
Less than 15% for social agencies.
Most are white collar workers secretaries, clerks, lawyers, and engineers
Civil employees more diverse demographically than congress
CIVIL LIBERTIES
Concerned with basic guarantees and freedoms that are protected from government interference
Personal rights and freedoms which the federal government cannot abridge either by law constitution or judicial interpretation
CIVIL RIGHTS
Are the policies designed to guarantee the rights of individuals to receive equal treatment under the law. They are guaranteed by the government through laws protecting various categories of people such as race, age, etc.
We expect government to stay out of our civil liberties and to act in order to protect our civil rights
IN 1787 WHEN THE CONSTITUTION WAS WRITTEN BASIC PROTECTIONS FROM GOVERNMENT ACTION WERE INCLUDED IN ARTICLE 1 SECTION 9 WHICH PROHIBITED EXPOST FACTO LAWS BILLS OF ATTAINDER AND SUSPENSION OF HABEAS CORPUS. HOWEVER MANY OF THE STATES FELT THAT THIS WAS INADEQUATE AND IN ORDER TO PROTECT AMERICANS LIBERTY THEY DEMANDED A SPECIFIC BILL OF RIGHTS BEFORE THEY WOULD AGREE TO RATIFY THE CONSTITUTION.
THE BILL OF RIGHTS CONSISTES OF THE FIRST TEN AMENDEMNTS
AT TIME ADOOPTED NO INTERNET TELEVISION NEW MEDIA BUT MEANINGS STILL DEBATEED AND APPLIED TODAY
Barron v Baltimore Bill of Rights only applies to Congress, not state governments
14th amendment 1868 ties states to bill of rights
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Nor shall any state deprive any person of life liberty or property without due process of law
Nor deny to any person within its jurisdiction the equal protection of the laws
Privileges and immunities, due process, equal protection
THE INCOROPORATION DOCTRINE-constitutional doctrine whereby selected provisions of the bill of rights are made applicable to the states through the due process clause of the fourteenth amendment-MUST SUE AND WIN AGAINST ONE STATE TO GET IT INCORPORATED IN ALL STATES
1925 Gitlow v. New York – states could not abridge free speech due to 14th amendment due process
Although court upheld New York law free speech protected by 14th amendment
As soon as case is won it is applied to all other states
1937 Palko v Connecticut
Schenck v US-demeaning draft and war WW1 jailed
FREEDOM OF EXPRESSION
Court protective of ideas, unpopular and political speech require greatest protection
No prior restraint, efforts to censor expression
Protected symbolic speech, parody
Unprotected speech may come into conflict with government duties and obligations
Libel and obscenity are not protected
Time, place, and manner CLEAR AND PRESENT DANGER TEST 1919 Schenck to
Brandenburg v Ohio LIKELY INCITING OR PRODUCING IMMINENT LAWLESS ACTION 1969
US v O'Brien 1968 Burning draft card is "symbolic speech"? Yes
What will Court decide? Vietnam War draft law in Congress furthered legit government interest Brien stays in prison
Miller v. California-obscenity
Illustrations of sexual nature OBSCENITY-material with no social value which describes conduct in an offensive way
Stated obscene material is not protected by the First Amendment limited by applying community standards
Government may require a permit to use a public facility of assembly
Requires equal treatment of even unpopular views
Assembly must be peaceful
Sheppard v Maxwell (1966)-Dr. Sam Sheppard received so much pretrial publicity that his right to a fair trial was impeded. Should have protected jury from publicity
DUE PROCESS OF LAW Habeas Corpus Search and Seizure Counsel Trial by jury Protection against self-incrimination Right to face your accuser Right to obtain witnesses on your behalf
PROCEDURES must be used when one is accused of a crime guarantees 4, 5, 6, 8 amendments, article 1 section 9.
RIGHTS ACCUSED, SOCIETY
Competitive in nature with theory each side will bring relative facts to find truth
Limits on conduct of police officers and prosecutors
Defendant Pre-Trial Rights
Trial Rights
Miranda Rights
Videotaped Interrogations
Exclusionary Rule
Deny government authority TO MAKE general searches
Weeks vs US (1914)
Established exclusionary rule for federal case
A policy forbidding the admission of trial of illegally seized evidence
Mapp v. Ohio (1954)
Incorporation exclusionary rule to states
5th amendment states that no person compelled in any criminal case to be a witness against himself
Criminals cannot be required to take witness stand in their own trial answer both attorneys or none
TERRY FRISk
CIVIL RIGHTS
Protect certain groups against discrimination
Claims are raised when a group is denied access to facilities opportunities or services available to other groups
The issue is whether differences in treatment are reasonable
LEGAL PROCESS REGARDING DISCRIMINATION
age
Suspect Classifications: PROTECTED CLASS
Classifications of people on the basis of their race, ethnicity, religion subject to strict scrutiny----------more investigating, high bar
gender, wealth, disability, sexual orientation are not subject to rational basis
Forms of discrimination/segregation-
De jure (by law) much dismantled by Civil Rights legislation and court decisions
De Facto (by fact) segregation that occurs not as a result of law but as a result of residence; hard to dismantle
TO BECOME CITIZEN-2 ways
Jus sanguinis-being born to parents who are us citizens
Jus soli-being born in the us or a us territory
Immigrants can become citizens through naturalization
Enriches lives and creativity in society
Challenges of diversity
Prejudice, discrimination
Strict scrutiny test –race, religion, protected classes
heightened scrutiny –gender
CIVIL RIGHTS
Suffrage-
15 voting rights to African Americans, other minorities
19 voting rights to women
24 prohibited poll taxes
26 voting rights granted at 18
13 prohibited slavery
CIVIL rights act of 1964-prohibited discrimination based on race color religion national origin—stopping segregation and discrimination in public accommodations forbid employer minority discrimination
VOTING rights act 1965-ended literacy tests successful
Both attorney general help and intervene on behalf of minorities and those discriminated against
HOW TO START TO INTEGRATE
Swann v Charlotte Mecklenburg(1971) remedies may include racial quotas, redrawn district lines and court ordered busing
Inter city busing only if both city and suburbs had practiced segregation
Busing remains controversial
Sexual harassment
Quid prop quo: sexual favors are required as a condition for holding a job or for promotion; employers are strictly liable
Hostile environment: creating a setting in which harassment impairs a person's ability to work; employers are liable if they are negligent
Privacy and sex
Regulating sexual matters is traditionally a state function under the exercise of the police powers
In 1965(Griswold v. Connecticut) Supreme Court held that states could not prevent the sale of contraceptives, because that violated the zone of privacy
Roe v. Wade beginning- first trimester allowed, after states can make laws-freedom to choose 14th amendment
Webster 1989 Court upheld some restrictions on abortion
Casey decision 1992 does not overturn Roe but permits more restrictions : 24-hour wait, parental consent, pamphlets about alternatives
Title ix women athletics if men athletics high schools and colleges have to have both or none
Discriminatory laws "protecting" them
OTHER CIVIL RIGHTS ISSUES
Japanese Americans ww2
Mexican Americans 1940s segregation of schools
Chinese/Chinese Americans – Chinese exclusion act 1882
Native Americans-continued violence and targeting
Sexual conduct usually regulated by states but some laws struck down 4th amendment
Some rulings upheld rights of organization to exclude gays
Due Process 14th amendment right to marry applies to same sex as opposite sex
Americans with Disabilities act
1986 Georgia allowed to ban homosexual sexual activity
1996 Colorado votes illegal to protect persons based on glb orientation court overturns
2003 court overturns Texas law banning sexual conduct between persons of the same sex
2013 gay marriages ban unconstitutional under 5th and 14th amendments per article 4 all marriages must be recognized in all 50 states
Affirmative action: programs designed to increase minority participation in some institutions (businesses, schools, labor unions, or government agencies) by taking positive steps to appoint more minority group members
REGENTS OF THE UNIVERSITYY OF CALIFORNIA v. BAKKE(1978)
Numerical minority quotas are not permissible, but race can be considered
Proposition 16 was a constitutional amendment that would have repealed prop209 passed in 1996 from the California constitution. Prop 209 stated discrimination and preferential treatment were prohibited in public employment, public education, and public contracting on account of a person's or group's race,
his measure would eliminate state and local government affirmative action programs in the areas of public employment, public education, and public contracting to the extent these programs involve "preferential treatment" based on race, sex, color, ethnicity, or national origin. The specific programs affected by the measure, however, would depend on such factors as (1) court rulings on what types of activities are considered "preferential treatment" and (2) whether federal law requires the continuation of certain programs.
The measure provides exceptions to the ban on preferential treatment when necessary for any of the following reasons:
To keep the state or local governments eligible to receive money from the federal government.
To comply with a court order in force as of the effective date of this measure (the day after the election).
To comply with federal law or the United States Constitution.
Adarand Constructors v. Pena 1995 strict scrutiny for racial classification
RULE OF LAW AND LIMITED GOVERNMENT
Rule of law-no one is above the law including public officials
Citizens and officials abide by law equally, Fair trials
Limited govt- human being inherent rights govt can take, checks and balances-constitution, federalism, bill of rights
Political socialization-experiences and factors that shape an individual's political values, attitudes, and behaviors
Political ideology-an individual's coherent set of beliefs about government and politics
Family's political beliefs usually party identification biggest impact-source of political information
Education transmits norms, teach American civics, introduce students to political participation and volunteering, civic and religious organizations as well, college students and graduates tend to be more liberal in part to ideas and movements encountered there
Race, ethnicity, socioeconomic standing
Religion connected with family: Catholics more liberal econ than protestants, Jewish more liberal on econ and social issues than other conservative religions
Gender depending on time=since 60s men trend to vote more republican while women tend to vote making up more than half of Democratic Party membership, can be correlated with issue stance
Generational- impact of historical events experienced by a generation
Life cycle-impact of person's age and stage in life
Millennials shaped by terrorism
Baby boomers shaped by Vietnam and Watergate Scandal
Younge8r people less politically engaged than older people
Conservative-to promote public good, government should be less involved in economic issues
Liberal-to promote public good, government should play more active role
Social class-job and income, unskilled and lower class tend more liberal on econ policy
Age-different ages different priorities
African Americans usually Democrat younger beginning to go to Republican social and econ
Whites usually Republican many college graduates Democrat
Most Latinos Democrat except Cubans on econ more Republican on social
Asian Americans trend more Republican than even whites in 90s however majority for Obama 2008
East and West coast tend more liberal, South west Midwest (inland) more conservative
Public opinion: collective opinion of large numbers of people-represents the voice of thew majority of the people in the country-important factor in political process/government in a republic because public officials look to what a majority of people want for policy-However can be hard to define or predict despite background or historical political socialization for groups'
Ways of political participation opinions-voting, speaking or writing about political issues(blogging), polling/surveys, demonstrations, joining interest groups
The Masses-"mainstream" America-often do not focus large amounts of tiime on politics and government, can change political opinions given outside pressures(e.g. schooling, changes in income/economy, domestic and international events, media)
The eliites-defined as people who have a disproportionate amount of valued resource, whether it be money, schooliing, prestige, political power, etc.
Tend to know more as well as think differently about policitcs than mainstream, tend to have consistent opinions on politics and government
Measured through polling surveying the population on an issue
Polls are fairly reliable due to george gallup's scientific methods developed in the 1930s
In-person interviews, telephone interviews, online surveys, mail questionnaires
Exit poll(2000 unreliable) fraction of voters
Sampling participants must be random there is uncertainty sampling error
Question wording and order bias in wording and order of question can affect results and opinions
Timing as more info can given on issue or candidate can change opinions
GLOBALIZATION-increasing interconnectedness of people, businesses, cultures, and countries throughout the world
Blurs lines between international and domestic politics
Multipolar world-America is no longer the only superpower, China-global economic power has built up military strength, Russia-aggressively asserts its own interests in Europe, European union-global economic; lots of cultural influence
Besides countries- multinational corporations-companies that make transport and market goods and services in two or more countries, Nongovernmental organizations (NGOs) -independent groups outside of the government that work toward a public cause, Intergovernmental organizations(IGOs)-challenge sovereignty of countries, European Union, World Trade Organization, World Health Organization
Free trade-North American Free Trade Agreement US, Canada, Mexico----Trans-Pacific Partnership
Globalization can encourage democratization
EXPLOITATION-Outsourcing, occurs when a company moves its businesses to a place where labor costs are cheaper of production is more efficient because workers work longer hours----results in loss of jobs domestically----may lower environmental and labor standards in foreign countries---race to the bottom-----weakens traditional cultures----connects people/groups with negative and dangerous intentions