POL 123 – United States Government and Politics

Al deAprix, Instructor
2006

Introduction

Political Science as a behavioral science

politics/government a process
people have needs
Maslow’s Hierarchy of Needs (five ascending steps)
Self-Actualization
Ego
Social
Security
Physiological

understanding needs will lead to a better understanding of gov’t & politics

definition: politics – the process of securing and defending the resources
that fulfill needs

Text: American Government

sets forth Five Principles of Politics:
1) all political behavior has a purpose
2) all politics is collective action
this is not always true; wind turbine story
3) institutions routinely solve collective action problems
conditional acceptance of this point by instructor
institutions tend to conserve resources
4) political outcomes are the products of individual preferences
and institutional procedures
5) history matters
a very critical point; cannot understand institutions and
issues of today without understanding what came before

Historical Context of American Government and Politics

Instructor’s Discussion: American independence and the creation of a new form

of government for the newly independent states was part of an evolutionary
process that spanned a number of fields of human endeavor and was hundreds of
years in the making. The following outline is but a brief summary, but it does hit
critical highpoints of that process. Once some of these contributing factors are
understood, it becomes easier to understand issues in American history and
before the electorate today. Science, religion, philosophy, and yes, even

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 expediency and political cleverness have led to the creation of the modern
American state.

In this course, we will briefly look at science (in particular, astronomy), English
politics, religion, and political philosophy to see from whence the concepts
embodied in the Declaration of Independence and the U.S. Constitution arose.
Due to time constraints, the treatment will be brief, but it should in many ways
serve as a good review of material you have had in other courses.

Two Readings from the Declaration of Independence and the Constitution

Declaration of Independence –
“We hold these truths to be self-evident – That all men are created
equal; that they are endowed by their Creator with certain
unalienable rights; that among these are life, liberty,
and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just
powers from the consent of the governed; that whenever any
form of government becomes destructive of these ends, it is
the right of the people to alter or abolish it, and to institute a
new government, laying its foundation on such principles,
and organizing its powers in such form, as to them shall
seem most likely to effect their safety and happiness.”

Students should assess assumptions made by Thomas Jefferson in writing

this and be able to discuss their historical context.

Constitution –
“We, the people of the United States, in order to form a more
perfect union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this Constitution for the United States of
America.”

The Constitution is here clearly a contract. Note who is establishing that

contract: it is the people, not the states, that have formed it. The
power to create the government resides within the people, just as the
Declaration of Independence declares that it is the right of the people to
institute their government.

Ancient roots in Greece and Rome

Athenian democracy – limited number of participants, but participation
seen as a duty

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 Roman Republic – a government of laws passed by a Senate

definition: democracy – government by the people

definition: republic – government of laws

Contributing Factor #1 – Science

as the original science, astronomy played an important role in the

intellectual revolution that led to the creation of the American
republic and its democratic principles

stars were fixed, the planets, Sun, and Moon had motion
the heavens were immutable
ancient authorities provided what was known and taught
Aristotle (384-322 BC)
Ptolemy (mid second century AD)
Plato
authorities were not questioned
scholarly learning examined their pronouncements and attempted
to understand them better

Time of Charlemagne (742-814)

seven liberal arts
trivium
grammar, rhetoric, dialectic
quadrivium
astronomy, arithmetic, geometry, music
one learned what the ancient authorities professed and learned it
without question

Crusades introduce Europe to Middle East

early 12th Century
series of translations from Arabic to Latin
scientific & philosophic treatises
partly original work of Arabs or taken from Indus
numerals, algebra, astronomy
partly translations of Greek work
Euclid’s Elements
Ptolemy’s Almagest
great reverence for Aristotle

Roger Bacon (b. about 1214, d. about 1294)

three major works
Opus Majus, Opus Minus, Opus Tertium
treatises on most existing branches of knowledge

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 also discussed relative importance and right method
for advancement of learning
beginning of scientific method
questioning and testing
challenging of authority
read pp. 92-93 from Berry, A Short History of Astronomy (e-res)

Leonardo da Vinci (1456-1519)

illumination of lunar globe during crescent phase

Nicholas Copernicus (b. 1473)

proposed heliocentric model with little support from antiquity

Tycho Brahe (b. 1546)

supernova of 1572
the heavens are not constant – the authorities are wrong
sometimes changes or events that cannot be explained
under the old systems of thought lead to the creation
of new ways of thinking
astronomical measurements
must take measurements and collect data before deriving
conclusions; also need to generalize the data to
discover trends – if data is too specific, can miss the
big picture

Galileo Galilei (b. 1564, Pisa)

“He became noted in particular for his unwillingness to accept
without question the dogmatic statements of his teachers,
which were based not on direct evidence, but on the authority of
the great writers of the past.” -Berry
conducted scientific experiments and made observations
pendulum
falling bodies
by 1609 making major astronomical observations
Moon’s mountains and craters
more than 6/7 stars in Pleiades
multitude of stars in Milky Way
Jupiter’s moons - this challenged heliocentric
system
Saturn’s “ears”
condemned 1616
tried 1633
Giordano Bruno burned at stake 1600 for supporting
Copernican view
Galileo’s works still prohibited 1819
off the list by 1835

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 Johannes Kepler (b. 1571)
utilized Brahe’s data to plot elliptical orbits
careful measurements lead to discovery

Sir Isaac Newton

develops calculus and applies mathematical reasoning to
investigations to reveal how nature works – here we see
rigorous application of mathematical methods to the
discovery process; statistics and correlation are used in
political science research

Contributing Factor #2a – English Political Heritage, Part I

Magna Carta 1215

Angevin Empire
Normandy, Anjou, Touraine, Maine, Brittany, Aquitaine
held by English king in France
King John a ruthless, hardened warrior
but politically crafty
he and nephew Arthur (Geoffrey’s son) could claim throne
King Phillip Augustus supported Arthur
summoned John as Count of Poitou to answer complaint
1202
John refused service, distrusted Phillip
Arthur besieges grandmother Eleanor at Milebeau in Poitou
John covers 80 miles in 48 hours
captures Arthur
Arthur dies as captive in Rouen
Phillip conquers Normandy 1204
Pope Innocent III
involved in crisis over appointment of Archbishop of
Canterbury
selects Stephen Langton 1206
John begins seizing church lands
gains their revenues (to use in war against French)
Pope lays England under Interdict (for 6 years)
excommunicates John 1209
supports planned French invasion
John becomes vassal of the Pope
John’s opponents now face excommunication, papal anger
English barons become tired of service and taxation in support of
war against French on continent
Langton sides with English nobility against king (and Pope)

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 force John to meet with them at Runnymede
issue a 61-clause (essentially) legal contract
deals with the details of feudal administration and
custom and includes provisions for securing
the enforcement of the contract’s provisions

The Magna Carta contains nothing about

democratic government or the rights of the
common man. It has nothing about Parliament, only
about an assemblage of nobles and clergy to deal
with their feudal duties. It is a redress of feudal
grievances. Reissued 38 times in the
net century, it is then mostly forgotten for the next
300 years. It is critical to American politics
and government because it establishes the
precedent that there is a law which is above
the king and it is a law which he (or the executive)
must obey. The executive power is not above
the law (think Nixon and the Watergate crisis).
Parliament begins in earnest in 1265
revolt of Simon de Montfort

Contributing Factor #3 – Religion

John Wycliffe (1324-1384)

preached poverty
advocated surrender of church property to government
did translations into the vulgar (here meaning the common
language)
preached in the common language
had powerful friends (they can help keep you out of trouble)
John Huss
followed Wycliffe’s teachings
did not have the same powerful friends
was burned at the stake
viewed as a martyr
Desiderius Erasmus (1466-1536)
Praise of Folly
ridiculed nobles and clerics
Christian Prince
held up ideal ruler
used the printing press to spread his work (though he wrote in
Latin)
Martin Luther
opposed the sale of indulgences – to free souls from Purgatory

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 Pope Leo X rebuilding Church of St. Peter in Rome
95 Theses Wittenberg October 1517
had support because Germans did not like their money going south
Man can read, interpret, think
does not require intercession (authority need not take
charge)

Contributing Factor #2b – English Political Heritage, Part II

England becomes Protestant country

Anglican Church (the state church of Henry VIII)
Puritans and dissenters
Presbyterians in Scotland
still a numerous Catholic minority

James I (began rule in 1603) a devout Protestant

Parliament had begun to take lead in matters of taxation and was
starting to move in direction of foreign affairs (fiscal impact)
coming clash over Royal Prerogative
unwritten constitution perceived
James maintained pacificism to avoid expense

Charles I
personal issues with Spain (over marriage)
sought war with Spain
marries Princess Henrietta Maria of France
granted only one year of tonnage and poundage (duties on goods)
not for life, as before
legislative bodies like to keep close watch over
taxation and expenditures; most of U.S.
works off annual budgets; a control issue, and
here we see a forerunner
at this point an expedition to Cadiz fails
Charles seeks a French Alliance, but Cardinal Richelieu is seeking
to crush the Huguenots, particularly at La Rochelle
failed English attempt to relieve La Rochelle, 1627
Charles now looking for money
forced loans
the Five Knights (think of this as a test case)
imprisoned, no habeas corpus
held under special right of the King

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 (think about Patriot Act and issue of
secret CIA prisons for
suspected terrorists)
Petition of Right
new Parliament of 1628
defended liberty and property
Four Key Points:
• no restraint or imprisonment
without some stated lawful
cause
• habeas corpus applies to all
in all situations – King is not
above the law in this matter
• if no legal cause shown,
should be set free or bailed
• taxes only by consent of
Parliament – the individual
has full and absolute property
in goods and estate

We are now beginning to see the emergence of unalienable rights

and we are getting a peek at the principle of social
contract being the basis for the government – the King does
not rule by divine right and the absolutism so feared on the
Continent by the English will not be allowed to gain a
foothold in England

Commons moves to force Petition of Right upon King

objective is to control King’s Prerogative
no acceptance of Petition = no money for war
Charles accepts reluctantly
however, continues to levy own tonnage and
poundage
Commons critical of this
Charles dissolves Parliament – period of the Personal Rule
peace, prosperity, religious toleration
frugality practiced, except at personal court
somewhat of a golden era
think back to Maslow’s hierarchy – needs
being met (people satisfied)
Charles levies “ship money” on inland counties
causes new stirring for Petition of Right
one shilling fine (from Elizabethan times) on
nonattendance at church
Puritans feel persecuted

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 attempt to force Scots to adopt English Book of Common
Prayer
leads to Scottish uprising 1639
now rights are being threatened; religion was a key
issue during those times and it served as a
political hot-button
calls Parliament for defense money, but Parliament heading
into revolt
1642 sees Nineteen Propositions to the King
Parliamentary control over government
sought
revolt begins, Charles loses, is executed 1649
English Republic, Oliver Cromwell Lord Protector
religious government

Contributing Factor #4 – Political Thought of the Enlightenment

Jean-Jacques Rousseau (1712-78)

stressed independence, liberty
native of Geneva
favored asceticism (definition – the practice of self-denial
as the means of religious discipline), Puritanism,
insistence on following the correct rules
believed in the Social Compact
government by the consent of the governed
Social Compact, p.16 in The Great Political Theories (e-
res)
Sovereign, p.21 in The Great Political Theories (e-res)

In its simplest terms, the Social Compact is a contract between the

members of society that establishes the means by which they are
governed. While the philosophy is fairly complex, the basic concept is quite
simple: people come together in some fashion to decide how they
will be governed and home much of their personal liberty they wish to
surrender to the state to provide for the mutual benefit of collective
security/prosperity/etc. through this government.

At this point I diverge a little into biology/behavioral science. Animals

establish territory. Territory is that piece of land (space) in which
the creature finds the resources to sustain it and to attract a mate. It
defends such territory against perceived/actual threats. Man is a
social animal. He works with others cooperatively to secure
resources and maintain a society in which he can find a mate(s).
Instead of defending the land/space against all comers, Man

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transfers his loyalty to the social group which provides him with the
opportunity to obtain his sustenance. I have come to conceive of this
process as displaced territoriality. Man surrenders to the group
certain initiatives in order to benefit from membership. I view
this as the method creating the Social Compact. (Note: this is strictly
the theory of the instructor and is not given to you as an accepted
view of any academic authority or scientific school of thought.)

Immanuel Kant (1724-1804)

law is the merger or uniting of the wills of individuals
Categorical Imperative, p.40 in The Great Political
Theories

John Locke (see article in Angel)

believed in natural rights
(a little of “We hold these truths to be self-evident…”)
life, liberty, property important
(“life, liberty, and the pursuit of happiness”)
social contract
government exists through the consent of the governed
(“governments are instituted among men, deriving
their just powers from the consent of the
governed”)

Baron de Montesquieu
approved of balance of power in British government

Voltaire
praised British government

We find here the justification for seeking independence, but we also find
considerable support for the British system of government. It had
an executive (crown plus prime minister), a two-house legislative
branch (Lords and Commons), and a separate judiciary. It had an
electorate, there were established rights, and it was a government of
laws.

Think back now to how the British sovereign’s powers were limited,
through which limitation a model was created for the U.S. Think
back to religious leaders who preached that the common man
could interpret and think for himself, that he needed no intercession on
his behalf with his God. Think back to the revolution in scientific (and
other scholarly) thought that stressed experimentation and
observation rather than blind reliance upon authority. The stage
is now set for the leaders of the fledgling American republic (or the

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13/14 republics, depending upon how you count Vermont) to begin
their great experiment in democratic self- government. It was not a
radical departure, but it did constitute a considerable
advancement in an evolutionary process of thinking that
stretched back for centuries.

The Articles of Confederation

The colonists engage England in a civil war

opposed taxation without representation
demanded same rights as the King’s subjects living in England
colonies unite into an association during Revolution and thereafter for
their common interests

Thomas Paine’s Common Sense sets forth the basis for revolt (see text in Angel)

Richard Henry Lee proposes drawing up articles of confederation, June 7, 1776

drafted by John Dickinson
amended, then adopted by delegates November, 1777
note the long time that passes between proposal and
enactment; inability to act was an ongoing problem
for the Congress under the Articles
ratification required all states
Articles of Confederation and Perpetual Union
not in effect until 1781 (ratification took over 3 years)
Maryland wanted resolution of Western lands question
Articles attempted to reconcile unity with localism
concerned, like Thomas Paine, that government is at
best a necessary evil and is in need of restraint
were the Articles a union or a treaty?
Morrison & Commager point to three aspects:
• Preamble speaks of perpetual union
• Article II provides that states retain their
sovereignty
• Article III describes the states as entering
into a firm league of friendship
in other words, the framers were not sure what they
were creating – they knew they needed unity
for survival, but they feared a strong executive
each state received one vote (delegate numbers
inconsequential)
unanimous consent needed to amend
states controlled taxation, regulation of commerce

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 citizens of the various states accorded equal treatment when
in another state
powers of the central government
make war and peace
send and receive ambassadors
make treaties and alliances
regulate coinage
establish postal service
manage Indian affairs
borrow money
raise an army
equip a navy
requisition men and money from the states
defects
failed to give Congress control over taxation and
trade (remember handcuffs)
lacked national executive, courts
had eight presidents (see list in Angel)
John Hancock the best known
they presided over Congress, not whole
government
quotes in The Growth of the American Republic
p. 258 James Madison (e-res)
p. 259 Noah Webster (e-res)
hard economic times follow Revolution, a stimulus for
change
but Western lands policy a success
Land Ordinance of 1785
land sold for revenue
Northwest Ordinance
could set up territorial legislature
3 to 5 states possible
needed 60,000 free inhabitants to set up state
problems pushing toward a solution
Shay’s Rebellion
navigation of the Potomac
commission set up
five states attend Sept. 1786 meeting in
Annapolis
Alexander Hamilton pushed for
broad solution
Congress of the Confederation called for revision meeting
to correct defects
set for May, 1787

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 The stage is now set for the grand experiment; supporters of the
meeting actually sought to create a new format for the
government, but spoke of revision or reform so as not to alarm
Americans who might fear wholesale change. They were to
meet in secret in order to have candid discussions and
debates, but James Madison kept detailed notes which have
revealed much of what transpired.

Drafting and Ratifying the Constitution

Class Exercise: What Did Its Drafters Seek in a New Constitution?

What they wanted to avoid, what problems needed solution

feared too strong an executive
did not want executive prerogatives like royal prerogatives
state-favored religion
religious persecution
inability to change organization
(think about scientific method/experimentation)
limit executive’s power to wage war
trappings of royalty
royal courts (subservient to the executive)
too weak a confederation
slavery question
(treat slaves as property or as humans?)

What they wanted to include, what solutions they envisioned

an executive
checks and balances
impeachment
impeached by the House
tried by the Senate
two-house legislature (bicameral)
House of Representatives based upon (relative) population
Senate represents states
taxation – power over government finance
House originates revenue bills
Senate advises and consents (votes on) treaties
states had been sovereign

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 power over commerce
annual budgets
a check on government operations
make Constitution a living document
all states not needed for amending
social compact
regular meetings of the legislature
executive cannot dismiss like King could close Parliament
no personal rule
regularly-scheduled elections (term of office specified)
creating new states out of western lands
follow Northwest Ordinance passed under Articles
provide for a military, not a militia
a federal union, clearly not just a loose association
but not a central government
personal rights
right to vote (needed for representative government)
freedom of religion
freedom of thought, expression
speech, press
(heavily grounded in the spirit of the Reformation)
liberty
(big question here: who gets to share in this liberty?)

Civil Liberties and Civil Rights

Are rights different from liberties?

Civil liberties (definition) – protections of citizens from improper
governmental actions
Civil rights (definition) – governmental responsibility to guarantee equal
citizenship and to protect citizens from discrimination by other
governmental entities and by private citizens
Liberties and rights are rules that govern governmental action
like parts of a contract – think Social Contract
The authors of our text again make the point that history matters –
“the institutions that are adopted in one era live on and shape the political
reasoning, goals, and actions of political actors in subsequent
eras.”
Question arises, do Americans have dual federal-state citizenship or one national
citizenship?
Court likes to follow precedent
Barron v. Baltimore 1833

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 John Marshall points to state constitutions – they spell out state
citizenship rights; the 5th Amendment constrains the federal
gov’t
why would Marshall rule this way? -think history
nothing in Constitution applies Bill Of Rights to state and
local government operations
thus, people have dual citizenship
14th Amendment (ratified 1868) seemed to challenge this viewpoint
appeared to nationalize the definition of citizenship, making it
joint citizenship, but this took time to be fully realized
“All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. 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 laws.”
(Section 1)
The Bourbons passed Jim Crow laws segregating
the races following the end of Reconstruction
State governments thus acted to deny blacks
their civil rights by codifying
discrimination
Slaughter-House Cases 1873
Court said 14th Amendment applied to Negroes as a class
but held Civil Rights Act of 1875 unconstitutional
the 14th Amendment applied only to actions of state
officials ostensibly acting under the law, not
to private accommodations, which were the
concern of the Civil Rights Act of 1875
Chicago, Burlington, and Quincy Railroad v. Chicago 1897
14th Amendment did apply
eminent domain requires just compensation
The 14th Amendment is now incorporating state
actions under the U.S. Constitution
Plessy v. Ferguson 1896
separate but equal acceptable as long as facilities were in fact equal
no badge of inferiority seen in being separate – Is this true? Why
separate people unless exposure to one contaminates the
other
Plessy 1/8th black
jailed for attempting to use white railroad car
Brown v. Board of Education 1954
“separate facilities are inherently unequal”
four cases bundled for consolidated Court decision

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 Kansas, SC, VA, and DE
Court ignored claims of better efforts
Civil Rights Act of 1964 and Voting Rights Act of 1965 begin affirmative
action

Now think back to what Hamilton said in Federalist No. 84. He contended that
enumerating rights could wind up limiting them. Even though a Bill of Rights
was adopted as the first ten amendments, we have discovered that the Supreme
Court and lower courts tended to view rights in a limited way. Although it could
be argued that Hamilton was not dead center on target, his knowledge of human
behavior had to have been fairly sophisticated as the struggle over rights
followed the pattern of limiting federal intervention on behalf of the citizens.
Madison in Federalist No. 51 was initially proven wrong; the states and the federal
government did not serve as checks upon one another, but rather (particularly in
the arena of civil rights for African-Americans) they could be considered as co-
conspirators in denying rights – some states through their active denial of rights
through law and the federal government through its silence. A century passed
before Madison’s envisioned protections began to become operative and almost
two centuries were to pass before they became essentially fully operative.

Freedom of the Press and Speech

Virginia Governor from 1671:

“I thank God we have no free schools nor printing, and I hope we shall not
have these hundred years. For learning has brought disobedience and
heresy and sects into the world, and printing has divulged them and
libels against government. God keep us from both.”
Thomas Jefferson:
“…were it left to me to decide whether we should have a government
without newspapers or newspapers without a government, I should
not hesitate to prefer the latter.” (1787)
“The only security of all is in a free press.” (1823)
quotes taken from Journalism in a Free Society
first newspaper in colonies
Publik Occurrences Both Foreign and Domestick
Boston, 1690
publication stopped for lack of license
two articles angered colonial gov’t
Indian treatment of French captives
report of scandal involving French king
other newspapers followed, including:
Boston Gazette, 1719
New England Courant, Boston 1721
published by James Franklin
jailed in 1722

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 questioned gov’ts effectiveness in curbing pirates
6 months later insulted His Majesty’s gov’t
turned paper over to brother Ben
New York Weekly Journal
started by John Peter Zenger 1733
arrested 1734 for publishing seditious libel
Andrew Hamilton defended
until then, the greater the truth, the greater the libel
Hamilton sought to try both fact and law
cited truth as a defense
Stamp Act taxed newspapers on circulation and advertising
newspapers then filled important roles
carried on debates over Constitution
then took sides as political parties developed
John Fenno, Federalist, Gazette of the United States 1789
Philip Freneau, Anti-Federalist, National Gazette 1790
Jefferson gave Freneau translating job in State Dept.
war with French brought Alien and Sedition Acts 1796
“That if any person shall write, print, utter, or publish…any
false, scandalous, and malicious writing…against the
government of the United States, or either house of
Congress, or the President…with the intent
to defame the said government…or bring them into
contempt or disrepute, shall be punished by a fine
not exceeding $2,000 and by imprisonment not exceeding
two years.”
did allow truth as a defense (Alexander Hamilton’s
urging)
jury had power to determine law and fact
brought nullification resolutions from KY and VA
Congressman jailed for ridiculing President Adams
Republican Revolution of 1800 brought pardons
Series of landmark cases:
Schenck v. U.S. 1919
Charles T. Schenck general sec of Socialist Party
issued 15,000 pamphlets advocating draft resistance during WW I
convicted under 1917 Espionage Act
“the character of every act depends upon the circumstances in
which it is done.”
Oliver Wendell Holmes
cannot yell fire in a theater
“The question in every case is whether the words used are in such
circumstances and are of such a nature as to create a clear
and present danger that they will bring about the substantive
evils that Congress has a right to prevent.”
Gitlow v. New York 1925

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 convicted of violating Criminal Anarchy Act of 1902
anarchistic socialist
advocated violent overthrow of government
“It is a fundamental principle, long established, that freedom of
speech and of the press which is secured by the
Constitution does not confer an absolute right to speak or
publish, without responsibility, whatever one may
choose, or an unbridled license that gives immunity for every
possible use of language, and prevents the punishment of those
who abuse this freedom.”
Holmes did not see a clear and present danger
small minority held view
document did not call for immediate revolution
N.Y. Times v. Sullivan 1964
a Montgomery County commissioner in Alabama
1960 ad in NY Times
uncontroverted errors originally held libelous per se
defense had been limited to truth
cited Judge Learned Hand
The 1st Amendment “presupposes that right
conclusions are more likely to be gathered
out of a multitude of tongues, than through
any kind of authoritative selection.”
Court believed,
“That erroneous statement is inevitable in free
debate, and that it must be protected if the
freedoms of expression are to have the ‘breathing
space’ that they need…to survive.”

Elections and the Political Process

U.S. began with one-party government

Washington and Federalists inherited little governmental apparatus
extent of national government
one dozen unpaid clerks
no money coming in
army of 672 officers and men
no navy
Britain and Spain help spheres of influence over U.S. territory
everything had to be built from scratch
Washington elected unanimously (vote unknown)
Congressional caucuses began choosing candidates
Election of 1800 a revolution
Jefferson eventually triumphant
35 House ballots – Federalists supported Burr

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 Hamilton got three Federalists to cast blanks, electing
Jefferson
the first realigning election
Two parties evolve
Federalists, who fade away
Republicans (Democratic-Republicans – become modern Democrats)
Democratic-Republicans split
election of 1824 had four candidates
John Quincy Adams (National Republican)
Andrew Jackson (Democrat)
Henry Clay
William Crawford
Whig Party organized by 1836
falls by 1852 due to divisions over slavery question
Republican Party begins in 1854 as anti-slavery party
Types of Elections
Realigning Elections create new electoral patterns
1932 Democrats win under Franklin Roosevelt
1968 Republicans win under Richard Nixon
Maintaining Elections keep existing electoral pattern going
1900 Republicans win with William McKinley
1904 Republicans led to victory by Theodore Roosevelt
1908 Republicans win with William Taft
1924 Republicans win with Calvin Coolidge
1928 Republicans win under Herbert Hoover
1936, 1940, and 1944 Democrats under Franklin Roosevelt
1948 Democrats win under Harry Truman
1972 Republicans win with Richard Nixon
1984 Republicans win with Ronald Reagan
1988 Republicans win with George Bush
2004 Republicans win with George W. Bush
Deviating Elections temporarily override normal patterns, which return
1912 and 1916 Democrats win with Woodrow Wilson
1928 Democrats loose with Catholic Alfred Smith
1952 and 1956 Republicans win with Dwight Eisenhower
1964 Republicans loose under Barry Goldwater
1976 Democrats win with Jimmy Carter
1992 and 1996 Democrats win with Bill Clinton
Reinstating Elections return electoral patterns to ‘normal” after a deviation
1896 Republicans under William McKinley
1920 Republicans with Warren Harding (“Normalcy”)
1960 Democrats under John Kennedy
1980 Republicans under Ronald Reagan
2000 Republicans squeak through with George W. Bush

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 Special note: in the election defeats of 1928 and 1964, the Democrats and then
the Republicans respectively tilled fertile ground with certain parts of the electorate that
four years later helped forge new electoral coalitions. While Smith’s Irish Catholicism
alienated many voters in the South, he did bring new ethnic Catholics into the
Democratic Party that helped forge Franklin Roosevelt’s coalition four years later.
Goldwater’s opposition to federal civil rights legislation endeared him to many white
Southern voters and made it easier for them to break their ties dating back before the
Civil War with the Democratic Party, making it easier for Republicans to build a new
national coalition tat included the South.

Congress

Article I of the Constitution concerns the Congress

Two houses: Senate and House of Representatives
House of Representatives
voted on by the people
voting qualifications based on requirement for most numerous
branch of each state’s legislature
must be 25 years old to serve
citizen for 7 years
inhabitant of state
Census established for representation and direct taxation
Indians excluded from apportionment if not taxed
each state gets at least on Representative
elects own leader, the Speaker
provides for other offices, but does not specify
Senate
originally chosen by state legislatures
17th Amendment changed that to direct election in 1913
same qualifications needed to vote for
Governor initially fills vacancies
need to be 30 years old to serve
citizen for 9 years
inhabitant of state
impeachments
Chief Justice presides over impeachment trials
2/3 vote needed to remove from office
can only remove from office
vice president presides over senate
may vote only to break ties
members choose president pro tempore
the real power in Senate leadership
members elect other Senate officers
Congress
meets at least once per year

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 can set own election dates
though states can set in absence of federal action
president has 10 days to veto legislation; can be overridden by 2/3 vote
pocket veto occurs when president holds bill if Congress adjourns
during those 10 days
Section 8 enumerates powers and provides necessary and proper clause
Senate versus House
Senate has broader base in most states
House more parochial (limited) in outlook
consequences:
more partisanship in House
more ideology in House
more debate in Senate, broader concerns by members

for notes on the Presidency and Bureaucracy, see

review notes for 11/30 exam (also on Angel)
The Judiciary

John Marshall the fourth Chief Justice

architect of Marbury v. Madison
this created judicial review following defeat of federalists in 1800
elections
Election of 1800
Alien and Sedition Acts an issue
Virginia and Kentucky Resolutions of 1798
written by Madison and Jefferson
basically proposed nullification, declaring Alien and
Sedition Acts unconstitutional and that states could
assert their rights over Congress
no mechanism existed at that time to make rulings on
constitutionality
Federalists lost election
` then sought positions for party faithful prior to Mar. 4, 1801
John Marshall (had been Sec. of State) appointed Chief Justice
Judiciary Act of 1801 created 42 new judicial positions for outgoing
Federalists
this included a Justice of the Peace for District of Columbia that
was to have gone to Marbury
some left in Marshall’s Sec. of State office after he went to
Supreme Court
Jefferson became president, appointed Madison Sec. of State
ordered him to not deliver the commissions
Democrat-Republicans began looking at impeaching Federalist judges
case gave Marshall chance to strike a blow for judiciary against his old
arch-enemy Jefferson without directly confronting him
Marbury petitioned Supreme Court for writ of mandamus

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 that would compel delivery of the commission
Marshall ordered Madison to show cause why Marbury should not have his
commission
Madison ignored Marshall’s order
major struggle expected; many thought Marshall would issue writ
Marshall surprised everyone by leading Court decision that rule the Judiciary Act
(which was already repealed in 1802) was unconstitutional, which thereby voided
Marbury’s appointment
Marshall ruled that the act was unconstitutional because it enlarged the
jurisdiction of the Supreme Court beyond what is provided in
Article III – but in so doing, Marshall went far beyond the scope of
Article III by finding a power that did not exist therein, enlarging the
jurisdiction of the Supreme Court beyond what is provided in
Article III
next statute to be declared was Missouri Compromise of 1820 in the 1857 Dred
Scott decision

General Notes on Judiciary

during early years under the Constitution, state courts handled most cases
no Supreme Court cases the first three years
first Chief Justice, John Jay resigned to run for governor of NY
would not accept another appointment
Supreme Court did not have its own building until 1935
held court in places like basement apartments and capitol
committee rooms
book, Twilight of the Supreme Court, published 1935
little did author realize there was a judicial revolution coming
Court made mostly conservative decisions for much of its history
number of justices set by law, not Constitution
began with chief justice and 5 associate justices, total of 6
1801, total reduced to 5
1802 6
1807 7
1837 9
1863 10
1866 7
1869-present 9
important terminology p.317
criminal law – deals with penalties for violating laws/statutes
civil law – settling of disputes that involve damages without criminal
penalties
O.J. Simpson was acquitted of criminal charges in the death of his
ex-wife and Ron Goldman, but he lost a civil suit brought
against him for violating their rights, namely their rights to
live
public law – involving actions of public agencies and officials

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 plaintiff – brings suit
defendant – charged with the complaint
precedent – use of prior cases in judicial decision-making
stare decisis – let the decision stand (Court does not overturn a lower
court’s decision when it issues a stare decisis ruling
standing – Article III speaks to “cases and controversies”
no advisory opinions
parties have always had to have standing, or a stake in the
outcome
moot – case no longer relevant
but exceptions like Roe v. Wade (where pregnancy already over)
amicus curiae p.346 – friend of the court
solicitor general can take such a path
interest groups

Key Cases –
Marbury v. Madison 1803
Baker v. Carr 1962 – one man, one vote
Miranda v. Arizona 1966 p.340
set forth Miranda Rule
arrested people have the right to remain silent, the right to
be informed that anything they say can and will be
used against them, and that they have the right to counsel
(lawyer) before and during police interrogation

Going to Supreme Court with a case

Court most likely to accept: p.342
cases involving conflicting lower court decisions
important questions of civil rights or liberties
cases where federal gov’t is the appellant
Cases primarily reach Supreme Court through writ of certiorari p.343
ordering a lower court to deliver records to be reviewed for legal
errors
four justices must agree to the certiorari
then case put on the discuss list
Other avenues
writ of certification – U.S. Court of Appeals asks for instructions
on a point of law that had never been decided
writ of appeal – from a 3-judge federal district court
Court and Politics
Court very much interested in politics (though rarely partisan politics)
rejected FDR’s economic recovery package at first
that led to FDR’s court-packing scheme
Warren Court remembered for Brown v. Board of Education
Rehnquist Court rendered Bush v. Gore 2000
Strict constructionists = restraint, but not always conservatism

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 Activists = broadening Court’s scope, but not always liberalism

strict constructionists activists

I
I
liberals I Warren Court
-----------------------------I--------------------------------
I
conservatives Burger Court I Rehnquist Court
I

types of opinions
majority – the actual decision (assigned by Chief Justice or, if he is in
minority, by the ranking member in seniority among the majority
concurring – agreeing with majority, but for a different reason
dissenting – opposed to majority’s decision (assigned by dissenters’ senior
justice unless Chief Justice is among the dissenters

briefs – written documents explaining why the court should rule in a party’s favor
p.349
petitioner’s brief
respondent’s brief
petitioner’s reply brief – gets to answer points made in respondent’s brief

Judicial Revolutions – there have been two in recent decades pp.367-9

substantive – changing society through Court rulings (as in Brown)
procedural – allowing more access to the courts
class action suits
maintaining court oversight over cases until judicial remedies
implemented

Public Opinion

Socialization is the process by which norms, beliefs, attitudes, opinions, etc. are
instilled in a person beginning in infancy/childhood and continuing throughout
life
who/what contributes to socialization?
family
churches
schools
friends
associations
media
even politicians

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 understanding public opinion p.381
values (or beliefs) – deep-rooted goals, aspirations, and ideals
beliefs are broad in scope (ranging over many issues), attitudes are
specific
ideology – general philosophy of gov’t
conservative – retaining status quo (in theory), but today it means
‘returning’ to some better time
liberal – seeking change of that which ostensibly denies or limits
individuals

no matter what definition is provided for liberal v. conservative,

there will always be flaws to it when compared with politics in the
wider (real) world because political activity is inherently
‘messy’ with contradictions, compromises,
misunderstandings, etc.

society has certain fundamental agreements (norms, values) that hold it together
as shared opinions see chart p.384
according to surveys, 95% agree with equality of opportunity, 89% agree
with freedom of speech, and 95% believe that public officials
should be chosen by majority vote

Professor Verne Edwards (journalism, Ohio Wesleyan University) always told his
students to be careful of overestimating readers’ vocabulary or underestimating
their intelligence.
people are intelligent, but they are not knowledgeable on the issues
They often employ a short hand in making their political decisions
and that is party identification. Party identification may
change over time, as did the party ID of Southern whites,
switching from the Democrats to the Republicans from just
after WW II to the Reagan years, making the Republicans a
dominant power in the region and making the South the
strongest region in the nation for the Republicans. As those
voters began to vote more frequently for Republican candidates,
they began to think of themselves as Republicans. The same thing
in reverse happened with African- American voters – as
Democrats tended to those voters’ needs and rights, their
traditional loyalty to the party of Lincoln eroded to the point
of nonexistence.

Public opinion surveys

when done correctly in a manner dictated by the mathematics of
probability and statistics, random sample surveys can provide a
photograph of that instant in time
margin of error - + a certain percentage (such as + 3%)

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 if stated margin of error is less than the difference between
a survey’s or poll’s findings, then the results are
inconclusive
confidence – 99% and 95% are common
they tell how many times in 100 chances the poll would
have the actual result within the stated margin of
error
No matter how accurate and well-done a poll happens to be, a
pollster and a reader can never count on 100% reliability –
it just cannot work out that way mathematically unless everyone
(the entire population) is surveyed. Also, remember that polls
are a picture of that instant in time; actual results of a political
race can change because events and additional information
can alter voters’ decisions.

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