These obsolete class notes have been replaced by the Actual Lectures from each week, so these basic source notes have not been significantly updated since May 2020.

HONORS AMERICAN GOVERNMENT CLASS NOTES

WEEKS 1-2:
Liberal-Conservative Ideology and Introduction to Public Policy

CONTEMPORARY POLITICAL IDEOLOGY

CONSERVATISM:

1) Individualism, self-reliance

2) Private sources: family, religion

3) Free enterprise, capitalism

4) Limited government

5) Tradition

6) Anti-crime, punitive measures

7) Foreign- anti-communism, national security, force

LIBERALISM:

1) Recognize history of human failings, regulate them

2) Economic security provided by government

3) Equal opportunity, maybe results, government ensured

4) Civil liberties support, deemphasize tradition

5) Crime- stress prevention, rehabilitation

6) Foreign affairs- cooperation, foreign aid, human rights

Parties and candidates' ideologies; some white southern Democrats are exceptions to the rule of Democrats generally being liberal and Republicans generally being conservative.

To learn about liberal and conservative organizations, visit the following websites:

• The Americans for Democratic Action, a liberal group
• The American Conservative Union, a conservative group

Examples of prominent liberal and conservative people follow. Visit the websites provided:

• Ronald Reagan, a conservative President
• Franklin D. Roosevelt, an economic liberal President
• William F. Buckley Jr., a conservative writer and publisher
• Senator Edward Kennedy, the Liberal Lion

Some people are not consistently liberal or conservative. Check out these websites:

• The Libertarian Party
• Blue Dogs, moderate to conservative Congressional Democrats
• Main Street Partnership, centrist Republicans

The national Democratic and Republican Party platforms in 2016 basically reflect the liberal orientation of the Democratic Party and the conservative orientation of the Republican Party, particularly on non-foreign policy issues. Skim these party platforms:

• 2016 national Democratic Party platform.
• 2016 national Republican Party platform.

Class discussion of government's reaction to Coronavirus pandemic. More liberal, Democratic party dominated states (like California, New York) seem to err on the side of safety, desiring to keep their societies shut down as long as possible ("if it would save one life"), while more conservative Republican party dominated states (most southern states) want to open up their economies as soon as possible. So Democrats stress "security," while Republicans stress individual "freedom." Where do you fall in this spectrum- security versus freedom. Can a desire for absolute security result in a more dictatorial authoritarian government, as German sociology Erich Fromm wrote about in his 1941 book Escape from Freedom?

Introduction to Public Policy

There are many important public policies that we will discuss during this class, that your book reports will cover, and that will be debated during the Congressional simulation. Some of these important issues include:

• Domestic Economic and Social Welfare types of issues. The books It Takes a Village and It Takes a Family illustrate how liberals and conservatives place a differing emphasis on who is responsible for their lives. The book Our Kids analyzes American poverty and other problems. Saving Capitalism: For the Many, Not the Few debates important economic issues. A Fighting Chance is the story of one woman senator who fights against powerful interest groups to try to enact liberal programs.
• Environmental and Energy issues. The books Physics for Future Presidents and Beyond Smoke and Mirrors deal with these subjects.
• Race issues. The book For Us, the Living gives a first-hand account of the civil rights movement. The Aaron Henry book is a biography of a civil rights as well as political leader of Mississippi.
• Foreign Policy issues. The book Democracy allows us to understand the complexity of creating governments across the world. The books War of Necessity, War of Choice, and Hard Choices examine the complex issues around the world, including those of war and peace, that face our nation.

Individual leadership is important in getting the government to enact public policy laws. Presidents play a central role in this process. The books Washington's Circle and Team of Rivals (about Lincoln) illustrate the importance of a President getting good people to work together for the common good. The books about Andrew Jackson (American Lion), Truman, and Ronald Reagan illustrate other aspects of leadership. A less partisan approach is offered by the book Destiny and Power, which stresses the importance of public service. Obama's book shows how a President's views can be shaped by his life experiences.

Other leaders in the executive branch are also important. Former FBI Chief's A Higher Loyalty shows the interaction between the FBI, Justice Department and the White House. The Fire and Fury book shows divisions within the White House staff itself, and how they interact with the President. Michelle Obama's book Becoming shows how the First Lady can stress important social issues.

Leadership in other branches of the government is also critical. Trent Lott's book describes congressional leadership being like Herding Cats. Improving leadership in our government and in Congress is the theme of Crisis Point, a book authored by two former Senate leaders of both parties. Former comedian and U.S. Senator Al Franken's book is a hilarious look at how the Senate operates in practice. The individual views of the nine Supreme Court justices can lead to Uncertain Justice, the title of another book. Former Mississippi governor Haley Barbour's book on Katrina shows leadership at the state level, and illustrates federalism and intergovernmental relations as he had to work with the federal government to get relief funds. Packing the Court shows how the Supreme Court has historically never been ideologically neutral, but has been shaped by its membership as molded by Presidents.

The election process itself is quite complicated, and results in who becomes our leaders. Shattered: Inside Hillary Clinton's Doomed Campaign gives a first-hand look at running a political campaign. The book Packaging the Presidency shows the importance of television ads in political campaigns. Political parties are themselves critical in the election process, as shown in the book on Mississippi Politics. Insights into how a non-politician can be nominated for President may be provided in Never Enough, a book about Donald Trump. Newt Gingrich's book Understanding Trump gives insight into President Trump's policy goals.

WEEKS 2-3:
The Constitutional Foundation

THE CONSTITUTIONAL FOUNDATION

3 functions of government: legislative, executive, judicial.

British government model

Early American colonies government form

Declaration of Independence: Locke (English philosopher) concepts

• 1. natural rights, life, liberty, property, happiness
• 2. limited government
• 3. consent of governed
• 4. right of revolt

Read the Declaration of Independence in the National Archives website.

Articles of Confederation weakness:

• 1. unicameral legislature, state equality;
• 2. no independent executive;
• 3. no national court system;
• 4. can make appropriations, but only ask states for taxes;
• 5. can declare war, but only ask states for troops;
• 6. can't regulate trade between states or with other nations;
• 7. amendments require unanimity.

Review the original Articles of Confederation.

Shays Rebellion- rebellion of debtor farmers against state courts illustrates weakness of Articles of Confederation government. Read about Shays' Rebellion.

Constitutional Convention, 1787, Philadelphia, only amend Articles at first; elite delegates. Learn about the delegates by visiting the National Archives website.

Compromises adopted at the Convention:

• 1) Great Compromise- large and small states, bicameral Congress
• 2) Three-Fifths Compromise- slaves count for taxation and representation, but only 3/5 of free
• 3) No export tax for any item, helps South
• 4) Slave trade can be regulated after 20 years

Read and study the original U.S. constitution
Read and study the Bill of Rights
Read and study the remaining amendments to the federal constitution

Checks and Balances

• 1. Bills must pass both the House of Representatives and the Senate in identical form to become law; each chamber is checked in power
• 2. Presidential signature of bills, checks the Congress
• 3. Congress overrides Presidential veto by two-thirds vote of each chamber, thereby checking the President
• 4. Congress can impeach and remove from office the President
• 5. Congress can impeach and remove from office Supreme Court judges
• 6. Supreme Court can declare congressional laws unconstitutional
• 7. Supreme Court can declare presidential actions unconstitutional

Impeachment:

"The President, Vice-President, and all civil officers of the U.S. shall be removed from office on impeachment for and conviction of Treason, Bribery, or other high Crimes and misdemeanors."

Impeachment is an indictment, an accusation; requires a majority vote of House.

Conviction requires a two-thirds vote of Senate.

Ultimate penalty is removal from office.

Used against President Andrew Johnson, impeached but not convicted; Clinton was also impeached, but not convicted; Nixon resigned before impeachment; Trump was impeached, but not convicted. Votes are often heavily influenced by party. In Trump's senate trial, the only senator to break party lines was Republican Romney.

Visit a website devoted to the impeachment trial of Andrew Johnson.

Visit a website devoted to the Clinton impeachment saga.

Also used against federal district judges. Executives like cabinet officials resign or are fired.

Selection Methods

SELECTION METHODS: UNAMENDED CONSTITUTION. Indirect rather than direct influence of public shows founding father's fears of unchecked democracy.

• 1. House of Representatives members are directly elected by the people; have two year terms.
• 2. U.S. Senators were originally selected by the state legislatures; state legislators were elected by the people; Senators have 6 year terms.
• 3. President is selected by the electoral college; electoral college members were selected by the state legislatures; Presidents have four year terms, originally no limit on number of terms.
• 4. Supreme Court judges are nominated by the President, and confirmed by the Senate; life terms during good behavior

• 1. Each state is divided into House districts; Mississippi has 4
• 2. U.S. Senators are popularly elected, 17th amendment adopted in 1913
• 3. Presidential electors are directly elected by the people, due to state laws enacted during Jacksonian democracy; presidents are limited to two terms in office, due to 22nd amendment after FDR's election to four terms (adopted in 1951)

Requirements for Office Holding:

...............HOUSE..........SENATE..........PRESIDENT

AGE..............25................30....................35

RESIDENCY....State Inhabitant..State Inhab.....14 Yrs U.S. resident

CITIZENSHIP.....7 yrs..........9 yrs.....Natural born citizen

Congressional Powers (Article 1; but by law):

• 1) Money powers- appropriations (power of the purse, by law); revenue raising- taxation; coin and borrow money- deficit spending.
• 2) Regulate commerce between states (interstate commerce clause), and commerce with other nations.
• 3) War powers- declare war; raise and support armies and navy; regulate land and naval forces.
• 4) Other powers- establish post offices; regulate territories and make rules for entry into union; exercise exclusive legislation over District of Columbia.
• 5) Elastic clause- make all laws "necessary and proper" for carrying into effect these powers.

Differences Between Chambers.

• 1) Bills raising revenue must originate in the House; but they can be amended in the Senate.
• 2) Presidential nominations of executive department heads, ambassadors, federal judges must be approved by a majority vote of Senate; advise and consent power.
• 3) Treaties must be ratified by two-thirds Senate vote.

Presidential Powers:

• 1) He may require the opinion of the principal officer in each of the executive departments upon any subject relating to their duties-- chief executive power.
• 2) "He shall take care that the laws are faithfully executed" -- chief executive power.
• 3) Power to grant pardons for federal offenses, except in impeachment cases-- chief executive power
• 4) Foreign affairs powers-- he receives ambassadors (diplomatic recognition); shares powers with congress over appropriations, ambassadors, and treaties.
• 5) Commander in chief of the army and navy, when called into the service of the U.S.
• 6) State of union address, recommending measures to Congress-- legislative advice
• 7) Veto Power-- legislative power

Presidential Veto Power: when a bill passed by Congress is sent to President, he can --

• 1) Sign it, and it becomes law.
• 2) Veto it, and a two-thirds vote in each chamber is needed for it to become law despite the veto.
• 3) Take no action, and it becomes law without his signature after 10 days (excluding Sundays).
• 4) Pocket veto-- if Congress adjourns within the 10 day period, and President takes no action, the bill dies.

Vice Presidential Powers (under the Constitution):

• 1) President of Senate, but votes only if tie.
• 2) 25^th amendment-- becomes President if presidential vacancy; becomes Acting President if President unable to discharge his responsibilities; when Vice Presidential vacancy, presidential nomination of VP must be confirmed by majority of both Cong. chambers.

Read a short bio about Vice President Mike Pence.

Supreme Court:

• 1) Constitution specifies that judicial power is vested in one Supreme Court, whose judges serve for life unless impeached.
• 2) Congress can establish inferior federal courts, and can establish number of judges.
• 3) Original Supreme Court jurisdiction: cases affecting ambassadors, other public ministers, and those in which a state is a party of the dispute.
• 4) In all other cases (constitutional issues, federal laws, etc.), Supreme Court has appellate jurisdiction, "with such exceptions and under such regulations as the Congress shall make."

Constitutional Amendment Process: 2 methods to propose amendments, and 2 methods to ratify them.

Proposal: 1) Two-thirds vote of each Congressional chamber; 2) By a constitutional convention called by two-thirds of the states (never used).

Ratification: 1) State legislatures of three-fourths of states; 2) Conventions called by three-fourths of states (used only once).

A Balanced Budget amendment has never been passed by Congress. Read about an effort by an advocacy group to call a national constitutional convention to have such an amendment proposed.

The Equal Rights Amendment for women was proposed by Congress, but failed to be ratified by the state. Read about the ERA Amendment at an advocacy group's website.

Bill of Rights: Amendment Number

1^st -- Religion, speech, press, assembly, petition. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

2^nd -- Right to bear arms. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

4^th -- Search and seizure. Right to be secure in your "persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated." Warrants require "probable cause" and should describe the "place to be searched, and the persons or things to be seized."

5^th -- criminal rights: grand jury indictment; double jeopardy; self-incrimination; due process of law required to deprive one of life, liberty, or property.

6^th -- criminal rights: speedy and public trial; informed of accusation; assistance of counsel; confronted by witnesses against them; subpoena for favorable witnesses.

8^th -- prohibits "cruel and unusual punishments", excessive bail, excessive fines.

9^th -- people have other rights not specified herein.

10^th -- states rights. "The powers not delegated to the U.S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

View the Bill of Rights entry in the National Archives website.

Other important amendments to the federal constitution:

• 13th (1865)- outlaws slavery
• 14th (1868)- all persons born in U.S. are citizens of U.S.; no state can deny any person of life, liberty, or property without due process of law; no state can deny any person of equal protection of the law.
• 15th (1870)- voting rights cannot be denied or abridged because of race
• 16th (1913)- federal income tax permitted
• 17th (1913)- U.S. senate must be elected by people
• 18th and 21st (1919, 1933)- prohibition enacted, then repealed
• 19th (1920)- women guaranteed vote
• 22nd (1951)- two term limit for President
• 23rd (1961)- DC receives presidential electors
• 24th (1964)- poll tax outlawed
• 25th (1967)- presidential succession: VP "becomes" President; when VP vacancy, President nominates a VP, must be confirmed by majority of each house; VP is Acting President when presidential disability; VP and majority of cabinet can declare a presidential disability, and if President disagrees, Congress by a two-thirds vote of each chamber can keep VP as Acting President.
• 26th (1971)- 18-year old vote
• 27th (1992)- Congressional pay raise takes effect after next house election

WEEK 4:
Federalism- Federal versus state power

Federalism inolves the division of power between the federal government and the individual 50 states. States are important entities, as they came together to create the federal government. A third level of government is local- city and county government. However, this third level of government is a creation of each state, set up by state laws and state constitutions. Thus, we tend to focus in this class more on the division between federal and state responsibility. States have major responsibilities; the vast majority of criminal offenses are violations of state laws.

Mississippi as a case study. Similar to federal government, there are three branches of government, and a bicameral legislature. The Lieutenant Governor, like the Vice President, is the constitutional President of the upper chamber, the Senate. Differences from the federal government- the top executive department heads are elected, not appointed by the chief executive governor; the governor and lieutenant governor run separately (thus, they can be of different parties), while the President and Vice President run on the same ticket; Mississippi also elects six other executives, including the attorney general. The bicameral state legislature in Mississippi is apportioned by population (equal district sizes), so this differs from U.S. senate which is based on geography (states). Unlike the partisanship at the federal level, the presiding officers of the legislature (House Speaker and Lieutenant Governor) generally appoint members of both parties as committee chairs. Mississippi's state judges are elected by voters, unlike the federal level. Unlike the federal level where elections occur only in even numbered years, Mississippi has elections every year- federal elections in even numbered years, statewide executive elections the year before a presidential election, and local elections the year after a presidential election. These state government arrangements are provided for by the state constitution, by state law, or by custom. Other states have different arrangements, therefore: some have a cabinet like the federal level, where the governor appoints all executives with state senate consent; one state has a unicameral (one chamber) legislature; some states appoint judges with a commission or gubernatorial appointment; some states are partisan like the federal level in legislative committee chairmanships and assignments; most states elect statewide executive officials in midterm elections (two years after the presidential race).

A case study of state leadership in a natural disaster crisis, which is another major function of state government. This information is from Mississippi Governor Haley Barbour's book, America's Great Storm: Leading through Hurricane Katrina. Quotes are from that book. Some lessons learned:

• Everyone makes important contributions in a successfully resolved crisis: Ingalls shipyard and many closed coast hotels and casinos kept paying their employees for 90 days; the governor's office ensured that Mississippians would get "regular doses of good news, news to give hope and confidence that their communities would come back" (p. 82); the daily Sun Herald kept publishing, calling for "recovery, rebuilding, and renewal," speaking for "the strong, resilient, self-reliant people of South Mississippi," who would overcome a disaster "and build their communities back bigger and better than before" (p. 83); nearly one million volunteers were involved, most from faith-based groups such as churches; business leader Jim Barksdale donated $1 million for the Barksdale Commission on recovery, everyone on it served for free, and when told about a cost delay in rebuilding the Biloxi-Ocean Springs bridge he responded, "I will either give $9 million or I'll get others to help me raise it" (p. 124); committed and dedicated state employees had "no time off, no vacations," and "worked every day for months on end" (p. 196).
• The cooperation of other political leaders is essential: Democratic House Speaker Billy McCoy, though "personally opposed to gaming," supported permitting casinos to rebuild on land even though "support for the bill was not in his political best interest," but he cared more about what "was in the best interest of Mississippi" (p. 97); Florida governor Jeb Bush legally adopted three Mississippi Gulf Coast counties so they could get first response support immediately (FEMA bureaucracy); state's congressional leadership got federal funds that replaced the economic loss to state's economy, with key leaders being Senator Appropriations Chairman Thad Cochran (and his chief of staff Mark Keenum), and congressmen Roger Wicker and Chip Pickering; liberal Democrat Congressman Barney Frank of Massachusetts told governor Barbour in a chance D.C. meeting that he would support Mississippi's Katrina recovery plan: "I want to help. Get me your plan, and I'll write a letter to every Democratic Member of the House and ask them to support it." (p. 148)

Other state leadership lessons of recent Mississippi governors:

• William Winter- Education Reform Act- spoke to civic and education groups across the state; Boat Rocking Time speech to legislature; supporting evidence included Mississippi Poll and education reports; special legislative session called; Jackson Clarion-Ledger won the Pullitzer Prize for its coverage of state's education problems, an editorial had pictures of legislators in its Hall of Shame for not supporting education program.
• Bill Allain- business group AHEAD, Advocating Highways for Economic Advancement mobilized support for 1987 Highway Bill four-laning state's highways; state legislature exercised leadership and overrode governor's veto by a two-thirds vote in each chamber.
• Ray Mabus- failed leadership, stalemate between the governor and each legislative chamber resulted in a dead education plan, and big budget cuts including of education at all levels during a recession.
• Kirk Fordice- Legislative leadership, as legislature increases taxes to restore cuts in education at all levels with two-thirds veto override vote. Legislature also overrides governor's veto of new university library buildings.
• Ronnie Musgrove- as lieutenant governor, got Adequate Education Bill passed, and appointed most African American committee chairs in history. Couldn't get state flag changes. Raised teachers' salaries, but IHL cut. Lost reelection.
• Haley Barbour- won Governing Magazine's Profile in Courage for Hurricane Katrina leadership. Tort reform. Restored IHL cuts, as he saw universities as "engines of economic development."
• Phil Bryant- known for economic development, attracting businesses and jobs to Mississippi. Also, articulate defender of conservative ideology.

Class discussion of Coronavirus response and federalism. President Trump relied on the advice of the federal Center for Disease Control, and two infectious disease experts. He closed our borders with other countries, and urged an April shut down of most of our economy. Governors exercised the most power, issuing specific state shutdown and shelter in place orders. Mayors and county boards issued even more specific orders. In most states including Mississippi, even churches could not physically meet (some cities even prevented meetings by people in cars with rolled up windows), and parks were usually closed (even city parks, such as in Starkville). Some counties and cities had curfews (like Starkville and Oktibbeha county), and some required customers to wear face masks (Starkville). Notice how each state has been reopening, but in a different and phased approach. State universities like MSU are governed by state practices (Mississippi has an IHL Board of Trustees whose members are gubernatorial appointees). People have the freedom to vote with their feet by moving if they dislike state practices, as did one family that I recently met from California.

PRESIDENTIAL NOMINATION AND ELECTION POLITICS

PRESIDENTIAL NOMINATION POLITICS

The Presidential Nomination: it is the one office where we still have nominating conventions to select the parties' candidates. Each state party receives an allocation of delegates based on its population and voters' loyalty to the party's candidates. Federalism and states' rights are reflected in the freedom of the state parties to decide how to select the delegates, and when to choose them. Delegates are selected from February thru June of the presidential election year. Conventions are held in July or August.

Two methods for selecting delegates, based on state law and/or state party rules:

• 1) Caucus-convention method- an older method still used in about one-third of the states; delegates are selected in a multi-tiered system with precinct caucuses, county conventions, Congressional district conventions, and state conventions held over a two month time frame. Party leaders have more power here, as fewer people participate.
• 2) Primary elections- especially used since 1968, about two-thirds of states (including Mississippi) now use it. More people participate, so party bosses have less power.

Federalism and States' Rights still predominate, so the 100 state parties (2 major parties in each state) choose delegates on different days from February thru June.

An important phase of the process, historically, was the early states selecting delegates. New Hampshire has always been the first primary state, and beginning in 1976 Iowa has been the first caucus state. South Carolina then became the first southern state (using a primary). Candidates, especially unknowns, would try to do well in these states, in order to start a bandwagon. Unknown, liberal anti-war Democrat George McGovern came in a strong second in 1972 in New Hampshire, won Wisconsin, and won the nomination. Unknown Georgia governor Jimmy Carter won the Iowa and New Hampshire Democratic contests in 1976, and won the nomination; Obama upset the front-runner Hillary Clinton in the 2008 Iowa Democratic caucus, she came back to win New Hampshire, but then Obama won South Carolina. Nevada is the fourth early state, so all four regions of the nation are now represented in this early selection stage.

The National Convention-- because of polling and extensive media coverage of who's leading the delegate race, every nomination since 1956 has been decided on the First Ballot. The Republican race between incumbent Ford and challenger Reagan in 1976 was closest, and the undecided delegates went with the incumbent.

Stages of the national convention--

• 1) Credentials fights-- did the state parties follow national party rules in choosing delegates; if not, rival delegations can unseat them. In 1968 and 1972, the Mississippi Democratic delegations were unseated because of their racial discriminatory composition.
• 2) Rules fights-- how specifically will delegates be allocated among the states in future years, how is party loyalty defined; rules changes that benefit current candidates (a desperate Reagan in 1976 wanted to require Ford to name his Vice President before the presidential balloting, hoping that he would anger some delegates).
• 3) Balloting for President.
• 4) Vice Presidential balloting-- convention goes along with president's choice, ticket balancing is important.

National Democratic Party Rules Changes. Since 1968, national Democrats have tried to reform their party and make it more open and "democratic," and have imposed more rules on the state parties. The national Republicans are more supportive of states' rights, so they generally do not require as many rules. However, state laws enacted by Democrats can bind Republicans as well.

• 1) Affirmative action in representing minorities, especially African-Americans; quota system for women. Racial discrimination was outlawed in the 1960s, and a 1972 quota for women, blacks, and young adults created dissension.
• 2) Open delegate selection system, open to the public rather than a closed-door process dominated by party bosses. State parties must publicize the system. Started in 1972 after the 1968 Humphrey nomination disaster.
• 3) PR, Proportional Representation, replaces winner-take-all systems in 1972. States must allocate delegates across candidates based on the candidates' vote totals. 15% threshold, whereby candidates need a 15% minimum of votes to receive any delegates.
• 4) Primaries are used by most states by 1970s instead of caucus-convention system; demonstrates an open process.
• 5) Closed party system-- only Democrats can select delegates, generally, started in 1970s.
• 6) A 3 month window, whereby delegates (except in 4 early states) must be selected from early March to early June. Shortens the lengthy campaign season. Traditional early states got exemptions.
• 7) Superdelegates-- 14% of Democratic delegate seats are reserved for public and party leaders, starting in 1984. Many officials weren't willing to run against average citizens for delegate positions, and conventions dominated by amateurs nominated losers like McGovern in 1972 or outsiders like Carter.
• 8) Super Tuesday, Southern Primary. Southern Democrats got tired of liberal presidential candidates, and most southern states held primaries on the same Tuesday in early March, starting in 1988. In 2020, for example, 6 of the 11 southern states held primaries on the first Tuesday of March (Mississippi went on the second Tuesday of March).
• 9) Front Loading-- most delegates are now selected by the end of March, as states seek to increase their power by holding early contests. This front-loading process benefits well-known frontrunners, like Bob Dole in 1996. (In 2008 Democratic battle, 4 states held contests in January, and Obama and Clinton split them; on February 5, 16 states held primaries with Clinton winning 9 and Obama 7; the same day, 6 states held caucuses with Obama winning all; thus, 26 of 51 contests (including DC) had selected delegates by the first Tuesday of February. Front-runner Clinton was overconfident and expected to sweep these states, so she did not fully compete in the 9 states holding contests later in February, all of which were won by Obama.)

Skim the 2016 Democratic and Republican national party platforms. Finds the words "abortion," "gay," "civil rights," and "defense" in each platform, and read where each party stands on each issue.

WEEKS 5-6:
Political Parties and Campaigns

POLITICAL PARTY HISTORY

No Party Era: 1788-1796: Washington is above partisan politics, cabinet of both factions; Founding Fathers suspicious of parties, see them as divisive factions. Washington's Farewell Address warns against factions.

1ST PARTY ERA: REPUBLICANS VERSUS FEDERALISTS: 1796-1828. Party Differences:

• 1) Federalists for strong central government; Republicans prefer states rights
• 2) Federalists promote business interests; Republicans like agricultural republic
• 3) Federalists are elitist, Republicans are less elitist
• 4) Federalists are pro-British foreign policy, Republicans are pro-France
• 5) Federalists are strongest in New England states, Republicans in the South
• 6) Republicans are majority party

Read more about the Federalist Party.

Why Federalists Died Out:

• 1) Anti-democratic image- Alien, Sedition, and Naturalization Acts
• 2) Weak, split party- no party identification ties, little organization, split between Hamilton and Adams
• 3) Most people had agricultural occupations
• 4) Hartford Convention of 1814 opposing War of 1812, image of disloyalty

Brief One Partyism- Republican Party supreme- Era of Good Feelings- 1820, President Monroe is reelected unopposed.

Split between two factions of Republicans- National Republicans wishing to use strong central government for internal improvements, back John Quincy Adams in 1824; Democratic Republicans, backing popular democracy and Andrew Jackson. They become the Whigs and Democrats.

2ND PARTY ERA: DEMOCRATS VERSUS WHIGS: 1828-1860, Party Differences:

• 1) Democrats are pro-agriculture, Whigs are pro-business
• 2) Democrats are pro-Catholic and pro-immigrants; Whigs are more nativist
• 3) Democrats back Andrew Jackson; Whigs oppose Jackson, call him a King
• 4) Democrats back territorial expansion, Manifest Destiny
• 5) Both are national parties, but Democrats are stronger in South and Whigs in the Northeast
• 6) Democrats are majority party

Read more about the Whig Party.

Read a biography on the first Democratic Party president, Andrew Jackson.

Read President Trump's remarks about President Jackson.

Jacksonian Democratic Era- 1828-1860- more democracy

• 1) More people can vote- property holding requirements for voting are eliminated, as are religious tests for office
• 2) More direct democracy- states provide for direct popular election of presidential electors; more state offices are directly elected by people, such as governor
• 3) Modern political forms- National nominating conventions replace congressional caucus for nominating presidents; platforms, mass campaigning, log cabin, party identification among public, close elections

Rise of Republican Party, Breakup of Whigs

• 1) Kansas-Nebraska Act repeals Missouri Compromise, angers north
• 2) Dred Scott decision permitting slavery throughout western territory, rendered by southern Democratic-controlled Supreme Court, angers north

Read a short bio about the first President who was a Republican, Abraham Lincoln.

3RD PARTY ERA: REPUBLICANS VERSUS DEMOCRATS, 1860-1896

• 1. No party is majority party; Republicans win most presidential elections, but neither party consistently controls Congress due to the Solid South
• 2. Republicans are pro-business, Democrats are pro-agriculture
• 3. Republicans are associated with North's Civil War effort and with Radical Reconstruction, while Democrats are more sympathetic to South
• 4. Republicans are strong in North, and Democrats in South

Populist movement- protest movement by farmers hurt by worldwide agricultural depression, they back a third party supporting free coinage of silver and government ownership of railroads and regulation of merchants

Read the Populist Party platform of 1896.

Populists endorse Democrat William Jennings Bryan for President in 1896, non-farmers view Democrats as too agricultural a party for an industrializing nation, businessmen threaten workers with unemployment if he wins, Republicans become majority party in North

4TH PARTY ERA: 1896-1932, REPUBLICANS VERSUS DEMOCRATS, REPUBLICAN MAJORITY

• 1. Republicans are pro-business, also have some labor support
• 2. Democrats are very pro-agriculture, too narrow an economic base
• 3. Republicans are strong in North and West; Democrats are confined to South

Progressive Era- 1901-1918- middle class reformers

• 1) Direct popular election of U.S. Senators
• 2) Women receive right to vote
• 3) Primary elections replace conventions for nominating candidates
• 4) Voter registration systems combat fraud
• 5) Progressive policies- anti-trust, pro-conservation
• 6) Progressive federal income tax amendment

5TH PARTY ERA: 1932-1968: DEMOCRATS VERSUS REPUBLICANS, DEMOCRATIC MAJORITY

• 1. Democrats back New Deal, are liberal economically
• 2. Republicans are pro-business, support the rich, are conservative
• 3. Democrats are a national party, especially strong in South; Republicans remain strongest in the Northeast
• 4. Democratic coalition includes blacks, white southerners, Catholics, poor, labor unions, Jews, intellectuals, liberals

New Deal era- 1932-1938

• 1) Relief- government jobs provided for unemployed, public works, PWA, WPA, Civilian Conservation Corps; also, AFDC welfare program
• 2) Recovery- NRA, National Recovery Admin, limiting competition to preserve existing businesses; also, crop price supports provided to farmers
• 3) Reform- Social Security, labor unions (Wagner Act), minimum wage and maximum hours

Read more about FDR's New Deal program.

Realigning Period, the South leaves the Democratic Party

• 1. 1948 Dixiecrats protest Democrats backing of civil rights
• 2. Moderate conservative Republican presidential candidates find favor in South
• 3. 1960s era of Democratic-backed Civil Rights measures, and Republican conservative presidential candidates hurt Democrats among white Southerners

6TH PARTY ERA: 1968-PRESENT: DEALIGNMENT

• 1) New technology (television, professional campaign managers, pollsters), new generations, Vietnam and other crises usher in 1968 Dealignment Era
• 2. Ideological divide is great, as Democrats are liberal and Republicans are conservative, generally
• 3. Neither party is the majority party; many voters are Independents, vote for candidate rather than party
• 4. Neither party consistently controls the government. Until 1992, Republicans usually held the presidency and Democrats the Congress. After 1992, it has generally been the reverse.

Realigning Events Over American History:

• 1) Opening up the western territories to settlement ushers in Democratic era in 1828
• 2) Slavery and Civil War usher in 1860 era
• 3) Populist movement and William Jennings Bryan 1896 Democratic presidential nomination usher in 1896 Republican era
• 4) Great Depression and New Deal usher in 1932 Democratic era
• 5) New technology (television, professional campaign managers, pollsters), new generations, crises usher in 1968 Dealignment Era

POLITICAL PARTY ERAS SUMMARIZED

First- 1796-1828	Second- 1828-1860	Third- 1860-1896	Fourth- 1896-1932	Fifth- 1932-1968	Sixth- 1968-
Federalists	Whigs	Republicans	Republicans	Republicans	Republicans
National Power	Anti-Jackson coalition	Anti-slavery	Pro-business	Conservative	Conservative
Pro-business	Pro-business	Pro-business	North base	Pro-business	dealignment
Elitist	Nativist	North base	Majority pty.	High income	South base for pres.
Pro-Britain	New England base	Wins pres. elections
New England
Republicans	Democrats	Democrats	Democrats	Democrats	Democrats
States Rights	Agriculture	Agriculture	Agriculture	Liberal economics	Liberal
Agriculture	Catholics welcome	Anti-Radical Reconstructn	South base	New Deal coalition	dealignment
Less Elitist	Territorial expansion	South base		Workers and low income
Pro-France	South base	Often Controls Congress (House)		Majority pty.
South base	Majority pty.
Majority Pty.

(Source of lecture notes on the history of the American party system: American Political Parties: Social Change and Political Response,, Everett C. Ladd Jr., 1970, W.W. Norton and Co; Transformations of the American Party System, 2nd edition, Everett C. Ladd and Charles D. Hadley, 1978. W.W. Norton and Co; Dynamics of the Party System, James L. Sundquist, 1973, Brookings Institution)

Organizational Structure of the Modern Political Parties

Learn about the Democratic Party by visiting the website of the Democratic National Committee.

Learn about the Republican Party by visiting the website of the Republican National Committee.

Party Nomination Process in non-presidential elections

Beginning with the Progressive movement at the turn of the century, nearly every state now decides party nominations through primary elections, instead of the old convention method.

There are two major methods of primary elections: open and closed primaries. Nearly all states require voters to register to vote; closed primaries usually require voters to register as a party member, and they can vote only in the primary of that party; open primaries usually don't require voters to indicate their party, so they can vote in either party's primary.

Southern states have Runoff Primaries. Because of their one-party history, nearly everyone would run as Democrats, so those leading in the first primary would receive only a minority of the vote. Hence, a runoff between the two top candidates would be held.

Mississippi is a Modified Open Primary state. You don't register by party, and you can vote in either party's first primary. But once you select a party in the first primary, you must vote in that party's runoff primary (if you vote). In all types of primary states, all registered voters can vote however they wish in the general election.

Louisiana is a No Party Primary state, where all candidates run in a combined primary (their parties are listed after their names), and if no candidate receives a majority of the vote, a runoff election is held between the two top vote getters, regardless of their parties. Hence, if two Democrats receive 40% and 35% of the popular vote, and a Republican receives the remaining 25%, the runoff election will be held between the two Democratic candidates. Usually, incumbents win a majority, so no runoff election is required.

LEARN THE AMERICAN PRESIDENTS THROUGHOUT HISTORY, BASED ON THE PARTY ERA CLASSIFICATION SCHEME OUTLINED ABOVE

The first party era of Federalists versus Republicans was preceded by a two-term non-partisan, George Washington. It began with a one-term Federalist, John Adams. The majority Republicans then elected three, two-term presidents- Jefferson, Madison, Monroe. The party era ended with the one term presidency of John Quincy Adams. The presidents, and when they were elected follow:

• 1. 1788- Washington (2 terms)- no party
• 2. 1796- Adams (1 term)- Federalist (Alien and Sedition Acts)
• 3. 1800- Jefferson (2 terms)- Republican (Louisiana Purchase)
• 4. 1808- Madison (2 terms)- Republican (War of 1812)
• 5. 1816- Monroe (2 terms)- Republican (Monroe Doctrine, 1823)
• 6. 1824- John Quincy Adams (1 term)- bifactional Republican Party

The second party era of the majority party Democrats versus the Whigs started with a two-term Democrat, Andrew Jackson, and saw the Democrats win all except two elections that went to war hero Whigs.

• 7. 1828- Jackson (2 terms)- Democrat (Jacksonian democracy)
• 8. 1836- Van Buren (1 term)- Democrat (recession)
• 9-10. 1840- Harrison and Tyler (< 1 term each)- Whigs (Tippiecanoe and Tyler too campaign theme for Indian fighter William Henry Harrison who dies in office)
• 11. 1844- Polk (1 term)- Democrat (Mexican-American war and Manifest Destiny)
• 12-13. 1848- Taylor and Fillmore (< 1 term each)- Whigs (war hero Taylor dies in office)
• 14. 1852- Pierce (1 term)- Democrat (Northern man of Southern principles)
• 15. 1856- Buchanan (1 term)- Democrat (same, ineffective leader)

The third party era of Republicans being a presidential majority versus Democrats who win only two elections with the same conservative Democrat begins with Republican president Abraham Lincoln.

• 16. 1860- Lincoln (1+ terms)- Republican (Civil War)
• 17. 1865- Andrew Johnson (< 1 term)- VP running mate under Lincoln (Reconstruction controversy and impeachment)
• 18. 1868- Grant (2 terms)- Republican (Union war hero, harsh Reconstruction)
• 19. 1876- Hayes (1 term)- Republican (disputed election ends Reconstruction)
• 20-21. 1880- Garfield and Arthur (< 1 term each)- Republicans (Garfield assassination caused Civil Service reform)
• 22. 1884- Cleveland (1 term)- Democrat (conservative)
• 23. 1888- Harrison, Benjamin (1 term)- Republican
• 24. 1892- Cleveland (1 term)- Democrat (recession, populist discontent)

The 4th party era of majority Republicans versus minority Democrats saw only one Democrat elected president, for two terms, and he won only because of a split in Republican ranks between an incumbent and a former Republican president.

• 25. 1896- McKinley (1 + terms)- Republican (business defeats populist Democrat Bryan)
• 26. 1901- Teddy Roosevelt (1+ terms)- Republican (progressive VP follows McKinley's assassination)
• 27. 1908- Taft (1 term)- Republican (conservative)
• 28. 1912- Woodrow Wilson (2 terms)- Democrat (split Republicans elected him, World War 1 reelects him)
• 29. 1920- Harding (< 1 term)- Republican (Return to Normalcy)
• 30. 1923- Coolidge (1 + terms)- Republican (VP assumes presidency after Harding dies; he is reelected)
• 31. 1928- Hoover (1 term)- Republican (stock market crash, Great Depression)

The 5th party era of majority Democrats due to the economically liberal New Deal saw only one Republican elected president, two-term war hero Eisenhower.

• 32. 1932- Franklin D. Roosevelt (3 + terms)- Democrat (elected 4 times, dies year after last win; New Deal program, World War 2)
• 33. 1945- Truman (1 + terms)- Democrat (predecessor dies, Truman reelected in 1948; containment foreign policy)
• 34. 1952- Eisenhower (2 terms)- Republican (WW2 war hero)
• 35. 1960- Kennedy (< 1 term)- Democrat (43 years old, Catholic)
• 36. 1963- Lyndon Johnson (1 + term)- Democrat (Great Society program)

The 6th party era of dealignment saw no majority party as Republicans closed the party identification gap with Democrats.

• 37. 1968- Nixon (< 2 terms)- Republican (Vietnam War discontent elects challenger party; Watergate scandal)
• 38. 1974- Ford (< 1 term)- Republican (unelected president, 25th amendment VP confirmation)
• 39. 1976- Carter (1 term)- Democrat (born again southern Baptist)
• 40. 1980- Reagan (2 terms)- Republican (actor, California governor, conservative hero)
• 41. 1988- George Herbert Walker Bush (1 term)- Republican (Reagan's VP, recession hurts him)
• 42. 1992- Bill Clinton (2 terms)- Democrat (Arkansas governor, sex scandal, loses control of Congress in 1994)
• 43. 2000- George Walker Bush (2 terms)- Republican (disputed election, Texas governor and former President's son)
• 44. 2008- Obama (2 terms)- Democrat (economic disaster elects him)
• 45. 2016- Trump- Republican (being non-politician, Rust Belt elects him)

WEEKS 7-8:
The Presidency

THE EXECUTIVE BRANCH

THE PRESIDENCY

PRESIDENTIAL ROLES

• 1. Chief Executive
  
• 2. Commander in Chief
  
• 3. Head of State--foreign policy leader
  
• 4. Party Leader
  
• 5. Chief Legislator
  
• 6. Public Leader

GREATEST PRESIDENTS (rated by historians)

Read about the legacies of the presidencies of Washington, Jefferson, Lincoln, Ted Roosevelt, and Wilson by clicking on their names and visiting their websites. Read about the entire presidency of George Washington. Browse through the other president's websites.

	CHIEF EXECUTIVE	WAR LEADER	FOREIGN POLICY LEADER	PARTY LEADER	CHIEF LEGISLATOR	PUBLIC LEADER
Washington	Nat'l Unity	Revolutionary War Ldr.
Jefferson			Louisiana Purchase	Dem-Rep
Jackson				Spoils System	Veto Use	Jacksonian Democracy
Polk		Mexican- American War
Lincoln		Civil War		First Republican Pres.
Ted Roosevelt			World Power		First Progressive
Wilson		World War 1	League of Nations		Second Progressive
Franklin D. Roosevelt	Executive Office	World War 2		Democrat Majority	New Deal	Four Terms
Truman			Containment Prog.
Eisenhower						Tranquil Era
Reagan	Conservative Appointments		Wins Cold War	Party ID Parity	Conservative Leader

PRESIDENTIAL PROGRAMS

Remember to browse through the websites depicting the legacies of these presidents by clicking on their names.

	DOMESTIC POLICIES	FOREIGN AFFAIRS PROGRAM
TRUMAN	Fair Deal Rejected Civil Rights Bills Rejected Corruption-Communism Problems	Containment NATO Greece, Turkey Aid Marshall Plan Korean War China lost to communists
EISENHOWER	Tranquil Era Economic Growth- low inflation Unemployment- 3 recessions Anti-McCarthyism New Deal preserved	Peace- ended Korean War Kept U.S. out of Vietnam Pro-right-wing dictators-Dulles State Secretary Massive Retaliation Anti-Colonialism-1956 Mideast War
KENNEDY	Camelot-Charisma Pro-Civil Rights-Attorney General Bobby Kennedy leads Pushed Federal Health Care Pro-Space Race	Peace Corps Foreign Aid for 3rd World-liberal Berlin Wall Built Bay of Pigs Cuban Missile Crisis
JOHNSON	Great Society--liberal Anti-poverty programs-CAP, Model Cities, Medicare, Medicaid, Student Grants/Loans 1964 Civil Rights Act, 1965 Voting Rights Act, Open Housing Crime, Riots, Inflation	Vietnam War Involvement
NIXON	States Rights, Southern Strategy- CETA, Revenue Sharing, Anti- Busing, Southerners on Supreme Court Some liberalism-unbalanced budgets, wage and price control, EPA, CPSC, OSHA	Detente, Tripolar World Russia Visit, SALT 1 Treaty Opening and Visit to China Vietnam Peace Treaty Improved Arab relations
FORD	Caretaker Nixon Pardon Veto against Domestic Spending of Democratic Congress	Indo-China becomes communist Angola-Mozambique now communist Mayaguez incident
CARTER	Deregulation Energy program Minority Appointments Department of Education Inflation-unemployment	Peacemaker China Relations Camp David-Mideast Peace Treaty Panama Canal Treaty Human Rights Policy SALT 2 Iran-Afghanistan Crises
REAGAN	Conservative Ideology Cut Domestic Programs Tax Cut High Deficit	Increase Defense Spending Anti-Communist Policy Grenada Invasion
BUSH 1	Domestic Spending Rises Taxes Increased Deficit Swells Recessions hurts	New World Order Communism Falls in East Europe Soviet Union disintegrates Panama Invasion Gulf War with Iraq
CLINTON	New Democrat--moderate Gays in military, socialized medicine hurts politically Welfare reform, more police Sex scandal	Iraqi attacks Somalia, Haiti, Bosnia
BUSH 2	Compassionate conservative No Child Left Behind education policy Elderly prescription drugs Conservative judicial appointments Economic disaster- financial sector	9-11, 2001 terrorist attack Afghanistan war Iraqi war Anti-AIDS in Africa
OBAMA	ObamaCare, National health care Stimulus prevents Depression Gays in military legal Minority appointments in government	Osama Bin Laden killed Continues anti-terrorist policy worldwide Ends Iraqi war, ISIS rise Nobel Peace Prize won

The current President is Donald J. Trump. It is obviously too early to assess his administration's major policy accomplishments. The full website is very informative.

THE IMPERIAL PRESIDENCY:

• Johnson and Nixon presidencies.
  
• Impoundments- refusal to spend money appropriated by Congress.
  
• Broad war-making powers- Tonkin Gulf resolution, Laos-Cambodia bombings.
  
• 1974-1980: a weakened presidency.
  
• 1973 War Powers Act
  
• 1974 Budget and Impoundment Control Act- Outlaws impoundments without Congressional approval; establishes a Congressional U.S. budget.
• Special Prosecutor's Law

PRESIDENTIAL LEGISLATIVE SUCCESS due to:

• 1) Party control of Congress
  
• 2) Presidential popularity
  
• 3) Presidential legislative skills

PRESIDENTIAL POPULARITY affected by:

• 1) Unemployment hurts
  
• 2) Prolonged unpopular war with mounting casualties hurts
  
• 3) Major scandal- Watergate
  
• 4) Coalition of Minorities- his popularity declines over time as he makes decisions that anger more and more groups
  
• 5) Rally round flag, international crisis- helps temporarily
  

WEEKS 9-10:
POLITICAL PARTICIPATION AND VOTING

Who wins the presidential party nomination:

• 1) Incumbent Presidents- Usually Presidents are easily renominated, such as Clinton in 1996, Reagan in 1984, Bush in 2004, and Obama in 2012. But even when facing economic and international problems such as Carter in 1980, or a strong challenger such as Ford faced in 1976, they still get renominated. So did Hoover during the Great Depression in 1932.
• 2) Vice Presidents have an advantage- Gore in 2000 was Clinton's Vice President. George Herbert Walker Bush in 1988 was Reagan's Vice President. Mondale in 1984 had been Carter's Vice President in the late 1970s. In 1968, not only was Humphrey Johnson's vice president, but Nixon had been Eisenhower's vice president in the 1950s.
• 3) Party loyalists are benefitted. Both Humphrey and Nixon in 1968 was loyal supporters of their parties. Mondale was more of a party loyalist in 1984 than Hart or Jesse Jackson. Dole was a loyal Republican in 1996, having been RNC Chair under Nixon, the VP running mate in 1976, Senate Republican leader, and an unsuccessful candidate for the party's presidential nomination in 1980 and 1988. McCain had loyally defended Bush's Iraq war policy, so he got nominated in 2008. Hillard Clinton was a former First Lady, U.S. Senator from New York state, and she loyally served Democratic President Obama as Secretary of State, so she won the nomination in 2016.
• 4) It pays to be moderate- Pat Buchanan was too extreme compared to Bob Dole in 1996; Carter in 1976 was a southern moderate compared to his liberal opponents; Ford won the uncommitted delegates in 1976 who feared Reagan was too conservative; Humphrey beat the liberal reformers in 1968. Hillary Clinton was a liberal but tough on Russia, while her opponent Bernie Sanders was a "socialist," so Clinton won the 2016 Democratic nomination.
• 5) Front-runners are often benefitted. Dole in 1996, Bush in 2000, Kerry in 2004 are examples. Exceptions include Obama, who in 2008 upset frontrunner Hillary Clinton, plus McGovern and Carter in 1972 and 1976. Hillary Clinton was the clear front-runner in the 2016 Democratic nomination battle.
• 6) Winning early states can create a bandwagon, increasing fundraising and name identification. Anti-war McGovern in 1972 won a strong second place in New Hampshire; Carter's victories in Iowa and New Hampshire caused a massive bandwagon; Dukakis won his home state area of New Hampshire in 1988. Obama won Iowa in 2008, Clinton came back to win New Hampshire, but then Obama won South Carolina.
• 7) The South has been important, due to Super Tuesday. Mondale in 1984 stopped Hart bandwagon in the South; Bush, being Reagan's VP, won the South in 1988; Clinton swept his native South in 1992.
• 8) Unexpected events can be a killer. Kennedy led Carter in 1979, but international crises caused voters to rally-behind the President, and Carter was renominated in 1980. Bush lost New Hampshire after his Iowa victory in 1980, because he refused to debate, and after that it was all downhill. In 2008, Obama was an unexpectedly strong campaigner, being very charismatic, articulate, and thoughtful, plus Clinton was overconfident and failed to contest states after early February. Trump was a reality TV star who talked like common people, and effectively appealed to voter distrust of politics by being an "outsider."

View a chart that summarizes the importance of these 8 factors in helping candidates win the presidential nominations of their parties.

A note on 2020. Of course Trump fits the Incumbent President model, but where does Joe Biden fit in? Well, Biden was Vice President (under Obama), a Party Loyalist (Bernie Sanders has been elected as a Socialist Senator from Vermont), he is more of a Centrist, and the early state of South Carolina (and black support) was critical. While Biden lost the first three early states, he was endorsed in South Carolina by a U.S. House leader from South Carolina, African American James Clyburn, Biden had been Vice President under African American Obama; Biden spoke to black churches in South Carolina, and had even visited the black church there after the hate crime mass shooting, seeking spiritual guidance after one of his sons died of brain cancer.

PRESIDENTIAL ELECTIONS

2 Models of explaining the outcomes of Presidential elections: 1) Long term (party identification) versus short term factors (issues and candidates); the University of Michigan social-psychological model of voting behavior; majority party usually wins unless short term factors significantly benefit minority party candidate. 2) Satisfaction versus dissatisfaction; satisfaction helps incumbent party's candidate, while dissatisfaction helps the challenger.

1948
Truman (D) - 50% - New Deal domestic issues(I), Democratic majority (P).
Dewey (R) - 45%- popular governor (C), dissatisfaction (I).
2 Independents: Strom Thurmond and Henry Wallace- 2% each- (divided Dems)

1952
Eisenhower (R) - 55% - war hero (C). (Checker's Speech-Nixon)
Stevenson (D) - 45% - Korea, Communism, corruption hurt (I) . Dissatisfaction

1956
Eisenhower (R) - 57% - personal popularity (C); peace and prosperity (I). Satisfaction
Stevenson (D) - 43% - Democrat (P).

1960
Kennedy - (D) - 50% - young, charismatic (C); time to move ahead (I); Democrat (P).
Nixon - (R) - 50% - popular VP (C); knowledgeable (C). (Debates hurt Nixon)

1964
Johnson (D) - 61% - Democrat (P); centrist (I); incumbent (C).
Goldwater (R) - 39% - too conservative (I); extreme, impulsive (C). (Convention divided)
Read about Barry Goldwater's conservatism.

1968
Nixon (R) - 44% - Vietnam, unrest, crime, inflation (I). Dissatisfaction
Humphrey (D) - 43% - Democrat (P). (Divided Chicago convention)
Wallace (I) - 13% -

1972
Nixon (R) - 61% - world leader, prosperity (I); popular (C). Satisfaction
McGovern (D) - 39% - extreme liberal (I). (V.P. resigns-shock treatment)
Read about George McGovern's life (click on the Full Obituary).

1976
Carter (D) - 51% - Democrat (P); stagnant economy, pardon (I). Dissatisfaction
Ford (R) - 49% - Conservatism helps (I). (Ford debate blunder-E. Europe)

1980
Reagan (R) - 51% - Iran, Afghanistan, inflation, recession (I). Dissatisfaction
Carter (D) - 41% - poor leadership (C). (Reagan debate win-"there you go again")
Anderson, John (Indep)- 7%-

1984
Reagan (R) - 59% - peace and prosperity (I), likeable person (C). Satisfaction
Mondale (D) - 41% - Democrat (P). (1^st woman VP-Ferraro)
Read a brief biography of Geraldine Ferraro.

1988
Bush (R) - 54% - peace and prosperity (I). Negative campaigning.
Dukakis (D) - 46% - too liberal (I); uninspiring (C). (Debate-anti-death penalty, "iceman")

1992
Clinton (D) - 43% - moderate "New Democrat" (I). Dissatisfaction
Bush (R) - 38% - recession hurts (I). ("It's the economy, stupid"; Bush aloof at debate)
Perot (Indep) - 19% -

1996
Clinton (D) - 50% - Good economy, domestic (I) Satisfaction
Dole (R) - 41% - Old, uncaring (C). (Reps. keep Congress)
Perot (I) - 9% -

2000
Bush (R) - 50% - personable (C), compassionate conservative (I)
Gore (D) - 50% - arrogant (C), Clinton scandal (I), too liberal (I)

2004
Bush (R) - 51% - Decisive terrorist fighter helps Bush (I)
Kerry (D) - 48% - Flip-flopping liberal charge hurts Kerry (I)

2008
Obama (D) - 53% - Charismatic, articulate speaker (C)
McCain (R) - 46% - Financial Crisis, recession hurts (I) Dissatisfaction

2012
Obama (D) - 51% - Middle class programs (I), empathy with voter (C)
Romney (R) - 47% - Rich guy (C), blasts 47% non-taxpayers (I)

2016
Trump (R)- 46%- outsider, dissatisfaction (I); trade protectionism (I)
Clinton, Hillary (D)- 48%- basket of deplorables (racists, sexists, Islamaphobic) comment shows elitism (C)

Note: R denotes Republican candidate, and D denotes Democrat.
I denotes issues, C is candidate, and P is party factor.
Numbers denote percentage of popular vote received.

WEEKS 10-11:
Congress

THE LEGISLATIVE PROCESS-- CONGRESS

History

• 19^th century period of Congressional Supremacy. Hence, "war hawks" in Congress led President Madison into War of 1812; slavery in western territories was debated in Congress until 1860; congressional "Radical" Reconstruction was imposed after the Civil War.
• Progressive Presidents Theodore Roosevelt and Woodrow Wilson, and especially FDR strengthened the power of the Presidency, weakening congressional power.
• The Imperial Presidency: Johnson and Nixon years: 1) Presidential budget became paramount; 2) Impoundments, whereby President refused to spend money appropriated by Congress; 3) Broad war-making powers, whereby Presidents took initiative in committing troops abroad without Congressional declaration of war.
• Congressional Reassertion of Power: 1974-1980, due to Watergate. 1) 1973 War Powers Act, 60 day troop commitment maximum without congressional approval. 2) 1974 Budget and Impoundment Control Act, Congressional Budget established, impoundments outlawed.
• Today, more of a balance or tension between two branches, though Bush after the 9-11, 2001 terrorist attack sought to increase Presidential power to fight terrorism, and Obama was criticized for increasing executive power through ambitious executive actions. Trump has used even more executive orders to enact his campaign promises.

ORGANIZING CONGRESS: choosing committee assignments and institutional leaders is a three-stage process

• 1. There is a special committee for each party in each chamber of Congress. It is usually called the Steering Committee (except for Senate Republicans, who call theirs the Committee on Committees). The House committees are chaired by the Speaker or Minority Leader. This special committee will make committee assignments, as well as recommends the committee chairs. Members (especially freshmen) make their committee requests, and assignments are made from those requests, expertise, geography, seniority, and support from state party members on the special committee. The special committee selects committee chairmen usually based on seniority system--whoever has served the longest on that committee.
• 2. The party conference (House Democrats call it a caucus) ratifies committee assignments, committee chairs, and elects institutional leaders. The conference consists of all members of the party from that chamber.
• 3. A party-line floor vote legally finalizes all committee assignment, committee chairs, and institutional leaders. Both parties propose candidates as committee chairs and institutional leaders, but party-line votes result in the majority party winning all of those key positions. The losing party members become "ranking minority members" rather than "chairmen" of the committees.

INSTITUTIONAL LEADERS--2020

Be sure to browse the websites of these congressional leaders!

U.S. HOUSE OF REPRESENTATIVES, DEMOCRATS (majority party)

Speaker of the House-- presides over debate, party leader, institutional spokesman
Nancy Pelosi, California, 88% liberal, chaired California Democratic Party, elected to U.S. House in 1987, elected party whip in 2001, then minority leader after 2002 election, elected Speaker after 2006 elections, Democratic (minority) Leader after 2010 elections, back to Speaker after the 2018 elections.

Majority Leader-- official party leader, works with Speaker
Steny Hoyer, Maryland, 91% liberal, state senator for 12 years, elected to U.S. house in 1981; elected Whip in 2002, he was unopposed for reelection in his district in 2006, and he traveled around the country campaigning for Democratic house candidates, was then elected Democratic Majority leader; relegated to Democratic Whip after 2010 elections, but returned to Majority Leader position after 2018 election.

Majority Whip-- counts the upcoming votes of party members
James Clyburn, South Carolina, African American, 95% liberal, state Human Affairs Commissioner, elected to U.S. House in 1992 from new black majority district, elected Democratic Caucus Chairman in 2005, elected Majority Whip after 2006 elections; relegated to Assistant Democratic Leader after 2010 elections, but back to Majority Whip after 2018 election.

U.S. HOUSE OF REPRESENTATIVES, REPUBLICANS (minority party)

Republican (Minority) Leader- party leader
Kevin McCarthy, California, 94% conservative- state legislator for four years, minority leader the last 2 years in state legislature; Congressman since 2007, named Chief Deputy Whip in 2009, elected Whip after 2010 election, named Majority Leader in August 2014 after previous majority leader lost his primary to an even more conservative Republican; relegated to Republican Minority Leader after 2018 election.

Republican (Minority) Whip- counts the upcoming votes of party members
Steve Scalise, Louisiana, 99% conservative- state legislator for 12 years, congressman since 2008, became chairman of Republican Study Committee (a caucus of conservative GOP congressmen) in 2012. Became Majority Whip in August 2014, but relegated to Republican Minority Whip after 2018 election.

Each party also has conference/caucus chairs, vice chairs, and a complex whip organization.

In House, each party also has a campaign committee and a policy committee (Democrats combine their policy and steering committees).

Note: Ideology scores are based on roll call votes, rated by liberal ADA and conservative ACU in recent years.

Information about all of these party leaders in the House is available here.

U.S. SENATE--(both parties)

Vice President (President's party)--Constitutional Presiding Officer
In reality, presides only during very important issues, especially those important to President, or to break a tie vote
Kamala Harris, Democrat, former U.S. Senator from California and previously former state attorney general. She is a person of color whose parents are from India and Jamaica. She was rated by ACU 4% conservative when a Senator, and was rated an 80 by the liberal ADA group in 2019 (88% liberal therefore when averaging both groups' scores).

President Pro Tempore-- majority party Senator with longest service--ceremonial post--presides over Senate when he has nothing more important to do
Patrick Leahy, Democrat, Vermont, born in 1940, elected to U.S. Senate in 1974. , then to the Senate in 1980. He has a 100% ADA score and a 2% ACU score for a 99% liberal rating in 2020. He also chairs the Agriculture committee.

Democratic (Majority) Leader-- schedules floor debate with majority leader and committee chairs; is also party leader and institutional spokesman
Charles Schumer, Democrat, New York, 95% liberal; state legislator for 6 years, Congressman for 18 years. Senator since 1999; has chaired both campaign and policy committees, been vice chair of senate Democratic caucus for 10 years; elected minority leader in January 2017 after Harry Reid retired from Senate.

Democratic (Majority) Whip)--assists majority leader, counts upcoming votes
Richard Durbin, Democrat, Illinois, 98% liberal; U.S. house for 14 years, elected to senate in 1996; elected Whip in 2004.

Assistant Democratic Leader- new position, 3rd in importance on Democratic side.
Patty Murray, Democrat, Washington, 95% liberal; state senate for 4 years; U.S. senator since 1993; senate Democratic conference secretary for 10 years, chaired senate Budget committee in 2013-14; this new leadership position was established in January 2017 (avoiding a contest for Whip by splitting its title and responsibilities into two positions).

Minority Leader-- schedules floor debate working with minority leader and committee chairs; is also institutional spokesman; also, leader of majority party, backs President when same party, opposes President when opposite party
Mitch McConnell, Republican, Kentucky, 88% conservative; elected to senate in 1984; chaired the National Republican Senatorial Committee, a campaign committee, in 1998 and 2000; elected Majority Whip for 4 years, then elected Republican (Minority) Leader after 2006 election; became Majority Leader after GOP regained senate control in 2014 elections.

Minority Whip--assists majority leader, counts upcoming votes
John Thune, Republican, South Dakota, 90% conservative; served in U.S. House for 6 years, elected to U.S. Senate in 2004. He was selected as chairman of the Republican Conference in 2012, then chosen as Majority Whip in 2018.

Each Senate party also has conference/caucus chairs and secretary/vice chair, and a whip organization.

Each party also has a campaign committee and policy committee.

Information about all of these party leaders of the Senate is available here.

Note: Ideology scores are based on roll call votes, rated by liberal ADA and conservative ACU in recent years.

COMMITTEES

In the 2019 Congress, there were 19 standing committees (including relevant special committees) in the Senate. There were 20 committees in the House. Both chambers had Ethics committees with equal numbers of Democrats and Republicans. Each chamber also had additional joint or temporary committees.

Most important committees historically (prestigious):

House:

• 1) Appropriations
• 2) Ways and Means
• 3) Rules
• 4) Budget
  

• 1) Appropriations
• 2) Finance
• 3) Foreign Relations
• 4) Budget

Greater partisanship in House than Senate:
1) House committee ratios benefit majority party. Rules committee always has 2-1, majority-minority party ratio (In 2019, there were 9 Democrats and only 4 Republicans). In 2019, while majority Democrats held 54% of seats in the House, they held 60% of Ways and Means committee seats and 61% of Budget committee (57% of Appropriations committee seats). When Republicans controlled the House, they had 56-59% of other three prestige committees, despite having only 51.2% of house seats. In 2009 in House, majority Democrats were also excessively partisan, as they held 58.9% of seats in the entire chamber, and held 61.7% of Appropriations Committee seats, 63.4% of Ways and Means Committee, and 61.5% of Budget Committee seats, Such excessive partisanship does not occur in the Senate. In 2019, majority Republicans held 53% of Senate seats, and only 52% of Appropriations and Budget committee seats, while holding 54% of Finance seats and 55% of Foreign Relations. In 2009 in the Senate, as Democrats held 60% of Senate seats (including disputed Franken seat and 2 Independents caucusing with Democrats) in entire chamber, but held the same approximate percentage of committee seats on the four major committees. In the 2013 Congress, there was excessive partisanship in the House but not the Senate. Republicans held 54% of seats in the entire House, but held 69% of Rules Committee seats, 59% of Ways and Means seats, 57% of Appropriations seats, and 56% of Budget seats. Democrats held 53-55% of Senate seats (there were 53 Democratic Senators plus 2 Independents who caucused with them), and held 53-56% of seats on the top four senate committees.
2) House committees Ideologies. When Republicans gained control of the U.S. House in 1994, some of their chairs were slightly more ideologically extreme than other likely leaders, such as former Appropriations chair Livingston, who was picked as chair over more senior committee Republicans because of his fiscal conservatism. Some committees' membership in the 1990s era of a Republican congress were very ideologically polarized. For example, the House Judiciary Committee that voted to impeach President Clinton featured an all white male conservative Republican membership opposing a largely female-African American-Jewish-gay liberal Democratic membership. Today, the two parties are so ideologically consistent that nearly all Democrats are liberal and nearly all Republicans are conservative. A note on regionalism and party control of top committee chairmanships. In the 2019 Congress, in the Republican party the South held four of the top eight (most important committees) chair/ranking positions, while the South held none of the top eight positions in the Democratic Party. The Senate Republican chair of the Appropriations Committee was Shelby of Alabama; ranking Republicans in the House included Kay Granger of Texas for Appropriations, Brady of Texas for Ways and Means, and Womack of Arkansas for Budget. In the 2013 Congress, in the Republican party the South held four of the top eight (most important committees) chair/ranking positions, while the South held none of the top eight positions in the Democratic Party. The ranking Senate Republicans of three of these committees were: Appropriations, Shelby, Alabama; Foreign Relations, Corker, Tennessee; Sessions, Budget, Alabama.

Seniority System Definition-- Majority party member with the longest continuous service on that committee generally becomes chairman. Rewards experience with subject, reduces power of Institutional Leader.

Types of Committees: prestigious, powerful within the Congress; constituency oriented (helps one's district); those caring about making good public policy.

Mississippi's Congressmen's Committee Assignments (2019 listing; ideology scores based on recent ADA/ACU scores- ACU life scores, and up to five most recent ADA scores)

• Senator Roger Wicker (89% conservative, Republican) -- Armed Services; Commerce, Science, Transportation, chairman (constituency); Environment and Public Works (constituency). Also Co-Chairs Commission on Security and Cooperation in Europe.
• Sen. Cindy Hyde-Smith (just elected, Republican) -- Appropriations (prestigious and constituency); Agriculture, Nutrition, and Forestry (constituency); Energy and Natural Resources.
• Congressman Trent Kelly, (1^st district, - 96% conservative, Republican) -- On Armed Services; Agriculture (constituency service) committees.
• Cong. Bennie Thompson (2^nd dis- 90% liberal, Democrat, African-American) -- Homeland Security (chairman).
• Cong. Michael Guest (3^rd dis, just elected, Republican) -- Homeland Security; Foreign Affairs; Ethics.
• Cong. Steven Palazzo (4^th dis- 92% conservative, Republican) -- Appropriations (prestigious and constituency).

HOW A BILL BECOMES A LAW: multi-stage process

• 1. Bill introduced into a chamber, institutional leader refers it to appropriate committee
  
• 2. Subcommittee hearings and markup session
  
• 3. Committee final action--great majority of bills die in subcommittee and committee
  
• 4. Scheduled for floor debate and vote by House Rules Committee or Senate Majority Leader
  
• 5. Floor debate, amendments debated, final vote. Senate has filibuster or unlimited debate, which needs 60 votes to stop
  
• 6. Conference Committee--bills passing House and Senate in different form go to a joint House-Senate conference committee, which reports out a compromise form of the bill
  
• 7. Floor action on conference committee version of bill--no amendments permitted
  
• 8. Presidential action
  
• 9. Congressional Override Vote, if president vetoes the bill; or bill can be changed in conference committee to make it more to his liking, approved by Congress, sent back to President
  
• 10. Appropriations Process--a similar process follows this, whereby funding for the new law is provided

In-depth information about specific bills and where they are in this process is available at a Congressional website.

NORMS OF CONGRESS:

• 1) Be a Workhorse, not a Showhorse (read about Clinton's senate style)
  
• 2) Specialization on issues affecting one's committee or constituents
  
• 3) Interpersonal Courtesy is important (read Cruz's norm violation)
  
• 4) Reciprocity- help colleagues, defer to their strong opinions on self-interest measures (vote trade previous norm)
  
• 5) Institutional patriotism- love thy chamber, be suspicious of executive branch
  
• 6) Apprenticeship- learn the rules, but still be active
  
• 7) Re-election, constituency work- a newer norm

Importance of constituency service, 90% re-election rates. Perks:

• 1) $174,000 annual salary
  
• 2) Frank- free postage, mass mailing prohibited only 60-90 days (Senate/House) before any election (p. 134, Congress and Its Members book)
  
• 3) Staff of 13-71 persons-- casework done (Source: p. 132, Congress and Its Members book, 16th edition)
  
• 4) One or more district offices
  
• 5) About 33 paid trips to district each year- 4 day week in D.C.
  
• 6) Public Announcement of district projects, helps public image

Paradox of Americans loving their Congressman but hating the Congress. Congress members associate themselves with non-divisive constituency service, rather than with divisive public policy issues.

Ideological Differences: Party and Region- Republicans and Southerners are more conservative. Today, Republicans hold a majority of congressional seats in the South. Southern Republicans are about 96% conservative, while Southern Democrats (outside of Mississippi) are about 80% liberal. Study tables 15-1, 15-1a, and 15-2 in the concluding chapter of Shaffer's unpublished book.

PUBLIC POLICY ISSUES: CIVIL RIGHTS MOVEMENT

Reconstruction Era: 13th, 14th, and 15th constitutional amendments, plus a Civil Rights Act; outlaws slavery, guarantees equal protection of laws, due process, technically ensures right to vote.

Reconstruction Ends, white violence reduces black voting rights in South.

Populist era of 1890s: Plessy vs. Ferguson upholds racial segregation; white Southern leaders "legally" disenfranchise African-Americans.

Voting Devices: grandfather clause; literacy and constitutional interpretation tests; poll tax; white primary; increased residency requirements.

Brown v. Board of Education, 1954, outlaws racial segregation, but "all deliberate speed" is a gradual process of desegregation.

Voting Rights Acts of 1950s are ineffective, but Attorney General Bobby Kennedy nevertheless tries to enforce them in early 1960s.

A case study of the history of racial discrimination in the southern state of Mississippi is provided in an unpublished book chapter authored by Dr. Steve Shaffer that is on-line. Read those portions of this chapter that relate to the history of racial discrimination, particularly the chapter section entitled: "An Historic Leader of the Segregationist Solid Democratic South."

1964 Civil Rights Act outlaws racial discrimination in public accommodations and employment

1965 Voting Rights Act: outlaws discriminatory voting devices, such as literacy tests and constitutional interpretation clauses; Section 5 required southern states to obtain permission from federal government before changing any voting procedures (declared unconstitutional by U.S. Supreme Court in 2013). Poll taxes were outlawed by the 24th amendment ratified the year before.

1968 Open Housing Act, outlawing discrimination in the sale or rental of housing.

The EEOC (Equal Employment Opportunity Commission) enforces some of these federal laws. Browse their website.

Affirmative Action is contemporary, complex issue.

The New Mississippi: two African-Americans formerly chaired the state Democratic Party, one served as Speaker Pro Tempore of state House of Representatives. Some chaired important committees in state legislature (when Democrats controlled state legislature). Racist killers of civil rights workers of the 1960s are brought to justice. Beckwith convicted of killing Medgar Evers.

WEEK 12:
The Federal Judiciary and Supreme Court

THE JUDICIAL PROCESS: THE FEDERAL JUDICIARY

Constitution specifies judicial power is vested in one Supreme Court, with justices serving life terms unless impeached.

Congress sets number of Supreme Court judges, and can establish inferior federal courts.

Jurisdiction. Judicial power extends to all cases arising under the U.S. constitution, federal laws, treaties, cases affecting ambassadors, public ministers, those in which the U.S. or a state is a party of the dispute, and diversity jurisdiction.

Original jurisdiction of Supreme Court limited to cases involving public ministers, ambassadors, and where a state is a party of the dispute.

Appellate jurisdiction. In all other cases, Supreme Court has appellate jurisdiction, "with such exceptions as Congress may make."

Historically, 9 Supreme Court judges. FDR effort to "pack" the court with his supporters by appointing one new judge for every sitting judge over 70 years of age (up to 6 additional judges) rejected by Congress. Congress has created federal district courts, and courts of appeals.

Currently, 94 district courts (Ms. has two) and 13 Circuit Courts of Appeals (Ms. is in 5^th). Each state has 1-4 district courts, each district with 1-27 judges. Each appeals court has 4-26 judges. All have life terms.

Browse the websites for the northern federal district court of Mississippi.

Mississippi is in the 5th Circuit Court of Appeals. Browse their website.

Certiorari- less than 10% of cases are heard by Supreme Court on appeal, requires 4 judges voting to grant certiorari.

Most federal cases are heard by one judge at District court level, losing party can appeal to 3-judge panel at Appeals level, which typically is final arbiter. Ayers case example.

Browse the federal judiciary website.

Appointments. President nominates federal judges, U.S. Senate confirms them by a majority vote.
Senatorial Courtesy--federal district judges. Senators from the state can try to block confirmation in Senate, especially if from President's party.

Ideological Effects. Presidents nominate judges from their party over 90% of the time. Democratic-nominated judges tend to be more liberal than Republicans, while Republicans tend to be more conservative. But neutrality dictated by constitution and previous court decisions often overrides personal ideology.

An interesting commentary on senatorial courtesy, ideology, and judicial independence (given life terms). President Obama in 2010 nominated an African American, Carlton Reeves, to a federal district judgeship for the Southern District of Mississippi. Republican Senators Cochran and Wicker spoke on his behalf at a Senate Judiciary Committee, and the committee and the Senate confirmed him unanimously. In November 2014, Judge Reeves issued an order overturning the state of Mississippi's ban on same-sex marriage. Read an interesting story about Judge Reeves.

JOHN MARSHALL SUPREME COURT

Federalists controlled court in early 1800s, increased federal power and role of U.S. Supreme Court.

• 1) Marbury v. Madison (1801) established judicial review of federal laws. Court ruled that federal law giving it the power to issue a writ of mandamus was unconstitutional, since it exceeded constitutional original jurisdiction clause. Hence, JP judge Marbury lost case.
• 2) Fletcher v. Peck established judicial review for state laws, and upheld sanctity of contract and property rights. Article 1, section 10 of federal constitution specifies that no state may pass a law abridging the right of contracts. Hence, Georgia legislature couldn't repeal a grant of land to Yazoo land company despite corruption.
• 3) McCulloch v. Maryland used a loose construction of the constitution and the necessary and proper clause to uphold the federal bank. Power to tax involves power to destroy, so states could not tax federal bank. Upholds federal constitution over state action.
• 4) Gibbons v. Ogden (1824). Federal interstate commerce clause broadly interpreted included interstate transportation, hence states could not grant a monopoly to a steamboat company that operated on an interstate waterway. Upholds federal constitution over state action.

Three decisions uphold federal supremacy over the states, and one establishes U.S. Supreme Court supremacy over Congress to interpret the federal constitution.

In-depth information about the Marshall court decisions is available here.

CONSERVATIVE ACTIVISM

• 1) Dred Scott decision- Southern Democratic dominated Supreme Court held that slaves were not U.S. citizens, they were property, and could not sue in federal court. Further, the federal constitution under the 5th amendment due process of law clause protected people's property, hence Congress could not outlaw slavery in western territory. Hence, Missouri compromise was unconstitutional. Read about the Dred Scott decision at the History Place website.
• 2) Late 1800s, Republican-dominated Supreme Court held that companies were "persons," and that 14^thamendment due process clause (state taking of life, liberty, or property) protected companies. Hence, states could not outlaw various business practices and abuses, such as excessive railroad rates, or regulate business practices such as by establishing minimum wages. Further, such issues were not "federal" concerns, hence Congress could not regulate these issues, either.
• 3) New Deal era Supreme Court dominated by conservative Republican judges declared FDR laws AAA and NRA unconstitutional, as it narrowly interpreted federal power over interstate commerce. FDR feared NLRA and Social Security Act would also be struck down.

Today, Court tends to defer to Congress on economic regulation laws.

MORE RECENT COURTS

Earl Warren Court was a liberal activist court, as noted later in these notes.

Many conservatives were angered over the Warren Court decisions. Republican Congressional opposition torpedoed Abe Fortas' Chief Justice nomination in 1968, and President Nixon pledged a law and order court.

The Warren Burger court (whose Chief Justice Burger was nominated by President Nixon) was more conservative on law and order controversies, but it was more liberal on the two issues of abortion and capital punishment.

The William Rehnquist Court, whose Chief Justice Rehnquist was nominated by President Reagan, was a more conservative court, but it was also a divided one.

BILL OF RIGHTS REVIEW

Review critical constitutional amendments that convey rights to individuals. Review the following amendments:
1st
4th
5th
6th
8th
14th
Click here to go to the Bill of Rights and other constitutional amendments.

EARL WARREN COURT

The Warren court was a liberal activist court.

Key Warren Court decisions on non-crime issues:

• 1) Brown vs. Board of Education- This 1954 decision held separate but equal public schools violated the 14^thamendment equal protection clause of constitution. Self-esteem hurt. Desegregation with "all deliberate speed."
• 2) Reapportionment ordered. Equal protection clause requires "one man, one vote" and population equality of districts. Applies to U.S. House, both chambers of state legislature, other government bodies.
• 3) Teacher, principal, or school district ordered school prayer in public schools outlawed. The 1^stamendment establishment clause was used.

Key Warren Court decisions on Rights of the Accused issues of early-mid 1960s:

• 1) Mapp v. Ohio enforced 4^th amendment search and seizure clause on states thru exclusionary rule. Mapp's house searched for pornography without warrant.
• 2) Gideon v. Wainwright provided right to counsel at trial for serious criminal offenses, enforced on states. Later extended to any conviction for which imprisonment could result. 6^th amendment case. Reverses Betts v. Brady doctrine, which required states provide public defenders only in special circumstances, such as capital cases or illiterate defendant. Retroactiveness has major impact on states.
• 3) Escobedo v. Illinois involving murder confession and denial of counsel held that 6^th amendment right of counsel must be afforded to suspect very early (stationhouse), when officers' attention shifted from mere investigation to accusation.
• 4) Miranda v. Arizona involving rape confession of suspect who didn't ask for counsel held that police must read suspect their rights. Right to remain silent, right to attorney being present, if poor the court will appoint one, right to discontinue interrogation at any time.

Many conservatives were angered over these decisions. Republican Congressional opposition torpedoed Abe Fortas' Chief Justice nomination in 1968, and President Nixon pledged a law and order court.

WARREN BURGER COURT (Nixon appointee)

While Burger court was more conservative on law and order controversies, it was more liberal on two issues:

1) Abortion. Roe v. Wade decision in 1973 outlawed state laws prohibiting abortions. 14^th amendment due process clause guarantees right of a woman's personal liberty and privacy. Establishes trimester system. In first trimester, decision up to woman and doctor. In second trimester, state may regulate abortion in ways reasonably related to maternal health. In third trimester, state may forbid all abortions except those necessary to save the mother's life.

2) Capital Punishment. In 1972 Furman v. Georgia case the Court nullified all state death penalty statutes, arguing that they left so much discretion up to judge and jury that the result was arbitrary, irrational, and deprived defendants of due process of law.

Some states enacted mandatory death penalty laws. Court struck them down, holding that the "individual character of the defendant and the circumstances of the particular crime must be considered." Two-stage process, guilt established, then punishment phase.

Court in 1977 case held that the death sentence for crime of rape was excessive and disproportionate, forbidden by 8^th amendment ban on cruel and unusual punishment.

THE EARLY REHNQUIST COURT, 1987-1991. This was a relatively more conservative court, usually dividing by 5 conservative versus 4 liberal votes. Reagan's three conservative appointees of Scalia, O'Connor, and Kennedy had tipped the scales to conservatives. Examples of conservative decisions by policy areas:

• Crime- The death penalty for murder is permissible (under 8th amendment) for minors, the mentally retarded, and for major participants and not just the trigger person. Death penalty is okay even in face of statistical disparities in application (against blacks). Victim impact statements are permissible in sentencing phase.
• Abortion- States can prohibit public facilities and state employees from conducting abortions and counseling about them. States can require one parent notification of a minor's abortion, as long as judicial bypass included. Congress can issue gag order prohibiting abortion counseling in family planning centers accepting federal funds.

THE LATER REHNQUIST COURT, 1992-2005. This was a relatively more liberal court, usually dividing by 4 liberal versus 3 conservative (and 2 moderate) votes. Clinton's two liberal appointees of Ginsberg and Breyer had tipped the scales to liberals. Examples of liberal decisions by policy areas:

• Crime- Congress can't eliminate Miranda warnings of suspects. Minors and mentally retarded can't be executed, as 8th amendment has evolving standards of decency.
• Abortion- Roe upheld, and states can't require that husbands be notified of wife's planned abortion. State partial birth abortion law unconstitutional, as undue burden.
• Religion- 1st amendment establishment clause bans school invited clergy praying at public school graduation ceremony, student-led prayer before football game (as it involves a school policy, event, and property), and a 10 Commandments display on a courthouse wall.
• Civil liberties- State law banning gay sex violates 14th amendment liberty due process clause. Medical school can use race as one factor in admissions as it promotes diversity in school body. Person can sue for money damages in federal court under federal Family Medical Leave Act and 14th amendment clause authorizing Congress' implementation.

SOME SPECIFICS ON REHNQUIST COURT DECISIONS

Read about former Chief Justice William Rehnquist.

Abortion cases.

1) Webster vs. Missouri, 1989. A state law prohibited any public facility such as public hospital from performing any abortion not necessary to save the mother's life. It also prohibited state funds for doctors encouraging abortions. Court upheld constitutionality of this law, as state are not required to subsidize or assist abortions.

2) Minor Abortions, 1990. States can require that underage females get the permission of one or both parents before obtaining abortions, as long as state provides a judicial bypass. Minor must prove to judge that she is mature enough and/or not notifying parent is in her best interests.

Mississippi requires notification of both parents, provides a judicial bypass, and also requires a 24-hour waiting period.

Death Penalty cases:

• 1) Major participants, 1987. 5-4 decision permitted execution of two sons who helped convict escape. Convict killed Arizona family, but sons were "major participants" in the murder even though they urged him not to kill.
• 2) Racial disparities, 1987. Georgia case involved black armed robber who killed white cop. In Georgia, 11% of murderers of whites received death, only 1% of murderers of blacks. Court upheld death sentence since "apparent discrepancies (racially correlated) are an inevitable part of our criminal justice system."
• 3) Mentally retarded, 2002 (Atkins v. Virginia) case. Death penalty banned for mentally retarded, due to emerged national consensus against executing retarded. This 6-3 decision reversed a 5-4 vote in a 1989 case that permitted a state death penalty for the mentally retarded, as long as the state court permitted evidence of retardation to be considered as possible mitigating evidence that might diminish culpability.
• 4) Minors case, 2005. A 5-4 decision outlawed the death penalty for minors, applying an evolving standard of decency test. It reversed a 5-4 decision in 1989 that had permitted the execution of minors, arguing that the 8^th amendment required that punishment be cruel and unusual, and that executing minors was not usual, since 126 people under 17 had been executed in American history.

Browse a website dedicated to the death penalty and to those who have been executed by the state.

THE EARLY ROBERTS COURT, 2006-2010. This was a relatively more conservative court, usually dividing by 5 conservative versus 4 liberal votes. Bush's two conservative appointees of Roberts and Alito had tipped the scales to conservatives. Examples of conservative decisions by policy areas:

• Crime- Lethal injection is permissible under 8th amendment cruel and unusual punishment prohibition.
• Abortion- Congressional partial birth abortion ban constitutional, as intact D&E procedure is never medically necessary.
• Civil liberties- School Integration: race cannot be sole reason for student school assignment, as lacks narrowly tailored remedy and compelling government purpose. Reverse Discrimination: New Haven city throwing out test results that benefited only white and Hispanic firefighters violated federal law prohibiting race discrimination. Gun Owners Rights: D.C. gun ban is unconstitutional under 2nd amendment right to bear arms. Equal Pay Cutback: limited women's ability to recover damages to only 6 months after violation.

THE INTERMEDIATE ROBERTS COURT, 2011-2016. The current court is ideologically mixed. President Obama nominated two liberals, Kagan and Sotomayor, to replace two retiring moderates.

• Crime- 3 decisions were pro-defendants or convicts, one was anti-convicts. Prison overcrowding violates cruel and unusual punishment clause; mentally retarded cannot be executed (a state set too high a standard for proving retardation), follows up a 2002 court case; states cannot have mandatory life without parole sentences for minors. However, lethal injection method of execution was once again upheld.
• Federal vs. state power (non-crime issues) were mixed but leaning in a liberal (federal) direction. Obamacare was upheld under federal taxing power, and provision of federal subsidies to low income in states lacking state-based exchangres was upheld under overall intent of the law; parts of a state immigration enforcement law were struck down under federal constitutional immigration authority; federal defense of marriage law barring federal benefits to same-sex couples was struck down as states have right to define what marriage is; federal open housing law interpreted as requiring tougher disparate impact standard and not just intent, regarding private developers and state and local governments; on the other hand, parts of a federal law requiring southern states to preclear changes in election laws with federal government was struck down as violation of 10th amendment states' rights. Two key cases in 2016 were split on federal v. state power, though both were in a liberal direction; states can use race as one factor in university admissions, but states cannot place undue restrictions on abortion clinics.
• First Amendment rights regarding religion and free speech were upheld in a conservative direction by 3 cases, a liberal direction in one case. Corporations run by religious families cannot be required by Obamacare to provide their workers contraceptive coverage; town boards can start their meetings with prayers despite some residents being offended; individuals have a 1st amendment right to contribute the individual limit to as many federal candidates as they wish. However, the right of same sex couples to marry in every state was established.

Review the brief bios of current Supreme Court Chief Justice John Roberts and the other 8 judges.

Information on specifics of Supreme Court cases, their reasoning, and who decided them, over the last fifty years can be printed out here.

RECENT, INCREASING PARTISANSHIP OF THE COURT: study of the court cases above over 13 years of the Roberts Court, from 2006-2018, for those justices on the court in 2018. I classified all 41 cases (for those judges on the court during the entire time period) as either a liberal or conservative outcome (based on conventional wisdom) Other judges had a fewer number of cases, as Sotomayor started in 2010, Kagan started in 2011, and Gorsuch started on the court in 2017 (Gorsuch voted on only 9 cases). All cases are classified as liberal or conservative outcomes, cases not voted on by a judge are excluded for that judge, so all scores are on a 100 point scale. Roberts, for example, is reported as 90% conservative, which also means that he was 10% liberal. Ideology of judges follows:

• Judges nominated by REPUBLICAN Presidents:
• Roberts (Bush 2)- 90% conservative
• Thomas (Bush 1)- 100% conservative
• Gorsuch (Trump)- 100% conservative
• Alito (Bush 2)- 100% conservative

• Judges nominated by DEMOCRATIC Presidents:
• Ginsberg (Clinton)- 100% liberal
• Sotomayor (Obama)- 100% liberal
• Kagan (Obama)- 92% liberal
• Breyer (Clinton)- 93% liberal

• The one swing judge, whose retirement was announced in Summer 2018:
• Kennedy (Reagan)- 63% conservative, or 37% liberal (on the 41 cases selected by me during the Roberts court, he voted conservative on 26 and liberal on 15).

• Previous courts did have more ideological-partisan unpredictability, as shown by judges who retired during the Roberts court:
• Souter (Bush 1), during his 4 years on the Roberts court voted liberal 100% of the time (9 cases analyzed), opposite of his party's president.
• Stevens (Ford), during his 5 years on the Roberts court voted liberal 86% of the time, again opposite of his party's president (14 cases).
• On the other hand, Scalia (Reagan), was conservative 100% of the time (29 cases).

This increased ideological and partisan polarization of the court is a major reason why the Senate confirmation hearing over Trump's nomination of Brett Kavanaugh was so bitter and partisan. Democrats feared that Kavanaugh would be very conservative, replacing a more moderate judge (Kennedy). In his first year, though, Kavanaugh seemed to be more like Roberts.

WEEKS 13-14: CONGRESSIONAL ROLE PLAYING SIMULATION

WEEK 15:
The Federal Bureaucracy

STRUCTURE OF THE EXECUTIVE BRANCH

2) Executive Office of President- National Security Council, OMB (Office of Management and Budget), White House Office (includes press secretary, white house counsel, legislative liaison, domestic advisor, domestic groups liaison).

3) Independent Agencies- CIA, NASA, USIA, NSF

4) Independent Regulatory Agencies-- a) Industry Competition-ICC, FTC; b) Financial Affairs-Federal Reserve Board, FDIC, SEC; c) NLRB under FDR; d) EEOC under Johnson; e) Industry Practices-FDA in 1931; OSHA, EPA, CPSC under Nixon; f) Others-FCC, FEC.

5) Government Corporations- postal service, TVA

A complete website listing all of these types of federal agencies is available here. Browse through it to gain some insight into the massive size, complexity, and organization of the federal government.

WEEK 16:
Public Opinion, the Media, and Interest Groups

PUBLIC OPINION: LINKAGE MECHANISM

Socialization--the process whereby people acquire their political values and attitudes. Agents of socialization--family, schools, peers, coworkers, spouse, new socioeconomic status, major events

Opinion polls are used to measure public opinion. Polls must have a random sample of people, who are representative of the population, in order to be scientific and accurate. Question wording greatly affects the results.

Mississippi Poll conducted by MSU. Discuss technique. Learn about the Mississippi Poll by visiting my website.

Americans, including Mississippians, are basically centrist or moderate in political opinions. They avoid the extremes of left and right.

Domestic Economic issues. Americans are programmatically liberal, as they back more spending on popular programs, such as education, health care, public works programs, social security. They oppose programs helping few people, such as welfare.

Mississippians have similar views to other Americans on domestic spending. Hence, the legislature until recently was a majority Democratic in partisanship. Review the latest results of the Mississippi Poll.

Social Issues. Americans are more conservative here, being tough-on-crime measures such as the death penalty. Also, historically opposed to legalizeddrugs, for school prayer, a religious nation. Yet Americans are moderate on abortion, sex education, pornography, and Americans have become increasingly supportive of gay rights.

Race Relations. Americans are philosophically liberal but programmatically conservative. They oppose racial segregation in schools, housing, and other areas of life; but also oppose specific methods of remedying de facto segregation, such as busing, preferential treatment for minorities, and racial quotas.

Foreign Affairs. Americans are internationalist, but often oppose foreign economic aid. Attitudes toward defense spending depend on perception of foreign threats, perception of America's strength, major events occurring.

Foreign Affairs issues are enormously complicated for average citizens. Thus, they often tend to follow the President's lead, and support his policies. However, prolonged wars with rising casualties hurt a President's popularity.

MASS MEDIA

Types of media: print versus electronic. Print includes newspapers and magazines. George Washington disliked partisan Republican newspapers, while Truman was attacked by Republican newspapers. Electronic media include radio and television. Radio was used effectively by FDR. Television helps telegenic candidates, such as Presidents Kennedy and Reagan.

Presidential televised debates.

• 1960- Nixon lost to Kennedy because of his unappealing personal appearance in the first debate.
• 1976- Ford blundered when claiming that Eastern Europe wasn't under Soviet domination, lost debate to Carter.
• 1980- Reagan chuckled about Carter's efforts to brand him as a conservative extremist, and said "there you go again," and won the debate.
• 1984- Reagan misspoke and looked old in first debate, joked about his opponent not being too young for the job when asked about age issue in second debate, won it.
• 1988- Dukakis opposed death penalty even if wife was raped and murdered, lost debate.
• 1992- Clinton understood average citizens' economic recession problems at town meeting debate, while Bush looked uncomfortable and kept looking at his watch, so Clinton won debate.
• 1996- debates had no effect. Amusing campaign event of "old" Bob Dole falling off of podium at campaign gathering.
• 2000- Gore appeared arrogant by sighing when Bush was speaking, lost debate to Bush
• 2004- Bush kept emphasizing the dangers of terrorism, stressing that he would protect Americans and not be vetoed by world opinion.
• 2008- A confident, articulate, visionary Obama defeats a befuddled, aging McCain.
• 2012- Obama lost the first debate, as he just kept looking down while Romney attacked his failed economic policies. Obama did better in next two debates, and Romney even kept agreeing with Obama's foreign policy. Key media event was a waiter videotaping Romney's remark to private donors that accused 47% of Americans of being freeloaders.
• 2016- Trump won the Republican nomination presidential debates by hanging negative labels on his opponents, such as "low energy" Jeb Bush, "lying" Ted Cruz, "little Marco" Rubio. He won the general election by hanging the negative label of "Crooked Hillary" on Clinton. Despite lacking political knowledge and facts in the debates with Clinton, Trump was aggressive in inviting Bill Clinton's accusers to the debate to counter his open mike comment about groping women, and in responding to the charge that his temperament should keep him from being President by responding to Clinton that if he were President, "You'd be in jail!"

Filter model of influence. Media does not directly affect people's views, all in the same direction. People's reactions to media messages are influenced by their individual attitudes, personality, their group's opinions, and characteristics of the media.

Liberal Axis. The New York City-Washington D.C. corridor, includes N.Y. Times, Washington Post, Washington press corps. Some conservatives used to blast the major state newspaper, the Clarion-Ledger as a liberal newspaper, that worships racial "diversity" and endorses more liberal candidates, though the newspaper has recently endorsed many Republican presidential candidates and some GOP statewide officers.

Conservative Newspapers. Newspapers outside of the liberal axis tend to be conservative, usually endorse Republican presidential candidates. However, in recent years, more newspapers have become neutral, refusing to endorse presidential candidates, partly because they have become monopolies in their cities and therefore reflect a broader community.

Adversary Role of media. Nixon especially hated media; V.P. Agnew attacked it. Trump blasts media criticism of him, especially from CNN, as the "fake news."

Anti-Institutional Bias of Media may make public politically cynical, reduce public political efficacy.

Historically new media include talk radio, cable television, and the internet. The national newspaper, USA Today used to be an ideologically neutral newspaper, but today highlights more liberal issues. CNN News used to be a more ideologically neutral news organization, but it was sometimes liberal in international affairs, and today tends to highlight liberal issues. Fox News is a more conservative cable news network, but some of its reporters are more neutral. MSNBC is a more liberal cable news network.

An excellent source for world news and U.S. news from a non-American viewpoint is AlJazeera. Moscow Times provides a non-governmental Russian view of the world. China's People's Daily provides a Chinese (particularly governmental) view of world affairs. Other on-line English language newspapers from other countries show what issues are important to the people of other countries.

INTEREST GROUPS

What is an interest group or pressure group? People united in views on a subject, who band together to seek to influence public policy.

Pressure Group Tactics. Access to policymakers must be maintained, so don't alienate them. Committee testimony often done. Invite congress members to parties or group meetings. PAC campaign donations. Grassroots lobbying involves the group urging its individual members to contact public officials.

PACs-Political Action Committees. 1974 Federal Election Campaign Act limited individual contributions to federal candidates, outlawed business and labor contributions, but permitted them to form voluntary PACs. Great rise of PACs since then. PACs tend to support incumbents. Browse the website of the FEC--Federal Election Commission-- which administers this law.

Iron Triangle of influence. 1) Interest group lobbyists. 2) Relevant Congressional committees. 3) Relevant executive agency. Examples--defense, agriculture, education.

Two Step Flow of Influence. Lobbyists do not try to influence all Congressmembers, but focus on members on relevant committee. Committee members then influence the remainder of Congress.
Three Step Flow of Influence has arisen since 1960s. Lobbyists directly contact congressional staff members, who do real work of writing bills. Those staff members thus influence congressmen on the relevant committee. Those committee members then influence all congressmen on floor actions.

Types of Interest Groups: National and Mississippi
Be sure to browse each group's website.

Ideological-- ADA is liberal, ACU is conservative. Christian Right is conservative, and a major group is the Christian Coalition, founded by Pat Robertson. People for the American Way is liberal. Mississippi has Christian Action Commission of state Baptist convention.

Business. NAM (National Association of Manufacturers) and U.S. Chamber of Commerce are national. Mississippi has Mississippi Manufacturers Association and MEC (Miss. Economic Council). Agriculture-Ms. Farm Bureau Federation.

Labor Unions. AFL-CIO. Its PAC is COPE. NEA-National Education Association. State affiliate is MAE-Mississippi Association of Educators. State Trial Lawyers' Association. Government Workers-SEAM- State Employees Association of Mississippi.

Single Interest Groups. AMA-American Medical Association. NAACP. ACLU-American Civil Liberties Union, review the Mississippi affiliate's website. Right to Life. Feminists, such as NOW, National Organization of Women. Mississippi Association of Supervisors, other government bodies such as alumni associations of universities. Common Cause is a reform group. State Federation of Business and Professional Women. The NRA, National Rifle Association, is a pro-gun rights group. The AARP aggressively supports the elderly.