AMERICAN GOVERNMENT NOTES (Spring 1999)

JANUARY 12, 1999

INTRODUCTION TO THE COURSE

IDEOLOGY

CONSERVATISM:

1) Individualism, self-reliance

2) Private sources: family, religion

3) Free enterprise, capitalism

4) Limited government

5) Tradition, little change

6) Anti-crime, punitive measures

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

LIBERALISM:

1) Recognize history of human failings, regulate them with federal government

2) Economic security provided by government

3) Equal opportunity, maybe results, gov't ensured

4) Civil liberties support, deemphasize tradition

5) Crime- stress prevention, rehabilitation

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

PARTIES AND CANDIDATES IDEOLOGIES; SOUTHERN DEMOCRATS UNIQUENESS. Nationally, Democrats tend to be more liberal, while Republicans are more conservative. Southern Democrats differ from the rest of their party, as they tend to be less liberal than other Democrats.

JANUARY 14-21:

3 functions of government: legislative, executive, judicial.

British government model

Early American colonies government form

Declaration of Independence: Locke concepts; natural rights, life, liberty, property, happiness; limited government; consent of governed; right of revolt.

Articles of Confederation Weaknesses: unicameral legislature, state equality; no independent executive; no national court system; can make appropriations, but only ask states for taxes; can declare war, but only ask states for troops; can't regulate trade between states or with other nations; amendments require unanimity.

Shays Rebellion.

Constitutional Convention, 1787, Philadelphia, only amend Articles at first; elite delegates.

COMPROMISES:

1) Great Compromise- large and small states, bicameral Congress; House apportioned based on population, Senate based on state equality (2 Senators from each state)

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

Federalism: federal and state powers; rising national power.

CHECKS AND BALANCES system:

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; Nixon resigned before impeachment.

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

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 are 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

SELECTION METHODS: MODERN CONSTITUTIONAL PRACTICE. Changes through constitutional amendments and practice.

1. Each state is divided into House districts; Mississippi has 5

2. U.S. Senators are popularly elected, 17th amendment

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

Requirements for Office Holding:

REQUIREMENT/HOUSE/ SENATE/ PRESIDENT

AGE/ 25 / 30 / 35

RESIDENCY / State Inhabitant/State Inhabitant/ 14 Yrs

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.

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).

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."

JANUARY 26-FEBRUARY 2

POLITICAL PARTY HISTORY

NO PARTY ERA: 1788-1792: Washington is above partisan politics, cabinet of both factions; Founding Fathers suspicious of parties, see them as divisive factions.

DEMOCRATIC-REPUBLICANS VERSUS FEDERALISTS: 1792-1828. Party Differences:

1) Federalists for strong central government; Republicans prefer states rights

2) Federalists prefer business; 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) Democratic-Republicans are majority 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.

DEMOCRATS VERSUS WHIGS: 1828-1860, Party Differences:

1) Democrats are pro-agriculture, Whigs are pro-business

2) Democrats are pro-Catholic and 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

JACKSONIAN DEMOCRATIC ERA- 1828-1860- 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

REPUBLICANS VERSUS DEMOCRATS, 1860-1896

1. No party is majority party; Republicans win most presidential elections, but Democrats control Congress with 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 regulation of railroads and merchants

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

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, conservation

6) Progressive federal income tax amendment

NEW DEAL ERA- 1932-1938

1) Relief- public works, PWA, WPA, Civilian Conservation Corps, AFDC welfare

2) Recovery- NRA, National Recovery Admin, limiting competition to preserve existing businesses, crop supports

3) Reform- Social Security, labor unions (Wagner Act), minimum wage and maximum hours

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

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

1968-PRESENT: DEALIGNMENT

1. Neither party is the majority party; many voters are Independents, vote for candidate rather than party

2. Republicans generally control presidency, and Democrats generally control Congress, but even that varies

REALIGNING EVENTS:

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

FEBRUARY 4, 1998 FIRST MULTIPLE-CHOICE EXAMINATION (50 QUESTIONS)

FEBRUARY 9-16

PRESIDENTIAL NOMINATION POLITICS

The Non-Presidential Nomination: starting under 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.

The Presidential Nomination: it is the one office where we still have nominating conventions to select the partyies' 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 January 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. Two important phases of the process, historically:

1) The early states-- Iowa precinct caucuses in early-February, and the New Hampshire primary in mid-February. Candidates, especially unknowns, would try to do well in these states, in order to start a bandwagon.

2) The Southern states-- These states in March could seal a victory for a front-runner, or help a struggling leader get back into first place.

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.

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 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.

9) Front Loading-- most delegates are now selected by the end of March, as states seek to increase their power by holding early contests. In 1996, after Iowa and New Hampshire in February came the New England primaries the first week of March, the Southern primaries the second week, Midwestern primaries the third week, and California and two western primaries the last week. This process benefits well-known frontrunners, like Dole.

Who wins the presidential party nomination:

1) Incumbent Presidents- Usually Presidents are easily renominated, such as Clinton in 1996 and Reagan in 1984. But even when facing economic and international problems such as Carter in 1980, or a strong challenger such as Ford in 1976, they still get renominated. So did Hoover during the Great Depression in 1932.

2) 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.

3) 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.

4) The South is increasingly 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.

5) 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. Bush lost New Hampshire after his Iowa victory in 1980, because he refused to debate, and after that it was all downhill.

PRESIDENTIAL ELECTIONS

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)

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)

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)

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% -

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.

FEBRUARY 18-MARCH 2

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 2) Impoundments 3) Broad war-making powers.

Congressional Reassertion of Power: 1974-1980, due to Watergate. 1) 1973 War Powers Act, 60 day troop commitment maximum. 2) 1974 Budget and Impoundment Control Act, Congressional Budget established, impoundments outlawed.

Today, balance or tension between two branches.

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 designate the committee chairs. Members (especially freshmen) make their committee requests, and assignments 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--1999

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

Speaker of the House--presides over debate, party leader, institutional spokesman
Dennis Hastert, Illinois, 100% conservative, former Chief Deputy Whip
Former Speaker-to-be was Robert Livingston, Louisiana, 98% conservative, Gingrich appropriations ally, resigned after adultery affair became public
Former Speaker was Newt Gingrich, outspoken conservative, Contract with America, resigned after losing an election

Majority Leader--official party leader, works with Speaker
Dick Armey, Texas, 100% conservative, opposes minimum wage, blasts professors

Majority Whip--counts the upcoming votes of party members
Tom DeLay, Texas, 100% conservative

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

Minority Leader--leader of opposition party, backs President if same party
Richard Gephardt, Missouri, 90% liberal, trade protectionist

Minority Whip--counts the upcoming votes of party members
David Bonior, Michigan, 95% liberal

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.

Note: Ideology scores are based on roll call votes, rated by liberal ADA and conservative ACU in 1996.

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
Albert Gore, Democrat, Tennessee, as former Senator he was liberal 77% of the time

President Pro Tempore--majority party Senator with longest service--ceremonial post--presides over Senate when has nothing more important to do
Strom Thurmond, Republican, South Carolina, born in 1902, elected to Senate in 1956 as Democrat, switched to Republicans in 1964, conference let him keep his seniority
Former President Pro Tempore was Mississippi Senator John Stennis, Democrat, born in 1901, elected to Senate in 1947, 62% conservative

Majority Leader--schedules floor debate with minority leader and committee chairs, party leader, institutional spokesman
Trent Lott, Republican, Mississippi, 98% conservative, former House Minority Whip

Majority Whip--assists majority leader, counts upcoming votes
Don Nickles, Republican, Oklahoma, 100% conservative

Minority Leader--leader of minority party, backs President when same party
Tom Daschle, Democrat, South Dakota, 95% liberal

Minority Whip--assists minority leader, counts upcoming votes
Wendell Ford, Democrat, Kentucky, compromises, courteous

Each Senate party also has conference chairs and secretary, and a whip organization.

Each party also has a campaign committee and policy committee.

Note: Ideology scores are based on roll call votes, rated by liberal ADA and conservative ACU in 1996.

COMMITTEES

There are 17 standing committees in the Senate, plus three Select or Special Committees. There are 19 committees in the House plus one Select committee.

Most important committees (prestigious):
House: 1) Appropriations 2) Ways and Means 3) Rules 4) Budget
Senate: 1) Appropriations 2) Finance 3) Foreign Relations 4) Budget 5) Armed Services (Republicans)

Greater partisanship in House than Senate:
1) House committee ratios benefit majority party; Rules committee always has 2-1, majority-minority party ratio. Under Reps, Reps have 56-59% of other three prestige committees, despite having only 52.4% of house seats.
2) House comm. Chairs are slightly more ideologically extreme, such as former Appropriations chair Livingston, who was picked as chair over more senior committee Republicans because of his fiscal conservatism. Some committees' membership are more ideologically polarized. House Judiciary Committee features an all white male conservative Republican membership opposing a largely female-African American-Jewish-gay liberal Democratic membership.

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

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

Mississippi's Congressmen's Committee Assignments (partial listing)

Senator Trent Lott (98% conservative, Republican) -- Finance (prestigious); Commerce (constituency)

Sen. Thad Cochran (95% conservative, Republican) -- Appropriations (prestigious and constituency, 2nd in seniority after Stevens of Alaska); Agriculture (con).

Congressman Roger Wicker (1^st district, - 95% conservative, Republican) --Appropriations (prestigious-constituency). Wicker was chair of House Republican Freshman class in 1995

Cong. Bennie Thompson (2^nd dis- 93% liberal, Democrat, African-American) -- Budget (prestigious); Agriculture (constituency)

Cong. Chip Pickering (3^rd dis, conservative, Republican) -- Agriculture (constituency); Transportation (constituency)

Cong. Ronnie Shows (4^th dis- moderate, Democrat) -- newly elected

Cong. Gene Taylor (5^th dis- 75% conservative, Democrat) -- National Security (constituency); Transportation (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

NORMS OF CONGRESS:
1) Be a Workhorse, not a Showhorse
2) Specialization on issues affecting one's committee or constituents
3) Interpersonal Courtesy is important
4) Reciprocity- help colleagues, vote trade
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) $134,000 annual salary
2) Frank- free postage, mass mailing prohibited only 60 days before an election
3) Staff of 15-30 aides-- casework done
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

Hence, 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).

MARCH 4, 1999: SECOND MULTIPLE CHOICE EXAM, NON-CUMULATIVE

MARCH 16-18, 1999

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)

PRESIDENTIAL PROGRAMS

THE IMPERIAL PRESIDENCY:
Johnson and Nixon presidencies.
Impoundments.
Broad war-making powers.
1974-1980: a weakened presidency.
1973 War Powers Act
1974 Budget and Impoundment Control Act

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
3) Major scandal- Watergate
4) Coalition of Minorities- decline over time
5) Rally round flag, international crisis- helps temporarily

MARCH 23-25, 1999

STRUCTURE OF EXECUTIVE BRANCH:

1) Departments- 14, in order of date of creation: State, Treasury under Washington; Interior, Justice, Agriculture in 1800s; Commerce and Labor in 1913; Defense after World War 2 unifies military; HEW, now called Health and Human Services in 1953; Housing and Urban Development, and Transportation under Johnson's Great Society; Energy and Education under Carter; Veterans Affairs under Bush

2) White house staff

3) Executive Office- National Security Council, OMB (Office of Management and Budget)

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

5) Independent Regulatory Agencies-- a) Industry Competition-ICC, FTC, CAB; 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.

6) Government Corporations- postal service, TVA

MARCH 30-APRIL 6

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. Congress has created federal district courts, and courts of appeals.

Currently, 96 district courts (Ms. has two) and 12 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 4-23 judges. All have life terms.

Certiorari- only 10% of cases, requires 4 judges vote.

Most cases 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.

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 overrides personal ideology.

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.

CONSERVATIVE ACTIVISM

1) Dred Scott decision- Southern Democratic dominated Supreme Court held that slaves were property, and could not sue in federal court. Further, the federal constitution protected people's property, hence Congress could not outlaw slavery in western territory. Hence, Missouri compromise was unconstitutional.

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 railroad rates and minimum wages. Further, such issues were not "federal" concerns, hence Congress could not regulate these issues.

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.

EARL WARREN COURT

Warren Court was a liberal activist court.

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) School prayer in public schools outlawed. The 1^stamendment establishment clause was used.

Rights of the Accused decisions 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 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, guilty 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.

REHNQUIST COURT (Reagan appointee)

Current court is a more conservative, yet divided one.

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) Mentally retarded, 1989 case. Defendant raped-murdered a woman, but had brain damage, IQ of 56, was beaten as child, couldn't control self. Court said 8^thamendment didn't outlaw death penalty for retarded, but that evidence of retardation could serve as mitigating evidence that diminished culpability. New hearing require.

2) Minors case, 1989. Death penalty okay for 16 year olds. 5-4 decision held 8^th amendment required that punishment be cruel and unusual. Not usual, since 126 people under 17 executed in American history. Opponents argued that no other industrial nation executed teenagers.

3) 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.

4) 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."

5) Victim Impact, 1987. In 5-4 decision, court disallowed victim impact testimony in death penalty case, arguing focus should be on crime and the killer. Court feared bias towards socially prominent victims.

6) Mitigating Circumstances case, 1987. New sentencing trial ordered in case where judge had prevented jury from hearing about a murderer's "miserable childhood."

APRIL 8: THIRD MULTIPLE CHOICE EXAM, NON-CUMULATIVE

APRIL 13, 1999

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.

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.

Social Issues. Americans are more conservative here, being tough-on-crime measures such as the death penalty. Also, opposes legalized drugs, for school prayer, a religious nation. Yet Americans are moderate on abortion, sex education, pornography.

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, affirmative action, and quotas.

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

APRIL 20-22

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 them to parties or group meetings. PAC campaign donations.

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.

Iron Triangle of influence. 1) Interest group lobbyists. 2) Congressional committees relevant. 3) Executive agency relevant. 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

Ideological--ADA is liberal, ACU is conservative. Christian Right is conservative. People for the American Way are liberal. Mississippi has Christian Action Commission of state Baptist convention.

Business. NAM (Nat'l Asso. of Manufacturers) and 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. Right to Life. Feminists. Mississippi Association of Supervisors, other government bodies such as alumni associations of universities. Common Cause. State Federation of Business and Professional Women.

APRIL 27-29

Types of media: print versus electronic. Print includes newspapers and magazines. 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. Nixon lost to Kennedy because of appearance in 1960. In 1976 Ford blundered about Eastern Europe, lost debate to Carter. In 1980 Reagan chuckled about Carter's efforts to brand him as a conservative extremist, won debate. In 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. In 1988, Dukakis opposed death penalty even if wife was raped and murdered, lost debate. In 1992, Clinton understood average citizens' economic recession problems at town meeting debate, while Bush looked uncomfortable and kept looking at watch, so Clinton won debate. 1996 debates had no effect.

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.

Conservative Newspapers. Newspapers outside of the liberal axis tend to be conservative, usually endorse Republican presidential candidates.

Adversary Role of media. Nixon especially hated media; V.P. Agnew attacked it.

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

MAY 4

Reconstruction Era: 13th, 14th, and 15th constitutional amendments, plus a Civil Rights Act

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

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

1965 Voting Rights Act: outlaws discriminatory voting devices, such as literacy tests, constitutional interpretation clauses, and poll taxes; Section 5 requires southern states to obtain permission from federal government before changing any voting procedures.

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

Affirmative Action is contemporary, complex issue.

The New Mississippi: African-Americans chair the state Democratic Party, serve as Speaker Pro Tempore of state House of Representatives, and chairs of important committees in state legislature. Racist killers of civil rights workers of the 1960s are brought to justice. Beckwith convicted of killing Medgar Evers.

MAY 7, 1999, 8 AM: FINAL, NON-CUMULATIVE MULTIPLE CHOICE EXAM