America Politics Class Notes 2 by JohnMValentine

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									PRIMARIES • An election conducted within the political party to select the nominees for office. • Parties have different rules for determining delegates / winners • Citizens usually get the say in who the nominee is • Nomination procedure affects: - who decides to run - type of candidate likely to prevail - whether people vote - process by which voters make decisions • How we select nominees affects how citizens interact with government and how "consent of the governed" gets translated into the day-to-day operations of the government. Types of primaries • OPEN: anyone can vote in the primary, but voters can only vote in one. Do not need to be registered party member. - McCain won Michigan because democrats new their nominee was clear and wanted the lesser Republican. Looking at just Republican voters, Bush would have won. - Ability of party rank-and-file to choose its nominee vs. More participation • CLOSED: only registered party members can vote. • MIXED: only registered party members or independents can vote. • CAUCUS: local meetings where party supporters choose delegates. (Consensus building) Types of primaries (not in use) • Blanket primary: All candidates from all parties are listed on one ballot. Only votes from registered party members "count." Designed to express preferences. Brought in by voters not politicians. - ruled unconstitutional because parties have the right to not let people outside their party participate • White primary: Existed in post-Civil War South (aka: Jim Crow South). Only whites could vote. - ruled unconstitutional in 1944, Smith v. Allwright. Primaries were

an integral part of the machinery for government. McGovern-Fraser Commission - Followed 1968 Democratic Convention - Opened up the delegate-selection process - Introduced efforts to increase representation of women and minorities at the convention Superdelegates - Prominent elected officials who are automatically among the convention‘s delegates. 17% of the 2004 Democratic primary. Protects against inexperienced candidates from getting elected…or delegates that leaders don‘t want Delegates now belong to candidates, not party officials. Main goal is to present an attractive image and impress the TV viewers. • Consequences - democratization of nominee selection - rise in # of primaries held and in # of delegates selected through primaries - increased role of media/horse-race coverage - makes candidates appeal to the whole country, anything they say can end up on national television - front-loading. early primaries set the tone. there is great interest in them. - leap-frogging. states try to move their dates to earlier. NH state law says it will be first. people don't want to anger NH. Vote choice in primaries - High uncertainty situations - No party labels - Importance of name recognition and perception of ―electability‖ Consequences of fractured alignments - Party line voting declined, and ticket splitting increased - Voters became more indifferent to parties - Growing electoral advantage by incumbents - Volatile electorate - Divided government

Thomas Patterson, ―The Vanishing Voter‖ - The campaign burdens the principles with responsibilities they cannot meet - Season is too long - System is faulty

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Others say that the season is too short…Need more high quality information. However, no need for ―permanent campaign.‖ Those who want to get the info will. Must be at least two months (Longer than Europe) Races should not end shortly before conventions Need an open and fair nomination process…Not with a couple States having vigorous elections and other having low turnout Choices are constrained. Too many people have meaningless votes. Primary rules are designed to protect incumbents Good practices will trickle to congressional elections Need to keep voters interested Need to give people real choice Need to address the problem of the season happening too early Ultimate Tuesday o 1 state per week for 5 weeks in April o May is the month break…45 vote at once o Shorter so that campaign process is not drawn out o Gives people a chance to learn o Allows unknowns to compete o Every state‘s votes are meaningful o Campaigns will start with a flourish then progress steadily to get educated votes o Still possibility of no clear winner (thus, convention battles) National primary o Good: Campaign consumes less time o Good: All states participate o Bad: Impulsive votes o Bad: Favor well-known candidate (money and name recognition decisive) o Neither party would approve because a freakish outcome could hurt party for years and states would lose power Regional primary system o 1st primary in early march, then monthly primaries after that. (West, east, mid-west, ect.) Rotating schedule so everyone goes 1st o Bad: Candidates would have to raise a huge sum to compete in the 1st regional round. o Bad: Candidates would still have to work at breakneck speed o Bad: Would burden 1st region‘s voters with so many choices o Bad: Regional primaries would not shorten the campaign Delaware Plan (population-based system) o Good: Reduce front-loading o 4 pods…population-alike states pod together o Smallest population pod 1st, largest last o Bad: Too many states…1 state primaries are only ways for small contenders to rise up o Bad: No 3-time loser would stay for 4th pod o Low voting turnout in 3rd and 4th pod

Election Reform - With NH, candidates can spend a lot of time there and get to know the voters. - Should NH always go 1st? Not representative of the nation. - Go back to the earlier system o State parties select delegates go to the convention o Delegate brawl o Energize voters to watch the conventions o But it‘s hard to take power away from people once given o Parties don‘t want convention battles o Need to nationally present the national message and unified front - Have a national primary (Every state votes on the same day) o Eliminates Iowa/NH distortion o Every state‘s vote becomes meaningful o Favors well-known and well-funded candidates o Possibility of no clear winner o Reduces opportunities for voter knowledge about candidates Crigler, Just, and McCaffery. ―Rethinking the Vote‖ - 2 camps of thinking on voting - Bush v. Gore Florida debacle o Minimalist Democracy  Posner says that minimalism protects democracies against tyranny. It fosters stability to protect against chaos o Participatory democracy  Attainment of rich and meaningful equality amongst individuals  Everyone believed that the statistical tie had to be broken  Our laws are out of step with the values inherent in a true participatory democracy  Accepting voter ignorance and apathy is not an option. We must educate voters to attain true democracy Jeb Barnes, ―Rethinking the Vote‖ ―Congressional Compromise on Election Reform‖ - Banning of soft money was a good step, but there will always be loopholes - 3 approaches to election reform from ―participatory and Madisonian democracy‖ o Voting methods reform – Improve reliability and accuracy of recording votes o Electoral College reform – To abolish or modify to give votes equal weight o Choice method reform – People can vote for more than one candidate, improve voter choice  Bush, Gore, Nader - No one wants to be on the wrong side of popular reform, so parties will fight about terms of the debate - Popular reforms create incentives for extreme groups to push their agenda, and later take credit for the reforms

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The presidential election of 2000 did not usher in bold congressional action, but small reforms watered down by partisan politics. Changes in voting methods should improve accuracy

Regional primaries - Try not to contradict yourself - Candidate in 1st region has advantage - Similar to national primary - Votes from last region less meaningful State-by-state, with lottery to determine order - State-by-state, with lottery to determine order o Iowa and NH not 1st every time o Gives people chance to learn o Allows unknowns to compete o Doesn‘t address the problem of front-loading or meaningless votes in later states Reforming how we determine winners Voted splitting - a.k.a. single transferable vote or instant runoff - Choose first and second choice - If first choice got least # of votes, transfer vote to second choice - Keep going until on candidate has majority - Allows voters to communicate more information - Avoids having a winner with less than majority support - Maintains Madisonian principles…We still have the electoral congress serving as a filter Competitiveness in 2004 House Elections (nationajournal.com) - Only 17% of districts were competitive - 23% of incumbents seeking re-election were uncontested - 36% of states had NO competitive districts - MA: 7 of 10 seats were uncontested o The remaining 3 had weak challengers Restoring competition in Congress - Proportional representation (vs. single-member districts) o Might restore competition o Would add diversity to Congress without need for majority-minority districts o Would give 3rd parties a voice o Would eliminate Gerrymandering o Would make elections more party-centered and less candidate-centered

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The problem with most reforms is that they require people in power to act against their self-interest in order to promote collective interest.

The Media: News Expectation of risk for sake of free press - Pentagon Papers - Prior restraint: an effort by a government agency to block the publication of material it deems libelous or harmful - Rarely permitted by US courts - Watergate - Unabomber - Judith Miller (Jail time to protect sources) - Death in action Media Bias - In eye of the beholder - Support for the system - Support for the United States - Bad news bias Watergate legacy - Adversary relationship between president and press - Celebrity journalists - More attention to private lives of officials - More investigative reporting Theories of influence - On voters: o Minimal effects: solidify existing predispositions o Agenda setting: prioritization o Framing: defining what issues are about, provide order to the set of issues, editorial decisions matter in shaping what we think is important - On politicians: o Horse race, especially primaries o Sound bites o Press conferences o Going public Campaign Ads Ditch ―negative‖ - Voters see many topics as legitimate sources of criticism - Negative ads (defined as ―ads that criticize opponent‖) are often: o More informative than positive ads o Remembered more than positive ads

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Voters don‘t like ads that are unfair and inaccurate o But positive ads can be unfair and inaccurate too

Jamieson‘s alternative classification system - Advocacy: focuses on candidate‘s own qualifications - Attack: focuses on opponent‘s failings - Contrast: explicitly compares the candidates o Within each type, ads can be fair or unfair, accurate or inaccurate o See Freedman article for fair vs. unfair Media – The flawed watchdog Can there be too much news? How can we guard against selective perception and interpretation? How is the Internet similar/different from other media sources? How does concentrated media ownership affect content? How can the tragedy of the commons be overcome to improve content?

Civil Rights Civil liberties - Those liberties spelled out in the bill of rights that protect individuals from the arbitrary interference of the government (negative freedoms) Civil Rights - Obligations imposed on government to guarantee equal citizenship and to protect citizens from discrimination by other private citizens and other government agencies - Protecting civil liberties usual involves inaction - Protecting civil rights usual involves action Incorporation of the Bill of Rights - Bill of Rights originally interpreted as applying to the federal government only - State governments only had to protect the right and liberties spelled out in their own constitutions - Barron V. Baltimore, 1833 Incorporation die to the 14th amendment - Bill of Rights now interpreted as applying to actions of state governments, due to 14th amendment o Ratified in 1868 o Due process clause; Equal protection clause Interpreted to mean that citizens have rights and liberties that state and local governments cannot abridge o Aka: Nationalization of the bill of rights

o Aka: incorporation of the bill of rights The Supreme Court incorporated the 6th amendment into the 14th amendment when it ruled that states must provide attorneys to defendants that cannot afford them

Civil Rights - Determining when people of different groups need to be treated equally, and how to go about doing that in those cases, is what many civil rights conflicts are about Precedent - Courts establish substantive doctrine regarding how policies and specific aspects of the Constitution should be interpreted and applied o Decisions dictate new norms that then provide guidance in later case and lawmaking o Precedent is occasionally overturned/reversed Plessy v. Ferguson (1896) – established doctrine of separate but equal Brown v. Board of education (1954) – separate schools inherently unequal o Reversed precedent in Plessy

Important features of civil rights laws - Civil Rights Act of 1957 o Barred discrimination in public accommodations on grounds of race, color, religion, and national origin o Outlawed job discrimination based on race, color, religion, national origin, or sex (added to thwart passage) o Barred discrimination from any activity receiving federal funds - Voting Rights Act of 1965 o Authorized voting examiners in areas where discrimination was found or be practiced or where fewer than 50% of eligible voters were registered for the 1964 election o Banned literacy tests for registration o Set residency requirements for registration to 30 days in elections for federal offices o Now also has provision on bilingual ballots o Up for reauthorization in 2007 - Civil Rights Act of 1968 o Fair housing – prohibits discrimination in sale or rental of housing based on race, color, religion, national origin o Later extended to people with disabilities and children

Civil Liberties

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Those liberties spelled out in the Bill of Rights that protect individuals from the arbitrary influence of government Negative freedoms First amendment, ―congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; of abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redness of grievances Religion: Establishment clause and free exercise clause The ―lemon test‖ Lemon v. Kurtzman (1971): Ruled using state funds for private school teacher salaries was unconstitutional Test whether a policy is in violation Statute must have a secular legislative purpose Primary effect must neither advance nor inhibit religion Must not foster ―excessive entanglement‖ with religion Lemon test giving way to simpler neutrality, coercion, and endorsement tests Neutrality – government cannot show preference to religious organizations Coercion – government cannot force religious participation Endorsement – government cannot endorse a religion

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Limits on speech - clear and present danger - Libel/Slander - Obscenity - Symbolic speech (sometimes) – Actions intended to convey message - Prior restraint (rarely used) Rights of the abused - Miranda v. Arizona (1966) - Dickerson v. United States (2000) – Confessions without Miranda Rights are inadmissible in court - Gideon v. Wainright (1963) – Right to an attorney…Were his 6th amendment rights violated? YES 1. Everyone in US is guaranteed a fair trial Does public support civil liberties? - Court rulings that protect civil liberties often go against majority will - The public voices support for civil liberties in the abstract - But support dissipates in a concrete situation High numbers of Americans support racial profiles of Muslims (and Japanese after Pearl Harbor E.O. 9066)

Disagree with court? 4 opinions - Try again - Lobby legislature to pass new laws - Amend Constitution (real hard) Ignore it (risky) Other forms of participation Offensive judge • A 5-year-old girl in your town was sexually assaulted. A jury found the man charged with the crime guilty. During the sentencing, the judge in the case called the girl "a particularly promiscuous young lady" and "unusually sexually permissive." The convicted man could have received up to 20 years in prison but instead was sentenced to 3 years probation. - This happened in Wisconsin. The effort to remove the judge failed. - Media framed as a women's issue instead of a children's issue. - No credible alternative candidate, which was needed, would run. • You and some neighbors are outraged. Two possible options are to convince the judge to resign and/or to have him recalled (which requires a special local election). • What do you do? - Need to know avenues for options. What are the recall procedures? How often are they successful? Do you need an opposition candidate? Research is the usual first step. - If you can frame the story first, knowing what you want to say, you set the ground for the debate. Know how to channel passion effectively. Questions • What background work would you need to do first? • How would you frame the issue? What is the issue about? - What would the community find persuasive? • Who are the bad guys? - Easily identifiable bad guy is more convincing than something abstract • What actors are the appropriate targets for your efforts?

• Who would you try to recruit to the cause? - Which other members of the community? - Any one else? - How would you try to recruit these supporters? • What role, if any, do you want the media to play? • What are your ultimate goals? • What sacrifices might this political activity require of you? - Can take years, like in the Love Canal incident. - People become alienated and angry. - If they lose, they often turn away from politics. - For some, participation leads to more participation. "Work smart as well as hard." • Framing - Control what the issue is about. Is it a children's or women's issue? • Symbols - Need symbols, like the fence in Love Canal. - Convincing rhetoric. "Drive through (complex operation name)." • Information - You need lots of research, it is not just shouting down the government. • Persistence - A lot of people don't have the patience necessary. • Good strategy can overcome resource deficit. - Target the drunk drivers who are not a compelling counterweight, instead of powerful beverage companies with lobbyists.

Interest Groups An association that exists to represent a collection of individuals before government Citizen group: aka public interest group 1. Group of individuals who come together for an issue or cause 2. Ex. PETA, Greenpeace, NRA Vocational Group 1. A group of individuals who come together for a material concern, often stemming from their job or profession. 2. Ex. Unions, Assn of trial lawyers, beer distributors

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Iterative – has many rounds of engagement 1. Want to come out looking good after the first round 2. Image and persistence are important in achieving policy goals

Madisonian perspective of interest groups - Political system needs to encourage a multitude of interests and interest groups so that no single interest can become too powerful and tyrannize the rest of us. - Pessimistic view of human nature - One person‘s faction is another person‘s public interest lobby - How do you know a faction when you see it? Tocquevillian perspective - Saw our propensity to form associations a blessing, not a curse. - In our nature to form groups - Associations are schools of good citizenship 1. You win some, you lose some 2. Teaches people to work together, to compromise 3. Forms an important intermediary between citizens and government Pluralist perspective - There is a high probability that any active and legitimate group will make itself heard effectively at some stage in the process of a decision - Access is possible through organization (key to access) - Optimistic interpretation of the political process - Like Madison, want many groups to flourish, but so that they can all have a seat at a table, not so that they cancel each other out. Schattschneider perspective - Pluralist image of all people and all interests being represented by organized groups is a myth - Pessimistic interpretation of political reality - Political organization is the mobilization of bias - ―The flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper-class accent‖ - 1950s and 1960s – Before explosion of citizen groups Direct democracy - Citizens being legislators Forms - Referendum: Legislature asks for voter approval before enacting a piece of legislation. (Binding or advisory) - Recall: Removing a public official from office before the next election - Initiative: to put statutes to a vote by the public 1. More frequent since 1970s

Passing you own laws - Signature gathering 1. Often proportion of voters from last statewide election - Debates over wording common - Campaigning - It can effect what politicians do…If a politician votes against something and the majority of people are against something, it will change their views or hurt their re-election campaign Arguments in favor of direct democracy - Encourages politicians to be delegates - Enhances ability of states to be laboratories 1. Tax rform 2. School vouchers 3. Same-sex marriages 4. Public financing of state levels elections 5. Term limits - Alternative and creative ways of address social policy concerns - Majority vote on a policy is closest we ever get to a true mandate - Promote a more educated citizenry - Courts provide an avenue for determining legitimacy of the laws Arguments against direct democracy - Tendencies of majorities to tyrannize minorities can flourish in simple majoritarian procedures. Same w/tendency to pursue self-interest at expense of collective interest 1. Harder for politicians to take unpopular, but necessary steps - Outside interest groups with lots of money and organization often get heir way due to resource advantages - Courts don‘t do much with initiatives that repeal existing law or ban new types or laws. - Can exacerbate social tensions - Uninformed voters Alabama allows public referendum to change the constitution…changes to the tax code must be in the form of amendments. Gov. Reilly proposed tax changes…they wanted to make tax code more progressive. 67% of Alabamans Is direct democracy democracy in its purest form, or threat to democracy? Should we allow direct democracy in some policy areas but not others? 1. Have it be non-binding only? 2. Require majority vote and passage by legislature? Should roe of D.C.-based interest groups in state-level direct democracy bother us? 1. If not, why not? If so, what, if anything, could be done about it?

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Protest Government grants us the ability to protest, but unlike other forms of political participation, it does nit encourage us to protest Early protests 1. Shay‘s Rebellion 2. Boston Tea Party 3. American Revolution Isolated event or protest on a given day as part as a longer sustained political effort Sometimes in response to one situation, but becomes part of a larger movement Civil disobedience is not such a horrible tactic anymore Protests make people deal with the unknown When tactics become more normal…it can become easier to diffuse the disruption

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Too much of a good thing? - Normalization of protest can hinder success 1. Protests succeed from getting attention 2. Normalization – Less attention, less newsworthy - Main target of the protest should be 3rd parties that aren‘t involved in any way but have the kinds of resources the true targets care about Protest as a way of creating resources - One goal is always to get 3rd parties involved - Protest target often cares more about those 3rd parties (ex. Consumers) than about the protesters themselves - Involving 3rd parties is often what brings targets to the bargaining table - Becoming truly powerful often means not needing 3rd parties Creating bargaining chips - Radical flank effect 1. Coherent and with unified voice 2. Hit where it hurts: economic impact 3. Public shame 1. Black panthers 2. Shin fein – u.k. political party for kicking british out of notheren Ireland 3. Malcolm X Creativity 1. Alinsky: ―Wherever possible, go outside the experience of the enemy. The real action is the enemy‘s Reaction.‖ 2. Keep target on toes while still appearing sympathetic

Structure affects process. The rules of the game are consequential. How does procedure affect the way the game is played? Public opinion – ambivalence about our political system. Love-hate relationship…Direct democracy…majority rule…media (media focuses on soundbites rather than real depth, but serves as watchdog)…interest groups(Using money for access to public officials but were key in promoting reform)…bureaucracy (Cumbersome…but protects against arbitrary use of power)…There are many entry points to our government… Appreciation of our own possibilities for involvement in government Burden of proof for change should rest for critics…Stability is important (How will political system be improved if we have regional primaries…elimination of electoral college) Conflict within consensus…Range of debate is narrow, there is a general consensus on what the structure should be…A government that can get things done with our consent With complaints in our political system, we look to the past to figure out how things should be…Our system is less corrupt and more democratic than it ever has been…Do not fall for claims that romanticize the past

Ad watches are put in place to make sure campaign ad facts are correct…swift boat ads. Non-profits are doing it… Woodward and Bernstein: who were they and what has their impact on journalism been? Lanahan: Katherine Graham- ―From Personal History‖ Logic: The News Media-ch. 14  Who were they? o Bob Woodward and Carl Bernstein = reporters for the Washington Post during the Nixon era. o Were responsible for uncovering and publishing the Watergate scandal. Impact on journalism o Highlighted the importance of a free press  Otherwise politicians can leak excessively biased information, or choose not to release any at all o Strained relations between the politicians and journalists resulted from their investigation.  Revealed the credibility gap and gave journalists the sense that they were perpetually being lied to by politicians and their selfserving interests.

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o Credibility of the press stood the test of time against those who denied wrong-doings o Right of a newspaper to keep its sources confidential Vowell, Sarah. ―Democracy and Things Like That‖ - Al Gore speaking to students in New Hampshire primary - Media mistakes his Love Canal quote saying that he found it. - Shows the power of the media, and its ability to distort fact and have lasting impacts What is the “Lemon test” and what alternative tests have been proposed? Logic: Civil Liberties -ch. 5, pg 177-178  1971 case Lemon v Kurtzman-ruled that it was unconstitutional to use state funds for private school teachers. o The case was in reaction to the controversial policies triggering establishment arguments concerning the ways states have subsidized private schools. They also specified three conditions that every state law must satisfy to ensure the following of the establishment clause. If any of the three criteria were violated the policy would fail to satisfy the Lemon Test. o The three criteria were: 1. Statute must have a secular legislative purpose 2. The primary effect must neither advance nor inhibit religion 3. Must not foster ―excessive entanglement‖ with religion.  These three conditions defined the way the government was supposed to deal with religion in schools. 1. Neutrality- government cannot show preference toward religious organizations 2. Coercion-they cannot coerce religious participation 3. Endorsement-they cannot endorse any religion. o These statements left a lot of room for interpretation, as evident from the many inconsistent decisions that followed under it.  Ex: some federal courts ruled that nativity scenes on public property must be dismantled, whereas others used the same guidelines to rule these nativity displays as a ―celebration of the historic origins of Christmas‖ Alternative Tests o Neutrality test is now preferred more often by judges  Does not prevent favoritism among religious groups but roots out policies that prefer specific religious groups over other nonreligious groups doing the same activity.  Ex: Tax credits for religious school tuition is allowable if also available for secular institutions.

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Kathleen Jamieson, ―Dirty Politics‖ Willie Horton  Dirty Politics, Kathleen Hall Jamieson  Horton was a convicted felon and because of a furlough program, he was granted a free weekend, but failed to return. He then went on a crime spree and raped a woman and stole her car.  Democratic Presidential candidate Michael Dukakis supported the program because it was noted as a good way to rehabilitate inmates, however he did not sign the program into place.  Once Dukakis won the democratic primaries, there were a large amount of ads known as the ―Weekend Passes‖ which mostly told the story graphically of Horton and the Furlough system. The ads were meant to be every person‘s nightmare of felons being released.  When the ads were taken off the air, Bush began ads that attacked Dukakis personally for his involvement in the furlough program. The ad had many intimidating people walking around in a prison.  Bush also said that 268 escaped when they were really just late, and that some commited felonies when the some was just Horton  In the 1988 presidential elections, George Bush Sr. used the Horton case in multiple ad campaigns and speeches.  A few years later, the ads were called racist because when people were asked what they remembered, they responded that a black man raped a white girl.  These ads are what most people remember about the 1988 elections and most likely helped Bush win because the ads made people afraid.  Negative information carries more weight than positive information when evaluating social stimuli.  Dissatisfied voters are more likely to appear at the polls  Ability of the media to distort information

Framing  

This is the process of selective control over media content It is used all around us in politics to emphasize issues o Pro-life is an example because instead of using anti abortion, it makes it seem that the opposite would be pro-death which is abortion o Pro-choice is the exact same because it could be known as pro death. o Another example is tax relief as if taxes put on stress  Bush used framing in his ads in order to make Dukakis seem as if he was apart of the crimes that Horton committed. Agenda Setting  There are many instances of agenda setting, but in politics it is most used in campaigns  Bush had a very specific agenda for his Horton Campaigns against Dukakis o He began the ads depicting the story of Horton soon after Dukakis won the Democratic Primaries

o Once the story was set up, he began a second wave of ads that were endorsed by his campaign a day after the ads. Ad Fairness : What kinds of ads are generally considered as Fair Vs. Unfair  Freedman, P., Wood, W., and Lawton, D. 1999. ―Do‘s and Don‘ts of Negative Advertising: What voters say about attack politics.‖  In this Article, they did a polling on what people thought as fair and not fair.  70% or more of people thought it was fair to o criticize an opponent for their voting record and what they say. o Criticize their business practices o Tell their history of taking money from special interest groups  Between 37% and 63% of people said it was fair to criticize them o For taking money from individuals with ethical problems o For current alchohol or drug issues o For extramarital affairs  37% of people said it was fair to criticize opponents for o History of drug or alcohol abuse o Past extramarital affairs o The behavior of family members and the personal lives of the opontents party leaders  While they were doing these polls, they noticed that those with a higher education were more lenient for what is fair.  However, Democrats and Clinton supporters were low on opponent criticism. Under what conditions do fair or unfair ads help or hurt candidates.  Freedman, P., Wood, W., and Lawton, D. 1999. ―Do‘s and Dont‘s of Negative Advertising: What voters say about attack politics.‖  In the same pool of sampling, they made different situations to see how fair and unfair ads helped.  They suggested to begin with an early charge, but with a fair one. o They found that if a candidate chose to begin with talking about past drug history, the one with the history would win  They suggest that if a candidate is attacked unfairly, not to counter it with another unfair ad  Another point is that when there have been many unfair attacks by opponents, turnout declines. When the attacks are fair, turnout is much higher.  Strong voter support for self-regulating action rather than new campaign laws o Lead with a fair early charge o Avoid ratcheting down the debate o There is a premium for ―staying above the fray‖ o An exchange of unfair charges may suppress voter turnout Framing and symbolism in the Love Canal, both by the government and by average citizens The Love Canal:

The activists in the Love Canal framed issues so the situation became more of a personal, interest story; they appealed to the emotions of the public following the story; the issue became similar to a big bad government beating up on a helpless citizenry They accomplished this by: -putting people in the spotlight who were average citizens like Mary Bates and Grace McCoulf that the public could appeal to, thereby understanding their plight -involving the chromosome study in lawsuit against chemical plant to strengthen their case; they proved that what was at issue was a serious breach of public safety - influencing the EPA to declare the area a disaster, thus showing that the issue is bigger than politicians wanted to admit - holding members of the EPA that would not commit to this declaration - these dealings with the EPA and government framed the incident as a sort of David vs. Goliath situation in which the residents of the Love Canal region are simply trying to defend themselves against a more powerful and evil conglomerate The Government - The government, however, tried to downplay this issue by attempting to portray it as less crucial than Love Canal residents made the ‗disaster‘ seem. They tried to frame the issue as a small, unfortunate incident, not a major breach of justice for average citizens. They accomplished this by: - waiting long periods of time to declare the area a disaster, and only evacuating a small number of houses along the canal. - Putting politicians out there to downplay residents‘ fears at town meetings and in the news - Allowing only temporary relocation of persons (up to one year) instead of allowing them to permanently move - Downplaying the issue as much as possible in the news Campaign Ads  Ditch ―negative‖ o Voters see many topics as legitimate sources of criticism o The problem with ditching the negative is that negative ads (defined as ‗ads that criticize the opponent‖) are often:  More informative that positive ads  Remembered more than positive ads o Voters don‘t like ads that are unfair and inaccurate    Advocacy  focuses on candidate‘s own qualification; positive representations of that candidate, his/her initiatives and goals Attack  focuses on opposition‘s feelings; generally abrasive and always negative because it will paint the opponent in a bad light pushing support towards favored candidate Contrast  explicitly compares the candidates; generally also negative as a means of making one candidate appear far superior to the other

o With each type, ads can be fair or unfair, accurate or inaccurate See Freeman article for fair vs. unfair 1. Civil Rights Act of 1964 (Logic 134-137) a. Causes i. One of the first major changes made as a result of the Civil Rights movement of the 60s ii. A step up from Kennedy‘s legislation, which stated that federal agencies had the right to determine violations to civil rights b. Definition i. Authorized national government to end segregation in public education and public accommodations ii. Authorized Department of Health, Education, and Welfare to withhold federal grants from school districts that failed to integrate their schools c. Results i. Within a year more black children were admitted to formerly all white schools than in the entire decade after Brown vs. Board of Education ii. Within 10 years over 90% of black children in the South attending integrated schools iii. Staunch Democratic support for law made civil rights a major issue in the 1964 presidential election; Republicans gradually realigned away from civil rights support Voting Rights Act of 1965 (Logic 137-139) a. Definition: i. Authorized Department of Justice to suspend restrictive electoral tests in southern states that had a history of low black turnout ii. Authorized federal officers to directly register voters in uncooperative communities iii. Obligated states to obtain clearance from the Justice Department before changing their election laws b. Results i. Registration soared ii. Politicians finally took heed to the views of newly registered black constituents iii. From 1970-2001, number of black officials at all levels of government grew from 1,469 to 9,101 c. Causes i. Black leaders pressed White House to authorize federal agencies to guarantee the right to vote by taking over voter registration or directly supervising local officials (Precedent set by Civil Rights Act of 1964) ii. Took advantage of large pro civil rights majorities in House and Senate, demonstrated, got into the news

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iii. Finally Johnson introduced the new civil rights legislation

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Civil Liberties (Logic chapter 5) a. Constitution‘s protection from government power (negative freedom) → Making sure government keeps letting people do things and stopping unconstitutional acts (protecting flagburners, ending public prayer…) b. Violations of these liberties occur when some government agency at any level oversteps its authority c. Protect minority from desires of majority d. Bill of Rights, or the first ten amendments of constitution, were designed to limit the capacity of national majorities to impose their preferences on the press and the behavior of the citizenry i. Amendments are often difficult to decipher practically (sep. church and state → religious school funding? Prohibition of cruel and unusual punishment → who decides? What does this mean?) ii. Some amendments contradict in certain situations, which prevails? e. Fourteenth Amendment i. Originally intended to protect former slaves by explicitly declaring that rights of citizenship were not subject to state controls ii. Has evolved to cover the liberties of many different group f. Freedom of Speech g. Freedom of Press h. Freedom of Religion i. Criminal Rights j. Privacy Civil Rights (Logic chapter 4) a. Protections by government, things government must secure on behalf of its citizens → Giving opportunity to do things (vote, go to school…) b. Safeguards against any effort by government and dominant groups in a community to subjugate another group and take unfair (often economic) advantage of it c. Cause of civil rights advanced only when a large national majority fully took control of the federal government and challenged tyranny in the states d. Right to live free from bondage and intimidation, to enter into contracts and own property, to have access to businesses that serve the public, and to enjoy equal educational opportunities e. Politicians used Civil Rights for campaigns in order to court black voters (Truman‘s bill to integrate armed services, and comprehensive civil rights bill to make racial lynching a federal crime, provide federal guarantees for voting rights, prohibit employment and housing discrimination) → led to rift in Democratic party, also Johnson‘s 1957 Civil Rights Act to draw on the large pool of African American voters during his candidacy

4.

f. While bills of the 50s were the first steps in civil rights, real change that changed lives didn‘t come until the 60s Eugene Rostow, ―The Democratic Character of Judicial Review‖ - Analysis on the theory behind the Supreme Court‘s Power - Judicial review, the court act to declare a congressional act unconstitutional, is the essence of the democratic system - By custom and constitutional practice, many aspects of community life are beyond the direct reach of the government – religion, the press, culture - The root idea of the constitution is that man can be free because the state is not - Judicial review part of the living constitution - ―mediators‖ that help maintain a pluralist equilibrium in society Peter Irons, ―Brennan vs. Rehnquist‖ - Brennan living constitution, Rehnquist not - Rehnquist thought judicial review was anti-democratic…Constitutional protections assume a general social acceptance. No moral value is inherently superior to another

5.

24th Amendment of 1962 a. Prohibition of poll tax b. Another step towards equality in voting c. Made sure poverty/lack of money did not keep lower class voters from casting ballots d. During Kennedy‘s presidency

26th Amendment of 1971 (Logic 427) a. Right of 18 yr olds to vote b. Provoked by the Vietnam War c. Appealed to antiwar activists because young people were so prominent in their movement d. Politicians who supported the war also endorsed the amendment because it enfranchised the troops fighting in Vietnam e. Revolutionary War logic: Those who risk their lives on the battlefield ought to have a voice in governing the nation they are defending Result: decline in percentage of eligible voters showing up to vote 6.

Compare and contrast the 4 perspectives of interest groups Madisonian perspective  Political system needs to encourage a multitude of interests and interest groups so that no single interest can become too powerful and tyrannize the rest of us  Pessimistic view of human nature

 ―One persons function is another persons public interest lobby‖ Tocquevillian perspective  Saw our propensity to form associations as a blessing, instead of as a curse  Saw associations as schools of good citizenship  Teaches people how to work together, how to compromise  ―In no country in the world has the principle of association been more successfully used, or applied to a greater multitude of objects, than in America…‖ (Logic) Pluralist perspective  There is a high probability that any active and legitimate group will make itself heard effectively at some stage in the process of a decision  Access is possible through organization  Like Madison, wants many groups to flourish, but so they can all have a seat at the table, not so that they can cancel each other out  Creates a policy balance that reflected both the distribution of interests in society and the intensity with which they are pursued (Logic) Schattschneider perspective  Pluralist image of all people and all interests being represented by organized groups is a myth  Pessimistic interpretation of political reality  ―The flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper class accent‖ (Logic)  ―Political parties created democracy and modern democracy is unthinkable save in terms of parties‖ (Logic)

Primaries In choosing delegates from both the Democratic and Republican parties, a primary system has been in place for a while now. However in recent years, different reforms have been discussed and along with the ideas of a regional primary and a lottery to decides which states go first, the theory of one national primary has been contemplated. One of the important issues is the distortion of voting in which New Hampshire and Iowa are always first. With our current system, this means that many state primaries that come at the end of the electoral process become meaningless, with the winner often all but decided by that point. A national primary‘s key advantage would be getting rid of this inconvenience to some states by putting all state primaries on the same day. A national primary also presumably favors well-known and well-funded candidates because it is taking place in such a short length of time. This is a disadvantage for some candidates who would not have the benefits of getting known through other primaries. Often times people are learning about many candidates for the first time in the early primaries and this would undoubtedly cost them votes. While our current primary system draws itself out in the months before the election year, a national primary would be incredibly more efficient. Instead of the 50 separate state primaries which take place on many different days, a single day for candidate elections would shorten the primary system‘s length immensely.

Also, drawing on the quickness that a national primary would bring to our country, there is a much higher possibility of an unclear winner at the end of the day. Although the primary process would take place in a much shorter time, there is a higher probability of problem similar to which we have had recently with presidential voting. While our current system may be drawn out, one of its advantages is a much more diligent voting process, going from state to state. Ad Watches Ad watches are designed to expose false or misleading claims in campaign ads. Ad watches make candidates more accountable and campaigns more truthful. Besides separating fact from fiction, ad watches put pressure on campaign consultants to provide documentation for their claims. In addition, ad watches make it easier for candidates who are victimized by a false accusation to respond effectively to the charge. What are their positive and negative influences on campaign advertising? Ad watches make candidates center their advertisement campaigns on facts instead of partisan attempts to paint their opponents in a negative light. Obviously completely preventing candidates from skewing some facts is impossible, as demonstrated in the 2004 election when the Bush-advocacy group ―Swift Boat Veterans for Truth‖ ran a series of ads based on questionable facts. Ad watches hold candidates accountable for their actions in the campaigning arena, and victims of false ads and harsh, unfounded criticism will find it easier to dispel any negative connotations associated with the negative campaign ads. Ad watches can be a downfall for journalists, as any campaign ad screened and redflagged for supposed falsifications may contain an inkling of truth, in which case the journalist would be held accountable for reinforcing a primarily fabricated ad. Additionally, some find negative advertising to be healthy for political campaigning, as it provides the public with ‗dirt‘ on the candidates running for office. Additionally, in most cases, voters can be confident that the ads being run are, for the most part, factual, and they don‘t have to worry about making decisions based on sweeping generalizations and negative claims in campaign ads. There is a very fine line between fact and fiction in campaign ads, and ad watches solidify that line and force candidates to only run factual advertisements. What’s wrong with calling ads “negative”? Ad watches are not the only system in place to clean up campaign advertising. Candidates cannot use their opponents‘ names in a ‗negative‘ campaign, and they are thus forced to focus more on their own policies or vaguely disparage those of their opponents. A negative ad can be seen as an excuse to divert attention from the issues at hand during the campaign, and while fun to watch, they detract from the overall significance of a candidate‘s platform. Candidates would much rather be elected because the people want them in office as opposed to being elected ‗instead of the other guy.‘ Ask John Kerry how it feels to get those votes.

What does it mean to say that an amendment in the Bill of Rights has been incorporated into the 14th amendment? How did ―incorporation‖ come about? ―Bringing state laws and practices under Bill of Rights protections by applying the Fourteenth Amendment to the states,‖ (Logic p.160)  The Fourteenth Amendment states: ―All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws‖  The first sentence states that all people are citizens of the national and state governments, and the second states, with the due process clause and the equal protection clause, assert that all people are guaranteed the same civil liberties and rights that states cannot deny  In the past 100 years, the Supreme Court has applied the provisions of the Bill of Rights to the states through the process of incorporation  Barron v. Baltimore – 1833, Supreme Court ruled that the Bill of Rights restrained only the actions of the national government  After the 14th Amendment, the Supreme Court first incorporated a provision of the Bill of Rights into the 14th Amendment in 1897. The case was Chicago, Burlington, and Quincy R. Co. v. Chicago and dealt with compensation for taking private property, which is a clause of the Fifth Amendment.  Table on p.164 gives when Amendments were incorporated and with what cases Logic. pp. 160-164 

What strategies can social movement and protest organizers use to get people to overcome collective action problems? Social movement and protest organizers should form organized groups to overcome collective action problems. Interest Groups  An association that exists to represent a collection of individuals before government Types of Interest Groups and Examples  Citizen Group: A public interest group of individuals who come together for an issue or cause  Examples of Citizen Groups: PETA, Green Peace, NRA  Form a Vocational Group: A group of individuals who come together for a material group.  Vocational Groups often stem from individuals‘ jobs or professions

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Examples of Vocational Groups: Unions, Beer Distributors, Assn of trial lawyers

Perspectives and Ideas Concerning Interest Groups (support) Madisonian Perspective of Interest Groups  Madison believed that political systems need to encourage a multitude of interest groups so that no single interest group can become too powerful and tyrannize the rest of us. This idea coincided with his pessimistic view of human nature. ―One person‘s faction is another person‘s public interest lobby.‖ Tocquevillian Perspective  Our propensity to form associations is a blessing, not a curse.  Associations are schools of good citizenship  Teach people how to work together and compromise Pluralist Perspective  There is a high probability that any active and legitimate group will make itself heard effectively at the same stage in the process of a decision  Access is possible through organizations  Optimistic integration of the political process  Like Madison, wants many groups to flourish, but so that they can all have a seat at the table, not so that they cancel each other out Schattschneider Perspective  Pluralist image of all people and all interests being represented by organized groups is a myth  Pessimistic interpretation of political reality  ―The flow in the pluralist heaven is that the heavenly chorus sings with a strong upper class accent.‖

Who Will Tell the People? William Greider   Article discusses the plight of the after-hours janitors and cleaning employees in the metropolitan Washington, DC area. Author argues the first of his two main points- that the people in the economic category of ―working poor‖ or those on the lower end of the lower-middle class are passed up, ignored, and forgotten by the American political system, which looks after the rich, the middle class, and even the extremely poor better than this category, citizens who ―are not the idle poor, though many hover on the edge of official poverty and virtually all exist in a perpetual condition of economic insecurity.‖ Reader is given an in-depth look at a group of janitors assigned to a building, organized informally and without a union, who are striking because of low wages. Author describes the conditions and compensation of their job- it is portrayed

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very negatively and the reader is given the impression that the janitors are being exploited in a menial job for unfair wages. Author describes an extensive campaign of public harassment and humiliation by the janitors, who now have the backing of the SEIU. They hand out flyers, crash parties, and call out the owners of DC office buildings that pay unfairly low wages to their janitors. Their tactics are focused on bringing public disapproval and shame upon the building owners. Author concludes with second main point- that despite the fact that the ―Janitors for Justice‖ won desired concessions, the political process has failed the people in this economic class because their victory came about not through congressional policy and lawmaker initiative but rather through ―extra-legal‖ or ―extra-political‖ means. The only way for the working poor to win concessions is to avoid, not embrace, the political process.

Proportional representation – An electoral system where a political party receives legislative seats in proportion to its share of the votes it receives -used in many European democracies, but has never been tried in the U.S. -U.S. instead uses plurality system: candidate with most votes (even when not majority) wins seat Implications: -system encourages 3rd party activity because voters do not feel as though their vote is being wasted on candidate unlikely to gain majority of vote -in U.S.= Duverger‘s Law: tendency for serious competitors to be reduced to two because people tend to vote strategically  office seekers usually join one of the major parties -two current parties in power in U.S. do not encourage this system/reforming the current U.S. system because they benefit from there only being 2 competitive parties Ultimate Tuesday – proposal for reforming the U.S. primary elections -1 state has elections every week for 5 weeks (these 5 states vary in each election) -then there is a 1 month break -every other state votes on the same, decided Election Day Implications: -gives the voting public a chance to focus on learning about the main candidates -allows unknown candidates to compete because election season is shorter- not as much money needed to campaign -every state‘s votes become meaningful- currently Iowa and NH have disproportionate influence because vote first/set the tone for primaries  votes successively lose influence as states vote later in primaries downside: still possible no clear winner ( convention battles) White primary – existed in the post-Civil War South (aka the Jim Crow South) -only white citizens could vote -Smith vs. Alright- 1944 court decision that ruled white primaries unconstitutional

-primaries were an integral part of choosing officials and allowing only whites to vote clearly violated the 15th amendment (prohibits voting discrimination based on race) Implications: -Court established primary elections as important and influential part of the U.S. election system. -shows progress of African Americans, preceding the Civil Rights Movement of the 1960s Would you favor or oppose allowing the use of ballot initiatives at the national level? Why or why not? Arguments in Favor  Allows for the purest form of democracy, by ensuring that the majority opinion is decisive.  They are more free from special interests than the state governments  Can encourage national lawmakers to act in a manner more responsible to their constituents. Promotes government responsiveness and accountability  Voters will know their votes are more important, which could lead to greater political participation. Voters will also become educated with regards to issues that become ballot initiatives.  Allows for policy decisions to be made outside of the special interest lobbying that occurs in Washington, lobbying which occasionally borders on corruption.  Gives ordinary citizens the opportunity to make a significant difference.  Increases voter turnout and erases apathy by getting more citizens involved in the voting process Arguments in Opposition  Allows a majority to ignore the interests of a minority, especially with regards to civil rights and civil liberties. In state elections, citizens have rarely voted in favor of civil rights legislation.  Undermines the intent of the founding fathers when separating powers and creating checks and balances. Specifically, legislatures and courts often appear undemocratic when exercising their constitutional powers in a manner that opposes ballot initiatives or referendums—and they are also less likely to do so.  Many political measures are unpopular, yet necessary in a functioning society (e.g. taxes). These could be struck down by ballot initiatives at the national level.

 Puts policy decisions in the hands of those less informed than elected officials.  Provides interest groups with substantial resources the opportunity to gain outcomes not favored by, or beneficial to, a majority. Sources Cronin, Thomas. ―Direct Democracy.‖ Frantzich, Stephen. Citizen Democracy, 2nd Edition. Gamble, Barbara. ―Putting Civil Rights to a Popular Vote.‖

1) Precedent- A judicial decision that may be used as a standard in subsequent similar cases. 2) Judicial Review- The authority of a court to declare legislative an executive acts unconstitutional/invalid. 3) Symbolic Speech- An action of non-verbal statement that conveys a certain message upon viewing it. (protected by the 1st amendment) 4) Prior Restraint- A government agency‘s act to prohibit the publication of certain material or speech before the fact. 5) Free Exercise Clause- Created to protect the people‘s right to practice any religion freely or to practice no religion at all. Establishment Clause- Created to build a wall between church and state, to protect the people from religious influence on their government. Citizen Groups: (Public Interest Groups); Logic: Ch. 13 p.505-512, 520-532; Lecture notes (11/28) They are groups of individuals who come together for an issue or cause. Citizens groups are a type of interest group (an association that exists to represent a collection of individuals before gov‘t). These groups propose initiatives, recall, etc. They are basically factions. The groups that have more money are heard more. Citizen groups often use the media to get themselves heard. Ex: PETA, Greenpeace, NRA, Love Canal Homeowners Association, The Sons of Liberty (throwing the Boston Tea Party). They appeal to the general public for support of a group‘s goals. Different views about interest groups: Madisonian-political system needs to encourage a multitude of interests and int groups so that no single int group gets too powerful/ tyrannical; Tocquevillian-sees our propensity to form associations as a blessing, not a curse (int groups teach people to work tgth, compromise, become involved in politics);

Pluralistic-access to gov‘t is possible through int groups. Wants groups to flourish so all groups get a seat at the table (where Madisonian wants them to flourish to cancel each other out); Schattschneider-―flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper-class accent‖—more money; more power. [What are the exact amount of states that have initiative and recall? I‘ve read several different numbers] Barbara Gamble, ―Putting Civil Rights to a Popular Vote‖ - The majority has indeed used its power to deprive minorities their civil rights - Housing and public accommodations for racial minorities, school desegregation, gay rights, English language laws, and AIDS policies - Complementary direct democracy needs approval of state legislatures - Substitution direct democracy can bypass the entire system of government - Mostly, the majority group puts the ballot initiatives up for vote…tyranny of the majority…78% of outcomes defeated minority interests - Legislative initiatives often are born as a result of legislatures seeking to protect minority rights - AIDS initiatives were the only successful campaigns that furthered minority rights Initiatives: Cronin: Direct Democracy (L) p.450-457; Barbara Gamble: Putting Civil Rights to a Popular Vote; Lecture notes (11/30) They are a form of direct democracy (rule by the people as opposed to rule by elected representatives). An initiative puts a statute to vote by the public; initiatives are laws proposed by petition. Initiatives are when citizens, collecting signatures on a petition, place advisory questions, memorials, statutes, or constitutional amendments on ballot for citizens to vote on. About 24 states have initiative process (18-consititutional). They have become frequently used since 1970s (Vietnam, Watergate—general distrust and dislike of the gov‘t increased initiative use). Amount of initiatives increased by 150% during 1980s. Initiatives show a very cynical view of gov‘t. Steps: 1) writing the text of the law; 2) request for title and summary: Attorney General prepares the official summary of the initiative measure. Some states make you pay a fee (~$200). Attorney General determines if a fiscal analysis is necessary 3) petitioning: need a certain percentage of signatures equal to about 5-15% (each state varies) of total votes cast for Governor at last election. Constitutional amendments often require more. Each signature requires a declaration with it. Some states have time period to collect signatures (like 150 days). 4) Filing & get on ballot—pass with majority vote. Pros: promote gov‘t responsiveness and accountability; process will create open, educational debate on critical issues that might be inadequately discussed; nonviolent means of political participation that fulfill citizen‘s right of petition the gov‘t for redress of grievances; increase voter turnout (give citizens more role in gov‘t); legislators often avoid tough issues b/c of reelection so initiatives make them deal with the issues. Cons: citizens not well informed enough about complicated matters to vote well; TV ads can convey wrong/bias message; influence by special interests groups with money; there will be tyranny by the majority. Some data prove that initiatives are discriminatory and prevent civil rights; other data say the opposite.

Recall: Thomas Cronin: Direct Democracy (L) p.450-457; Lecture notes (11/30) 18 states permit recall of elected officials. It‘s when the people remove a public official from office before the next election. First step to recall is to file a notice-of-intent-torecall petition written in proper legal language and signed by voters equal in number to a certain percentage of the last vote for that office. States require anywhere from 10-25%. (Ex: in CA it was 12% for the Governor; it would be 20% to recall state legislators). The recall passes with a majority vote. Some states have other restriction such as a 160-day signature collection period. Interest groups are often the one‘s starting the recall. Recall can take place in two ways: a simultaneous recall and election of a replacement official on same ballot; or two separate ballots/elections (one to recall, one to elect someone new). Pros: way for citizens to have control over elected officials who are not representing the best interests of the citizens. Makes officials be delegates more the trustees. Cons: lead to excess of democracy; undermined the principle of electing good officials and giving them a chance to govern until the next election. It can lead to abuses by wellfinanced special interest groups. Ex: CA recall of Governor Gray Davis on Oct. 8, 2004. Gray Davis recalled because: lied about budgetary matters to gain reelection, lied about plan to raise taxes, pushed for new form of taxation via the internet, mishandled the huge power crisis, etc. An interest group called People‘s Advocate (an anti-tax group), the Republican Party, the Libertarian Party, and the American Independent Party helped to get the recall passed in CA. 54% of Californians voted to remove him after he was 11 months into his second term. Schwarzenegger took his place. Thomas Cronin, ―Direct Democracy‖ - Recalls, initiatives and referendums are not the cure all, but they have shown to be effective in most circumstances. The public generally puts the burden of proof on the contending argument, and mostly goes in favor of the status quo. - They serve as a needed check on a lethargic of unresponsive government - California‘s Proposition 13. Voters cut property taxes in half…Controversial situation. More votes for the proposition than for the same-day gubernatorial race

Howard Jarvis: Frantzich: Ch. 12 p.118-127 He was a former publisher and businessman who was fed up with paying high taxes in CA. He had been unsuccessful at politics in the past, but he was determined to get Proposition 13 passed—it did on June 6, 1978. Prop 13: basically a referendum on unnecessarily high property taxes. It reduced property taxes by about 57%. Prop 13 limited property taxes to 1% of assessed value and calculating that value only when property is sold rather than on its current market value. This made it so people didn‘t lose their houses because of the increase in property tax. It took 16 years and about $100,000 of his money for Jarvis to get it passed. Jarvis got various tax-cutting organizations to work together. He used the media to get attention—some bad, some

good—which is crucial. Timing was key—LA was having a major tax crisis right around the time of Prop 13 and it concentrated public attention on Prop 13. 65% of voters approved it. Pros: allows people who bought their homes years ago to hold onto them. Cons: creates a ―lock-in‖ effect when senior citizens don‘t move. Hard for new families to find homes—they have to pay higher prices/taxes. The lost tax revenue hurts gov‘t services—infrastructure, schools, etc. Leads to more local gov‘t dependence on state gov‘t. Lois Gibbs: Frantzich: Ch. 9 p.85-96; In Our Own Backyard (Movie) In Love Canal, Niagara Falls, NY Hooker Chemical company dumped over 200 different compounds; many toxic, 12+ cancer causing in the land. The chemicals caused skin irritation, cancer, seizures, strokes, birth defects, miscarriages, etc. Gibbs got involved in June 1978 when she found out that the school her son attended was built on the chemical site. Her son has seizures, low white blood cell count, urinary problems, etc. She asked the superintendent if she could move her kid to another school and he said no. So Gibbs starting asking neighbors to help. She found out neighbors had major problems too. Gibbs stirred up attention and got a public meeting held. Studies show chemicals are dangerous. The state health commissioner announced evacuation of pregnant women and children under 2. People got scared—Gibbs became Pres. of Love Canal Homeowners Association (LCHA). Next day, Pres. Carter declared ―state of emergency‖ in Love Canal (1st man-made emergency). Gov‘t gave $4 mill to cleanup area. Residents feared property value would decline and others were scared to loose pensions from Hooker. Gibbs used media to get attention. LCHA held 2 EPA workers hostage to get attention from gov‘t. Gov‘t evacuated pregnant women and children under 2 in ring one (homes closest to site), then all of ring one, then ring 2 (Gibbs house). Gov‘t scared to est. precedent and assign blame to gov‘t. Pres. Carter then said State of NY should temporary relocate about 700 families in LC. Then about $15 mill federal grant given to NY to buy houses and to cleanup area. Process took 2 years—Gibbs got divorced. Now she‘s an activist deeply involved in cleaning up toxic waste areas. LC incident shows: activists are made, not born; use media to advantage; costs of being an activist; pressure gov‘t a lot; use science to prove your point (toxic chem. reports). Radical Flank Effect: Lecture Notes (12/5) It‘s when there is a part of a protest group that is willing to take lots of risk. These risky ones make then less-radical, normal protestors look reasonable. The normal protestors get heard b/c the protest target would rather listen to the normal protestors than the radical ones. Examples: Candy Lightner who founded MADD (mothers against drunk driving) told a story about how she marched into the office of a state legislature who had been convicted of drunk driving, and prior to her relating her interest in pushing for stiffer fines, she stated that she was pushing for the death penalty for drunk drivers. When she told the legislators what she was actually asking for, he was so relieved she wasn‘t pushing for the death penalty that the fines sounds like nothing. Justice for Janitors: William Greider: Who Will Tell the People p. 482-491

Washington, D.C.: Janitors working in the nice office buildings in DC were getting really low wages at the edge of poverty ($4.75/hr). They weren‘t getting benefits and they don‘t get many hours b/c janitor staff size is double the normal size. These buildings didn‘t hire union janitor‘s b/c they cost more. Their tactic for getting heard was though public shame—harassing and embarrassing their employers by picking outside the buildings, handing out leaflets in employers neighborhoods, crashing parties. They handed out leaflets at a charity gala. After many weeks of pressure and rude confrontation, DC janitors got what they wanted—better wages, union contracts. This situation proves the system works, but that you have to contact the power directly, persistently, and sometimes rudely.

What is the party press? The party press evolved because the cost of producing newspapers in the midnineteenth century was very high. This was due to both the nation‘s poor transportation system and also the inefficient printing process of the time. However, it was not until the emergence of the first political parties in the late 1700s that newspapers and politics became linked. The Democratic-Republican and Federalist parties quickly created newspapers that would support their party platforms. Obviously, these early newspapers did not even make an attempt to publish objective journalism. Soon, economics demanded that the parties actually subsidize the papers, creating an inextricable bond between politics and the media. Andrew Jackson is notorious for his role in the party press, having appointed fifty-seven editors to patronage positions. A system developed in which publishers and editors were at the mercy of the politicians who employed them. As a result, a newspaper‘s survival depended on the fervor with which they promoted candidates and attacked competitors. This intense relationship called into question the freedom of the press. What changes led to its demise? Advances in printing technology had enormous effects on the nature of the newspaper business. In the 1830s, these improvements lowered costs and allowed the papers to expand their audiences. The party press became the ―penny press‖; as a result, the publishers were no longer beholden to the parties to keep their businesses afloat. What journalistic norms have evolved since? As circulation expanded rapidly, so did the realm of news covered by newspapers. No longer was the news dominated by politics, and certainly not with the partisan fervor that characterized the 18th century. Instead, power fell into the hands of megapublishers like Joseph Pulitzer and William Randolph Hearst. Suddenly, the newspapers had power over politicians, as they dominated mass communication in America. Of course, newspapers no longer have this kind of control, as radio, television, and Internet compete for their same audience. With all these media, it is far more difficult today for any one source to have a monopoly over the national news.

Plessy v. Ferguson (1896) Backround: This case arose from an incident involving shoemaker Homer Plessy who was 7/8 white but was still, as defined by law, black. Plessy violated the Jim Crow laws by sitting in an "whites only" railroad car, and appealed his case in the Supreme Court. Constitutional Question: Does segregation infringe upon one's rights under the 14th amendment, which guarantees one equal protection of the laws, and can separate be equal? Decision: The Supreme Court ruled that the 14th amendment's guarantee of equal protection under the law applied exclusively to political equality and not social equality; therefore, it is perfectly acceptable to, if desired, denote the social inferiority of blacks so long as political equality is preserved. Significance of Case: Ruling in favor of the Jim Crow laws, the Supreme Court validated segregation and ensured its survival for the next half century. Miranda v. Arizona (1966) Backround: This case arose from an incident involving an indigent man, Ernesto Miranda, who was arrested for kidnapping and rape. Miranda was identified, by the victim, in a police lineup, and thus police took him into custody. After Miranda was interrogated by police, without an attorney present, he signed a confession, at the top of which read that he had signed the confession "with full knowledge of my legal rights, understanding that any statement I make may be used against me." During the trial both police testified that Miranda had not in fact been read his rights; however, the judge still deemed the confession admissible, and Miranda was found guilty. Arizona's supreme court upheld the conviction, and the case was then appealed at the U.S. Supreme Court. Constitutional Question: Was Miranda protected under his 5th amendment rights protecting one from self incrimination, and are statements obtained from a "defendant questioned while in custody or otherwise deprived of his freedom of action in any significant way" admissible if he was not informed of his rights? Decision: Overturning the lower courts' decisions, the Supreme Court ruled that Miranda's 5th amendment rights were violated, and that safeguards are necessary to prevent self-incrimination. Delivering the opinion of the court, Chief Justice Warren asserted that "custodial interrogation exacts a heavy toll on individual liberty and trades on the weakness of individuals." and that "such an environment is created for no purpose other than to subjugate the individual to the will of the examiner." Significance: Today all suspects must be apprised of there 5th amendment rights which state: one has the right to remain silent, that anything one says may be used against one in

a court of law, that one has the right to the presence of an attorney, and that if one cannot afford an attorney one will be appointed to one prior to questioning.

Gideon v. Wainwright (1963) Anthony Lewis, ―Gideon‘s Trumpet‖ Backround: This case arose from an incident involving a fifty-one year old white male, Clarence Earl Gideon, who virtually spent the duration of his life in and out of jail. Gideon had already served time for four previous felonies, and was currently serving a five year sentence for a conviction of "breaking and entering with the intent to commit a misdemeanor, to wit, petty larceny." Gideon was arrested for breaking into the Harbor Poolroom in Panama City, Florida, and was then tried. During his trial, Gideon's request for counsel was denied. While incarcerated, Gideon requested the Supreme Court hear his case, allowing him to proceed in forma pauperis. Constitutional Question: Were Gideon's 6th amendment rights violated by not allowing him the right to counsel? Decision: Emphasizing the difficulty with the decision in Betts v. Brady, Justice Black delivered the opinion of the court, declaring that no man, however intelligent, can conduct his own defense. Therefore, Gideon's 6th amendment right to counsel was violated. (fortas) Significance: Every defendant in the U.S. is now guaranteed a fair trial, for one's 6th amendment right to counsel ensures that one receives adequate defense. This decision was "swift and constructive," relieving the problem of the underrepresented indigents. The Supreme Court had successfully incorporated the 6th amendment into the 14th amendment. Barron v. Baltimore (1833) Backround: This case arose from road repairs, which caused a serious buildup of sand and gravel in the area of John Barron's wharf. Such an obstruction prevented Barron from accessing deep-bottomed vessels. Constitutional Question: Did the city of Baltimore infringe upon Barron's 5th amendment rights which forbid the public use of private property without just compensation? Decision: Unanimously ruling against Barron, the Supreme Court declared that Barron's 5th amendment rights had not been violated, for the Bill of Rights only pertained to the actions of the national government. The courts were unable to offer relive from the "excesses of state and local governments."

Significance: This ruling represents a states' rights victory, which removed civil liberties from the national agenda for nearly a century; the Bill of Rights was rendered virtually meaningless. Dickerson v. United States (2000) Backround:Petitioner Dickerson was indicted for bank robbery, conspiracy to commit bank robbery, and using a firearm in the course of committing a crime of violence. Before trial, Dickerson moved to suppress a statement he had made at a Federal Bureau of Investigation field office, on the grounds that he had not received "Miranda warnings" before being interrogated. However, two years after the Miranda trial, Congress enacted a law which precluded the necessity for Miranda Rights. Constitutional Question: Whether the Miranda decision, being a constitutional decision of this Court, may be overruled by a legislative Act of Congress? Decision: No, a constitutional decision may not be overruled by a legislative Act of Congress. Significance: Reaffirmed the sixth article of the Constitution, the Supremacy Clause, which states that the Constitution is the supreme law of the land. PGA vs. Martin - Americans with Disabilities Act of 1990 - Request by disabled golfer Casey Martin to ride a golf cart in professional tournaments - Would allowing Martin to use a cart fundamentally alter a PGA tournament? - Martin was allowed to use a cart in professional tournaments. Judge Stevens issued the final ruling Campbell and Davidson, ―Gay and Lesbian Issues in the Congressional Arena - Lobbying for small changes may be the only realistic course of action - Gay rights groups spend much of their time blocking anti-gay legislation - Gay marriage issue - Passage of the defense of marriage act and defeat of the Employment NonDiscrimination act was a major defeat for progay activists - PACs and political contribution as well as grassroots efforts will be the key to getting more issues on the table Jeffrey Birnbaum, ―The Lobbyists‖ - Explanation of the life of Wayne Thevenot, a Washington lobbyist - He sprang into action for a realty group when Bush announced higher taxes - Explained his life as a tv affiliate, an elevator operator, a congressional aid, then a lobbyist. He was as well known ―as an old shoe‖ to Congresspeople, and that‘s how he liked it


								
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