Political Science 1 Midterm Study Guide

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Divided Government

• Presidents “go public” when they engage in intensive public relations to promote their policies to the voters and thereby induce coooperation from other elected officeholder. 

• "Going Public" - pioneered by Roosevelt and Wilson.

•  The president does direct communication with the mass public in a effort to exert greater control over the details of the congressional policy process. 

• Going public can backfire on a president.

“Going Public”

• Presidents “go public” when they engage in intensive public relations to promote their policies to the voters and thereby induce coooperation from other elected officeholder. 

• "Going Public" - pioneered by Roosevelt and Wilson.

•  The president does direct communication with the mass public in a effort to exert greater control over the details of the congressional policy process. 

• Going public can backfire on a president. 

Free Rider

• Indivals can receive the benefits from a collective activity wheather or not they helped pay for it, leaving them with no incentive to contribute. 

• "When each individual finds it in her self-interest to defect from cooperating (free-ride), even though cooperation would have left all individuals better off

• Individuals reap the benefits of collective action regrardess of weather they pay any of the costs. 

• Free riding = under production 

• Coercion takes place so that people don’t free ride.

Jim Crow System

• Displays that race was an enduring cleaving in American politics

• Created a long legacy of voter suppression in the Southern state

  The Gradual Rise of Jim Crow

  • Initially Violence and Fraud

  • After 1890: Aggressive Legislative Assault on Voting Rights (including for poor whites)

Aftermath of Failure of First Reconstruction: Rise of Jim Crow System

• South enacted segregation laws. Upheld by Court in Plessy v. Ferguson, 1896 ("separate but equal") 

• Disenfranchisement of African Americans

• White primary

• Poll tax

• Literacy test 

• Grandfather clause

Articles of Confederation

• Drafted by the second continental congress 

• The founders thought they put in place a workable mix which would force office holders to work with each other.

• Only limited to legislative powers. 

• No executive branch or judiciary 

• Created a government too weak to address the basic and troubling problems that the states collectively faced at the time. 

• Anything would have been more effective than the articles of confederation. Police Patrols

Police Patrols

• Type of oversight in which Congress directly monitors agencies to ensure they are implementing laws faithfully, doing this visibly so bureactires will notice they are being watched and stay in line. 

• Labor Intensive

“Fire Alarms”

• The type of oversight in which congres does not act directly but instead sets up processes that alllow organized groups and private individals to detect failures and in the implementation of laws to alert congress 

• Design procedures so that fire alarms can be pulled

• Rely on organized allies

“Long 1960s”

The Rise of Washington 

• Federalism at the turn of the century 

• The progressive movement 

• The new deal

• The “long 1960s” 

• “The era of big government”

Supremacy Clause

• A clause in the constsistion declaring that national laws are the “supreiem” law of the land and therefore take precede over any laws adpoted by states or localities.

• Supremacy Clause replaced veto over state laws [Did Madison really lose here?]

• Supremacy Clause: Constitution and national laws are ““supreme Law of the land; and the Judges insupreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Clean Air Act

• Economic growth fuels demand for “luexary good” (clean air, education, healthcare) 

• Came out of bidding war between democrats and republicans 

• Big Expansion of National Authority Over Pollution (with California waive authority)

• Tight Regulations – limited discretion for Nixon administration

• This was a sign of different political parties working together. Bush worked with a Democrat.

Collective action problem

• Solving collective action problems isn’t always good but it often is something that is going to produce better results.

• Very widespread 

• Inportant part of social life

•  Sometimes good social outcomes depend on collective action problems not being solved. 

• The larger the group, the bigger the challenge

• Its easier to work in small group settings.

• Collective Action Problems are everywhere

• Collective action problems are central to politics 

Southern Realignment

• South Slowly Shifts from Democrats to Republicans

• The Birth of Polarization? Divide between “Liberal” and “Conservative” Party becomes Clearer 

• Beginnings of “Sorting” Process

Filibuster

• Rules (and Norms) Have Varied Over Time

• Why keep the filibuster?

• Takes “50+1” to Change “The Rule of 60”

• Makes some senators more powerful as individuals – a great platform

• Offers “insurance” for Moderates who fear what their majority might do

• But can the Senate function with BOTH the filibuster and partisan polarization? High potential for gridlock.

Principal-Agent Problem (Delegation)

• “Principal-Agent Theory” – the logic of delegation.

• Elected officials are the “principals”;  bureau is the “agent.”

• In U.S. there are two principals

• President and Congress jointly control design, staffing, funding of bureaucracy

• Principles are the decision making authority. 

• Agenents do the work that they are delegated. They do the work on behalf of the principles.

Unilateral Action

• An increasingly attractive alternative 

• Unilateral action refers to decisions or policies enacted by a president without the consent or approval of Congress,

• Presidential signing statements are perhaps the most exotic, because most recent, of unilateral leadership tools.

• Presidents have increasingly used unilateral actions, such as executive orders,

• to make policy independent of Congress.

The Power of Unilateral Action

• Louisiana Purchase

• Annexation of Texas

• Freeing of Enslaved People (emancipation proclamation)

• Designation of public lands for a system of national parks

• Japanese-American Internment (WWII)

Constraints on Unilateral Action 

• Statutory Restrictions 

• Policed by Courts

• Congress Can Respond (maybe)

• Reversal by Successor

Veto Point

•  power of the president to reject bills passed to both houses of Congress. A veto can be overridden by two thirds vote in each house. 

• Can be overridden by Congress with ⅔ majority in each chamber but its hard to override.  

• The Constitution gives the president a qualified veto. 

• It is the only veto in the constitution Former

Extended Republic (Federalist #10)

• Multiple sites of authority -- checks and balances, separation of powers, federalism – create fragmented, shifting factions

• The mischiefs of faction (esp. majority faction)

• Control factions through “extended republic”

• Representation as filter (see Gary Wills)

• Prevents majority faction from dominating

• Control factions through “extended republic

• Small republic vs extended republic 

• Madison wanted multiple factions

“Ambition must be made to Counteract Ambition” (Federalist #51)

• To prevent democratic backsliding 

• Give each branch the means and motive to defend self ambition. 

• Give the government what it needs to govern itself

• Ambition must be made the cornerstone of self-government

1890: The Last Gasp of Reconstruction

• Republicans Seek to Pass a “Force Bill” (Protecting Black Voting Rights in the South)

• Big Push: Close to Abolishing the Filibuster

• Democrats Counter:

• Proposals on Finance to Increase Demand for Silver

• Success! Eight (Mostly Western) Republican Senators Defect, “Force Bill” Fails

Reconstruction: Seeking Durable Reform

• Can Gains be Consolidated?

• Rights for African-Americans 

• Republican Foothold in the South

• A Moment of Partisan Advantage 

• South temporarily Excluded

• Big Republican Majorities

The Assault on Reconstruction

• Redeemers” Organize to Challenge Republican Rule and Reassert White Supremacy

• Rise of the Ku Klux Klan -- Mounting Violence

• Federal Government Initially Resists

• 1876 – Hayes/Tilden. Resolved disputed election: Hayes (Republican) becomes President; federal troops removed.

• 1878 Democrats Gain Control of Congress. Enforcement of Reconstruction Act Rapidly Declines. States reassert contro

Candidate-Centered Elections

Decline of Candidate-Centered Politics 

•  Nationalized Interest Groups and

• Campaign Finance

• Nationalized Media (decline of local news)

• Nationalized Party Brands

• Much Stronger Party Attachments

• Split-ticket Voting Falls

•  Independents “in name only” 

• Hard to Shape Candidate Reputation

• Example: 1982 vs. 2010

Incumbency Advantage

High reelection rate Suggestive

• BUT could just be a sign that districts favor one party or the other

• Critical to distinguish between (personal) incumbency advantage and (structural) party advantage

  Evidence of Incumbency Advantage: surge””

• Member A: first elected with 52% of voteMember A: first elected with 52% of vote

•  Member A: wins reelection two years later withMember A: wins reelection two years later with

Sixteenth Amendment (Federal Income Tax)

• Revenue and the Rise of Washington

  • How Much Money?

  • Who Pays? [Democrats and some Republicans want to reduce tariffs]

• Push for a National Income Tax

• Blocking Role of the Courts

• The 16th Amendment

•  War and the Consolidation of Federal

Voting Rights Act

• End literacy tests, poll taxes

• Federal officers could be sent into the state to register voters directly.

• "Covered states” had to obtain “pre-clearance” from Justice Dept. before changing election laws.

• Results:

  • African American registration / turnout soared

  • Number of African American elected officials increased dramatically 

White Primary

• Part of the aftermath of the failure of the first reconstruction

Shelby v. Holder (2013)

• 5-4, Chief Justice Roberts writes Majority Opinion (At Confirmation: “The existing Voting Rights Act, the constitutionality has been upheld and I don’t have any issue with that.”)

• Rules that Coverage Formula in Section 4 is Outdated and Unconstitutional. Scalia:“Perpetuation of a Racial Entitlement") 

Legislation Announced Three Weeks After Shelby v. Holder

• One week less Early voting (2.5 million used)

• No Same Day Registration (100,000)

• No Extended Hours for “extraordinary circumstances” (long lines)

• No Pre-Registration of 16/17 year olds (50,000 in Civics classes)

• Strict Voter ID (300,000 didn’t have)

• Absentee Ballots excluded from ID requirement (Republicans 31% of registered voters but cast 50% of absentee ballots)

Statutory Interpretation

• Source of judicial power

• the process where courts interpret and apply legislation

Social Security Act

• Political Pressure: The Townsend Movement

• Design of Social Security (most popular program ever?)

  • Payroll taxes (low visibility)

  • “Earned Benefits” (FDR: “no damn politician”)

  • Lots of Benefits Up Front

Marbury v. Madison

• The court slowly built judical review based of this. 

Establishing Judicial Review: Marbury v. Madison, 1803 Adams’’ “

• Adam’s“Midnight appointee”” Marbury requested court order (writ of mandamus) for Madison to hand over his commission as Justice of Peace

• What if Court ordered Madison to hand over the Commission?

• Instead, claimed lack of jurisdiction – declared relevant section of Judiciary Act unconstitutional

  • Required no one to do anything

Judicial Review: Marbury v. Madison

Chief Justice Marshall: “It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.”

“Laboratories of Democracy”

This concept explains how within the federal framework, there exists a system of state autonomy where state and local governments act as social laboratories, where laws and policies are created and tested at the state level of the democratic system, in a manner similar (in theory, at least) to the scientific method.

“Race to the Bottom”

• “Competative federalsim” (with political “race to the bottom”) limits goverment activity 

Chevron v. Natural Resources Defense Council

Chevron vs. NRDC (1984): If Statute is Ambiguous on a Question, defer to Agency if their actions are based on a “permissible construction of the statute.”

“The Counter-majoritarian difficulty”

• Power to Unelected Judges

• Distinguish Normative from Positive (Empirical) Analysis. Not “is this good?” but “what are the effects?”

• Answer Depends Partly on How Judges Make Decisions

“Politicians in Robes” - Lens #2: Judges as Strategic Politicians  (”Politicians in Robes”)

• Do not face reelection constraint

• Three main goals:

• Preserve public legitimacy of Court. Otherwise, risk losing power need to justify their decisions in terms of legal arguments and reasoning.

• Policy / ideological goals – view of good policy, role of government (liberal,conservative)

• Support for partisan team?

Which of the following best describes statutory interpretation?

1. The act of one person or body authorizing another person or body to perform an action on its behalf

2. The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid

3. The process by which courts decide and interpret what a law means and then apply that law in context.

4. The power of Congress to approve or reject a presidential appointment

The process by which courts decide and interpret what a law means and then apply that law in context.

(2) Which of the following best describes a free rider?

1. Someone who pays dues to the UAW Local 2865 union

2. Someone who has received the COVID-19 vaccine

3. Someone who attends civic protests and demonstrations 

4. Someone who doesn’t contribute to a group project but receives the same grade as all other group members

Someone who doesn’t contribute to a group project but receives the same grade as all other group members

(3) Which is NOT an example of unilateral action?

1. Presidential Memorandum 

2. State of the Union Address 

3. Executive Order

4. A Signing Statement

State of the Union Address 

(4) Which of these cases overturned the preclearance formula in Section 4 of the Voting Rights Act?

1. Marbury v. Madison

2. Chevron v. Natural Resource Defense Council

3. Shelby v. Holder

4. Miller v. Johnson

1. Shelby v. Holder

(5) Responding when alerted that there is “trouble,” or being reactive when notified of a concern/complaint about something happening within in the executive branch refers to:

1. Fire alarm oversight

2. Police patrol oversight

3. Judicial review

4. A Writ of Certiorari

Fire alarm oversight

(6) Supreme Court justices cannot be removed from their position except for by impeachment.

True

(7) Authority held by independent states and delegated to the central government by consensus agreements best describes which system of government?

1. Unitary system

2. Federation

3. Confederation

4. Oligarchy system

Confederation

(8) The strategy in which the President pressures Congress by appealing to the American electorate for support is known as:

1. Bargaining/Persuasion

2. Going public

3. Unilateral action

4. A signing statement

Going public

(9) Which of the following scenarios best illustrates the “counter-majoritarian difficulty” in the Supreme Court’s role within American democracy?

1. The Supreme Court upholds a new law restricting campaign donations that was passed by a near-unanimous vote in Congress.

2. The Supreme Court invalidates a campaign-finance law that had overwhelming support in both houses of Congress and among the public.

3. The Supreme Court allows a new federal agency regulation to stand, citing the agency’s “specialized expertise.”

4. The Supreme Court refuses to hear a case on procedural grounds, letting a lower-court decision stand.

The Supreme Court invalidates a campaign-finance law that had overwhelming support in both houses of Congress and among the public.

10) What are the key feature(s) of a bureaucracy?

1. Complex structure of offices, tasks, and rules.

2. Hierarchical organization with specialized employees. 

3. Charged with implementing policies.

4. All of the above.

5. Only (a) and (c).

All of the above.

(11) Section Article VI of the Constitution declaring that national laws are the law of the land and therefore the federal constitution, and federal law take precedence over state laws is called:

1. Checks and balances

2. The Supremacy Clause

3. The Take Care Clause

4. The Necessary and Proper Clause

The Supremacy Clause

(12) The term used to describe government when one political party controls the executive branch and the other political party controls one or both houses of the legislature is best defined as:

1. A polarized government

2. A unified government

3. A divided government

4. A dual-principal problem

A divided government

(13) The first American governing document was:\

1. The Declaration of Independence

2. Articles of Confederation

3. U.S. Constitution

4. The Federalist Papers

Articles of Confederation

(14) Article I of the Constitution gives Congress the power to:

1. Declare war

2. Command the armed forces and military

3. Change state boundaries

4. See that laws are faithfully executed

Declare war

(15) Drawing Congressional districts lines for political gain is known as:

1. Filibustering

2. Grandstanding

3. Logrolling

4. Gerrymandering

Gerrymandering

(16) Which of the following is a formal power of the president?

1. Veto

2. Persuasion

3. Going public

4. Threatening veto

Veto

What is the primary purpose of the filibuster in the Senate?

1. To expedite the legislative process by limiting debate time on proposed bills

2. To allow minority parties to delay or block legislation by prolonging debate 

3. To ensure that all bills are passed with a simple majority vote

4. To give the President the authority to veto legislation passed by Congress

To allow minority parties to delay or block legislation by prolonging debate 

Which was NOT a component of the Articles of Confederation?

1. Weak central government

2. States’ sovereignty & state power

3. No Executive Branch

4. Separation of powers

Separation of powers

Candidate-centered elections have a higher incumbency advantage than party-centered elections.

True or False?

True

(20) A candidate highlighting their role in passing the Affordable Care Act during their campaign. This is an example of which of the following?

1. Advertising

2. Credit Claiming

3. Position-taking 

4. All of the above

Credit Claiming

(21)  The power of a court to declare a statute or act of a government unconstitutional and therefore void is:

1. Impeachment procedure

2. Statutory interpretation

3. Judicial review

4. Executive privilege

Judicial review