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Citizens United v. FEC

Nonprofit group Citizens United produced a critical movie about Hillary Clinton and intended to broadcast it within 30 days of the 2008 democratic primaries; they argued that BCRA (Bipartisan Campaign Reform Act of 2002) violated their first amendment right to free speech for prohibiting corporations from using their general treasury funds for ads

The Court held 5-4 that the first amendment prohibits the government from restricting independent political expenditures by groups; restricting spending is unconstitutional, but BCRA’s mandate that groups identify who paid for their advertisements still stands

This case created Super PACs, a surge in political spending, and the rise of dark money

Shelby County v. Holder

The Voting Rights Act of 1965 required areas with histories of racial discrimination in voting to get preclearance from the federal government prior to changing voting laws; Shelby County, Alabama, argued that these requirements were outdated and violated state sovereignty

The Court held 5-4 that while the goal of preventing discrimination is valid, the data used to determine which states needed oversight was outdated, rendering preclearance inoperable until Congress passed a new formula

Buckley v. Valeo

Following the Watergate scandal, Congress amended the FECA in 1974 to strictly regulate campaign finance; this law created limits on contributions and established the FEC. Senator James Buckley challenged these limits, arguing that they violated free speech

The Court held that the limits on how much an individual or group can give to a candidate’s campaign still stands, justified by the aim to prevent corruption. Contributions CAN be limited, but expenditures cannot. Spending is essential for spreading political speech. 

“Money is Speech”; set the precedent for Citizens United v. FEC

Linkage institutions are channels that allow individuals to communicate their preferences to policy-makers: 

  • Parties 

  • Interest groups 

  • Elections 

  • Media

  1. The 14th Amendment granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people. 

  2. The 15th Amendment granted African American men the right to vote. 

  3. The 17th Amendment changed the practice for electing Senators from a vote by state legislatures to a direct vote by the people. 

  4. The 19th Amendment granted women the right to vote. 

  5. The 24th Amendment eliminated poll taxes, a structural barrier to voting. 

The 26th Amendment lowered the voting age to 18.

  • Rational choice voting refers to individuals who base their decisions on what is perceived to be in their best interest. 

  • Retrospective voting refers to individuals who decide whether the party or candidate in power should be reelected based on the recent past. 

  • Prospective voting refers to individuals who vote based on predictions of how a party or candidate will perform in the future. 

  • Straight ticket voting refers to individuals who vote for all of the candidates from one political party on a ballot.
    Types of Democracy

Representative democracies can take several forms including the following models: 

  • Participatory democracy, which emphasizes broad participation in politics and civil society

  • Pluralist democracy, which emphasizes group-based activism by nongovernmental interests striving for impact on political decision making

  • Elite democracy, which emphasizes limited participation in politics and civil society

Federalist 10: Large republic controls factions

Brutus 1: Big central government eliminates personal liberty

Political Parties:

The functions and impact of political parties on the electorate and government are represented by: 

  • Mobilization and education of voters 

  • Party platforms 

  • Candidate recruitment 

  • Campaign management, including fundraising and media strategy 

  • The committee and party leadership systems in legislatures

Key Terms:

  1. Linkage institutions

    1. Groups that connect people to the government and help turn public opinions into action; citizens “linked” to government (political parties, interest groups)

  2. Party Platform

    1. A political party’s list of beliefs and policy goals; what it supports and what it plans to do if elected

  3. Candidate-centered campaigns

    1. Elections where the focus is placed on the individual candidate rather than their political party

  4. Critical elections/Realigning elections

    1. Major elections that cause long-term shifts in which political parties are dominant and how people vote

  5. Proportional systems of representation

    1. Electoral systems where political parties get seats based on the percentage of votes they receive

  6. Single-member districts

    1. Electoral districts where only one candidate wins the seat

  7. Voting Rights Act of 1965

    1. Banned racial discrimination in voting

  8. 14th Amendment

    1. Equal protection under the law

    2. Citizenship to anyone born or naturalized in the US

  9. 15th Amendment

    1. The government can’t deny someone the right to vote based on race or color

  10. 17th Amendment

    1. Direct election of US senators

  11. 19th Amendment

    1. Women have the right to vote

  12. 24th Amendment

    1. Banned poll taxes in federal elections

  13. 26th Amendment

    1. Lowered the voting age in the US from 21 to 18

  14. rational-choice voting

    1. Where voters make decisions by weighing the costs and benefits of each candidate or policy to maximize their own advantage

  15. retrospective voting

    1. Voters judge an elected official based on what they have already done in office

  16. prospective voting

  1. Voters judge a candidate based on what they think they will do in the future

  1. straight ticket voting

    1. When a voter chooses all candidates from the same political party on the ballot

  2. Political efficacy

    1. The belief that your actions and vote can influence government and politics

  3. Structural barriers to voting 

    1. Rules and laws that make it harder for certain people to vote; poll taxes, literacy tests, etc

  4. incumbency advantage

    1. The benefit current officeholders have when running for re-election

  5. primary

    1. An election where voters choose who will represent a political party in the general election

  6. closed primary

    1. A primary election where only registered party members can vote for that party’s candidate

  7. open primary

    1. A primary election where voters can choose which party’s primary to vote in regardless of party

  8. caucus

    1. A group meeting where party members gather to discuss and vote for their preferred candidate

  9. party conventions (for selecting a party’s candidate at the state level)

    1. A political party officially selects its presidential candidate and sets its platform

  10. national party convention

    1. A large meeting where a political party officially nominates its presidential candidate and announces its platform and running mate

  11. run-off

    1. A second election held if no candidate wins a majority in the first round

  12. balancing the ticket (Pres and VP)

    1. When a presidential candidate chooses a running mate who has different strengths/appeals to different voters

  13. dealignment (increasing tendency for people to not align with either party)

    1. When voters stop strongly identifying with a political party; where people become less loyal to parties and vote more independently

  14. turnout (Pres and Midterms)

    1. The percentage of eligible voters who actually vote in an election

  15. midterm election - which elections happen?

    1. A national election held halfway between presidential elections

  16. divided government

    1. Different political parties control the presidency and congress

  17. safe seat

    1. A Congressional seat where an incumbent is very likely to win

  18. gerrymandering

    1. The redistricting of Congressional maps in order to favor one demographic over another

  19. coattail effect

    1. When a popular presidential candidate/party leader is able to attract votes for another candidate in their party

  20. lame duck

    1. An elected official serving out the rest of their term when they won’t be running for reelection

  21. Interest Group

    1. Organizations who want to influence politics, public policy, and elections

  22. amicus curiae briefs

    1. Legal documents submitted to a court in support of plaintiff or defendant

  23. party coalitions

    1. Different voting blocs that make up a political party (like Evangelical Christians)

  24. Iron Triangles

    1. Relationship between congressional subcommittees, bureaucratic agencies, and interest groups TO achieve a common goal

  25. Issue Networks

    1. Like iron triangles but can include groups like activists or experts

  26. AARP

    1. Interest group for Americans age 50+

  27. free rider

    1. People who benefit from the work of an interest group without donating to it

  28. grassroots

    1. Political organization that starts with ordinary people

  29. Political Action Committee (PAC) 

    1. Groups that donate money to candidates, but have a strict spending limit imposed by the FEC ($5,000/candidate)

  30. 527 group

    1. Political influence groups that can raise an unlimited amount of “soft money” for candidates, but must disclose their donors. Cannot coordinate directly with election campaigns (but it still happens anyway) and do not expressly advocate for any candidate 

  31. 501C groups

    1. Nonprofits that can receive unlimited funds without disclosing their donors (dark money) and donate whatever they want to candidates as long as the donations account for less than 50% of their funds

  32. superPACs

    1. Can raise and spend an unlimited amount of money on a political candidate, but can’t coordinate directly with an election campaign. Created out of Citizens United

  33. Dark money

    1. Political spending made by undisclosed donors

  34. independent expenditures

    1. PACs spending money to advocate for/against a candidate without contacting an election office

  35. issue advocacy

    1. Political advertising focused on policy instead of candidates

  36. electioneering

    1. Efforts by political/interest groups to try to sway an election

  37. quid pro quo

    1. A politician does something in exchange for favors (associated w/ bribery)

  38. soft money

    1. Unregulated political donations made to parties instead of candidates

  39. Federal Election Campaign Act of 1971 and its amendments

    1. Regulated campaign finance

      1. Amendmentments

        1. Established FEC

        2. Contribution limits (hard money)

        3. Disclosure requirements

        4. Public financing

  40. FEC

    1. Enforces campaign finance laws

  41. Bipartisan Campaign Reform Act 

    1. Restricted soft money donations

  42. Stand by your ad provision

    1. Part of BCRA, requires candidates to disclose that they approve a political ad they make

  43. Disclosure requirements

    1. Legal requirements that force some groups to disclose the names of people who donated to them

  44. Participatory Democracy Theory

    1. Citizens are actively and directly involved in political decisionmaking

  45. Pluralist Democracy Theory

    1. Power is spread among many different interest groups and parties that compete to influence government into alignment with their values

  46. Elite Democracy Theory

    1. Power is attributed to a select group of wealthy or highly educated individuals; they have the most influence over government decisions

  47. horse race journalism

    1. Focuses on polling data and who is winning or losing instead of actual platform issues

  48. agenda setting

    1. The media’s ability to pick which issues enter the public perception, gatekeeping what people think about

  49. media as watchdog

    1. The media monitors the government and powerful groups with the aim of exposing wrongdoing and upholding accountability