American Political Culture and the Federal Judicial System

Definition and Context of Culture

• Culture is defined as the set of shared attitudes, values, goals, and practices that characterize an institution, an organization, or a society.
• Contexts of culture include:   - National cultures (e.g., American, British, German, Norwegian, or Swedish).   - Social media trends have recently discussed Swedish culture regarding practices such as not sharing food.   - Organizational culture: Different departments or universities (e.g., Lamar University political science versus other institutions) have unique values and practices.   - Business and economic cultures: Studying the relationship between people and economic or political institutions.

Individual Political Ideology and Core American Values

• Political ideology is an individual's specific set of attitudes, values, goals, and practices regarding politics and economics.
• There are four core values central to American political culture that define an individual's ideology based on how they understand and apply them:   - Liberty (or freedom).   - Popular consent/Popular sovereignty.   - Individualism.   - Religious faith and freedom.

Politically Relevant Values and Beliefs

• Values are broad principles that individuals support and adhere to. Four specific values are widely accepted in American culture:   - Liberty: A strong support for basic freedoms, such as the freedom of religion and the freedom to own guns.   - Equality: The principle that all people should be treated equally under the law and have equal opportunities for economic success. This emphasizes "equality of opportunity" (having the same starting line) rather than "equality of result."     - Historically, this was a reaction to the British monarchy, where the monarch was viewed as the giver of law and above the law.   - Individualism: A focus on rewarding individual hard work and labor while limiting government restraints on the individual.   - Rule of Law: A belief in the legitimacy of political and legal institutions, starting with the Constitution and including democratic norms like the prevalence of majority opinion.

The Spectrum of Political Ideology

• Ideology exists on a wide spectrum rather than categorical boxes.
• Moderate: Positions located in the center of the spectrum.
• The Left: Moving farther left from the center leads to liberalism, then to progressives, and finally to revolutionary groups like communists.
• The Right: Moving farther right from the center leads to conservatism, then to groups like the alt-right and reactionaries such as fascists.
• Individual values serve as a psychological guide for the purpose and scope of government, allowing people to evaluate elected officials and policies.

Partisanship vs. Ideology

• Ideology is a philosophical guide for government scope.
• Partisanship is a psychological attachment to a specific party regardless of what the party says or stands for.
• Characteristics of partisanship include:   - Identity integration: The party becomes a part of one's personal identity (e.g., being white, female, Catholic, and a member of a specific party).   - Unquestioning loyalty: Placing the party above negotiation or compromise; an attack on the party is viewed as a personal attack on the individual.

Detailed Profiles of Conservatives and Liberals

• Conservatives (Right of center):   - Favor a smaller, less activist federal government (though may support active state governments).   - Want limited social welfare programs (e.g., food benefits, unemployment, workers' compensation, WIC, job retraining).   - Seek reduced government regulation and "red tape."   - Favor government activism specifically to enforce traditional values on social issues and promote strong families.
• Liberals (Left of center):   - Favor a more active federal government to address the fact that not everyone is born at the same starting line.   - Emphasize social welfare programs for the poor or disadvantaged.   - Advocate for individual freedom and believe a strong federal government is needed to protect rights uniformly across all $50$ states.

Political Socialization and its Agents

• Political socialization is the lifelong process through which individuals acquire political beliefs and values.
• Research suggests a possible genetic component to ideology, though brain development continues until age $24$.
• Agents of Socialization (Ranked from most to least important):   - Family: The most important agent for children until age $5$. Approximately $75\%$ of children adopt the same party identification as their parents.   - Peers: Classmates and friends expose individuals to ideas that may challenge family norms. This becomes more nuanced between ages $11$ and $13$.   - School: Institutions that teach symbolic ideas, patriotism, nationalism (e.g., the Pledge of Allegiance), and the positive role of a citizen in a democracy.   - Race and Ethnicity: Historically persecuted or discriminated groups (e.g., Black, Latinx, Asian American) often view politics through a "shared linked fate." Overwhelmingly, $97\%$ of the Black community identifies with the Democratic Party.   - Age: Genereational differences (e.g., Baby Boomers vs. Millennials vs. Gen Z) affect views on the role of government.   - Religion: Protestant heritage (Mainline Protestants like Episcopalians, Methodists, and Baptists) has a long history in American politics. Ethics and national holidays are often steeped in this heritage.   - Gender: Historically the least important agent in politics. Women do not share a "linked fate" in the same way racial groups do; education, region, and socioeconomic status are more significant predictors of how women vote.

Political Preferences and Engagement

• Preferences include attitudes regarding candidates and policies, such as raising the minimum wage to $\$15$ an hour.
• Pew Research (2017) data indicates:   - The general public includes core conservatives ($13\%$), moderate conservatives, solid liberals, and bystanders ($8\%$ who do not participate).   - Registered voters are more polarized than the general public.   - Politically engaged individuals (those who vote, donate, or contact congressmen) are much more partisan than the general population: $20\%$ are core conservatives and $26\%$ are solid liberals.

The Federal Judicial System Goals and Structure

• The federal judicial system oversees federal law and disputes between states or the federal government.
• Two primary goals:   - Protect the sanctity of the Constitution from the other branches (Congress and the President).   - Protect individual rights against societal and governmental oppression (state, local, or private actors like bakers or the business Hobby Lobby).
• Structure of the Supreme Court:   - Nine justices appointed by the President and confirmed by the Senate (e.g., Kataji Brown).   - Hears about $100$ cases per year.   - Life appointments to keep justices "apolitical" and above politics.

Constitutional Basis and History of the Supreme Court

• Article III of the Constitution: The shortest and least detailed of the three branches.
• Jurisdiction types:   - Original Jurisdiction: Hearing a case for the first time.   - Appellate Jurisdiction: Hearing a case on appeal from a lower court.
• Federalist Papers No. 78 (Hamilton): Argued the judicial branch is the "least dangerous" because it lacks the "sword" (enforcement) and the "purse" (money), possessing only judgment.
• Judiciary Act of 1789: Created the framework for the current federal court system (District, Circuit/Appeals, and Supreme Court).
• Historical Milestones:   - The Supreme Court building was not completed until $1935$; before this, justices worked in various rooms and coat closets.   - Chief Justice William Taft: Only person to serve as both President and Chief Justice; push for a dedicated building to show the court's equal footing.   - John Marshall: Fourth Chief Justice (served $34$ years); shaped the modern court.   - Marbury versus Madison ($1803$): Established Judicial Review—the power to declare acts of Congress or the President null and void if they are unconstitutional.

Higher and Lower Court Operations

• Lower Federal Courts:   - District Courts: Trial courts where initial federal cases (e.g., counterfeiting/printing fake money) are heard.   - Circuit Courts: Appeals courts consisting of $15$ courts nationwide. Appeals are heard by a committee of three justices.
• State Courts:   - Most legal cases (e.g., murder trials) happen in state courts.   - Hierarchy: State Trial Court $\rightarrow$ State Appeal Court $\rightarrow$ State Supreme Court $\rightarrow$ Federal Supreme Court.
• Appointments and Vacancies:   - President fills over $3,500$ positions globally, many of which are judges.   - Senatorial Courtesy: The President typically consults state senators when a vacancy occurs in a district court in their state.

Common Law and Precedent

• Psyducees (Stare Decisis): Latin for "stand by things decided." Decisions made today are based on past decisions.
• Common Law System: Used in $48$ out of $50$ states to ensure consistency and stability in justice.
• Louisiana: Operates on a "Code system" (book of laws) rather than common law.
• Precedent: The rule that adherence to previous decisions must be the standard to maintain faith in even-handed justice.