APGOVPO 25-26 Notes - Daniel Jackson

Unit 1 - Foundations of American Democracy

1.1 - Ideals of Democracy

Unit 1: Ideals of Democracy

1.1: John Locke’s Social Contract Theory

Q: What are the influences of the founding era of the United States?

• British Constitutional System
  • The American colonies were founded by charters that brought the English government to the New World.
  • Magna Carta
  • English Bill of Rights
  • English Common Law
  • Glorious Revolution
• Political Philosophy and Historical Influences
  • John Locke
  • Baron de Montesquieu
  • Greek Democracies
  • Roman Republic
  • Iroquois Confederacy
• Colonial Traditions
  • Colonial Legislature
  • Local Courts
  • Emerging Free Market Traditions
  • Property Interests
  • Economic Recession
  • Changes in Population

Seeking a Limited Government

• Natural Rights
  • Derived from the Creator, granted to all humanity
  • John Locke, Two Treatises —
    • “Reason, which is that Law teaches all Mankind, who would but consult it, that being all equal and independent, no one ought to harm another in his Life, Health, liberty, or Possessions.”
• Social Contract
  • Humankind surrenders most extreme rights ot self-preservation so they can enter into a commonwealth to protect natural rights.
• Popular Sovereignty
  • If all members of the commonwealth are equal in natural rights, then all retain power. Decisions about the state's actions are made through the consent of the governed.
  • John Locke, Two Treatises —
    • “Government can never have the Power to take to themselves the whole or any part of the subject's Property, without their consent. For this would be in effect to leave them no Property at all… must not raise Taxes on the Property of the People, without the Consent of the People, given by themselves, or their Deputies.”
• Republicanism
  • The consent of the governed is expressed through regular elections that appoint representatives by the electorate.

1.1 (cont.) Declaration of Independence

Contextualizing the Declaration:

• The state legislature elected delegates to represent Pennsylvania at the Continental Congress in 1776.
• Functions as a de facto National Congress to coordinate political, economic, and military responses to the British colonial policy in the 13 colonies
• Delegates approved a resolution to declare the thirteen colonies as independent and sovereign states on July 2, 1776.
• Signed a petition to King George III and Parliament officially declaring independence from the British on July 4, 1776.

Dissolve: Bring to an end.

Dissolve the political bands: Declare independence

Laws of Nature: Natural Rights

Nature’s God: The Creator

Impel: Drive, force, or urge someone to do something

When a group breaks away politically from another, those breaking away need to explain why.

Practice:

• Define unknown words
• Summarize ideas
• Analyze for course concepts
• Analyze for course concepts
• Identify the main idea or the claim
• Highlight relevant words and phrases that support the claim
• Generate unanswered questions

We hold these truths to be self-evident, that all men are created equal, that their Creator endows them with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

Endowed: Provide with a quality, ability, or asset.

Unalienable: Unable to be taken away from or given away by the possessor.

Summarized text ideas: Everybody is created equally, and all possess the right to Life, Liberty, and the Pursuit of Happiness.

Course Concepts:

Questions:

• What are the truths that are to be self-evident, stated in the text before the passage?
• Why would the author use the Singular version of Life and Liberty, but happiness is not a natural-born right — only the pursuit of it is?

Content Review:

• It is a non-justiciable, organic law of the United States of America
• Best understood as a frame to understand the principles underlying our government structure
• Based on Lockean ideas of a republican form of government based on consent of the governed through a social contract
• The Declaration of Independence is written in the form of a petition to King George III, consisting of:
  • Preamble
  • Rationale
  • 27 Grievances
  • Redress

1.2 - Types of Democracy

1.2 - Types of Democracy

• Participatory
  • Policymaking institutions are influenced by citizens directly - ex, (HOA, School, Voting, Jury Duty, Campaigns, etc.)
• Pluralist
  • Policymaking institutions are influenced by non-governmental groups (Voting, Writing Letters to the editor, Volunteering, joining a civic group, COLLECTIVE ACTION)
• Elitist
  • Policymaking institutions are influenced by the wealthy and powerful (Writing/Calling reps, meeting with policymakers, presenting ideas to lawmakers)

Antifederalist: Those who do NOT want to ratify the Constitution

Federalist: Those who DO wish to Ratify the Constitution

Montesquieu believed that geography influences:

• Culture
• Economy
• Politics
• Other aspects of the human community

Brutus 1

• Brutus deals with many reasons not to ratify the US Constitution (Antifederalist).
• One of the first documents written in the Anti vs Pro-Federalist debate
  • “We have a problem representing interests over such a large territory.”
    • Core argument of Brutus 1
    • How can the people's interests be supported in a government this size?
  • If this sounds like we are talking bout republicanism and consent of the governed, it’s because we are.
  • Baron de Montesquieu
    • “... free republic cannot succeed over a country of such immense extent, containing such several inhabitants, and these increasing in such rapid progression as that of the whole United States”
    • Beliefs:
      • Culture
      • Economy
      • Politics
      • … and other aspects of the human community
    • Therefore, geographical diversity can lead ot significant differences in interests.
    • “Small republics” are better than large ones because they make it easier to identify one’s interests, which are more homogeneous.
    • “... natural to a republic ot hav eonly a small territory, otherwise it cannot long subsist.”
    • For US citizens to be able to self-govern, we need representatives who know what our interests are
    • When we don’t know our interests, we will create chaos within the system
• Brutus 1 democratic theory (summary):
  • Participatory democracy
  • Small republics make it easier for the government to understand and act on behalf of citizens
    • The present thirteen states have nearly 3 million people, and it will grow
    • The interests of these people are too varied
      • Representatives cannot know the remote culture and interests of all
      • It is too hard for the people to influence the government

Federalist 10 (Brutus 1 Rebuttal)

• Madison & Pluralism
  • I. - Humans are trifling; we love our factions
    • Factions are self-interested
    • They are a consequence of our natural rights
    • The most common source is inequitable property distribution
    • Factions destroy liberty
  • II. - Government could control them or destroy them, but… that destroys liberty, too.
• “By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest …”
• What are alternative methods to control factions in a large state?
  • III. - Democracies can allow for citizen input, but direct democracies are flawed
    • “… pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction.”
  • IV. - The best way to minimize tyranny is through a federal republic.
    • “... to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens…”
    • “... the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose."
    • “The federal constitution forms a happy combination in this respect; the great and aggregate interests, being referred to the national, the local and to the state legislatures.”
  • V. - Extend the sphere and make a marketplace where ideas compete to prevent tyranny.
    • “Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive ot invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength…”

Federalist 10 democratic theory (summary):

• Democratic Theory:
  • Pluralist
• What is the claim of the author?
  • The interests of citizens can best be protected when factions found in a large republic appoint representatives whose interests compete with other interests equally.
• What evidence does the author provide to support their claim?
  • The majority in relatively small districts elect representatives
  • Representatives' interests compete with other representatives’ interests nationally
• What reasoning is used to justify their argument?
  • Like-minded representatives protect minorities from other districts.
  • More ideas mean less likelihood of hurting minorities.s

BIG IDEA:

The U.S. Constitution establishes a system of checks and balances among the branches of government and allocates power between the federal and state governments. This system is based on the rule of law and the balance between majority rule and minority rights.

1.3 - Gov't Power & Individual Rights

• The Articles of Confederation gave most power to the states, and a weak national government
• Constitutional Convention (1787):
  • Delegates designed a stronger national government, but not tyrannical like a monarchy
  • Draft sent to 13 state legislatures for ratifying conventions
  • Needed 9/13 states to ratify
• The Constitution was widely published, which divided reactions among Americans.

Opposing Beliefs

• Federalists vs. Anti-Federalists —> deep debate over ratification
• Arguments widely circulated in newspapers, especially the Federalist Papers vs. the Brutus Essays

Federalist Position

• Key Leaders: James Madison, Alexander Hamilton, John Jay
• Beliefs:
  • A strong central government protects the rights of all citizens
  • Prevents abuses by states and factions
  • Diversity of a large republic prevents domination by one group
• Federalist No. 10 (Madison):
  • Main threat = factions (interest groups)
  • Can’t eliminate factions, but effects can be controlled
  • Large republic = many competing factions —> prevents majority tyranny
  • Advocated for representative, pluralist democracy

Anti-Federalist Position

• Key Leaders: Patrick Henry, George Mason
• Beliefs:
  • Wanted the power to remain with the states
  • Strong central government = danger of monarchy/tyranny
  • Demanded a Bill of Rights to protect individuals
• Brutus No. 1:
  • Warned against the consolidation of power under the Constitution
  • Large republic = citizens too far from leaders —> weak accountability
  • Necessary and Proper Clause + Supremacy Clause —> unlimited federal power
  • Advocated for small, local republics where rulers know the people

Federalist vs. Anti-Federalist Comparison

• Federalists
  • Supported a Strong national government
  • Believed the Constitution already protected rights
  • Though representatives (elite, educated) were best suited to govern
  • Feared factions could harm the nation —> a large republic would dilute them
• Anti-Federalists
  • Wanted more state power
  • Demanded the Bill of Rights for liberty protections
  • Believed more people should directly participate in government
  • Feared elites gaining too much power

Foundational Documents

• Federalist No. 10 (Madison) —> pluralism, factions, controlled by a large republic
• Brutus No. 1 —> warned of dangers of centralized government, argued for small republics

1.4 - Challenges of the Articles of Confederation

Articles of Confederation

• Articles of Confederation - 1781
  • Massachusetts Constitution 1780
  • Pennsylvania Constitution 1776
  • Virginia Constitution 1776
  • South Carolina Constitution 1776
• What are the Articles of Confederation?
  • Constitution
    • The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
  • Treaty
    • A contract in writing between two or more political authorities (such as states or sovereigns), formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.
  • Legislature
    • Unicameral, called Congress
  • Ratification
    • Unanimous consent required
  • This agreement leaves the state sovereignty in place
    • Legislation passed with 2/3rds in Congress; one vote per state
    • Amendments need 100% support in Congress and 100% support from state legislatures
    • Money cannot be forcibly collected from states
    • Standing armies cannot be raised without support from the state
  • Intense concern about a tyrannical central government
  • Cultures, economies, and politics of individual states are only marginally influenced by the national body.
  • Problems abound for those with political power
    • No compulsory ability to fund debts or policies
    • Cannot regulate interstate or international trade
    • Cannot raise a compulsory army
    • All states had one vote regardless of population or economic size
    • No executive to carry out laws
    • No judicial branch to settle disputes between states
    • Too difficult to pass legislation or amend the Articles

Challenges of the Articles of Confederation

• Why did the Articles of Confederation fail?
  • No compulsory ability to fund debts or policies
  • Cannot regulate interstate or international trade
  • Cannot raise a compulsory army
  • All states had one vote regardless of population or economic size
  • No executive to carry out laws
  • No judicial branch to settle disputes between states
  • Too difficult to pass legislation or amend the Articles
• Several events between the close of the Revolutionary War and 1787 frightened the elites of several states:
  • Shays’s Rebellion
    • The MA Constitution reflected the interests of elite merchants over those of primarily poor and indebted yeoman farmers.
    • Several thousand individuals from mostly western towns shut down courts and tried to seize a federal armory.
    • Fear that class insurrection would spread through states
  • Territorial Disputes
    • Frustrations between land speculators and settlers bring the states to the threat of war.
    • Yankee Pennamite War in Northwest Pennsylvania
    • Settlement of Verment by Green Mountain Men
    • Land disputes in Georgia led to illegal speculation on Native lands
  • Economic recession
    • States pay back debts to wealthy American and foreign investors at different rates, which throws the economy into turmoil.
    • Trade with the British stagnates, threatening the economy
    • Poor veterans paid in deeds to land often sell deeds for depreciated value to maintain financial obligations
• Further threats to the independence of the 13 American States stemmed from the ineffective structures of the Articles. Namely, the confederal structure.
  • Which form of government does the author prefer — unitary, confederal, or federal? What evidence and reasoning are provided?
    • Claim: Federal Farmer prefers a system of partial consolidation to ensure protection of property and “steady execution of laws,” but not the federal system found in the US Constitution.
      • Evidence: different laws and customs exist in other states under the Constitution.
      • Reasoning: A uniform system of laws from consolidated central power will not provide equal benefits in protecting property and executing laws effectively.
      • Evidence: the confederation does not have an adequate delegation of powers to provide ordered liberty
      • Reasoning: does not protect property and enforce laws as necessary.

1.5 - Ratification of the U.S. Constitution

Essential Question: What was the ongoing impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system?

The Constitutional Convention:

• 55 delegates met in 1787 to design a stronger government
• Task: Unite diverse groups under one governing body.
• Result: Willingness to compromise

Competing Interests

• Delegates had differing opinions on:
  • Representation in Congress
  • Slavery
  • Executive branch powers
  • State vs. national power

Constitutional Compromises

• Differing Plans
  • Virginia Plans (Edmund Randolph, James Madison):
    • 3 branches: executive, judiciary, bicameral legislature.
    • The people elect the lower house; the lower house elects the upper house.
    • The national government is supreme over the states.
  • New Jersey Plan (William Paterson):
    • Equal representation for states
    • State sovereignty maintained
    • Limited national government power
    • No national court system

Major Compromises

• The Great Compromise
  • Resolved the dispute between large & small states
  • Two-house Congress:
    • House of Representatives: based on population
    • Senate: 2 senators per state (equal representation).
• The Three-Fifths Compromise
  • Issue: Should enslaved people count toward the population?
  • Decision: 3 of the five enslaved people counted for representation.
  • Gave Southern states more political power in the House.
• Importation of Enslaved People
  • Congress was forbidden to ban the slave trade until 1803 (20 years after ratification).
  • Fugitive Slave Clause: required escaped enslaved people to be returned.
• Electoral College
  • Debate: Should the president be chosen by Congress, the states, or the people?
  • Compromise:
    • Each state decides how to choose electors
    • Electoral votes = total representatives + senators
    • People vote for electors, and electors choose the president
• Commerce Compromise
  • Debate: Congress regulates trade
  • Resolution:
    • Allowed Congress to regulate interstate and foreign trade
    • Tariffs are permitted on imports, but not on exports.

Articles of the Constitution

• Article I: Legislative Branch
  • Bicameral legislature (House + Senate).
  • The people elect the House; state legislatures originally elect the Senate
  • Longest article (10 sections)
  • Shows framers’ emphasis on representative lawmaking.
• Article II: Executive Branch
  • Defines presidency
  • President: Commander-in-Chief of the army/navy
  • Oversees foreign affairs and executes laws.
  • Goal: to avoid monarchy and. ensure effective leadership.
• Article III: Judiciary
  • Establishes the Supreme Court + lower courts (created by Congress).
  • Judges serve during “good behavior”
  • Handles federal law, disputes among states, and government officials
• Article IV: Relation Among States
  • Full Faith and Credit Clause: states must respect other states’ laws, records, and rulings
  • Citizens are entitled to privileges and immunities across states
  • Extradition required
• Article V: Amendment Process
  • Amendments proposed by:
    • ⅔ Congress OR convention called by ⅔ states
  • Ratification requires approval from ¾ states.
  • Balance of rigidity and flexibility
• Article VI: National Supremacy
  • Supremacy Clause: The Constitution is the supreme law of the land.
  • No religious test for office
• Article VII: Ratification
  • The Constitution becomes effective after nine of the 13 states ratify it.

Ratification and Bill of Rights

• Ratification
  • Required by state conventions
  • Some delegates refused to sign (e.g., George Mason)
  • Concern: lack of protection for individual rights
• Bill of Rights
  • Anti-Federalists insisted on a list of guaranteed rights
  • Madison compiled proposals into the 10th Amendment (ratified in 1791)
  • Protects freedoms:
    • Amendment I: Religion, speech, press, assembly, petition
    • Amendment II: Right to bear arms
    • Amendment III: No quartering of troops
    • Amendment IV: Protection from unreasonable searches/seizures
    • Amendment V: Due process, self-incrimination, double jeopardy
    • Amendment VI: Fair/speedy trial, right to defense, and witness
    • Amendment VII: Jury trials in civil cases
    • Amendment VIII: No cruel/unusual punishment
    • Amendment IX: Rights not listed are still retained by the people
    • Amendment X: Powers not given to the federal government are reserved for the states/people

Constitutional Debates Today

• The Constitution has remained the U.S. governing document for 230+ years
• Many debates from 1787 are still relevant:
  • Role of the federal government vs. the states
  • Rights of individuals vs. the authority of government

Individual Rights and 9/11

• Tension between civil liberties and federal security heightened after 9/11
• Ex: Government surveillance following the 2001 attacks
• President George W. Bush said, “Whether we bring our enemies to justice or bring justice to our enemies, justice will be done.”
• USA PATRIOT Act (2001):
  • Gave the federal government expanded surveillance powers:
    • Tapping phones, monitoring emails, detaining immigrants, sharing intelligence
  • Strong bipartisan support initially
  • Criticized for violating the Fourth Amendment (privacy, protection from unreasonable searches).
  • Impact: Muslim communities were especially affected, but all Americans lost privacy
• Edward Snowden (2013):
  • Leaked info on bulk government surveillance
  • Revealed widespread data collection beyond public awareness
• USA Freedom Act (2015):
  • Reformed PATRIOT Act
  • Phased out bulk phone/internet data collection
  • Set strict limits on government surveillance

Education: National Goals, State Management

• Education policy is traditionally left to states (10th Amendment)
• Federal involvement increased in the 20th century
• Key turning points:
  • Elementary and Secondary Education Act (1965):
    • Signed by LBJ
    • Directed federal funds to poorer schools
    • Response to civil rights and Cold War pressures
  • No Child Left Behind Act (2002)
    • Focused on standardized testing, accountability, and sanctions for underperforming schools
    • Criticized for unrealistic standards (80% of schools couldn’t meet goals_.
  • Race to the Top (Obama)
    • Incentives for states to improve education and adopt new standards
  • Every Student Succeeds Act (2015):
    • Replaced the No Child Left Behind Act
    • States set their own standards, with federal oversight
    • Maintained protections for disadvantaged students

Key Connections to Essential Question:

• Political negotiations and compromises continue beyond 1787:
  • Security vs. liberty (PATRIOT Act, Freedom Act)
  • State vs federal authority (education reforms)

1.6 - Principles of American Government

Framers’ Design

• Goal: Deliver the people’s will & preserve democracy.
• Separation of Powers: divides government into three branches (legislative, executive, judicial)
• Checks and Balances: each branch can limit the powers of the others
• Draws from Enlightenment ideas (16th-18th century)

The Three Branches in Practice

• Legislative Branch
  • Congress = House (435 members) + Senate (100 members)
  • Main powers:
    • Make laws
    • Control funding
    • Shape foreign policy
  • Work done through committees (10-40 members each)
  • Access Points:
    • Stakeholders (interest groups, lobbyists) influence legislation
    • Citizens can contact lawmakers (letters, emails, town halls)
    • Media and CRS (Congressional Research Service) inform citizens
    • House & Senate debates broadcast on C-SPAN
• Executive Branch
  • Article II defines the presidency
  • Growth in size:
    • Washington’s presidency: a small Cabinet, a few hundred employees.
    • Today: 20 Cabinet members, 2.7+ million federal employees
  • Access Points:
    • Agencies (e.g., EEOC, FBI, DEA) where citizens can file complaints or report crimes.
    • The Federal Election Commission provides information on campaign donations.
• Judicial Branch
  • Supreme Court + lower federal courts
  • Key power: judicial review (declare laws/actions unconstitutional)
  • Protects civil liberties & checks other branches
  • Access Points:
    • Citizens can sue the government, appeal wrongful convictions, or challenge unfair laws
    • Landmark rulings shape rights (e.g., equal schools, marriage rights).

Separation of Powers

• Legislative: writes and passes laws (bicameral process)
• Executive: enforces laws, shapes policy, commands military
• Judicial: interprets laws, resolves disputes, reviews constitutionality
• Prevents concentration of power in one branch
• Federal courts and Senate confirmation further limit the executive

Foundational Document: Federalist No. 51 (Madison)

• “If men were angels, no government would be necessary.”
• Argues for:
  • Separation of powers to prevent tyranny
  • Checks and balances to limit abuses
  • The government must govern, but also govern itself.
  • Protection of minority rights against majority rule

Checks and Balances

• Legislative <—> Executive:
  • Congress passes bills; the President can veto
  • Congress can override a veto with a two-thirds majority
  • Pocket veto: President ignores bill at session’s end —> bill dies
• Advice and Consent (Senate):
  • Must approve presidential appointees (judges, Cabinet).
• Impeachment:
  • The House brings charges
  • Senate holds trial (⅔ vote required for removal)
  • Example: Johnson, Clinton, and Trump were impeached but not removed
• Judiciary:
  • Declares laws or executive actions unconstitutional

Modern Applications

• Religious Freedom Restoration Act (1993): limits government interference in religious practices
• Obama’s Executive Action on Immigration (2014): an example of the executive expanding policy power
• Clinton Impeachment Debate (1998): differing interpretations of presidential abuse of power

1.7 - Relationship Between States/Fed Gov't

Core Idea: Federalism

• Federalism = division of power between the national and state governments
• Framers balanced:
  • National power to meet the needs of the new republic
  • State sovereignty to protect liberty and local control
  • The Constitution creates checks & balances across branches and between levels of government

Constitutional Provisions Defining Federalism

• Article I, Section 8: Enumerated powers of Congress (e.g., tax, regulate commerce, declare war, necessary & proper clause).
• Article I, Sections 9-10: Limits on Congress and on states (e.g., no titles of nobility, no treaties, by states).
• Article IV:
  • Full faith and credit clause: states must respect other states’ records/laws
  • Privileges & immunities clause: states can’t discriminate against citizens of other states
  • Extradition clause: states must return fugitives
• Article VI: Supremacy clause — national law > state law
• Ninth Amendment: Rights not listed are reserved to the people
• Tenth Amendment: Powers not delegated to the U.S. are reserved to the states

Powers in the Federal System

• Exclusive powers (federal only):
  • Declare war, regulate interstate commerce, coin money, define immigration/naturalization, foreign policy, and piracy
• State powers (reserved/police powers):
  • Regulate health, safety, morals.
  • Elections, marriage/divorce laws, education, local government, law enforcement
• Concurrent powers (shared):
  • Levy taxes, define crimes, run courts, enforce laws, and improve lands

Overlap and Uncertainty

• Tensions arise when powers conflict
• Marriage:
  • Defense of Marriage Act (1996): defined marriage as a man + woman federally
  • Overgefell v. Hodges (2015): Supreme Court ruled same-sex marriage legal nationally (14th Amendment)
• Marijuana legalization:
  • States legalized recreational use (e.g., Colorado, Washington).
  • Conflict highlights supremacy clause vs. 10th Amendment.

Federal Grant Programs: Programs The federal government uses grants-in-aid to influence states

• Types:
  • Categorical grants: specific purpose, often with “strings” (conditions).
  • Block grants: broader purpose, fewer restrictions
  • Revenue sharing: money given with virtually no limits (rare)
• History:
  • Land-grant colleges (Morrill Act, 1862).
  • Federal highway construction (1916+)
  • New Deal (FDR, 1930s): massive expansion of federal aid.
  • Great Society (LBJ, 1960s): more grants for poverty & education
  • Nixon: promoted block grants + “special revenue sharing.”
  • South Dakota v. Dole (1987): upheld Congress's conditioning of the drinking age on highway funds

Mandates

• Federal mandates: requirements states must follow
• Can be funded or unfunded
• Examples:
  • Clean Air Act (1970)
  • Americans with Disabilities Act (1990): required accessibility in public facilities, costing states/localities billions
  • Motor Voter Law (1993): easier voter registration

Devolution

• Idea: return power to the states
• Reagan’s New Federalism (1980s): block grants, more local control
• 1990s reforms:
  • Unfunded Mandates Reform Act (1995): limited Congress’s ability to pass costly mandates
  • Personal Responsibility and Work Opportunity Reconciliation Act (1996): Transferred welfare programs to states, ending “big government” welfare.

1.8 - Const. Interpretations of Federalism

Federal Power (Constitutional Basis)

• Article I: Longest article, details congressional powers.
• Enumerated powers (Art. 1, Sec. 8): Tax, borrow money, raise army, coin money, regulate commerce, immigration/naturalization, postal system, piracy
• Commerce Clause: Congress regulates interstate/national trade
• Necessary and proper Clause (Elastic Clause): Grants implied powers — laws not listed but needed to carry out enumerated powers
• Limits on Congress (Sec. 9): No taxing exports, no ex post facto laws, no bills of attainder, no nobility titles, protect habeas corpus
• Limits on States (Sec. 10): No treaties, no coining money, no taxing exports

State Power

• Tenth Amendment (1791): Powers not delegated to the federal government are reserved to the states/people
• States handle: elections, marriage laws, education, interstate commerce, and police powers.
• Fourteenth Amendment (1868):
  • Citizenship to all born/naturalized in the U.S.
  • States can’t deny privileges & immunities.
  • The Equal Protection & due Process Clauses protect civil rights against state infringement.

Supreme Court & Federalism

• McCulloch v. Maryland (1819)
  • Issue: Could Congress create a bank? Could Maryland tax it?
  • Decision: Yes, Congress has implied powers under the Elastic Clause; No, states cannot tax federal institutions (supremacy clause).
  • Impact: Expanded federal power using implied powers.
• Gibbons v. Ogden (1824)
  • Issue: Steamboat monopoly, interstate commerce regulation
  • Decision: Federal government controls interstate commerce
  • Impact: Strengthened commerce clause authority
• Hammer v. Dagenhart (1918)
  • Issue: Child labor law — could Congress regulate manufacturing?
  • Decision: No, manufacturing is local, not commerce.
  • Impact: Limited federal power.
  • Later overturned by U.S. v. Darby (1941)
• U.S. v. Lopez (1995)
  • Issue: Could Congress regulate guns near schools under the commerce clause?
  • Decision: No (5-4). Gun possession near schools is not “commerce.”
  • Impact: First modern case to limit federal power under the commerce clause.
  • Concurring: Commerce power shouldn’t extend everywhere.
  • Dissenting: Gun violence affects education —> commerce
• U.S. v. Morrison (2000)
  • Issue: Violence Against Women Act (1994) under the Commerce Clause.
  • Decision: Struck down — domestic violence is not an economic activity.
  • Impact: Further limited federal commerce authority; tied to 14th Amendment interpretation.

Key Shifts in Federalism

• Dual Federalism (“layer cake”): Clear distinction of powers (19th century).
• Cooperative Federalism (“marble cake”): Overlap of state/federal power, especially after the New Deal.
• Modern era: Courts balance federal expansion with state sovereignty.

1.9 - Federalism in Action

Federalism and Policy

• Policy issues (e.g., air pollution) that cross state lines require action at both the federal and state levels.
• Multiple access points: Congress, the president, the Courts, and the states all influence policymaking
• Federalism ensures slower, more deliberate policymaking while protecting against rash policy decisions.s

Environmental Policymaking

• Executive Branch Leadership
  • Teddy Roosevelt (1901-1909): “Conservationist president.”
    • Set aside 230 million acres of public land.
    • Used executive power to create national monuments
  • Congress and Legislation
    • 1960s-1970s environmental movement —> Congress acted
    • Key Acts:
      • National Environmental Policy Act (1970): Environmental impact statements required
      • Clean Air Act (1970): Set standards for air quality, reduced contaminants
      • Clean Water Act (1972): Controlled pollutants in waterways.
      • Endangered Species Act (1973): Protected species and habitats
      • Love Canal disaster (1970s): Toxic waste in NY —> health crisis
      • Congress created Superfund: industry-funded cleanup insurance
    • Executive & Judicial Clashes
      • EPA (est. 1970): Oversees clean air, water, and waste cleanup
      • 2012 EPA regulation on mercury emissions —> 2015 Supreme Court overturned, citing costs not considered —> example of checks & balances
    • Climate Change Policy
      • Kyoto Protocol (1997): The U.S. signed, but the Senate rejected
      • Paris Agreement (2015): Obama joined via executive order (no Senate approval).
      • Trump (2017): Withdrew via executive order
      • State initiatives: California & others upheld Paris guidelines (cap-and-trade laws).

Political Participation and Policymaking

• Legalizing Marijuana
  • Reflects the tension between citizen attitudes and liberty versus order.
  • History:
    • Early 1900s: States outlawed marijuana
    • 1937 Marijuana Tax Act: First federal regulation
    • Controlled Substances Act (1970, Nixon): Marijuana listed as a Schedule I drug (high risk, no medical use).
  • Shift in Public Opinion:
    • 1970s-80s: NORML & advocacy groups pushed reform
    • 1996: California was the first state to legalize medical marijuana (Prop 215)
    • 2012: Colorado & Washington legalized recreational use
    • 2013: The Majority of Americans supported legalization
    • Ongoing: Some state initiatives succeed, others (e.g., Ohio 2015) fail.
• Federal vs. State Conflicts
  • Gonzales v. Raich (2005): The Supreme Court upheld federal authority to ban marijuana under the commerce clause, even if a state legalized it.
  • Obama DOJ (Eric Holder): Declared federal government wouldn’t enforce marijuana bans in legal states —> arrests decreased
  • Trump DOJ (Jeff Sessions): Renewed stricter enforcement, highlighting executive discretion

Shared Policymaking in Education

• Brown v. Board of Education (1954): Segregation unconstitutional.
• Elementary and Secondary Education Act (1965): Federal aid tied to state compliance
• No Child Left Behind (2002): Standardized testing accountability
• Every Student Succeeds Act (2015): Gave states more flexibility while maintaining accountability
• Controversy: Common Core standards sparked protests over federal overreach (an Example of federalism in action).

Unit 2 - Interactions Among Branches of Government

2.1 - Congress :The Senate & House of Reps.

Structure of Congress

• Defined in Article 1 of the Constitution: Bicameral legislation. This system operates on the principle of a working two-house system consisting of the Senate and the House of Representatives.
• Congress = 535 elected members and ~30,000 support staff.
• Bicameral design is a result of the Great Compromise, dictating that the number of representatives in the House would be allotted based on the number of senators in the Senate.
  • House: representation based on population (appointed every 10 years by census)
  • Senate: 2 members per state (equal representation)
• Created to represent both the citizenry at large and the states

Differences Between the House and Senate

• House of Representatives
  • Qualifications: 25 years old, U.S. citizen for 7 years, resident of the state.
  • Term length: 2 years, unlimited terms
  • Size: 435 members
  • Unique Powers:
    • Originates revenue (tax) bills
    • Initiates impeachment
    • Breaks ties in presidential elections (Electoral College)
  • Structure
    • Centralized, hierarchical
    • Rules Committee (majority party) sets agenda
    • Limited debate
    • Powerful Speaker of the House
    • Focus on revenue & spending
  • Senate
    • Qualifications: 30 years old, U.S. citizen for 9 years, resident of the state
    • Term length: 6 years, unlimited terms (staggered elections; ~⅓ Senate reelected every 2 years)
    • Size: 100 members
    • Unique Powers:
      • Advice and consent on presidential appointments
      • Ratifies treaties (⅔ vote)
      • Conducts impeachment trials
    • Structure:
      • Less centralized
      • Looser debate (filibuster allowed; can be ended by cloture)
      • Leaders are less influential except for the majority leader
      • Focus on foreign policy

Term Lengths and Representation

• House:
  • 2-year terms —> more responsive to public opinion
  • Represents smaller districts (~700,000 constituents per rep)
• Senate:
  • 6-year terms —> insulated from rapid opinion shifts
  • Represents entire states
• Reapportionment Act of 1929: fixes House membership at 435; seats are redistributed by census every 10 years

Powers of Congress (Enumerated in Article I, Sec. 8)

• Power of the Purse:
  • Raise revenue (tax)
  • Control spending/appropriations
  • Coin money
• Regulating Commerce:
  • Interstate + international trade
  • Basis for broad federal authority (e.g., Civil Rights Act, Affordable Care Act)
  • Limited in U.S. v. Lopez (1995)
• Foreign & Military Affairs:
  • Declare war
  • Raise/maintain armed forces
  • Fund military, foreign aid
  • Senate ratifies treaties (⅔)
  • Senate confirms ambassadors/high-ranking officials

Implied Powers

• Also called the Elastic Clause (Article I, Sec. 8)
• Congress can pass laws deemed “necessary and proper” to execute enumerated powers
• Landmark case: McMulloch v. Maryland (1819)
  • Upheld implied power to create a national bank
• Basis for expanding federal power (education, environment, marriage, etc.)

2.2 - Structures & Powers of Congress

Policymaking Structures and Processes

• Congress is divided by house, political party, leadership, and committee
• The majority party sets the agenda, controls leadership positions, and holds committee chairperson roles
• Standing committees: where most legislative work is conducted, especially in the House
• Committees = institutions of power, especially in tax and budget areas (e.g., Ways and Means Committee)

Leadership in Congress

• House of Representatives
  • Speaker of the House
    • The only leadership role is explicitly mentioned in the Constitution
    • Leader of the majority party, organizes floor debates, and controls committee assignments
    • Significant influence over legislative priorities
  • Majority & Minority Leaders
    • Direct party strategy, recognized first in debates
    • Spokespersons for party positions
  • Whips
    • Maintain party discipline, count votes, and pressure members to support party positions.
    • Communicate the leadership strategy to members
• Senate
  • Vice President
    • Constitutionally, they President of the Senate (rarely present)
    • Only votes to break ties
  • President pro tempore
    • Ceremonial role, usually held by senior members of the majority party
    • Presides in the absence of the VP
  • Senate Majority Leader
    • True power center in the Senate
    • Schedules bills, sets legislative agenda
    • First recognized in debate
  • Whips
    • Same role as in the House, to enforce party discipline

Committees

• Not in the Constitution, but vital since the 1st Congress
• Handle specific policy areas —> allow expertise
• Types of Committees:
  • Standing Committees: permanent, focus on policy areas (e.g., Finance, Foreign Relations).
  • Joint Committees: members of both houses address long-term issues (e.g., the Library of Congress).
  • Select/Special Committees: temporary, investigate specific issues (e.g., Benghazi, Global Warming).
  • Conference Committees: reconcile differences between House & Senate versions of bills
• Committee Chairs
  • Always from the majority party
  • Seniority often decides leadership
  • Incredible power in shaping legislation

Committees and rules Unique to the House

• House Rules Committee
  • Sets guidelines for debate and amendments
  • “Traffic cop” of legislation; decides what reaches the floor
• Committee of the Whole
  • Allows faster debate with fewer members (100 needed)
  • More relaxed rules than the whole House

How a Bill Becomes a Law

1. Introduction (House or Senate)
2. Committee Hearings/Markup
3. Committee Vote to Report Bill
4. Floor Debate and Vote
5. Conference Committee (if House/Senate pass different versions)
6. Final House & Senate Vote
7. The President signs or vetoes
8. Law codified and regulated

2.3 - Congressional Behavior

Influences on Congress

• Effectiveness shaped by:
  • Ideological divisions
  • Changing nature of the job
  • Citizens lawmakers represent
  • Methods of representation
• Partisanship —> Gridlock
  • Opposing parties block each other from moving legislation forward
  • Increased ideological divides; less compromise
• House voting districts
  • Gerrymandered to create one-party rule in many areas
  • Some districts are too safe, making elections non-competitive
• Elections & Campaigns
  • Bitter contests and long campaigns deepen divides
  • Lawmakers become more polarized

Partisanship and Polarization

• Congress has become increasingly partisan and uncivil
• From 1950s-70s, both parties had modersates; now fewer
• Southern democrats disappeared; Republicans became more conservative
• Party-line voting is now the norm
• Straying from the party can risk reelection

Voting Models

• Delegate model: Legislators act based on constituents’ wishes
• Trustee model: Legislators use their own judgment, not just public opinion
• Politico model: Mix of delegate + trustee; lawmakers balance public opinion with political calculations
• Organizational model: Lawmakers follow party leadership or interest groups

Redistricting

• Occurs every 10 years with the Census
• State legislatures redraw congressional districts
• Often contentious and competitive, the majority party benefits
• Maker v. Carr (1962): Opened the door for courts to rule on legislative redistricting under the Equal Protection Clause of the 14th Amendment
• Established the “one person, one vote” principle

Gerrymandering

• Partisan gerrymandering: Districts drawn to favor one party —> safe seats
• Marginal/swing seats: Competitive districts with close elections
• Safe sears encourage party loyalty, discourage compromise
• Racial gerrymandering: using race as the predominant factor in drawing districts —> violates the Equal Protection Clause

Required Supreme Court Cases

• Baker v. Carr (1962)
  • Issue: Can the Court rule on legislative redistricting?
  • Decisions: Yes (6-2), districts must reflect equal population
  • Reasoning: Unequal districts violate Equal Protection (14th Amendment)
  • Impact: Established “one person, one vote.” Courts gained power over redistricting
• Shaw v. Reno (1993)
  • Issue: Did North Carolina’s racially gerrymandered district violate the Equal Protection Clause?
    Decision: Yes (5-4). Race cannot be the sole factor in drawing districts.
  • Reasoning: District shapes were bizarre and clearly used race as the main factor.
  • Impact: Race-conscious districting permissible only with compelling state interest.

Divided Government

• Divided government = presidency controlled by one party, Congress by the other.
• Leads to partisan gridlock, especially with judicial nominations
• Example:
  • The Republican Senate blocked Obama’s nominee Merrick Garland (2016)
  • Trump’s nominees (Gorsuch, Kavanaugh) were confirmed in partisan battles.
• “Lame duck” president: Outgoing president with reduced influence

Congress’s Public Image

• Congress is often seen as unproductive (“do nothing Congress”)
• Approval ratings are historically low (17% in 2025)
• Scandals, corruption, and partisanship damage credibility
• Individual members usually have higher approval (~60%) in their districts
• Job is demanding: long hours, constant travel, balancing local + national concerns.

2.4 - Roles and Powers of the President

Foundations of the Presidency

• Framers’ Vision
  • Framers intentionally created a single executive to ensure energy, accountability, and decisiveness.
  • Concerns existed about creating a “fetus of monarchy,” but delegates trusted that virtuous leaders would occupy the office.
  • The presidency is designed to be powerful but checked by Congress and the judiciary.
• Article II Requirements & Powers
  • Qualifications:
    • Natural-born citizen
    • 35 years old
    • U.S. resident for 14 years
  • Formal (Enumerated) Powers
    • Commander in Chief
    • Grants pardons and reprieves
    • Makes treaties (with Senate approval)
    • Appoint ambassadors, judges, and other public ministers (with Senate approval)
    • May convene or adjourn Congress
    • May require the written opinions of Cabinet heads
    • Recommends legislation to Congress

Presidential Roles, Powers, and Policy Tools

• Formal vs. Informal Powers
  • Formal powers are constitutionally granted (Article II)
  • Informal powers are not explicitly stated but developed over time (persuasion, bargaining, executive agreements, signing statements).
  • Both categories help the president pursue a policy agenda.

Legislative & Policymaking Roles

• Chief Legislator
  • The Constitution states that the President may “recommend measures” to Congress.
  • Uses speeches (especially State of the Union) to frame legislative priorities
  • Congress often depends on presidential initiative for policy direction
• Powers of Persuasion
  • The President uses bargaining, personal appeals, and agenda-setting to influence Congress.
  • Example: Trump’s personal lobbying for the 2017 Tax Cuts and Jobs Act
• Veto Power
  • Regular veto: President returns bill with objections; Congress can override with a ⅔ vote in both chambers (rare)
  • Threat of veto: Informal power to shape legislation before passage
  • Pocket veto: If Congress adjourns within 10 days and the president does nothing, the bill dies
• Line-Iten Veto (Struck Down)
  • Congress gave Clinton line-item veto power in 1996
  • The Supreme Court struck it down in Clinton v. City of New York (1998) as unconstitutional (violated the separation of powers)

Commander in Chief

• Military Authority
  • The President commands the armed forces
  • Congress retains the power ot declare war; tension over “what counts as war”
  • Defensive or rapid-response military operations allow presidents to act alone (e.g., FDR in Greenland, Obama in Pakistan)
• Expansion of power
  • The Cold War allowed for an increase in executive war powers due to global threats and the need for rapid action.
  • Modern national security allows broad interpretations of “defense”

Chief Diplomat

• Treaties
  • Formal agreements requiring ⅔ Senate approval
• Executive Agreements
  • Agreements between heads of state that do not require Senate ratification
  • Useful for speed, secrecy, or avoiding Senate gridlock

Executive Powers in Practice: Panama Canal

• Theodore Roosevelt — Using Force & Persuasion
  • Advocated “speak softly and carry a big stick.”
  • Supported Panama's independence and secured the Canal Zone by pressuring Colombia
  • Used informal powers + military presence to achieve policy goal
• Jimmy Carter — Diplomacy & Public Pressure
  • Wanted to return the Canal Zone to Panama for moral and strategic reasons
  • Used persuasion, public relations, congressional education, and constituent pressure.
  • The Senate approved the treaty 68-32

Administrator & Chief Executive

• Executive Orders
  • Directives that have the force of law
  • Used to administer the government or direct agencies
  • Examples:
    • FDR’s interment order
    • Truman desegregated the military
    • Trump’s travel ban
  • Limitations:
    • Cannot violate existing laws or change funding
    • Can be challenged in court
• Singing Statements
  • Issued when signing a bill into law, expresses interpretation or implementation intentions.
  • Critics argue that they undermine Congress’s legislative authority
• Executive Privilege
  • Withholding information from Congress or courts
  • Intended to protect confidentiality and national security
  • U.S. v. Nixon (1974): executive privilege exists, but is not absolute; it cannot be used to block criminal evidence

2.5 - Checks on the Presidency

The President’s Team

• Structure of the Executive Branch
  • The President appoints thousands of executive officials to carry out the law and implement his policy agenda
  • Congress creates some positions, and others by tradition
  • Many positions serve at the pleasure of the president, while others are protected by statute/court decisions
• The Vice President
  • Constitutionally: presides over the Senate, succeeds the presidency
  • Practically: role carried by administration; can be influential in shaping policy
  • Examples:
    • Dick Cheney - very influential (Iraq War policy)
    • Joe Biden - negotiated with Congress, policy assignments
    • Mike Pence - coordinated COVID-19 response

The Cabinet & Bureaucracy

• Composition
  • 15 Cabinet departments (state, Defense, Treasury, etc.)
  • Presidents can add additional positions.
  • Cabinet secretaries run major policy areas; they also reflect diversity and political messaging.
• State Department
  • Handles foreign policy; ambassadors represent the U.S. abroad
  • About ⅓ of ambassadors are political appointees
• Defense Department
  • Civilian-led; includes Joint Chiefs of Staff for military strategy
  • Largest share of federal discretionary spending
• Federal Agencies
  • Hundreds of agencies and offices (FBI, FDA, IRS, CIA, etc.).
  • Carry out laws and rely on congressional funding.g

President’s Immediate Staff

• Executive Office of the President (EOP)
  • Includes OMB, National Security Council, Council of Economic Advisers
  • Created to help the president coordinate policy across the vast federal bureaucracy
• White House Staff
  • Work directly in the West Wing; no Senate approval required
  • The Chief of Staff is the gatekeeper; controls info, agenda access
  • Staff loyalty and closeness to the president influence policy implementation

Interactions With Other Branches

• Congress
  • Congress writes laws, controls the purse, and confirms appointments
  • The president directs legislative affairs staff to push the agenda
  • Tension arises when:
    • The president pressures members’ districts
    • Congress sets presidential priorities
• Checks on Presidential Power
  • Senate confirms appointments and ambassadors
  • Congress can impeach and remove the president
  • Congress controls the budget and can block policy initiatives

Appointments & Conflicts With the Senate

• Cabinet Appointments
  • Usually approved, but can face scrutiny
  • Recess appointments allowed when the Senate isn’t in session
  • Rare rejections include:
    • Roger Taney (1834)
    • John Tower (1989)
    • Betsy DeVos (2017) passed only the BP tie-breaker
• Ambassador Appointments
  • Often political rewards
  • The Senate is likely to approve, but it remains a check
• Standoffs
  • Example:
    • Robert Born (1987), a Supreme Court nominee, was rejected
    • Thurgood Marshall (1967) approved despite racial tensions
    • Sandra Day O’Connor (1981) overwhelmingly approved

Presidential Removal Power

• Limits
  • The President can remove most executive officials
  • Exception: heads of independent regulatory agencies
  • Historical conflicts:
    • Andrew Johnson removing Edwin Stanton; Impeachment
    • Myers v. United States: The president can fire executive officials
    • Humphrey’s Executor v. U.S.; limits removal of regulatory heads

Judicial Interactions

• Enforcement and Review
  • Presidents enforce court orders
  • Courts can strike down presidential actions as unconstitutional
  • Examples:
    • Eisenhower sent troops to Little Rock
    • The Supreme Court blocked Truman’s attempt to seize steel mills
    • Supreme Court blocks Obama’s immigration order (4-4 split)
• Judicial Appointments
  • The President appoints federal judges; the Senate confirms
  • Judges serve life terms; long-lasting impact
  • The Senate is often slow due to ideology or divided government
  • Cloture rule now requires only a simple majority to confirm judges

Areas of Conflict Between the President & Congress

• Appointments
  • Senate may reject nominees (Cabinet, judges, ambassadors)
• Executive Actions
  • Executive orders, executive agreements, and signing statements may bypass Congress.
• Budget & Funding
  • Congress controls appropriations and can block presidential priorities
• War Powers
  • Congress declares war; presidents act militarily without explicit approval
• Partisanship & Divided Government
  • Opposing-party majorities in Congress lead to gridlock and confrontation

2.6 - Expansion of Presidential Power

Why Presidential Power Expands

• Public expectations of the president grow over time
• Crises, wars, emergencies, and national tensions allow presidents to justify expanded authority
• Presidents consistently “push the boundaries” of Article II
• Congress, courts, and the public sometimes resist, producing debates over constitutional limits

An Enhanced Presidency

• Constitutional foundations: Article II, 5th Amendment, precedent, and customs
• Framers intended a limited executive meant to carry out Congress’s policies
• Over time, the residency became a powerful “captain’s ship of state”
• Influenced by:
  • Growth of federal bureaucracy
  • Foreign policy expansion
  • Media and public expectations

Federalist No. 70: The Case for a Single Executive

• Central Claims
  • A Single executive provides:
    • Energy (decisiveness)
    • Accountability (easy to locate responsibility)
    • Unity (avoids conflict within the executive)
    • Secrecy and speed (helpful in crises)
• Why Unity Ensures Good Government
  • Multiple executives = conflicting opinions, slower decisions, and a lack of transparency
  • A single president reduces blame-shifting and improves efficient administration.
• Impact on Presidential Behavior
  • Encourages decisive leadership
  • Justifies a more active, sometimes expansive executive role

Presidential Interpretation of Power: Historical Examples

• George Washington
  • Modeled modest presidential behavior: few vetoes, followed congressional intent.
  • Established precedent of two terms. Strengthened public trust in the office
• Thomas Jefferson
  • Expanded power via the Louisiana Purchase (not constitutionally explicit)
• James Madison
  • Led the nation in the War of 1812, solidifying the commander-in-chief role

The Imperial Presidency

• Term coined by historian Arthur Schlesinger Jr. (1973)
• Describes a president who:
  • Accumulates powers beyond constitutional limits
  • Operates with limited congressional oversight
  • Acts aggressively in foreign and domestic policy
• Drivers of Imperial Power
  • Wars and emergencies
  • Economic crises
  • Need for rapid decisions
  • Weaknesses of the gridlocked Congress

Personality & Popularity

• Andrew Jackson
  • Military hero; strong, assertive executive
  • Used 12 vetoes, more than all predecessors combined
  • Direct appeal to people increased democratic participation
  • Created friction with Congress (Bank War)
• Presidents After Andrew Jackson (pre-Lincoln)
  • Weaker executives, unclear agendas, allowed drift toward Civil War

National Crisis & War

• Abraham Lincoln
  • Greatly expanded constitutional limits during the Civil War
    • Suspended habeas corpus
    • Expanded military powers
    • Arrested dissenters
    • Blockaded the South without congressional approval
    • Justified actions as necessary to preserve the Union
    • Considered constitutional due to the emergency

Expansion Through Foreign Policy

• Theodore Roosevelt
  • Emphasized global presence (“speak softly and carry a big stick”)
  • Used stewardship theory:
    • The resident should take any action not expressly forbidden by the Constitution
  • Assertive use of executive power in diplomacy, military, and domestic issues
• Woodrow Wilson
  • Became a strong global voice during WWII
  • Delivered the first in-person State of the Union since John Adams
• Franklin D. Roosevelt
  • Expanded federal power massively during:
    • The Great Depression (New Deal)
    • World War II (wartime emergency powers)
  • Attempted “court packing” to gain judicial support
  • Interned Japanese Americans (Korematsu upheld at the time)

Contemporary Expansion of Power

• War Powers Act (1973)
  • Congressional response to Vietnam
  • Requires:
    • The President is to notify Congress within 48 hours of military action
    • Troops must be withdrawn after 60 days unless Congress approves
  • Presidents often contest the act of limiting the commander-in-chief's power
• Modern Examples
  • Obama
    • Targeted terrorists abroad, used drones for precision strikes
    • Ordered a mission to kill Osama bin Laden
  • Trump
    • Soleimani drone strike (War Powers notification)
    • Ignored some congressional oversight (appropriations, subpoenas)
    • Declared a national emergency to redirect funds for the border wall
    • Travel ban upheld by the Supreme Court
    • Engaged in aggressive assertions of executive authority

Debate Over Presidential Power

• Supporters argue:
  • Strong leadership is necessary in crises
  • The executive must act when Congress is slow or divided
  • National security requires secrecy and speed
• Critics argue:
  • Expansion threatens constitutional balance
  • The imperial presidency undermines checks and balances
  • Encourages unilateral action and a lack of accountability

2.7 - Presidential Communication

Communicator in Chief

• The Constitution gives the president the power to “recommend” measures to Congress; it creates the expectation that the president will publicly explain, persuade, and promote his agenda.
• Public approval influences Congress; citizens pressure their representatives in response to presidential messaging.
• Free press = direct link between citizens and government; presidents depend heavily on media coverage

Relationship With the Press

• The Bully Pulpit (Theodore Roosevelt)
  • TR coined the presidency as a “bully pulpit” (meaning excellent platform, not aggressive bullying)
  • Used press access and charisma to push the agenda
  • Built a personal brand; reporters followed him closely
• FDR & Radio (Fireside Chats)
  • Used radio to speak directly to Americans during the Great Depression
  • Calm, reassuring explanations increased public confidence and pressure on Congress
• State of the Union Address
  • Required by the Constitution
  • Written initially, then delivered in person after Woodrow Wilson revised oral speeches.
  • Modern SOTU is a major televised event that significantly influences public opinion and the legislative agenda.

Presidential Messaging in Crises

• Political Behavior Examples
  • Madison (1819 Panic) - Encouraged Congress to protect domestic manufacturing.
  • FDR (Great Depression) - Promoted confidence, unity, and his recovery plan
  • Reagan (1981 Recession) - Blamed government overspending; urged optimism and tax cuts
  • Pattern: Presidents use crises to frame problems and rally public support behind a policy vision

Communications Staff & Message Control

• White House Press Office
  • Press secretary informs media of schedules, positions, and announcements
  • Bridges the gap between the president and journalists
• Spin & Manipulation
  • Presidents often attempt to shape narratives
  • Example: The George W. Bush administration planted fake reporters and paid for favorable coverage
  • Press conferences today are highly staged.

Modern Technology & Social Media

• New Media Revolution
  • Shift from newspapers to radio to TV to 24-hour news to social media
  • Presidents must adapt to faster cycles and instant communication
• Obama Era
  • Hired a digital media director and built the first true digital communications team
  • Used YouTube, Flickr, Twitter, Facebook, and Instagram. Produced infographics, videos, and “Reality Check” website, countering misinformation
  • Digital “bully pulpit” used to mobilize voters & pressure Congress
• Image Control
  • White House photographers curated images to project a specific presidential persona.
  • Journalists criticized restricted access and overreliance on official photos.
• Trump as “Tweeter in Chief”
  • Used Twitter as the main channel of communication
  • Attacked media outlets; labeled criticism as “fake news”
  • Bypassed traditional press; directly communicated with supporters
  • Broke historical norms of presidential communication

Effects of Relationship With Other Branches

• Modern communication allows presidents to:
  • Pressure Congress directly by rallying public opinion
  • Frame legislative debates
  • Rapidly respond to national events before Congress can
• Increased potential for conflict, polarization, and executive-legislative tension.

2.8 - The Judicial Branch

1. Role & Structure of the Judicial Branch

• Purpose: Interpret the law, resolve disputes, and check the other branches through judicial review.
• Article III Establishes:
  • One Supreme Court
  • Power for Congress to create inferior (lower) courts
  • Judicial power vested in courts for all cases under:
    • Constitution
    • Federal laws
    • Treaties
    • Disputes between states, citizens of different states, or involving ambassadors
  • Courts handle:
    • Federal crimes (treason, counterfeiting, mail fraud, etc.)
    • Civil cases involving damages or constitutional questions
    • Disputes involving federal law or federal officials
  • Judicial independence is protected by:
    • Life tenure during good behavior
    • Salary protection

2. Constitutional Powers & Jurisdiction

• Original Judisdiction
  • The Supreme Court hears cases first when:
    • Involving ambassadors and foreign ministers
    • States suing other states
  • Appellate Jurisdiction
    • Most SCOTUS cases come via appeals from:
      • Federal Circuit Courts
      • State supreme courts (on federal questions)
    • SCOTUS overturns lower courts ~70% of the time.
  • Treason
    • Only the crime defined in the Constitution
    • Requires:
      • Two witnesses to the same act OR
      • Confession in open court
    • Designed to prevent political abuse of treason charges

3. Structure of the Federal Court System

• District Courts
  • 94 courts
  • Trial courts with original jurisdiction
  • Hear federal criminal and civil cases
  • ~300,000 cases filed annually
  • A judge (not a jury) decides cases involving constitutional questions
• Circuit Courts of Appeals
  • 11 geographic circuits + DC Circuit + Federal Circuit
  • Panels of 3 judges
  • Decide issues of procedure, precedent, and constitutional interpretation
  • Do not determine guilt/innocence
  • The DC Circuit is critical (reviews federal regulator actions)
• U.S. Supreme Court
  • 9 justices (1 Chief + 8 Associates)
  • Selects 80-100 cases per term through certiorari
  • Interprets the Constitution; rulings are final and binding
  • Uses judicial review to strike down unconstitutional laws/actions

4. Judicial Review & Federalist No. 78

• Marbury v. Madison (1803)
  • Established judicial review
  • The court ruled:
    • Marbury had the right to the commission (“yes”)
    • BUT the Court did not have jurisdiction because the Judiciary Act exceeded Article III (“no”)
  • Introduced principle: Courts decide what the Constitution means
• Federalist No. 78
  • Hamilton argues the judiciary is:
    • “Least dangerous” branch (no sword or purse)
    • Must have judicial review to check unconstitutional laws
    • Must have life tenure to protect judicial independence
  • Effects of Judicial Review
    • Ensures:
      • Federal laws conform to the Constitution
      • Executive actions follow constitutional limits
      • States follow federal supremacy (Article VI)

5. Interactions Between Courts & Other Branches

• With the Executive
  • Courts enforce judicial orders; the president must comply
    • E.g., Eisenhower sending troops to enforce desegregation
  • Courts can block executive actions
    • E.g., the Truman steel seizure case
• With Congress
  • Courts interpret congressional laws
  • Can strike down unconstitutional legislation
  • Congress controls:
    • Size of Court
    • Jurisdiction
    • Judicial budgets (but cannot reduce salaries)
    • Confirmation of judges
• Judicial Appointments
  • The President selects federal judges
  • Senate confirms
  • Appointees serve for life
  • Confirmations can be contentious (e.g., Bork, Tower)

2.9 - Legitimacy of the Judicial Branch

1. Why Judicial Legitimacy Is Contested

• Supreme Court decisions have significant national consequences; unpopular rulings trigger criticism.
• Concerns center around;
  • Life tenure: Justices insulated from public accountability
  • Broad federal jurisdiction: Court decides many high-impact cases
  • Ideology of justices: Long-term influence of a president’s choices
  • Judicial review: The Court’s power to invalidate laws sparks accusations of overreach

2. Common Law & Precedent

• Common Law Tradition
  • Originates from England; decisions accumulate into a body of law
  • Precedent: Court rulings establishing legal principles
  • Stare decisis (“Let the decision stand”): courts follow earlier rulings for consistency
• Types of Precedent
  • Binding precedent: lower courts must follow higher court rulings
  • Persuasive precedent: judges can look to rulings from other jurisdictions, but are not required to follow them

3. Supreme Court Precedent as Policy

• Judicial review & binding precedent equate to major policymaking roles
• Historically shaped:
  • Federalism (national supremacy vs. states’ rights)
  • Commerce and industry regulation
  • Individual rights and liberties

4. Defining Federalism (Early Court)

• The Early Court
  • Initially weak and low-prestige
  • Transformed under Chief Justice John Marshall (1801-1835):
    • Unified voice, strong federal power
    • Major cases:
      • McCulloch v. Maryland (1819): Upheld implied powers & national supremacy.
      • Gibbons v. Ogden (1824): Strengthened federal role in interstate commerce
      • Marybury v. Madison (1803): Established judicial review

5. Continuity & Change Over Time

• Court characterized by:
  • Small size
  • Life tenure
  • Long-standing institutional norms
• Why This Course's Legitimacy Debates
  • Justices are insulated from democratic accountability
  • Anti-Federalists feared judges being “too independent” and unremovable despite errors
  • Court composition shifts -> ideological swings -> overturned precedents -> public distrust
  • Unpopular or controversial rulings intensify legitimacy questions

6. Overturning Precedent

• The Court can overturn precedent when:
  • Constitutional interpretation changes
  • Earlier decisions are considered errors
• Key Examples
  • Plessy v. Ferguson (1896): Allowed “separate but equal”
  • Brown v. Board of Education (1954): Overturned Plessy v. Ferguson; racial segregation was ruled as unequal
• Other cases
  • Grovey v. Townsend (1935): Upheld party “white primaries.”
  • Smith v. Allwright (1944): Overturned Grovey v. Townsend; expanded voting rights

7. Modern Legitimacy Issues

• Current Court Composition
  • Lifetime appointment -> long-lasting impact of each president
• Ideological Dynamics
  • The Roberts Court is often viewed as conservative but unpredictable
  • The court’s reduced docket + minimalist approach creates narrow rulings and more unanimity
• Public Approval
  • Approval varies dramatically by political party
  • Partisan divides deepen concerns about political influence on the judiciary.

.

8. Key Principles

• Why Judicial Review Challenges Legitimacy
  • The court can strike down laws passed by elected representatives
  • Life tenure means no electoral accountability
  • Rapid ideological changes in appointments can swing constitutional interpretation.
• Why Judicial Review Supports Legitimacy
  • Protects minority rights from majoritarian abuse
  • Ensures constitutional supremacy
  • Provides stable, rule-of-law oversight over federal and state power

2.10 - The Court in Action

1. An Evolving Court

• The court maintains traditions, but its rulings reflect membership & societal change.e
• Has alternated between:
  • Expanding rights
  • Restricting government power
  • Upholding federal supremacy
  • Limiting federal reach

2. Early Courts, The New Deal

• Taney Court
  • Expanded state power, upheld slavery protections (e.g., Dred Scott, 1857)
  • Damaged Court legitimacy
• Industrial Era
  • The court battled between:
    • Strict constructionists (limit government regulation)
    • Liberal constructionists (Constitution adapts to social change)
  • Famous conservative case: Lochner v. New York (1905), striking down worker protections
• FDR & Court Packing
  • The Court struck down New Deal policies
  • FDR threatened to add more justices; he faced massive backlash
  • The Court later pivoted ideologically (“the switch in time that saved nine”) and upheld New Deal laws.

3. Post-WWII: Protecting Civil Liberties

• Warren Court (1953-1969)
  • Dramatically expanded civil rights & liberties:
    • Brown v. Board (1954)
    • Mapp v. Ohio
    • Gideon v. Wainwright
    • Tinker v. Des Moines
    • Miranda v. Arizona
  • Critics: Court was “activist”, overstepping democracy, sparking a legitimacy debate
• Burger Court
  • Mixed ideology; delivered Roe v. Wade (1973)
  • Administrative dysfunction lowered legitimacy internally
• Rehnquist Court
  • Strengthened states’ rights; restricted federal reach
  • Conservative shifts renewed legitimacy debates

4. Legislating After Court Decisions

• Constitutional Amendments
  • 11th Amendment; Reversed Chisholm v. Georgia
  • 14th Amendment; Overturned Dred Scott
  • 16th Amendment; Reversed income-tax ruling
• New Laws
  • Congress can rewrite statutes to comply with Court rulings
• Executive Implementation
  • Courts rely on the executive branch for enforcement (e.g., Little Rock 9)

5. How Cases Reach the Supreme Court

• Guided by Article III, congressional statutes, and its own rules
• Most cases reach the Court via:
  • Petition for certiorari
  • Rule of four: 4/9 justices must agree to hear it
• Supreme Court reviews legal questions, not facts

6. Opinions

• Majority opinion: binding law
• Concurring opinion: agrees with ruling, different reasoning
• Dissenting opinion: disagreement; shapes future legal debates
• Per curiam: unsigned, brief ruling

7. Overall Legitimacy Debates

• Factors undermining legitimacy:
  • Life tenure; unaccountable justices
  • Partisan confirmation battles
  • Court overturning popular precedents
  • Dramatic ideological swings after presidential appointments
  • Enforcement dependency on the executive branch

2.11 - Checks on the Judicial Branch

1. Judicial Activism vs. Judicial Restraint

• Judicial Activism
  • Judges strike down laws or reverse public policy based on their interpretation of constitutional principles
    • Can be liberal or conservative, depending on the issue
    • Examples:
      • Lochner v. New York (1905) - Conservative activism overturning labor protection law
      • Roe v. Wade (1973) - Liberal activism overturning abortion restrictions
      • Citizens United v. FEC (2010) - Conservative activism striking campaign finance limits
• Judicial Restraint
  • Judges defer to elected branches unless a law clearly violates explicit constitutional text.t
    • Emphasizes no policymaking from the bench
    • Supported by “strict constructionists” (e.g., Justice Scalia)
    • Argue that activism undermines democracy by allowing unelected judges to shape public policy

2. Why Critics Challenge Judicial Power

• Unelected judges with life tenure or a lack of accountability
• Judges often lack policy expertise on issues like the environment, health care, or education
• Courts’ rulings can be impractical or burdensome to implement
• Unpopular decisions have no direct remedy besides waiting for vacancies

3. Interactions With Other Branches

• Presidential Checks
  • Judicial Appointments
    • Presidents shape the judiciary through appointments to the district, circuit, and Supreme Court
  • Department of Justice Influence
    • Prosecutors, U.S. attorneys, and the Solicitor General shape which cases reach the Court
    • Solicitor general files appeals & amicus briefs
  • Impeachment (rare)
    • Judges can be removed for corruption or serious misconduct
      • Ex: Judge John Pickering, 1804
• Senate Checks
  • Advice and Consent
    • Nominees require Senate approval; controversial nominees may face intense scrutiny
  • Senatorial Courtesy
    • Home-state senators influence lower-court nominations. Use of the “blue slip” to approve or block hearings
  • “Litmus Tests”
    • Senators probe nominees’ ideology through pointed questions
  • Contentious Confirmation Battles
    • Robert Bork (1987) - rejected
    • Clarence Thomas (1991) - confirmed after misconduct allegations
    • “Nuclear Option” - Using majority vote to eliminate filibusters for judicial confirmations
    • Garland denial (2016) - example of the Senate refusing to hold hearings
• Congressional Checks
  • Impeachment Power
    • Can remove federal judges (rare)
  • Control of the Judiciary’s Budget & Size
    • Congress funds courts, sets salaries, and creates new judgeships
  • Jurisdiction Stripping
    • Congress may limit what types of cases federal courts can hear.
  • Legislating After Court Decisions
    • Congress can pass laws (or amendments) to override Court interpretations
      • 11th Amendment (response to Chisholm v. Georgia)
      • 14th Amendment (overturned Dred Scott)
      • 16th Amendment (authorized income tax after the Court struck down the earlier law)

4. Executive & Legislative Influence on Implementation

• Courts depend on other branches for enforcement:
  • Presidents, federal agencies, and local governments implement decisions
  • Example: Jackson allegedly responded to Worcester v. Georgia: “John Marshall has made his decision, now let him enforce it.”
  • Eisenhower used federal troops to enforceBrownn v. Board

Unit 3 - Civil Liberties & Civil Rights

3.1 - The Bill of Rights

Liberties and the Constitution

• Americans value liberty partly because British rule violated key freedoms
• The original Constitution limited government power, but it did not clearly list many individual protections
• The Constitution already included some protections, such as:
  • No bills of attainder
  • NO ex post facto laws
  • Habeas corpus cannot be suspended in peacetime
  • Right to trial by jury in criminal cases (Article III)
• Anti-Federalists argued that the Constitution needed a written list of rights to prevent government abuse
• “Civil liberties” = freedoms protected from unfair government interference.

James Madison’s Role

• Madison initially opposed adding a Bill of Rights because:
  • He thought the Constitution already limited government enough through checks and balances
  • He worried that listing rights might imply that unlisted rights were not protected
• Many state ratifying conventions demanded a Bill of Rights or conditional support for the Constitution
• Madison’s view shifted as pressure grew after ratification
• In the First Congress (1789), Madison helped turn many proposed protections into formal amendments
• Congress approved the amendments and sent them to the states
• The Bill of Rights was added to the Constitution in 1791

Protections in the Bill of Rights

• The Bill of Rights was created to guarantee liberties and rights, including:
  • Freedom of beliefs, opinions, and expression
  • Protection of property from unfair government taking
• It also includes criminal justice protections such as:
  • Protection from unreasonable searches unless there is probable cause
  • Rights related to trials (witnesses, refusing to testify, jury trials)
  • Protection against cruel and unusual punishment
• Two key “disclaimer” amendments:
  • 9th Amendment: The People have rights beyond those listed
  • 10th Amendment: Powers not given to the federal government belong to the states (reserved powers)

Fear of a Central Government

• The Bill of Rights was mainly intended to protect people from the federal government
• Initially, it did not apply to state governments
• Some states had laws blending church and government or restricting rights
• Barron v. Baltimore (1883):
  • The Supreme Court ruled that the Bill of Rights did not apply to the states
• Later, the selective incorporation doctrine developed in the 20th century:
  • The Supreme Court gradually applied most Bill of Rights protections to the states

Must-Know Supreme Court Cases

• Schneck v. United States (1919): Speech creating “clear and present danger” not protected (1st)
• Engel v. Vitale (1962): School-sponsored prayer violates Establishment Clause (1st)
• Tinker v. Des Moines (1969): Symbolic student speech protected (1st)
• New York Times v. United States (1971): Prior restraint of the press not allowed (1st)
• Wisconsin v. Yoder (1972): Forcing Amish to attend school past 8th grade violates free exercise (1st)
• McDonald v. Chicago (2010): 2nd Amendment applies to the states (2nd)
• Gideon v. Wainwright (1963): States must provide attorneys for poor defendants (6th)

A Culture of Civil Liberties

• Americans have broad freedoms compared to many countries
• Protest, criticism of government, and religious practice are generally protected
• Privacy, criticism of government, and religious practice are generally protected
• Privacy is strongly protected, especially in homes, unless police have probable cause
• Groups of the ACLU often challenge civil liberties violations in court
• Civil liberties can be limited when they conflict with public interest (safety and welfare)

Interpreting the Bill of Rights

• Over time, events like wars, economic crises, and social change have shaped the interpretation of rights
• The Supreme Court plays a significant role by:
  • Interpreting what the amendments mean
  • Deciding if laws violate the constitutional rights
  • Balancing liberty with public order
• Court rulings define the boundaries of rights (ex, “speedy trial”, “excessive bail”)
• Judicial review continues to shape how civil liberties apply in modern society

3.2 - First Amendment: Freedom of Religion

Foundations of Religious Freedom

• The First Amendment protects religious liberty through two clauses:
  • Establishment Clause: Government cannot establish or favor a religion
  • Free Exercise Clause: Government cannot prohibit religious practice
• James Madison and Thomas Jefferson opposed government-supported religion
• Jefferson popularized the idea of a “wall of separation” between church and state

Establishment Clause

• Prevents federal, state, and local governments from:
  • Sponsoring religion
  • Favoring one religion over another
  • Promoting religion over non-religion
• Applies to the states through selective incorporation (14th Amendment)
• Religion and Public Institutions
  • Government institutions must remain religiously neutral
  • Public schools receive especially strict scrutiny

Major Establishment Clause Cases

• Everson v. Board of Education (1947)
  • Allowed states to reimburse transportation costs for students attending religious schools
  • Ruled that this did not violate the Establishment Clause
  • Established that the First Amendment applies to states
• Engel v. Vitale (1962)
  • School-sponsored prayer in public schools is unconstitutional
  • Voluntary participation does not make it constitutional
  • Reinforced the strict separation between church and state
• School District of Abington v. Schenpp (1963)
  • Banned mandatory Bible readings in public schools
  • Reinforced neutrality toward religion in public education

The Lemon Test (Lemon v. Kurtzman, 1971)

• To avoid violating the Establishment Clause, a law must:

1. Have a secular purpose
2. It has a primary effect that neither advances nor inhibits religion
3. Avoid excessive entanglement between government and religion

Free Exercise Clause

• Protects individuals’ rights to practice religion freely
• The government may limit religious practices only if:
  • There is a compelling state interest
  • The law is neutral and generally applicable

Major Free Exercise Clause Cases

• Wisconsin v. Yoder (1972)
  • Amish families are exempt from compulsory high school attendance
  • Forced attendance violated the free exercise of religion
  • Religious freedom outweighed state interest in education

Religion in Public Schools

• School-sponsored prayer is unconstitutional
• Student-initiated religious activity outside instructional time is allowed
• Moments of silence may be constitutional if not promoting religion

Religion in the Public Square

• Religious symbols on public property are evaluated on a case-by-case basis
• Context matters (historical vs. devotional purpose)
• Key Examples:
  • Nativity scenes allowed if part of a broader secular display
  • Ten Commandments displays:
    • Allowed in historical contexts
    • Unconstitutional if primarily religious and coercive

Public Funding & Religion

• The government may fund secular services provided by religious institutions
• Aid must go to individuals, not directly to religious organizations
• Voucher programs upheld if religious and nonreligious options are treated equally

3.3 - First Amendment: Freedom of Speech

Core Principals

• Freedom of speech is a fundamental First Amendment liberty
• Speech includes spoken words, written expression, symbolic actions, and the right not to speak
• Free speech is not absolute; the government may limit speech under specific conditions
• Courts balance individual liberty against public order and safety

Defining Protected Speech

• The government may restrict speech only if it serves a compelling or significant government interest. Content-based censorship is generally prohibited
• Restrictions are more likely to be upheld when focused on conduct rather than ideas.

Time, Place, and Manner Regulations

• Speech restrictions must:
  • Be content-neutral
  • Serve a significant government interest
  • Be narrowly tailored
  • Leave an open alternative channel for expression
• Key Case:
  • United States v. O’Brien (1968): Burning draft cards is not protected due to the government's interest in maintaining the draft

Symbolic Speech

• Symbolic actions can be protected if they convey political meaning
• Not protected if the action itself is illegal
• Key Cases:
  • Texas vl Johnson (1989): Flag burning is protected speech
  • United States v. Eichman (1990): Federal flag protection law struck down

Speech in Schools

• Students retain First Amendment rights, but schools may regulate speech that disrupts learning
• Key Case:
  • Tinker v. Des Moines (1969)
    • Wearing Black armbands in protest is protected
    • Schools must show material and substantial disruption to restrict speech

Obsenity

• The First Amendment does not protect obscene speech
• Determined using community standards
• Key case:
  Miller v. California (1973)
• The Miller Test:
  • Speech is obscene if:
    • Appeals to prurient interest
    • Depicts sexual conduct in a patently offensive way
    • Lacks serious literary, artistic, political, or scientific value

National Security and Free Speech

• Speech may be limited during wartime or emergencies
• Key Case:
  • Schenck v. United States (1919)
    • Introduced the “clear and present danger” test
    • Speech that creates immediate harm may be restricted
• Evolution
  • Later cases narrowed Schenck’s reach
  • Branderburg v. Ohio (1969): Speech protected unless it incites imminent lawless action

Overall Supreme Court Trends

• Expanded protection for political and symbolic speech
• Narrowed government authority to suppress speech
• Shifted from judicial restraint to stronger protection of individuals' liberties over time

3.4 - First Amendment - Freedom of the Press

Core Principles

• Freedom of the press ensures:
  • Transparency
  • Accountability
  • An informed public
• The Court treats press and speech with nearly identical protections.

Press in a Democracy

• A free exposes of government abuse and misinformation
• Authoritarian systems restrict the press to control public perception
• The U.S. protects even harsh, critical, or unpopular reporting

Libel and “Breathing Space”

• Libel: False Statements that damage reputation
• Public officials must prove:
  • The statements were false
  • Made with actual malice (knowing falsehood or reckless disregard for truth)

Key Supreme Court Cases

• New York Times Co v. Sullivan (1964)
  • Established the actual malice standard
  • Ensures the press has “breathing space” to criticize public officials
• Near v. Minnesota (1931)
  • Prior restraint (pre-publication censorship) is unconstitutional
• New York Times Co v. United States (1931)
  • The government cannot prevent the publication of classified material without overwhelming justification

Prior Restraint

• The government generally cannot censor in advance
• National security claims must meet an extremely high standard
• Punishment after publication may still occur in rare cases

Modern Issues

• Internet and digital media raise new questions:
  • Speed of misinformation
  • National security risks
  • Who qualifies as “the press:
• Courts continue to apply traditional First Amendment protections to new media

3.5 - Second Amendment: Right to Bear Arms

Why the Second Amendment Was Created

• The founders deeply feared a powerful central government, and especially a standing army
• They believed a national army could:
  • Be used to crush dissent
  • Threaten state independence
  • Enable tyranny
• Many preferred state militias (citizens trained to defend their communities)
• Shays’ Rebellion (1786) showed the need for national defense but also reinforced fear of federal power.
• The Second Amendment was written to:
  • Protect states from federal overreach
  • Ensure citizens can resist tyranny
  • Support public defense through militias

Original Meaning of the Second Amendment

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
• The wording is ambiguous, which has led to two major interpretations:
  • Collective/militia-based view
    • The right exists mainly to support state militias
    • Gun ownership is connected to public service
  • Individual-rights view
    • “The right of the people” suggests personal liberty
    • Similar language appears in the First and Fourth Amendments

Early State Gun Laws

• Many early state and local governments regulated firearms
• Laws included:
  • Where guns could be carried
  • How they were stored
  • Who could own them
• These laws show the founders did not treat gun ownership as unlimited.

Growth of Federal Gun Laws

• As crime and gun violence increased, Congress expanded regulation
• National Firearms Act (1934)
  • Required registration and taxes for certain weapons
• Gun Control Act (1968)
  • Banned gun sales to felons, drug users, and the mentally ill
• Brady Handgun Violence Prevention Act (1993)
  • Created background checks and waiting periods
• These laws reflect an effort to balance:
  • Public safety
  • Individual gun rights

Modern Debate Over the Second Amendment

• Two prominent positions today:
  • Gun-control advocates
    • Say the amendment protects militias, not unrestricted personal gun ownership.
    • Emphasize public safety
  • Gun-rights advocates
    • Say the amendment protects a personal right
    • Argue “the right of the people” means individuals

District of Columbia v. Heller (2008)

• First major Second Amendment case in decades
• Issue:
  • Washington, D.C., banned handguns and required firearms to be locke upd
• Ruling (5-4):
  • The Second Amendment protects an individual's right to own a gun
  • The right is not tied to militia service
• Important limitations:
  • The Court said the right is not unlimited
  • Governments may still regulate guns
• Impact of the Case:
  • Shifted the Second Amendment toward individual liberty
  • Made gun ownership similar to other personal rights, like speech or religion
  • Sparked new court challenges to gun regulations across the country

3.6 - Balancing Individual Freedoms

Cruel and Unusual Punishment & Excessive Bail (Eighth Amendment)

• Purpose of the Eighth Amendment
  • Prevents:
    • Cruel and unusual punishments
    • Excessive bail
  • Inspired by British abuses:
    • False imprisonment
    • Denial of bail
    • Torture and starvation
  • Designed to ensure punishment is fair, humane, and proportional

Death Penalty Debate

• Capital punishment was standard at the founding
• Some states and most developed countries have banned it
• In the U.S:
  • Most executions historically for murder
  • Disproportionate impact on:
    • Poor
    • Racial minorities
    • Socially disadvantages

Key Supreme Court Cases

• Furman v. Georgia (1972)
  • Put the death penalty on hold nationwide
  • Ruled that it was applied randomly and unfairly
  • Some justices argued it violated the Eighth Amendment
• Gregg v. Georgia (1976)
  • Reinstated the death penalty with safeguards
  • Required:
    • Separate sentencing phase
    • Consideration of circumstances
  • The death penalty cannot be mandatory

Modern Limits on Capital Punishment

• Cannot execute:
  • Mentally disabled defendants
  • Defendants under 18 at the time of the crime
• Courts still debate whether the death penalty violates evolving standards of decency

Guantanamo Bay & Interrogations

• Post-9/11 Government Actions
  • The U.S. created a detention center at Guantanamo Bay, Cuba
  • Held terror suspects outside U.S. borders to:
    • Avoid constitutional protections
    • Limit media and legal access
• Torture & Interrogation
  • The Bush administration defined torture narrowly:
    • “Severe physical pain” equal to organ failure or death
  • Techniques used:
    • Waterboarding
    • Stress positions
    • Sleep deprivation
  • Raised concerns about:
    • Habeas corpus
    • Eighth Amendment protections
• Public and Global Reaction
  • Civil rights groups and foreign governments protested
  • Question raised:
    • Do constitutional rights apply to non-citizens held abroad?
• Policy Shift
  • President Obama reversed many interrogation policies
  • Intelligence officials argued that harsh tactics were necessary for security

Individual Rights & the Second Amendment (Modern Context)

• Gun Violence in the U.S.
  • About 33,000 gun deaths annually
  • One-third homicides, two-thirds suicides
  • Mass shootings intensified the policy debate
• State Policy Responses
  • Assault weapon restrictions
  • Magazine limits
  • Expanded background checks
• At the same time:
  • Other states passed pro-gun laws
  • Expanded open-carry and concealed carry
• Political Patterns
  • Republican-controlled states:
    • More permissive gun laws
  • Democratic-controlled states:
    • More restrictions
  • NRA actively challenges gun regulations in court

Search and Seizure (Fourth Amendment)

• Origins
  • The British used writs of assistance (general search warrants)
  • Colonists viewed this as a significant abuse of power
• Fourth Amendment Protections
  • Protects against unreasonable searches and seizures
  • Requires:
    • Warrants
    • Probable cause
    • Specific descriptions of place and items
• Exceptions
  • No warrant needed if:
    • Evidence in plain view
    • Border or airport searches
    • Consent is govern
    • Searches in schools use “reasonable suspicion.”
• Supreme Courts Rulings
  • Warrants required for:
    • Wiretapping
    • Cell phone searches
    • Drug-sniffing dogs on private property

Cell Phones, Surveillance & Metadata

• Post-911 Expansion of Surveillance
  • The USA PATRIOT Act allowed broad data collection
  • The government accessed phone and Internet data through third parties
• PRISM Program
  • Required tech companies to share user data
  • Exposed by Edward Snowden
• Metadata ExplainedCommunication informationn:
  • • Who called whom
    • When
    • How long
  • Does not include conversation content
  • Courts have sometimes allowed metadata collection without a warrant
• Ongoing Deabte
  • Does mass surveillance violate privacy?
  • Should digital data be treated like physical property?

3.7 - Selective Incorporation

The Original Problem

• The Bill of Rights was written to limit the federal government to only
• States were not required initially to follow the Bill of Rights
• Many states already had their own bills of rights, but protections varied widely
• The Constitution did not clearly say whether states had to follow the federal Bill of Rights

Barron v. Baltimore (1833)

• The Supreme Court ruled that:
  • The Bill of Rights only applied to the federal government
  • States were not bound by it: This meant states could restrict speech, religion, and other rights unless their own constitutions prohibited such restrictions.

The Fourteenth Amendment (1868)

• Passed after the Civil War to protect freed salves’ rights
• Declares:
  • All persons born or naturalized in the U.S. are citizens
  • No state may deprive any person of life, liberty, or property without due process of law
• This created a new constitutional link between citizens and state governments

What is Selective Incorporation?

• Selective incorporation is the process by which the Supreme Court:
  • Applies some (not all) rights in the Bill of Rights to the states
• This happens through the Due Process Clause of the Fourteenth Amendment
• Rights are incorporated case by case when the Court decides they are “fundamental.”

Due Process

• Due process means the government must act reasonably and follow legal procedures.
• It protects people from arbitrary or abusive government action
• Through due process, the Court forces states to follow many federal rights

Early Incorporation

• First major case: Chicago, Burlington & Quincy Railroad v. Chicago (1897)
  • Incorporated the just compensation clause of the Fifth Amendment
• This marked the start of selective incorporation

First Amendment Incorporation

• Gitlow v. New York (1925)
  • Recognized that freedom of speech and the press are protected from state interference
  • Gitlow still lost because his speech was considered a threat to public order.
• This case confirmed that the Bill of Rights applies to the states.

Press Freedom and State Limits

• Near v. Minnesota (1931)
  • States cannot censor or shut down newspapers in advance
  • Incorporated freedom of the press against the states

Expansion of Incorporated Rights

• Over time, the Court required states to follow many federal rights, including:
  • Right to an attorney - Gideon v. Wainwright (1963)
  • Protection from illegal searches - Mapp v. Ohio (1961)
  • Protection from self-incrimination
  • Right to a fair trial
  • Just compensation for property
  • Freedom of religion
  • Freedom of speech and press

Second Amendment and Selective Incorporation

• District of Columbia v. Heller (2008)
  • Recognized an individual's right to own firearms
  • Applied only to the federal government
• McDonald v. Chicago (2010)
  • Extended the Second Amendment to the states using the Fourteenth Amendment
  • Struct down Chicago’s handgun ban
  • Confirmed that the right to bear arms is fundamental

Majority Opinion in McDonald (Justice Alito)

• Self-defense is a fundamental right
• The Fourteenth Amendment was designed to protect newly freed slaves
• Gun rights were viewed as essential to liberty and safety after the Civil War
• Therefore, the Second Amendment applies to the states

Limits of Selective Incorporation

• Not all rights have been incorporated:
  • Grand jury indictment
  • Civil jury in all cases
• Most, but not all, Bill of Rights protections now bind states

Why Selective Incorporation Matters

• Creates national standards for civil liberties
• Prevents states from denying fundamental rights
• Strengthens the role of the Supreme Court in protecting citizens
• Expands individual liberty while limiting state power

3.8 - Due Process and Rights of the Accused

Procedural Due Process

• Rooted in the Magna Carta (1215)
• Ensures fair procedures when the government acts against individuals
• Guaranteed by the Fifth Amendment (federal) and Fourteenth Amendment (states)
• Requires:
  • Notice of charges
  • A fair and impartial hearing
  • An opportunity to defend oneself
• Two Types of Due Process
  • Procedural due process: How the law is carried out
  • Substantive due process: Whether the law itself is fair or violates fundamental rights

Fourth Amendment & the Exclusionary Rule

• Fourth Amendment
  • Protects against unreasonable searches and seizures
  • Warrants require probable cause
• Exclusionary Rule
  • Weeks v. United States (1914)
    • Evidence obtained illegally cannot be used in federal court
  • Mapp v. Ohio (1961)
    • Applied the exclusionary rule to the states through selective incorporation
• “Fruit of the poisonous tree:
  • Illegally obtained evidence (and evidence derived from it) must be excluded.
• Exceptions
  • Good Faith Exception: Evidence allowed if police relied on a faulty warrant in good faith
  • Inevitable Discovery: Evidence allowed if it would have been found legally anyway

Searches in Schools

• New Jersey v. TLO (1985)
  • Students have fewer privacy rights at school
  • School officials need only reasonable suspicion, not probable cause
  • Must balance:
    • Student privacy
    • School safety and discipline
• Abandoned Property
  • If a student leaves a bag unattended, their expectation of privacy decreases.
  • School officials may search if safety is at ris.k

Cell Phones, GPS, and Metadata

• Technology changed the meaning of “search.”
• The Supreme Court has ruled:
  • Police need a warrant to:
    • Search cell phones
    • Attach GPS trackers
    • Use drug-sniffing dogs on a front porch

Public Safety vs. Civil Liberties

• Detainees & Habeas Corpus
  • Rasul v. Bush (2004) - Guantanamo detainees can challenge detention
  • Hamdi v. Rumsfeld (2004) - U.S. citizens must have due process
  • Hamdan v. Rumsfeld (2006) - Military tribunals violated U.S. law the & Geneva Conventions

Rights of the Accused

• Self-Incrimination
  • Fifth Amendment: No one must testify against themselves.
• Miranda v. Arizona (1966)
  • Suspects must be told:
    • They have the right to remain silent
    • Anything said can be used against them
    • They have the right to an attorney
  • Applies once a suspect is in custody and being interrogated

Public Safety Exception

• New York v. Quarles (1984)
  • Police may question a suspect without Miranda if:
    • There is immediate danger to the public
  • Statements are still admissible if the purpose is safety, not evidence

Right to Counsel

• Sixth Amendment
  • Guarantees the right to a lawyer
• Gideon v. Wainwright (1963)
  • States must provide attorneys to indigent defendants in all felony cases
  • Ensures equal justice, regardless of wealth

Key Takeaway

• Due process is the Supreme Court’s primary tool for balancing:
  • Individual liberty
  • Public safety
  • Government power

3.9 - Due Process and the Right to Privacy

Where the “Right to Privacy” Comes From

• The Constitution never explicitly says “right to privacy.”
• The Court has found privacy protections implied in several amendments:
  • 1st Amendment: Privacy of beliefs, associations, thoughts
  • 3rd Amendment: Privacy in the home (no forced quartering)
  • 4th Amendment: Privacy from unreasonable searches
  • 5th Amendment: Privacy through self-incrimination protection
  • 9th Amendment: Unlisted rights still exist
• Together, these form what the Court calls “penumbras” (shadows) of privacy.

Substantive Due Process

• Protects fundamental rights from unjust government laws, not just unfair procedures
• Used when:
  • A law violates liberty even if the procedure is “fair.”
• Based on the 14th Amendment Due Process Clause
• State laws that interfere with privacy must serve a compelling state interest and be narrowly tailored

Substantive Due Process Defined (Early Cases)

• Slaughterhouse Cases (1873)
  • Limited the Privileges or Immunities Clause
  • Said the 14th Amendment protects only national citizenship rights
  • Did not protect liberty, like the right to pursue a profession
• Lochner Era (early 1900s)
  • The Court protected “liberty of contract.”
  • Struck down laws regulating working hours (Lochner v. New York).
  • Later rejected as judicial overreach
• Pierce v. Society of Sisters (1925)
  • Oregon's law requiring all children to attend public schools violated substantive due process
  • Parents have the right to direct their children’s education

Right to Privacy

• Brandeis’s Influence
  • In Olmstead v. United States (1928), Justice Brandeis warned of a future where technology would destroy privacy
  • He argued citizens have a “right to be let alone.”

Modern Privacy Cases

• Griswold v. Connecticut (1965)
  • Struck down a law banning contraception for married couples.
  • Established that privacy exists in the “penumbras” of the Bill of Rights.
• Roe Wade (1973)
  • Declared abortion a constiutional rights under privacy
  • States could regulate after the first trimester
  • Balanced state interest with a woman’s right to privacy
• Planned Parenthood v. Casey (1992)
  • Reaffirmed Roe
  • Allowed some regulations (watiing periods, parental consent)
  • Struck donw spousal notification

The Dobbs Decision

• Dobbs v. Jackson Women’s Health Organization (2022)
  • Overturned Roe and Casey
  • The court ruled:
    • The Constiution does not guarantee a right to abortion
    • Authority returns to the states
  • Majority: abortion is not “deeply rooted” in U.S. history
  • Justice Thomas argued that other privacy cases may need reconsideration

After Dobbs

• States quickly passed trigger laws restricting abortion
• Some expanded abortion protections
• Created a patchwork of state abortion laws
• Abortion became a federalism issue again

Privacy vs. State Power

• The Court allows privacy rights unless the state proves a legitimate and compelling interest
• States justify restrictions using:
  • Public morals
  • Health and safety
  • Welfare

Key Concepts

• Substantive Due Process: Protects rights even if not written
• Penumbras: Implied zones of privacy
• Federalism: States now control abortion policy post-Dobbs
• Jusicial Activism vs. Restraint: Central tension in privacy cases

3.10 - Social Movements and Equal Protection

Constitutional foundation that movements lean on

• Equal Protection Clause (14th Amendment)
  • A major tool for challenging government policies that treat groups differently (race, sex, sometimes other identities)
  • Helps movements argue discrimination is unconstitutional, even when it’s popular or “traditional.”
• Due Process Clause (14th Amendment)
  • Used when movements argue that the government is unfairly restricting liberty or rights without proper justification
  • Sometimes paired with privacy/liberty arguments (depending on the issue and era).
• 15th Amendment
  • Often used to challenge voting barriers and race-based voting discrimination
• 19th Amendment
  • Gave women the right to vote, which helped shift women’s influence in elections and policy debates.
• Congressional Civil Rights Laws
  • Movements don’t only rely on the Constitution. They also push Congress to pass statutes that enforce or expand rights.

Civil Rights Movement - “Equality in Black and White”

• Before the Civil War and Reconstruction, civil rights were often ignored or left to the states.
• After the Civil War, constitutional change created new legal tools, but states still built systems to restrict Black rights (especially in the South).
• Early civil rights activism included abolitionists, religious leaders, and reformers pushing against slavery and racial inequality.

NAACP and Legal Strategy

• Formed in the early 1900s to push for equal rights through law and advocacy.
• Strategy included:
  • Natural lobbying and political pressure (not just local organizing)
  • Court challenges to discriminatory state laws.
  • Long-term approach: chip away at segregation and voting restrictions using constitutional arguments
• Major impact:
  • Helped bring cases that challenged systems like discriminatory primaries and segregation in education and housing, building momentum for larger civil rights rulings later.

Key Civil Rights Organizing and the 1963 Turning Point

• Civil rights groups (and allies) used both legal challenges and mass public action:
  • Organizations and coalitions helped coordinate protests.
  • Public demonstrations created national attention and political urgency.
• 1963 is presented as a pivotal year, showing both:
  • Large-scale activism (major marches and protests).
  • Severe backlash and violence, which increased pressure for change

MLK and “Letter from Birmingham Jail”

• Context:
  • Birmingham protest efforts challenged segregation and injustice
  • Local authorities used enforcement and arrests to stop demonstrations
• What the letter contributes to social movements:
  • Defends nonviolent direct action as a legitimate and necessary strategy when institutions stall.
  • Rejects the idea that oppressed groups should always “wait” for gradual change.
  • Frames activism as both morally justified and tied to American constitutional promises of equality.
• Four-step structure of a nonviolent campaign (as described in the text)
  • Gather facts (prove injustice exists)
  • Negotiate
  • Self-purification (prepare to remain nonviolent and disciplined)
  • Direct action (create urgency when negotiation fails)

Women’s Rights Movement

• Voting rights:
  • Women’s suffrage leaders advocated for political rights before the Constitution was amended.
  • Susam B. Anthony is highlighted as an example of activism that preceded and helped drive constitutional change.
• Workplace + equality expansion:
  • Industrialization pulled more women into paid labor, creating new inequality issues (wages, conditions, opportunities).
  • Early court-era arguments sometimes justified different treatment “for protection,” but later movements pushed for genuine equality.
• Political momentum:
  • By the 1910s-1920s, political parties and elected officials became more responsive to public pressure.
  • Jeanette Rankin exemplifies the shifting political opportunities of the suffrage era.

Major Laws and Equality Tools for Women

• Equal Pay Act (1963)
  • Federal law requires equal pay for equal work (an important step, but not a full solution to broader discrimination).
• Civil Rights Act (1964)
  • Expanded protection against employment discrimination (but later debates grew about what groups are covered and how far protections extend).
• National Organization for Women (NOW)
  • Advocacy and organizing to expand legal and social equality in employment, education, and public life.
• Strict scrutiny and gender equality debates
  • The text emphasizes how courts use standards of review to test whether laws unfairly discriminate.
  • Movements push courts to apply tougher scrutiny when laws treat groups differently.

Title IX and Modern Equality Debates

• Title IX (1972)
  • A short law with huge effects: equal opportunity in education programs receiving federal funding.
  • Major impacts include expanded access and long-term changes in education institutions and athletics.
• Continuing controversy:
  • How Title IX applies to gender identity and transgender students remains a live debate in policy and courts.

Equal Rights Amendment (ERA)

• Proposed constitutional amendment to guarantee equality of rights regardless of sex.
• Passed Congress but failed to be fully ratified by enough states, showing how hard constitutional change can be even with strong movement support.

LGBTQ Rights and Equal Protection

• Early suppression
  • Government policies restricted LGBTQ rights and visibility (employment exclusion, closed spaces, criminalization in many states).
• Shift over time:
  • Organizing intensified as people publicly asserted their identities and demanded legal equality.
• Key Supreme Court turning points
  • Lawrence v. Texas (2003)
    • Struck down laws targeting same-sex intimacy, signaling limits on state power when laws single out LGBTQ people
  • Same-sex marriage path:
    • States developed a patchwork of policies (civil unions, state court rulings, ballot measures).
    • A federal policy conflict emerged because marital status affects federal benefits and taxes.
  • Defense of Marriage Act (DOMA, 1996)
    • Defined marriage at the national level in a way that limited federal recognition of same-sex marriages, creating unequal treatment across states.
  • Obergefell v. Hodges (2015)
    • Held that states cannot deny marriage licenses to same-sex couples and must recognize same-sex marriages lawfully performed elsewhere.
    • Effect:
      • Ended the state-by-state patchwork for marriage recognition, but did not end conflict over related policies.

Issues after major LGBTQ Rulings

• Post-Obergefell disputes:
  • Some officials resisted participation (e.g., by refusing duties associated with issuing licenses), heightening tensions between individual beliefs and public obligations.
• Wider policy disputes expanded to:
  • Housing and rental discrimination
  • Service refusal (weddings, catering, public accommodations)
  • Workplace protections

ACLU and Workplace Discrimination Expansion

• The text emphasizes that federal civil rights law did not originally list sexual orientation/gender identity explicitly.
• Before 2020:
  • Protections varied by state, creating uneven rights nationwide.
• Bostock v. Clayton County (2020)
  • Interpreted Title VII to make workplace discrimination based on sexual orientation or transgender status illegal nationwide.
  • Result:
    • Expanded protections through the courts, not new congressional legislation.

“Refusal to Serve” and Religious Freedom Tension

• Key conflict:
  • Civil rights protections vs. claims of religious liberty when businesses or individuals argue they should not be required to provide services for same-sex weddings or LGBTQ customers.
• This becomes a recurring theme:
  • Rights can collide, and policy battles often move back and forth between legislatures and courts.

Transgender-related Policy Conflicts (Schools and Government)

• Major question raised:
  • How institutions handle bathrooms/locker rooms and participation rules.
• Federal role vs. state/local control:
  • National guidance can shift with administrations, while states/local districts often set day-to-day rules.
  • Courts may be asked to determine whether specific rules violate the Equal Protection Clause, Title IX, or other legal standards.

3.11 - Government Responses to Social Movements

Reconstruction and it’s Legacy

• Post-Civil War context
  • After the Civil War, a Republican-led Congress pushed major changes meant to end slavery and redefine citizenship and equality.
  • Three key constitutional amendments (“Reconstruction Amendment”) reshaped civil rights:
    • 13th Amendment: Ended slavery nationwide
    • 14th Amendment: Established national citizenship and required states to follow due process and equal protection.
    • 15th Amendment: Tried to protect Black men’s voting rights by banning the denial of the vote based on race (and related categories).
  • 14th Amendment as the foundation for later equality movements
    • Section 1 of the 14th Amendment is heavily used in court cases.
    • Although aimed at protecting formerly enslaved people, its language later supported legal claims by other groups (women, ethnic minorities, LGBTQ people, immigrants, and criminal defendants).
    • The Equal Protection Clause became a major legal tool for challenging discriminatory state laws.

Federal Action during Reconstruction

• Civil Rights Act of 1875
  • Attempted to guarantee equal treatment in public accommodations (hotels, transportation, theaters, etc.) and address discrimination in jury selection and other areas.
  • Represents an early federal attempt to translate equal protection ideals into enforceable law.
• Civil Rights Cases (1883)
  • The Supreme Court struck down major parts of the Civil Rights Act of 1875.
  • Effect: Weakened federal enforcement and left space for discrimination in private businesses and “commercial life,” slowing progress.
• Plessy v. Ferguson (1896)
  • The Court upheld segregation under the doctrine of “separate but equal.”
  • Real-world result: Segregation became entrenched and helped justify Jim Crow policies for decades.

Circumventing the Franchise

• State-level strategies used to undermine the 15th Amendment
  • Literacy tests: Required a reading/interpretation “test” before voting, used unfairly to block Black voters.
  • Poll taxes: required payments to vote, which discourage poor voters.
  • Grandfather Clause: Allowed voting if your grandfather could vote (protected many White voters while excluding many Black voters).
  • White primaries: Political parties (and states) effectively restricted primary elections to White voters, keeping Black voters out of the most influential election stage.
  • These tactics often avoided directly violating the “letter” of the Constitution while breaking the amendment’s purpose.
• Broader impact
  • Disenfranchisement was reinforced by intimidationm economic retaliation, and discrimination.
  • Jim Crow laws expanded segregation beyond voting into daily public life.

The Courts assert equality

• NAACP strategy
  • The NAACP built a long-term legal campaign to overturn Plessy.
  • They improved their approach by focusing on strong plaintiffs and building evidence, including social science research (ex, evidence that segregation harmed Black children psychologically).
• Brown v. Board of Education (1954)
  • Constitutional focus: 14th Amendment equal protection clause.
  • Ruling: School segregation is unconstitutional; “separate educational facilities are inherently unequal.”
  • The Court emphasized the effects of segregation itself, not just whether facilities looked “equal” on paper.
  • Important note: The decision required follow-up because implementation was complicated and slow.
• After Brown
  • The Court had to revisit how desegregation would occur.
  • Real change was gradual, and many areas resisted for years.

Legislating Toward Equality

• JFK and the push for civil rights legislation
  • Increased pressure in the early 1960s, driven by publicized violence and activism.
  • Kennedy moved toward supporting a sweeping civil rights bill, framed as ensuring equal access in public life (schooling, employment, services).
• LBJ and the passage of the Civil Rights Act of 1964
  • After Kennedy’s assassination, Johnson used strong political leverage to push the bill through Congress.
  • The lawbecame on eof the broadest federal civil rights actions in U.S. history.
• Key provisions of the Civil Rights Act of 1964
  • Strengthened/standardized voter registration rules (Title I).
  • Banned discrimination in public accommodations and public facilities (Titles II and III).
  • Gave the federal government tools to challenge school segregation and other discrimination (including federal enforcement mechanisms).
  • Allowed cutting off federal funds to discriminatory programs (Title VI).
  • Outlawed employment discrimination based on protected categories (Title VII).
• Heart of Atlanta Motel v. United States (1964)
  • The Supreme Court upheld Congress’s power to enforce parts of the Civil Rights Act using the commerce clause.
  • Key idea: If a business affects interstate commerce (such as motels serving interstate travelers), Congress can regulate discrimination in that context.

Voting Rights Act of 1965

• Why it was needed
  • The 1964 Civil Rights Act addressed discrimination but did not fully stop barriers to Black voting in the South.
  • Persistent low registration rates and violent suppression helped build national urgency.
• Catalyst events and public pressure
  • Activism and protests, especially in places like Selma, drew attention to voter suppression.
  • Media coverage made the issue visible nationwide and increased political pressure for federal action.
• Major effect of the Voting Rights Act
  • Targeted barriers like literacy tests and similar devices used to suppress voting.
  • Expanded federal authority to protect voting rights where discrimination was persistent.
  • Required certain jurisdictions to get federal approval (preclearance concept) before changing voting laws, limiting “new loopholes.”
• Related constitutional/legal developments
  • 24th Amendment: Outlawed poll taxes in federal elections.
  • Subsequent court decisions reinforced that poll taxes were unconstitutional in state elections as well.

3.12 - Balancing Minority and Majority Rights

Desegregation and “Separate but Equal”

• Post-Civil War and Reconstruction
  • Even after slavery ended, many state/local governments created systems to separate races in public life (transportation, schools, and public spaces).
  • These segregated systems were reinforced through Jim Crow laws.
• “Separate but equal” becomes constitutional (For a time)
  • Plessy v. Ferguson
    • Tested whether government-required racial separation violated the Fourteenth Amendment’s equal protection clause.
    • The Court upheld segregation on the grounds that facilities were supposedly equal, creating the doctrine of “separate but equal.”
    • Notable dissent argued segregation violated fundamental equality, but it was a minority view at the time.
    • Result: segregation continued for generations.

The Supreme Court shifts towards protecting minority rights in education

• Brown v. Board of Education
  • Overturned “separate but equal” in public education
  • Core reasoning: segregation in schools is inherently unequal, not just because of buildings/books, but because of its harmful effects on students and the educational system.
  • The Court emphasized that equality is not only about “tangible” resources but also about the impact of separation itself.
• After Brown: resistance and slow implementation
  • The Court initially did not give an instant, detailed enforcement plan, and desegregation faced major resistance.
  • Many districts delayed or weakened desegregation through legal tactics and local policies, meaning the promise of Brown took years to show up in real schools.
• Cooper v. Aaron
  • In response to state resistance, the Court reinforced that states must follow Supreme Court rulings.
  • Key takeaway: state/local officials cannot treat constitutional rights as optional, even if they claim public opposition or potential unrest.

Busing, quotas, and “white flight.”

• Freedom-of-choice plans
  • Some districts' “freedom-of-choice” transfer policies looked neutral on paper but often kept segregation in place due to intimidation, local pressure, and unequal access.
• Swann v. Charlotte-Mecklenburg
  • The Court approved stronger remedies to achieve real integration, including busing and districtwide tools to reduce racial separation.
  • Goal: integration could not just be “allowed,” it had to be achieved when segregation was still effectively the norm.
• Backlash and demographic shifts
  • A major response to busing and integration efforts was “white flight”:
    • Families moved to different districts/suburbs or used alternatives (private schools) to avoid integrated schools.
    • This sometime sled to cities becoming more heavily minority while suburbs became more heavily white, reinforcing inequality through housing and district boundaries.
  • Milliken v. Bradley
    • Limited how far integration plans could go across district lines.
    • Interdistrict busing could not be required just to create racial balance if district boundaries weren’t drawn with discriminatory intent.
    • Big effect: made it harder to address segregation tied to residential patterns and district boundaries, not just to one district’s explicit policies.

Voting power, districting, and minority representation

• Voting Rights Act and minority voting strength
  • Voting rights protections helped increase minority participation and representation.
  • A major modern focus has been on vote dilution: rules or district maps that reduce the real influence of minority voters, even if they can technically vote.
• Majority-minority districts
  • Districts are drawn so that a minority group makes up a large enough share of voters to elect candidates of their choice.
  • These can be used to address historic exclusion, but they also raise legal questions about when race is being used appropriately vs. excessively in redistricting.
• Thornburg v. Gingles
  • Created standards for identifying when districting unfairly dilutes minority voting power.
  • Helped define when minority groups can successfully challenge maps under voting rights principles.
• Shaw v. Reno
  • If districts are drawn primarily base don race, courts may apply strict scrutiny.
  • Core tension: protecting minority voting power vs. avoiding racial classifications that are not narrowly justified.
• Cooper v. Harris
  • Reinforced that using race as the dominant factor in distracting can violate constitutional standards unless it is tightly justified
  • Shows the Court balancing the protection of minority voting rights with the limitation of race-based redistricting.

3.13 - Affirmative Action

What “affirmative action” is

• A label for institutional efforts to diversify by race, gender, or other characteristics.
• Used in places like:
  • Hiring/recruitment
  • Awarding government contracts
  • College admissions
• The federal government has at times supported/encouraged it, but it does not require states to enforce it uniformly.

Why it’s controversial

• It sits at the intersection of:
  • Equal protection/fairness (treating people equally under the law)
  • Remedying past discrimination (correcting long-term inequality)
• Some states have banned race-based affirmative action for public college admissions (the text notes bans beginning in the 1990s through state referenda).

Seeking diversity: Early federal role

• Presidents Kennedy and Johnson helped shape language policies that did not automatically create true equality.
• The idea was that simply ending “separate but equal” policies would not automatically create true equality.
• Kennedy: Created/strengthened federal efforts tied to equal employment opportunity (early executive action pushing federal projects to “take affirmative action”).
• Johnson: Expanded the idea by pushing federal contractors to “take affirmative action” and argued that fairness sometimes requires more than “colorblind” rules

Two main viewpoints

• Colorblind/anti-classification view
  • Governments and institutions should follow Brown's logic and avoid using race altogether.
  • Worry: Using race can create new discrimination and undermine equal protection principles.
• Remedial/pro-diversity view
  • Because discrimination created real, lasting disadvantages, policies may be justified to promote party and expand opportunity for groups harmed in the past.
  • Diversity is seen as a legitimate goal for institutions and society.

“Quotas” vs “Targets”

• Some institutions set numerical goals for representation
• Supporters may frame these as targets/goals to diversity
• Critics frame them as quotas, arguing they impose rigid, unfair set-asides
• This difference matters because the Court has been much more skeptical of fixed quotas than of more individualized, flexible approaches

Supreme Court Framework: Equal Protection & Strict Security

• When race is used in admissions, courts often apply strict scrutiny:
  • The policy must serve a compelling government interest
  • And be narrowly tailored (carefully designed, not overly broad, not more race-based than necessary)

Major Supreme Court Decisions

• Regents of the University of California v. Bakke (1978)
  • Challenge to a medical school admissions system with set-aside seats.
  • The Court rejected mandatory quotas (rigid set-asides) as unconstitutional
  • But the decision left room for limited consideration of race in admissions under certain conditions (not bound by hard quotas)
  • Big idea: Affirmative action can be allowed if framed as a carefully limited policy rather than fixed quota.
• Gratz v. Bollinger (2003)
  • Undergraduate admissions at the University of Michigan
  • The Court ruled the system violated equal protection because it functioned too mechanically (automatic points tied to race), which looked like a quota-like shortcut rather than individualized review.
• Grutter v. Bollinger (2003)
  • University of Michigan Law School admissions
  • The Court upheld the policy because it treated race as one factor among many in a more dividualized process rather than an automatic boost
  • This created the common takeaway: holistic review (race as one factor) is more likely to survive than point systems/quotas
• Race-based admissions litigation continues
  • The text notes later disputes and cases continuing to refine the rules
• Students for Fair Admissions cases (2023)
  • Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina
  • The Court ruled colleges and universities cannot use race as a factor in admissions decisions in the way they previously had
  • Effect (as described): This ruling essentially ended affirmative action in higher education as it had been practiced through race-conscious admissions

Key Idea: “Reverse discrimination” argument

• A recurring argument is that affirmative action can unfairly disadvantage applicants from non-preferred groups
• Courts often evaluate whether the policy is truly designed to remedy inequity and whether it is too rigid or too race-centered

Unit 4 - American Political Ideologies and Beliefs

4.1 - American Attitudes About Gov't & Pol

Political Culture and Why Americans Disagree

• Political Culture: The shared set of beliefs/values that guide political behavior in the U.S.
• Consensus exists on many broad ideas:
  • Most people agree on basic goals (e.x, safety, education, stability)
• Conflict happens because people interpret the same goals differently:
  • E.x.: “Punish crime” is a widely supported, but people disagree on how harsh punishments should be
  • E.x, Many agree the government should help with economic security, but disagree on who qualifies and how much help

Political Ideology

• Ideology: A consistent set of beliefs about what government should do
• A common “line” use din class
  • Liberal -> Moderate -> Conservative
• This is an oversimplification, but it’s useful for discussion
• Typical patterns described
  • Conservatives (general pattern)
    • Emphasize law and order, tradition, stability
    • Prefer a smaller government with fewer services
    • Often support harsher punishment and stricter standards for welfare
  • Liberals (general pattern)
    • More open to policy experimentation and government programs
    • Accept more government action and sometimes higher taxes to fund services
    • Emphasize rights and protections, especially for individuals and groups

5 Core Values in the U.S. political culture

• Individualism
  • Definition: The belief in the fundamental worth of the individual and the importance of individual freedom and responsibility
  • Core claim: Rights belong to individuals first, and government exists to protect them
  • Range of interpretations:
    • Self-centred individualism: Individual interest above group interest, wants minimal interference
    • Enlightened self-importance: People pursue their own goals but accept some limits/taxes/rules for the common good
  • Common tension:
    • Individual freedom vs public interest/safety (ex, speech limits at school, public health rules, surveillance, etc)
• Equality of Opportunity
  • Definition: Everyone should have a fair chance to succeed
  • Not the same as equality of outcome:
    • Opportunity = access and fair rules
    • Outcome = Same results for everyone
  • Where it shows up:
    • Anti-discrimination protections and debates about what “fair chance” requires
  • Constitutional connection highlighted:
    • 14th Amendment Equal Protection Clause: People in similar conditions should be treated equally under the law
  • Policy connection examples mentioned:
    • Civil Rights protections (ex, employment discrimination rules, enforcement mechanisms like EEOC)
  • Common tension:
    • Equality of opportunity vs other values like individualism/free enterprise (ex, how much government should intervene to make changes “fair”)
• Free Enterprise
  • Definition: An economic system where private businesses compete with limited government interference
  • Key idea: Market competition rewards success, consumers and producers drive outcomes
  • Class framing:
    • “Laissez-faire” approach (let the market work with minimal regulation)
  • Modern reality noted:
    • Even many free-market supporters accept some regulations (ex, safety, minimum wage, environmental protections)
  • Common tension:
    • Free enterprise vs equality of opportunity (ex, when markets produce unequal starting points)
• Rule of Law
  • Definition: Laws apply equally to everyone and prevent leaders from ruling by personal whim
  • Why it matters:
    • Produces stability and predictability (including orderly elections and peaceful transfers of power)
  • How the Rule of Law is protected:
    • Public records and auditing
    • Independent law enforcement/courts
    • Free press and oversight
    • Whistleblower protections
    • Public accountability through elections
  • Important nuance:
    • Enforcement isn’t always perfectly equal (ex, discretion, selective enforcement)
  • Common tension:
    • Rule of law vs individual liberty (ex, security policies, surveillance, strict punishments)
• Limited Government
  • Definition: Government power should be restricted by law, rights, and checks and balance
  • Where limits come from:
    • Constitution structure (separation of powers, checks and balances)
    • Federalism (state vs national authority)
    • Bill of Rights (things government cannot do)
  • Big idea from the section:
    • Americans often support “limited government” in principle, but disagree about where the limit should be
  • Common tension:
    • Limited government vs promoting the public (ex, welfare programs, regulation, civil issues)

4.2 - Political Socialization

Major Agents of Political Socialization

• Family
  • Parents/guardians shape early views through daily conversations and cues (“kitchen table policies”)
  • Kids often match parents’ governing ideology/party, but not always, and the match can weaken with age
  • Family influence is stronger when politics is discussed openly at home
• School and College
  • K-12: Schools can expose students to civic ideas, but evidence is mixed on whether it consistently pushes students toward liberal or conservative
  • Education Environment correlates with political leanings (campus culture, majors, peer networks)
• Peers
  • People often adopt the beliefs/norms of groups they want acceptance from (social conformity)
  • Peer pressure can affect:
    • Whether someone votes
    • How strongly they identify with a party
    • What issues feel “important.”
• Media
  • A major source of political info and identity formation, especially for younger people
  • Can shape opinions through:
    • What issues get attention
    • How politics is framed
    • Repeated exposure to certain narratives
  • Social media also amplifies peer influence (likes, shares, online communities)
• Social Environments
  • Religious involvement can affect issues, positions, and party alignment
  • Different traditions/denominations often correlate with different political patterns
  • Civic Institutions
    • Groups like clubs, service orgs, sports, volunteering, etc., build norms about participation and community
    • Can either reinforce existing beliefs (like-minded groups) or broaden views (diverse groups)
• Geography (location)
  • Region/state political culture shapes beliefs through local norms & dominant party competition
  • Common patterns:
    • Some regions lean more liberal, others more conservative (often tied to religion, industry, demographics, and history)
  • Location influences which issues feel most urgent (economy, guns, unions, immigration, etc.)

Globalization and Political Socialization

• U.S. influence on other countries
  • U.S. media, products, and cultural ideas spread political values (ex, individualism, equality norms)
  • Can create:
    • Cultural change/adoption
    • Backlash/resistance
    • Debates over “Westernization.”
• Other countries’ influence on the U.S.
  • Immigration and global cultural exchange bring new political ideas and norms into American society
  • Exposure to collectivist vs individualist norms can shift attitudes about government, community, and responsibility

4.3 - Changes in Ideology

Generational Effects (Cohort Effects)

• Definition:
  • Long-term political attitudes are shaped by major events experienced during someone’s “formative” years
• Impressionable-Age Hypothesis
  • People form many durable political attitudes in the “critical period,” roughly ages 14-24
  • Big political events during that window can strongly shape ideology and party ID

Common Generational Categories (Youngest -> Oldest)

• Gen Z (often ~1995-2010)
• Millennials
• Generation X
• Baby Boomers
• Silent Generation

Millennials (general patterns)

• Social/cultural attitudes
  • More likely to support:
    • Interracial and same-sex marriage
    • Legalization of marijuana
    • Second changes/criminal justice reform
  • Identity & Information
    • More racially/ethnically diverse than older cohorts
    • More tech-centered and exposed to politics through online media
  • Government role
    • Often more supportive of government action to solve problems (ex, climate, inequality), while still valuing markets in some areas
    • Tend to support consumer/environmental protections and are more open to regulation than older conservative cohorts
  • Voting
    • In recent elections, younger voters have leaned more Democratic than older voters

Silent Generation (general patterns)

• Context shaping attitudes
  • Grew up with:
    • Great Depression/WWII aftermath
    • Early Cold War anti-communism
    • Strong “traditional” social expectations
  • Social Issues
    • More likely to hold traditional positions on social change compared to younger cohorts (on average)
  • Voting
    • Seniors tend to have the highest turnout and consistent voting habits
    • More likely to prioritize issues like Social Security, Medicare, retirement, healthcare, and safety

Using Data Across Generations

• What the data approach is showing
  • Polling over time can reveal:
    • Differences between generations
    • How attitudes shift for the total population
    • How a cohort may change as it ages (life cycle) vs stay stable (generation)
  • Typical trend idea
    • Younger cohorts often show more support for bigger government/services than older cohorts
    • The overall population can move up/down depending on events (economy, crises, policy debates)

Lifecycle Effects (Age/Life-Stage Effects)

• Definition:
  • Attitudes change as people move through life stages, because their needs and priorities change
• Examples of life-stage shifts
  • Young adults (college/early career):
    • Student debt, job opportunities, cost of living
    • May support policies like educatio help or job programs
  • Parents (raising kids):
    • K-12 schooling, local taxes, child safety, stability
  • Older adults/seniors:
    • Retirement security, healthcare costs, Medicare, prescription drugs
    • Often become more consistent voters over time
  • Key Idea
    • Generation effects = “What shaped you when you came of age”
    • Lifecycle effects = “What you care about right now because of your stage of life”

How this Shows Up in Elections

• Voting coalitions often split by:
  • Age
  • Generation
  • Issue priorities tied to life stage
• Parties/candidates targe messages based on:
  • What cohorts tend to value
  • What life-sage groups need (students vs retirees, etc.)

4.4 - Influence of Political Events on Ideology

Influence of Major Political Events (by Generation)

• Great Depression (1929-1933)
  • Increased support for government action and safety nets
  • FDR’s New Deal:
    • Government jobs and public works (infrastructure, arts).
    • Expansion of federal responsibility for economic/security stability
  • World War II
    • Reinforced national unity + belief in government’s role in defeating threats
    • Women entering the workforce helped shift attitudes about gender roles
  • After WWII (Cold War mindset)
    • USSR became the main enemy; strong anti-communism shaped beliefs about foreign policy and security
  • Vietnam War
    • Many older Americans (especially older, blue-collar, rural) were more likely to:
      • Trust the government’s intentions early on
      • Be less publicly critical compared to younger cohorts (Boomers)
    • Some still became disillusioned as the war dragged on

The Baby Boomers

• “Where were you when JFK was shot?”: Example of how defining moments stick and shape views
• 1960s-1970s political climate
  • Major assassinations (JFK, RFK, MLK Jr., Medgar Evers, Malcolm X) + mass protests
  • Vietnam + draft made activism and challenging the government more common
  • Many Boomers learned political participation through protest and movement politics
• Party shift/realignment
  • From ~1992-2006: Boomers often leaned more Democratic overall
  • Over time, Boomers’ voting patterns shifted as party coalitions changed:
    • Democrats became more liberal on social issues (abortion rights, same-sex marriage, affirmative action)
    • Many white southern/older voters increasingly moved Republican (trend strengthened into the 2000s-2010s)

The Younger Generation (Millennials/Gen X) — 9/11 + Iraq/Afghanistan + Great Recession

• 9/11 (2001)
  • Shaped views on:
    • National security, surveillance, counterterrorism
    • Patriotism/trust in government (often still lower than older cohorts)
  • Some interpret 9/11 as a justification for stronger security policies
  • Others see it as a reason to question the U.S. involvement in the Middle East
• Afghanistan + Iraq (2003 invasion)
  • Long wars influenced skepticism about intervention in “nation-building.”
  • Encouraged more reluctance to use military force in future conflicts
• Great Recession (2007-2012)
  • Economic shock increased support for:
    • Redistribution, welfare programs, and government intervention in the economy
  • Pessimism from recessions can have long-lasting effects on party preferences
• Voting patterns
  • Younger voters have leaned more Democratic in recent elections compared to older voters
  • Third-party support exists but is typically smaller than major-party support

4.5 - Measuring Public Opinion

Measures

• Scientific polling
  • Most reliable method when questions are neutral, and the sample is representative
• Why polling matters
  • Campaigns use polls to shape messaging, target voters, and plan strategy
  • Officials use polls to argue support for policies
  • The media uses polls to report trends and predict outcomes

Types of Polls

• Public opinion polls
  • General issue/candidate attitude surveys across a population
• Benchmark polls
  • Early polls used to establish a candidate’s starting support and key issue priorities
• Tracking polls
  • Repeated polls over time to detect shifts in opinion during a campaign
• Entrance polls/Exit polls
  • Conducted at polling locations to predict outcomes and analyze who voted and why

Presidential Approval

• Approval ratings
  • Measures approve/disapprove of the president’s job performance
  • Often higher early (“honeymoon period”), then can shift based on events’policy
• What approval reflects
  • Economy, crises, war, scandal, and major decisions
  • “Right track/wrong track” questions measure national mood and incumbent strength

Focus Groups

• Focus groups
  • Small groups (often ~10-40) discuss issues/candidates to reveal deeper reasoning
  • Useful for testing messaging and candidate image
  • Not as representative as a scientific poll, but valuable for strategy

Methodoly

• Questions
  • Word effects
    • Small wording changes can shift results (neutral vs emotionally loaded language)
  • Question order effects
    • Earlier questions can influence the answer to later questions
  • Framing
    • Presenting an issue in a certain context can change support levels
• Sampling Techniques
  • Universe
    • The full group you want to describe (all adults, registered voters, likely voters)
  • Representative sample
    • A smaller group that mirrors the universe
  • Random sample
    • Everyone in the universe has an equal chance to be selected
  • Random-digit dialing
    • Randomly generated calls to build a random sample
  • Weighting (stratification)
    • Adjusts results so sample demographics match the population

Common Problems With Polling

• Sample error (margin or error)
  • Difference between sample results and true population views
  • Larger samples generally reduce the margin of error (often around ±3-4% in many polls)
• Nonattitudes
  • People answer without strong opinions or knowledge, producing unstable results
• Human bias (interviewer effects)
  • Answers may change depending on the live vs anonymous format, or the interviewer's identity
• Push polling
  • Persuasion disguised as polling, using leading/loaded questions
• Unscientific internet polls
  • Open online polls often have self-selection bias and are not representative

Methodology Moving With the Public

• Technology changes polling
  • The shift from landlines to cell phones changed who pollsters can reach
• Declining response rates
  • More people ignore calls/texts, making true representation harder
  • Pollsters use mixed methods (call samples, texts, online panels) to reach hard-to-get contact groups

4.6 - Evaluating Public Opinion Data

Why Public Opinion Data Matters

• Public opinion shapes:
  • What candidates talk about (“horse-race” coverage vs. policy)
  • Who gets media attention, debate spots, and momentum
  • What elected officials think is “safe” or “popular” to support

Claims, Credibility, and Public Opinion Data

• “Horse-race” focus
  • The media often frames politics as who’s winning, not what policies do
  • This can crowd out issue-based coverage and make polls feel like “facts’ about reality
• Bandwagon effect
  • People are more likely to support a candidate/position that appears to be leading
  • Can affect:
    • Turnout (“My candidate will win anyway, so why vote?”)
    • Fundraising (front-runners attract more money)
    • Media coverage (leaders get more attention, which reinforces the lead)

Influence on Policy Debate

• Polls can influence government decision-making differently across branches:
  • Congress: House members (short terms) tend to be more sensitive to polling than senators
  • President: May use approval/public mood as a “mandate” to push an agenda
  • Courts: Less directly influenced because judges are appointed for life (more insulated)

Reliability and Veracity of Public Opinion Data

• Candidate error
  • Compares what polls predicted vs. the actual election results
  • Polling has improved overall, but still has major misses
• Why polls can be wrong (common sources of error)
  • Social desirability bias
    • Respondents give answers that sound socially acceptable, not what they truly believe/do
    • Can distort:
      • The reported likelihood of the “true” preference feels embarrassing
    • Bradley effect (example of social desirability bias in elections)
      • Polls overestimate support for a candidate because some voters won’t admit their real preference
    • Non-response bias
      • Certain types of people are less likely to answer polls
      • If those missing groups share political traits, the results skew

Accuracy in Recent Polls (Big Idea)

• Recent election cycles show polling can be “close” nationally, yet still miss key outcomes (especially across states)
• Accuracy depends on:
  • Who is reached, who answers, and how the sample is weighted
  • Late-deciding voters and turnout assumptions

Pollsters/Data vs. Fact

• Poll results are data, not automatically the truth
• Groups may use polls to persuade, fundraise, or “prove” a narrative
  • Partisan orgs, interest groups, PACs may highlight polls that help their cause
  • Push polling isn’t a neutral measurement; it’s persuasion disguised as a poll

4.7 - Ideologies of Political Parties

Political Ideologies

• Ideology: A comprehensive and mutually consistent set of ideas about what a government should do
• Valence Issues: Concerns viewed the same way across ideologies
  • Most Americans agree on broad goals (economy, security, education, free speech)
  • Candidates debating valence issues sound nearly identical
• Wedge Issues: Sharply divide the public
  • Used by political groups to force a clear side (ex, abortion, military intervention)
• Saliency: How important an issue feels to a person
  • Varies by group (ex, Social Security for seniors vs. job opportunities for younger voters)

The Liberal-Conservative Spectrum

• Liberal (“left”) and Conservative (“right”) label each end of the ideological spectrum
• Most Americans are moderate
  • Somewhere in between, never fully in one camp
  • Many people think conservatively on some issues and liberally on others
• Labeling the two parties as purely liberal or conservative is an oversimplification
• How the term evolved:
  • Early U.S.: “Liberal” meant limited government, free markets, fewer laws (Jeffersonian idea)
  • 1930s (FDR/New Deal): “Liberal” shifted to mean openness to government action beyond established constraints
  • “Conservative” came to describe those who value tradition, authority, and less government’
  • Barry Goldwater (1960s): Reinforced modern conservatism — less regulation, more personal responsibility, opposition to New Deal expansion
  • “Fiscal conservatives” = want less taxation and less government spending
• Since FDR and Goldwater, the terms have continued to evolve
  • Cultural/social issues in the 1960s-1970s further changed the meaning of both labels
  • Some policies labeled “conservative” (ex, restricting abortion, defining marriage) actually require more government involvement, not less

Other Ideological Positions

• Many people don’t fall neatly on the liberal-conservative spectrum
• Libertarian
  • High regard for civil liberties (Bill of Rights)
  • Oppose censorship, want lower taxes, dislike government-imposed morality
  • Conservative on economic issues (less spending, less regulation)
  • Liberal on social issues (pro-choice, support LGBTQ equality)
  • Found in both major parties, not just the Libertarian Party
• Populist
  • Generally follow fundamental Christian values, a strict moral code
  • More common in the South and Midwest, working-class backgrounds
  • Favor workplace safety protections and farm subsidies
  • Would curb obscene/unpatriotic speech, and be less sympathetic to accused criminals
  • Donald Trump was the populist’s candidate in 2016
• Blue-collar, non-college-educated voters in Rustbelt cities helped swing the election.
• Progressive
  • Emerged from the Republican Party in the early 1900s
  • Challenged government corruption and concentrated power
  • Modern progressives align with labor unions, prioritize workers’ rights over corporate rights
  • Believe wealthier classes should pay a much larger share of taxes

Ideology by the Numbers

• 35-45% of Americans consider themselves moderate
• More self-described conservatives than liberals, though the gap has narrowed over time
• Party affiliation (2020 Gallup):
  • ~27% Democrat
  • ~30% Republican
  • ~42% Independent

Party Platforms

• A platform is the party’s official list of principles and policy goals
  • Approved at the national convention every four years
  • Internal debates over wording can reveal intraparty divisions
• Democratic Party Platform 2024 (key themes):
  • Economy: Focus on middle-class and working families
  • Education: equal access regardless of zip code or income
  • Environment: Climate change as an existential threat
  • Foreign policy: Support democracies and allies abroad
  • Reproductive freedom: Restore protections from Roe v. Wade, protect IVF access
  • Tax policy: Fair investments in national priorities
• Republican Party Platform 2024 (key themes):
  • Abortion/reproductive rights: Oppose late-term abortion, support prenatal care and IVF access
  • Economy: Cut regulations and pursue tax cuts
  • Immigration: Restore border enforcement, complete the border wall, halt illegal releases
  • Law enforcement: Replenish police departments, restore law and order
  • Trade: Protect American workers from unfair foreign competition
  • Transgender issues: Oppose taxpayer-funded gender surgeries, keep transgender athletes out of women’s sports

Key Policy Differences Between the Parties

• Democrats:
  • More government services for people with low incomes (including healthcare)
  • Support business regulation for environmental quality and equal rights
  • Favor rehabilitation over severe punishment, often oppose the death penalty
• Republicans:
  • Oppose higher government spending and entitlement expansion (Social Security, Medicare)
  • Support a strong national defense and limited business regulation
  • Favor full prison sentences, support the death penalty in certain cases
• Geographic patterns:
  • Democrats carry northeastern states and the West Coast
  • Republicans carry the South and rural West/Midwest
• Demographic patterns:
  • Democrats have increased support among women, African Americans, and Hispanics
  • Republicans rely on voters who support limited gun regulation, anti-abortion legislation, and national security

4.8 - Ideology and Policy Making

Influences on Public Policy

• Political ideologies shape policy debates and choices across domestic, economic, and foreign policy
• Policy is created and shaped in many ways:
  • Congress is inserting language into a bill
  • Presidents negotiating with foreign leaders
  • Courts setting precedent
  • Agencies changing procedures (ex, postal delivery schedules)
• The impetus for policy comes from Americans’ values, attitudes, and beliefs

Majoritarian Policy Making

• Majoritarian policy making: Policy that emerges from the interaction of people with government to carry out the will of the majority
• A president seeking reelection may go with public opinion on new laws or enforcement approaches
• State referenda and ballot initiatives are examples of participatory democracy
  • Citizens directly alter policy when the legislature refuses to act
• Important limit:
  • The framers built a republic, not a pure democracy
  • Designed to prevent the tyranny of the majority from overrunning minority rights
  • Factions (often minority interests) will press the government to address their needs

Interest Group Policy Making

• Interest groups interact with all three branches of government
• They influence policy by:
  • Finding and funding sympathetic candidates
  • Providing expert testimony at hearings
  • Pushing for specific policies that satisfy their members
• Represents a pluralist approach to policymaking
  • Diverse groups (ethnic, ideological, and economic) compete to shape public policy
  • Compromise allows the government to address as many concerns as possible

Balancing Liberty and Order

• Two underlying principles guide all policy debates:
  • Individuals liberties
  • Stability and social order
• Policy debates aim to find the right balance between these values.
• Laws and policies balancing order and liberty are based on the Constitution and have been interpreted differently over time.e

Formation of Policy

• Agenda: A list of potential policy ideas, bills, or plans to improve society
  • Legislators and bureaucrats develop and reshape the agenda
  • Could include new law enforcement methods, tax changes, or foreign policy plans
• Each new policy idea involves a cost-benefit analysis
  • Weigh the costs (money, disruption, sacrifice) against the benefits

Policy Sequence

• Step 1 — Issue recognition:
  • An issue gains public attention (ex, a citizen push to ban smoking, or a debate over a defense contract)
• Step 2 — Investigation:
  • Congress may use investigatory power to study the issue
  • Committees hear expert testimony and consider all sides
• Step 3 — Formulation:
  • Government puts policy on paper (new bill, executive directive, enforcement change)
  • Language is debated and refined
• Step 4 — Adoption:
  • The government works toward passing/adopting the policy
  • Changes in law usually come incrementally; most passable ideas first, major overhauls later
• Step 5 — Implementation and Administration:
  • The executive branch enforces the new policy
  • May require creating a new agency or expanding an existing one
  • Government evaluates the policy after implementation (agency reports, congressional oversight)
• Step 6 — Challenges and revision:
  • Opponents may file suit to overturn the law in court
  • Citizens can use referenda to repeal controversial laws (ex, Ohio's Senate Bill 5 on collective bargaining was repealed by voters in 2011)
  • Policies (especially wedge issues) swing back and forth in relatively short periods of time

4.9 - Ideology and Economic Policy

The Economy and Elections

• The economy is one of the strongest factors in elections
  • Incumbent presidents who sought reelection during a bad economy almost always lost (ex, Hoover in 1932, Ford in 1976, Carter in 1980, Bush Sr. in 1992)
  • Voters adversely affected by the economy will vote against the incumbent party
• Most people want three things from government finances:
  • Lower taxes
  • No national debt
  • Enhanced government services
  • Having all three is impossible — politicians must make tradeoffs

Political Ideologies and the Marketplace

• A key ideological difference: how much the government should be involved in the economy
• Liberals:
  • Favor considerable government involvement to keep the economy healthy and protect the public good
  • Supported the Recovery Act of 2009 (heavy government spending to stimulate the economy during the Great Recession)
• Conservatives:
  • Rely on "supply-side" theories — less regulation, tax cuts, let markets work
  • Criticized the Recovery Act for emphasizing spending over tax cuts
  • Supported the Economic Stimulus Act of 2008 (tax cuts under Bush)
• Libertarians:
  • Opposed both approaches as an inappropriate expansion of government power
• These views are based on different economic theories:
  • Liberals → Keynesian economics (John Maynard Keynes)
  • Conservatives → Supply-side economics (influenced by Milton Friedman, Alan Greenspan)

Keynesian Economics

• Fiscal policy: The part of economic policy dealing with government spending and taxation
• Core idea: If left alone, the market will not always operate at full capacity
  • Not all people will be employed, and the dollar's value may drop
• When demand is too low:
  • The government should put more money into the economy by reducing taxes and/or increasing spending (even if it means borrowing)
  • Ex: 2009 American Recovery and Reinvestment Act
• When demand is too high:
  • The government should take money out of the economy by taxing more and/or spending less
• Multiplier effect: An increase in government spending produces economic growth greater than the amount spent
  • Ex, $10 billion in spending could cause $15 billion in total output
  • Construction workers earn income → spend at businesses → those businesses hire more → cycle continues
• Keynesian economics = one end of the spectrum (significant government involvement)
  • FDR's New Deal was based largely on Keynesian ideas
  • Agencies like the WPA, PWA, and CCC built public works and provided jobs during the Great Depression

Supply-Side Economics

• Core idea: The government should leave as much money as possible with the people
  • Let the laws of supply and demand govern the marketplace
  • Known as laissez-faire or free-market theory
• How it's supposed to work:
  • Lower taxes → people have more money to spend and invest
  • More spending → businesses grow → more jobs → government still collects revenue through increased economic activity
• Tax Cuts and Jobs Act (2017):
  • Promoted by President Trump and the Republican Congress
  • Temporarily lowered individual taxes, permanently lowered corporate taxes
  • Proponents argued that savings would "trickle down" to workers through higher wages and more hiring
• Libertarians go even further:
  • The government should do no more than protect property rights and voluntary trade

Fiscal Policy

• Taxing
  • Article I gives Congress the power to tax, but the framers were vague about how
  • Early revenue came mostly from customs duties on imports
  • First income tax: temporary, during the Civil War
  • Pollock v. Farmers' Loan and Trust (1892):
    • The Supreme Court ruled income taxes unconstitutional because Article I didn't specifically grant that power
  • Amendment (1913):
    • Gave Congress the power to tax individuals' incomes directly
    • Led to the creation of the Internal Revenue Service (IRS)
    • Today, income taxes are the largest share of federal revenue
  • Progressive tax: Tax rate increases as income increases
    • During WWII, the highest bracket paid 94%
    • Under Kennedy (1962), the top rate began dropping
    • Under Reagan (1980s), it fell below 30%
    • In recent decades, the top bracket has hovered between 35–40%
    • Trump's Tax Cuts and Jobs Act lowered the highest bracket to 37%
  • Taxes as social policy:
    • Liberals use tax incentives to encourage behaviors (ex, energy-efficient purchases, solar panels)
    • The 2017 reform eliminated some of those incentives while increasing child tax credits
  • Flat tax: Taxes all citizens at the same rate
    • Supported by some conservatives on the far right
    • Libertarians argue that taxes should not be used to coerce behavior at all
  • Reality of who pays:
    • Nearly 40% of income goes to the federal government (seems high)
    • But only the richest Americans actually pay at the highest rates
    • Over 18 million people don't file returns; over 30 million pay no federal income tax
    • Middle-class families (~$165,000/year) pay roughly 12–22%
• Spending
  • The budget process is highly partisan
    • Republicans lean toward fiscal conservatism
    • Democrats tend to spend more on social programs and the arts
  • The president initiates the annual budget, but Congress controls the final version
    • The opposition party often calls the president's budget "dead on arrival."
  • Both parties typically spend more than the government takes in, increasing the national debt
  • Balancing the budget is nearly impossible
    • Bill Clinton (1993–2001) was the only recent president to balance it
    • Neither party has been able to sustain a balanced budget
  • Welfare programs make up a small slice of the budget (1–2%)
• Monetary Policy
  • Monetary policy: How the government manages the money supply and the value of the dollar
  • Key concept: Supply and demand determine the value of money
    • Too many dollars in circulation → inflation (rising prices, devaluation)
  • Conservatives tend to prefer monetary policy adjustments over fiscal policy
    • View government spending as wasteful and unnecessary

The Federal Reserve System

• Created by Congress in 1913
• Structure:
  • Federal Reserve Board: 7 "governors" appointed by the president, confirmed by the Senate, serving staggered 14-year terms
  • One governor serves as chairman for a 4-year term
  • 12 Federal Reserve Banks across the country
• The Fed is an independent agency in the executive branch
  • Presidents shape it through appointments, but cannot easily remove governors
  • Designed to act in the nation's interest, not at the whims of a president or party
• What the Fed does:
  • Sets terms for U.S. bonds and treasury bills
  • Raises or lowers the discount rate
  • Alters banks' reserve requirements
• Discount rate: The interest rate at which the government loans money to commercial banks
  • Lower discount rate → banks borrow more → lower interest rates for consumers → more spending → economic growth
  • Higher discount rate → slows lending → slows spending → fights inflation
• Reserve requirement: How much cash banks must keep on hand
  • Lower reserve requirement → banks can loan out more → stimulates the economy
  • Higher reserve requirement → banks loan less → interest rates rise
• Bonds (securities): Government IOUs
  • The Fed buys and sells bonds to/from commercial banks
  • Buying bonds = giving banks more money to lend
  • Selling bonds = pulling money out of circulation
• Differing views on monetary policy:
  • Conservatives (Friedman, Greenspan): Monetary policy is the best stabilizer — lower interest rates to stimulate lending and growth; guards against inflation
  • Liberals: Criticize "easy-money" policies — point to the Great Recession as evidence that loose lending and low rates can cause housing bubbles and economic collapse

Political Ideologies on Trade

• Globalization: The process of an expanding, increasingly interconnected world economy
• Trade balance: A nation that exports more than it imports has a favorable trade balance
  • A nation that imports more than it exports has a trade deficit
• Article I, Section 9: Congress cannot tax exports but can tax imports (tariffs/duties)
  • Tariffs are designed to give American manufacturers an advantage
• North American Free Trade Agreement (NAFTA, 1994):
  • Lifted trade barriers among the U.S., Canada, and Mexico
  • Removed import taxes among the three nations
• Debate over free trade:
  • Conservative/business side: Free trade opens markets, reduces poverty globally, and benefits consumers
  • Liberal/labor side: American firms outsource jobs, workers lose employment (ex, Detroit auto industry)
  • Laissez-faire economists argue that lifting barriers creates a free flow of goods on a global scale

4.10 - Ideology and Social Policy

Social Issues and Ideology

• The Constitution's Preamble declares the government will "promote the general welfare," but opinions vary widely on how to accomplish that goal.
• Social welfare: government support for disadvantaged people to meet basic needs
• Key historical programs: New Deal (1930s), Great Society (1960s), Affordable Care Act (2010)
• Political ideologies vary in the extent of government involvement in social issues.s

A Social Safety Net

• Liberal view: government should provide a safety net for people in need, funded by higher taxes
• Entitlements: government services promised by law to citizens — major contributors to annual deficits and overall debt
  • Congress defines eligibility criteria for individuals, groups, and state/local governments.
• Mandatory spending: funds that must be spent on those legally "entitled" to them
  • Examples: Social Security, Medicare, Medicaid, block grants, financial aid, food stamps

Social Security

• Largest entitlement program — created by the Social Security Act during the Great Depression (1929–1939)
• Created a federal safety net for the elderly and unemployed; greatly expanded the government's role
• How it works: employees and employers each pay 6.2% of wages into a trust fund (12.4% total)
  • Officially called Old Age, Survivors, and Disability Insurance (OASDI)
  • The trust fund is kept separate from the general treasury as an independent agency
  • Social Security Administration: ~60,000 employees, 1,400+ offices nationwide
  • Constitutes more than 20% of the federal budget
• Looming crisis: Americans are living longer, extending the time they collect benefits
  • Trust fund projected to be exhausted by 2042; revenue projected to drop 25%
  • Proposals include privatizing the program or raising the retirement age
• Political reality: called the "third rail" of politics — no politician wants to touch it because of massive constituent backlash

Medicare and Medicaid

• Combined, they make up nearly 20% of the federal budget
• Medicare
  • Government-run health insurance for citizens over 65
  • Created in 1965 under LBJ, administered by the Dept of Health and Human Services
  • Funding: payroll tax of 1.45% paid by both employer and employee (recently increased to 3.8% for those earning over $200K/year)
  • Broken into four parts: hospitalization, physicians' services, Medicare Advantage (public-private partnership), and prescription drug benefit
  • Covers up to 80% of health care costs for those 65+ who qualify
• Medicaid
  • Health care program for the impoverished who cannot afford the necessary medical expenses
  • Eligibility requirements: must meet minimum-income thresholds, have a disability, or be pregnant
  • Largely administered by states, the federal government pays the bill.

The Great Society

• President Johnson's initiative — included War on Poverty programs
• Provided additional aid for the poor, subsidized housing, and job retraining programs
• Federal spending increased from ~$10 billion (1960) to ~$30 billion (1968)
• Poverty rates fell dramatically, especially among African Americans

Conservative Opposition

• Conservatives and libertarians have long opposed expensive government programs.s
• Reagan (196): articulated the conservative view supporting Barry Goldwater — government can't control the economy without controlling people
• Reaganomics (1981): cut back government social spending, lowered taxes, supported free market activity
  • Welfare programs, food stamps, and public housing were cut.

Health Care

• Americans purchase coverage through employers or on their own; insurance covers doctor visits, prescriptions, operations, etc.
• Many politicians have favored a government-based health care system for a decade.s
• Patient Protection and Affordable Care Act (2010): sometimes called "Obamacare."
  • Became a divisive party-politics issue; conservatives objected to government overreach.
  • Conservatives push for the privatization of Medicare/Medicaid to reduce mandatory spending and increase competition.
  • Favorability has increased gradually since passage; polls show a 2- to 9-point favorable differential as of late 2019

Labor

• Conservative View
  • Labor is an element of the free market that the government should not regulate.
  • Wages should be determined by supply and demand
  • Tend to view organized labor as a negative influence
• Liberal View
  • Labor is a unique element — workers with higher wages are more motivated and stay longer.
  • Factors beyond supply and demand affect labor (e.g., human behavior, loyalty).
  • View organized labor positively — unions have won the 40-hour work week, employer-provided health care, and many other benefits through collective bargaining.
• Key Labor Legislation
  • Wagner Act (1935): created a federal commission to regulate labor organizations and rule on unfair labor practices; established minimum wage, 40-hour work week, and overtime pay
  • Taft-Hartley Act (1947): passed by Republicans after WWII; enabled states to outlaw the closed shop; allowed "right to work" laws (28 states have them by 2020)
  • Reagan and the Air Traffic Controllers (1981): Reagan fired striking air traffic controllers, declared the strike illegal; their union was decertified — this dramatically reduced labor walkouts going forward

Ideological Differences on Government and Privacy

• Both liberals and conservatives care about personal choice and individual freedoms, but differ on the role of government in regulating private matters.
• Liberals: government should not regulate private, personal matters
• Social conservatives: government needs to protect core values even if it intrudes on some individual freedoms
• Privacy and Intimacy
  • Griswold v. Connecticut (1965): established a precedent for the right to privacy in matters of intimacy — struck down a CT law forbidding contraception.n
    • The decision enshrined a right to privacy in the Bill of Rights
    • Led to later decisions preventing states from outlawing abortion and same-sex marriage
  • Conservative position: if states pass privacy laws, the federal government should not overrule them since the right to privacy is not explicitly in the Constitution
    • Bathroom bills: conservatives argue state law should stand regarding transgender bathroom use; some students see forced co-ed bathrooms as a privacy violation
  • Informational Privacy
    • Both sides value personal data privacy, but disagree on the balance between liberty and national security.
    • Conservatives tend to support government surveillance efforts when national security is at stake.
    • Liberals tend to favor stricter limits on government surveillance
    • Both sides joined in opposing the NSA's bulk data collection; both support FISA court oversight of information requests

Education and Religion

• Conservatives generally want less government intrusion on education and religion than liberals do
• School vouchers: Some states provide public funds (vouchers) to help families pay for private/religious schools
  • Conservatives argue that school choice and competition improve all schools
  • Liberals worry that diverting funds from public schools weakens an already challenged system
• Religious liberty vs. nondiscrimination: conservatives are more opposed to government interference in religious practice, even when it clashes with federal nondiscrimination law
• Masterpiece Cake Shop v. Colorado Civil Rights Commission (2017): The Supreme Court ruled on First Amendment grounds that a state could not compel a merchant to serve customers preparing for a same-sex wedding
  • In 2023, the Court ruled (6–3) that a web designer's right to refuse same-sex wedding content based on religious beliefs was protected

Views of College-Educated Americans on Social Issues

• Prefer government-run health care: Democrats 72% vs. Republicans 8%
• Government should ensure all have health care: Democrats 84% vs. Republicans 22%
• Taxed too little or the right amount: Democrats 71% vs. Republicans 30%
• Poor people pay too much in taxes: Democrats 57% vs. Republicans 27%
• Abortion is morally acceptable: Democrats 82% vs. Republicans 41%
• Homosexuality is morally acceptable: Democrats 86% vs. Republicans 49%

Unit 5 - Political Participation

5.1 - Voting Rights and Models of Voting Behavior

Redefining "We the People"

• Voting = most common form of political participation
• Electorate — citizens who go to the polls to vote for candidates and offices
• Elections occur every four years at the local, state, and federal levels
• Over time, voter eligibility expanded to include the working class, African Americans, women, residents of Washington DC, and young adults

An Expanding Electorate

• Franchise — the right to vote
• Originally, only property-owning White males could vote
• The Constitution left voting qualifications to state governments
  • States did not grant suffrage equally — imposed religious tests, property requirements, and poll taxes
  • Barred women, African Americans, and immigrants from voting
• Activists worked for over 100 years to persuade states to extend suffrage

Andrew Jackson and Expanding Suffrage

• Popular leader who advocated for expanding suffrage to all White men
• Called for the end of the property requirement to vote
• During/after his presidency (1829–1837), universal male suffrage became a reality
• By 1830, almost all states had removed property requirements
• By 1823, all states allowed popular elections to name electors

Suffrage Amendments

• Fifteenth Amendment (1870) — cannot deny vote based on race, color, or previous condition of servitude.
• Nineteenth Amendment (1920) — cannot deny vote based on sex
• Twenty-third Amendment (1961) — DC residents get presidential electors (no more than the least populous state)
• Twenty-fourth Amendment (1964) — cannot deny vote for failure to pay poll tax
• Twenty-sixth Amendment (1971) — citizens 18+ cannot be denied the right to vote based on age

African American Suffrage

• 1830s — six northern states permitted free African Americans to vote
• After the Civil War (1865), Congress passed the Thirteenth, Fourteenth, and Fifteenth Amendments
  • Thirteenth — freed the enslaved.
  • Fourteenth — granted citizenship and guaranteed legal protection
  • Fifteenth — gave African American males the right to vote (first constitutional mandate on state voting requirements)
• Initially enforced by a northern-dominated Congress and Union Army presence in the former Confederacy
• After the withdrawal of Union troops (1876–), the Jim Crow era began
  • Southern legislatures segregated citizens and created loopholes to circumvent the Fifteenth Amendment
  • KKK intimidated and abused African Americans to keep them from the polls

Structural Barriers

• Literacy test — a reading/writing test used to disqualify Black voters
• Poll tax — a fee required to vote; discouraged poor Black voters
• Grandfather clause — allowed states to let someone vote if their grandfather could, bypassing literacy tests/poll taxes for White voters
• White primary — Democratic Party restricted primaries to White men's clubs; by 1915, thirteen southern states used it
• These loopholes suppressed the Black vote without explicitly violating the Fifteenth Amendment
  • By 1900, White voters dominated every parish in Louisiana; only 1,342 African Americans were registered by 1904
• Black voting reached an all-time low in the 1920s

Progress Through Law

• Seventeenth Amendment (1913) — popular elections for senators (previously chosen by state legislatures)
  • Forced senators to pay more attention to how citizen-voters regarded them

Key Supreme Court Cases

• Guinn v. United States (1915) — The Supreme Court ruled the grandfather clause unconstitutional.
• Smith v. Allwright (1944) — The Court declared the White primary a violation of the equal protection clause.
  • Southern Black registration increased from 151,000 to 595,000 after the White primary was struck down.
  • Southern Black voter turnout: 4.5% in 1940 → 12.5% in 1947

Civil Rights Legislation

• 1957 Civil Rights Act — first civil rights bill since Reconstruction; addressed voter registration discrimination; created U.S. Office of Civil Rights
• 1964 Civil Rights Act — addressed voting and other discrimination
• Twenty-fourth Amendment (1964) — outlawed poll taxes in federal elections
• 1965 Voting Rights Act — outlawed literacy tests; put states with low voter turnout under federal supervision
  • Preclearance — states with a history of voting discrimination had to get federal approval before changing election laws
  • By 1967, Black voter registration in six southern states increased from ~30% to 50%+

Shelby County v. Holder (2013)

• Supreme Court struck down the Voting Rights Act's preclearance formula (5–4 decision)
  • Ruled that the coverage formula was based on outdated data and no longer responsive to current conditions
  • Chief Justice Roberts: Registration and turnout numbers had risen dramatically since the original act
  • Justice Ginsburg dissented — compared it to throwing away your umbrella in a rainstorm because you're not getting wet

The District of Columbia

• Twenty-third Amendment (1961) — gave DC presidential electors, but no more than the least populous state
• DC is not a state — no voting representatives in the House or Senate
  • DC has 544,270 residents (2024) but only 3 electoral votes
  • Has voted for the Democratic candidate every year since 1964

Women's Suffrage

• The push for women's suffrage began in the mid-1800s
• Wyoming, Idaho, and Utah were among the first states to admit women to the polls
• Nineteenth Amendment (1920) — women's suffrage became a national reality
• Susan B. Anthony — leading suffragist; spoke at conventions, organized associations; in 1872, illegally voted and was tried by an all-male jury
• Jeanette Rankin — first woman elected to Congress (Montana, 1916)
• By 1914, eleven states allowed women to vote
• Women's groups picketed the White House to pressure Woodrow Wilson
• First presidential election after suffrage: only 36% of women voted vs. 68% of men
• By 1980, women's voter turnout surpassed men's and has stayed higher ever since
• The gender gap in partisan voting appeared in 1980 — women have voted more frequently for Democrats
  • 2024: 53% of voters were women, 47% men; 53% of women voted for Kamala Harris, 55% of men voted for Donald Trump

Young Adults

• Most states used to require voters to be 21 years old
• Post-WWII momentum: Congress had sent 18–20-year-olds to Vietnam who couldn't vote
• 1970 — Congress amended the 1965 Voting Rights Act to lower the voting age to 18
• Twenty-sixth Amendment (1971) — prevents states from denying citizens 18+ the right to vote

Rounding Out the Electorate

• By the late 1950s, American values regarding democracy and who could vote were only partially settled.
• Key legislation and amendments completed the expansion of the electorate.e

Voting Models

• The decision-making process voters use when choosing a candidate
• All models affect voting behavior with various levels of influence

Rational-Choice Voting

• Rational-choice voting — voter examines issues/candidates and votes for whichever seems to benefit them most
  • The voter evaluates campaign promises and platform points, then consciously decides.
  • May focus on individual interests ("who will help me get medical care?") or broader concerns ("what is best for America?")
  • Critics note voters sometimes vote against their own economic self-interest (ex, Trump gaining support from non-college-educated, wage-earning voters despite tax/deregulation policies that may harm them)

Retrospective Voting

• Retrospective voting — voter looks backward at candidates' track records to decide
  • For incumbents: assess their accomplishments/shortcomings while in office
  • For open seats: consider the incumbent party's recent track record
  • If the economy is bad under one party, a retrospective voter may switch parties

Prospective Voting

• Prospective voting — voter looks forward, anticipating how candidates/policies might affect their future
  • Considers proposed ballot initiatives and how they might impact their lives or government operations
  • Ex: casinos backing efforts to legalize gambling — prospective voters see new jobs and tax revenue
  • 2020 primary: Sanders (progressive, "Medicare for All") vs. Biden (incremental change, building on Obama-era policy) — voters chose based on their vision for the future

Party-Line Voting

• Party-line voting — voter affiliates with a party and consistently votes for that party's candidates
• Party identification — the easiest predictor of a voter's habits; self-identifying with a party
  • 2016 CNN exit poll: 89% of Democrats voted for Clinton; 90% of Republicans voted for Trump

Other Factors: Candidates and Issues

• Voters sometimes cross party lines — drawn to the other team's candidate
• Personality, integrity, or competence of a candidate matters
  • In candidate-centered campaigns, parties may downplay party labels and emphasize personal qualities (military service, business success, etc.)
  • Character matters — ex, 2017 Alabama Senate race: Roy Moore (R) lost to Doug Jones (D) after allegations of sexual abuse; even fellow Republican Sen. Richard Shelby said he would not vote forMoorer.e
• For "pocketbook" voters, the economy is often the top issue
  • If the nation is in a downturn, the incumbent is usually held responsible

5.2 - Voter Turnout

Influences on Voter Turnout

• In November 2016, about 138 million people voted — just over 60% of Americans old enough to vote.
• A citizen's upbringing, political ideology, efficacy, awareness, and cultural background all influence civic participation.n
• Voting-age population — everyone at or over the age of 18
• Voter turnout — the number of voters who actually cast votes as a percentage of the voting-age population
• In the late 19th century, voter turnout was the highest in American history (some estimates show up to 90%)
  • Restrictions on race, sex, and age mean that those eligible were a minority of the population
  • Manipulation of the ballot box and fraudulent practices skewed those estimates
• Fewer citizens show up for congressional midterm, county, municipal, and school board elections than for residential elections
• Those who identify with a political party invariably vote for candidates from that party
• Other major factors: the candidate, contemporary political issues, religion, ethnicity, and gender

State and Local Administration of Elections

• States' election laws authorize a state department, a bureaucratic agency, and/or the secretary of state to oversee elections statewide.
• Certain customs and procedures are consistent statewide (voter registration guidelines, voting location times, candidacy filing procedures, ballot criteria)
• County or local governments conduct and oversee local elections even when the election is for a federal office.s
• Wards — counties, cities, and towns are subdivided into these for voting purposes.
• Precincts — small geographic areas of about 500–1,000 voters who all vote at an assigned polling place
• A state elections official oversees the process statewide; county-level boards of elections tabulate and report the results.s
• Winning candidates are typically known late on election night or by the following day, but authorities may take days or weeks to verify the count and wait for absentee ballots.
• Voter registration — enrollment in the electoral roll, typically 30 days before the election
  • Most states require a voter to be at least 18, a U.S. citizen, a state resident, and a non-felon.

Who Governs Elections?

• State: sets times/locations, chooses ballot format, creates rules for voter registration, draws congressional district lines, certifies election results
• Federal: sets date for federal general elections, has judicial jurisdiction on election policy, addresses suffrage in constitutional amendments, enforces civil rights legislation, and administers campaign finance rules.

Government Policies and Voter Participation

• National Voter Registration Act (NVRA) of 1993 — also known as the "motor-voter law"
  • Passed to increase citizen participation and alleviate the burden of registering to vote
  • Addresses national standards and enforcement of voter registration, mail-in registration, and government agency-based registration
  • Requires states to offer registration at state-run agencies like the DMV
  • Increases the number of eligible citizens who register, expands registration locations, and protects election integrity
• Census Bureau report: 21% registered at a county office, 21% at a motor vehicle agency, 13% mailed in their registration, 6% registered at the polls on election day

Federal Response to the 2000 Election

• 2000 presidential election (Bush v. Gore) — one of the closest and most controversial elections in U.S. history
  • Controversial Florida recount ended with a Supreme Court ruling that stopped it — Court said Florida procedures violated equal protection
  • George W. Bush became president
• Help America Vote Act (HAVA) of 2002 — imposed requirements on states to create national standards for voting and election management.
  • Required states to upgrade to electronic voting systems (replace punch card and lever systems)
  • Addresses voting for people with disabilities — polling places must be accessible.e
  • Requires a voting system that lets voters review and change their choices before confirming
  • Requires a driver's license or the last four digits of SSN to verify identity at the polling place
  • Military personnel overseas must have access to absentee ballots and election information.n
• Since 2000, 75% of the nation has changed how it votes — elections are more accurate with more safeguards.

Voter Registration

• Election schemes during the age of organized corruption led to the need for voter registration
• Registration enables governments to prepare for elections, verify voter qualifications, and assign voters to one polling place
• Ways to register: walk in with ID and Social Security number, by mail, or online
  • 42 states and three territories offer online voter registration
  • 23 states and DC allow same-day registration and voting
  • 20 states allow a two-stage process on election day (3 only during early voting)
• A criminal record can affect one's voting rights
  • All but two states prevent felons from voting while in prison
  • Most states reinstate felons' voting rights after parole
  • Twelve states deny felons who committed severe crimes the right ever to vote again

Types of Ballots

• Australian ballot — the ballot used today; first used in Australia in 1872
  • Must be printed and distributed at public expense
  • Must show all qualifying candidates' names
  • Must be available only at polling places
  • Must be completed in private
• Provisional ballots — offered when registration records are incomplete or incorrect (ex, voter moved precincts and didn't update registration)
  • Set aside until election officials verify that voting occurred at the correct polling place based on the voter's registration address.
• Absentee ballot — voter mails a completed ballot instead of voting in person
  • In the past, voters needed an excuse (illness, travel) to vote absentee. An increasing number of states have embraced no-excuse absentee and early voting.
  • In the 2012 election, fully one-third of Americans had already voted by Election Day.
  • Today, a few states require in-person voting on Election Day
• Convenience-voting changes usually bring noticeable increases in participation, followed by a leveling of voter turnout
  • Research is mixed on whether early voting increases overall turnout
  • One report shows that early in-person voting actually decreased voter turnout
  • More consistent findings: African American turnout has increased with early/in-person voting, and same-day registration has increased turnout somewhat overall
  • Oregon's automatic registration process may have been key to a 4-point increase in participation

Online Voting

• Some scholars and tech specialists support online voting, which could lower costs and attract younger voters.
• However, online voting could open the door to hacking, election interference, or foreign manipulation.n
• No state has implemented online voting.ng

Voter ID Laws

• 35 states have passed laws requiring some form of identification at the voting booth, generally advanced by Republican majorities
• Some states accept multiple forms of ID (utility bill, paycheck stub); others require government-issued photo ID
• If voters don't have their ID, they can cast provisional ballots
• Criticism and constitutional challenges
  • Conservatives: IDs are necessary to decrease voter fraud and guarantee accuracy
  • Liberals/progressives: Republicans are trying to set up barriers for voters less likely to have an ID, most of whom tend to vote Democratic
• Brennan Center for Justice: about 25% of eligible African American voters and 16% of Hispanic voters do not have IDs, compared to 9% of White voters.
• In 2008, the Supreme Court upheld an Indiana voter ID statute requiring a photo ID, but federal appeals courts have since struck down similar laws from other states.

.

Long Lines at the Polls

• Most voters wait an average of 14 minutes to cast their votes
• 5% of voters (several million people) wait up to two hours
• Minority voters are six times as likely as Whites to wait more than an hour
  • Fewer voting machines and poll workers in their precincts
  • For hourly workers, long wait times result in lower wages for the day
• One study estimates that for every hour spent in line, a voter is 1% less likely to vote in the next election
• Long lines are considered a voter-suppression mechanism

Voting and Nonvoting

• From 1928 to 1968, November voter turnout in presidential elections hovered generally over 60%
• In 1972, turnout dipped to 57% — anti-government feelings about Vietnam and Watergate caused many to disengage
• Party loyalty weakened; the connection between money and elections disturbed Americans
• From 1972 to 2000, presidential election turnout hovered just above 50%
• Voter-eligible population — citizens who could legally vote if they wished
  • Average voter turnout for the last three presidential elections (2016–2024) was 63.5% of the voter-eligible population
  • However, 54.7% of the voting-age population voted — this includes released felons and others who may be old enough but not legally eligible
  • Voter turnout among registered voters is usually more than 75%
• 2024 presidential election: voter turnout decreased — 58.1% of the voting-age population and 63.4% of the voter-eligible population (down from 62.8% and 65.3% in 2020)

Type of Election

• More voters cast ballots in presidential contests than in any other
• Midterm elections — federal elections that occur midway through a president's term; have lower turnout
  • 2018 midterm congressional elections: about 40% of the voting-age population
  • Turnout for county-level and municipal races is even less (15–35%)
• Some people don't vote because of logistical factors — sick on election day, can't arrange childcare
• Some are excluded by law — felons, people ruled mentally incompetent, and those without the required ID

Political Efficacy

• Voter apathy — a lack of concern for the election outcome
• Political efficacy — the sense that their vote makes a difference
  • Some citizens feel no political efficacy
  • Voters who supported losing candidates or didn't experience the promised change feel a lack of efficacy.
• Many people are generally satisfied with the government and don't feel the need to participate.e
• Not all citizens vote in every election — nonvoters get involved in other ways (e.g., volunteering).

Factors Influencing Voter Choice

• Gender, age, education level, race and ethnicity, and religious beliefs all correlate with voting rates.
• Older, better-educated, wealthier voters show up in higher numbers
• Activists, churchgoers, military veterans, and members of civic organizations also turn out in higher numbers
• Voting blocs — groups that tend to vote in noticeable patterns

Gender

• Gender gap — the difference in political views between men and women, and how those views are expressed at the voting booth
• Women tend to oppose harsh punishments and the death penalty more than men; they favor government spending on welfare; they are less war-prone
  • These leanings have resulted in more women voting Democratic
• Men tend to believe in harsher punishments, are more fiscally conservative, and tend to vote Republican
• 2024: 55% of men voted for Trump, 43% for Harris; 53% of women voted for Harris, 45% for Trump
• Since 1980, women have turned out in slightly higher numbers than men
• Married and unmarried women tend to have different voting patterns
  • In 2000, unmarried females strongly voted with Democrats
  • Single women tend to place importance on health care, employment, education, job security, and retirement benefits
  • In the 2002 midterms, 56% of married women voted Republican vs. 39% of unmarried women
  • Married women tend to be "moral traditionalists" with concerns for traditional marriage and family
  • 2024: 52% of married women voted for Trump; 61% of unmarried women voted for Harris

Age

• Since the Twenty-sixth Amendment (1971), the nation's youngest voters have had the lowest turnout
  • Reasons: undeveloped views of candidates, lack of strong views on political issues, and mobility
  • Working a full-time job, owning a home, paying taxes — activities of older people — make people notice public policy
• Yet young voter turnout and interest in politics have risen
  • 2008 election: citizens in the 18–30 age bloc turned out in the highest numbers in a generation
  • This group is dominated by self-described liberals (38%), while only 23% considered themselves conservative
  • 2020 Census report: 51.4% of U.S. citizens in the 18-to-24 age group reported voting
• Senior citizens vote in reliably high numbers
  • More experience and understanding of the political process, regular voting habits, and more at stake (property, investments, Social Security, Medicare)
  • 2024: seniors split nearly evenly — 50% for Trump, 49% for Harris

Race and Ethnicity

• Minorities are increasing as a percentage of the U.S. population, and with that growth comes greater political clout.
• However, except for the 2012 election (in which African American voters proportionally outnumbered White voters), turnout among minorities has stalled or declined.

African Americans

• Disenfranchisement and intimidation in the South for generations created consistently low voter turnout among African Americans
• Because the Republican Party freed enslaved people and enfranchised African Americans after the Civil War, Blacks largely sided with the Republican Party during their first generation at the voting booth
• By 1932, voters began a relationship with the Democratic Party that only became stronger under Truman, Johnson, and Obama
• African Americans tend to have a less favorable view of the criminal justice system than Whites
• African Americans favor abolishing the death penalty by 51%, compared to 23% of White respondents
• They also want less attention and money focused on international affairs/foreign policy and more on Americans in need
• 2012: PEW estimated 95% of voting-eligible African Americans voted for Obama; for the first time, Black voter turnout surpassed that of Whites (66.2% vs. 64.1%)
• 2020: African American turnout was 62.6% of the eligible population

Hispanics

• Fastest growing minority in the U.S. — now numbering well over 43 million
• Live in large numbers in the Southwest, West, Sunbelt states, New York, and Florida
• Hispanic turnout rose from 2.5 million nationally in 1980 to more than 11 million in 2012
• Hispanic voters typically turn out in lower percentages than White and Black voters
  • Nearly 54% of Hispanic or Latino eligible voters reported voting in 2020
• The Latino voting population has sided with Democrats on urban, minority, and labor issues, although Cuban Americans have a history of favoring Republicans
• Conflict over immigration laws has created a wedge between Hispanic voters and conservative lawmakers
• Heightened rhetoric and the Republican desire for strict citizenship requirements have driven Hispanics closer to Democrats

Asian Americans

• They mostly come from China, the Philippines, India, Japan, Korea, and Vietnam
• Make up about 3% of the U.S. voting population (higher in West Coast states)
• Have concerns like other minorities for civil liberties and equal protection
• For years, Asian Americans have voted conservatively — the Republican Party has been stronger against repressive regimes in nations some have departed from
• Republicans have also pushed for fewer regulations on business, which satisfies the Asian business community
• Yet in 2012, Asian-American voters more so favored Democrat Barack Obama
• 2024: about 55% of voters of Asian ethnicity cast ballots for Kamala Harris and 40% for Trump

Religious Affiliation

• Religions share certain beliefs among their members and often tend to vote as blocs.
• The largest religious group is made up of Protestant and other Christian denominations — a majority have consistently voted for Republican candidates.

Evangelicals

• White, born-again Evangelical Protestants have become the largest religious group.
• They tend to hold conservative beliefs and have become ardent supporters of the Republican Party.y
  • Have joined Republicans to create the "religious right."
  • Televangelists and leaders of conservative family-oriented groups have large followings and great political influence
• Most members do not believe in human evolution and don't want it taught in public schools.
• Frustrated by the removal of prayer from school and the public square
• Strong political the South thetheh and the Midwest
• White evangelicals supported Donald Trump with between 76 and 82 percent of the vote from 2016 to 2024 — one of the president's most reliable groups.

Catholics

• Make up almost as large a share of the population as evangelicals.
• Historically voted with the Democratic Party, but today cast votes for both parties because they constitute such a large swath of the electorate.
• Catholic faith and custom are defined largely by papal decrees from Rome, which have established strict rules and beliefs. The historical alliance between Catholics and Democrats began in 1856 when the party denounced the anti-immigrant, anti-Catholic American ("Know Nothing") party.y
  • Relationship continued into the 20th century — Catholics played a large role in urban Northpolitics.cs.
  • Catholic votes for Democrats peaked when John Kennedy (himself a Catholic) won in 196,0 with roughly 78% of those voters.
• Today, the Catholic vote leans Democratic nationwide,e but is no longer a monolith — it straddles the ideological spectrum.
  • Roughly 25% of the country are Catholicsy,who spanp many demographics — rich and poor, young and old, White and Latino, urban and suburban.
  • The Papacy denounces birth control and abortion (aligning with Republican ideals), yet opposes the death penalty and promotes charity (positions embraced by more Democrats)
• National Election Study: 36% of Catholics identify as conservative, 35% moderate, 29% liberal
• Republican Donald Trump won Catholics with 59%, only the third time Republicans have won the Catholic vote in modern presidential races

.

Jews

• Jewish voters participate in large numbers and vote mainly with Democrats
• Comprise about 2% of the electorate, but their participation averages about 10% higher than the general population
  • Some estimates show roughly 90% of Jewish people vote
• Jewish-American political history parallels American Catholic history — ethnic, often immigrant, minorities in larger northern urban centers
• Subject to discrimination, Jews have developed strong concerns about the power of the state and infringements on civil liberties
• Place a high priority on privacy, basic rights for the accused, and supporting charities — these factors have caused the Jewish vote to swing in a liberal direction
• The first measurable Jewish vote went to Woodrow Wilson with 55% in 1916
• In the 1920s, many Jews who identified as Socialists joined the Democratic Party because they feared the "Communist" label
• After WWII and the defeat of Nazi Germany, FDR gained full backing from American Jewish voters
  • Harry Truman sealed a generation of Jewish support for Democrats with his embrace of establishing a Jewish state in the Middle East (Israel)
• From 1952 to 1968, Jewish support for Democratic presidential candidates ran 20 to 30 percent higher than the general population
• 2024 exit polls: about 78% of Jewish people voted for Kamala Harris, 22% for Donald Trump

Business, Labor, and Unions

• Entrepreneurs, CEOs, shareholders, and much of the upper class tend to embrace conservative political philosophy and capitalist principles
  • Small business owners want less regulation and interference by the state
  • Want lower taxes and the ability to make more profits
  • This voting profile usually results in voting Republican
• In contrast, wage earners, artisans, and factory line workers tend to view politics through the lens of the workplace and often vote in line with their labor union
• Since the late 1800s and early 1900s, labor unions (like the American Federation of Labor) have supported government-mandated fair wage laws, child labor laws, safety regulations, and fairness on the job
  • Aligned with Socialists in their earlier years, then struck a tight relationship with FDR's party during the New Deal
• Unions have lost much of their influence today — membership is down from the prior generation
  • Decline explained in part by laws in 28 states that prohibit making union membership mandatory in places of business that have voted to unionize
• 2024: voters from union households made up about 19% of the electorate — 53% voted for Harris, 45% for Trump

Voter Turnout Among Blocs (U.S. Census Bureau, 2021)

• U.S. citizens: 61.3%
• Males: 59.5%
• Females: 63.0%
• Whites: 63.7%
• African Americans: 58.7%
• Hispanic or Latino: 38.8%
• Asians: 42.8%
• 18 to 24: 48.0%
• 65 to 74: 73.0%

5.3 - Political Parties

Linking People to Government

• Linkage institutions: channels connecting the public to government (parties, interest groups, elections, media)
• Parties keep people informed, shape public opinion, and mobilize voters
• Parties are hierarchical w/ bylaws, a platform, and a funding system
• Party "members" = anyone who regularly votes that way — no formal registration required
• Active members: volunteer, donate, run for office, attend meetings, make calls, canvass
• These activities build social/political bonds and provide access to political participation

Mobilization & Education of Voters

• Parties recruit & mobilize voters — not just loyalists, but those "on the fence"
• Contact methods: mail, phone, text, social media, door-to-door
• Robocalls: prerecorded messages auto-delivered to large numbers to encourage voting/discourage opponents
• Voter registration drives — volunteers sometimes drive people to polls
• Educate members on key issues, candidates, and government activity
• Train volunteers and candidates — how to run campaigns, build membership, interact with elected officials
• Conduct opinion surveys to align officeholders w/ party members' positions

Creation of Party Platforms

• Platform: written list of a party's beliefs and political goals — reflects views of millions of members
• Republican Party: conservative — strong national defense, reduced spending, limited business regulation
• Democratic Party: minority rights, environmental protections, more government services & programs
• National Conventions: gathering where party leaders finalize platforms; platform committee appointed by leadership
• Runners-up maintain strong influence (ex: Sanders' influence on 2016 DNC platform → $15 min wage added)
• Platforms must balance ideology w/ practicality — appeal to active members while staying electable
• After 2012 losses, GOP released "autopsy report" — recommended reaching out to Hispanics & younger voters
• After 2012 losses, GOP released "autopsy report" — recommended reaching out to Hispanics & younger voters

Candidate Recruitment

• Parties seek talented, well-funded, scandal-free candidates — especially those w/ financial resources or strong following
  • Ex: Both parties sought Eisenhower post-WWII — Republicans succeeded in 1952
• National officials identify rising talent in swing states/districts via maps and D.C.-based recruitment programs
• Look for: energetic, telegenic, fundraising-talented candidates w/ good resumes
• Local races: county chair recruits community leaders, longtime volunteers, or charismatic locals

Campaign Management

• As elections near, parties increase: events, voter outreach, fundraising, ads, texts, social media
• Two-stage process: primary (rank-and-file nominate) → general election (nominees compete in November)
• Party acts more like a referee than a coach during nominations — factions split along ideology or region
• During general election: party unites behind nominees — rallies, canvassing, literature, signs, GOTV calls, ads

Fundraising & Media Strategy

• War chest: funds accumulated by candidates — covers travel, hotels, yard signs, bumper stickers, online/TV ads
• Campaign finance laws limit donations — parties must register w/ the FEC (Federal Election Commission)
  • Party orgs can give up to $5,000/candidate per election — but can spend far more independently
• 2020: RNC raised ~$890M; DNC raised ~$492M — flows through national committees, campaign committees, PACs
• TV still central — ~3/4 of voters get election info from TV; 2016 TV ad spending ≈ $4.4 billion
• Social media: Facebook, Instagram, YouTube, Snapchat, Twitter, WordPress, Tumblr, Quora, Digg
  • Powerful for targeting — mine data to reach potential voters/donors and build a brand

National Party Structure

• DNC & RNC — hundreds of employees, complex networks; meet formally every 4 years at national conventions
• National chairperson: chief strategist & spokesperson — runs party machinery (nongovernmental role)
• Subcommittees draft platform, manage recruitment, communications, and mobilization
• Congressional Campaign Committees (Hill Committees): 4 non-lawmaking party groups in Congress
  • NRSC, NRCC (Republican) | DSCC, DCCC (Democratic)
  • Recruit candidates, poll, help w/ fundraising & ads — raised $130M–$220M each in 2016

Parties' Impact on Government

• Parties construct policy, pass legislation, and maintain power at the national level
• Presidency allows appointment of judges who rule on constitutionality of laws
• Majority party in House & Senate: controls flow of legislation and committee chairmanships
• Party control over state legislatures & governorships shapes state law and legislative district maps

5.4 - How and Why Political Parties Change & Adapt

Changing Political Parties

• Early U.S.: debate over ratification split people into Federalists & Anti-Federalists
  • Federalists: favored strong national government; sent members to Congress until 1820
  • Democratic-Republicans (Jeffersonians): headed by Thomas Jefferson; dominated the "Era of Good Feelings" in early 1800s as Federalists faded
• 1830s: Nation expanded westward → formal party structure formed around President Andrew Jackson
  • Democratic Party ("The Democracy"): conservative, states'-rights view; dominated until Civil War
  • Whigs: favored loose interpretation of Constitution, national improvements, national bank spending
• 1850s: Whig Party died as slavery divided the nation
  • 1854: Former Whigs, abolitionists, and northern Democrats gathered to form the Republican Party
  • First branded as the Free-Soil Party → competed in 1856 → fully adopted "Republican Party" label by next election

Candidate-Centered Campaigns

• Historically, voters identified w/ parties more than individual candidates — mechanical voting booths encouraged party-line voting
• 1960s: trend shifted due to two reasons:
  • Rise of TV — candidates built personal followings based on personality, not party affiliation
  • Society questioned all public institutions (Vietnam War, race riots, Nixon's lies) — parties lost credibility
• Result: rise of candidate-centered campaigns — candidates speak directly to the people via social media & internet
• Candidates who build their own campaigns are less beholden to party elites → more personal power in office
• Parties now forced to work w/ charismatic candidates on both platform development and down-ticket campaigning

Appealing to Coalitions

• Each party has core demographic groups and tries to broaden appeal to gain more voters
• A demographic group voting as a bloc can determine election outcomes
• Party image at conventions conveys how inclusive it is to various demographic groups

Changes in the Democratic Party

• 1968 DNC in Chicago: deep divisions over Vietnam War — party nominated Humphrey (hadn't run in a single primary), while young antiwar protesters clashed w/ Chicago police
  • Televised spectacle exposed an old, White, conservative party making decisions without younger members
• Response: created the McGovern-Fraser Commission — brought significant changes ensuring minorities, women, and younger voters' representation at future conventions
• Later: after Watergate, Democrats created superdelegates — high-ranking delegates not beholden to any state primary vote
  • Superdelegates = Democratic members of Congress, governors, mayors, and party regulars (~20% of delegates)
• 2016: DNC Unity Reform Commission reduced uncommitted superdelegates to 1/3; required remaining 2/3 to cast votes per popular vote in their state

Republican Challenges

• GOP convention delegates still overwhelmingly White — House Republican side tends to be older, White, and male vs. Democrats' more diverse caucus
• Parties appeal to demographic coalitions through policy views (ex: abortion, immigration, gun rights)
• Party members shape policy positions partly to attract the demographic groups they need to win elections

Changes Influence Party Structure — Critical Elections & Realignments

• Party realignment: "change in underlying electoral forces due to changes in party identification"
• Marked by critical elections — sharp, lasting changes in loyalties to political parties; may redefine each party's mission
• Two causes of realignment:
  • A party is so badly defeated it fades into obscurity as a new party emerges
  • Large blocs of voters shift party allegiance due to a social, economic, or political crisis
• U.S. has seen 5 national realignments, some occasional shifts by unique groups, and some regional realignment post-WWII
• 1st Alignment — Democratic-Republicans / Jeffersonians (starting 1800)
  • Enjoyed two decades of dominance starting in 1800 w/ decline of Federalists
  • 1824–1832: Democratic Party coalesced around Andrew Jackson
    • 1828: Jackson won presidency w/ support from small Western farmers
    • Suffrage expanded — property qualifications dropped; more citizens voted → shift toward Jacksonian Democracy
  • Opponents formed the Whig Party — favored strong central government, westward expansion, infrastructure, national bank
  • Democrats started building state/local party organizations; cultivated political patronage (rewarding campaign helpers w/ government jobs)
• 2nd Alignment — Republicans (1850s)
  • 1850s: Whig Party collapsed over slavery → Republican Party formed
  • 1860: Abraham Lincoln won presidency — last third party to ever win the White House
  • 1860: Abraham Lincoln won presidency — last third party to ever win the White House
    • Southern Democrats seceded from House & Senate → intensified Republican dominance during Civil War
  • Republicans → "Grand Old Party" / GOP; dominated 1860–1932 w/ pro-growth, pro-business agenda
  • African Americans began voting Republican (party that freed them); Democrats remained strong in the South and took in immigrants, Catholics, and factory workers
• 3rd Alignment — Realignment of 1896
  • Republicans still dominant; economic depressions of 1880s–1890s hit South and Midwest hard
  • Democrats joined w/ Populists and Greenbacks to seek fair deal for working class; also supported Prohibition
  • 1896: Democrat William Jennings Bryan won nomination; Populist Party also endorsed him
    • Anti-Bryan Democrats realigned w/ Republicans, who nominated William McKinley
    • Republicans aligned w/ big business, industry, capitalists, urban interests, and immigrants
  • This division created the split that continues today: Republicans (free-market capitalists) vs. Democrats (pro-regulation)
• 4th Alignment — New Deal Coalition (1930s)
  • Great Depression → U.S. shifted from mostly Republican to solidly Democratic under FDR
  • New Deal coalition: Democratic state/local organizations, labor unions, blue-collar workers, minorities, farmers, White southerners, poor, immigrants, and intellectuals
  • 1932: First time more African Americans voted Democrat than Republican — loyalty that grew and remains today
  • FDR won presidency 4 times; New Deal coalition allowed Democrats to dominate Congress for another generation
  • New Deal: implemented social safety nets, reined in business, promoted union protections, expanded civil liberties, increased participation of women and minorities
• Shifts Since the 1960s
  • Post-WWII fight for African American equality dominated by the liberal northern wing of the Democratic Party
  • LBJ predicted Democrats would lose the South for a generation after signing the Civil Rights Act (1964)
  • Nov. 1964: Goldwater won Deep South states (historically the "Solid South" for Democrats) — regional realignment apparent
  • Nov. 1964: Goldwater won Deep South states (historically the "Solid South" for Democrats) — regional realignment apparent
    • Divided government: one party controls Congress while the other controls the White House
  • Southern White voters left the New Deal coalition and joined Republicans
    • Busing for racial balance and legalized abortion also pushed conservative voters to GOP
  • Many original FDR voting blocs still stuck w/ Democrats: laborers, Jews, African Americans, urbanites, academics
  • Since 1968: growing number of citizens became independents or turned away from politics → party dealignment
    • Vietnam War & Watergate brought deep mistrust of government and parties
    • Voter turnout dropped over three decades; more independent voters; more split-ticket voting → more divided government
  • Democrats: shifted from states' rights/raw capitalism → big government & national regulations
  • Republicans: shifted from anti-slavery progressivism → fiscal conservatism & denouncing affirmative action

Campaign Finance Laws

• Late 19th century: industrialization → businesses contributed growing amounts to political campaigns to get desired laws passed
• Since early 1970s: national law & landmark Supreme Court cases have governed campaign finance rules
• Laws intended to regulate sources, recipients, and amounts of contributions to political campaigns

Laws intended to regulate sources, recipients, and amounts of contributions to political campaigns

• Parties rely heavily on polling and mining databases to gain insights into voter preferences — must adapt quickly to tech changes
• Obama's 2012 reelection campaign devoted massive resources to using available technology and media to target voters
• Voter data reveals: where people eat/shop, who they're connected to, which media sources they use
• Data-management technology: uses skills, software, and equipment to organize, store, and secure information
• Pre-2016: British political data firm Cambridge Analytica obtained 50M Facebook profiles from a personality quiz app
  • Offshoot of SCL Group (owned largely by Mercer family — conservative Republican supporters)
  • Offshoot of SCL Group (owned largely by Mercer family — conservative Republican supporters)
  • Facebook suspended Cambridge Analytica — became a major controversy in presidential politics

Managing Political Messages and Outreach

• Demographics explain "who" voters are — race, gender, age, neighborhood, church/political affiliation, similar traits
• Psychographic segmentation: uses data about personality, lifestyle, and social class to categorize voters
  • Explains "why" voters vote the way they do — values, hobbies, habits, likes
• Message appeal also based on candidate's appearance and choice of venues
  • Ex: Western candidate in cowboy hat on horseback vs. urban candidate visiting a public works project
• Language carefully crafted to remind voters of key party ideas and values
• Timing is key in messaging:
  • Timing is key in messaging:
  • Closer to election day: voters respond better to concrete, specific policy plans
• Closer to election day: voters respond better to concrete, specific policy plans
  • Obama succeeded in 2008 & 2012 w/ "hope and change" brand
  • Trump succeeded in 2016 w/ a very different brand of change — "draining the Washington swamp"

Tab 53

Third-Party and Independent Candidates

• Minor parties / third parties: competitive parties outside the two-party system — Jacksonian Democrats and Lincoln's Republicans began as minor parties
• Since Lincoln's 1860 victory, no minor party has won the White House — but several have sent members to Congress, added amendments to the Constitution, and forced major parties to adopt their ideas
• Since Lincoln's 1860 victory, no minor party has won the White House — but several have sent members to Congress, added amendments to the Constitution, and forced major parties to adopt their ideas

Why Third Parties Form

• More ideological citizens may feel neither major party represents them → create their own party
• Ideological parties: subscribe to a consistent ideology across multiple issues (ex: Socialist Party, Libertarian Party)
  • Socialist Party formed in early 1900s in response to robber barons and wealth inequality — ideas eventually incorporated into American politics
  • Libertarian Party formed in 1970s — supports laissez-faire capitalism, abolition of welfare state, non-intervention in foreign affairs, individual rights
• Splinter parties: form when large factions break off from a major party
  • 1912: TR Roosevelt broke from Republicans → formed the Bull Moose Party after losing the Republican nomination to Taft — split the Republican vote, allowing Wilson to win
  • 1968: George Wallace splintered from Democrats → formed the American Independent Party — split Democratic vote, helping Nixon win
  • When splinter parties cause the major party to lose, the major party will adopt the splinter group's ideas to prevent future losses
• Economic-protest parties: formed in response to economic hardship (ex: Greenback Party opposed monopolies; Populist Party fought railroads, banks, and corporations)
• Single-issue parties: focused on one specific cause (ex: Prohibition Party — ban alcohol; Green Party — environmental awareness, social justice, nonviolence)

Modern Third Parties

• Since 1968, no minor party candidate has won a plurality in any state or earned a single electoral vote
• Notable modern third-party/independent candidates:
  • Ross Perot (1992, 1996) — Texas millionaire; ran w/ United We Stand America (later Reform Party); won nearly 20% of the national popular vote but earned zero electoral votes
  • Ralph Nader — Green Party (1996, 2000)
  • Gary Johnson — Libertarian (2012, 2016)
  • Gary Johnson — Libertarian (2012, 2016)
• Gary Johnson — Libertarian (2012, 2016)

Gary Johnson — Libertarian (2012, 2016)

• No minor party has won the presidency since 1860; none has risen to second place since
• Institutional barriers include: single-member districts, money, resources, major parties incorporating third-party agendas, and winner-take-all voting
• Single-Member Districts
  • Single-member districts: candidate w/ the most votes (plurality) wins the office — one winner per district
    • Contrasts w/ proportional representation (used in many European nations) — multiple parties compete & seats are awarded proportionally
  • In U.S. elections, if 3+ candidates run, the one w/ the most votes wins outright — no reward for 2nd or 3rd place
  • This system discourages and rarely rewards third parties, even minimally
• Money
  • RNC & DNC have organized fundraising operations and full-time staff — constantly seek funding between elections
  • Campaign finance law: a party's nominee must have won a certain % of votes in the previous election to qualify for government funding — minor parties almost never qualify
  • Ballot access: every state has a prescribed process (fee + minimum signatures) to get on the ballot
    • Major parties can dispatch party regulars/volunteers statewide to collect signatures easily
    • Third parties must secure assistance or collect signatures w/ a meager organization — daunting and discouraging
  • Media rarely covers minor party candidates — not invited to public debates or televised forums; buying exposure costs millions
• Incorporation of Third-Party Agendas
  • 52 independent political parties throughout U.S. history — none has gained traction; no one other than a Democrat or Republican has been elected since 1860
  • Major parties incorporate third-party ideas into their platform to attract those voters and discourage the third party from running
    • Ex: Socialists promoted women's suffrage & child labor laws → now taken for granted; Populists → 40-hour work week; Perot → balanced federal budget idea; Nader → consumer protections & clean environment
  • Minor parties serve as the "conscience of the nation" — push important issues into mainstream politics
  • Challenge for two-party system: hold on to base voters while appealing to the middle — more Americans want practical compromises, not "red" or "blue" labels
• Winner-Take-All Voting
  • Winner-take-all voting: all of a state's electoral votes go to the candidate who wins the plurality of that state's popular vote (exception: Maine & Nebraska)
  • Third-party candidates very rarely win a state's popular vote → can't accumulate the 270 electoral votes needed to win
  • No third-party candidate has won electoral votes since 1968
  • Discourages independent voters from supporting third parties — feel they are "throwing their vote away"
  • Swing states: states that could go either way — get the most attention; third parties always struggle to match that level of investment in battleground states