Political Parties

Political parties lay claim to different areas along the political spectrum. From the extreme left to the extreme right and all points in between. The most successful parties are those that are able to lay claim to the most space on the political spectrum, thereby, appealing to the highest number of possible voters.

When the Constitution was written, there were no political parties in the United States. There were, however, ideological factions. While the Framers knew there was no way to avoid faction (see Federalist No.10) , Washington feared that organized parties would, well....., read for yourself above.

One thing the Framers did not anticipate was the fact that organized parties would be created so quickly. The creation of the two-party system was a natural reaction to the electoral system of the United States of America; a winner-take-all system. 

Two-party systems aren't the only way to operate though. 

There are One-party systems (China, Cuba) and there are Multi-party systems (India, Italy)

There are five functions that political parties in America serve according to the text.

- Recruit candidates for public office

- Organize and run elections

- Present alternative policies to the electorate

- Accept responsibility for operating government

- Act as organized opposition to the party in power

Each political party has its own hierarchy and structure. (precinct -> ward -> county -> state -> national)

Debbie Wasserman Schultz - Chair - DNC

Reince Priebus - Chair - RNC

The good and the bad of political parties:

- limits extremism

- provide stability

- build consensus

- identifiable 'brand'

- can't fulfill all promises

- big party contributors hold overwhelming influence

- gridlock

Trends in party politics in America

- Americans tend to prefer divided government

- Americans have trended towards ticket-splitting more often as of late

- There has been a cycle created between political polarization and 'safe seats'

While 3rd parties never win in America, there are few things to note about 3rd parties.

- the limited success of third parties (Table 8-1 on p.302)

- circumstances of the time create the need for a third party (Table 8-2 on p.303)

- strong personalities can be the catalyst that creates splinter parties from a traditional party

Interest Groups

Who are interest groups and what do they do?
  association of people who hold similar views and/or goals
- interest groups organize people
    organize letter writing campaigns, demonstrations
- interest groups encourage and provide means for political participation
     GOTV campaigns, group engagement in political dialogue, "checkbook participation"
- interest groups supply information to the public and to policy makers
     spreading literature, lobbying Congress, informative advertisements

The Iron Triangle

Why do Americans join interest groups?
- solidary incentives (sense of belonging to a group)
- material incentives (economic benefit or opportunity)
- purposive incentives (strong belief in the cause)


Various types of interest groups:
Economic Interests
- agricultural interests
   National Potato Council, Texas & Southwestern Cattle Raisers Association
- business interests
    US Chamber of Commerce, American Wind Energy Association
- labor interests
    United Auto Workers
- cause-based interests
    Mothers Against Drunk Driving, Texans for Life Coalition
- societal interests
    American Association of Retired Persons, National Organization for Women
- professional interests
    American Medical Association, American Bar Association
Environmental Interests
Foreign Interests

What interest groups do:
- endorse candidates
- lobby elected officials (note section on lobbyists on p.267-268 of the text)
- inform the public
- file lawsuits

What they don't do:
- donate money to political campaigns
   Political Action Committees (PACs) are created for the purpose of raising money and contributing money to candidates for their campaigns

What makes an interest group effective?
- size and resources
- effective leadership
- cohesiveness

The good and the bad of interest groups:
- give a voice to minority political interests
- too much influence
- emotional, narrowly-focused interest vs. good of the country

Public Opinion, Political Socialization, and the Media

The content that follows corresponds with Chapters 6 and 11 in the text.

Public opinion
    collection of views shared by a segment of society on issues of interest or concern

Who is 'the public'?
   - the totality of the populace
      i.e. - all Americans
     often opinions of this grouping are led by the actions of leaders

           

        --or--

           

   - smaller public groups
      i.e. - female Americans; black Americans
     often opinions of these groups drive the public agenda








Why do we care about their opinions?
   public opinion helps shape public policy in the United States

How do we know the opinions of 'the public'?
  - writing letters to elected officials
  - speaking at a public hearing
  - public organizations
  - voting trends
  - public opinion polls


Political socialization
  the process by which people acquire their political beliefs

Influences on an individual's political socialization
- family
- peer group (school/work)
- age
- race
- gender
- religion
- socio-economic status

(See Table 6-1 on p.219 of the text)


Impact of the media on public beliefs and opinion
- covers political happenings
- monitors and shapes public agenda by way of what it covers (and doesn't cover)

Function of media in America
- entertain
- report the news
- identify public problems
- socialize new generations
- provide a political forum
- make profit*

Media used to be small. Now we have mass media.
Media used to be openly biased. Then objective journalism was en vogue. Today, shaded journalism.
News agencies used to engage in broadcasting. Now they engage in narrowcasting.

Common criticism of the media
- bias in reporting
- bias in story selection
- factual inaccuracy
- media consolidation


Measuring public opinion through polling
Straw polls have been used for years to gauge public opinion.
For an accurate measure of public opinion, one must conduct a scientific poll. This is done by:
- determining your sample universe
- selecting an appropriate-sized random sample
- using carefully crafted, non-leading questions
- measuring results and determining the margin of error (roughly 3-4% is acceptable)

Civil Rights

The right for all people to have fair and equal treatment under the law. The Constitutional basis for civil rights case law is found in the 1st, 5th, 13th, 14th, 15th, 19th, 24th, and 26th amendments.

Topics in civil rights:

- equal protection clause
   Amendment XIV: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws 

   As we have said, this becomes the basis for the incorporation of civil liberties and civil rights to all people in all jurisdictions throughout the United States. This is why the government cannot discriminate. Or can it??


- basis for acceptable discrimination
  The courts have determined that there are acceptable times when the government can make a reasonable distinction between people. Therefore, the government can discriminate. However, if the government is going to discriminate, the Court will review the discrimination using one of three tests.
     - Rational Basis Test
              Are reasonable methods used to accomplish a legitimate goal of government? 
              ( Example: age limits on driving)
     - Intermediate Scrutiny Test
             Same question but often with cases involving gender discrimination
             ( US v Virginia ) ( Example: selective service )
     - Strict Scrutiny Test
              Same question but: 1) a fundamental right is being restricted     and 2) involves race/origin
              ( Korematsu v US )  ( Loving v Virginia )


- segregation (de facto & de jure)
    Segregation was the law in many states throughout the south from the post-Reconstruction era through the mid 20th Century. These statutes were referred to as Jim Crow laws and constitute what we call segregation de jure (segregation by way of law). These laws were upheld, even by the courts, until the 1950's. While segregation de jure started to be repealed by way of Court rulings and Congressional acts of the 50's and 60's, certain economic and social facts remained and left us with segregation de facto (segregation as a matter of fact).


- Civil Rights Act of 1964
    The most sweeping legislation that addressed the issue of civil rights in the United States. The major provisions of the act were as follows (laid out on p.178 of the text) :
 1) outlawed arbitrary discrimination in voter registration
 2) barred discrimination in public accommodations whose operations affect interstate commerce
 3) authorized federal govt to sue to desegregate public schools and facilities
 4) expanded power of Civil Rights Commission and extended its life
 5) provided for withholding of federal funds from programs administered in discriminatory way
 6) established right to equality of opportunity in employment
Title VII of the Civil Rights Act became cornerstone of employment discrimination law.


- Plessy & Brown
    Plessy v Ferguson  - established the doctrine of 'separate but equal' as precedent
    Brown v Board of Education  - determined that 'separate but equal' was inherently not equal


- extending equal protection
    To women:
      Equal Pay Act of 1963
      Title IX of the Education Amendments of 1972
      Meritor Savings v Vinson
 
    To Hispanics:
       Hernandez v Texas
       Voting Rights Act of 1975

     To the disabled:
        Americans with Disabilities Act of 1990

     To gays/lesbians:
        reversal of 'Don't Ask, Don't Tell'
        US v Windsor
        

- affirmative action
   What is affirmative action?
     Policies whereby institutions and employers provide opportunities for members of historically underrepresented groups
   What is the government and Court opinion on affirmative action?
      President Johnson's Executive Order #11246 (1965)
      Regents of the University of California v Bakke
      Johnson v Transportation Agency
      Gratz v Bollinger
      Fisher v University of Texas

      

Civil Liberties

Instead of making multiple posts, I have included the entire topic of civil liberties in this one posting. It is long, but since it is all so related, I find it appropriate.

Remember the ratification battle for the Constitution and the demand that Antifederalists had for "guarantees" of their liberties. This battle, of course, produced the Bill of Rights.

Bill of Rights - 1st ten amendment to the Constitution; protect civil liberties and civil rights

Civil liberties
   freedom to think and act protected from government abuse
      - regards personal actions in eyes of government
      - protected from abuse; can be limited

Civil rights
   right of fair and equal status/treatment for all people
      - regards status as person in eyes of government
      - right of fair treatment; much more difficult to limit

Bill of Rights

Civil liberties are the most litigated part of the Constitution. Since the Constitution is somewhat gray by nature, the openness to interpretation that many of the amendments exhibit leave it wide open to challenges over intent and application. The heart of these amendments are the liberties of the individual people. But what if they contradict? What if one person exercising their liberties interferes with another person exercising theirs? Or with the government attempting to carry out its responsibilities?

Where do your liberties end and mine begin?

This is why the study of civil liberties and civil rights is wrapped up in case law.

What does the 14th Amendment have to do with the Bill of Rights?

The 14th is how the Bill of Rights becomes applicable to the states. Prior to the 14th, they only apply to citizens of the United States, not the individual states. 

Read 14th Amendment

 - citizenship clause

 - due process clause

 - equal protection clause

Again, it is up to individuals to challenge institutions if they feel that their rights or liberties are being violated. Because of the 14th, the Bill of Rights has been applied to the states on a case-by-case basis. This is the process of selective incorporation.

(See Table 4-1 on p.125 to see the incorporation process.)

The most cherished and argued about Amendment to the Constitution is the 1st Amendment.

Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Religion:
The Constitution does not say anything about 'separation of church & state'. That phrase is taken from a writing of Jefferson  in which he said that he believed that the 1st Amendment created "a wall of separation between Church and State". What the Constitution does say, and what the federal court system has been tasked with interpreting regarding religion is:
Congress shall make no law respecting an establishment of religion (establishment clause) nor prohibiting the free exercise thereof  (free exercise clause)
Establishment clause:
  Lynch v Donnelly
  McCreary County v ACLU
  Van Orden v Perry
  Everson v Board of Education
  Engel v Vitale
  Lemon V Kurtzman
  Wallace v Jaffree
Free exercise clause:
  Reynolds v US
  Minersville School District v Gobitis
  WV State Board of Ed v Barnette
  Wisconsin v Yoder

Speech & Press:
Congress cannot make a law abridging the freedom of speech or of the press. But, again, that is not absolute. There are limits. The Court has traditionally protected individuals from defamation by way of slander (spoken) and libel (print). The Court has also traditionally protected the government in its attempts to prevent treason and sedition.
Speech:
  Schenck v US
  Whitney v California
  Brandenburg v Ohio
Press:
  New York Times Co v Sullivan
  Reno v ACLU
  Near v Minnesota
  New York Times Co v US
Symbolic Speech:
  Tinker v Des Moines Independent Community School District
  Texas v Johnson

Assembly & Petition:
Congress cannot abridge the right of the people peaceably to assemble. The people also have the right to petition their government for a redress of grievances. (Hence, all of those lobbyists people love to hate are legit)
  DeJonge v Oregon
  Edwards v South Carolina
  NAACP v Alabama


Amendment II: 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 Right to Bear Arms:
  US v Miller
  Heller v Washington DC










Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Protection Against Unreasonable Search & Seizure
  - law enforcement must have a warrant or probable cause to search and/or seize
  - "plain view" doctrine
  - evidence obtained via a warrantless search is subject to the exclusionary rule
  - electronic communications have been determined by the Court to be a person's "papers"
  - civil liberties of students are even more limited

Search & Seizure:
  Arizona v Hicks
  Weeks v US
  Mapp v Ohio
  Olmstead v US
  Katz v US
  New Jersey v TLO
  Board of Ed of Pottawatomie Co v Earls


Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

- Grand Jury cluase
- double jeopardy clause
- self-incrimination clause
- due process clause
- eminent domain clause

Due Process:
 Federal government cannot deprive person of life, liberty, or property with the due process of law
substantive due process v procedural due process
procedural due process - correct procedures must be followed (can't make it up as you go)
substantive due process - the laws themselves must be fair
Due process can be denied if the state has a compelling case for it.
  Mackey v Montrym

The 'Right to Privacy'
Like 'separation of church and state', this does not exist as text in the Constitution. However, the Court has upheld its belief that Americans have a right to privacy through their interpretation of the 4th, 5th, 9th, and 14th Amendments.
  Olmstead v US
  Griswold v Connecticut
  Roe v Wade
  Planned Parenthood v Casey

The Rights of the accused
Even is charged with an offense, the accused still have certain rights that are retained.
  Miranda v Arizona
  Gideon v Wainwright
  Furman v Georgia
  Gregg v Georgia


Finally, civil liberties terms that are good to know. What do these terms refer to in the context of civil liberties and the Courts interpretation/application thereof?
  exclusionary rule
  lemon test
  clear & present danger test
  bad tendency rule