POL 104, American Government Course Outline

 

Introduction (Turner, 9th, Intro & chapter 1)

Basic Concepts (Class lecture and Turner, Introduction)

            1. Democracy: pure/direct/participatory/plebiscitary; majoritarian; demographic

            2. Republic: Madison’s representative democracy; Historically non-monarchical government

            3. Liberal democracy: liberalism; limited/constitutional government; majoritarian

            4. Authority=>Obligation or duty v. Coercion/Force=>Obedience

            5. Legitimacy: (1) Public acceptance, AND (2) Legality of official, action, or rule

            6. Presidential system, parliamentary or responsible government system; Mexico, Canada

            7. Positive state v. minimalist state; welfare state v. classical liberal state; social democracy

 

The Constitution (Turner, Chapter 1)

Basic Concepts—Constitution, constituted, written document; Republican Faith

History

            1. Colonial Charters, 1776 state constitutions, Articles of Confederation

            2. Dissatisfaction with state regulation of commerce, state parochialism, power to tax, power to manage foreign affairs: Mount Vernon, Annapolis, Philadelphia

            3. Virginia Plan, New Jersey Plan, Hamilton vision, Connecticut Compromise

            4. Basic principles: Separation of Powers, Federalism, Republicanism, and Constitutionalism (Liberalism)

            5. Federalist Papers, Anti-Federalists—appropriation of popular label

            6. Amending the Constitution

            7. Bills of Rights

            8. Unintended consequences—federalism, commerce power (v. Canada)

Other readings: Federalist 39, 51

 

Federalism (Turner, ch. 2, first half)

Concepts of federal/federalism, confederal/confederalism, unitary/national/consolidated government

Sovereignty, Art. I §10, 10th Amendment

            Dual federalism, cooperative federalism

            Local governments as part of state governments

Forces limiting state sovereignty:

            Necessary and Proper Clause/Elastic Clause/Sweeping Clause, McCulloch v. Maryland: implied powers doctrine

            Commerce Clause, Gibbons v. Ogden: interstate v. intrastate powers, broad conception of interstate commerce

            Due Process Clause of the 14th Amendment, Barron, Gitlow doctrine, Palko: incorporation doctrine

            Federal mandates (statutory, court decrees, preemption, grants-in-aid)

Other readings: Martha Derthick on unfunded mandates

Electoral Politics (Turner, Chapters 4, 5, 6, 7, & 8)

Voter Participation & Public Opinion (Turner, chs. 5 & 8)

            1. Research methods—rules, exit polls, tracking polls

            2. Participation—self-reported, independent basis, factors (age, educ., sex, race), VAP/VEP

            3. Partisanship, party identification: popular acceptance.

                        sources/socialization:  family, religion, education, gender, region, occupation

                        cleavages/definitions of groups, “crosscutting,” “significance”: occupation, race, region, religion

            4. Ideology: less familiarity among voters, “l” word and “c” word, effect on parties in 20th cent.

                        activists, parties in 1920s, New Class, elites, traditional middle class

Other readings: Ginsberg, Meyrowitz, Gallup, Morin, Voter Values, Color of Election

 

Political Ideologies (Turner, ch. 4)

“Political Ideology”—a consistent set of political principles about who ought to rule and what policies ought to be adopted (Wilson); an integrated set of political ideas about what constitutes the most equitable and just political order (Turner)

              1. Contemporary American political ideologies commenced in the 1950s—National Review and rise of “conservatism”

              2. Critics of the growing size of government (the positive or welfare state) and the relatively “soft” response to Communism called themselves “conservatives” and their opponents “liberals.” Their opponents accepted the label.

              3. Among political activists, ideology superseded partisanship as principal orientation and motivator in 1960s-1990s.

              4. Partisanship has resumed dominance since 2000 despite “c” word and “l” word effects.

Turner text: origins of ideologies.

              Liberalism: classical liberalism of Locke and Jefferson; populism among rural population; progressivism among urban population; contemporary-New Deal-welfare state/positive state liberalism—government should ensure the economic well-being of the population, redistributing wealth if necessary, but should not overly intervene in international and personal affairs. Perfectibility of man. “New liberalism” critical of efficiency of welfare state and of “class war” politics.

              Conservatism: classical conservatism of Burke and Adams—sanctity of private property, human need of government—essential sinfulness of man; laissez-faire capitalism, social Darwinism of 19th century; contemporary conservatism (above) response to welfare state; neo-conservatives and paleo-conservatives.

              Social Democrats/Democratic Socialists/Socialists: economic equality as highest political priority; nationalization.

              Libertarianism: minimalist state, classical liberalism/laissez-faire capitalism; minimal economic and moral regulation.

 

Political Parties (Turner, ch. 7, second half)

            1. Political parties—not monolithic organizations, no dues, meetings, “membership”

                        Functions: labels, sources of training, recruiting, funding, workers (activists)

            2. National organizations: DNC, DSCC, DCCC, RNC, NRSC, NRCC

            3. State, local, district party organizations

            4. Decline of parties: Primary elections, funding limitations, entrepreneurial candidates

            5. In America, single-member, plurality districts (SMPD) and tradition strengthen parties; “first past the post” v. proportional representation

            6. Party coalitions, alignments/realignments, critical elections, “dealignment,” 36 year cycles

Other readings:

Campaigns and Elections (Turner, ch. 8)

1. Congressional campaigns: incumbency advantage, re-election rate, marginal v. safe seats

            name recognition, media access, funding, Fiorina’s constituent services

            presidential year v. off-year elections

2. Presidential campaigns: primaries, caucuses, national party conventions

            Strategies: GOP winner-take-all, Dem proportional delegate primaries

            Strategies: funding, matching funds/conditions, reject federal finding/no conditions

            Strategies: appeal to ideological activists and interests in party, then move to center

3. Campaign finance: FEC, federal campaigns (chapters 7 and 8)

            a. Purpose of FECA of 1974: prevent rich from buying politicians

            b. Created FEC, Political action committees(PACs)=interest groups in politics

c. Limit contributions and expenditures, Buckley v. Valeo (1976), McConnell v. FEC (2003), Citizens United v. FEC (2010)

d. Contribution limits, McCain-Feingold (BCRA of 2002) increases, millionaires, self-finance, self-loans, Buckley, McConnell

            e. Expenditures, First Amendment, soft money, issue ads, 527s, Citizens United, SuperPacs                  

Interests and Interest Groups (Turner, ch. 7, first half)

            Interests, interest groups, factions, lobbies, “special interests,” pressure groups

            Accountability—short leash, long leash: AARP, NRA, NAM, NFIB

                        American Electroplaters and Surface Finishers Society; Committee of Domestic Steel Wire, Rope, and Specialty Cable Manufacturers

            Institutional interests, individual/membership interests

            Other readings: Federalist 51

The News Media (Turner, ch. 6)

            Eras of the media: early subsidized newspapers, popular press, opinion mags, electronic

            Competition: radio/TV, print, internet

            Regulation: FCC, 1st Amendment—radio, TV, Internet, newspapers and magazines

            Media bias: selective attention, skepticism, agenda setting (gatekeeping), framing, priming (scorekeeping), watchdog,

Other readings: Markus Prior, “News vs. Entertainment”; Tom Price, “Future of Journalism”; Paul Starr, “Goodbye to the Age of Newspapers” in the Canon Reader; Paul Farhi, “Decline of Local News Reporting”

 

 

The Institutions of American National Government (Turner, Chapters 9, 10, 11, 2 (partial), 13, 12, 3)

Congress (Turner, ch. 9)

 

1. History of Congress

Virginia Plan Proposals: 3. Resolved that the National Legislature ought to consist of two branches.

4. Resolved that the members of the first branch of the National Legislature ought to be elected by the people of the several States every _______ for the term of ______ ; to be of the age of years at least, to receive liberal stipends by which they may be compensated for the devotion of their time to(1) public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the term of service, and for the space of after its expiration; to be incapable of reelection for the space of after the expiration of their term of service, and to be subject to recall.

5. Resolved that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of _____ years at least; to hold their offices for a term sufficient to ensure their independency; (2) to receive liberal stipends, by which they may be compensated for the devotion of their time to(3) public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the space of _____ after the expiration thereof.

 

            Article I of the Constitution (Text, pp. 501-505)

            Four Models for Framers

2. Committee System

            Development of the committee system

            Purpose of committees—efficiency, expertise

            Types of Committees

            Contemporary Workload—ironies of efficiency, expertise

            Reliance upon staff

3. House and Senate Leadership

            Party Organization of both chambers; power reflects structure of branch

4. Legislative Process

            Different types of legislative measures and the sources of their language   

            Children’s Version

            “Chokepoints”; places to add new language to legislation

            Bicameral and Presentment Clause Requirements (INS v. Chadha)

            Fundamental differences between House and Senate—Filibuster, Rules Committee

5. Elections and Politics (partially covered in the section on campaigns and elections)

            Incumbency factor, re-election rates, Fiorina’s Keystone model (also Mayhew), campaign finance, presidential year v. off-year elections

            Party votes, constituent votes, Burkean.ideological/principled/conscience votes

Logrolling, pork barrel

Other readings: Cp. Canadian Parliament, Burke to Bristol Electors, Mayhew, Fiorina, Kaiser

Presidency (Turner, ch. 10)

1. History of the Presidency

a. Virginia Plan Proposal: 7. Resolved that a National Executive be instituted; to be chosen by the National Legislature for the term of years,(5) to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or(6) diminution shall be made so as to affect the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that besides a general authority to execute the National laws, it ought to enjoy the Executive rights vested in Congress by the Confederation.

8. Resolved that the Executive and a convenient number of the National Judiciary, ought to compose a Council of revision with authority to examine every act of the National Legislature before it shall operate, & every act of a particular Legislature before a Negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived by of the members of each branch.

 

            b. Article II of the Constitution

            c. Experimental Design—“Let George Do It!” (Forrest MacDonald)

2. Legitimacy—Election and Succession

            (Alternative Approach: Three phases of a successful president: (1) winning nomination, (2) winning election, (3) performance as President)

            a. Nomination process (covered in section on campaigns and elections)

            b. General Election

            c. Electoral College Procedure—dates, votes, procedures

            d. Article II §1, 12th  (1804), 20th (1933), & 23rd Amendments—tinkering with the College

e. Presidential Succession—22nd (1951) & 25th (1967) Amendments, 1947 Presidential Succession Act; Post-9/11 proposals: H.R. 3816 (presidential succession);    H.R. 3481 (internet voting for congress); H.J.Res. 67 (successor congressmen)—all from the 107th Present Status: Continuity of Government Commission—First Report 2003, Second Report 2009

f. Impeachment: meaning, process

 

3. Powers and Sources of Powers of the President

            a. Three Sources: Constitution, Statutes, Convention/precedent/tradition

            b. Article II: modest powers, shared, contraction from monarchy, contra Art. I

            c. Statutes: emergency powers, “executive” or implementer, 1921 Budget Act, control of funding

            d. Convention: head of state, executive privilege, George Washington, executive agreements, treaties, succession, party leader (Clinton Rossiter)

            e. Strategic Litigation

4. Organizing the Office—Accountability and Sphere of Influence, Types of Tenure

            a. Tenure—Life/good behavior, constitutional/Dec. of 1789, limited term/removal for cause          

            b. White House Office (330+ positions)—complete appointment/removal power

            c. Executive Office of the President (OMB, CEA, Trade Rep.)—constitutional tenure, report and assist to President and administration             http://www.whitehouse.gov/administration/eop

            d. Executive Branch Departments—constitutional tenure, limited presidential control and accountability, stronger congressional control

e. Independent Agencies (e.g. ICC, FTC, FCC, FRS)—limited term, removal for cause, “quasi-legislative, quasi-judicial”; Progressive era insulation from “bad” political influence

 

Other readings: MacDonald on Washington, Federalist 51

Bureaucracy (Turner, ch. 11)

Accountability and the Fourth Branch

1. How it works: structure, procedure, personnel

            a. Constitution, Statutes, Rules and Regulations (A.P.A.)

            b. Subject to Congress for authority, appropriations, location (e.g., DHS chart)

            c. External/Internal Forces, pathologies

            d. Mission, recruitment, congressional v. presidential agencies

2. Accountability of the bureaucrats—iron triangles, issue networks

            a. to the voters, the people

            b. to the President

            c. to Congress—budget, authorization, oversight, leg veto, committee clearance, CRA of 1996

            d. to interests

            e. internal accountability—inspector general, special prosecutors, whistleblowers

3. Is big government getting bigger? Numbers of employees, amount of discretion, privatization (contractors), state and local employees.

4. Politics of Policy-making (Wilson, ch. 13)

            a. majoritarian politics—most benefit, most pay

            b. client politics—few benefit, most pay

            c. interest group politics—few benefit, few pay

            d. entrepreneurial politics—most benefit, few pay

Other readings: The magic rabbit disaster plan, 2015 EPA Proposed Regs on Ethanol., Disaster Plan Rule Status, "Obama's ex-aides profit from experience", The Congressional Review Act, Jonathan Turley on the "rise of the fourth branch of government."

 

 

Fiscal Federalism (Turner, ch. 2 second half)

1. National constraints on the states: whither federalism?

Federal Mandates (Martha Derthick)

            a. judicial decrees—14th Amendment Due Process, Equal Protection

            b. legislative regulation—necessary and proper clause, Commerce Clause

            c. preemptions, Supremacy Clause

            d. grants-in-aid

2. National funding of state activities: grants-in-aid

            a. categorical grants, conditions of aid

            b. block grants, distributional formulas

3. State and Local employees, contractors (charts from Stanley and Niemi)

4. Sources of State and local budgets, amounts of spending (charts)

Other sources: Martha Derthick on Mandates

 

Judiciary (Turner, ch. 12)

1. History of the Federal Courts

a. Virginia Plan proposal: 9. Resd that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & felonies on the high seas, captures from an enemy; cases in which foreigners or citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenue; impeachments of any National officers, and questions which may involve the national peace and harmony.   

 

            b. Article III

            c. Jurisdiction of the federal courts: original-appellate, general-limited, exclusive-concurrent

            d. Article III-constitutional courts and Article I-legislative courts

2. Litigation Process

            a. Trial procedure: plaintiffs, defendants, civil, criminal, trials, summary judgments, motions to dismiss

            b. Appellate procedure: discretionary review (Rule of Four), mandatory review, briefs, oral arguments, decision or judgment v. opinion—majority, dissenting, concurring, concurring in the judgment, plurality

3. Federal judiciary

            a. Structure: districts, circuits, Supreme Court, constitutional and legislative courts, state courts

            b. Nomination procedure

4. Supreme Court

            a. Purpose—not to correct injustices but to authoritatively decide questions of national importance

            b. Purpose—not to focus on constitutional issues (judicial review)

            c. Historical eras

            d. Activism and restraint, checks and balances

5. Judicial Review (last section of chapter 1 of the textbook)

            a. Definition—power of American courts to declare governmental laws and actions unconstitutional

            b. Marbury v. Madison—Marbury’s case initiated in the Supreme Court to get his written commission from Secretary of State James Madison

            c. Marbury v. Madison—not the first, but the most famous case of judicial review; Marshall’s opinion sets forth the rationale for judicial review that is still the precedent

Separation of Powers—presidential (U.S.) v. parliamentary (Canada) system, Federalist #51

 

Other readings: Supreme Court opinions, Federalist 78.

 

 

Civil Liberties (freedoms) (Turner, ch. 3)

First, Fourth, Fifth, Sixth Amendment Rights: 14th Amendment Due Process

1. 14th Amendment: components—P&I, DP, EP; state action, incorporation

            Barron, Gitlow, Palko  

2. First Amendment Freedom of Expression—speech and press

            Gitlow, New York Times

3. First Amendment Religion Clauses—Free Exercise, Establishment

            Near, Lemon; “wall of separation”

4. Federalizing criminal law: 4th, 5th, 6th, 7th, 8th

            reasonable suspicion, probable cause, exclusionary rule, good faith; search, seizure

            Mapp, Miranda, Escobedo

5. Terrorism: habeas corpus, enemy combatants

 

Civil Rights (Turner, ch. 3)

1. Fourteenth Amendment Equal Protection Clause—state action; classifying people

 

2. Rational basis test—economic interests, reasonable classifications, state interests

            Armour v. Indianapolis (decided 6-4-2012)

3. Mid-level scrutiny—gender and illegitimacy, substantial relation to important governmental objectives

            Craig v. Boren, Mississippi University for Women v. Hogan

4. Strict scrutiny—fundamental rights, suspect classifications, compelling state interests

            United States v. Carolene Products (fn.4); Griswold v. Connecticut           

5. Federalizing anti-discrimination law

            Title VII, IX of 1964 Civil Rights Act; Age Discrimination Act [?]

6. Privacy, abortion, homosexuality—right of privacy, penumbras, 9th Amendment

     3/2017