Download INST 275 – Administrative Processes in Government

INST 275 – Administrative
Processes in Government
Lecture 3 - American and California
Government and Politics
The Constitution and the Creation
of the Federal Judiciary
 Many framers believed the judicial
branch to be a minor check on other
branches, although Anti-Federalists
feared an unelected judiciary.
 The Judiciary Act of 1789 created the
basic structure of the federal court
system.
 Supreme Court established judicial
review in Marbury v. Madison (1803).
American Legal System
 Dual judicial system – federal and state.
 In each system, two types of court, trial
courts and appellate courts.
 Each type deals with civil and criminal
matters.
 Original jurisdiction refers to a court’s
ability to hear a case as a trial court;
appellate jurisdiction refers to a court’s
ability to review cases already decided by
trial courts.
Federal Court System

Constitutional courts – Article III

Federal district courts (94 districts – 678 plus 100 retired
judges).
Circuit Courts of Appeals (11 numbered, D.C. Circuit, and U.S.
Court of Appeals for the Federal Circuit – 179 plus 100 retired
judges).
U.S. Supreme Court (1 court – 9 justices).








*
*
*
*
*
*
*
*



Legislative Courts – Article I
United
United
United
United
United
United
United
United
States
States
States
States
States
States
States
States
bankruptcy courts
Tax Court
Court of International Trade
Court of Federal Claims
Court of Appeals for Veterans Claims
Court of Appeals for the Armed Forces
Court of Appeals for the Federal Circuit
Foreign Intelligence Surveillance Court
How Federal Judges Are Selected
 District court, U.S. Court of Appeals,
and Supreme Court justices are
nominated by the President and
confirmed by the Senate. They serve
for life.
 Selection criteria:
 Competence, standards, ideology,
rewards, pursuit of political support,
religion, race, ethnicity, and gender.
The Supreme Court Today
 In 2006, 9,608 appeals – 88 decisions.
 Several factors affect Court’s decision to hear a case.
 Court must have jurisdiction (substantial federal
question). – Court of Appeals, special three-judge
district court, state court of last appeal,
 Writ of certiorari – 4 votes.
 Characteristics: federal government asks for review,
conflict among circuit courts, civil rights or civil
liberties question, ideological or policy preferences of
justices, significant social or political interest.
 Once case is set for review, briefs and amicus curiae
briefs are filed and oral argument scheduled.
 Justices meet after oral argument to discuss the case,
votes are taken, opinions are written, circulated, then
announced.
Judicial Philosophy and Decision
Making
 Judge’s philosophy and ideology have
an extraordinary impact on how they
decide cases.
 Behavioral, attitudinal, and strategic
models of decision-making.
Judicial Policy Making and
Implementation
 Supreme Court can declare congressional
acts and presidential actions
unconstitutional. They can overrule their
own decisions.
 Implementation requires:
 Implementing population must understand
decision.
 Implementing population must follow Court
policy.
 Consumer population must be aware of the
rights granted or denied.
Political Socialization
 The first step in forming opinions occurs
through a process called political
socialization.
 Family, school, peers, social groups (religion,
race, ethnicity, gender, and age), where we live,
impact of events all influence who we view
events and issues.
 Even the views of other people affect our
ultimate opinions on a variety of issues.
Public Opinion and Polling
 Public opinion is what the public thinks about an issue
or a particular set of issues.
 Public opinion polls are used to estimate public
opinion.
 Throughout U.S. history, people and groups have
made attempts to sway public opinion or elections.
 Modern day polling did not begin until the 1930s.
 Polling has gotten more accurate over the last 70
years, but there are still problems.
 Sampling error, limited respondent opinions, lack of
information, and difficulty measuring intensity.
Why We Form and Express
Opinions
 Many factors.




Personal benefits.
Degree of personal political knowledge.
Cues from leaders.
Political ideology.
Effects of Public Opinion and Polling
on Government and Politics
 Knowledge of the public’s views on
issues is often used by politicians to
tailor campaigns or to drive policy
decision.
 However, the evidence of influence is
mixed.
What Is a Political Party?
 A political party is an organized effort
by office holders, candidates,
activists, and voters to pursue their
common interests by gaining and
exercising power through the political
process.
 The goals is to win office so as to
exercise power and pursue common
policy objectives.
The Evolution of the American
Party System
 Party History.
 Democratic-Republican – Federalists (17891816).
 Democratic-Republican/Democratic – National
Republican (1828-1832).
 Democratic – Whig (1836-1852).
 Democratic – Republican (1856 to present).
 Party membership broadened from
congressionally-based parties to mass
parties by 1832.
The Evolution of the American
Party System

Democrats and Republicans – The Golden Age (1874-1912).

Party stability, the dominance of party in state and local
government, and the impact of those organizations (machines)
on the lives of millions.
Parties also provided services.



Candidate- and issue-centered.
Direct primaries.
Ticket-splitting.


Party realignments.
Critical elections (1800, 1860, 1896, 1932).


Gradual partisan shift.
Usually regional (New England – R to D; South – D to R).




Modern area.
Realignment.
Secular realignment.
Functions of the American Party
System







Mobilizing support and gathering power.
A force for stability and moderation.
Unity, linkage, and accountability.
The electioneering function.
Party as a voting and issue cue.
Policy formulation and promotion (platform).
Minor parties.
 Proportional representation versus winner-take-all.
 Key third parties in U.S. history:
 Populist, Prohibition, Progressive, Socialist, American
Independent, Libertarian, Reform, Green.
The Party Organization
 Basic structure is complex and amorphous.
 State and local parties generally more
important than the national parties,
although campaign technology and fundraising have increased the power of the
national parties.
 The use of technology has been tempered
by a renewed focus on get-out-the-vote
drives, canvassing, and voter identification.
 Capabilities vary from jurisdiction to
jurisdiction.
The Party in Government
 Congressional party.
 Most vital and visible party component.
 Organize congress.
 But, individualism undermines unity.
 Party voting has increased over the last 50 years
from about 65% to about 90%.
 Parties are more ideological and consistent.
 Partisan gerrymandering.
 Political campaign organizations.
 Presidential party.
 Image of president affects image of party.
 President must command a sometimes divided party.
 Appointment power as reward.
The Party in Government
 Parties and the judiciary.
 Judges are members of political parties and are
often appointed not only for competence, but for
party identification and ideology.
 Party affiliation is a moderately good predictor of
judicial decisions.
 Parties and state government.
 Much of the discussion about the national
government also applies to state governments.
 Governors tend to have more party influence
than presidents.
Party in the Electorate
 Party identification provides the basis for
many political decisions, a central
perceptual screen.
 Legal institutionalization of the parties.
 Parents biggest source of identification.
 Life changes, political personalities, and
social events can all change identification.
 Group identifications.
 Region, gender, race and ethnicity, age, social
and economic factors, religion, marital status,
ideology.
Is the Party Over Or Has It Just
Begun?
 Is dealignment occurring?
 Equal split among parties (with 1/3
independents). Split ticket voting.
 Decline may be exaggerated.
Reliable vehicles for mass participation.
Adaptability to prevailing conditions.
Longevity and long-term competition.
Party in government and party organization are
strong.
 Development of parties inevitable as a
mechanism for managing conflict.




Voting Behavior



Conventional participation.

Voting.

Protests, boycotts, picketing, assassination.

Education, income, age, gender (not), race and ethnicity, interest in
politics
Why low? – too busy (excuse), difficulty of registration, difficulty of
absentee voting, number and frequency of elections, voter attitudes,
weakened influence of parties.
Unconventional participation.
Turnout.


Patterns in vote choice.





Party identification.
Race and ethnicity.
Income.
Ideology.
Issues.


Retrospective judgment.
Prospective judgment.
Elections in the United States
 Popular election confers on a
government the legitimacy that it can
achieve no other way.
 Types of elections.
 Primary (closed, open, blanket, runoff).
 General elections.
 Initiative, referendum, and recall.
Presidential Elections
 Delegate selection.
 Winner-take-all primary.
 Proportional representation primary (CA).
 Caucus.
 The problem of front-loading.
 Party conventions.
 Delegate selection – primaries have led to loss of
power for convention. Abolition of unit rule.
 Superdelegates created to increase party control.
 Dominated by national candidates and issues.
 The news media has transformed the conventions.
 Electoral college.
Congressional Elections
 Incumbency advantage.
 Staff support
 Media and travel
 “Scare-off” effect
 Redistricting
 Countervailing forces.
 Redistricting.
 Scandals.
 Presidential coattails.
 Midterm elections.
 President’s party usually loses seats during the
midterm elections.
 Especially bad during year six of a two-term
presidency.
Reforming the Process





Regional primaries?
Campaign finance reform?
Online voting?
Voting by mail (Oregon, absentee).
Modernizing the ballot.
The Campaign Process
 While each campaign is unique,
modern campaigns tend to focus on
separate primary and general election
strategies.
 Nomination – focus within party, interest
groups activists.
 General election – focus on voters and
defining candidacy in ways that appeal to
majority of voters.
Key Players
 Candidate.
 Makes appearances, meets voters, raises funds,
holds press conferences, gives speeches, and
conveys campaign message. Ultimately
responsible for success.
 Professional staff.
 Organizes volunteers, produces literature,
organizes events, plans strategies, conducts
polls, produces advertisements, raises money,
and interacts with the media. Media consultants
are especially important and consume the
majority of the campaign budget.
Coverage of the Game
 Candidates for public office seek to
gain favorable coverage in the media.
Paid media and (better) free media.
 Most must rely on paid media. The
use of the Internet has increased
because of relative inexpense.
Rules of the Game: Finance
 Since the 1970s, campaign finance
governed by the Federal Election Campaign
Act.
 Rise of soft money produced the Bipartisan
Campaign Reform Act
 Another loophole. Unregulated money now
flows through 527 groups rather than the
parties. Cannot focus on an individual
candidate, but “wink and a nod.”
Evolution of News Media in the
United States
 New media provide the public with
key information about subjects of
political interest and play a crucial
role in the political process.
 Print, broadcast, and new media.




First newspaper, 1690.
First radio, 1920s.
Television, 1940s.
Internet, 2000s.
Current Media Trends
 Growth of media conglomerates and
consolidation of media outlets.
 Increasing use of experts.
 Narrowcasting to capture particular
segments of the population.
 Public are skeptical of the media, but
rate media credibility high.
 Lines between media types are
blurring.
Rules Governing the Media
 Media governed by institutional
norms, but government restrictions
loosening.
 FCC grants broadcast licenses, but
has not used power to regulate
content.
 Content regulations have loosened.
 Embedded journalists (pros and
cons).
How the Media Covers Politics
 Media covers every aspect of the political
process including legislative, executive, and
judicial, although the bulk focuses on the
President.
 Congress (numbers) poses a challenge as
does the Supreme Court (complex
decisions).
 Politicians have developed a symbiotic
relationship with the media.
 Feeding the media stories and being eaten alive
by them occasionally.
Media’s Influence on the Public
 By controlling the flow of information,
framing issues in a particular manner, and
setting the agenda, the media have the
potential to exert influence over the public.
 Influence much less than believed.
 Media do have biases, but the variety of
alternatives provided savvy news
consumers with an unprecedented amount
of information.
What Are Interest Groups?
 Most definitions focus on notions of
associations or groups of individuals who
are some common interest or attitude and
who try to influence or engage in activity to
affect government policies and the people
in government.
 Types of groups.
 Multi-issue versus single issue groups.
 Economic, public interest, and governmental
units in the interest group process.
Origins and Development of
American Interest Groups
 Did not begin to emerge until the 1830s.
 Progressive movement spurred
developments from 1890 to 1920.
 Government action generated the
development of many liberal interest
groups in the 1960s.
 Campaign finance reform in the 1970s and
the growth of conservatism produced a
growth in business and conservative
groups.
What Do Interest Groups Do?
 Interest groups often fill voids left by major parties
and allow Americans an opportunity to make claims as
a group on government.
 Groups pressure members of Congress and their staff,
the president, the bureaucracy, and the courts.
 They use a variety of techniques to educate and
stimulate the public to bring similar pressures (money
and information).
 They attempt to influence the outcome of elections or
run their own candidates.
 Others rate elected officials on their stands on issues
relevant to the group.
 Political action committees (PACs) provide another
mechanism of influence.
What Makes A Group Successful?




Getting issues on public agenda.
Winning key pieces of legislation.
Backing successful candidates.
Factors contributing to success.
 Leaders and patrons.
 Funding.
 Level of member commitment.
California Judiciary
 The California judiciary includes the
courts, branch agencies, branch
administration, and the State Bar of
California.
 California is highly litigious and courts
have a tremendous workload (8
million cases per year recently).
California Judiciary
 Three levels.
 Superior courts – trial courts for criminal and civil
cases.
 Courts of Appeals of California – review most
criminal and civil cases.
 California Supreme Court – Highest court. Has
discretion over jurisdiction except death penalty,
which is automatically appealed.
California Judiciary

Appointment.

Appeals Courts




Superior Courts




Judges initially appointed by Governor with advice from the
Commission on Judicial Appointments.
Supreme Court – 12 year terms.
Retention elections for Supreme and Courts of Appeals. – Yes
or no vote.
Nonpartisan election.
Six-year terms.
Elections controversial with pros and cons, especially with
regard to accountability and interest group financing.
Qualifications.

All three levels – ten years in the practice of law in the State of
California or services as a judge of a court of record.
California Judiciary
 Removal.
 Impeached by assembly and convicted
by 2/3 of Senate.
 Recall.
 Commission on Judicial Performance.
California Interest Groups and the
Media
 Interest groups are at the center of
California’s campaign and lobbying
activities.
 Characteristics.
 Associations of individuals joined together to
influence governmental and legislative policy.
 Businesses, trade and professional associations,
labor unions
 Proliferated because of growth in government,
weak political parties, public interest groups,
and term limits.
California Interest Groups and the
Media
 Lobbyists do the work of interest
groups.
 Citizen lobbyists: individuals who have
an interest and attempt to influence
government officials.
 Contract lobbyists are outside
professionals who must register with the
Secretary of State.
 In-house lobbyists are staff members of
the organization.
California Interest Groups and the
Media
 Techniques.
 Preparation for the campaign.
 Set goal.
 Know the market.
 Establish a grassroots network.
 The campaign (lobbying basics).
 Draft language, amendments, and so on.
 Prepare a fact sheet, position papers and so on.
 Contact committee members before the
committee hearing.
 Committees.
 Testify in person.
 Bring expert witnesses from districts.
California Interest Groups and the
Media
 Interest groups contribute to candidate’s
and officeholder’s election campaigns.
 But, the activities are heavily regulated by the
Political Reform Act of 1974 and Proposition 34.
 Media (esp. television and newspapers)
and, increasingly, the Internet are
important vehicles in mobilizing and
informing voters and the candidate’s
supporters.
 Little comes from news programs.
 The media is now the primary conduit for
setting the political agenda.
Parties and Elections in California
 Campaigning in California poses many
challenges.
 Size of state, diversity of population,
ever-changing campaign laws.
 Political campaigns in California are
media-dominated and expensive.
 Governor’s race $100 million.
 State legislative race, $500,000.
Parties and Elections in California
 California voters are becoming less
partisan. Slight increase in voters
associated with the five minor parties.
Biggest increase among independents
(16% of electorate.)
 Anglos and African-Americans have
higher voting rates than Latinos and
Asians. Age, educational level, and
eligibility account for much of this.
Parties and Elections in California
 Initiative process has been in place since
1912.
 Initially intended for use by ordinary
citizens to bypass an unresponsive
legislature, it is now used primarily by
interest groups to achieve policy goals.
They have the resources necessary to wage
an initiative campaign.
 California operates under a modified closed
primary system
Parties and Elections in California
 More voters vote absentee, about 27 percent of the
electorate.
 Voting systems are supposed to be modernized;
however, problems with electronic voting equipment
and concerns about hacking have slowed the
development.
 California a trendsetter in campaigns and elections.
 Campaign financial disclosure laws rated second in
U.S.
 Recall of Davis spurred recalls elsewhere.
 Many states have adopted initiatives first passed in
California (property tax limitations, medical
marijuana, term limits, and bilingual education).