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Study Guide to accompany O’Connor Sabato Essentials of American Government Roots and Reform 2009 Edition for Essentials of American Government and Essentials of American and Texas Government Prepared by John Ben Sutter Houston Community College Longman New York London Toronto Mexico City Munich Boston San Francisco Sydney Tokyo Paris Cape Town Singapore Madrid Hong Kong Montreal i Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Study Guide to accompany Essentials of American Government: Roots and Reform, 2009 Edition, by O’Connor and Sabato. Copyright © 2009 Pearson Education, Inc. All rights reserved. Printed in the United States of America. Instructors may reproduce portions of this book for classroom use only. All other reproductions are strictly prohibited without prior permission of the publisher, except in the case of brief quotations embodied in critical articles and reviews. 1 2 3 4 5 6 7 8 9 10——11 10 09 08 Longman is an imprint of ISBN: 0205684394 www.pearsonhighered.com ii Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Table of Contents Chapter 1 The Political Landscape ....................................................................................1 Chapter 2 The Constitution ............................................................................................ 17 Chapter 3 Federalism.......................................................................................................33 Chapter 4 Civil Liberties .................................................................................................49 Chapter 5 Civil Rights .....................................................................................................69 Chapter 6 Congress .........................................................................................................87 Chapter 7 The Presidency..............................................................................................107 Chapter 8 The Executive Branch and the Federal Bureaucracy ....................................123 Chapter 9 The Judiciary ................................................................................................137 Chapter 10 Public Opinion and the News Media ............................................................155 Chapter 11 Political Parties and Interest Groups.............................................................179 Chapter 12 Voting, Elections, and Campaigns................................................................203 Chapter 13 Social and Economic Policy .........................................................................231 Chapter 14 Foreign and Defense Policy ..........................................................................253 Chapter 15 The Context for Texas Politics and Government .........................................271 Chapter 16 The Texas Constitution .................................................................................287 Chapter 17 Local Government and Politics in Texas ......................................................301 Chapter 18 The Texas Legislature...................................................................................319 Chapter 19 The Governor and Bureaucracy in Texas .....................................................341 Chapter 20 The Texas Judiciary ......................................................................................361 Chapter 21 Political Parties, Interest Groups, Elections, and Campaigns in Texas ........379 Answer Section ......................................................................................................................403 iii Copyright © 2009 Pearson Education, Inc. Publishing as Longman. iv Copyright © 2009 Pearson Education, Inc. Publishing as Longman. CHAPTER 1 THE POLITICAL LANDSCAPE Chapter Goals and Learning Objectives To know where you are and where you are going, it is useful to know where you have been or where you come from. Probably one of the questions you ask a classmate on the first day of class is, “Where are you from?” To better know and understand a person, you want to know about his or her history and background. Similarly, to know and understand our government, you need to understand its origins, its history, and its beginnings. The government we have did not suddenly descend from the sky, deus ex machina, one day perfectly formed. The roots of our American culture and government run deep. To understand our present, we must understand the history, circumstances, ideas, and populace which drove our national development. Where did we come from? What were and are our goals and aspirations? Why does our government look, act, and function the way it does? Why this form of government and not another? You may be one of many students holding this book at the start of the new semester, looking at the first chapter and thinking, “I don’t like politics and I’m not interested in government!” Stated bluntly, while you might not be interested in government, government is quite interested in you. From the moment of your very conception until your death, and every moment in between, the government is involved in all aspects of your life. "How so?" you query. Ask yourself: Will abortion be legal or illegal? My Mom has Parkinson’s disease—why won’t they let stem cell research cure it? Why are tuition rates soaring and student loans harder to get? What kind of education will my kids get when I get married? Will I be sent to a war in Iraq or some other faroff country? Is my sexual choice legal? Are we safe from terrorists? Will the economy be safe and vibrant for my future? Will my civil liberties be curtailed in the effort to combat terrorism? Will there be a decent job for me in the future? Will Social Security be there when I’m old? Should my grandfather, who is terminally ill and suffering severely, be euthanized at his request? Who makes these decisions? Most directly, our representatives in the legislative, executive and judicial branches of both the state and national government. In our republican form of government, you and I pick the people who make those decisions—if we vote; if we involve ourselves in those decisions. If we don’t vote, if we don’t get involved, someone else picks those people who act in our behalf in government, and the decisions they make won’t reflect what you want and need. From the standpoint of self-interest alone, apathy is an unwise attitude to hold about government and politics. Our government is, essentially, made up of the people who understand it and take part in it. Can you make a difference? Can you protect yourself from the abuses of government? Can you improve your community? Can you make a better life for yourself and your family through having a role in politics and government? You can better answer these questions when you have an understanding of our government, its structure, and its foundations. Equipped with such understanding, you can be a better citizen and, in turn, make your life, community, and government better. This nation is changing. It always has and always will. Many 1 Americans are dissatisfied with the workings of the government, yet understand little of how their government works. This leads to apathy and frustration. You may be one of these people. However, a thorough understanding of the system, its history, and, structure can help you improve and reform the system. Armed with this knowledge, you can become a more active participant in the political process. This chapter is designed to give you an overview of the subject of the text as well as a look at the theories and ideas that underpin our political and economic system. The main topic headings of the chapter are: Roots of American Government: What Are They and Why Are They Important? The Philosophical Origins of American Government American Political Culture and the Basic Tenets of American Democracy Toward Reform: Population Changes and Americans' Attitudes Toward Government In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of American government and the significance of those roots the origins of our ideas on government; understanding the philosophies that guided early America American political culture and the principles of American democracy; the enduring values defining American democracy America's population and American attitudes toward government Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. the Framers— Preamble to the United States Constitution— meaning and goals in the Preamble— Pledge of Allegiance— 2 “best hope” and “last, best hope on earth”— Roots of American Government: What Are They and Why Are They Important? government— citizen— 2007 presidential elections in Kenya and Pakistan— politics— Functions of Government “to form a more perfect union”— Thinking Globally: The European Union— Ideas Into Action: The American's Creed— establishing justice— ensuring domestic tranquility— providing for the common defense— promoting the general welfare— Allocation of the Federal Budget, 2008 (Figure 1.1)— securing the blessings of liberty— Types of Government Aristotle’s Classifications of Government (Table 1.1)— monarchy— totalitarianism— oligarchy— democracy— majority of governments worldwide— 3 The Philosophical Origins of American Government The Reformation and the Enlightenment: Questioning the Divine Right of Kings divine right of kings— Reformation and Enlightenment— Puritans— Pilgrims— Mayflower Compact— social contract— Hobbes, Locke, and a Social Contract Theory of Government social contract theory— Thomas Hobbes— Leviathan (1651)— "state of nature"— “solitary, poor, nasty, brutish, and short”— John Locke— Second Treatise on Civil Government (1698) and Essay Concerning Human Understanding (1690)— Locke's refutation of the divine right of kings— natural rights— life, liberty, and property— Locke believed which branch of government should be the most powerful and why?— Thomas Jefferson and the original draft of the Declaration of Independence— 4 Devising a National Government in the American Colonies American colonists’ view on King George and the British government— direct democracy— indirect democracy (representative democracy)— Virginia House of Burgesses— republic— American Political Culture and the Basic Tenets of American Democracy political culture— Personal Liberty personal liberty— expansion from “freedom from” to “freedom to”— Fourteenth Amendment— Equality political equality— Popular Consent, Majority Rule, and Popular Sovereignty — popular consent— majority rule— protection of minority rights— popular sovereignty— natural law— Civil Society civil society— Individualism individualism— “certain unalienable rights”— 5 a mixed blessing— Religious Faith and Religious Freedom religion and religious faith in America— faith and political opinion in America— Political Ideology: Its Role in the World and in American Politics political ideology— two factors that shaped human history in 20th century (Isaiah Berlin)— ideologies perform four key functions: 1) 2) 3) 4) Prevailing American Political Ideologies Adult Ideological Self-Identification, 1974-2008 (Figure 1.2)— libertarians— conservative— what conservatives tend to favor— social conservative— liberal— what liberals tend to favor— Problems with Political Labels studies show conservatives often take liberal positions on issues and viceversa— 6 Changing Characteristics of the American People things Americans have in common— focus on differences among Americans— Changing Size and Population U.S. population when Constitution adopted— characteristics of Americans one year after U.S. Constitution ratified— U.S. population, 1880-2040 (Figure 1.3)— population and representation in Congress— Changing Demographics of the U. S. Population changes in racial and ethnic composition— immigration— Race and Ethnicity in America: 1967 and 2008 (Figure 1.4)— non-white population in 2008 and representation in Congress— changes in age cohort composition— changes in average age in America— average age expectancy when U.S. founded and in 2008— Baby Boomers— Government, Health Care, and Costs (Table 1.2)— potential effects of aging population— younger voters vs. older voters— changes in family and family size— Join the Debate: The Huntington Theory of Hispanization— factors affecting family size and household arrangements— traditional families and other models in 1940 and 2006— single-parent families— 7 Toward Reform: Population Changes and Americans' Attitudes Toward Government illegal immigration: problems and reactions— anti-immigration sentiments in America— effects of demographics— Attitudinal Change and Reform American Dream— major sources of most American’s on-the-air news supplemented by growth of news and quasi-news outlets— significance of cable new programs in 2008 presidential election— growth of Internet and blogs— effects of news media dynamics (rush to be first with the news, instantaneous nature of communications, focus on personality and scandal)— how Americans are viewed abroad— High Expectations Americans’ relation to government (federal and state) in the first 150 years of our nation’s history— the rise in public expectations of the federal government— Redefining Our Expectations Concerning Reform our lack of faith in country’s institutions and symbols Analyzing Visuals: Faith in Institutions, Figure 1.7— 2008 poll on what Americans think about the direction the country is headed and what this belief leads to— Americans’ high standard of living due to governmental programs and protections— everyday pervasive influence of government rulings or regulations in Americans’ lives— the good government can do— 8 government and politics are not static and what that means to Americans— Research Ideas and Possible Paper Topics 1) Further examine the Enlightenment and some of the political philosophers who developed concepts that the Founders incorporated into our system of government. What were some of the key ideas that formed the predicates for the government we have today? 2) Do you believe government is intrinsically good or bad? Or is government merely a tool, with the good or bad effects it produces a result of the intentions and abilities or those who control it? What are your expectations of government, if any? Does government affect your life in any way? Why or why not? 3) Discuss the nature of the challenges to America posed by the changing racial, ethnic, and age distribution in society. Look at the contemporary controversy regarding illegal immigration from Mexico as well as more philosophical arguments. Has the meaning of the phrase “We the People” from the Preamble to the United States Constitution changed from the meaning vested in that statement by the Founders? 4) Examine the theme of "change" in the campaigns of the two presidential candidates in 2008, Democratic candidate Barack Obama and Republican candidate John McCain. How did Americans' expectations regarding reform affect their response to the two candidates’ call for change? What impact did the economic crisis and the massive bank bailout have on the reaction to the two candidates' competing calls for change? Did Americans expect too much of one candidate or the other? Did Americans expect too much of their government in response to the crisis or not enough? Web Sites U.S. Census Bureau offers information on the demographic, geographic, and economic makeup of our country. Includes the ability to search for state-level data. http://www.census.gov The University of Michigan Documents Center page titled “Statistical Resources on the Web for Political Science” provides a one-stop academic research site for students, listing numerous links to sites to assist in researching political, racial, ethnic, social, and other demographic information. http://www.lib.umich.edu/govdocs/stpolisc.html The Gallup Organization offers up-to-date and historical perspectives on the opinions of the American public. http://www.gallup.com 9 Brandeis University’s Political Philosophy Internet Resources Web site provides links to numerous sites of interest in political philosophy. http://people.brandeis.edu/~teuber/polphil.html To better understand the Enlightenment, go to a marvelous Web site developed by a high school history teacher in Mesquite, Texas titled TeacherOz.com. The Enlightenment page lists scores of resources. (The TeacherOz.com Web site received a recommendation by The History Channel.) http://www.teacheroz.com/Enlightenment.htm PBSKids presents an interactive Web site titled, “How Does Government Affect Me?” While prepared for grammar-school children, the site nevertheless can engage your thinking as to how government does indeed affect everyday life of students and other Americans. It is also a great site to share with your children or younger siblings if you have any. http://pbskids.org/democracy/govandme/ PBS P.O.V. developed a Web site for the 2008 election on the question, “Why Vote?” Although we have experienced another general election since its posting, the Web site provides interesting commentary from a wide range of citizens offering their “point of view” about voting or nonvoting. http://www.pbs.org/pov/pov2008/election Yahoo.com. Yahoo is a commercial search engine that has a wide variety of information. For our purposes, there is a government subheading of Yahoo that will provide you with links to many topics on government, such as regime type, ideology, political thought, and more. http://dir.yahoo.com/Government Practice Tests MULTIPLE CHOICE QUESTIONS 1) According to Aristotle's classifications of government, rule by a few whose interests are served by the public is a/an A) aristocracy. B) dictatorship. C) democracy. D) monarchy. E) oligarchy. 2) Which of the following best describes Saddam Hussein? A) He was an oligarch. B) He was a patriarch. C) He was a tyrant. D) He was a democrat. E) He was a monarch. 10 3) In which of the following areas has the European Union achieved the greatest integration? A) language integration B) economic integration C) military integration D) political integration E) cultural integration 4) Locke argued that a major responsibility of governments is to protect A) elected officials. B) human dignity. C) economic equality. D) private property. E) the people from themselves. 5) The belief that all people are free and equal by natural right and that government gains it authority from the consent of the governed are cornerstones of A) a monarchy. B) political culture. C) an oligarchy. D) evangelicalism. E) the social contract theory. 6) A direct democracy is a system A) in which an elite makes decisions for the society. B) in which representatives meet to discuss policy and make decisions. C) in which the masses have certain rights, but decisions are made by a council. D) in which all members of the polity meet to discuss policy and make decisions. E) that is the main form of government in most states. 7) In an indirect democracy, public policies are determined by A) consensus. B) oligarchs. C) religious figures. D) representatives. E) economic elites. 8) Popular sovereignty has its roots in A) monarchism. B) natural law. C) elitism. D) ecumenicalism. E) Mormonism. 9) A civil society A) is "nasty, brutish, and short." B) is ruled by a leviathan. C) encourages citizens to engage in policy debates. D) is harmful to democracy. E) hinders a frank exchange of ideas. 11 10) Which of the following is a key function of an ideology? A) to polarize the electorate B) to help citizens make political decisions C) to serve as a substitute for religious faith D) to protect citizens' civil liberties E) to encourage citizens to engage in civil society 11) __________ tend to favor local and state government action over federal action. A) Conservatives B) Liberals C) Libertarians D) Independents E) Democrats 12) Who most strongly believes that government should promote equality and provide social services? A) liberals B) moderates C) populists D) libertarians E) conservatives 13) Which of the following issues would be of most concern to social conservatives? A) abortion B) defense spending C) separation between church and state D) proportional taxes E) regulation of business practices 14) Liberalism is a political ideology that A) believes individuals should look to churches and other social services organizations instead of the government for assistance. B) is comfortable with the social status quo. C) generally favors equality. D) seeks to end costly welfare programs. E) shares many of its views with libertarians. 15) Because people in this country are living longer than ever before, which one of the following issues do you think this burgeoning population of voters might be most interested in? A) public school quality B) college loan programs C) tax cuts for parents of young children D) Social Security E) increased funding for parks and recreation 12 16) When did the number of new immigrants to the United States peak, reaching almost 9 million people? A) 1900-1910 B) 1960-1970 C) 1970-1980 D) 1990-2000 E) 2000-2008 17) Which of the following arguments is most consistent with the Huntingdon Theory of Hispanization? A) A shared language and civic education bind citizens together. B) In the past, certain waves of immigrants were incorrectly thought to be a threat to American culture. C) You don’t have to speak a common language to share a common political culture. D) Anglo-Protestants do not have a monopoly on American political culture. E) Hispanic Americans earn a higher income than do Anglo Americans. 18) The proliferation of government programs affecting almost every aspect of American life was initiated under which president? A) Franklin D. Roosevelt B) John F. Kennedy C) Dwight D. Eisenhower D) Ronald Reagan E) Bill Clinton 19) Which of the following is an accurate description of Americans’ views of government? A) Americans tend to have high expectations for what government can accomplish. B) Americans are generally trusting of politicians. C) Most Americans are apathetic about voting. D) Most Americans believe that government looks out for “people like me.” E) Most Americans are highly informed about politics. 20) The American Dream often includes which of the following: A) A better life than one's children B) Dual citizenship C) Increasing recidivism D) Personal wealth E) All of the above TRUE/FALSE QUESTIONS 1) When the U.S. Constitution was written, voting was largely limited to property-owning white males. 2) Thomas Hobbes argued in favor of a plural executive, where the responsibilities of governing were separated between several coequal leaders. 3) The U.S. federal government frequently makes grants to nongovernmental organizations to promote civil society. 13 4) Individualism is looked down upon in American political culture. 5) When it comes to regulation of the economy, conservatives tend to believe that government is best that governs least. 6) The number of African Americans in the United States is higher than the number of Hispanics. 7) Samuel Huntington argues that the most recent wave of immigration is seriously compromising American values. 8) Concern about immigration is a relatively new phenomenon. 9) African Americans were less satisfied with the government's response to Hurricane Katrina than were whites. 10) Across the globe, perceptions of America are increasingly unfavorable. ESSAY AND SHORT ANSWER QUESTIONS 1) Describe three ways in which the U.S. government promotes the general welfare. 2) Compare and contrast tyranny, oligarchy, and democracy. 3) Your textbook lists five key concepts in American democracy. Which one do you think is most important? Why? 4) What is a libertarian? 5) In order to understand the nature of the American government, one must know who the American people are. Discuss the demographics of the United States and the effects of these demographics on the political system. 6) Thomas Jefferson saw the United States as the "world's best hope," and other presidents have been equally as certain of the United States' place in the world. Today, however, there is some debate about the place of the United States in the world. Discuss whether or not you agree with Jefferson. Please provide specifics from the text as well as from your reading of newspapers or other media. 7) What is "civil society"? Why has this concept taken on special importance in recent years in places such as Iraq and Afghanistan? 8) What is a political ideology? Describe the differences between liberal, conservative, and libertarian ideologies. What policy positions are members of these groups likely to support? 9) How has the percentage of Americans who call themselves liberals, conservatives, and moderates changed since the 1970s? What do you think might have been driving these changes? 14 10) Immigration, especially across our Southern borders, continues to divide the citizenry, the political parties, and the president. Political scientist Samuel Huntington believes that this new wave of immigration is particularly harmful to the continued maintenance of American values. Outline Huntington’s perspective and that of his critics. Do you agree or disagree with Huntington’s concerns? Make sure to use examples to support your answer. 15 16 CHAPTER 2 THE CONSTITUTION Chapter Goals and Learning Objectives To build a house you first must lay a foundation. The foundation buttresses the structure, gives it support and definition. You build your house directly atop the foundation. Anything not built on that foundation will surely fall from lack of definition and support. The foundation of our system of government is the Constitution. Our nation and its laws are built upon it. The U.S. Constitution is one of the longest-lasting and least-amended constitutions in the world and has endured despite changing demographics, changing technology, and changing ideas. The problems encountered and compromises made by the Framers of the Constitution continue to affect our nation and our political process. Yet, the structure created and supported by our Constitution still stands. It is important to understand why. An understanding of the Constitution and its development is essential to understanding our political system. This chapter surveys the colonial era and the events that led to the writing of the Declaration of Independence, the main grievances of the colonists against the Crown and Parliament, the first American government under the Articles of Confederation, the writing of the U.S. Constitution, the nature of the U.S. Constitution, and the ratification debate. The main topic headings of the chapter are: Roots of a New American Nation The First Attempt at Government: The Articles of Confederation The Miracle at Philadelphia: Writing the U.S. Constitution The U.S. Constitution The Drive for Ratification Toward Reform: Methods of Amending the Constitution In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) 17 In general, after you finish reading and studying this chapter, you should understand the following: the roots of the new American nation and the attendant conditions surrounding the Declaration of Independence and the break from Great Britain the first attempt at American government created by the Articles of Confederation the circumstances surrounding the writing of the U.S. Constitution in Philadelphia the result of the Framers’ work in Philadelphia—the U.S. Constitution the campaign for ratification of the new Constitution the methods of amending the Constitution Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. number of amendments added since adoption of Bill of Rights in 1791— history leading up to adoption of Twenty-Sixth Amendment— adoption of the Twenty-Sixth Amendment— examples of proposed amendments that have failed to be adopted— Roots of the New American Nation the colonists' reasons for wanting to come to the New World— local participation in decision-making allowed the colonists by King James I— Virginia House of Burgesses— oppressive British traditions absent in the New World— weakening ties and loyalties to the British crown— Trade and Taxation mercantilism— England's efforts to regulate colonial imports and exports— French and Indian War— 18 Treaty of Paris of 1763— Sugar Act of 1764— Stamp Act of 1765— Samuel Adams and Patrick Henry— Sons and Daughters of Liberty— protests and boycotts— First Steps Toward Independence Stamp Act Congress of 1765— Townshend Act of 1767— Boston Massacre— Tea Act of 1773— Boston Tea Party— Coercive Acts of 1774 (Intolerable Acts)— Quartering Act— The First Continental Congresses Committees of Correspondence— First Continental Congress (1774)— Declaration of Rights and Resolves— Second Continental Congress (1775)— Lexington and Concord, April 1775, and "the shot heard round the world"— Olive Branch Petition— commander in chief of the Continental Army— 19 The Declaration of Independence Thomas Paine and Common Sense— first colony to call for independence— resolution by Richard Henry Lee of Virginia on June 7, 1776— the three parts of Lee’s resolution— Declaration of Independence— members of the declaration committee— Thomas Jefferson— July 2, 1776— July 4, 1776— John Locke and the Declaration of Independence— The First Attempt at Government: The Articles of Confederation Articles of Confederation— a “league of friendship"— Articles of Confederation passed by Congress and submitted to the states for ratification— Articles ratified by all thirteen states— British unitary system of government— a confederation derives all its powers from the states— key proposals of the Articles of Confederation— 1) 2) 3) 4) 5) 20 Problems Under the Articles of Confederation— government under the Articles proved unworkable— problems regarding money— problems regarding commerce— problems regarding judiciary— Articles greatest weakness— states' sovereign status— dissatisfaction of Washington and Hamilton with Articles of Confederation— The Miracle at Philadelphia: Writing the U. S. Constitution Constitutional Convention of 1787— plan proposed by Edmund Randolph and James Madison— plan proposed by William Paterson— The Characteristics and Motives of the Framers presiding officer of the constitutional convention— secrecy attendant to the convention— “Founding Fathers”— constitution— Charles Beard’s An Economic Interpretation of the Constitution— progeny of Beard’s work— The Virginia and New Jersey Plans Virginia Plan— New Jersey Plan— 21 Constitutional Compromises problems between small states’ desire for equal representation in the new Congress and larger states’ demand for proportional representation— Great Compromise— problems arising from regional differences— Three-Fifths Compromise— Unfinished Business Affecting the Executive Branch concerns of the Framers over a chief executive— recommendations of the Committee on Unfinished Portions— Electoral College— impeachment and removal— The U.S. Constitution Preamble— "We the People"— provisions and goals set out in the Preamble— September 17, 1787— The Basic Principles of the Constitution Montesquieu— separation of powers— checks and balances— federalism— federal system— separation of powers— three key features of separation of powers— Separation of Powers and Checks and Balances Under the U.S. Constitution (Figure 2.1)— 22 functions of the three branches of government— different means of selecting federal officers— measures to avoid intermingling of governmental functions— judicial interpretation and judicial review— separated institutions sharing power— checks and balances— The Articles of the Constitution Comparing the Articles of Confederation and the U.S. Constitution (Table 2.1)— Article I: The Legislative Branch— enumerated powers— necessary and proper clause (elastic clause)— implied powers— Article II: The Executive Branch— president— important powers of the president in section 3— State of the Union Address— section 4— limits the presidency to natural born citizens— Join the Debate: The Equal Opportunity to Govern Amendment— Article III: The Judicial Branch— Supreme Court— arguments at Constitutional Convention over a federal judiciary— Congress and lower federal courts— appointments for life— 23 Articles IV through VII— Article IV and full faith and credit clause— Article V and amendments— Article VI and the supremacy clause— Article VI and no religious test for public office— Article VII and ratification— The Drive for Ratification of the U.S. Constitution debate over proposed constitution— Federalists Versus Anti-Federalists Federalists— Anti-Federalists— Federalists and Anti-Federalists Compared (Table 2.2)— The Federalist Papers “Publius”— Alexander Hamilton, James Madison, and John Jay— The Federalist Papers— Federalist No. 10— “Brutus” and “Cato”— Anti-Federalist arguments against a strong national government— Anti-Federalists fear of the infringement of liberties by new national government— Madison answers the criticisms raised by the Anti-Federalist in Federalist Nos. 10 and 51— the great advantage of a federal system, according to Madison— the British system without a constitution (Thinking Globally: The British System)— 24 Ratifying the Constitution Article VII— June 21, 1788— Ideas Into Action: Studying the Constitution— Amending the Constitution: The Bill of Rights proposed amendments sent to the states for ratification— Bill of Rights— Bill of Rights sought by the Anti-Federalists— The Bill of Rights (Table 2.3)— Toward Reform: Methods of Amending the Constitution why the Framers created a slow method of amending the Constitution— Formal Methods of Amending the Constitution Article V— two-stage amendment process— Methods of Amending the Constitution (Figure 2.2)— The Living Constitution: Article V— amendment method that has never been used— ratification process— ratifying convention— Eighteenth and Twenty-First Amendments— intensity of efforts to amend the Constitution— proposed equal rights amendment— proposed flag-burning amendment— Politics Now: Politics and the Flag— 25 Informal Methods of Amending the Constitution judicial interpretation— Marbury v. Madison (1803)— “a constitutional convention in continuous session”— criticisms of judicial review— original intent— social and cultural change— evolution of Constitution to accommodate change— changes in the way institutions of government act— Great Depression and the New Deal— Research Ideas and Possible Paper Topics 1) Examine the Articles of Confederation and pose an argument that they were not inherently flawed and should have been maintained as the American form of government. Examine some of the arguments by conservatives today who endorse a further downsizing of the federal government and the return of many federal powers back to the states. How do these arguments compare to the Articles of Confederation? 2) Those who believe in a literal interpretation of the Constitution look to documents such as the Federalist Papers to determine the original intent of the Framers. Research the historical and political importance of the Federalist Papers with regard to the interpretation of the Constitution. Do Hamilton, Madison and Jay in the Federalist Papers provide a complete and sound explanation of the Framers' thinking in writing the Constitution or were the Federalist Papers a polemic written to sell the new constitution to a skeptical public? 3) The text gives a few examples of how the Constitution has changed due to interpretations by the judiciary and others. Explore other ways in which the Constitution has changed or will soon change. 4) The presidential candidates in 2008 had very different methods of interpreting the Constitution. Republican John McCain favored an original intent interpretation while it was Democrat Barack Obama's belief that the framers of the Constitution purposefully left it somewhat vague so that it could be interpreted in light of changing times in the country's history. How does the president's interpretation of the Constitution act as an informal method of interpretation of the Constitution and how do you expect the new 26 president's approach will change the meaning and understanding of the Constitution in his administration? Web Sites Cornell University site offers the complete text of the Constitution. Many terms are hyperlinked and cross-referenced to other key issues. http://www.law.cornell.edu/constitution/constitution.table.html The U.S. Constitution Online offers many documents, including the Articles of Confederation, Declaration of Independence, the Constitution, and many other links. http://www.usconstitution.net Search and download the text of the Federalist Papers from The Avalon Project at Yale Law School. http://avalon.law.yale.edu/subject_menus/fed.asp Turn to GradeSaver’s Classic Notes for background on Alexander Hamilton, James Madison, and John Jay, as well as summaries and analysis of The Federalist Papers. http://www.gradesaver.com/ClassicNotes/Titles/federalist/ The Manuscript Division of the Library of Congress offers a wide variety of documents from the fifteenth to twentieth centuries on American history. http://lcweb2.loc.gov/ammem/mcchtml/corhome.html The National Archives offers a thorough explanation of the constitutional amendment process as well as several useful links to Constitutional Amendment Information in their Treasures of Congress Exhibit. http://www.archives.gov/federal-register/constitution/ National Museum of American History offers timelines, virtual exhibits, music, and other information from American history. http://www.americanhistory.si.edu/ The University of Missouri-Kansas City hosts a Web site examining constitutional conflicts. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm 27 Practice Tests MULTIPLE CHOICE QUESTIONS 1) Patrick Henry and Samuel Adams were among the leaders of the A) Sons of Liberty. B) Stamp Act Congress. C) Philadelphia Parliament. D) Continental Congress. E) Virginia House of Burgesses. 2) The Boston Tea Party was a A) celebration conducted after the Boston Red Sox won the World Series. B) colonial response to the Intolerable Acts. C) response to the Tea Act, which lowered the price of tea for loyalists in the Southern states. D) response to the Tea Act, which penalized many colonial merchants. E) meeting of reconciliation between the crown and colonial leaders. 3) To facilitate the flow of information among the colonies about developments with the British, the colonists created the A) Sons of Liberty. B) Committees of Correspondence. C) Continental Congress. D) Stamp Act Congress. E) "Thomas Paine" society. 4) The First Continental Congress expressed opposition to which of the following? A) the Virginia House of Burgesses B) the Coercive Acts C) the Boston Tea Party D) Shays’s Rebellion E) None of the above 5) At what 1774 meeting did representatives adopt a resolution opposing the Coercive Acts? A) Stamp Act Congress B) First Continental Congress C) Second Continental Congress D) Committees of Correspondence E) Boston Tea Party 6) Common Sense was Thomas Paine's attempt to A) persuade the king as to why the colonists should have greater rights. B) inform Parliament why the various Acts were being opposed in the Colonies. C) persuade the colonists to support the acts of Parliament. D) persuade the colonists to engage in civil disobedience. E) persuade the colonists towards independence from Britain. 28 7) Fighting in the American Revolution broke out in the battle at A) Saratoga, New York. B) Trenton, New Jersey. C) Lexington and Concord, Massachusetts. D) New York, New York. E) Yorktown, Virginia. 8) Who commissioned a committee of five people to draft the Declaration of Independence? A) the British Parliament B) the First Continental Congress C) the Second Continental Congress D) Congress under the Articles of Confederation E) Congress under the Constitution 9) The Articles of Confederation contained provisions for all of the following EXCEPT: A) A national government with a Congress empowered to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes. B) Each state maintained its independence and sovereign right to govern within its territories. C) One vote in the Continental Congress for each state, regardless of size. D) The vote of nine states to pass any measure; a unanimous vote for any amendment. E) The creation of a national judicial system to adjudicate disputes that arose between two states. 10) Under the Articles of Confederation, the judicial branch was A) the workhorse of the federal government. B) nonexistent. C) quite strong. D) dominated by Torries. E) responsible for enacting all laws. 11) What was the biggest weakness of the Articles of Confederation? A) lack of a national court in which British loyalists could sue Americans B) an overly powerful Congress and an anemic president C) the inability to maintain low taxes D) lack of a strong national government E) citizens trusted the national government more than the state governments 12) The significance of Shays's rebellion is that it A) forced the banks to foreclose on delinquent farmsteads. B) forced the banks to foreclose on delinquent merchants. C) prevented Massachusetts from joining the Articles of Confederation. D) established the principle of "no taxation without representation." E) convinced the colonists that the Articles of Confederation were too weak. 29 13) In 1787, a Constitutional Convention was called for the purpose of A) elevating George Washington to president. B) revising the Articles of Confederation. C) writing a new constitution. D) adding states to the new nation. E) resolving trade disputes among the states. 14) What was the Three-Fifths Compromise? A) A three-fifths majority would be necessary to amend the constitution. B) A three-fifths majority would be necessary to appoint members of the Supreme Court. C) Three states would be "slave states," five states would be "free states," and the remaining states would be able to decide their own fate after 1820. D) Each slave would count as three-fifths of one person for purposes of representation in the House. E) An agreement reached by three-fifths of the states to revoke the Articles of Confederation and install the Constitution. 15) Why did the Framers create the Electoral College? A) to prevent partisan bickering about who would be president B) because they didn’t trust the masses to elect the president directly C) so that ordinary Americans could influence the selection of the president D) to placate the British Parliament E) to ensure that the public could fully vet all presidential and vice-presidential candidates 16) In drafting the Constitution, problems concerning the executive branch were ironed out by A) the Committee on Unfinished Portions. B) a joint taskforce comprised of members from the House and Senate. C) Alexander Hamilton, James Madison, and John Jay. D) the First Congress. E) a duel just outside the doors of Independence Hall. 17) The sole responsibility to try a president or vice president on charges of "treason, bribery, or other high crimes and misdemeanors" constitutionally falls to the A) House of Representatives. B) state legislatures. C) Supreme Court. D) federal court system. E) Senate. 18) Which of the following is an executive branch check on the legislative branch? A) declaring executive branch actions unconstitutional B) changing the number of federal courts C) changing the jurisdiction of federal courts D) refusing to implement judicial branch decisions E) calling Congress into special session 30 19) The power to regulate environmental standards comes from Congress's authority A) under the necessary and proper clause. B) as enumerated in the Constitution. C) to approve presidential appointments. D) under the power to tax clause. E) none of the above 20) Article I, Section 8, sought to redress a failing of the Articles of Confederation by enumerating which of the following Congressional powers? A) the power to regulate some commerce B) the power to ratify treaties C) the power to issue executive orders D) the power to command the armed forces E) the authority to appoint ambassadors TRUE/FALSE QUESTIONS 1) Following the French and Indian War, the colonists and Great Britain eagerly encouraged further westward expansion. 2) In 1772, Committees of Correspondence were established to keep the colonists informed about developments with the British. 3) Thomas Paine’s Common Sense was instrumental in arousing colonists’ support for the new Constitution. 4) Weaknesses of the Articles of Confederation included the inability to pay war debts, to collect taxes, and to conduct general business. 5) Smaller states tended to prefer the New Jersey Plan. 6) The Constitution says that slaves were to be counted as three-fifths of a person for the purpose of determining how many seats each state would have in the House of Representatives. 7) The phrase “we the people” is found prominently in the Declaration of Independence. 8) The executive branch is described in Article II of the Constitution. 9) A clause in the Constitution would prohibit Arnold Schwarzenegger from becoming president. 10) The Federalists tended to draw support from small farmers, shopkeepers, and laborers. ESSAY AND SHORT ANSWER QUESTIONS 1) What is mercantilism and how did it affect the American colonies? 2) What influence did Thomas Paine and John Locke have on the Declaration of Independence? 31 3) Why was the national government under the Articles of Confederation so weak? 4) Why is the drafting of the Constitution sometimes called the “Miracle at Philadelphia”? 5) Discuss how representation was addressed at the Constitutional Convention. 6) How did the writings of Montesquieu influence the Constitution? 7) What are the differences between the enumerated and implied powers of the federal government? 8) Describe the various legislative checks on the judicial branch. 9) What is the formal process for amending the Constitution? Why did the Framers design the process this way? 10) What were The Federalist Papers? Include a discussion of Federalist Papers #10 and #51. 32 CHAPTER 3 FEDERALISM Chapter Goals and Learning Objectives During and following the Katrina disaster in 2005, Americans witnessed a vivid example of the sometimes testy relationship between the national government and the states. Was the federal government responsible for the inadequate response, were the impacted states responsible, or was it a combination of both? Subsequently, the hurricane disaster response by the federal government in the impacted Gulf Coast states following landfall of Gustav and Ike in 2008 demonstrated the fluid nature of the level of cooperation and struggle between the states and the federal government. Given the problems the colonists had with arbitrary English rule, early Americans understandably distrusted a strong, central government and its powers. When framing their own government, they reasoned it necessary to divide power as much as possible to prevent tyranny. They accomplished this horizontally via the separation of powers and checks and balances with the three branches of government divided and sharing powers. They also accomplished this vertically through federalism, a system in which the national government and the states share powers. Because of these two basic divisions of power, according to James Madison in Federalist No. 51, “a double security arises to the rights of the people.” The Founders concluded that the national government needed more power than it was allotted under the Articles of Confederation, but the Framers never intended to gut the powers of the states. Instead, they intended to divide powers so that no one branch or level of government got too powerful. The rest of U.S. history and politics has included battles over the way in which the Constitution divvies up these powers, what the vaguely worded passages mean, and the constantly shifting relationship between the national and state governments. From the ratification of the Tenth Amendment to McCulloch v. Maryland, the Civil War to the New Deal, the Reagan Revolution to the Contract with America, as well as from the expansion of the federal government to deal with terrorism through to the Katrina fiasco, the tug of war between the federal government and the states continues unabated into the 21st Century. This chapter is designed to introduce you to our system of federalism. The main topic headings of the chapter are: Roots of the Federal System and the Constitutional Allocation of Governmental Powers Federalism and the Marshall Court Dual Federalism: The Taney Court, Slavery, and the Civil War Cooperative Federalism: The New Deal and the Growth of National Government New Federalism: Returning Power to the States Toward Reform: A new Judicial Federalism? In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in 33 mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of the federal system and how governmental powers are allocated under the Constitution how the Marshall Court defined federalism dual federalism before and after the Civil War cooperative federalism and the growth of national government the movement toward returning power to the states under new federalism how the Rehnquist and Roberts Courts have redefined the boundaries of federalism Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. the response of the federal and state governments to Hurricane Katrina— FEMA— failures of intergovernmental communications— efforts by the Framers of the Constitution to distribute power between the federal and state governments— Number of Governments in the United States (Figure 3.1)— The Roots of the Federal System and the Constitutional Allocation of Governmental Powers federal system— unitary system— The Federal, Unitary, and Confederate Systems of Government (Figure 3.2)— Thinking Globally: Federal and Unitary Systems— 34 National Powers Under the Constitution enumerated powers— necessary and proper clause— implied powers— federal government right to tax— Sixteenth Amendment— supremacy clause— State Powers Under the Constitution powers of the states mentioned in the main text of the Constitution— "Republican Form of Government"— Tenth Amendment— reserve or police powers— Concurrent Powers Under the Constitution Distribution of Governmental Powers Under the Constitution (Figure 3.3)— concurrent powers— Powers Denied Under the Constitution powers denied Congress under Article I— forging a national economy— contracts, compacts, commerce, and duties— bill of attainder— ex post facto laws— Relations Among the States resolving disputes among states— full faith and credit clause— 35 1997 Supreme Court case on full faith and credit (see, The Living Constitution: Article IV, Section 1)— privileges and immunities clause— extradition clause— interstate compacts— Drivers License Compact— Compacts by the Numbers (Table 3.1)— Relations within the States: Local Governments the Constitution and local governments— Federalism and the Marshall Court importance of U.S. Supreme Court rulings on the nature of federalism— John Marshall— McCulloch v. Maryland (1819) McCulloch v. Maryland— Chief Justice Marshall’s answers to the two questions raised— necessary and proper clause today— Gibbons v. Ogden (1824) Gibbons v. Ogden— commerce clause— Dual Federalism: The Taney Court, Slavery, and the Civil War Roger B. Taney— dual federalism— Dred Scott and the Advent of the Civil War the Taney Court era and the role of the Supreme Court— Dred Scott v. Sandford (1857)— 36 who was Dred Scott?— Missouri Compromise— The Civil War, Its Aftermath, and the Continuation of Dual Federalism the Civil War and federalism— Civil War Amendments— the Supreme Court’s adherence to dual federalism— Plessy v. Ferguson (1896)— separate but equal— the Supreme Court and the national government’s ability to regulate commerce— Congress works to establish itself as an important player in the growing national economy— Setting the Stage for a Stronger National Government Sixteenth Amendment— Seventeenth Amendment— Cooperative Federalism: The New Deal and the Growth of National Government the end of dual federalism in the 1930s— economic events in the 1920s as catalyst for end of dual federalism— Presidents Calvin Coolidge and Herbert Hoover— The New Deal rampant unemployment and the Great Depression— Franklin D. Roosevelt— New Deal— “alphabetocracy”— the New Deal and local governments— the New Deal enlarged the scope of the national government— 37 the Supreme Court’s laissez-faire attitude toward the economy— FDR’s Court-packing plan— Court reverses itself on anti-New Deal decisions— Court upholds the constitutionality of the most of the New Deal relief programs— The Changing Nature of Federalism: From Layer Cake to Marble Cake layer cake metaphor— marble cake metaphor— cooperative federalism— Join the Debate: Federalism and the Environment— changing nature of federalism between the New Deal and the 1990s— the 1970s energy crisis and the national 55-mph speed limit— Federal Grants and National Efforts to Influence the States Congress and Revolutionary War debt payments— Morrill Land Grant Act of 1862— FDR and federal dollars to the states— federal grant-in-aid programs— categorical grants— Lyndon B. Johnson— the Great Society— “War on Poverty”— control of programs shift toward Washington— New Federalism: Returning Power to the States New Federalism— shrinking the size of the federal government— 38 The Reagan Revolution Republican “Reagan Revolution”— arguments for federal grants— Reagan attacks federal grants— massive cuts in domestic programs— dramatic alteration of federal-state-local government relationship— block grants— four categories of block grants as of 1993— The Devolution Revolution Contract with America— Newt Gingrich— “devolution revolution”— Republican control of House in 104th Congress— unfunded mandates— Unfunded Mandates Reform Act of 1995 Personal Responsibility and Work Opportunity Reconciliation Act of 1996— fiscal and economic results of these programs in the short run— Federalism Under the Bush Administration George W. Bush— state budget shortfalls— federal budget deficit— sources of the federal deficit— “No Child Left Behind”— preemption— Politics Now: No Child Left Behind— 39 Toward Reform: A New Judicial Federalism? role of the U.S. Supreme Court in defining federalism— Supreme Court and federalism in the 1930s— Supreme Court and federalism from the New Deal until the 1980s— "a new kind of judicial federalism"— Webster v. Reproductive Health Services (1989), illustrative of trend— the Court and the authority of states to limit abortion— Analyzing Visuals: State-by-State Report Card on Access to Abortion— Stenberg v. Carhart (2000) and 2006 Roberts Court unanimous decision— 2007 unanimous Roberts Court ruling on Partial Birth Abortion Act— the Court has decided several major cases on the nature of the federal system since 1989— U.S. v. Lopez (1995)— sovereign immunity— 1997 Supreme Court cases on tradition state issues—zoning and local law enforcement— Violence Against Women Act of 1994 and the Supreme Court— Ideas Into Action: Violence on Campus— Rehnquist Court and sovereignty of states— The Rehnquist and Roberts Courts and Federalism (Figure 3.4)— mixed signals from the Rehnquist and Roberts Courts on federalism (medical marijuana and state law; FMLA and the states; assisted suicide and state law; state immunity under 11th Amendment)— U.S. v. Georgia (2006)— Roberts Court and future questions of federalism— 40 Research Ideas and Possible Paper Topics 1) Read the Federalist Papers on the topic of federalism. Note down the important features of federalism and its intent. Next, do some research on federalism today. How well does what you see today conform to the “intent of the Founding Fathers”? In a paper, discuss your conclusions and why you think federalism today is similar to or different from what was envisioned in 1787. 2) Examine the role of the U.S. Supreme Court regarding federalism prior to the New Deal, during and after the New Deal, and in the current era of New Federalism. What have been some of the factors affecting the Court, internally and externally during these periods? Is the Court returning to the pre-New Deal approach it took toward federalism? Do you, based upon your research, believe this is a good or problematic development? 3) What do you think are the most important federal issues today and why? Some possibilities include “full faith and credit” (particularly regarding same-sex marriages), the use of the “commerce clause,” reproductive rights, term limits, child support issues, and others. Determine what federalism issues are present on the docket of the current United States Supreme Court docket and discuss what impact the Court may make on the definition of the federal-state relationship. 4) The response to Hurricane Katrina and its aftermath in the late summer of 2005 dramatically brought to the nation’s attention some of the more prominent problems of federalism and how we respond to a disaster, whether it be a natural disaster, as in the case of a hurricane, or a man-made disaster, as in the case of any number of terrorism scenarios. What were some of the problems that became apparent during Katrina and afterward? What structural, political and administrative dynamics led to the failures? What has been done to correct the problems as evidenced by the response of the federal government and the states with regard to Hurricane Gustav and Ike in 2008? Web Sites National Council of State Legislators site offers analysis and information on intergovernmental relations. http://www.ncsl.org/statefed/afipolcy.htm NGA Federal Relations page, sponsored by the National Governors' Associations examines state-focused problems and provides information on state innovations and practices in how states can best work with the federal government to achieve necessary goals for the citizens of the states. The Web site has stories and articles of interest on the states and provides links to similar issues and organizations. http://www.nga.org/portal/site/nga/menuitem.67948e4cf7b28b7ae8ebb856a11010a0/?vg nextoid=455c8aaa2ebbff00VgnVCM1000001a01010aRCRD The U.S. Department of Health and Human Services manages a Web site titled GRANTS.GOV to help individuals find and apply for federal grants. http://www.grants.gov 41 Publius: The Journal of Federalism. Publius, sponsored by the Section on Federalism and Intergovernmental Relations of the American Political Science Association, offers academic articles on federal issues in the United States and abroad. The journal publishes special issues on the state of federalism in the U.S. http://publius.oxfordjournals.org The Brookings Institution, a moderate-to-liberal think-tank in Washington, provides free access to a recent policy paper: “Rediscovering Federalism” http://www.brookings.edu/papers/2007/07governance_nivola.aspx American Enterprise Institute, a conservative think-tank, conducts the Federalism Project, which “explores opportunities to restore real federalism—that is, a federalism that limits the national government's power and competes for their citizens' assets, talents, and business.” http://www.federalismproject.org/ The Urban Institute, a “non-profit policy research organization established in Washington D.C. in 1968” has prepared a number of articles and reports relating to federalism under the heading “Assessing the New Federalism.” http://www.urban.org/content/Research/NewFederalism/AboutANF/AboutANF.htm The Constitution Society provides links and access to a wide range of material on federalism. http://www.constitution.org/cs_feder.htm The Community Rights Counsel (CRC), a non-profit, public interest law firm based in Washington, D.C. and formed to provide assistance to state and local government attorneys in defending land use laws and environmental protections. Their Web site, Redefining Federalism, offers their position about how the Supreme Court is protecting federalism too little or too much “in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation.” http://www.redefiningfederalism.org/intro.asp Practice Tests MULTIPLE CHOICE QUESTIONS 1) In a federal system, power is distributed A) among the local governments of America. B) among the state governments. C) within the national government. D) within the state governments. E) between national and state governments. 42 2) Which of the following is a concurrent power? A) taxation B) coining money C) establishing federal courts D) regulating commerce within a state E) conducting war 3) Under the Constitution, governments are prohibited from passing A) economic regulations. B) writs of habeas corpus. C) ex post facto laws. D) revenue measures. E) block grants. 4) What question of state authority did the court address in McCulloch v. Maryland? A) The state's ability to operate their own state bank independently of the national bank. B) The state's ability to operate the national bank concurrently with the federal government. C) The state's ability to place a tax on the national bank. D) The state's ability to appoint managers to the national bank. E) The state's ability to forbid the operation of a national bank within its borders. 5) The Gibbons case arose out of a dispute between NY and NJ over control of what river? A) Hudson B) Mohawk C) Susquehanna D) Potomac E) Penobscot 6) "The power to tax is the power to destroy" comes from A) Alexander Hamilton's essay in The Federalist Papers. B) Thomas Paine's The Crisis. C) John Marshall's opinion in McCullough v. Maryland. D) John Marshall's opinion in Gibbons v. Ogden. E) James Madison's essay in The Federalist Papers. 7) The belief that having separate and equally powerful levels of government is the best arrangement is called A) the full faith and credit doctrine. B) the doctrine of implied powers. C) confederation. D) dual federalism. E) the emancipation doctrine. 8) The Sixteenth Amendment made the ________ possible. A) national sales tax B) national import tax C) state sales tax D) state property tax E) national income tax 43 9) The Supreme Court had initially overturned a series of New Deal programs. However, in 1937 it reversed course and permitted most New Deal programs to stand. What precipitated this reversal? A) the improving economic conditions B) the increased participation of city government in federal affairs C) the imminent threat of war with Germany and Japan D) the Roosevelt court-packing plan E) the success of the Great Society program 10) What type of federalism is metaphorically referred to as “marble cake” federalism? A) cooperative federalism B) competitive federalism C) mixed federalism D) subterranean federalism E) dual federalism 11) Which of the following agreements is most likely to be made by someone who favors increased federal government dominance in environmental protection? A) Environmental protection is not always a priority for Congress and the president. B) States should be able to establish stricter environmental standards than the federal government mandates. C) Each state should be able to decide the importance its residents place on environmental protection. D) It is too much burden for businesses to meet a host of different standards established by different states. E) Pollution is fundamentally a local problem. 12) Which president pioneered the use of grants to achieve federal government goals? A) FDR B) LBJ C) Carter D) Nixon E) Reagan 13) After the New Deal, the next major effort to use significant national government resources to remedy societal problems was A) Harry S. Truman's "War for the Middle Class." B) Dwight Eisenhower's "Master Plan." C) John F. Kennedy's "Ask What Your Country Can Do For You" initiative. D) Lyndon B. Johnson's "Great Society" program. E) Jimmy Carter's "Compassionate Country" program. 44 14) What did Ronald Reagan have in mind when he advocated for New Federalism? A) The national government should return power to the states. B) The national government should expand its powers by aggressively using the commerce clause. C) The national government should regulate economic conditions, but state governments should determine social policies. D) States should shoulder a greater burden of paying for Congressional mandates. E) A return to the relationship between the national government and the state governments that existed during the Great Society program. 15) The September 11, 2001 terrorist attacks have had what impact on federal power? A) Federal power has declined. B) Federal power increased at first, but declined substantially in subsequent years. C) Federal power has stopped. D) The attacks had no noticeable impact on federal power. E) Federal power has increased. 16) Newt Gingrich's plan to call for national debate on the federal/state relationship, with an emphasis on shifting power back to the states, was called A) Contract on the USA B) War on Poverty C) The New Deal D) Contract With America E) The Great Society 17) The practice of the federal government overriding state or local governments in specific policy domains is called A) subordination. B) preemption. C) confiscation. D) mediation. E) fiscal federalism. 18) Some have noted a recent Supreme Court trend towards giving authority to the states. This is what Mario Cuomo had called “judicial federalism.” One example of judicial federalism is evident in A) Webster v. Reproductive Health Services. B) Marbury v. Madison. C) Roe v. Wade. D) Plessy v. Ferguson. E) McCulloch v. Maryland. 19) How did colleges respond to the 2007 shootings at Virginia Tech? A) Colleges allowed students to carry guns to class. B) Colleges set up emergency text-message alert systems. C) Colleges routinely discharge students who show signs of mental illness. D) Colleges fenced in their campuses to control access to outsiders. E) Colleges set up procedures to make sure that student information remains private. 45 20) In U.S. v. Lopez, the Supreme Court A) restrained Congress’s use of the commerce power. B) expanded Congress’s use of the commerce clause. C) overturned the use of judicial review by federal courts. D) declared that federal preemption was unconstitutional. E) declared that the privileges and immunities clause supersedes the supremacy clause. TRUE/FALSE QUESTIONS 1) In the immediate aftermath of Hurricane Katrina, various federal, state, and local government agencies worked together like a well-oiled machine. 2) In a unitary system, the national government draws its power from the people. 3) Congress’s implied powers are linked with its enumerated powers. 4) The supremacy clause of the Constitution mandates that state laws supersede national laws. 5) Whether same-sex marriages performed in one state are valid in another state will likely depend on how the Supreme Court interprets the full faith and credit clause of the Constitution. 6) In McCulloch v. Maryland, the Supreme Court ruled that the commerce clause increases the authority of states. 7) The New Deal was a package of policies introduced by the Roosevelt administration to remedy the Great Depression through federal action. 8) After Roosevelt unveiled his court-packing plan, the Supreme Court upheld most of the New Deal programs. 9) Metaphorically, cooperative federalism is similar to a layer cake. 10) Although George W. Bush seemed to support a reduced role for the federal government while on the campaign trail, the scope and power of the federal government increased substantially during his administration. ESSAY AND SHORT ANSWER QUESTIONS 1) What is a federal system, and how does it differ from other systems of government? 2) Explain the doctrine of implied powers and its implications. 3) How does the supremacy clause affect American federalism? 4) Why do states enter into interstate compacts? 5) Explain the Supreme Court's decision in Dred Scott v. Sandford. 46 6) Explain how the Supreme Court addressed the constitutionality of the New Deal programs. 7) How does the aftermath of Hurricane Katrina underscore some of the potential pitfalls of a federal system? 8) Explain and compare the influence of the enumerated powers, the necessary and proper clause, and the Tenth Amendment on the nature of American federalism. 9) What were the issues involved in McCulloch v. Maryland and Gibbons v. Ogden? What are the significances of these decisions for understanding the nature of American federalism? Compare and contrast these two cases. 10) What was the New Deal? How did the Supreme Court react to Roosevelt's New Deal programs? How did it affect the nature of American federalism? 47 48 CHAPTER 4 CIVIL LIBERTIES Chapter Goals and Learning Objectives Imagine this: The federal government wants to listen to your private phone calls whenever it wants. Under some circumstances, it says it should be able to seize and hold you indefinitely, without charges or the ability to see your family, and without the ability to consult with an attorney. The government wants to examine your reading and viewing habits by scrutinizing library records and your Internet searches. Is all of this okay with you? These are not simply hypothetical questions to examine in an academic setting. The government has been engaged in these activities over the past few years. And the reasons given by officials all center on national security following September 11, 2001. The "war on terror" has led to scores of measures that many lawyers, scholars, judges and citizens argue violate Americans’ civil liberties. Civil liberties are the individual rights and freedoms listed in the Bill of Rights that the federal government cannot abridge. Civil liberties protect citizens from excesses of the government and from the tyranny of the majority. They place limits on the power of government to restrain or dictate how people may act, speak, and exercise their beliefs. The civil liberties we possess, however, are not absolute nor are these liberties simple to explain and understand. They are interpreted and reinterpreted by the Supreme Court and common practice over time. The liberty interests guaranteed by the Bill of Rights originally were designed to protect citizens only from the national government. Subsequently, following the adoption of the Fourteenth Amendment and through the use of the doctrine of selective incorporation, the Supreme Court passed most of the Bill of Rights protections onto the states, thus protecting citizens from their state governments as well as the federal government. The Supreme Court tries to balance rights between competing interests. For example, the Court has generally ruled that your right to free speech ends when you incite a riot that would cause immediate physical harm to others. Here the Court balances an individual’s right with the rights of the public at large. Each liberty interest faces a similar balancing act in its interpretation. In the age of terrorism, when many in government argue that civil liberties are secondary in importance behind national security, the balancing act becomes even more difficult. In this chapter, we explore what the government may and may not do and which interests are being balanced at a given time. This chapter is designed to inform you about the individual rights and freedoms granted to you by the Bill of Rights. The main topic headings of the chapter are: Roots of Civil Liberties: The Bill of Rights First Amendment Guarantees: Freedom of Religion First Amendment Guarantees: Freedom of Speech, Press, Assembly, and Petition The Second Amendment: The Right to Keep and Bear Arms The Rights of Criminal Defendants The Right to Privacy Toward Reform: Civil Liberties and Combating Terrorism 49 In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the Bill of Rights and the reasons for its addition to the Constitution and the eventual application of most of the provisions of the Bill of Rights to the states via the incorporation doctrine the meaning of the First Amendment's guarantee of freedom of religion in the establishment clause and free exercise clause the meaning of the First Amendment's guarantees of freedom of speech, press, and assembly the interpretation and controversy over the Second Amendment and the right to bear arms the rights of the accused or criminal defendant's rights in the Fourth, Fifth, Sixth, and Eighth Amendments and how the U.S. Supreme Court has expanded and contracted those rights the meaning of the right to privacy and how it has been interpreted by the Court how measures by the government to combat terrorism have affect civil liberties in the United States Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. D.C. v. Heller (2008)— civil liberties— civil rights— civil liberties and the judiciary— Roots of Civil Liberties: The Bill of Rights consideration of a bill of rights at the Constitutional Convention— George Mason— 50 the concerns of the Anti-Federalists— Congress sends the proposed Bill of Rights to the states for ratification— Bill of Rights ratified when? Bill of Rights— Ninth Amendment— Tenth Amendment— The Incorporation Doctrine: The Bill of Rights Made Applicable to the States Barron v. Baltimore (1833)— 14th Amendment (1868)— due process clause— substantive due process— rare interferences with state power— Gitlow v. New York (1925)— incorporation doctrine— Near v. Minnesota (1931)— Selective Incorporation and Fundamental Freedoms selective incorporation— The Selective Incorporation of the Bill of Rights (Table 5.1)— Palko v. Connecticut (1937)— First Amendment Guarantees: Freedom of Religion Framers’ concerns regarding religious freedom— Article VI of U.S. Constitution, "no religious test"— First Amendment— establishment clause— 51 free exercise clause— guarantees not absolute— The Establishment Clause Thomas Jefferson and wall of separation— government accommodation of religion— Engel v. Vitale (1962)— Lemon v. Kurtzman (1971)— three-part Lemon test for establishment issues: 1) 2) 3) Supreme Court cases signaling its willingness to lower the wall further— Supreme Court cases involving aid to religious schools— Supreme Court school prayer cases in 1992 and 2000— 2005 Supreme Court establishment clause case upholding Lemon test with regard to a display of the Ten Commandments in a courthouse— The Free Exercise Clause free exercise clause— where the right to free exercise of religion is not absolute— Politics Now How Far Can Protester Go?— (Employment Division, Dept. of Human Resources of Oregon v. Smith) 1990 case involving the use of peyote in Native American religious services— Religious Freedom Restoration Act— (Gonzales v. O Centro Espirita Beneficente Uniao Do VegetalI) 2006 case involving use of hallucinogenic hosaca tea in religious services— 52 First Amendment Guarantees: Freedom of Speech, Press, Assembly and Petition Congressional criticism of media content— Freedom of Speech and Press free exchange of ideas and democracy— First Amendment protection of speech and press— Supreme Court’s protection of thoughts, actions, and words— The Alien and Sedition Acts— prior restraint— John Adams, Thomas Jefferson and the Alien and Sedition Acts— slavery, the Civil War, and rights curtailment— states and free speech— prohibitions against publication of information or support for slavery— prohibitions against publication of anti-slavery material— President Abraham Lincoln and unconstitutional laws restricting speech and press freedom during Civil War— state sedition prosecutions after the Civil War— hostility toward Socialists and Communists in twentieth century— state laws punishing seditious speech by end of World War I— Gitlow v. New York (1925)— World War I and anti-governmental speech— Espionage Act of 1917— Schenck v. U.S. (1919)— clear and present danger test— Brandenburg v. Ohio (1969)— direct incitement test— 53 "imminent lawless action"— Protected Speech and Publications prior restraint— New York Times v. United States (1971)— Nebraska Press Association v. Stuart (1976)— symbolic speech— Justice John Marshall Harlan on symbolic speech— Stromberg v. California (1931)— Tinker v. Des Moines Independent Community School District (1969)— burning the American flag (see Chapter 2)— hate speech, unpopular speech, and speech zones— R.A.V. v. City of St. Paul (1992)— 2003 Supreme Court case on cross burning— free speech zones— Unprotected Speech and Publications libel and slander— libel— slander— New York Times v. Sullivan (1971)— actual malice— fighting words— Chaplinsky v. New Hampshire (1942)— obscenity— Miller v. California (1973) and the Miller test to define obscenity— Roth and community standards— 54 Congress and obscenity— U.S. v. Williams (2008) and the Protect Act— Freedoms of Assembly and Petition DeJonge v. Oregon (1937)— The Second Amendment: The Right to Keep and Bear Arms standing armies and the requirement to bear arms in colonial times— Second Amendment— Chief Justice Roger B. Taney comment on right to bear arms in Dred Scott (1857)— U.S. v. Miller (1939)— District of Columbia v. Heller (2008)— Brady Bill— 1994 ban on assault weapons— The Rights of Criminal Defendants writs of habeas corpus— Article I prohibitions on ex post facto laws— Article I prohibitions on bills of attainder— the Fourth, Fifth, Sixth, and Eighth Amendments— due process rights (also known as procedural guarantees, rights of defendants)— The Fourth Amendment and Searches and Seizures Fourth Amendment— purpose of the amendment— 55 Supreme Court has interpreted the Fourth Amendment, over the years, to allow the police to search: 1)— 2)— 3)— warrantless searches— stop and frisk standard— reasonable suspicion— where searches require probable cause— searches based on consent— search situations where no arrest occurs— searches and bodily privacy (in removal of bullets, in drunk driving situations)— firefighters and warrants— open fields doctrine— vehicle searches— 2002 border patrol officer case and "standard less than probably cause brief investigatory stops" of vehicles— drug testing and search and seizure issue— 1989 Supreme Court ruling regarding drug and alcohol testing of employees involved in accidents— 1995 Court ruling on random drug testing of public high school athletes— 2002 Court ruling on mandatory drug testing of high school students participating in any extracurricular activities— The Fifth Amendment: Self-Incrimination and Double Jeopardy Fifth Amendment— self-incrimination— 56 use of voluntary confessions— the third degree— Miranda v. Arizona (1966)— Miranda rights— Burger Court and Miranda rights— Rehnquist Court and Miranda rights— 2003 Rehnquist Court ruling in case where defendant interrupted officers before they read him his rights— double jeopardy clause— The Fourth and Fifth Amendments and the Exclusionary Rule Weeks v. U.S. (1914)— exclusionary rule— “fruits of a poisonous tree”— Mapp v. Ohio (1961)— 1976 Supreme Court case creating the good faith exception— inevitable discovery— The Sixth Amendment and Right to Counsel Sixth Amendment— history of providing counsel to defendants too poor to hire a lawyer— Gideon v. Wainwright (1963)— Burger Court and Rehnquist Court on Gideon— 2005 Supreme Court ruling on competence of counsel— The Sixth Amendment and Jury Trials Sixth Amendment— speedy and public trial by impartial jury— 57 impartiality in trials— 1880 and 1975 Supreme Court rulings on systematic exclusion of groups— Batson v. Kentucky (1986)— 1994 Court ruling on exclusion of women from juries— Maryland v. Craig (1990)— The Eighth Amendment and Cruel and Unusual Punishment Eighth Amendment— death penalty in America— Furman v. Georgia (1972)— Gregg v. Georgia (1976)— 2000 Illinois moratorium on executions by Gov. George Ryan— 2003 commutation of death sentences by Gov. Ryan— DNA testing and executions— House v. Bell (2006)— 2006 Court ruling on death-row inmate challenges of drugs and procedures involved in lethal injections— 2008 Supreme Court case regarding whether the combination of drugs used in lethal injections constituted cruel and unusual punishment— Join the Debate: The Death Penalty— The Right to Privacy rights not enumerated specifically in the Constitution or Bill of Rights— right to privacy— Justice Brandeis and “the right to be left alone”— The Living Constitution: The Ninth Amendment— 58 Birth Control Griswold v. Connecticut (1965)— “penumbras” of the Constitution— zones of privacy— right later expanded to include unmarried individuals' access to contraceptives— importance of Griswold in later Court decisions— Timeline: The Supreme Court and the Right to Privacy— Abortion Roe v. Wade (1973)— Justice Harry A. Blackmun— three trimesters— political controversy following Roe— Webster v. Reproductive Health Services (1989)— Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)— “an undue burden”— Homosexuality Lawrence v. Texas (2003)— The Right to Die 1990 Supreme Court ruling on parents wanting to withdraw a feeding tube from their comatose daughter— 1997 Supreme Court ruling on physician-assisted suicide (Vacco v. Quill)— U.S. Attorney General John Ashcroft and Oregon assisted suicide law— Supreme Court rules that the Attorney General overstepped his authority in the Oregon case (Gonzalez v. Oregon)— 2008 assisted suicide initiative in Washington— 59 Toward Reform: Civil Liberties and Combating Terrorism "an alternate reality" after September 11, 2001— The First Amendment 2001 USA Patriot Act and the First Amendment— The Fourth Amendment the USA Patriot Act and the Fourth Amendment in four areas: 1)— 2)— 3)— 4)— judicial oversight of these new governmental powers— searches without a warrant and probably cause not required— Due Process Rights illegal incarceration and torture— 2004 Supreme Court case on detainee rights to habeas corpus— Military Commissions Act of 2006 and Bush administration arguments that alien victims of U.S. torture has significant reduced habeas corpus rights— 2008 Roberts Court decision on Military Commissions Act— black sites— Guantanamo Bay detention facility— Sixth Amendment and right to trial by jury for detainees— Eight Amendment and detainees— Geneva Convention violations— Abu Ghraib prison— December 2004 Justice department memo on torture— 60 Alberto Gonzales reversal through secret memorandum— water-boarding (see, Analyzing Visuals: Water-boarding)— resignation of Gonzales— Research Ideas and Possible Paper Topics 1) Find out if your campus has a “speech code.” (If it doesn't, find a nearby college or university with one.) Would this code stand up to a constitutional test? Why or why not? According to your understanding of the First Amendment, are speech codes constitutional? Do some research at the campus newspaper and see if there was any controversy surrounding the adoption of the speech code and discuss it in class. 2) Explore the current docket of the Supreme Court. What civil liberties issues are going to be or are being heard this term? How do you think they will be decided and why? Follow the process until the rulings are made and see if you are right. 3) Under Chief Justice Rehnquist, the Court has reduced many of the due process rights granted under the Warren and Burger Courts. Find examples of how these rights have changed and why. Has the new Roberts Court heard cases on due process issues and to what end? What has the role of public and political opinion been in these changes? 4) Call your local branch of the American Civil Liberties Union. Visit or ask for written information about their activities and issues. Find out what they do and why. Also check their Web site (see below) for information. 5) The 2003 Supreme Court decision in Lawrence v. Texas has far-reaching implications for gay rights in the United States. The Lawrence decision precipitated activity, for example, in the states and in national politics regarding same-sex marriages. What effects did the Lawrence decision have on that and other issues relating to gay rights and American politics? The issue of homosexual rights was an issue in the 2004 presidential campaign. What role did the issue play in the 2008 presidential campaign? What is the new president's position on the issue? Web Sites The Legal Information Institute of Cornell University has an excellent site that offers extensive information about civil liberties. There is a section focused on the First Amendment with definitions, historical background, Supreme Court decisions, and links to numerous First Amendment-related sites. There are also sites at LII for prisoners' rights, employment rights, and constitutional rights generally. http://www.law.cornell.edu/topics/first_amendment.html 61 American Civil Liberties Union (ACLU) offers information on the entire Bill of Rights including racial profiling, women's rights, privacy issues, prisons, drugs, etc. Includes links to other sites dealing with the same issues. http://www.aclu.org The U.S. Information Agency of the Department of State offers an annotated version of the full text of the Bill of Rights and other constitutional documents. http://usinfo.state.gov/products/pubs/constitution/amendment.htm The Cato Institute, a Libertarian think-tank, hosts a Constitution Studies page on its Web site, examining Amendments 1, 2, 4, 5, 9 and 10 as well as other constitutional issues. http://www.cato.org/ccs/issues.html PBS offers a Web site that presents the background and issues relating to Texas v. Johnson and U.S. v. Eichman, the flag-burning cases, freedom of expression cases. http://www.pbs.org/jefferson/enlight/flag.htm The Freedom Forum, based in Arlington, Virginia, is a nonpartisan foundation dedicated to the study of free press and free speech issues, with a particular focus on freedom of the press. http://www.freedomforum.org The First Amendment Center is an organization that studies and reports on First Amendment issues. Vanderbilt University hosts and operates the First Amendment Center and its Web site. http://www.firstamendmentcenter.org Americans United for Separation of Church and State monitors church-state separation issues and promotes protection of the First Amendment establishment clause in Congress and state legislatures. http://www.au.org Professor Eugene Volkh of the UCLA Law School maintains a list of links to sources on the Second Amendment. You can also click on a link to his homepage to find a list of scholarly articles he has written on the Second Amendment and other Bill of Rights issues. http://www1.law.ucla.edu/~volokh/2amteach/sources.htm The James Madison Research Library and Information Center Web site is hosted by The National Rifle Association to detail their understanding of the Second Amendment. http://www.madisonbrigade.com Fighting Terrorism/Protecting Liberty is a site by the National Association of Criminal Defense Lawyers. This site monitors the many bills in Congress and proposals by the Department of Justice to increase the powers of law enforcement in the face of terrorism. The NACDL and other organizations concerned with civil liberties track these measures to ensure the least possible intrusion on liberties consistent with protection from terrorist attacks. http://www.criminaljustice.org/public.nsf/freeform/terrorism1?OpenDocument Also from the National Association of Criminal Defense Lawyers is a Web site devoted to the fortieth anniversary in 2003 of the Supreme Court decision in Gideon v. Wainwright. http://www.nacdl.org/gideon 62 NoloPress is a commercial publisher of self-help legal information that provides a Web site that offers a tour of the ways in which the Bill of Rights attempts to ensure fair treatment for those accused of crimes by the government. http://www.nolo.com/article.cfm/objectID/6410CC94-3E8F-4A37A5F85E3348E6431F/104/143/272/ART The Center for Reproductive Rights Web site has an extensive guide to national and international legal issues dealing with abortion. http://www.crlp.org The American Life League Web site has a list of Supreme Court cases and links to information regarding the abortion issue from a pro-life position. http://www.all.org/issues.php?PHPSESSID=8dba6a130a018d4d1cd6a31d63dab2df The University of Missouri-Kansas City School of Law hosts a Web site with backgrounds of Supreme Court cases dealing with gay rights in the United States. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/gayrights.htm A Web site published by the University of Washington Libraries titled Taking Back America provides numerous links about the USA Patriot Act and threats to the liberty interests of American citizens raised by the Act. http://www.lib.washington.edu/Suzref/patriot-act/ Findlaw is a searchable database of S.C. decisions plus legal subjects, state courts, law schools, bar associations, and international law. http://www.findlaw.com Practice Tests MULTIPLE CHOICE QUESTIONS 1) The Constitution was ratified in 1789; the first ten amendments were adopted A) in 1791. B) in 1804. C) during the Great Depression. D) over the course of the next 50 years. E) over the course of the next 100 years. 2) The Supreme Court ruled that states could not ignore the free speech protections guaranteed by the Constitution in A) Near v. Minnesota. B) Gitlow v. New York. C) Palko v. Connecticut. D) Pointer v. Texas. E) Romer v. Evans. 63 3) The protection against the establishment of an official religion is found in the A) First Amendment. B) Second Amendment. C) Third Amendment. D) Fifth Amendment. E) Eighth Amendment. 4) Which of the following best describes the trend in recent Supreme Court decisions regarding the separation of church and state? A) The Supreme Court has consistently prohibited all government aid to religious schools. B) The Supreme Court has permitted school districts to continue school-sponsored prayers. C) The Supreme Court has required states to demonstrate a "compelling moral or ethical" rationale for various entanglements between church and state. D) The Supreme Court has been further increasing the separation of church and state. E) The Supreme Court has been reducing the required separation between church and state. 5) Which of the following freedoms is absolute and cannot be limited by government? A) freedom of religion B) freedom of speech C) freedom to believe D) freedom to act E) All of the freedoms listed above are absolute. 6) The judicial doctrine that government cannot prohibit speech or publication before the fact is called A) an a priori limitation. B) prior restraint. C) selective incorporation. D) the prohibition clause. E) the anti-prejudicial restriction. 7) The direct incitement test allows government to limit speech A) that will likely result in imminent lawless action. B) that criticizes the government during wartime. C) that advocates for a non-democratic form of government. D) of accused terrorists. E) that is likely to be offensive according to contemporary community standards. 8) The Pentagon Papers case demonstrates A) the Court's willingness to side with the government in times of war. B) the Court's willingness to uphold cases that border on sedition. C) the Court's intolerance of prior restraint. D) the Court's willingness to abridge freedom of the press. E) the Court's ability to shape the political agenda by interpreting the Second Amendment. 64 9) Yosemite Sam is famous for telling Bugs Bunny, “Them's fightin' words!” Can Bugs Bunny be prosecuted for uttering fighting words? A) No; freedom of speech is absolute. B) Yes, but only if Bugs knowingly makes false statements about Yosemite Sam. C) Yes, if the mere utterance of those words tend to incite an immediate breach of the peace. D) Yes, if Yosemite Sam instigated the verbal assault. E) Yes, if Yosemite Sam is exercising self defense. 10) Under U.S. v. Miller, the Supreme Court upheld restrictions on what type of weapon by saying that the 2nd Amendment protected the right to own "ordinary militia weapons"? A) Assault rifles B) So-called "sniper rifles" C) Tasers D) Concealed handguns E) Sawed-off shotguns 11) During the Civil War, Lincoln arrested newspaper editors who were critical of the way he conducted the war. This appears to violate which civil liberty? A) The right to a free press B) The right to a court determination that you are being held lawfully C) The right to refuse military service as a conscientious objector D) The right to an attorney E) The right to a jury trial 12) According to the Supreme Court, which of the following groups can be forced to undergo drug tests? A) Candidates for state office B) Welfare recipients C) High school athletes D) All federal employees E) Those pulled over for speeding 13) In 1966, the Court ruled that suspects must be apprised of their rights to remain silent in the case of A) Gideon v. Wainwright. B) Michigan v. Tyler. C) Mapp v. Ohio. D) Miranda v. Arizona. E) Weeks v. U.S. 14) “Inevitable discovery” is an exception to A) double jeopardy. B) the Miranda rights. C) the exclusionary rule. D) self incrimination. E) imminent domain. 65 15) The right to a speedy and public trial by an impartial jury is guaranteed by the ________ Amendment. A) Third B) Sixth C) Seventh D) Eighth E) Tenth 16) What was the Supreme Court’s rationale in Furman v. Georgia? A) Capital punishment is always a cruel punishment. B) Government has an obligation to protect the sanctity of all human life. C) Capital punishment was being administered arbitrarily and, therefore, created a type of cruel and unusual punishment. D) Georgia has a right to punish wrongdoers, but the federal government has an obligation to protect all of its citizens. E) The death penalty cannot be administered to those under 18 years old or to the mentally ill. 17) Where is the right to privacy enumerated in the Constitution? A) in the Second Amendment B) in the Third Amendment C) in Article I, section 8 D) in the Preamble E) The right to privacy is not specifically enumerated in the Constitution. 18) In Griswold v. Connecticut, the Supreme Court ruled that the Constitution guaranteed A) zones of privacy. B) the right to an abortion. C) free speech during wartime. D) the right to die. E) trial by a jury of your peers. 19) In Roe v. Wade, the Supreme Court found that A) an absolute right to abortion is protected by the right to privacy. B) a man has a right to prevent his wife from having an abortion if he is willing to take sole custody of the child. C) unmarried couples have the right to engage in consensual sexual activities. D) every embryo is entitled to the civil rights and liberties enumerated in the Constitution. E) a woman has the right to terminate her pregnancy under certain conditions. 20) What did the Supreme Court decide in Lawrence v. Texas? A) Abortion restrictions requiring parental consent for underage women must include judicial bypass options. B) Congress cannot restrict access to abortions. C) Because homosexuality is “immoral and repugnant” states have a compelling interest in limiting such behavior. D) States cannot criminalize consensual private sexual behavior. E) States can criminalize sodomy by heterosexual couples, but not by homosexual couples. 66 TRUE/FALSE QUESTIONS 1) In Barron v. Baltimore, the Supreme Court ruled that the Bill of Rights was intended to limit the powers of the national government, not the state governments. 2) The Court first ruled that a prayer recited in public school was unconstitutional in Engel v.Vitale. 3) Under most circumstances, government cannot exercise prior restraint of speech. 4) The first Supreme Court case dealing with symbolic speech was Stromberg v. California. 5) According to the First Amendment, government cannot prevent speech based on its content. 6) In New York Times v. Sullivan (1964), the Supreme Court made it extremely difficult for a public figure to win a libel suit. 7) The right to bear arms is guaranteed by the Third Amendment. 8) A congressional ban on assault weapons expired in 2004 and has not been renewed. 9) If new evidence comes to light after the accused has been acquitted, the courts can order a new trial if the recently discovered evidence is sufficiently compelling. 10) The Supreme Court has determined that mentally retarded convicts are eligible for the death penalty if they received a fair and public trial. ESSAY AND SHORT ANSWER QUESTIONS 1) What is the Bill of Rights and why was it added to the Constitution? 2) Compare and contrast the establishment clause and the free exercise clause. 3) What is the prior restraint doctrine? 4) What is symbolic speech? 5) What is hate speech? To what extent can government restrict it? Would you favor further restrictions? 6) Describe two different circumstances under which your property can be searched without a warrant. 7) Why were the Anti-Federalists so adamant about adding a Bill of Rights to the Constituion? Why were the Federalists resistant? In hind sight, has it been a good addition? How would you respond to those who argue that criminals have too many constitutional rights? 67 8) The First Amendment contains both the establishment clause and the free exercise clause. Discuss how the Supreme Court has interpreted these clauses and how these decisions have affected the "wall of separation" between church and state. 9) Explain the freedom of speech and freedom of the press doctrines included in the First Amendment. How has the Supreme Court interpreted its meanings? 10) How has the Supreme Court interpreted the Second Amendment? Do you agree with their interpretation? Why or why not? 68 CHAPTER 5 CIVIL RIGHTS Chapter Goals and Learning Objectives “Civil rights” concern the positive acts that governments take to protect certain classifications of individuals against arbitrary or discriminatory treatment. The Framers were more concerned with creating a new, workable, and enduring form of government than with civil rights. The Fourteenth Amendment introduced the idea of equal protection of the laws and has generated more litigation to determine and specify its meaning than any other constitutional provision. This chapter explores how African-Americans, women, and other disadvantaged political groups that have been historically and systematically denied their liberty interests, have drawn ideas, support, and success from one another in the quest for equality under the law. This chapter presents information that may be much more than intellectually interesting to you. You may have been the victim of arbitrary or discriminatory treatment because of your race, gender, national origin, religion, age, sexual orientation, or disability. How do you obtain protection of the civil rights laws of the nation or your state? What, indeed, are your rights under the law and where do you turn to for protection? This chapter is designed to inform you about the struggle of women and minorities for civil rights and the privileges of citizenship, including equal protection of the laws and voting rights, and is designed to inform you of how one can seek protection of one’s civil rights under the law. The main topic headings of the chapter are: Roots of Suffrage: 1800-1890 The Push for Equality, 1890-1954 The Civil Rights Movement The Women’s Rights Movement Other Groups Mobilize for Rights Toward Reform: Civil Rights, Affirmative Action, and Pay Equity In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of suffrage—slavery, abolition, and winning the right to vote from 1800 to 1890 the push for equality by African-Americans and women from 1885 to 1954, using the Supreme Court’s decisions in Plessy v. Ferguson (1896) to Brown v. Board of Education of Topeka, Kansas (1945) as benchmarks 69 the civil rights movement as well as the Civil Rights Act of 1964 and its facilitation and effects the development of a new women's rights movement and the effort to create an equal rights amendment to the U.S. Constitution efforts of other groups to expand the definition of civil rights further such as Native Americans, Hispanic-Americans, gays and lesbians, and disabled Americans, to mobilize for rights using methods borrowed from the struggles of African-Americans and women efforts to reform civil rights, affirmative action, and pay equity Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. Civil Rights Act of 1964— Civil Rights Division of the Department of Justice— Civil Rights Division in the George W. Bush administration— enforcement of the Voting Rights Act during George W. Bush administration— civil rights— civil war amendments— Fourteenth Amendment— Roots of Suffrage: 1800-90 Slavery and Congress conflict over admission of new states with free or slave states— Missouri Compromise of 1820— The First Civil Rights Movements: Abolition and Women’s Rights William Lloyd Garrison— abolitionist movement— American Anti-Slavery Society— 70 Frederick Douglass— Elizabeth Cady Stanton and Lucretia Mott— Seneca Falls Convention (1848)— The 1850s: The Calm Before the Storm Uncle Tom's Cabin (1852)— Dred Scott v. Sandford (1857)— The Civil War and its Aftermath: Civil Rights Laws and Constitutional Amendments Civil War— Emancipation Proclamation— Thirteenth Amendment— The Living Constitution: Thirteenth Amendment— Black Codes— Civil Rights Act of 1866— congressional override of President Andrew Johnson's veto— Fourteenth Amendment— due process clause of Fourteenth Amendment— privileges and immunities clause of Fourteenth Amendment— failure to provide for women's suffrage— Fifteenth Amendment— National Woman Suffrage Association— National Woman Suffrage Association— Civil Rights, Congress, and the Supreme Court Civil Rights Act of 1865— Jim Crow Laws— 71 Civil Rights Cases (1883)— three ways Southern states excluded African-Americans from the vote after the Civil War Amendments: 1) poll taxes— 2) property-owning qualifications— 3) literacy tests— grandfather clause— women suffer discrimination— The Push for Equality, 1890-1954 The Progressive Era— Plessy v. Ferguson (1896)— separate but equal doctrine— segregation system expanded— The Founding of the Key Groups Oswald Garrison Villard— NAACP— National American Woman Suffrage Association— Niagara Movement— suffrage movement— Nineteenth Amendment— women’s movement through the 1960s— Litigating for Equality turning to the federal courts— Lloyd Gaines case of 1938— NAACP Legal Defense and Educational Fund— 72 Thurgood Marshall— the Sweatt and McLaurin cases of 1950— amicus curiae briefs— attacking the separate-but-equal doctrine— Brown v. Board of Education of Topeka, Kansas (1954)— equal protection clause— Black Monday— The Civil Rights Movement how our notion of civil rights has changed since Brown decision— School Desegregation After Brown Brown v. Board of Education II (1955)— Governor Orval Faubus— Little Rock Central High School— Cooper v. Aaron (1958)— A New Move for African-American Rights Rosa Parks— Montgomery Bus Boycott— Dr. Martin Luther King, Jr.— Formation of New Groups Southern Christian Leadership Council (SCLC)— Student Nonviolent Coordinating Committee (SNCC)— freedom rides— nonviolent demonstrations— march on Birmingham— 73 Emmett Till murder— Analyzing Visuals: Police Confront Civil Rights Demonstrators in Birmingham— The Civil Rights Act of 1964 first significant civil rights legislation passed since the post-Civil War era— 1963 law banning discrimination in public accommodations— March on Washington, August 1963— “I Have A Dream” speech— President Lyndon B. Johnson— Senator Strom Thurmond— Elements of Civil Rights Act of 1964: 1) 2) 3) 4) 5) 6) experience of African Americans in the North— Malcolm X— assassination of Dr. Martin Luther King, Jr.— The Women's Rights Movement several reasons for a separate women’s rights movement— Litigation for Equal Rights paternalistic attitudes toward women— 1961 President’s Commission on the Status of Women and its 1963 report titled American Women— 74 The Feminine Mystique— Equal Pay Act of 1963— Equal Opportunity Employment Commission (EEOC)— National Organization of Women (NOW)— movement for full equality for women and opposition to it— Equal Rights Amendment (ERA)— ratification record on ERA— Women's Equality Amendment— The Equal Protection Clause and Constitutional Standards of Review Fourteenth Amendment and equal protection— levels of equal protection scrutiny— suspect classification— strict scrutiny— The Equal Protection Clause and Standards of Review (Table 5.1)— Supreme Court cases on equal protection in the 1960s and 1970s— Reed v. Reed (1971)— Craig v. Boren (1964)— intermediate standard of review— 75 practices which have been found to violate the Fourteenth Amendment: 1) 2) 3) 4) 5) 6) governmental practices and laws upheld by the Court: 1) 2) crucial nature of the level of review used by the Court— Statutory Remedies for Sex Discrimination Equal Pay Act of 1963— key victories under Title VII of the Civil Rights Act: 1) 2) 3) 4) Title IX of the Civil Rights Act— Other Groups Mobilize for Rights Hispanic Americans largest and fastest growing minority group in the U.S.— LULAC— patterns of immigration— 76 Hernandez v. Texas (1954)— push for greater Hispanic rights in the mid-1960s— National Council of La Raza— Cesar Chavez— United Farm Workers Union— MALDEF— MALDEF and Voting Rights Act— San Antonio Independent School District v. Rodriquez (1973)— other public school discrimination cases— other areas of MALDEF litigation and lobbying— Latino groups’ response to efforts proposing crack-down on illegal immigration— American Indians the first true Americans— American Indian numbers since Europeans arrived in 1400s— Indian begin to mobilize in 1960s— NARF— land rights and casinos— American Indians and legal and political victories— Indigenous Democratic Network (INDN)— Asian and Pacific Americans Pan-Asian identity— 1977 decision by U.S. government on nomenclature— history of discrimination again Asian and Pacific immigrants— Yick Wo v. Hopkins (1866)— 1922 Supreme Court decision on rights of Asian and Pacific islanders— 77 FDR's Executive Order 9066— Korematsu v. U.S. (1944)— Asian and Pacific Americans in 1970s and 1980s organize for equal rights— Congress Education Project— Japanese Americans work for World War II reparations— Civil Liberties Act of 1988— Gays and Lesbians Lambda Legal Defense and Education Fund— “Don't Ask, Don't Tell” policy— Romer v. Evans (1996)— Lawrence v. Texas (2003)— 2003 Massachusetts Supreme Court ruling on gay marriage— 2004 election and same-sex marriage issue— 2008 California and Connecticut legalizes same-sex marriage— same-sex marriage ban passed in California in November of 2008— Politics Now: Gay and Lesbian Rights— Americans with Disabilities history of efforts to ban discrimination against Americans with disabilities— Americans with Disabilities Act (ADA) of 1990— the cumulative effect of four 1999 Supreme Court cases on the ADA— Tennessee v. Lane (2004)— Ideas Into Action: Accommodating College Students with Disabilities— American Association of People with Disabilities (AAPD)— Not Dead Yet— 78 Toward Reform: Civil Rights, Affirmative Action, and Pay Equity areas of continued discrimination— Affirmative Action equality of opportunity versus equality of results— affirmative action— Reagan administration opposition to affirmative action— Regents of the University of California v. Bakke (1978)— five Supreme Court decisions in 1989 limiting affirmative action and plaintiffs’ employment discrimination cases— Civil Rights Act of 1991— Grutter v. Bollinger (2003)— new era in affirmative action— Pay Equity and Other Issues of Workplace Discrimination Wal-Mart discrimination against women— Join the Debate: Determining a Living Wage— 2007 Supreme Court case on pay equity for female supervisor at tire factory— Wal-Mart discrimination against Hispanic immigrants— Research Ideas and Possible Paper Topics 1) Look at the current Supreme Court docket. What civil rights cases do you see? What are their constitutional arguments, and how do they differ from the cases the book discusses in the 1950s, 60s and 70s? 2) The use of amicus curiae briefs has increased dramatically in the last several decades and many people now argue that public opinion plays a role in Supreme Court decisions. Analyze and discuss these two issues. How would you characterize the role of such influence in civil rights cases? 79 3) Examine the controversial issue of same-sex marriages and research it. What constitutional issues are used, what arguments, etc.? What position has the Roberts Court taken on this issue? The same-sex marriage issue played a significant role in the 2004 presidential campaign. What role did it play in the 2008 presidential election campaign? What positions did the Democratic Party and the Republican Party take on the issue in their national political platforms? 4) Look at the current Supreme Court. Do some biographical and case research on each of the nine justices in the area of civil rights. Build a typography (classify the judges into groups of like-minded individuals) on how the current justices rule on civil rights. (Example: The simplest typography would be liberal—moderate—conservative. But be sure to define each of those categories. A more complex system would provide better analysis of the Court.) What has been the impact of the two newest members, Roberts and Alito? What do you believe would be the impact of President Obama's appointments to the Court based on Obama's positions on civil rights issues? 5) Congress also plays a role in civil rights. Do some research to determine what types of civil rights issues Congress has been dealing with in the last four years. What are the separate roles of Congress and the courts in civil rights? Web Sites The Civil Rights Division, U.S. Department of Justice Web site offers an overview of the activities and programs of the DOJ on civil rights as well as links to documents, legislation, cases, and the Civil Rights Forum Newsletter. http://www.usdoj.gov/crt/crt-home.html U.S. Commission on Civil Rights is a bipartisan, fact-finding agency established within the executive branch. Their Web site offers news releases, publications, a calendar of events, and multimedia coverage of civil rights events. http://www.usccr.gov The Legal Information Institute of Cornell University has an excellent site that offers extensive information about the legalities and definitions of civil rights. It begins with a prose definition of a civil right and includes links to U.S. Government laws, state laws, Supreme Court rulings, international laws on civil rights, and more. http://www.law.cornell.edu/topics/civil_rights.html The National Association for the Advancement of Colored People (NAACP) Web site offers information about the organization, membership, and issues of interest to proponents of civil rights. http://www.naacp.org 80 The Southern Poverty Law Center (SPLC) is a nonprofit group dedicated to fighting hate and intolerance. Their Web site includes information on the center and their activities including a program titled “Teaching Tolerance,” the Klanwatch, and Militia Task Force. They also have a state-by-state listing of “hate incidents.” http://www.splcenter.org The National Organization of Women (NOW) Web site offers information on the organization and its issues/activities, including women in the military, economic equity and reproductive rights. They offer an e-mail action list and the opportunity to join NOW online. Also has links to related sites. http://www.now.org The Mexican-American Legal Defense and Education Fund (MALDEF) Web site offers information on scholarships, job opportunities, legal programs, regional offices information, and more. http://www.maldef.org The Native American Rights Fund (NARF) Web site offers profiles of issues, an archive, resources, a tribal directory, and treaty information as well as a lot of other information. http://www.narf.org 80-20 Initiative is a nonprofit group working to further civil rights for Asian-Americans. Its Web site presents information related to legal and political issues central to the organization's activities. http://www.80-20initiative.net America with Disabilities Act (ADA) offers information on this legislation and rights of the disabled. http://www.usdoj.gov/crt/ada/adahom1.htm EthnicMajority.com is a Web site promoting equal rights and opportunities for African-, Latino- and Asian-Americans. Its page on affirmative action gives extensive background on the issue and numerous links to organizations promoting and protecting affirmative action. http://www.ethnicmajority.com/affirmative_action.htm The Council on American-Islamic Relations offers a Web page detailing discrimination problems facing Islamic Arab American citizens as a result of 9/11 and the war on terror. http://www.cair.com/Home.aspx The Anti-Defamation League's Web site on civil rights focuses on several issues, including anti-Semitism. http://www.adl.org/civil_rights The Legal Information Institute of Cornell University has an excellent site that offers extensive information about the legalities and definitions of employment discrimination law. It begins with a prose definition of employment law and includes links to U.S. government laws, state laws, Supreme Court rulings, and more. http://www.law.cornell.edu/topics/employment_discrimination.html 81 Findlaw is a searchable database of legal issues, court decisions, legal subjects, state courts, law schools, bar associations, and international law. http://www.findlaw.com Practice Tests MULTIPLE CHOICE QUESTIONS 1) The Missouri Compromise of 1820 A) abolished all slavery. B) contained slavery to south of 36 degrees latitude. C) was opposed by the Anti-Slavery Society. D) allowed freedmen to go to Liberia. E) required Missouri to become a free state. 2) What was Uncle Tom's Cabin about? A) the need for westward expansion B) manifest destiny C) women's rights D) school bussing E) slavery 3) The World Anti-Slavery Society refused to A) admit Fredrick Douglass as a member. B) admit more than 200,000 members. C) given women an equal role in their meetings. D) react to the Missouri Compromise. E) Choices C and D are both correct. 4) The Seneca Falls Convention was A) called to draw additional attention to slavery. B) called to help implement the Missouri Compromise. C) held prior to the World Anti-Slavery Society Meeting. D) held to discuss the civil and political rights of women. E) actually held in the city of New York. 5) The Emancipation Proclamation A) freed all slaves. B) limited slave ownership in the North. C) limited slave ownership in the West. D) pardoned southerners who fought against the Union. E) freed all slaves in the Confederacy. 82 6) In a series of five cases known collectively the Civil Rights Cases (1883), the Supreme Court A) beefed up enforcement of federal civil rights laws. B) struck down the Thirteenth Amendment. C) expanded the interpretation of the Fourteenth Amendment. D) limited the scope of the Civil Rights Act of 1875. E) adopted the Fifteenth Amendment. 7) In the years after the Supreme Court's decision in Plessy v. Ferguson, public accommodations in the South were largely A) segregated and equal. B) segregated and unequal. C) integrated and equal. D) integrated and unequal. E) separate and equal. 8) During the 1930s, the NAACP decided it was time to launch a challenge to the precedent set by Plessy. To do so, they used a strategy of A) litigation. B) strikes. C) protests. D) boycotts. E) constitutional amendments. 9) Brown v. Board of Education overturned A) Plessy v. Ferguson. B) Sweatt v. Painter. C) Missouri v. Gaines. D) McLaurin v. Oklahoma. E) Austin v. Rosemary. 10) What was the goal of the Montgomery bus boycott? A) ending segregation on public transport B) the immediate release of Rosa Parks from the Montgomery jail C) voting rights for African Americans D) more money for black schools E) an end to all forms of integration 11) The Civil Rights Act of 1964 A) prohibited discrimination in public accommodations engaged in interstate commerce. B) guaranteed full voting rights to all legal U.S. residents. C) provided federal funds to discriminatory state and local programs. D) prohibited employment discrimination on the basis of sexual orientation. E) All of the above. 83 12) Among the more popular arguments against the proposed ERA were that I. it would make women eligible for the draft. II. it was narrowly passed in each house of Congress. III. husbands would no longer be responsible for supporting their wives. IV. the public was largely against it. A) I and II B) II and III C) II and IV D) I and IV E) I and III 13) In Craig v. Boren, the issue at stake was A) single-sex public schools. B) different drinking ages for men and women. C) that only women were allowed to receive alimony. D) that women could be barred from jury service. E) consensual sodomy. 14) MALDEF is a civil rights group that tends to litigation in a wide range of areas of concern to A) blacks. B) Anglos. C) Native Americans. D) Hispanics. E) Caucasians. 15) Which group was founded for the purpose of propelling more Native Americans to elective office? A) Lambda Legal Defense Fund B) Legal Defense Fund for the American Indian C) Native American Rights Fund D) Equal Opportunity Employment Commission E) Indigenous Democratic Network 16) Same-sex marriages are A) legal in Massachusetts and California. B) illegal in all fifty states. C) the same as civil unions. D) supported by strong majorities of the public. E) legal in about one-third of the states. 17) What does the Americans with Disabilities Act require? A) workplace accommodations for disabled Americans B) generous government stipends for all disabled Americans C) at least 5 percent of all state legislative seats must be held by disabled Americans D) at least 5 percent of all congressional seats must be held by disabled Americans E) All of the above. 84 18) Prospective employees in which of the following professions would receive the least protection under the Americans with Disabilities Act? A) Lawyers B) Teachers C) Pilots D) Coaches E) Public Servants 19) Among reasons given against affirmative action are that I. it is wrong to use labels to help particular groups. II. laws should be neutral or colorblind. III. compensatory governmental actions to help previously discriminated groups should be employed IV. quota systems are a necessary remedy for past discrimination. A) I and II B) II and IV C) I, II, and III D) II, III, and IV E) I and III 20) The first major affirmative action case heard by the Supreme Court was A) Defunis v. Odegaard. B) Regents of the University of California v. Bakke. C) Tennessee v. Lane. D) Brown v. Board of Education. E) Grutter v. Bollinger. TRUE/FALSE QUESTIONS 1) The struggle for civil rights is not limited to the court system. 2) The Missouri Compromise of 1820 eliminated tensions over slavery. 3) Most of the former Confederate states passed Black Codes to restrict opportunities for newly freed slaves. 4) The privileges and immunities of citizenship are guaranteed by the Fifteenth Amendment. 5) Federal occupation of the South following the Civil War ended in 1877. 6) In Plessy v. Ferguson, a majority of the Supreme Court argued that the Constitution should be colorblind. 7) The Nineteenth Amendment guarantees women the right to vote. 8) The Supreme Court determined that the accommodations initially made for Lloyd Gaines, H.M. Sweatt, and George McLaurin were acceptable. 85 9) Brown v. Board of Education is considered by many to be the most important civil rights case of the twentieth century. 10) Only African Americans participated in freedom rides. ESSAY AND SHORT ANSWER QUESTIONS 1) How did the Civil Rights Division of the Department of Justice operate during the George W. Bush administration? 2) Define civil rights and discuss their constitutional bases. 3) What were Jim Crow laws? 4) What is the significance of the Niagara Movement? 5) Who was Rosa Parks? 6) When deciding equal protection cases, what sort of classifications are entitled to strict scrutiny? 7) With regard to civil rights, discuss the 1944 Supreme Court case of Korematsu v. U.S. Do you agree with the Court’s ruling? Why? 8) Compare the struggle for African American civil rights with the struggle for women’s rights. 9) The NAACP chose to use a litigation strategy to achieve desegregation and equal rights. How did they implement this strategy, and what were their other choices? 10) What nonviolent strategies did the Student Nonviolent Coordinating Committee (SNCC) and other organizations use in their efforts to expand civil rights? 86 CHAPTER 6 CONGRESS Chapter Goals and Learning Objectives Since our country’s earliest days, a national Congress has existed in one form or another. First, the Continental Congress represented the colonies, and it had little to no authority over them. Then, the states were represented in Congress under the Articles of Confederation, a national legislature that had just a few more powers than the Continental Congress over the colonies. Article I of the Constitution, however, vested the governing powers of the United States squarely in the hands of “the first branch of government,” Congress. Indeed, Congress alone was given the power to create legislation, control the purse, declare war, raise an army, control commerce as well as other national governing authority under Article I, section 8. The United States had no president under its early government until the adoption of the new Constitution. And even under the new Constitution, the chief executive came in second place (Article II). Despite a balance of powers among the three branches of government, Congress was first among equals. Today, the president of the United States is first among equals. Structurally under the Constitution, the powers of Congress have not been diminished. However, few would argue today that the president of the United States stands preeminent over the Congress in many ways. Yet, through much of our history as a nation, the reverse was true: Congress was preeminent over the presidency. Today, the president is, in terms of real and perceived power, the chief policymaker of the country. What changed over the course of our history regarding Congress? Why can virtually all Americans readily name the president, but few can identify their own representatives in Congress? The Congress of the United States consists of the House of Representatives and the Senate. It enacts our federal laws and sets the federal budget. Members of Congress work to represent their states and districts within their states. Individually, each member of Congress shares power with his or her colleagues. As a body, Congress, the institution, makes laws and policy. Individually, its members work to better the conditions of their states and districts. The Congress is organized along political party lines and the party in the majority in the House and in the Senate has enormous power to set and control its operations and agenda. The Republican-controlled House during the first six years of George W. Bush’s presidency, along with the Senate under Republican control for most of those six years, gave the Republican president numerous political victories. With the election in 2006 of a Democratic majority in the House and the Senate, the direction Congress took changed significantly. The 2008 elections increased the Democratic majorities in the House and Senate which, along with the Democratic administration of President Barack Obama, has enabled the adoption of a more liberal national agenda than what was possible after Democrats achieved a majority in Congress in 2006. It is important to understand the role of Congress and its members, how the Congress goes about its business, the extent of its constitutional powers, and how it interacts with the president. This chapter discusses how Congress is organized, how it makes laws as a body, how the individual members of Congress make decisions, how the relationship between Congress and the executive branch works. 87 This chapter is designed to inform you about the institution of Congress. The main topic headings of the chapter are: Roots of the Legislative Branch of Government How Congress Is Organized The Members of Congress How Members Make Decisions The Law-Making Function of Congress Toward Reform: Congressional Checks on the Executive and Judicial Branches In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc., are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of Congress, the legislative branch of government how Congress is organized, and how the differences between the House and the Senate affect the legislative process how members of Congress are elected and what they do how members of Congress make decisions and what factors influence those decisions the law-making function of Congress how members of Congress make decisions reform efforts and congressional checks on the other two branches of government -the executive and judicial Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. Nancy Pelosi— the Framers’ original concept of Congress’s representational function— the dual role Congress plays— 88 The Roots of the Legislative Branch of Government Article I of the Constitution— the Great Compromise— bicameral legislature— requirements for membership in the House and Senate— term of office for Senators and staggered election— how Senators are elected under Article I— Seventeenth Amendment— term of office for members of U.S. House of Representatives— how House members are elected and related expectations of the Framers for the House— census— size of the House in 1790— expansion of the size of the House— House membership set by statute in 1929— apportionment— redistricting— Congress's most important power— bill— powers constitutionally shared by both houses— bill— necessary and proper clause— Article I, Section 8— formal law-making power— 89 Key Differences Between the House of Representatives and the Senate (Table 6.1): constitutional differences— differences in operation— changes in the institution— exclusive powers of each house— impeachment— role of the two houses in impeachment— Senate’s sole power to approve presidential appointments (“advise and consent” power)— How Congress is Organized a new Congress is seated every ____ years— among first items on agenda of new Congress— hierarchical leadership structure— The Role of Political Parties in Organizing Congress Organizational Structure of the House of Representatives and the Senate in the 111th Congress (Figure 6.1)— majority party— minority party— The 111th Congress (Figure 6.2)— role of parties regarding committees— two sessions of Congress— what happens at start of new Congress in party caucus or conference— Committee on Committees— Steering Committee— campaign committee— 90 The House of Representatives the first Congress in 1798— what Congress was like in the early years of the nation— more tightly organized, more elaborately structured, governed by stricter rules— loyalty to leader and party line votes— the leadership: Speaker, majority and minority leaders, Republican and Democratic House whips— The Speaker of the House— when and how Speaker elected— current and previous Speaker— duties of Speaker— Politics Now: Leadership Styles of the Speakers of the House— Other House Leaders— party caucus or conference— majority leader— where the two parties sit in the House chamber— minority leader— whips— The Senate presiding officer of the Senate, status and duties— official chair of the Senate— how president pro tempore elected and his duties— duty of presiding over Senate rotates— true leader of the Senate— majority leader of the Senate and duties— 91 majority leader’s power compared to Speaker’s power— minority leaders— whips— Senate rules give tremendous power to individual senators— The Committee System real legislative work of Congress takes place in committees— first and last place most bills go— when conference committees come into play— particular importance of committees in the House— institutional committee system created in 1816— Republican reorganization of committee structure in 1995— impact of 1995 House takeover by Republicans on committee structure— types of committees— 1) standing committees— 2) joint committees— 3) conference committees— 4) select (or special) committees— Committees of the 111th Congress (Table 6.2)— House Committee on Rules— power of standing committees— discharge petition— committee assignments in House and Senate— framing legislation in House and Senate— more individual input in Senate— committee membership— 92 value of committee assignments to members— pork— earmarks— value of public works programs to members— value of membership on some committees to campaign contributions— Appropriations and Budget Committees— party distribution and committee membership— share of committee membership for majority Democrats in 111th Congress— majority party control of Committee on Rules— committee chairs— power of committee chairs— chairs and committee staff— lobbyists and committee chairs— a chair's best allies— seniority— role of seniority in selecting committee chairs in House and in Senate— The Members of Congress taking a toll on many members— members must try to appease two constituencies— A Day in the Life of a Member of Congress (Table 6.3)— Running for Office and Staying in Office factors important to election to Congress— incumbency— success of incumbents in reelection— 93 Analyzing Visuals: Approval Rating of Congress and Individual Representatives— average percentage of incumbents who win reelection— Congressional Demographics general demographics of members of Congress— education— wealth— “Millionaires Club”— age— women— minorities in 2009 in the House and Senate— Barack Obama— Female and Minority-Group Members of Congress, Selected Years (Figure 6.3)— occupations— veterans— Theories of Representation Edmund Burke— trustee— delegate— politico— How Members Make Decisions Party members look to party leaders— increase of party votes where majorities of the two parties took opposing sides (from 1970 to mid-1990)— unanimity of votes in 107th and 108th Congress— 94 party reigns supreme— divided government— Constituents constituents— how often do members vote in conformity with people in the districts?— Colleagues and Caucuses logrolling— special-interest caucuses— Interest Groups, Lobbyists, and Political Action Committees primary functions of most lobbyists— grassroots appeals— major source of most member’s campaign funding— Staff and Support Agencies members' reliance on staff— duties of staff— committee staff— influence of staff on voting— lobbyists and staffers— Ideas Into Action: Be a Congressional Intern— committee staff— congressional support agencies— The Law-Making Function of Congress chief function among Congress's constitutional responsibilities— from where legislative proposals can come— 95 who can formally submit a bill for congressional consideration— what happens to most bills introduced by members of Congress?— approximate number of bills introduced in 110th Congress that were made into law— How a Bill Becomes a Law: The Textbook Version How a Bill Becomes a Law (Figure 64)— bill introduced— sponsors and co-sponsors— one role of clerk of House and of Senate— three stages of bill becoming a law: committee, on the floor, when two chambers approve different versions of the same bill— first action, with the committee— role of committee and subcommittee— if bill returned to full committee— markup— second stage, on the House or Senate floor— House Committee on Rules— Committee of the Whole— actions taken on floor— if bill survives— hold— filibusters— cloture— third stage, when two chambers of Congress approve different versions of same bill— conference committee (a bill must pass both houses in the same language to go to the president)— 96 no changes or amendments— if bill passes— veto— four options of president regarding veto within the 10 days he has to consider the bill— 1) 2) 3) 4) pocket veto— Toward Reform: Congressional Checks on the Executive and Judicial Branches how the Constitution envisioned the interaction among the three branches— actual relationship between Congress and the presidency, especially since the 1930s— The Shifting Balance of Power oversight— oversight committees beginning in the 1970s and 1980s— Republican-controlled Congress oversight of Clinton administration— key to Congress’s performance of its oversight function— committee hearings— oversight purposes of committee hearings— additional means of oversight at disposal of Congress— Congressional Review Act of 1996— congressional review— foreign policy and national security— 97 division of foreign policy powers between the Congress and the president under the Constitution— War Powers Act of 1973— limited effectiveness of War Powers Act— presidents consider War Powers Act unconstitutional— confirmation of presidential appointments— Senate’s special oversight function— confirmation of key members of executive branch and presidential appointments to the federal courts— what a wise president does before making controversial nominations— the impeachment process— ultimate oversight— Constitution vague about impeachment— treason, bribery, or other “high crimes and misdemeanors”— number of federal officials impeached by House and ultimate results— only four resolutions against presidents have resulted in further action: 1) 2) 3) 4) Congress and the Judiciary power of judicial review and the acts of Congress— ways in which Congress can exercise control over the federal judiciary— senatorial courtesy— setting jurisdiction of federal courts— 98 Research Ideas and Possible Paper Topics 1) Do some research and compare the 100th Congress to the 111th Congress in terms of party majority, leadership, representation, minorities, women, structure, incumbency advantage, and rules. What were the major changes? What accounts for the similarities and differences? 2) Using the Congressional Web site or government documents, research the transition between the 110th and 111th Congresses. What happened from election day 2008 to office-taking in January 2009? How are new members introduced to the rules, protocols, and traditions of the House and Senate? What happens to staff if their member is defeated? How do new members recruit staff? How are leaders chosen? How are rules made? Are there any “left-over issues” from the 110th? What impact has the 111th Congress had on the country? 3) Pick a piece of legislation from the current session of the 111th Congress. Write a legislative history of that bill or law. Outline the steps it took, who supported it, who opposed it, and various other influences on its passage. Were there hearings, witnesses, or controversy? Does this compare with what you learned in the text about the law-making process? How? 4) Most Americans claim to dislike and distrust Congress but like and trust their own member of Congress. What explains this paradox? Do some research on public opinion and voting behavior, analyze the media coverage of Congress, think about what members of Congress do, and why this would be the case. Prepare a presentation explaining this phenomenon for class. See if you can determine how your own U.S. Representative is perceived in your area as well. 5) There have been a number of high-profile scandals in the Congress throughout history. Americans now seem quite concerned about the ethics of the legislature. Do some research on scandals in Congress. What were some of major scandals in history? How severe have they been? How widespread have they been? Is it a few bad apples or the whole barrel? Be sure to look at how the media have covered these scandals or the lack thereof in your discussion of the ethical nature of Congress. Be sure to discuss the scandals of the 110th Congress that led to the increase of Democratic majorities in both houses in the 2008 general election. Web Sites Thomas is the official government Web site about the United States Congress from the Library of Congress with information on legislation, the Congressional Record, as well as numerous links to Congress-related sites. http://thomas.loc.gov Official site of the U.S. House of Representatives. http://www.house.gov 99 Official site of the U.S. Senate. http://www.senate.gov C-SPAN provides the most extensive coverage of Congress available on television over its three cable channels. Its Web site allows you to follow congressional action as it is broadcast with streaming video or audio. C-SPAN’s Capitol Spotlight Web site is sponsored by Congressional Quarterly and has headings such as Write to Congress, Directory of Congress, Vote Library, Bills to Watch, Live Hearings and many more. http://www.c-span.org/capitolspotlight/index.asp Congressional Quarterly (CQ) is a nonpartisan publication whose mission is to inform the electorate. Access to most of the material on the CQ Web site requires a paid subscription; however, some free information is available. Check with your college library to see if your school has a CQ subscription which you can use to obtain information from the site which includes information on Congress such as bios, votes, and election information. They also have a link to their state and local level publication. http://www.cq.com GPO Access by the U.S. Government Printing Office offers the full text of many federal government publications on the Web, including the Congressional Record. Among the growing list of titles available are the Federal Register, Congressional Bills, United States Code, Economic Indicators and GAO Reports. http://www.gpoaccess.gov/legislative.html The Hill: The Capital Newspaper. From their Web site: “The Hill reports and analyzes the actions of Congress as it struggles to reconcile the needs of those it represents with the legitimate needs of the administration, lobbyists, and the news media. We explain the pressures confronting policymakers, and the many ways—often unpredictable—that decisions are made. But Capitol Hill is more than the focal point of the legislative branch of government. It is also a community not unlike a small city, and we report on its culture, social life, crime, employment, traffic, education, discrimination, shopping, dining, travel, and recreation. Our editorial viewpoint is nonpartisan and nonideological.” http://www.hillnews.com RollCall On-Line. “Roll Call is widely regarded as the leading source for Congressional news and information both inside the Beltway and beyond.” RollCall On-Line publishes many of the same stories, classifieds, etc. that the print edition publishes. Published on Mondays and Thursdays. http://www.rollcall.com Congress.Org is a joint venture of two Washington, D.C. area firms with expertise in communicating with Congress. Capitol Advantage and Knowlegis, LLC, two non-partisan companies that specialize in facilitating civic participation, started Congress.Org in 1996. Some search engines refer to it as a “one-stop shop” for legislative information including contact information on members, committee assignments, etc. http://www.congress.org 100 Public Citizens' Congress Watch is a consumer interest group that monitors and lobbies Congress. Its Web site reports on its actions and issues in the current Congress. http://www.citizen.org/congress The Washington Post. Check out the “Today in Congress” section, which offers comprehensive coverage of the Congress, including committee hearings and votes. A free subscription is required. http://www.washingtonpost.com/wp-dyn/content/politics/congress/?nav=left Project Vote-Smart is a nonpartisan information service funded by members and nonpartisan foundations. It offers “a wealth of facts on your political leaders, including biographies and addresses, issue positions, voting records, campaign finances, evaluations by special interests.” It also offers “CongressTrack,” a way for citizens to track the status of legislation, members and committees, sponsors, voting records, clear descriptions, full text, and weekly floor schedules, as well as access to information on elections, federal and state governments, the issues, and politics. Includes thousands of links to the most important sites on the Internet. http://www.vote-smart.org Practice Tests MULTIPLE CHOICE QUESTIONS 1) The first woman to be speaker of the U.S. House is A) Shirley Chisholm. B) Kay Bailey Hutchinson. C) Nancy Pelosi. D) Susan B. Anthony. E) Diane Feinstein 2) Which of the following best summarized the outcome of the 2006 elections? A) Republicans retained control of both chambers. B) Democrats retained control of both chambers. C) Republicans regained control of both chambers. D) Democrats regained control of both chambers. E) Democrats regained control of the House, while Republicans retained control of the Senate. 3) How has congressional authority changed over time? A) It has grown. B) It has declined. C) It has been replaced with judicial authority. D) It has been eliminated. E) It has remained the same. 101 4) Apportionment and redistricting typically occur every A) two years. B) four years. C) six years. D) 10 years. E) 20 years. 5) State legislatures lost their control over the selection of senators when the ________ Amendment was ratified in 1913. A) Fifteenth B) Seventeenth C) Nineteenth D) Twenty-First E) Twenty-Third 6) In 1790, each member of the House of Representatives represented ________ citizens. A) 20,000 B) 30,000 C) 40,000 D) 50,000 E) 70,000 7) There are ________ members of the House of Representatives and ________ members of the Senate. A) 376; 50 B) 435; 50 C) 435; 100 D) 527; 50 E) 527; 100 8) The only officer of the House of Representatives specifically mentioned in the Constitution is the A) Speaker of the House. B) president pro tempore. C) vice president. D) sergeant at arms. E) majority leader. 9) The congressional leaders whose major task is to keep party members in line and track votes are called A) party whips. B) majority leaders. C) minority leaders. D) sergeants at arms. E) party pathfinders. 102 10) Who presides over the Senate in the absence of the vice president? A) the speaker of the Senate. B) the president pro tempore of the Senate. C) the majority leader of the Senate. D) the speaker. E) the Senate parliamentarian. 11) A committee that is established on a temporary basis is called a/an ________ committee. A) standing B) ad valorem C) select D) pro tempore E) discharge 12) What are funds that an appropriations bill designates for a particular purpose within a state or congressional district? A) Fowl B) Sequesters C) Earmarks D) Bling E) Cloture 13) When Congress is in session, a member's day can best be describes as A) chaotic. B) leisurely. C) short. D) boring. E) simple. 14) Elected representatives who listen to their constituents' opinions and then use their best judgment to make decisions are A) incommunicados. B) politicos. C) simpaticos. D) delegates. E) trustees. 15) The Congressional Muslim Staffers Association A) was responsible for the election of the first Muslim to the Senate. B) sued Congress for a place to pray. C) works to educate policymakers about Islam. D) has complained about widespread discrimination against Muslim staffers. E) was banned after the terrorist attacks of 9/11. 103 16) All bills must be introduced by A) a member of Congress. B) the president. C) an interest group. D) any staffer. E) a joint resolution signed by the president's Cabinet. 17) What typically happens to a House bill after it is reported by the full committee? A) It is introduced in the corresponding committee in the Senate. B) It is debated on the House floor. C) It is sent to a conference committee. D) It is sent to the Rules Committee. E) It is sent to the Committee on Committees. 18) How do you end a filibuster? A) a hold B) cloture C) a discharge petition D) a veto E) Any of the procedures listed above will end a filibuster. 19) Congressional review under the Congressional Review Act of 1996 has been used A) routinely by Congress to exercise oversight of the executive branch. B) far more by President Bush than President Clinton. C) only once. D) to support the USA Patriot Act. E) to express disapproval of laws passed by Congress without actually vetoing them. 20) The War Powers Act provides for all of the following EXCEPT A) allowing a president 30 days to implement a withdrawal of troops. B) presidents obtaining congressional approval before committing troops abroad. C) requiring presidents to notify Congress within forty-eight hours of deploying troops. D) requiring the president to withdraw troops after sixty days unless Congress declares war. E) giving the president the power to officially declare war. TRUE/FALSE QUESTIONS 1) Nancy Pelosi was the first Republican elected to a leadership position in the House. 2) While the public typically disapproves of Congress, they tend to approve of the member who represents their district. 3) The organization of Congress is closely tied to political parties. 4) The vice president of the United States is the constitutionally designated presiding officer of the House. 5) Whips are named after the whips that they used in the eighteenth-century to control partisan loyalties in Parliament. 104 6) The Israeli Knesset was modeled on the U.S. Congress and operates in a nearly identical fashion. 7) If a committee chair desires, he or she can usually kill a bill. 8) House incumbents usually win reelection, while Senate incumbents usually lose their reelection bids. 9) Divided government refers to the situation where the Congress and the Supreme Court are composed of different political majorities. 10) The Congressional Budget Office helps members of Congress by evaluating the costs and economic effects of proposed legislation. ESSAY AND SHORT ANSWER QUESTIONS 1) What does Nancy Pelosi mean by the "marble ceiling"? 2) Briefly explain redistricting and reapportionment. 3) Evaluate Figure 6.2 and summarize the relationship between geography and partisan control of congressional seats. 4) Discuss the importance of conference committees. 5) How representative are the members of Congress in terms of their work experiences? 6) What are the options that a president has once he receives a bill passed by both houses of Congress? 7) How is oversight of a Republican president by a Republican Congress likely to be different than oversight of a Republican president by a Democratic Congress? 8) Discuss the powers of Congress and the differences between the House and Senate. 9) What is incumbency and how can it be used to help members of Congress win reelection? 10) What is a filibuster, why is it used, and how does it work? 105 106 CHAPTER 7 THE PRESIDENCY Chapter Goals and Learning Objectives Ask a friend, “who is your Congressman?” and you are likely to get a blank stare in return. Ask her, however, “who is the president?” and she will respond instantly, “Barack Obama, of course!” Congress, constitutionally the first branch of government, has taken a back seat in American politics and government to the president, not only in public awareness but in raw power. The constitutional authority, statutory powers, and burdens of the modern presidency make it a powerful position and an awesome responsibility. Most of the men who have been president in the past two decades have done their best in the job; yet, in the heightened expectations of the American electorate, most have come up short. Our awareness of the president in our public life is high, and our expectations of the person in that office are even higher. Not only did the Framers not envision such a powerful role for the president, they could not have foreseen the skepticism with which many presidential actions are now greeted by journalists and the public. These expectations have also led presidents into policy areas never dreamed of by the Framers. This chapter is designed to give you a basic understanding of the presidency as an institution, as well as some information on the men who have occupied the office. The main topic headings of the chapter are: The Roots of the Office of President of the United States The Constitutional Powers of the President The Development and Expansion of Presidential Power The Presidential Establishment Presidential Leadership and the Importance of Public Opinion Toward Reform: The President as Policy Maker In each section, you will find certain facts and ideas that you should work to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to find in the narrative. (Keep in mind that the process of reading and studying for objective exams [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for help with study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots and rules of the Office of President of the United States and the Framers’ creation of a chief executive officer under the new constitution Article II and the constitutional powers of the presidency the development and expansion of presidential power and a more “personalized” presidency; how presidential success now depends on his (or her) personality, popularity, leadership style, and position on the range of presidential authority 107 the ever-burgeoning presidential establishment made up of advisors, assistants, and departments, all helping the president do his job, but making it easier for him to lose touch with the people presidential leadership and the significance of public opinion: how public opinion affects the presidency and how the president affects public opinion reforms made by the president as policy maker Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. one of the first things a president is asked upon taking office— what the Framers might think of the modern president’s powers— key components of a president’s ability to get his adopted and his vision implemented— power to persuade— Roots of the Office of President of the United States executive branch and the Articles of Confederation— president of the Congress under the Articles of Confederation— the Constitutional Convention and the executive branch— George Washington— the Framers and the president— Presidential Qualifications and Terms of Office qualifications— Personal Characteristics of the U.S. Presidents (Table 8.1)— term limits considered for president during Constitutional Convention— Article II on terms a president may serve— Twenty-Second Amendment— 108 impeachment— only president to resign— executive privilege— U.S. v. Nixon (1974)— Rules of Succession number of presidents to die in office (through 2009)— first president to die in office— first president to be assassinated— Presidential Succession Act of 1947— line of succession (after the vice president)— Twenty-fifth Amendment— what happens if a vacancy occurs in the office of the vice president?— The Living Constitution: Twenty-Fifth Amendment, Section 2— The Constitutional Powers of the President Framers did not agree on role and authority of a president— Article II less defined than Article I— first sentence of Article II— The Appointment Power appointment of ambassadors, federal judges, executive positions— powerful policy-making tool— president's authority to make appointments to his administration— president’s enforcement power— setting the policy agenda for the nation— what presidents look for in appointments— 109 Women on Presidential Teams: Carter to G.W. Bush (Table 7.1)— Bill Clinton and George W. Bush minority appointments— Cabinet— rejection of presidential nominees— The Power to Convene Congress The State of the Union— power to convene Congress— Hamilton in Federalist No. 77— president's power to convene Congress not as important now; why?— The Power to Make Treaties must be approved by Senate vote— "receive ambassadors"— Senate may require amendments to a treaty prior to its consent— Jimmy Carter and Panama Canal Treaty— presidents may “unsign” treaties— George W. Bush and International Criminal Court (ICC)— executive agreement— Treaties and Executive Agreements Concluded by the United States, 1789-2006 (Table 8.4)— Veto Power veto power— “qualified negative”— congressional override— why veto power is a power policy tool for a president— number of vetoes and number overridden over past 200 years— 110 The Power to Preside over the Military as Commander in Chief Commander in Chief— power to declare war— The War Powers Act of 1973— opinion of presidents since Nixon on constitutionality of War Powers Act— George W. Bush and request to Congress for use of force in 2001 and 2002— Join the Debate: The War Powers Act— The Pardoning Power pardon— Gerald Ford pardon of Richard Nixon— The Development and Expansion of Presidential Power expectations of presidential authority outstripped by limitations on authority— Harry Truman’s predictions for incoming president, Dwight Eisenhower— limits on presidential powers— factors influencing a president’s use of his powers— Lincoln’s legally questionable acts— inherent powers Lincoln’s argument regarding inherent powers of the presidency— Ranking U.S. Presidents (Table 7.3)— presidential leadership has grown along with development of new communications technology— Congress as decision maker before instantaneous communications— Congress closest to the people before electronic communications— effects to technological changes on public expectations— 111 expansion of presidential powers and the four term presidency of Franklin D. Roosevelt — Great Depression— New Deal— New Deal and expansion of executive branch— FDR personalized the presidency— FDR’s use of radio— modern presidency— The Presidential Establishment The Vice President reason presidents historically chose their vice presidents— Franklin D. Roosevelt and John Nance Garner— what a vice president’s power depends on— Jimmy Carter and Walter Mondale— George W. Bush and Dick Cheney— Cheney's agenda— The Cabinet no provision for Cabinet in Constitution— what is the Cabinet?— the Cabinet by custom— role of the Cabinet as a body— The U.S. Cabinet and Responsibilities of Each Executive Department (Table 7.4)— pressure by interest groups and growth of the Cabinet— power clientele groups and their corresponding Cabinet offices— change in the presidents' reliance on the Cabinet— 112 The First Lady First Lady— role of First Lady since time of Martha Washington— Edith Bolling Galt Wilson— Eleanor Roosevelt— Laura Bush— The Executive Office of the President (EOP) The Executive Office of the President (EOP)— expansion of EOP— prime policy makers— National Security Council (NSC)— policy preferences of presidents indicated by the kinds of offices they include in the EOP— The White House Staff chief of staff— other key White House aides— size and growth of president’s White House staff— Executive Office Building— importance of proximity to Oval Office— Presidential Leadership and the Importance of Public Opinion factors affecting a president's ability to get his programs adopted or implemented— Presidential Leadership importance of presidential leadership— leadership ability of great presidents— 113 Barber’s Presidential Personalities (Table 7.5)— usefulness of presidents' increasing public attention to particular issues— significance of a president’s ability to grasp the importance of leadership style— Going Public: Mobilizing Public Opinion Theodore Roosevelt and the bully pulpit— development of communications technology— “going public”— Ideas Into Action: Exploring Presidential Vistas— The Public’s Perception of Presidential Performance approval ratings— value of high approval ratings to a president— crippling effect of low approval ratings on a president— cyclical pattern of presidential popularity— highest level of approval at what point?— every action a president takes is divisive— Analyzing Visuals: Presidential Approval Ratings Since 1953— Toward Reform: The President as Policy Maker FDR’s new model of law-making and policy-making— “…duty of the President…privilege of the Congress….”— The President’s Role in Proposing and Facilitation Legislation public looked to the president from FDR's presidency to the Republicancontrolled 104th Congress— Contract with America and presumed reassertion of congressional power— Clinton’s forceful presence in budgetary process— 114 why presidents have a hard time getting Congress to pass their programs— most important time for a president to propose key plans to Congress and why— Lyndon B. Johnson on putting pressure on Congress— president's use of his party in legislative agenda— the president rated most successful as effective legislative leader— The Budgetary Process and Legislative Implementation importance of budget process for the president— primary responsibility for budget process until 1930— FDR and the Bureau of the Budget (1939)— Office of Management and Budget (OMB)— Policy Making Through Executive Order executive order— Harry Truman ended segregation in the military— LBJ and Executive Order 11246— executive orders on abortion since the 19870s George W. Bush’s executive orders— "signing statements"— Politics Now: Are Signing Statements Constitutional? Research Ideas and Possible Paper Topics 1) Examine the growth and impact of the modern presidency. Compare it to the role of the president through the first century-and-a-half of the history of the United States. What precipitated the development of the modern presidency and what fueled its tremendous development over the past 70 years? Discuss what you think James Madison and Alexander Hamilton might say about the modern status of the limited chief executive they helped create? 2) Do some research on the vice presidency of Joe Biden. How does his role compare and contrast with other recent vice presidents? Why did Barack Obama select him as his vice 115 presidential candidate in 2008? What types of activities has Biden been involved in as vice president and why? Is it a function of his personal relationship with President Obama or a permanent change in the office of the vice president? Discuss. 3) We have experienced periods of “divided government” where the Congress is of one party and the presidency of another. The executive and legislative branches have also recently been controlled by one party. Do some research into public opinion on this issue. Which situation do Americans prefer? Why? Also research the impact divided government has had on the policy process versus the impact of single-party control. Do more bills fail in a divided government? Are Congress and the president more confrontational due to partisan differences in a divided government? Which scenario works better for our democracy? Has the increase of Democratic control of both the U.S. House and Senate since the 2008 presidential elections changed the dynamic of the legislative agenda of the presidency and to what extent? Discuss. 4) Choose two presidents from history and write a paper discussing the impact they had on the office. Two interesting variants might be to choose one president who had a positive effect and one who had a negative effect, or to choose two extremely different personalities who seem equally successful and explain why. 5) Group Project: Do an analysis of the media’s coverage of Barack Obama during his presidency. For one month, watch a variety of network and cable news programs, read a variety of newspapers and weekly news magazines, listen to talk radio (be sure to get right- and left-wing programs), and check out Internet news sites. How is the president covered? What gets the attention of the media and why? Is the president “staging” or “spinning” any of the coverage or are the media in control? Also look at how the president is portrayed in entertainment programming. What implications do your findings have on how we perceive the president? What role, if any, do you believe the news media played in the president’s popularity in the polls, both positively and negatively? Web Sites The official White House site for information on George W. Bush and the office of the president. http://www.whitehouse.gov The National Archives and Records Administration offers links to all presidential libraries. http://www.archives.gov/presidential_libraries/addresses/addresses.html The National Portrait Gallery's Hall of Presidents has information on and portraits of American presidents. http://www.npg.si.edu/collect/hall.htm The University of North Carolina site offers biographies of the presidents and first ladies, including links to presidential libraries. http://www.ibiblio.org/lia/president 116 POTUS: Presidents of the United States is assembled by the Internet Public Library and provides background information, election results, Cabinet members, notable events, and some points of interest on each of the presidents. Links to biographies, historical documents, audio and video files, and other presidential sites listed. http://www.ipl.org/div/potus You can search the Public Papers of the Presidents of the United States online at this site provided by the Office of the Federal Registrar. Not all presidential papers are available currently online. Presidential photographs can be accessed as well. http://www.gpoaccess.gov/pubpapers/search.html Statistics, facts, and biographies of U.S. vice presidents are available at Vice-Presidents.Com. http://www.vicepresidents.com Current events and video clips about the presidency of Barack Obama are available on the CSPAN Web site page. Also, you can hear recordings made by President Lyndon B. Johnson of his office telephone calls, tapes which have been release by the LBJ Library. Click on LBJ White House Tapes under “C-SPAN Radio” on the left side of the main page. http://www.c-span.org The Museum of Broadcast Communications offers a Web site titled U.S. Presidency and Television which discusses some of the most significant developments in the relationship between the presidency and television since the 1950s. http://www.museum.tv/archives/etv/U/htmlU/uspresiden/uspresiden.htm The Web site of the Virginia Quarterly Review has posted a fascinating article titled “Why the Media Love Presidents and Presidents Hate the Media” which offers a history of the expansion of broadcast technology in American and the modern presidency. http://www.vqronline.org/articles/2000/spring/nelson-why-media The American Presidency Project is sponsored by the University of California, Santa Barbara. Its archives contains some 85,000 documents relating to the study of the presidency. http://www.presidency.ucsb.edu/index.php Practice Tests MULTIPLE CHOICE QUESTIONS 1) Which of the following is a constitutional requirement to be president? A) be a natural-born citizen B) be a resident for at least twenty-four years C) be a naturalized or natural-born citizen D) speak English E) believe in god 117 2) Under most circumstances, the Twenty-Second Amendment limits a president to serving no more than ________ terms. A) two B) four C) eight D) ten E) twelve 3) Presidents may be removed from office by A) being found guilty of any crime by either the House or Senate. B) state referenda. C) a trial held in the Department of Justice. D) impeachment in the House and conviction at a trial held in the Senate. E) a majority vote of "no confidence" in both the House and Senate. 4) What was the decision in U.S. v. Nixon? A) Presidents have extensive executive privilege. B) President Nixon must comply with court orders relating to Watergate. C) The president can accept gifts from lobbyists and foreign dignitaries, but he must pay taxes on the value of the gift. D) Nixon was a crook and, therefore, had failed to uphold his presidential oath of office. E) “When the president does it, that means it's not illegal.” 5) If the president resigns and the vice president assumes the presidency, how is a new vice president chosen? A) the new vice president is selected by the Senate B) the speaker of the House becomes the new vice president C) the new vice president is nominated by the president and confirmed by a majority vote in both houses of Congress. D) the new vice president is nominated by the Cabinet and confirmed by a supermajority vote in both houses of Congress. E) the new vice president is nominated by the Senate and confirmed by a majority of the state delegations in the House. 6) The first appointed vice president to assume the presidency was A) William H. Harrison. B) Dwight D. Eisenhower. C) Gerald R. Ford. D) George Bush. E) Spiro Agnew. 7) By the time the Twenty-Fifth Amendment had been added to the Constitution, the office of the vice president had been vacant ________ percent of the time. A) five B) seven C) ten D) fifteen E) twenty 118 8) Which of the following presidents appointed the highest proportion of women? A) Jimmy Carter B) Ronald Reagan C) George Bush D) Bill Clinton E) George W. Bush 9) Which best describes the confirmation of the president's Cabinet nominees? A) About half of his nominees are confirmed. B) About three-quarters of his nominees are confirmed. C) Nearly all of his nominees are confirmed. D) Confirmations typically occur only if the Senate is controlled by the president's party. E) The president's first choices are seldom confirmed, but his second choices are usually confirmed. 10) The formal body of presidential advisors who also head the executive departments are known as the A) Joint Chiefs of Staff. B) White House Council. C) Cabinet. D) Executive Council. E) Presidential Advisory Board. 11) Agreements that the president enters into with foreign nations that do not require the advice and consent of the Senate are called A) executive agreements. B) executive orders. C) memos of understanding. D) memos of commitment. E) covenants. 12) Which president was defeated partly because of his unpopular use of the presidential pardon? A) Andrew Johnson B) Harry S Truman C) John Adams D) Lyndon B. Johnson E) Gerald R. Ford 13) The membership of the Cabinet is determined by A) the Constitution. B) the Secretary of State. C) seniority within each executive department. D) the president. E) the Congress. 119 14) Which president created a set of programs in an effort to combat the Great Depression? A) Calvin Coolidge B) Herbert Hoover C) Howard Taft D) Woodrow Wilson E) Franklin Delano Roosevelt 15) The Executive Office of the President includes I. the National Security Council. II. the Office of Management and Budget. III. the Council of Economic Advisers. IV. the Environmental Protection Agency A) I and II B) II and IV C) I, II, and IV D) I, II, and III E) I, III, and IV 16) When a president "goes public," A) he is trying to persuade the public and hopes that the public will persuade Congress. B) he is trying to persuade Congress and hopes that the Congress will persuade the public. C) he is adopting the policy preference of the public in order to increase her popularity. D) he is preventing Congress from convening. E) he is establishing rapport with the journalists who cover her administration. 17) When a president leaves office, A) his approval rating is frequently low. B) he must surrender his passport. C) his influence is usually at its apex. D) he appoints the incoming Cabinet. E) he swears in the incoming president. 18) Under which of the following scenarios is the president most likely to have success in getting Congress to enact legislation favored by the president? A) when the president is advocating on behalf of a bill that is important to a Republican member of Congress B) when the president is advocating on behalf of a bill that is important to a Democratic member of Congress C) when it is near the end of the president’s term D) when the legislation is central to the president’s announced agenda E) during divided government 120 19) Why do some legal scholars think that George W. Bush’s signing statements are troublesome? A) The failure to execute laws leaves many vital social welfare programs short of cash. B) The statements expand the president’s powers at the expense of Congress, upsetting the balance of power between the two branches. C) The statements usurp the power of the judiciary to determine whether a law is a worthwhile public policy. D) The statements appear to be an act of aggression by nondemocratic countries with a penchant for terrorism. E) All of the above. 20) President Harry S Truman used an executive order to A) justify the Korean War. B) establish affirmative action. C) avoid charges of adultery. D) desegregate the military. E) seize private U.S. steel mills. TRUE/FALSE QUESTIONS 1) The Articles of Confederation had a fairly powerful executive. 2) The House of Representatives has the power to impeach a president. Impeachment trials occur in the Senate. 3) During George W. Bush's first six years in office, he did not appoint any women or minorities to major positions in his administration. 4) Most of a president's Cabinet nominees are successfully confirmed by the Senate. 5) According to Table 8.4, President George W. Bush has used executive agreements far more often than did President Bill Clinton. 6) Most presidential vetoes are overridden by Congress. 7) Several provisions of the War Powers Act have been ruled unconstitutional by the U.S. Supreme Court because they interfere with the president's commander in chief powers. 8) John F. Kennedy is generally considered to have been the best president. 9) Vice presidential vacancies are filled by presidential nomination with confirmation required by three-fifths of the House. 10) The Office of Management and Budget aids the president in drafting his budget proposal. ESSAY AND SHORT ANSWER QUESTIONS 1) What are the constitutional qualifications for president and vice president? 121 2) What are the formal requirements for the presidency? Are there also informal requirements? What are they? 3) What is the process for impeaching the president? 4) Compare treaties with executive agreements. 5) What is the difference between an executive order and a law? 6) Explain why Franklin D. Roosevelt is said to be the founder of the modern presidency. 7) Discuss the roles of the Executive Office of the President and the White House staff. 8) How and why does a president “go public”? 9) What is the role of the president in the budget process? 10) Discuss the use of presidential signing statements. Why are they used? Are signing statements constitutional? Why or why not? 122 CHAPTER 8 THE EXECUTIVE BRANCH AND THE FEDERAL BUREAUCRACY Chapter Goals and Learning Objectives Often called the “fourth branch of government” because of the power its agencies and bureaus exercise, the federal bureaucracy draws criticism from many sectors. Political conservatives charge that the bureaucracy is too liberal and that its functions constitute unnecessary government inference in the business sector. In contrast, liberals view the bureaucracy as too slow, too unimaginative to solve America’s problems, and too zealous a guardian of the status quo. And, while many Americans complain of high taxes and inefficiency in government, most Americans regard the government services they receive through the bureaucracy as important to their lives. Indeed, it is the executive branch organizations that deliver the myriad of services citizens have come to expect from their government. A basic knowledge of these organizations is important to you, a taxpayer and a consumer of these services. This chapter is designed to give you a better understanding of the executive branch and federal bureaucracy. The main topic headings of this chapter are: The Roots of the Federal Bureaucracy The Modern Bureaucracy How the Bureaucracy Works Toward Reform: Making Agencies Accountable In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of the federal bureaucracy in the executive branch the modern bureaucracy, bureaucrats and the formal organization of the bureaucracy how the bureaucracy works efforts to make executive branch agencies accountable Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. 123 avian influenza threat— Bush administration's Pandemic Influenza Strategic Plan— criticism of the Bush administration's plan— bureaucracy— “fourth branch of government”— polling results regarding the bureaucracy— "who gets what, when, and how"— Roots of the Federal Bureaucracy the three governmental departments under the Articles of Confederation— early development of the Cabinet under the first President of the United States, George Washington— The Civil War and the Growth of Government expansions of the federal government as a result of the Civil War— Department of Agriculture— Pension Office— Justice Department— From Spoils System to the Merit System President Andrew Jackson and the spoils system— spoils system— patronage— calls for reform of the patronage system— Pendleton Act— civil service system— merit system— 124 Regulating the Economy Analyzing Visuals: The Ebb and Flow of Federal Employees in the Executive Branch, 1789-2005— Interstate Commerce Commission— independent regulatory commissions— shift in focus of the bureaucracy from service to regulation— Sixteenth Amendment— The Growth of the Government in the Twentieth Century Great Depression— Franklin D. Roosevelt and economic regulation— change in beliefs of Americans regarding intervention by government into the economy— effect of World War II on the U.S. economy and size of bureaucracy— post-war infusion of new monies into the economy and demands of veterans for services— G. I. Bill— Veterans Housing Authority— Lyndon B. Johnson and the expansion of the bureaucracy— The Modern Bureaucracy ways in which the national government differs from private business— impact of the different natures of government and business on the way the bureaucracy works— how public sector employees view risks and rewards— Who Are Bureaucrats? federal bureaucrats— number of federal workers in the executive branch— General Schedule (GS)— 125 how most civilian federal government employees selected today— selection process for lower levels of the U.S. Civil Service— selection process for mid-level to upper ranges of U.S. Civil Service— percentage of federal workforce not covered by the civil service system— three categories of federal government jobs not covered by the civil service system: 1) 2) 3) job skills represented in the federal government— Characteristics and Rank Distribution of Federal Civilian Employees, 2004 (Figure 8.1)— where federal workers work— Federal Agency Regions and City Headquarters (Figure 8.2)— decentralization of the bureaucracy— use of private contractors by the military— Bush administration massive outsourcing of positions to private companies— Formal Organization approximate number of civilian agencies— areas of specialization— four general types of agencies— Cabinet Departments— departments— The Living Constitution: Article II, Section 2, Clause 1— percentage of federal workforce accounted for by Cabinet departments— 126 president’s formal Cabinet— The Cabinet Departments (Figure 8.3)— responsibilities of Cabinet secretaries— features shared by departments— basis for divisions within departments— clientele agencies— Government Corporations— functions served by government corporations— when such entities are formed— flexibility— charge for services— Independent Executive Agencies— heads of independent executive agencies— reasons for existence of independent agencies— NASA— EPA— Independent Regulatory Commissions— reasons for independent regulatory commissions— examples of independent regulatory commissions— older boards and commissions— newer regulatory boards— Government Workers and Political Involvement Political Activities Act of 1939 (Hatch Act)— Federal Employees Political Activities Act of 1993— regulation of public employees' political activities— 127 The Federal Employees Activities Act (Table 98.1)— How the Bureaucracy Works Max Weber and characteristics of model bureaucracies: 1) 2) 3) 4) 5) 6) congressional delegation of Article I, section 8, powers— implementation— iron triangles— An Iron Triangle (Figure 8.4)— issue networks— interagency councils— policy coordinating committees— Making Policy policy-making— formal and informal levels— street-level bureaucrats make policy on two levels— administrative discretion— administrative discretion exercised through two formal administrative procedures— 128 Rule Making— regulations— single most import function performed by agencies of government— 1946 Administrative Procedures Act three-part rule-making procedures: 1) 2) 3) formal hearings— Ideas into Action: Enforcing Gender Equality in College Athletics— Administrative Adjudication— quasi-judicial— compared to a trial— administrative law judges— Toward Reform: Making Agencies Accountable to whom or what are agencies answerable?— factors that work to control the power of the bureaucracy— Executive Control presidents’ delegation of control of power to bureaucracy— presidents find difficult to regain control over power delegated to the bureaucracy— Politics Now: The Bush Administration and Bureaucratic Control— presidential appointments to the bureaucracy— how the president can reorganize the bureaucracy— executive orders— Lyndon B. Johnson convinced to sign 1967 executive order to protect women from discrimination from the federal government129 Congressional Control role of Congress in checking the power of the bureaucracy— Join the Debate: Funding the War in Iraq— investigatory powers— citizens’ appeals of adverse bureaucratic decisions— congressional review (adopted by 104th Congress)— Judicial Control judiciary’s oversight less apparent— courts can issue injunctions or orders even before a rule is formally promulgated— courts have ruled that agencies must give due process rights to those affected by bureaucratic action (example)— influence of litigation or threat of litigation on bureaucrats— weight given to opinions of bureaucrats by the courts— specialized courts— degree to which specialized courts respond to agency rulings— Research Ideas and Possible Paper Topics 1) Service Learning (learn by doing): Visit at least three federal offices in your area. Research each agency (or department or commission) on the Internet prior to your visit. Watch what goes on. Ask questions. Investigate the functions and efficiencies of the procedures used. If possible, schedule interviews with managers and staff at these offices. Ask about misconceptions and problems with the bureaucracy. How does what you find compare with what you learned in the text? 2) The newest bureaucratic department is the Department of Homeland Security, established in the first term of the Bush administration. Research the department’s genesis, organization, and purpose. How large is the Department of Homeland Security? What is its budget? What former federal agencies were subsumed into DHS? How effective has it been in carrying out its goals (including FEMA)? In addition, analyze whether the current Secretary of Homeland Security has managed to change the culture of the department. If so, how? 130 3) The U.S. Postal Service has changed its relationship with the government and the American people over time. Research the history of the postal service, its past and present ties to the government, its effectiveness, and reputation. Many of us complain incessantly about the mail. Are we justified? How are rate increases determined? If we are truly unhappy, what avenues of complaint are open? 4) Service Learning (learn by doing): Write to or visit your local U.S. Representative's office or U.S. Senator's office. Ask to speak with one of the caseworkers who deals with bureaucratic snafus and red tape. Find out how they intervene on behalf of constituents, how effective they are, how many constituents avail themselves of this service, and their impressions of the bureaucracy. Write a paper or discuss in class what you have learned. 5) How does the bureaucracy affect you? Consider the innumerable ways you perceive government helps or hinders your life. Keep a journal for the semester and note in it ways you interact with bureaucracy and government. At the end of class, compare notes with friends and colleagues. Discuss whether, in total, your experiences with government are positive, negative, or neutral. Web Sites President Bush’s Cabinet is a Web site hosted by the White House presenting photographs of Cabinet officers and biographies. You can go to each of the individual departments via links for each on this Web site. http://www.whitehouse.gov/government/cabinet.html Federal Web Locator provided by the Villanova Center for Information Law and Policy has links to all government Web sites, including all governmental departments, agencies, corporations, and affiliates. http://www.lib.auburn.edu/madd/docs/fedloc.html FedWorld, hosted by the Department of Commerce, is a comprehensive index of federal government agencies, searchable by keyword. Access to thousands of U.S. government Web sites, more than a half-million U.S. government documents, databases, and other information products with links to the FedWorld File Libraries and other sources. http://www.fedworld.gov GovExec.com is online version of a magazine for federal employees called Government Executive. The Web site offers breaking news stories, analysis, and information about the federal community http://www.govexec.com The Washington Post reports on the activities of the federal bureaucracy for an audience keenly interested in news about it—Washington-based employees of the federal government—in a section entitled Federal Page. (Free registration is required for access to the Washington Post.) http://www.washingtonpost.com/wp-dyn/politics/fedpage 131 The U.S. Government Accountability Office (GAO) is known as "the investigative arm of Congress" and "the congressional watchdog." GAO supports the Congress in meeting its constitutional responsibilities and helps improve the performance and accountability of the federal government for the benefit of the American people. http://www.gao.gov Practice Tests MULTIPLE CHOICE QUESTIONS 1) The firing of public-office holders of a defeated political party and their replacement with loyalists of the victorious political party, is called the A) replacement doctrine. B) merit system. C) civil service. D) spoils system. E) nepotism system. 2) Under the Civil Service Reform Act, which of the following was the best way to get a government job? A) Patronage B) Party membership C) Examinations D) Spoils E) Campaign contributions 3) What percentage of the federal workforce is part of the merit-based civil service system? A) 10% B) 40% C) 50% D) 60% E) 90% 4) An agency created by Congress that is generally concerned with a specific aspect of the economy is called A) a bureau of the first class. B) a committee on correspondence. C) an independent regulatory commission. D) a Cabinet-level agency. E) a self-serving agency. 5) How are bureaucracies similar to businesses? A) They both rely on the profit motive. B) They are both equally concerned with pleasing the customer. C) They are both established by acts of Congress. D) They both take risks to increase profit margins and lower costs. E) None of the above. 132 6) Nearly one-third of all nonmilitary federal employees work for the A) Department of Defense. B) Department of State. C) Department of Homeland Security. D) U.S. Postal Service. E) Department of Justice. 7) In China, the bureaucracy A) answers exclusively to the judicial branch. B) actively works to suppress Chinese culture. C) plays a large policymaking role. D) has little autonomy, as the Communist Party makes the policy decisions. E) is the center component of government power. 8) The bureaucracy is primarily part of which branch of government? A) Executive B) Legislative C) Judicial D) The bureaucracy is primarily part of the executive and legislative branches, but not the judicial branch. E) All three branches share the bureaucracy equally. 9) What does Figure 8.1 suggests about the relationship between gender and employment with the federal government? A) There are more women in the federal workforce than men. B) On average, women earn only 60% of what men earn. C) Most of the women who work for the federal government are African American. D) Lower-level positions tend to be dominated by women; higher-level positions tend to be dominated by men. E) There do not appear to be any differences in federal government employment according to gender. 10) All of the departments in the Cabinet are headed by a secretary EXCEPT: A) State B) Justice C) Education D) Treasury E) Housing 11) Which agencies are subject to the most intense outside lobbying efforts? A) clientele agencies B) large agencies C) independent executive agencies D) administrative agencies E) judicial agencies 133 12) Government corporations such as the Postal Service are formed A) the activities are primarily social in nature. B) the provision of services requires greater rigidity and uniformity. C) to discourage consumption of the good or service that is produced. D) to provide for goods and services that would not otherwise be produced by the free market. E) to provide revenue-producing services that could also be achieved through private businesses. 13) The Environmental Protection Agency is a/an A) independent regulatory agency. B) independent executive agency. C) government corporation. D) Cabinet department. E) agency recently abolished due to violations of the Hatch Act. 14) The law enacted in 1939 to prohibit federal employees from becoming directly involved in political campaigns was called the A) Campaign Reform Act. B) Federal Employees Political Activities Act. C) Pendleton Act. D) Help America Vote Act. E) Hatch Act. 15) The process by which a law or policy is put into operation by the bureaucracy is known as A) adjudication. B) supplementation. C) exportation. D) implementation. E) fertilization. 16) The loose and informal relationships that exist among a large number of actors who work in broad policy areas are known as A) iron triangles. B) interagency councils. C) cooperative back scratching. D) issue networks. E) interagency substructures. 17) The bureaucracy has the ability to make choices about the best way to implement congressional or executive intentions, thus giving the bureaucracy tremendous leeway to carry out its assigned tasks. This ability is called A) administrative adjudication. B) administrative discretion. C) regulatory authority. D) legislative override. E) executive exemption. 134 18) Which bureaucracy helps Congress oversee the bureaucracy? A) the Office of Maintenance and Bureaucracy (OMB) B) the Capitol Response Service (CRS) C) the Congressional Oversight Committee (COC) D) the Government Accountability Office (GAO) E) the Federal Reserve Board (the Fed) 19) _________ are issued by the president to shape public policy and to provide direction to the bureaucracy about how to implement policy. A) Laws B) Edicts C) Executive orders D) Signatories E) Pardons 20) The judiciary can oversee the bureaucracy by A) issuing injunctions preventing agency rules from going into effect. B) cutting off funding for under-performing programs. C) filing lawsuits alleging wrongdoing on the part of a bureaucracy. D) impeaching high-level executive branch officials. E) refusing to grant "letters of appointment" to political appointees, even if they have been confirmed by the Senate. TRUE/FALSE QUESTIONS 1) Bureaucrats do not make policy; they only implement it. 2) The federal courts often show deference to the decisions made by bureaucracies. 3) Today, most federal bureaucrats are hired based on merit. 4) The size of the federal civilian workforce increased considerably during the New Deal and World War II. 5) At the lower levels of the U.S. civil service, most positions are filled by patronage. 6) Women are more likely to have low-level civil service jobs and men are more likely to have high-level civil service jobs. 7) The National Aeronautics and Space Administration (NASA) is an independent executive agency. 8) There is no direct mention of the Cabinet in the U.S. Constitution. 9) Congress passed a law liberalizing the Hatch Act's prohibitions on federal employees participating in campaigns. 10) Iron triangles refer to the relatively stable relationships among agencies, interest groups, and congressional committees. 135 ESSAY AND SHORT ANSWER QUESTIONS 1) If there was a pandemic of avian flu, what bureaucracies would play a role in addressing it? 2) What is the spoils system? Is the bureaucracy better off without it? 3) What events coincided with the largest increase in the number of federal government employees? How did these events necessitate the increase? 4) How are bureaucracies different from private businesses? 5) What are the differences between the types of civil service jobs held by men and those held by women? 6) Describe some of the characteristics of the federal civilian workforce. 7) Why and to what extent has the U.S. government used private contractors in Iraq? 8) What are government corporations and why do they exist? 9) Define iron triangles, issue networks, and interagency councils. Using examples, discuss which typology you believe best describes the relationships between those who make, influence, and implement policies. 10) Describe the process by which regulations are made. 136 CHAPTER 9 THE JUDICIARY Chapter Goals and Learning Objectives The role of the federal judiciary today, particularly the U.S. Supreme Court, differs dramatically from its function early in the nation’s history. The “least dangerous branch,” as Alexander Hamilton initially described the federal judiciary, gained prominence from the development of the doctrine of judicial review and, as well, from the growth in the size and reach of the federal government. The Framers never envisioned the ambit and authority of the Supreme Court and lower federal courts; of course, the Framers never envisioned the incredible growth of the federal government and its laws, laws adjudicated by the federal courts. The Supreme Court today, as arbiter of the Constitution, can, in a single decision, dramatically reshape the social and political structure of the country as evidenced, for example, by Brown v. Board of Education, Roe v. Wade, Bush v. Gore and Lawrence v. Texas. As our social and political beliefs change in the country, so do the interpretations of our laws by judges and justices on the federal bench. Who sits on the Supreme Court and in the federal courts across the nation truly matters. It is no wonder that many scholars believe the most lasting decision a president makes while in office is who he appoints to the Supreme Court and the federal bench. In his eight years as a conservative president, George W. Bush made a dramatic impact on the character and philosophy of the federal courts. President Barack Obama, as a lawyer and a liberal, takes a dramatically different approach the courts and his impact on the structure and nature of the federal judiciary has yet to be fully realized. This chapter is designed to give you an overview of the federal judicial system. The main topic headings in the chapter are: Roots of the Federal Judiciary The American Legal System The Federal Court System How Federal Court Judges are Selected The Supreme Court Today Judicial Philosophy and Decision Making Toward Reform: Power, Policy Making, and the Court In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: 137 the roots of the federal judiciary: the Supreme Court’s explicit creation by Article III and creation of the lower federal courts by Congress under the authority of Article III and Article I the American legal system and the civil and criminal law the federal court system, its types, and jurisdiction how federal court judges are selected by presidential nomination and Senate review and confirmation the operation and function of the Supreme Court today, including how cases are selected by the Court for review and adjudication judicial philosophy and decision making: how judicial decisions are reached based on legal and extra-legal factors reform efforts and the judiciary's power to affect policy Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. John Roberts and Samuel Alito— first term of the Roberts Court— second term of the Roberts Court— “the least dangerous branch”— the physical location provided the Supreme Court in the early days of the country as a clue to the significance given it by the founders— terminology: how the Supreme Court and the courts are referred to— Roots of the Federal Judiciary the consideration given to the creation of a federal judiciary at the Constitutional Convention— compromise settled in Article III, section 1— Article III, section 2— The Judicial Power of the U.S. Supreme Court (Table 9.1)— life tenure and the "independence of judges"— 138 Hamilton’s argument in Federalist No. 78— The Living Constitution: Article III, Section 1— checks on the federal judiciary— “advice and consent” power of the Senate and judicial nominations— Join the Debate: Senate Advice and Consent on Judicial Nominations— judicial check on the presidency— judicial review— Marbury v. Madison (1803)— Martin v. Hunter’s Lessee (1816)— The Judiciary Act of 1789 and the Creation of the Federal Judicial System Judiciary Act of 1789— federal district courts— litigants— circuit courts and change in 1891— size of the Supreme Court— first public session of the Supreme Court— first Chief Justice of the United States— characteristics of the early Supreme Court that created problems of prestige and personnel— actions by the Court in its first decade to mold the new nation— The Marshall Court: Marbury v. Madison (1803) and Judicial Review John Marshall— importance of Marshall in helping establish the Court as a co-equal branch of the national government— Marshall elimination of the practice of seriatim— 139 Marshall Court established the authority of the Court over the judiciaries of the various states and established the supremacy of the federal government over state governments— concept of judicial review mentioned in Federalist No. 78 but not in the U.S. Constitution— judicial review— Marbury v. Madison (1803)— the facts and the politics of Marbury— use of judicial review since Marbury— The American Legal System the judicial system of the United States— Dual Structure of the American Court System (Figure 9.1)— trial courts— appellate courts— Jurisdiction jurisdiction— original jurisdiction— where do more than 90 percent of all state and federal cases end?— appellate jurisdiction— Criminal and Civil Law criminal law— grades of criminal offenses— who is the plaintiff in a criminal case?— criminal cases usually in the purview of what?— civil law— plaintiff (petitioner)— 140 defendant— the state as plaintiff in a civil case and in a criminal case— judges during trial— juries— The Federal Court System constitutional courts— legislative courts— District Courts federal district courts— number of federal district courts— the least number in each state and number in most populist states— district court jurisdiction: 1) 2) 3) U.S. Attorney— The Courts of Appeals U.S. Courts of Appeals— circuit courts of appeals— types of federal appellate courts— numbered courts of appeals— D.C. Court of Appeal— U.S. Court of Appeals for the Federal Circuit— chief judge— three-judge panels— 141 en banc— do courts of appeals have original jurisdiction?— jurisdiction of courts of appeals— right to appeal— courts of last resort— general purpose of appellate courts and procedures— brief— precedent— stare decisis— The Supreme Court jurisdiction today— membership on Court since 1869— How Federal Court Judges are Selected political process of selection— How a President Affects the Federal Judiciary (Figure 9.2)— party affiliation and nominations— senatorial courtesy— Who are Federal Judges? characteristics of federal judges— political nature of appointments— prior judicial experience— Analyzing Visuals: Race, Ethnicity, and Gender of Federal Court Appointees— 142 Appointments to the U.S. Supreme Court process the same as for other federal judges— why more attention and opposition to Supreme Court nominations— The Supreme Court, 2008 (Table 9.3)— Nomination Criteria “You have to be lucky”— competence— ideology or policy preferences— rewards— pursuit of political support from various groups— religion— race, ethnicity, and gender— The Supreme Court Confirmation Process power of the Senate— Senate Judiciary Committee— simple majority vote for confirmation— investigation— lobbying by interest groups— The Senate committee hearings and Senate vote— The Supreme Court Today public awareness of Court and members— survey of Americans in early 2006: ability to name one member of the Court; ability to name all nine members of the Court— Don’t Know Much About the Supreme Court (Table 10.6)— how the Court take great pains to ensure its privacy and sense of decorum— 143 “cult of the robe”— comparison of how proceedings of the Supreme Court and Congress are conducted and covered— Politics Now: Should Supreme Court Proceedings Be Televised?— Deciding to Hear a Case petitions received and opinions issued in 2007-2008 term— workload of Supreme Court through its history— Supreme Court Caseload, 1950-2008 Terms (Figure 9.2)— significance of content of Supreme Court’s docket— significant role in policy making and politics— two types of jurisdictions and the cases that reach the Court under them— substantial federal questions— writs of certiorari and the Rule of Four— How a Case Gets to the Supreme Court (Figure 9.3)— two requirements for meeting certiorari: 1) 2) cert pool— discuss list and percentage of cases that reach it— weekly conference meetings— the role of clerks— What Do Supreme Court Clerks Do? (Table 109.5)— How Does a Case Survive the Process? Who sits on the Roberts Court? (photo and cut-line)— criteria for Court accepting a case— 144 cues regarding the characteristics of cases the Court accepts: 1) 2) 3) 4) 5) solicitor general— amicus curiae— percentage of cases accepted where the U.S. government is the petitioning party— conflict among the courts of appeals— interest group participation— use of amicus briefs by interest groups— Ideas Into Action: Be a Friend of the Court— Hearing and Deciding the Case submission of legal briefs— oral arguments— tradition and ceremony of oral argument— when do oral arguments take place?— who participates in oral arguments?— mechanics of oral arguments— the conference and the vote— role of conferences— role of least senior member of the Court in conferences— how conferences highlight the power and importance of the chief justice— 145 majority vote wins— how Roberts Court is more informal than Rehnquist Court— writing opinions— majority opinion— who assigns task of writing majority opinion?— importance of majority opinion— informal caucusing and negotiation— concurring opinion— plurality opinion— dissenting opinion— Judicial Philosophy and Decision Making principles of stare decisis— Judicial Philosophy, Original Intent, and Ideology judicial restraint— strict constructionists— judicial activism— judicial activism: liberal and conservative— Models of Judicial Decision Making political scientists' attempt at predicting judicial behavior through models— behavioral characteristics— the attitudinal model— the strategic model— 146 Public Opinion check on the power of the courts— Court as direct target of public opinion— Court’s effect on public opinion— Court dependent upon public opinion for its prestige and for compliance with its decisions— public confidence in the Court— Toward Reform: Power, Policy Making, and the Court primary way federal courts and, in particular, the Supreme Court, make policy— rights citizens of the United States enjoy thanks in large measure to the support of the Supreme Court— contribution of Marshall Court in developing the judiciary's policy-making role— contribution of Warren Court in developing the judiciary's policy-making role— contribution of Rehnquist Court in developing the judiciary's policymaking role— contribution of Roberts Court in developing the judiciary's policy-making role— Policy Making measures of the power of the Court— declaring laws unconstitutional— ability to overrule itself— political questions— Implementing Court Decisions President Andrew Jackson's comment regarding a Marshall Court decision that annoyed him— courts' reliance on other units of government to carry out their directives— 147 judicial implementation— role played by well-crafted or popular decisions— Court’s need of support from both federal and state courts as well as other governmental agencies to carry out its judgments— three requirements for effective implementation of a judicial decision: 1) 2) 3) Research Ideas and Possible Paper Topics 1) Research the Court's current docket (see official Supreme Court Web site below). How many cases will it hear (or has heard)? What types of cases will the Court hear (or has heard)? What constitutional issues are (or were) at stake? Why do you think the Court has chosen to rule (or ruled) on these cases? 2) Research biographies on the current Supreme Court justices. What are their backgrounds? Why were they chosen for the Court and by whom? How are they perceived by courtwatchers? (In other words, what do the experts think of them?) Is there a definite majority on the Court for any single set of constitutional issues? The Warren Court was characterized as very activist, particularly regarding due process rights. Has the Rehnquist Court been characterized as activist (although in other areas)? If so, how? And what evidence can you find about activist trends on the Roberts Court? 3) Choose two well-known Supreme Court cases of the past twenty years. Research to determine interest group activity and attempts at public persuasion on the Court during the cases. Using those examples and the text, write a paper (or prepare a short talk) about the impact of public opinion and lobbying on the Supreme Court. 4) Research and analyze President Bush’s judicial appointments to the Supreme Court and the federal bench. What type of judicial policy did Mr. Bush seek in a nominee? How have his nominees reflected the president’s political opinions? How well have President Bush’s nominees faired in the process of Senatorial confirmation? Compare the Bush approach to the federal courts to that of President Barack Obama. What has Mr. Obama done to impose his mark on the federal court system? 5) Constitutional law is taught textually. The language and nuance of what the Court says in its opinions is very important. Choose five cases and read the actual opinions. What types of language does the Court tend to use? Are rulings broad or narrow? Are precedents overturned? How does the Court use precedent generally? What did you learn about the Court from reading opinions? 148 Web Sites The official Web site of the Supreme Court of the United States offers transcripts of oral arguments before the Court, recent case decisions, a history of the Court, the Court’s docket, and other information. http://www.supremecourtus.gov Oyez-Oyez-Oyez is a comprehensive database of major constitutional cases featuring multimedia aspects such as audio of oral arguments. http://www.oyez.org/oyez/frontpage The site of the Supreme Court History Society covers the basic history of the Court and has a gift catalog (for that special gift to your pre-law friends). http://www.supremecourthistory.org SCOTUS Blog (Supreme Court of the United States—SCOTUS) was started several years ago by an attorney whose practice is exclusively devoted to appeals before the U.S. Supreme Court and who is one of the most prominent private lawyers in that field, Tom Goldstein. Goldstein manages the blog as well as contributes to it, along with other attorneys, scholars and journalists who are all ardent students of the Court. It is fascinating reading for anyone keenly interested in the Court. http://www.scotusblog.com/movabletype Findlaw is a searchable database of S.C. decisions plus legal subjects, state courts, law schools, bar associations, and international law. http://www.findlaw.com Rominger Legal Services provides U.S. Supreme Court links, including history, pending cases, rules, bios, etc. http://www.romingerlegal.com/supreme.htm FLITE: Federal Legal Information Through Electronics offers a searchable database of Supreme Court decisions from 1937-1975. http://www.fedworld.gov/supcourt/index.htm U.S. Supreme Court Plus has decisions from the current term as well as legal research, bios, basic Supreme Court information, and more. Also offers a free e-mail notification service of Supreme Court rulings. While this is primarily a subscriber fee site, you can still find some good free information here. http://www.usscplus.com The Legal Information Institute sponsored by the Cornell University Law School offers Supreme Court opinions under the auspices of Project Hermes, the court's electronicdissemination project. This archive contains (or will soon contain) all opinions of the court issued since May of 1990. http://supct.law.cornell.edu/supct 149 The Federal Judiciary Homepage offers a wide variety of information about the U.S. Federal Court system. http://www.uscourts.gov Law.com offers the latest Supreme Court news on its “United States Supreme Court Monitor” Web site. (Free registration is required.) http://www.law.com/jsp/scm/news.jsp The American Bar Association provides analysis of the issues, arguments, background and significance of every case slated for argument in the U.S. Supreme Court. http://www.abanet.org/publiced/preview/home.html C-SPAN also offers information about oral arguments before the U.S. Supreme Court. http://www.c-span.org/courts/oralarguments.asp Practice Tests MULTIPLE CHOICE QUESTIONS 1) The judiciary was called the "least dangerous branch" by A) Alexander Hamilton. B) James Madison. C) George Washington. D) Thomas Jefferson. E) John Adams. 2) As it exists in the United States, judicial review is the power A) of the federal courts to change state laws. B) of state courts to judge if federal laws are consistent with the state’s constitution. C) of the Supreme Court to determine the constitutionality of acts of Congress. D) of the Supreme Court to remove corrupt legislators and members of the executive branch. E) of Congress to review Supreme Court decisions to determine their constitutionality. 3) The federal judiciary was given form and substance by A) Article IV. B) the Alien and Sedition Acts. C) both the executive and legislative branches. D) the Supreme Court. E) Congress. 4) How were Robert Bork's confirmation hearings different from those of other Supreme Court nominees? A) Robert Bork was the first African American nominee. B) Robert Bork was the first Jewish nominee. C) Robert Bork's confirmation hearings were more contentious. D) Robert Bork's confirmation hearings were more focused on his legal prowess. E) Robert Bork's confirmation hearings were the subject of a Supreme Court battle over judicial filibusters. 150 5) ________ is generally considered to have been the most influential chief justice of the Supreme Court of the United States. A) William H. Rehnquist B) Earl Warren C) Roger Taney D) John Marshall E) John G. Roberts 6) Courts with appellate jurisdiction typically A) review the factual record of a lower court for mistakes. B) determine factual matters in the case involved. C) review the legal procedures of a lower court for mistakes. D) hear evidence regarding the facts of the case. E) rubber stamp the decisions of trial courts. 7) In a civil case, the party who brings a case against a defendant is referred to as the A) state. B) plaintiff. C) petitioner. D) attorney general. E) accused. 8) The number of judges in each U.S. Court of Appeals A) is approximately thirty per circuit. B) is approximately sixty per circuit. C) varies depending on who the president is. D) varies from circuit to circuit. E) is determined by the U.S. attorneys who serve in the circuit. 9) The major purpose of the federal circuit courts of appeals is to A) provide more opportunities for senators to reward their supporters. B) review the decisions of judges in lower courts concerning the facts of a case. C) correct errors of law and procedure from lower courts. D) hear new testimony that was not available at the original trial. E) determine which cases will be heard by the U.S. Supreme Court. 10) If a Republican president wished to appoint a district judge to the Western District of Oklahoma, senatorial courtesy suggests that the president should consult with A) all Oklahoma senators. B) all Republican senators. C) all members of the Oklahoma congressional delegation. D) all Republican members of the Oklahoma congressional delegation. E) all Republican Senators from Oklahoma. 11) According to the Analyzing Visuals feature on page 260, which president appointed the highest percentage of women and African Americans to the federal courts? A) George W. Bush B) Bill Clinton C) George Bush 151 D) Ronald Reagan E) Jimmy Carter 12) Which of the following is a constitutional requirement for being a Supreme Court justice? A) having a law degree B) being “well knowledgeable in the law” C) passing a religious test D) being at least thirty-five years old E) None of the above. There are no constitutional requirements for serving on the Supreme Court. 13) The justices of the Supreme Court are A) elected in nonpartisan balloting. B) confirmed by the president. C) nominated by the Senate. D) nominated by the president and confirmed by the Senate. E) nominated by the president and confirmed by both the House and Senate. 14) The oral arguments presented before the U.S. Supreme Court are A) closed to the public. B) televised only in the Washington, D.C. area. C) televised on C-SPAN only. D) regularly televised on both network and cable channels. E) not televised. 15) During the 2005-2006 term, approximately ________ cases were filed with the Supreme Court. A) 900 B) 1,600 C) 3,700 D) 9,600 E) 14,400 16) Research by political scientists finds that A) interest groups play no significant role in the judicial process. B) federal courts are immune to interest group pressure. C) the more interest groups that file petitions in support of certiorari, the more likely the Court is to accept the case for review. D) only conservative interest groups influence the Court. E) only liberal interest groups influence the Court. 17) The member of the Justice Department who handles all Supreme Court appeals for the U.S. government is the A) attorney general. B) solicitor general. C) special master. D) secretary of justice. E) deputy secretary of justice. 152 18) A Supreme Court justice who agrees with the outcome reached by the majority but not with the legal reasoning behind the decision may issue a A) minority opinion. B) per curiam opinion. C) seriatim opinion. D) concurring opinion. E) dissenting opinion. 19) The idea that judges should use their power broadly to further justice is called A) stare decisis. B) original intent. C) judicial restraint. D) judicial activism. E) judicial moderation. 20) In which decision did the Supreme Court declare that it could exercise judicial review over acts of the national government? A) Marbury v. Madison B) Martin v. Hunter's Lessee C) McCulloch v. Maryland D) Gibbons v. Ogden E) The People v. Larry Flint TRUE/FALSE QUESTIONS 1) The Senate's advice and consent power means that it decides which of those nominated by the president become Supreme Court justices. 2) Trial court judges determine matters of law, not fact. 3) Most criminal cases are decided in the state court systems. 4) According to the Analyzing Visuals feature on page 260, George W. Bush has appointed a greater percentage of Hispanics to the district courts than has any previous president. 5) According to the Analyzing Visuals feature on page 260, Jimmy Carter appointed a greater percentage of African Americans to the courts of appeals than has any other president. 6) Public interest in the Supreme Court has increased measurably since the Court started televising its proceedings. 7) Amicus briefs are often submitted to the U.S. Supreme Court by interest groups. 8) Strict constructionists attempt to interpret the Constitution according to the original intentions of the Founders. 9) The solicitor general works in the Department of Defense and is responsible for defending any military actions to the federal courts. 153 10) Judges influence public policy. ESSAY AND SHORT ANSWER QUESTIONS 1) The Framers believed that the judiciary was the “the least dangerous branch.” Do you agree with their assessment? 2) What is judicial review and from where does this authority originate? 3) Compare and contrast original and appellate jurisdiction. 4) How do ideology and partisanship influence who a president nominates to the federal courts? 5) Describe the roles of the U.S. Supreme Court clerks. 6) What is an amicus curiae brief? 7) What are the advantages and disadvantages of judicial restraint? 8) Discuss the advantages and disadvantages of judicial activism and judicial restraint. 9) Compare and contrast the attitudinal, behavioral, and strategic models of judicial decision making. Which of these models most accurately captures how judges make their decisions? Describe the rationale for your claim. 10) Describe the difficulties associated with judicial implementation. Under what conditions are Supreme Court decisions most likely to be implemented consistently with the Court’s ruling? Should the judicial branch be given increased authority to ensure that their decisions are implemented? How would this work? 154 CHAPTER 10 PUBLIC OPINION AND THE NEWS MEDIA Chapter Goals and Learning Objectives What do you think about politics and government? In other words, what are your beliefs and opinions about politics and government? Are they the same as your parents’, your friends’, or people in your community? Public opinion polls reveal that Americans are a diverse lot, but, nonetheless, agree on many issues. Politicians and others who want to sway public opinion depend on public opinion polls to inform them of what Americans believe and want from their government and elected officials. This is nothing new. Politicians back in the time of the Framers did not have sophisticated public opinion polls, nor did they have national news media to tell them the results of those polls, but they sought to mold public sentiment nevertheless. What opinions do people hold about government, politics, and issues? Why do they count to politicians? And, how are your opinions, beliefs, and values formed and how are they changed? These are vital questions in a democracy. We all want our opinion and our beliefs to mean something to others. We want our voices heard. Do polls effectively reflect our values and beliefs? Do they accurately predict trends, directions, and decisions? An enormous influence on the development of public opinion is the news media. The news media—the aggregate of electronic and print journalism—has the potential to exert enormous influence over Americans. The news media is crucial in facilitating public awareness of and discourse on politics necessary for the maintenance of a free country. The First Amendment grants the media broad rights. But is there a corresponding responsibility? Do citizens get the information from the news media we need to make educated decisions about elections? Does the news media provide complete, objective, issue-based coverage of politicians and public policy or does it focus on the trivial, entertaining, and sensational? Do you read a newspaper or newsmagazine or watch the news on television, or do you get your news and information from the Internet, which is an increasingly important element in the media mix? In this chapter, we look at these questions as well public opinion in America. This chapter is designed to give you a better understanding of polling, the nature of public opinion, and the role of the news media in politics. It is designed to help you better understand from whence your own opinions, and the opinions of others, have come. This chapter is also designed to give you a basic understanding of the opportunities, challenges, and problems posed by the news media today as well as the effects of our (the citizenry's) unthinking consumption of the media's messages. The main topic headings of the chapter are: Roots of Political Values: Public Socialization Public Opinion and Polling Why We Form and Express Political Opinions The Evolution of News Media in the United States Rules Governing the Media How the Media Cover Politics Toward Reform: Media Influence, Media Bias, and Public Confidence 155 In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of political socialization and the panoply of factors that influence this process public opinion and polling, the role of political socialization in public opinion formation, and the role of public opinion polls in determining public perception of political issues why Americans form and express political opinions the effects of public opinion and polling on government and politics and how since the writing of The Federalist Papers, parties, candidates, and public officials have worked to sway, gauge, and reform public opinion for political purposes the evolution of the news media in this country from the founding to today rules governing the media, both self-imposed rules of conduct and government regulations affecting radio, television, and the Internet how the media cover politics reforms relating to media influence, media bias, and public perceptions of the media Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. National Election Pool— entrance polls in 2008— exit polls— Roots of Political Values: Political Socialization where our attitudes about issues are grounded— political socialization agents of political socialization— 156 The Family communications and receptivity— political socialization in early years up to age ten— Ideas into Action: Be a Socialization Agent— political socialization by age eleven— 1988 study of political socialization by family— Ideological Self-Identification of First-Year College Student (Figure 10.1)— School and Peers Join the Debate: Teaching Civics in American High Schools— elementary school influence— Pledge of Allegiance— building patriotism at a young age— peers— high school influence— college influence— liberalism and conservatism of college students— The Mass Media growing role— time in front of TV— impact of TV— impact of alternative sources of political information on TV— average time for TV sound bite in 2004— role of TV talk shows in 2004 presidential election— role of Internet in 2004 and 2008 presidential elections— 157 Religious Beliefs role of religion— percentage of Americans who consider religion an important part of their lives— faith-based political activity through much of twentieth century from the left— leaders of civil rights movement— 1972 appearance of religious gap in voting and public opinion— Nixon’s “Silent Majority” strategy— Moral Majority and the Christian Coalition— today’ second largest predictor of the vote (after party identification)— regular church goers and political affiliation— membership in various religions as of 2006— Ideological Self-Identification of Protestants, Catholics and Jews (Figure 10.2)— shared religious attitudes and tendency to affect voting and issue stances— Race and Ethnicity differences in political socialization between African-Americans and whites from early age through adulthood— importance of race and ethnicity as factors in elections and the study of public opinion— Analyzing Visuals: Racial and Ethnic Attitudes on Selected Issues— Hispanics’ response to issues— Asian/Pacific Islanders’ response to issues— Native Americans’ response to issues— Gender Gender Differences on Political Issues (see Table 10.1)— suggested reasons for women’s more liberal attitudes on social welfare concerns— 158 women’s opinions about war— effect of terrorism and national security concerns on women’s opinions— Age age and an individual's view of the proper role of government— causes of differences— age and opinions on funding Medicare or Social Security— which age group advocates increased governmental role in area of medical insurance?— Region effect of regional and sectional differences in developing and maintaining political beliefs since colonial times— differences between the North and the South— characteristics of the South— characteristics of the West— The Impact of Events role of key political events— November 22, 1963— effects of 9/11 attacks— impact of events leading and the marked increase in distrust of government— Analyzing Visuals: Faith in Institutions (see page 21 of textbook)— Public Opinion and Polling public opinion— public opinion polls— George Gallup— role of public opinion and governance— 159 The History of Public Opinion Research efforts by newspapers in 1824 and 1833— Walter Lippmann— Public Opinion (1922)— Literary Digest— straw polls— three errors in straw polling by Literary Digest: 1) 2) 3) Gallup and 1936 election— greater sophistication in late 1940s— “Dewey Defeats Truman” headline— The Success of the Gallup Poll in Presidential Elections, 1936-2008 (Figure 10.3)— Traditional Public Opinion Polls key phases of polling— Determining the Content and Phrasing of the Questions: wording of the question— responses often tied to wording of a particular question— Selecting the Sample: random sampling— stratified sampling— how large, sophisticated surveys operate— 160 Contacting Respondents: telephone polls— random-digit dialing surveys— individual, in-person interviews— factors that can affect responses— Politics Now: Cell Phone Challenge Pollsters— Political Polls Push Polls: push poll questions— push polls— what push polls are designed to do— do candidates use this poll method?— Tracking Polls: tracking polls in 1992— tracking polls today— reliability— A Daily Tracking Poll for the 2008 Presidential Election (Figure 10.4)— Exit Polls: exit polls in contract to entrance polls— who uses exit polls?— exit polls in 1980 presidential election— Shortcomings of Polling Margin of Error: typical margin of error— 161 what the margin of error implies— margin of error in a close election— Sampling Error: accuracy of any poll depends on what?— accuracy of small samples— why opinions of poor and homeless are underrepresented— Limited Respondent Options: how it leads to inaccuracies— Lack of Information: when respondents don’t care about an issue or lack information— filter question— results on complex issues— results on more personal issues— Difficulty Measuring Intensity: inability to measure intensity of feeling about particular issues— Why We Form and Express Political Opinions factors that influence most people— Personal Benefits “I”-centered— what effects attitudes on issues that do not affect someone individually— issues that do not affect someone individually and do not involve morality— Political Knowledge reciprocal effect— Americans’ level of knowledge about history and politics— 162 Americans’ knowledge about foreign policy and geography— Cues from Leaders or Opinion Makers V.O. Key— role political leaders play in influencing public opinion— bully pulpit— followers— Political Ideology political ideology— impact of these sets of values— conservatives— liberals— moderates— The Evolution of News Media in the United States mass media— news media— Print Media newspaper published in colonies as early as what year?— growth of newspapers in the 1700s— partisan newspapers in late eighteenth century— Anti-Federalists and the press— The Living Constitution: First Amendment— Timeline: The Development of the American News Media— penny press— Benjamin Day and the New York Sun— less partisan press but not more respectable— 163 "A Terrible Tale" about Grover Cleveland in Buffalo Evening Telegraph— Democratic Sentinel story about Republican presidential candidate James G. Blaine and his wife and their child born just three months after their wedding— political payoffs to the press in nineteenth century— William Randolph Hearst and Joseph Pulitzer— yellow journalism— muckraking— Theodore Roosevelt on muckraking— the good and bad of muckraking— role of corporate profit— Radio News advent of radio in early part of twentieth century— most Americans had never heard the voice of a president— President Calvin Coolidge and radio— President Franklin Roosevelt and “fireside chats” (first president to make effective use of electronic media)— radio news surpassed by television news in 1950s— rise of right-wing radio in mid-1980s— Rush Limbaugh— effect of conservative talk shows on radio as a news medium— Television News where and when television first demonstrated publicly in U.S.— most homes had televisions by when?— early 15 minute evening network newscast and expansion— 164 TV news versus newspapers in the 1960s and by 2007— Where Americans Get Most of Their National and International News: 2000, 2004, and 2007 (Figure 10.5)— distinction between network and cable news— decline of network news and rise of cable news viewership— increasing availability of services providing 24-hour news services— C-SPAN— comedy news programming— The Daily Show— The Colbert Report parodies The O’Reilly Factor— study on comedy news programs informing viewers— The New Media the Internet— ARPANET— use of Internet in 2000 and 2007— rise of Internet as source of news and information— Ideas into Action: Where Do Young People Get Their Campaign News?— U.S. government on Internet— foreign news media on Internet— Al-Jazeera— Current Media Trends print media— broadcast media— new media— The Influence of Media Giants: 165 media outlets with national and international influence— U.S. major newspapers distributed nationally— networks— the major national broadcast networks— the major cable news networks— affiliates— wire services— Media Consolidation: news media driven by the bottom line— consolidation of media ownership— risks of media consolidation— Increasing Use of Experts: what influences use of experts— pundits, or "talking heads"— what impact experts have on shaping American’s views— Narrowcasting: narrowcasting— two ratings leaders within the realm of cable news— ideological viewpoint emphasized by the two cable news leaders— Technological Innovation: technology’s effect on the diversity of available news— blogs— outlet for citizens— mainstream media’s use of blogs— future of new media— 166 online social networks and other new technology— Rules Governing the Media First Amendment— Journalistic Standards industry's own professional norms— Society of Professional Journalists’ “Code of Ethics”— Government Regulation of the Electronic Media two reasons for unequal treatment of print and broadcast media: 1) 2) 1996 Telecommunications Act— FCC and 2003 regulation changes— June 2003 changes by FCC allowed media corporations to own more of different kinds of media in a given market— opposition in Congress to FCC changes— opposition to deregulation by FCC by many ideologically opposing groups— general public outcry against the 2003 FCC changes— December 2007 revised rule by FCC on cross-ownership ban— Content Regulation content regulation— content regulation of electronic media— equal time rule— October 2000 court ruling on FCC rules that up to that point had required broadcasters give candidates chance to respond to personal attacks and political endorsements by a station— 167 Efforts to Control the News Media prior restraint— New York Times v. U.S. (1971)— Pentagon Papers— Daniel Ellsberg— 1991 Gulf War and military’s isolation of reporters— 2003 Iraq invasion and “embedded” journalists— criticism of embedded journalist concept— a cost of popular sovereignty— How the Media Cover Politics news media focus heavily on what?— increase in number of print reporters accredited at U.S. Capitol since 1983— increase in coverage of presidential campaigns since 1960s— journalists accredited as daily White House correspondents— How the Press and Public Figures Interact press release— press briefing— press conference— campaign consultants hired by politicians and media research— politicians bypassing national news media— libel— New York Times v. Sullivan (1964)— actual malice— effect of actual malice rule— 168 Covering the Presidency first among the three equal branches of government in coverage— Franklin D. Roosevelt, press conferences, and the bully pulpit— role and history of presidential press secretary— much of press focus on the president is unfavorable— negative coverage of presidency— George W. Bush reluctance to face the press and efforts to control his image— Covering Congress why it is difficult for news media to survey and cover Congress— size of congressional press corps— news media focuses on three groups in covering Congress— 1) 2) 3) negative coverage of Congress— C-SPAN coverage of Congress— Covering the Supreme Court media vacuum surrounding Court— television in the Court— reasons for Court’s reticence to allow cameras in— release of written transcripts and audio recordings— same-day release of audio recordings to reporters on a case-by-case basis— cover of Court vis-à-vis coverage of legislative and executive branches— number of reporters covering the Court full time— 169 reasons the amount of coverage of Court-related stories diminishing— Toward Reform: Media Influence, Media Bias, and Public Confidence questions about the media's relationship with the public— Media Influence what effect, in most cases, does the press have on what people believe?— media effects— how media-influenced changes might occur: 1) 2) 3) agenda setting— 4) framing— 5) Media Bias “biased reporting”— research suggests why candidates might charge media with bias— why are journalists biased?— claims of liberal bias in 1980s and 1990s— 2007 survey on opinions of journalists— corporate bias of the media— corporate interests and corporate broadcast ownership: biased reporting about debate over Telecommunications Act of 1996— the deepest bias among political journalists and political journalists desire for a good campaign story— effect of journalists’ personal feelings about a candidate— celebrity status of news reporters— 170 The Public’s Perception of the Media American's general assessment of the news media and the general trend of that assessment— 2007 survey by Pew Research Center for the People and the Press and what a majority of the public believe about the media— steady decline in perceived believability of the major news organizations (2004 percentages regarding print media and broadcast media)— increasing partisan dive between Democrats and Republicans in their assessment of the media's performance— concern over the ideological fragmentation of the media— Research Ideas and Possible Paper Topics 1) Use the library or Internet to find the content and results of a number of polls. Bring them to class and in discussion groups, analyze the quality and reliability of those polls. Be sure to discuss sampling, error rates, question wording, how respondents are contacted, and other factors that affect the results. 2) Write a paper based on your own political ideology and opinions. How were they formed? Consider those who have influenced these opinions and political views. Is the text correct in asserting what the dominant factors of political socialization are? Compare your experiences with those of your classmates. 3) Locate several blogs on the Internet which focus on news and current events. Identify and describe the blogs. What types of information are you finding there? Does it differ from more traditional types of media? How and why? 4) Using a major nationally distributed newspaper (The New York Times, The Washington Post, or The Wall Street Journal), analyze the way in which the president is treated. Is he treated well or poorly? Why? Do you perceive an obvious bias? What is it? Is he treated similarly or differently than other major political figures? Why? 5) Examine the history of corporate consolidation of broadcast news media outlets over the past several decades. Examine examples of how the corporatization of the news industry diminishes diversity in news coverage and, thus, hinders your ability to get different viewpoints on critical issues. Discuss how this would hinder the free exchange of ideas in a democracy and undermine personal freedoms. 171 Web Sites The Gallup Organization is one of the best-known and most well-respected polling agencies. Their Web site offers access to reports, polling data, and more about a variety of issues. http://www.gallup.com The American National Election Study at the University of Michigan offers regular polls on elections, voting behavior, and electoral issues. http://www.electionstudies.org The National Opinion Research Center (NORC), a research arm of the University of Chicago, offers surveys of American attitudes and opinions. http://www.norc.org Roper Center for Public Opinion Research, located at the University of Connecticut, is the largest library of public opinion data in the world. The Center's mission focuses on data preservation and access, education, and research. Includes the GSS—General Social Survey. http://www.ropercenter.uconn.edu The American Association for Public Opinion Research is a professional association that publishes Public Opinion Quarterly whose tables of contents are available on this Web site. http://www.aapor.org The Virtual Reference Desk at Binghamton University offers a Web site devoted to polling and public opinion, including information on bad polls and techniques; also offers links to some opinion sites. http://library.lib.binghamton.edu/vrd/polls.html Media Matters for America is an extensive, comprehensive Internet site reporting on corporate and conservative bias in the news media. Media Matters was created by former conservative journalist David Brock. Updated daily with reportage and video clips. http://mediamatters.org The Pew Center for People and the Press is an independent opinion research group that studies attitudes toward the press, politics, and public policy issues. Its Web site offers the results of numerous surveys including those of public attitudes toward the media's coverage of politics and offers information trends in values and fundamental political and social attitudes. http://www.people-press.org The Annenberg Public Policy Center at the University of Pennsylvania conducts content analysis on TV coverage of politics. http://www.annenbergpublicpolicycenter.org The Pew Center for Civic Journalism works to encourage “good journalism.” The institute is trying to battle cynicism and re-engage citizens in the political process. http://www.pewcenter.org 172 The Project for Excellence in Journalism is sponsored by Pew, Columbia School of Journalism, and the Committee of Concerned Journalists. They are trying to raise the standards of journalism and are running several projects, including one on local TV news and the state of newspapers in America. This and more are available through their Web site. http://www.journalism.org Center for Media and Public Affairs at George Mason University conducts studies of new news media and politics. http://www.cmpa.com Law and the Media in Texas: Handbook for Journalists is a compact and marvelous examination of issues journalists face in covering the courts and in dealing with libel issues. It is written by David McHam, longtime professor of journalism at Baylor University and SMU. McHam is the recipient of the Society of Professional Journalists national award for excellence in teaching reporting. Although the handbook is written about Texas courts, it does cover the federal courts and its state content is applicable in general to most states. http://www.texaspress.com/Lawpress/LawPress.html The Poynter Institute is a school for journalists, future journalists, and teachers of journalism. Its Web site offers a vast array of information and services for journalists. Of particular interest to students seeking news about the activities of journalists and the news media, click on "Romenesko Latest News." http://www.poynter.org Practice Tests MULTIPLE CHOICE QUESTIONS 1) Political socialization within the family can be traced to two factors: A) communication and parenting skills. B) receptivity and how strong your parents’ views are. C) size of family and its religiosity. D) communication and receptivity. E) sibling relationships and parental intelligence. 2) When we look at colleges and universities as a source of political socialization, we find that most students become, on average, A) more conservative as they near graduation. B) more middle-of-the-road as they near graduation. C) more exhibitionist as they near graduation. D) more libertarian as they near graduation. E) more liberal as they near graduation. 173 3) During the 2004 presidential elections, one study estimated that about ________ percent of Americans learned about the presidential campaign from alternative sources such as The Tonight Show, The Late Show, or The Daily Show. A) 5 B) 25 C) 40 D) 65 E) 85 4) Which of the following groups is the most politically conservative? A) Catholics B) Protestants C) Catholic women D) women E) Jews 5) The humanitarian nature of which of the following conflicts helped to minimize the gender gap regarding military intervention? A) Korea B) Vietnam C) Kosovo D) Lebanon E) Iraq 6) Which of the following is a key political event that most helped to promote a sense of patriotism and American unity? A) the Berlin airlift B) the 9/11 terrorist attacks C) the election of George W. Bush D) the Vietnam War E) the Super Bowl 7) According to Figure 10.3, in which of the following elections was the Gallup prediction of the final vote the most accurate? A) Johnson’s election B) Reagan’s first election C) Truman’s election D) Clinton’s first election E) Franklin Roosevelt’s first election 8) Most national surveys and commercial polls use samples of _________ individuals to obtain fairly accurate polling results. A) 75 to 100 B) 150 to 300 C) 600 to 1,000 D) 2,000 to 5,000 E) at least 7,000 174 9) Most polls conducted by newspapers are called A) straw polls. B) deliberative polls. C) telephone polls. D) direct mail surveys. E) exit polls. 10) On election night, the media initially declared that Al Gore beat George W. Bush to win the 2000 election. This call was made using A) precinct-level data from selected county election boards. B) random-digital dial technologies. C) telephone polls of likely voters. D) ouija boards. E) exit polls. 11) One reason politicians and the news media can influence public opinion is because A) Americans trust politicians and the media. B) most Americans do not hold their political convictions very deeply. C) Americans are vociferous consumers of newspapers. D) over 90 percent of American houses are connected to the Internet. E) All of the above. 12) Conservatives typically favor A) smaller government. B) social welfare programs. C) government regulation of business. D) legalized abortion. E) All of the above. 13) Among the publishers who promoted yellow journalism was A) William Randolph Hearst. B) James G. Blaine. C) Upton Sinclair. D) William Roper. E) David Sanger. 14) Americans are most likely to get their news from A) newspapers. B) television. C) radio. D) news magazines. E) the Internet. 175 15) When compared to older Americans, young Americans are more likely to get their campaign news from A) talk radio and C-SPAN. B) NPR and MSNBC. C) the Internet and comedy television. D) newspapers and newsmagazines. E) Nightline and 60 Minutes. 16) Which of the following trends accurately describes the media in the United States? A) The number of towns with competing local newspapers has increased. B) Television networks are increasingly breaking with their parent companies to become independent. C) Newspapers are being bought by local governments to ensure that news coverage is driven by journalist standards instead of corporate profits. D) Media consolidation has increased in recent years. E) Americans are consuming more political news than ever before. 17) The Telecommunications Act A) was declared unconstitutional in 1996. B) required that television news focus on issues. C) was basically a government takeover of the telecommunications industry. D) provides substantial subsidies to newspapers. E) paved the way for multimedia corporations. 18) Libel is A) the counterpart to conservative. B) the ideology of most Republicans. C) written representation of fact. D) written defamation of character. E) verbal and written defamation of character. 19) The congressional press corps has ________ members. A) 7 B) 56 C) 212 D) approximately 3,000 E) approximately 57,000 20) The influences of new sources on public opinion are known as A) media effects. B) media biases. C) agenda setting. D) agenda biases. E) framing issues. 176 TRUE/FALSE QUESTIONS 1) The influence of family is greatest on children once they are in high school. 2) In general, race does not appear to influence political attitudes. 3) Women tend to have more liberal attitudes about capital punishment. 4) Polls predicting the outcome of presidential races proved embarrassingly inaccurate in 1948 when they predicted that Governor Thomas E. Dewey defeated incumbent President Harry S. Truman. 5) An advantage of public opinion polls is the precision with which they can measure the intensity of feelings on a given topic. 6) A free press is necessary for democracy because it plays a vital role in informing the public. 7) The First Amendment of the Constitution guarantees freedom of the press. 8) Narrowcasting has allowed news networks to target certain receptive audiences. 9) The believability of the press has been declining among Americans. 10) Al-Jazeera is primarily a source for state-run propaganda from Middle Eastern governments. ESSAY AND SHORT ANSWER QUESTIONS 1) What is political socialization? 2) How has 9/11 shaped your political opinions? 3) What is a random sample? 4) Discuss two reasons why polls may be unreliable. 5) What is sampling error? 6) Compare and contrast the print press and electronic media. 7) Discuss the impact of the Internet on the media. 8) How has the increasing use of experts on television news programs affected political news coverage? Would the public be better off if the media relied less on experts and more on journalists? Why or why not? 9) Compare and contrast the coverage of media given to the three branches of government. 10) How is the media biased? 177 178 CHAPTER 11 POLITICAL PARTIES AND INTEREST GROUPS Chapter Goals and Learning Objectives To many Americans, party affiliation is not a significant factor in their political lives. Yet to many other Americans, party affiliation, or allegiance to the issues a party espouses, is important. For instance, the 2004 election saw a revitalized Democratic Party attacking the presidency of George W. Bush, and a Republican Party energized to defend and reelect its president. The candidacy of Barack Obama for the presidency further infused energy and hope into the Democratic Party nationally. Whichever party controls the government—nationally and in the states—the two-party system, after predictions of its decline and demise, seems robust after the last two election cycles if in need of reform in significant areas. It is important to understand that the two major parties control the power structure in Congress and in all 50 states. Since Democrats and Republicans write the laws, including the election laws across the country, the two parties will likely continue to control the electoral system and the government. It will be the responsibility of the two parties, also, to make appropriate reforms. In one form or another, political parties have been staples of American political life since the late 1700s and they will continue to be. In essence, political parties are the engines which run the machinery of government. While you need not become a mechanic, you should look under the hood and develop an understanding of how these engines operate. Interest groups spend a great deal of time, effort, and money understanding how the engines of the machinery of government work and in trying to fine-tune their operation. Wealthy interest groups spend vast sums of money attempting to sway the votes of members of Congress and decision-makers in the executive branch. One must question, however, whether the interests of the working man and woman, the student, the poor, the mid-level executive, the elementary teacher and other Americans without the wherewithal to hire million-dollar lobbyists are being forgotten in Washington thanks to the power and influence of wealthy corporate special interest groups. James Madison in the Federalist Papers warned against “a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interest of the community.” Madison called these groups “factions.” Today we might call them interest groups. Thomas Hobbes and other early political philosophers discussed the designs of self-interest among men in society—beasts in competition. Some Americans today fault interest groups as “selfish interest groups,” seeking benefits for the few at the expense of the many. Yet, as a society that has its roots in the concept of individual freedom, do we not want individuals and groups to seek support for their unique, individual interests? What is the role of interest groups in American government? Participation in the political process is necessary for a democracy to flourish. Is it necessary and beneficial that individuals and groups pressure policy makers at all 179 levels of government? What are interest groups today? What do they seek and how do they operate? Do they supplement and complement political parties? Do they enhance representation? Or are they vehicles for powerful and wealthy interests to take over policy making? Do you have interests that could be served by participating in an interest group? This chapter addresses the questions about our political party system questions and the nature of interest groups who seek to influence the political process in their behalf. This chapter is designed to give you an overview of political parties and interest groups, how they work, and how they have changed over time. The main topic headings of the chapter are: Roots of the American Party System The Functions of the American Party System The Party Organization Interest Group Structure and Functions In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of the American party system is and what a political party actually is the functions of the American party system the formal organization and structure of American political party parties the formation, development, maintenance of interests groups as well as how they function Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. party platforms— Party Platforms: Moderate but Different (Table 11.1)— 2008 Democratic Party platform— 2008 Republican Party platform— 180 James Madison’s warning against the dangers of factions in Federalist No. 10— political party— interest groups— V.O. Key’s differentiation between political parties and interest groups— Roots of the American Party System The Birth of American Political Parties George Washington’s farewell warning— end of the brief era of party-less politics in the U.S.— American Party History at a Glance (Figure 11.1)— party development during presidency of John Adams— Federalists— Democratic-Republicans— first president elected as the nominee of a political party— factionalism and the Framers, see The Living Constitution— Jefferson’s attitude toward the party system— political parties in their infancy— The Early Parties Fade second party system begins around 1824— Andrew Jackson— party membership broadens— Democratic Party and Andrew Jackson— first national presidential nomination convention— Whigs— Henry Clay and the Whig Party— 181 first president to win the office as the nominee of a truly national, popularly based political party— first broadly supported two-party system in the Western world— slavery and the Whig Party— Republican Party— John C. Fremont— Abraham Lincoln— tradition of a solidly Democratic South— Democrats and Republicans: The Golden Age the two major parties from the presidential election of 1860 to this day— central traits of the “Golden Age”— political machines— population’s desire for important services (especially city-dwellers)— party loyalty and devotion in Golden Age— voter turnout in Golden Age— The Modern Era differences between Golden Age and the modern era— government’s gradual assumption of key functions of parties— impact of increase of social services under Franklin Roosevelt’s New Deal— effect of decrease in immigrant flow— direct primary— civil service laws— issue-oriented politics— ticket-split— candidate-centered politics— 182 population shift from urban to suburban— Realignment party realignment— critical elections— three tumultuous eras producing significant critical elections: 1) 2) 3) no uniform shift in partisan alignment since when?— dominant outcome of elections since World War II— occasions other than critical elections when partisan affiliation are accommodated— Secular Realignment secular realignment— simple generational replacement— era of weaker party attachments— prospects of a national realignment— shift from Democratic Party to Republican Party in the South— Democratic Party shift toward civil rights and social spending— Dealignment and the Strength of Political Parties: dealignment— rise of self-described independents from 1958 to 2000— party choice from 1952 to 1964— party choice since 1970— how the two major parties’ decline is easily exaggerated— 183 longevity and competition of the two major parties— inevitability of development of parties in the U.S.— the two parties have become the primary means for society for what?— The Functions and Organization of the American Party System What Do Parties Do? two-party system over the past 200 years— Mobilizing Support and Gathering Power: party affiliation’s importance to elected leaders— creating natural majorities or near majorities— coalition— A Force for Stability and Moderation: mechanisms for organizing and containing political change— forming coalitions— inherent contradictions in such coalitions— FDR’s New Deal coalition— Unity, Linkage, and Accountability: why parties are the glue holding together fragmented U.S. governmental and political apparatus—— Framers system that divides and subdivides power— what the partisan affiliations of the leader of each branch provides— other aspect of the party’s linkage function— The Electioneering Function: H.G. Wells on elections— how political parties assist in the “great function” of elections— 184 elections in a democracy can only have meaning if what?— importance of competiveness in elections— “competitive” in this context— changes in strategies for the two parties and similarities in objectives— strengths and weaknesses of the two parties— Political Party Finances, 1993-2008 (Figure 11.2)— how the parties can raise so much money— technologies— media divisions within the parties— volunteers and paid operatives— research— Party as a Voting and Issue Cue: party identification as a filter and a perceptual screen— party identification as a cue for the least interested and least informed— Policy Formulation and Promotion: national party platform— purpose of the platform— what happens to the promises and pledges?— Legislative Organization: the party in Congress— growth of the role of the two parties in Congress— caucus— party leaders— 185 leaders promoting their policy positions— most power predictor of congressional roll-call voting— Congressional Party Unity Scores, 1959-2007 (Figure 11.3)— reasons for the recent growth of congressional party unity— partisan gerrymandering— political campaign committees— Crashing the Party: Minor Parties in the American Two-Party System: minor parties based on causes— third parties’ roots in sectionalism— Dixiecrats— third parties’ roots in economic protest— Populists— third parties’ roots in specific issues— Green Party— third parties’ roots in ideology— third parties’ roots in appealing, charismatic personalities-Bull Moose Party— third parties’ roots in a combination of these issues— George Wallace and the American Independent Party in 1968— Ross Perot in 1992— minor parties in congressional elections— 186 when minor party candidates for the House are most likely to emerge: 1) 2) 3) when do third parties make elector progress?— third parties do best when?— two major parties usually co-opt third party popular issues— The Party Organization Political Party Organization in America: From Base to Pinnacle (Figure 11.4)— National Committees: early national party committees— Democratic National Committee (DNC)— Republican National Committee (RNC)— congressional party caucuses in both houses and their own national committees— informal division of labor among the national committees— Leadership: role of chairperson of the national committee— Politics Now: The Impact of a National Committee Chair— National Conventions: national convention— ultimate governing body for the party— 187 States and Localities: where are the parties structurally based?— what level of government is responsible for virtually all regulation of political parties?— party leadership comes from what level of government?— precinct— precinct committee members— state central (or executive) committee— national party and state party organizations division of powers— Sources of Party Identification most Americans with regard to identifying with and belonging to a party— universal party membership in U.S.?— the individual and the party with regard to activity rules, obligations to the party, control over members, and responsibility to the party— party identification— aspects and influences of party identification— loyalty generated by party label— legal institutionalization of the major parties and party identification— factors that limit voters for all practical purposes to a choice between the two major parties in almost every election— Group Affiliation: factor affecting variations in party identification— Party Identification by Group Affiliation (Table 11.2)— geographic region— gender— 2008 election and the gender gap— 188 race and ethnicity— African American— Hispanics— age— partisan affiliations based on formative political experiences growing up— influence of occupation, income, and education on party party affiliation by religion— Interest Group Structure and Functions the changing face of interest group politics in the U.S.— “bowling alone”— social capital— civic virtue— why interest groups are important— Interest Group Formation interest groups— how interest groups are differentiated from political parties— pluralist theory— disturbance theory— transactions theory— the idea that individuals will not mobilize into groups— what transactionists argue— new pluralists— population ecology theory— 189 affiliation— Interest Group Maintenance importance of adequate funding— patrons— expense of activities of interest groups— three kinds of members in interest groups: 1) 2) 3) groups vary in their ability to enroll potential members— collective good— free rider problem— benefit of a group providing incentives to convince potential members to join— The Development of American Interest Groups early local groups— reason for emergence of first national groups in 1830s— early national groups were single-issue groups deeply rooted in what influences?— Anti-Slavery Society— Women’s Christian Temperance Union— larger role of business interest in both state and national politics in later 1800s— Standard Oil— oil, steel, and sugar industries— most effective organized interest of the day— Central Pacific Railroad lobbying Congress and California legislature— 190 profound change by the 1890s in the nation’s political and social outlook— Progressive movement and Progressive-era groups— national government begins to regulate business— business groups responded to increased regulation— National Association of Manufacturers (NAM)— U.S. Chamber of Commerce— organized labor— American Federation of Labor (AFL)— open shop laws— 1914 Clayton Act— growth of unions through early and mid-1900s— effect American Federal of Labor (AFL) and Congress of Industrial Organizations (CIO) merger in 1955— recent decline of organized labor’s political clout on the national level— split at 2005 annual AFL-CIO meeting— Service Employees International Union (SEIU)— The Rise of the Interest Group State rise of the Progressive spirit in the 1960s and 1970s— public interest groups— ACLU— NAACP— AARP— Common Cause— Public Citizen— Ralph Nader— 191 conservative response: religious and ideological groups— 1978, Jerry Falwell and the “Moral Majority”— 1990, Pat Robertson and the Christian Coalition— National Rifle Association (NRA)— Students for Concealed Weapons on Campus— Ideas Into Action: Guns on Campus— What Do Interest Groups Do? what interests groups do— Lobbying: lobbying— lobbyist— Lobbying Techniques (Table 11.3)— how almost all interest groups lobby— what other groups do— Lobbying Congress: efforts to reform lobbying— members of Congress subject to a wide variety of lobbying techniques— outright payment of money (bribery)— former members and staff as lobbyists— Lobbying the Executive Branch: many potential access points— influencing policy decisions at formulation and implementation stages— importance of ability to provide decision makers with important information and sense of public opinion— 192 interest groups and regulatory agencies— captured agencies— Lobbying the Courts: what percent of Washington D.C.-based groups participated in litigation as lobbying tool?— types of efforts to lobby the courts— Grassroots Lobbying: grassroots lobbying— methods of grassroots lobbying— interest groups urge their members to participate— efforts to persuade ordinary voters to serve as advocates— Rush Limbaugh stirring up his listeners— expensive, carefully targeted television ads— use of technology such as Internet— Protests and Radical Activism: Boston Tea Party— Shays’ Rebellion— anti-war protestors— other protests— Election Activities: why interest groups become more directly involved in the electoral process— Candidate Recruitment and Endorsements: EMILY’s List— WISH List— 193 Getting Out the Vote (GOTV): putting like-minded representatives in office— GOTV methods— what well-financed interests groups do— Rating the Candidates or Office Holders: to help members evaluate congressional candidates’ voting records— interest groups that routinely rate candidates and members— Analyzing Visuals: Interest Group Ratings of Selected Members of Congress— Political Action Committees (PACs): political action committees (PACs)— what PACs allow— nature of PACs and interest groups— role of PAC money— significance of PACs for congressional incumbents— Toward Reform: Regulating Interest Groups and Lobbyists lobbying unregulated for first 150 years of U.S. history— Federal Regulation of Lobbying Act of 1946— ACLU blocks expansion of lobbying regulation in courts on First Amendment grounds— Lobbying Disclosure Act of 1995: 1) 2) 3) Congress responds to Jack Abramoff lobbying scandal— “GOP culture of corruption”— 194 Honest Leadership and Open Government Act of 2007— key provisions of the 2007 act— governing formal lobbying of the executive branch— 1978 Ethics in Government Act— restrictions on executive branch employees becoming lobbyists— Research Ideas and Possible Paper Topics 1) Research the role interest groups played in the 2006 and 2008 elections for both the presidency and the Congress. Which groups made what levels of contributions to which candidates? What do you believe were the goals of the groups in making those contributions? Which party’s candidates benefited the most from what interest groups? What positions did the presidential campaigns of Democratic candidate (and current president) Barack Obama and Republican John McCain take toward lobbyists? 2) Using the Internet or the library, look up state party organizations in three different states (for example, a Southern state, a New England state, and a Western state). Compare the Democratic and Republican parties from those states on a variety of indicators, including issue positions, platforms, and organization. Are they different? How and why? 3) Talk with, or invite to class, some local party activists. Ask them to talk to you about what they do in the party, why and how they got involved in politics, and the issues that they consider important. Does the information you learn ring true with what you have read in the text? 4) Interview several lobbyists (or ask your professor to invite several lobbyists to talk to your class). Discuss how they see their job and what tactics work and which ones don't. What issues do they deal with and what do they offer to politicians? How do they define a successful lobbyist? After talking with the professional lobbyists, what do you think about lobbying now? Does it seem less “unsavory”? Do the media do lobbyists justice in their coverage? 5) As a class project, form an interest group. Decide what issue(s) you will promote and how you would promote them. What strategies and tactics would you use? How would you attract members? How would you ensure the success of your group? 195 Web Sites The National Political Index features a Web page titled “Contacting Political Parties” with scores of links to the two major parties, third parties and minor parties, along with associated links. http://www.politicalindex.com/sect8.htm EdGate, a service of USAToday, offers an illustrated history of political parties in the United States. http://www.edgate.com/elections/inactive/the_parties Third Party Central offers links to third parties. http://www.3pc.net/index.html The American Library Association hosts an Internet Resources page on political parties and elections with links to a wide range of related information. http://www.ala.org/ala/mgrps/divs/acrl/publications/crlnews/2004/jul/elections.cfm The Democratic National Committee site. http://www.democrats.org The Republican National Committee site. http://www.gop.org The Reform Party. http://reformpa.web.aplus.net The Libertarian Party. http://www.lp.org The Green Party. http://www.greenparty.org Open Secrets, sponsored by the Center for Responsive Politics, maintains a searchable Washington lobbyist database. http://www.opensecrets.org/lobbyists/index.asp Public Citizen, a nonprofit, nonpartisan consumer advocacy group, maintains a special interests reports page listed by industry group. http://www.citizen.org/congress/special_intr/index.cfm American Association of Retired Persons (AARP) is an interest and advocacy group devoted to the interests of those over 50. http://www.aarp.org 196 American Civil Liberties Union (ACLU) offers information on the entire Bill of Rights, including racial profiling, women's rights, privacy issues, prisons, drugs, etc. Includes links to other sites dealing with the same issues. http://www.aclu.org AFL-CIO is the largest trade union organization in America. Their Web site offers policy statements, news, workplace issues, and labor strategies. http://www.aflcio.org The United States Chamber of Commerce is a business-oriented interest group whose Web site offers articles of interest, policy information, and membership info. http://www.uschamber.org Common Cause was one of the first public interest groups. They promote responsible government. http://www.commoncause.org Mexican American Legal Defense and Education Fund (MALDEF) Web site offers information on Census 2000, scholarships, job opportunities, legal programs, regional offices information, and more. http://www.maldef.org Native American Rights Fund (NARF) Web site offers profiles of issues, an archive, resources, a tribal directory, and treaty information, as well as a lot of other information. http://www.narf.org The National Association for the Advancement of Colored People (NAACP) Web site offers information about the organization, membership, and issues of interest to proponents of civil rights. The site also has sections on the Supreme Court, Census 2000, the Education Summit, and links to other Web sites. http://www.naacp.org The National Rifle Association (NRA) is a highly effective interest group on behalf of its members. Its Web site offers information on gun ownership, gun laws, and coverage of legislation on associated issues. http://www.nra.org National Organization of Women (NOW) Web site offers information on the organization and its issues/activities including women in the military, economic equity, reproductive rights, and so on. They offer an email action list and the ability to join NOW online. Also has links to related sites. http://www.now.org 197 Practice Tests MULTIPLE CHOICE QUESTIONS 1) According to Table 11.2, members of which of the following groups are most likely to identify themselves as Democrats? A) blacks B) Westerners C) liberals D) union members E) those with an advanced degree 2) According to Table 11.2, members of which of the following groups are most likely to identify themselves as Republicans? A) those over 50 B) those who earn less than $30,000 C) those who are married D) Southerners E) evangelical Christians 3) Party identification is affected by one’s A) race or ethnicity. B) geographic region. C) social and economic status. D) marital status. E) All of the above. 4) The first major national presidential nominating convention was held in A) 1796. B) 1832. C) 1892. D) 1924. E) 1968. 5) A party organization that recruits its members with tangible incentives such as jobs and is characterized by a high degree of control over member activity is called a A) mob. B) machine. C) patron. D) boss. E) patriarch. 6) The era of machine politics was replaced with A) smoke-filled rooms. B) patronage. C) party-centered party politics. D) candidate-centered politics. E) All of the above. 198 7) The gradual change in partisanship in the South from Democratic to Republican during the 1990s is an example of a A) secular realignment. B) graduation realignment. C) critical realignment. D) party realignment. E) ticket split. 8) One of the main functions of a party is electioneering, which includes A) recruiting candidates. B) determining the constitutionality of election laws. C) advising the president. D) negotiating with Congress. E) designing and implementing TV political ads. 9) Funds which can be used for direct electioneering, but are limited and regulated are called ___________. A) coffee cash. B) soft money C) hard money D) open funds E) unlimited funds 10) Third parties are most likely to be rooted in A) patriotism. B) nationalism. C) charismatic personalities. D) transportation policies. E) multi-issue politics. 11) The American Independent Party enjoyed a modicum of success because of A) a dynamic leader in George Wallace. B) a firm geographic base in the North. C) a sedate issue with civil rights. D) a realignment. E) All of the above. 12) The head of the national party is the A) party’s most recently defeated presidential candidate. B) secretary of the party. C) national convention chair. D) party’s most recent former president of the United States. E) chairperson of the national committee. 199 13) A party meeting held to nominate a candidate and formulate a platform is known as a A) convocation. B) conclave. C) concubine. D) coalition E) convention. 14) According to Table 11.2, members of which of the following groups are most likely to identify themselves as independents? A) Protestants B) Catholics C) men D) Hispanics E) those with a college degree 15) The tendency to form small-scale associations for advancement of the public good is known as A) Social Capital B) Civic Virtue C) Interest Groups D) Disturbance theory E) Common Cause 16) Interest groups engage in all of the following activities to influence the outcome of elections EXCEPT A) recruiting candidates. B) running candidates for office. C) orchestrating get-out-the-vote drives. D) rating candidates on various issues E) forming political action committees. 17) The percentage of the population who were members of labor unions peaked A) during the Great Depression. B) in the late 1940s while the economy still focused on manufacturing and farming. C) in the early 1980s as a service-based economy boomed. D) during the presidency of Jimmy Carter. E) during the high-tech bubble of the 1990s. 18) Which of the following techniques is used by almost all lobbyists and interest groups? A) testifying at legislative hearings B) endorsing candidates C) working on elections D) filing lawsuits or otherwise engaging in litigation E) protest and demonstrations 200 19) The strongest link probably exists between interest groups and A) state governors. B) the president. C) regulatory agencies. D) the Supreme Court. E) the lower federal courts. 20) A federally mandated, officially registered, fund-raising organization that represents an interest group is known as a/an A) economic interest group. B) governmental unit. C) political action committee. D) lobbying group. E) trade association. TRUE/FALSE QUESTIONS 1) George Washington was the founder of the American political party system. 2) Presidents have more power than do state governors because presidents are the official leaders of their congressional party. 3) Republican office holders have become increasingly conservative. 4) The Framers did not foresee the influence of special interests and so made no provisions in the Constitution to counter it. 5) Contemporary national nominating conventions are choreographed to project the best image to the American people. 6) Third parties that are often built around a single issue or a charismatic candidate are unlikely to attain long-term viability. 7) National party chairpersons do a substantial amount of the planning for presidential nominating conventions. 8) Restrictive ballot laws, campaign finance rules, and the inertia of a two-party system have made it difficult for third parties to become viable. 9) People with low incomes are just as likely to join interest groups as those with high incomes. 10) Interest groups do not run candidates for office. 201 ESSAY AND SHORT ANSWER QUESTIONS 1) What are party platforms? How useful are these to voters? 2) What was the “Golden Age” of parties? 3) How did political machines affect the development of political parties? 4) How can political parties act as cues for citizens? 5) Why do third parties tend to remain minor? 6) What happens at national political conventions? 7) Discuss the basic structure of American political parties on the state and local level. 8) Discuss and evaluate the reasons for the party affiliation of college students. 9) What are the roles and functions of political parties in America? Do parties play a worthwhile role in the American political system? 10) How are political parties organized in America? What effect does this have on the political system? 202 CHAPTER 12 VOTING, ELECTIONS, AND CAMPAIGNS Chapter Goals and Learning Objectives Do you vote? Do your friends and family vote? Probably, you know people who consider voting meaningless. Or they consider the process of voting too cumbersome for so little impact. Of course, ask Al Gore if a handful of votes matter. A few more people showing up at the polls across Florida in November of 2000 and the presidential election would not have produced such a questionable and controversial outcome. And had a minor percentage of the total votes cast in the 2004 election in key states shifted because of increased voter turnout, George W. Bush would have moved back to Texas and John Kerry would have moved into the White House in 2005 rather than back to the Senate. Elections in America allow a peaceful and legitimate transfer of power. The United States has more elections more often than any other country in the world. We also have the lowest turnout of the industrialized countries—fewer than half of our eligible voters vote on a regular basis. There are a wide variety of explanations for nonvoting. There are even those who claim that having a low voter turnout is a good thing and increases stability in the political system. Others argue that reform is necessary to increase voter turnout. After the 2000 presidential election, where some argue the votes of five Republican members of the U.S. Supreme Court rather than the votes of the people of Florida were the final arbiter of who would be president, calls for reform of the Electoral College system were widespread. In 2008, however, many Americans, particularly young Americans, experienced a newfound interest in voting and in the campaign process thanks to the historic candidacy of Barack Obama for the presidency. Many young Americans followed the campaign, registered to vote and took part in the political process in greater numbers than ever before. Is the phenomenon of the Obama campaign an anomaly or have young voters awakened to the importance of political campaigns and voting? Only the arrival of the next major election cycle will tell us. Many factors weigh against it, unfortunately. American political campaigns are long and expensive. We have more elections than most other countries and they last longer, too. Our campaigns also seem to turn a large number of voters off the process entirely. People say they hate negative campaigning, but negative campaign ads work. Many Americans believe that wealthy donors and political action committees have a disproportionate influence on the process. Do candidates sell themselves on TV as advertisers sell toothpaste or soap, processed and packaged like products for sale? Indeed, the art of electioneering has seemingly merged with the science of marketing and advertising. Yet the goals of campaigning remain the same: Get voters’ attention and get their votes. How candidates pursue these goals is the subject of this chapter along with the process of voting and elections. 203 This chapter is designed to give you an overview of voting and elections in the United States. The main topic headings of the chapter are: Roots of Voting Behavior Presidential Elections Congressional Elections The Media’s Role in the Campaign Process The Main Event: The 2008 Presidential Campaign Toward Reform: Campaign Finance In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of voting behavior and distinct patterns in voter turnout and vote choice how presidential elections work, including the primaries, national conventions, and the Electoral College how congressional elections work and how they differ from presidential elections (even though they share many similarities) the coverage of campaigns by the media—the role of the conventional and new media’s depict the political territory, and how campaigns try to influence media coverage the historic 2008 presidential campaign and the lessons learned from it current campaign finance reform efforts along with the impact of 527 and 501(c) advocacy groups on American campaigns and politics Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. the 2008 presidential primaries— first time since 1928 presidential candidate slate was so constituted— historical significance of candidacies of Hillary Clinton and Barack Obama— Republican presidential primary— 204 Tuesday following the first Monday in November every odd-numbered year— the increase in the size of the electorate and the number of elections— Roots of Voting Behavior research on voting behavior seeks primarily to explain two phenomena— Patterns in Voter Turnout turnout— percentage of eligible adult population in U.S. that votes regularly— percentage of eligible adult population in U.S. that occasionally votes— percentage of eligible adult population in U.S. that rarely or never votes— some factors known to influence voter turnout— Politics Now: Can Turnout Aid One Candidate?— Education and Income: highly educated vs. those with less education— higher income level vs. lower income— college graduates and people with advanced degrees— factors relating to higher education and voting— income level tied to education level to some degree— factors relating to higher income levels and voting— factors relating to lower income levels and voting— consequences of “classless” U.S. political parties— Age: strong correlation between age and voter participation— effect of Twenty-Sixth Amendment— older than thirty vs. younger than thirty— reason for decline in voting in over seventy age bracket— 205 percentage of 13-24 year olds registered to vote in 2004 presidential election— increased number of young voters in 2008— Ideas into Action: Motivating Young Voters— Gender: women voting vs. men in period following ratification of Nineteenth Amendment— women voting in recent years— women as percentage of general population and as part of the American electorate— Race and Ethnicity: whites vs. African-American voters— whites vs. other minority group voters— factors in the persistent difference in voting rates between white and black voters— highly educated and wealthier African American voters vs. whites of similar background— long-term consequence of voting barriers African Americans historically faced— lower voter turnout in South— Voting Rights Act of 1965— Hispanic vote— key variables regarding Hispanic vote— Interest in Politics: serving as a gateway to participation— people interested in politics are a small minority of U.S. population— 206 percentage of population that contribute time or money to a party or candidate— Why is Voter Turnout So Low? how does the United States match up against other nations in the industrialized world with regard to voter participation?— percentage of U.S. voter participation in 1960, 1996, and in 2008— reasons U.S. nonvoters give for not voting— Too Busy: percent of register nonvoters who state they were too busy to vote in a recent election— percent who claimed they were ill, disabled, or had family emergency— what these reasons may actually reflect as to why these people did not vote— Difficulty of Registration: the majority of registered voters do vote— Percentage of Registered Voters by Age, Race/Ethnicity, and Gender, 2004 (Figure 12.1)— reasons for low U.S. registration rate: 1) 2) effect of strict registration laws on voting— effect of easier registration on voting— National Voter Registration Act of 1993 (Motor Voter Act)— Difficulty of Absentee Voting: onerous requirements in some states— 207 Number of Elections: U.S. number of elections vs. other Western democracies— consequence of two-year term of office for members of U.S. House of Representatives— effect of American federalism— Patterns in Vote Choice some of the most prominent correlates of vote choice— Party Identification: effect of party identification on vote choice— Issues: “it’s the economy, stupid”— how the economy drives voter decisions— retrospective judgment— prospective judgment— Types of Elections primary elections— closed primary— open primary— crossover voting— raiding— runoff primary— Louisiana's twist on the primary system— general elections— initiative— referendum— 208 recall— Presidential Elections sequential events in the presidential election process— The Nomination Campaign nomination campaign— party leaders’ concerns vs. activists’ concerns— Primaries Versus Caucuses: trend from caucuses to primary elections— number of states with primaries; number of states with caucuses— the oldest, most party-oriented method of choosing delegates to the national convention— traditional characteristics of caucuses— criticisms of caucuses by reformers— new participatory caucuses— front-loading— accelerating trend in front-loading (Figure 13.4)— important effects of front-loading on the nomination process: 1) 2) Internet fundraising’s effect of softening early fundraising advantages— Internet fundraising in 2008 presidential race— The Party Conventions: when are the national party conventions held?— which party traditionally holds its national convention first?— television coverage— 209 three ways national party conventions are different today— 1) 2) 3) Delegate Selection: role of party leaders in delegate selection today— delegate selection today is a function of what?— effect of recent reforms, especially by Democratic Party, regarding delegates selection— why is it less important today than before as to who the delegates are at the convention?— similarities and differences between the two parties in delegates at their conventions— percentage of minorities and women at 2008 National Democratic Convention— Historic Moments for Women at the Conventions (Table 12.1)— percentage of minority and ethnic delegates to 2008 National Republican Convention (and decline from 2004)— The General Election Campaign general election campaign— candidates must seek support of two groups— courting interest groups— what interest groups usually support Democrats— what interest groups usually support Republicans— the most active interest groups often coalesce around what issues and to what result to the candidate they support?— adopting a theme or slogan— 210 The Key Players: The Candidate and the Campaign Staff most important aspect of any campaign— what is in the candidate’s hands— what is in the campaign staff’s hands— The Candidate: why candidates run for office— what candidates must do to be successful— The Campaign Staff: the entities that make up the campaign staff— responsibilities of the campaign staff— determinants of the size and nature of the organizational staff— the type staff for a Senate or gubernatorial race— the type staff needed for a state legislative race— the type staff need for a presidential campaign— role of volunteers— voter canvass— get out the vote (GOTV)— The Candidate’s Professional Staff: campaign manager— finance chair— pollster— direct mailer— communications director— press secretary— Internet team— 211 The Electoral College: How Presidents Are Elected Electoral College— electors— number of electors— correlation to congressional representation— Electoral College was result of compromise between two groups— three essentials reasons why the Framers constructed the Electoral College— 1) 2) 3) complex nature of Electoral College as originally designed and implemented by the Framers— candidate with the most votes and the runner-up— when the House of Representatives would decide the election— Electoral College in the Nineteenth Century: 1800 presidential election revealed flaw in Electoral College— Twelfth Amendment (1804)— Electoral College as amended by the Twelfth Amendment— three occasions in the nineteenth century when the Electoral College process resulted in the selection a president who received fewer votes than his opponent: 1) 1824— 2) 1876— 3) 1888— 212 The Electoral College in the Twentieth and Twenty-First Centuries: 1992 election— 2000 election— Bush v. Gore (2000)— reapportionment— projections for the upcoming 2010 census— projected reapportionment would favor which party?— The States Drawn in Proportion to their Electoral College Votes (Figure 12.2)— Congressional Elections attention given congressional elections compared to presidential elections— attention given most candidate for Congress as opposed to major party presidential contenders and celebrity nominees for Congress— who the vast majority of party nominees for Congress are— biggest battle for most party nominees for Congress— The Incumbency Advantage incumbency— incumbents reelected in 2008— congressional reelection rates— Redistricting: what the Constitution requires that representation in the House of Representatives be based upon— Constitution requires that each state have at least how many delegates to the House?— congressional district must be redrawn to reflect _____, so that each member in the House will represent approximately _______ of residents— the two states that are the exception to this rule and why— 213 redistricting— why redistricting is a political process— gerrymandering— why legislators end up drawing oddly shaped district to achieve their goals— after 2000 report of the census, the courts threw out legislative maps in a half-dozen states, primarily because of what reason?— Supreme Court rulings on redistricting over the years: 1) 2) 3) 4) The Impact of Scandals: why incumbents implicated in scandals typically do not lose reelection— Rep. Mark Foley (R-FL)— Rep. Tom DeLay (R-TX)— Rep. Bob Ney (R-OH)— Tim Mahoney (D-FL)— Presidential Coattails: effect of successful presidential candidates on congressional candidates of the same party in the year of their election— Midterm Elections: midterm elections— why the president’s party usually loses seats in Congress during midterm elections— Congressional Election Results, 1948-2008 (Table 12.2)— 214 2002 midterm elections-sixth year of a two-term presidency— Senate elections and off-year patterns— The 2008 Congressional Elections: momentum from 2006 midterm election— upsets in special elections— retiring members favored which party in 2008 and how?— fundraising advantage for 2008— 2008 Senate races— 2008 House races— national political climate in 2008— Democratic majorities in the two chambers of the 111th Congress— the 111th Congress and President Obama— Results of Selected Congressional Elections, 2008 (Table 13.4)— The Media’s Role in the Campaign Process paid media— free media— new media— new media driven by campaign but also by outside sources— Paid Media positive ads— negative ads— contrast ads— spot ads— 215 how well-known incumbents handled negative ads before the 1980s— well-publicized defeats of incumbents in early 1980s from negative ads changed how candidates responded to negative ads— inoculation ads— Free Media control of free versus paid media— how the news media cover campaigns— media practices and coverage of campaigns— effect of media’s expectations on how public views a candidate— media's use of public opinion polls— effect of the tone of media coverage on a campaign— The New Media new array of weapons available to campaign— “rapid-response” technique— change from the campaign methods of the 1970s and early 1980s— first widespread use of the Internet in national campaigning— first use of the Internet in national campaigning— change in how Internet used in 2000 campaign— use of Internet in campaigns in 2006— use of Internet in campaigns in 2008— use and aspects of blogs in campaigns— social networking— The Main Event: The 2008 Presidential Campaign historic 2008 election campaign— referendum on Bush policies— 216 Democratic presidential nominee's fundamental advantages— doubts about Republican presidential nominee— polls showing undecided voters— The Party Nomination Battles crowded initial field of candidates for Democratic presidential nomination— crowded initial field of candidates for Republican presidential nomination— Democratic candidates in spring, summer, and autumn of 2007— 2004 keynote address to Democratic National Convention— Obama's star power— Iowa caucuses— New Hampshire primary— Hillary Clinton in primaries— later primaries— nature of Republican presidential nomination contest— fifteen 2007 Republican presidential candidates' debates— Mitt Romney— Fred Thompson— Mike Huckabee— New Hampshire primary— later primaries— The Democratic and Republican Conventions "dream ticket"— Joe Biden— August Democratic National Convention in Denver— 217 impact of Hillary Clinton— Barack Obama's acceptance speech— McCain's announcement of selection of Alaska Governor Sarah Palin as his running mate— Palin's vice-presidential candidacy— September Republican National Convention in St. Paul— speeches by George W. Bush and Dick Cheney cancelled— Palin's address to the convention— McCain's acceptance speech at convention— The Debates and the General Election Campaign first presidential debate— McCain "suspended" his campaign— audience for first debate and resulting opinion polls— negative impression forming about Sarah Palin— Palin's TV interviews with Charlie Gibson and Katie Couric— vice-presidential debate between Biden and Palin— audience for vice-presidential debate— Palin on Saturday Night Live— second presidential debate— reaction of viewers as to who won second debate— final presidential debate— McCain's performance— "Joe the Plumber"— reaction of viewers as to who won third debate— opinion polls take after last debate— 218 fluctuating support for the two presidential tickets— support for Republican ticket at the state level— McCain's effort to change the dynamics of the race— Obama's campaign plans— McCain attempts to distance himself from President Bush— sowing doubt in voters' minds as to Obama's readiness to be president— McCain campaign choice not to use controversy over Reverend Jeremiah Wright and not to tout heavily Senator McCain's numerous bipartisan accomplishments— final two weeks of campaign— Election Results and Analysis early returns on election night— results for battleground states— Ohio results— California results— McCain's call to Obama and concession speech— Obama's victory speech— Electoral College landslide— result of popular vote— historic voter turnout— expectations of analysts for 2008 campaign and actual results based on Obama's strategy— Obama campaign's decision to opt out of public financing— McCain campaign's more traditional strategy— Obama's strong performance among key voting groups— Obama's disciplined, innovative campaign— 219 Toward Reform: Campaign Finance Federal Election Campaign Act (FECA) of 1971— Presidential Public Funding Program— Federal Elections Commission— Senators John McCain (R-AZ) and Russell Feingold (D-WI)— Bipartisan Campaign Reform Act (BCRA) of 2002— “fast track” provision of BCRA— reason for this provision— Senator Mitch McConnell (R-KY) and National Rifle Association file separate lawsuits against BCRA claiming what?— McConnell v. FEC (2003)— Federal Election Commission v. Wisconsin Right to Life (2007)— what the decisions in these two cases indicated— Current Rules BCRA after McConnell decision of 2003— what the BCRA outlaws— soft money— Individual Contribution Limits Per Election Cycle Before and After Bipartisan Campaign Reform Act of 2002 (Table 12.3)— the goal of all limits— Individual Contributions: individual contributions— current maximum allowable contribution under federal law for congressional and presidential elections in 2007-2008— limit in 2007-2008 on an individual’s gifts to all candidates, PACs, and parties combined in each calendar year— most candidates received majority of all funds directly from individuals— 220 strict disclosure law for individuals who spend over $10,000 to air “electioneering communications”— rationale behind this regulation— Political Action Committee (PAC) Contributions: political action committees (PACs)— current limits on PAC contributions— PACs registered with FEC— PAC contributions in 2006 election cycle— why corporate PACs give primarily to incumbents— which PACs more likely to support challengers— BCRA attempts to control PACs— PACs forbidden to use corporate or union funds for what?— rationale behind this regulation— Expenditures by PACs in the 2008 Election Cycle (Figure 12.3)— Political Party Contributions: parties can give substantial contributions to their congressional nominees— current limits on contributions by political parties— political party contributions in 2006— percentage of total campaign war chest from parties in contested races— Member-to-Candidate Contributions: contributions from electorally secure incumbents— "leadership" PACs— major supplement to campaign resources contributed by the party campaign committees; why?— 221 Candidates’ Personal Contributions: contributions from candidates and their families— Buckley v. Valeo (1976)— the meaning for wealthy candidates— Mitt Romney's record personal expenditures for his failed quest for the 2008 Republican presidential nomination— most self-contribution candidates spend less than what amount?— Public Funds: public funds— the only federal candidates to receive public funds— a few local and state candidates— Federal Elections Campaign Act (FECA) controls— how a presidential candidate qualifies to receive public funds during the nominating contest— matching funds— Presidential Election Fund— how it is funded— in 2008 primaries all the major candidates opted out of federal matching funds— procedures for general election funding of the two major-party presidential nominees— if candidate accepts the money?— if candidate refuses the money?— Barack Obama rejected general election public funding; why and to what result?— third-party candidate funding in general election— 222 Soft Money and the 527 Loophole soft money— soft money contributions now prohibited by the 2002 Bipartisan Campaign Finance Reform Act (BCRA)— current rules for third-party issue ads— soft money raised by Republican and Democrats during 2001-2002 (the last election cycle for the parties to use soft money)— reformers hoped-for result of soft money ban and the loophole that resulted— loophole found in 2004 to go through BRCA— 527 political committees— IRS tax code and 527s— Analyzing Visuals: The Ten Most Active 527 Groups in 2008— sham issue ads— why money that would have entered the system as unregulated soft money in previous election cycles ended up in the hands of 527 organizations in 2004— BRCA now forbids 527-funded ads thirty days before a primary and sixty days before a general election— 527s exist in both political camps— pro-Democratic 527s— Media Fund and Americans Coming Together (ACT)— spending by pro-Democratic 527s in 2004— 501(c)(3) committees— why 501(c)(3) committees are beginning to rival 527s' popularity as soft money conduits— likelihood of abolishing 527s and 501(c)(3) committees— an obvious lesson of the BCRA— 223 Research Ideas and Possible Paper Topics 1) Many scholars argue that low voter turnout is due to electoral rules, frequency of elections, apathy, etc. Discuss how you would change these impediments to voting and discuss the impact increased voter turnout would have on the electoral process. Was the increased voter turnout in the 2008 elections an anomaly or a harbinger of change? Explain your reasoning. 2) Look at several sources discussing the Electoral College. What reforms have been proposed? How useful is the Electoral College now? Would you advocate a different approach? Does it matter that a presidential candidate can lose the popular vote and still become president as in the 2000 election? Hold a debate in class on the merits of the various routes to reform. 3) Research and analyze the campaign for president in the 2008 election. Examine Barack Obama's campaign organization and John McCain's campaign organization. Place yourself in the position of the campaign managers and key advisors for both campaigns. What where the plans developed and implemented for media, issues, polling, fundraising, scheduling, travel, get out the vote, and other aspects of the campaign and how did they change during the course of the general election campaign? What would you have done differently if you were the campaign manger for the McCain campaign? For the Obama campaign? 4) Write an essay about the 2008 presidential debates. What were the strategies used by Obama and by McCain and how effective were they in getting across their respective campaign messages. What tactics, etc. helped the two win points in the debates? 5) Research the current campaign finance laws and the reform measures recently passed by Congress and interpreted by the courts. Once you understand the nature of the laws and their purpose, devise a reform plan of your own. And consider how you would sell it to the people, the incumbents in the House and Senate, the president, and other interested parties. Web Sites Project Vote-Smart is a nonpartisan information service funded by members and nonpartisan foundations. It offers “a wealth of facts on your political leaders, including biographies and addresses, issue positions, voting records, campaign finances, and evaluations by special interests.” It also offers “CongressTrack,” a way for citizens to track the status of legislation, members and committees, sponsors, voting records, clear descriptions, full text, and weekly floor schedules, as well as access to information on elections, federal and state governments, the issues, and politics. Includes thousands of links to the most important sites on the Internet. www.vote-smart.org 224 The American National Election Studies Web site is a key source of data on voting behavior. www.electionstudies.org Campaigns and Elections magazine's Web site is oriented toward campaign professionals but is also useful to teachers and students. It offers articles, their table of contents from the print version, job opportunities, and more. politicsmagazine.com The Federal Election Commission (FEC) Web site offers campaign finance information, a citizens' guide to political contributions, news and information about elections and voting. Includes data about state regulations on voting (registration and residency rules, etc.) as well as elections data from a variety of elections. www.fec.gov Rock-the-Vote is an organization dedicated to getting young people involved in politics. www.rockthevote.org The League of Women Voters provides information to voters across the country on state, federal, and local elections and works to encourage election reform and campaign finance reform. Their Web site offers an interactive section on election information. www.lwv.org The Office of the Federal Register coordinates the functions of the Electoral College on behalf of the Archivist of the United States, the States, the Congress and the American people. This site assembles a variety of information and statistics on the Electoral College, past and present. www.archives.gov/federal_register/electoral_college/index.html The Census Bureau has information on voter registration and turnout statistics. www.census.gov/population/www/socdemo/voting.html Democratic Congressional Campaign Committee-DCCC www.dccc.org Democratic Senatorial Campaign Committee-DSCC www.dscc.org National Republican Congressional Committee-NRCC www.nrcc.org National Republican Senatorial Committee-NRSC www.nrsc.org The Washington Post On Politics Web site reports on campaigns and elections. (Requires free registration with The Washington Post.) www.washingtonpost.com/wp-dyn/politics/elections Brookings Institution's Campaign Finance Web page www.brookings.org/gs/cf/cf_hp.htm 225 Common Cause offers information on soft money donations, PAC contributions, and voting records on campaign finance issues as well as other information. www.commoncause.org The Public Campaign offers articles on campaign finance reform at the state and national levels as well as numerous links. www.publicampaign.org Open Secrets, the Web site for the Center for Responsive Politics, documents the money raised and spent by congressional candidates, individual donors, and PACs. It includes information on large soft money donations and the financial disclosure reports of members of Congress. www.opensecrets.org The Center for Public Integrity, which conducts investigative research and reporting on public policy issues, hosts a Web page featuring news and information about 527 political nonprofits. www.publicintegrity.org/527 Practice Tests MULTIPLE CHOICE QUESTIONS 1) Which of the following helps explain why those with more education tend to vote more? A) They are more patriotic. B) They are less likely to believe in third parties. C) They are less hindered by registration requirements. D) They are more self-conscious about their ability to influence public life. E) All of the above. 2) The Twenty-Sixth Amendment A) allows felons to vote if they have completed their sentence. B) allows felons to vote if they are on probation. C) allows women to vote. D) allows eighteen-year-olds to vote. E) mandates that congressional districts be of equal size. 3) Which of the following statements is accurate? A) Hispanics vote more than African Americans; African Americans vote more than whites. B) Hispanics vote more than whites; whites vote more than African Americans. C) African Americans vote more than Hispanics; Hispanics vote more than whites. D) Whites vote more than Hispanics; Hispanics vote more than African Americans. E) Whites vote more than African Americans; African Americans vote more than Hispanics. 4) One common reason college students say they do not vote is that A) they travel too much. B) they were too busy. C) they are not smart enough. D) older voters do not respect their opinions. E) they often lack picture identification. 226 5) Which of the following would be the least likely to improve voter turnout in the United States? A) easing the absentee ballot process B) making Election Day a holiday C) requiring all voters to show photo identification D) strengthening the political parties E) creating a greater political awareness through education 6) Which of the following is a reason for the low U.S. voter registration rate? A) Citizens are responsible for registering themselves; the government does not do it for them. B) The time and effort required to register to vote is relatively low. C) Most states permit Election Day voter registration. D) The Motor Voter act has made it more difficult to register. E) Election Day is a national holiday in the United States. 7) According to Figure 12.2, who of the following is least likely to be registered to vote? A) an eighteen-year-old B) an African American C) an Hispanic D) a man E) a woman 8) Which of the following statements about the voting rights of felons is accurate? A) The Supreme Court has ruled that felons cannot be deprived of the constitutional right to vote once they have completed their sentences. B) The Supreme Court has ruled that convicted felons are no longer U.S. citizens and, therefore, are ineligible to vote. C) Some states allow felons who have served their sentences to vote, while others do not. D) The recent trend is for increasingly strict restrictions on voting rights for felons. E) Felons who are on probation can vote, but those who are on parole cannot vote. 9) Who is selected in a general election? A) officeholders B) candidates C) generals D) party leaders E) None of the above. 10) Some people favor the use of caucuses to select party nominees because A) caucus participants tend to be more knowledgeable. B) caucuses increase the influence of the media. C) caucuses have higher participation. D) caucuses are quicker and easier, an important advantage for those with busy schedules. E) All of the above. 227 11) Which of the following is an example of voter canvassing? A) going door-to-door to solicit votes B) fundraising activities C) campaign rallies D) televised debates E) campaign ads 12) The communications director is responsible for A) writing letters to campaign volunteers. B) purchasing cell phones, computers, Blackberries, and other electronic devices for the campaign. C) the candidate's overall media strategy. D) briefing the candidate on the day’s news. E) All of the above. 13) According to Figure 12.3, which of the following states have three members of the Electoral College each? A) Hawaii, Alaska, and Washington B) Louisiana, Arkansas, and Oklahoma C) Montana, Wyoming, and Vermont D) Delaware, Wisconsin, and South Dakota E) Colorado, Rhode Island, and Maryland 14) According to Figure 13.6, the Seventeenth District of Illinois is an example of A) redistricting. B) reapportionment. C) gerrymandering. D) the incumbency advantage. E) logrolling. 15) According to Table 12.2, in which year was the sixth-year itch in the Senate the largest? A) 2006 B) 1998 C) 1986 D) 1958 E) The sixth-year itch was equal in each of the years listed above. 16) Free media includes A) campaign coverage paid for by a surrogate. B) television news coverage of a campaign. C) Internet ads paid for by the campaign. D) ads the candidate pays for but which are then reimbursed under federal guidelines. E) None of the above. 228 17) The general term for an ad that focuses on the candidate’s qualifications, family, and issue positions without referencing the opponent is A) positive ad. B) negative ad. C) spot ad D) contrast ad. E) inoculation ad 18) An incumbent knows that he accepted some questionable campaign contributions in a previous election and he is afraid that his current challenger is going to try to use them to embarrass him. What strategic move should the incumbent consider? A) move to the extremes B) move to the center C) launch a GOTV effort D) produce an inoculation ad E) challenge the candidate to a debate 19) In ________, the Supreme Court ruled that there could be no limits placed on candidates' expenditures of their own funds, since such spending is considered free speech. A) Buckley v. Valeo B) Nixon v. U.S. C) Rockefeller v. U.S. D) Perot v. Reno E) Kerry v. U.S. 20) The Presidential Election Campaign Fund is made up of contributions from A) corporations. B) PACs. C) individual taxpayers. D) political parties. E) public interest groups. TRUE/FALSE QUESTIONS 1) More young people voted in 2008 than in 2004. 2) The Motor Voter Law of 1993 was designed to help increase voter turnout. 3) The theory of prospective judgment states that people vote based on what they think a candidate will do if he or she is elected. 4) While crossover is common, raiding is rare. 5) One of the dangers involved in the nomination campaign is that candidates move towards the extremes to win the party faithful, but are then not moderate enough to win the general election. 6) The United States replaced the Electoral College with a system of regional primaries to elect the president every four years. 229 7) Redistricting is often done for partisan gain. 8) The president’s party usually gains seats in Congress in presidential years, but loses seats in midterm years. 9) The Federal Election Campaign Act was Congress’s first attempt to regulate campaign finance. 10) Public funds for campaigns come from general tax revenues. ESSAY AND SHORT ANSWER QUESTIONS 1) Name two reasons for low voter turnout and discuss them. 2) Compare and contrast open and closed primaries. 3) Describe the components of the nomination campaign. 4) What are the consequences of front-loading? 5) What are the major differences between presidential and midterm elections? 6) How do campaigns attempt to use paid advertisements to influence voters? How do campaigns attempt to manipulate the free media to influence voters? How well do they work? 7) What proposals exist to increase voter turnout, and how effective are they likely to be? Does voter turnout matter? 8) Should felons be allowed to vote? Why or why not? If felons were enfranchised, what impact would this have on voter turnout and vote choice, given what you know about how these phenomena are affected by race, gender, education, and income? 9) Discuss the major components of the Bipartisan Campaign Reform Act of 2002. What has the Supreme Court said about this law? 10) To what extent have 527 and other similar political committees replaced soft money? The authors argue that effective campaign finance reform will be difficult because “Interested individuals will always find ways to have their voices heard.” Do you agree with this assertion? Why or why not? 230 CHAPTER 13 SOCIAL AND ECONOMC POLICY Chapter Goals and Learning Objectives Intended to improve the quality of life for all segments of society, especially the less fortunate, domestic policy involves a broad and varied range of government programs. These policies and programs are designed to provide people with protection against want and deprivation, to enhance their health and physical well-being, to provide educational and employment opportunities, and otherwise to enable them to lead more satisfactory, productive, and meaningful lives. These social policies are meant to benefit all members of society, but especially the less fortunate. Social welfare policy focuses on issues such as income security and medical care. The idea behind these programs and policies is that these services are so worthy to society as a whole that the government should provide the services regardless of the ability of the recipients to pay. The question of where the line should be drawn between government and individual responsibility for these services and goods is the essence and scope of social welfare policy development. The question that is asked is, “In a civilized society, what obligation does the government (in other words, the community or nation as a whole) owe to promoting the social welfare of its people?” Issues of income security health care are closely related to the economic policies of the county which, if successful, enable leaders to fund social programs. Americans tend to measure their quality of life by their relative economic well-being. Americans impact the economy by their faith in their leaders’ economic policies, as reflected in measures of consumer confidence. Americans intrinsically know that politics and economics are two sides of the same coin. The government and economy are, indeed, closely intertwined. In the early years of the republic, the federal government did little to regulate the economy. Following the era of large trusts and monopolies, the government substantially regulated business. Since the 1970s, deregulation has become the dominant buzzword of economic policy. This chapter will cover these historical processes and help you come to an understanding of why the role of government in the economy changes over time, where we are now, and where we might be going. This chapter is designed to give you a basic understanding of the broad range of social and economic policies. The main topic headings of the chapter are: The Roots of Public Policy: Policy-Making Process Social Welfare Policy Toward Reform: Economic Policy In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) 231 In general, after you finish reading and studying this chapter, you should understand the following: the roots of public policy: the policy-making process domestic policy efforts in the past and today regarding the government’s commitment to income security and health care domestic policy efforts today in the area of income security and health care reform efforts related to economic policy including regulations, deregulation, stabilizing the economy, and monetary policy Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. health care reform issue in 1992 presidential campaign— health care reform efforts in Bill Clinton administration— health care reform issue in 2008 presidential campaign— public policy— Roots of Public Policy: The Policy-Making Process policy-making process model— Stages of the Public Policy Process (Figure 13.1)— policy making as a process of sequential steps: problem recognition— agenda setting— policy formation— policy adoption— budgeting— policy implementation— policy evaluation— 232 Problem Recognition and Definition not all distressing conditions require public policy solutions— some criterion needed— FEMA and Katrina— usually not a single, agreed-on definition of a problem which leads to political struggle often; why?— public policies frequently seen as problems or causes of other problems— Agenda Setting agenda— systemic agenda— governmental or institutional agenda— not all problems that attract officials’ attention have been discussed by general public— problems or issues may move onto an institutional agenda— issues emerge when?— problems or issues which might move onto an institutional agenda— Policy Formulation policy formulation— political aspect of policy formulation— technical aspect of policy formulation— routine formulation— analogous formulation— creative formulation— policy formulation by various players in the policy process— the people engaged in formulation are usually looking ahead toward what?— 233 Policy Adoption policy adoption— this approval gives the policy what?— what’s frequently required to achieve policy adoption?— legislative process involves a number of obstacles a bill must overcome before it becomes law— what the adoption of major legislation requires— not all policy adoption necessitates formation of majority coalitions— where final decision to veto rests— Budgeting money needed for most policies— budgetary process— effect of refusal to fund— 2006 decision by Bush administration not to seek funds for HOPE VI— effect of inadequate funding— policy and program review— opportunity for president and Congress to review governments policies and programs— Policy Implementation policy implementation— purview of administrative agencies— use of the courts— Politics Now: Supreme Court Action on Clean Air— authorized techniques by administrative agencies to implement public policies within their jurisdictions— authoritative techniques— 234 incentive techniques— capacity techniques— hortatory techniques— effective administration of public policy depends on what?— Policy Evaluation policy evaluation— possible players in policy evaluation— Government Accountability Office (GAO)— role of evaluation research and studies— demise of programs is rare— consequences for most troubled programs— policy-maker judgments and anecdotal and fragmentary evidence— Social Welfare Policy social welfare policy— what is at the heart of the debate over social welfare programs?— focus of social welfare programs has expanded; from what, to what?— The Origins of Social Welfare results of urbanization and industrialization— fears of an economic revolution— Great Depression of the 1930s— Social Security Act of 1935— Income Security: 235 Social Security Act of 1935— three major components of 1935 Social Security Act: 1) 2) 3) core of the Social Security Act— payroll tax— unemployment and Social Security— two basic purposes of Social Security unemployment fund— Social Security creation of a national system— two perceived flaws of national system— expansion of Social Security and its effect— Health Care: how governments in the U.S. had been active in health care— National Marine Service (established in 1789)— efforts to expand national health care coverage— Medicare and Medicaid— dramatic expanse of national government’s expenditures for and role in health care— Social Welfare income security programs— poverty threshold for a four-person family unit in 2008— non-means-based program— means-tested programs— types of means-tested benefits— 236 Non-Means-Based Programs: how social insurance programs operate— Old Age, Survivors, and Disability Insurance: how it began— extended in 1939 and 1956— Social Security not a pension program— how social insurance programs work— employee tax— 2008 employee tax level— equal tax on employer— people who pay a great share of their income into the Social Security Fund— a regressive tax— for people born before 1938, age when retirement benefits available — for people born in 1960s or later, age when retirement benefits available— average monthly Social Security benefit check for retired workers in November 2007— principal income for some— unearned income— beginning with change in 2004— Trustees of the Social Security Trust Fund 2006 prediction— estimate for 2017— Social Security Costs and Revenues, 1970-2080 (as percentage of taxable payroll (Figure 13.2)— pressures on the Social Security Trust Fund— 237 George W. Bush and privatization plans— President George W. Bush Commission to Strengthen Social Security— how the report of the “Commission to Strengthen Social Security” disappointed privatization proponents: 1) 2) 3) support for concept of individualized accounts as part of Social Security system— Republican measure to privatize Social Security after 2006 and 2008 elections and 2008 financial meltdown— Unemployment Insurance: how Social Security unemployment insurance works— state programs— what unemployment insurance covers— who gets paid?— how state programs differ— unemployment rate as of June 2008— Analyzing Visuals: Unemployment Rates by State— Means-Tested Programs: purpose of means-tested security programs— types of means-tested program— Supplemental Security Income: started as a grant-in-aid program under the Social Security Act— Supplemental Security Income (SSI) program created in 1974— 238 primary funding for SSI— to be eligible for SSI— monthly payments as of 2008— from little controversy to concerns that many programs were flawed— 1996, access to SSI and other programs limited by legislation— SSI funding under George W. Bush— Family and Child Support Aid to Families with Dependent Children (AFDC)— Temporary Assistance for Needy Families (TANF)— AFDC rolls expanded greatly since 1960— controversy over and criticisms of AFDC— Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)— shift from AFDC to TANF— key provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996: 1) 2) 3) 4) 5) 6) 7) George W. Bush and reauthorization of TANF programs— 239 Food Stamp Program: initial purpose of food stamp program (1939-1943)— later food stamp program— under Eisenhower and Kennedy— program changes in 1964 and 1974— opposition by congressional Republicans; support by congressional Democrats— food stamp program since 1977— calls for food stamp program reductions in mid-1990s— program in 2007— other national government food programs— The Effectiveness of Income Security Programs: entitlement programs— mandatory spending— effectiveness of the programs— effect of 2008 economic crisis— Health Care heath care for veterans and Indians— federal expenditures in 2007— projected federal expenditure for 2009— national government funds most medical research, primarily through these agencies— National Institute of Health (NIH)— increases in funding for Medicare and Medicaid— reasons for funding increases for public health care— 240 factors behind dramatic increase in health care costs: 1) 2) 3) 4) 5) sharpest spike in prices— 2008 national expenditures for Medicare and Medicaid— projected increases for Medicare and Medicaid— Medicare: Medicare— Medicare Part A— how Medicare is funded— Medicare Part B— how this portion of Medicare programs is funded— Medicare Prescription Drug Improvement and Modernization Act of 2003— Medicare prescription drug program since 2006— criticism of new Medicare drug programs from Democrats and conservatives— Medicaid: Medicaid— what Medicaid covers that Medicare doesn’t— 1986 extension of Medicaid— states and Medicaid— how Medicaid funded— 241 medically indigent— funding trends— Thinking Globally: Health Care Policy— Toward Reform: Economic Policy states responsible for managing economic affairs in nation's first century— narrow role of national government in economic affairs— The Living Constitution: Sixteenth Amendment— what prompted the national government to become active in setting economic policy and in enacting economic regulation?— The Nineteenth Century mixed free-enterprise economic system— economic growth after the Civil War— new problems and demands for regulation— Interstate Commerce Act of 1887— “trusts”— Sherman Antitrust Act of 1890— The Progressive Era Progressive movement— regulatory actions of the Progressive administrations of Theodore Roosevelt and Woodrow Wilson— Pure Food and Drug Act and the Meat Inspection Act in 1906— the Depression and New Deal— laissez-faire— interventionist state— 242 Financial Reforms: Glass-Steagall Act of 1933— Federal Deposit Insurance Corporation (FDIC)— Securities Act (1933)— Securities Exchange Act of 1934— Securities and Exchange Commission (SEC)— stocks bought on margin— Agriculture and Labor: acts passed during the New Deal to boost farm income— National Labor Relations Act of 1935 (Wagner Act)— unfair labor practices— National Labor Relations Board (NLRB)— Fair Labor Standards Act (FLSA) of 1938— Industry Regulations: Federal Communications Commission (FCC)— Civil Aeronautics Board (CAB)— Motor Carrier Act of 1935— Economic and Social Regulations economic regulation— social regulation— regulatory programs and legislation of the 1950s, 1960s and 1970s— regulatory agencies setup to implement new social regulations— the constitutional provision Congress used to pass this legislation— consequence of new social regulations on industry— 243 Deregulation deregulation— claims of advocates of deregulation— example of airline industry— Gerald Ford and deregulation— expansion of deregulation under Carter— Airline Deregulation Act of 1978— Telecommunications Act of 1996— further deregulation of the media by FCC in 2003— concern over concentrated corporate ownership of the media industry— economic deregulation and politics— calls to “reregulate”— Stabilizing the Economy economic stability— inflation— recession— monetary policies— fiscal policies— Monetary Policy: Controlling the Money Supply: monetary policy— money— Federal Reserve System— Board of Governors— how credit system works— Federal Reserve Board of Governors (FRB or "the Fed")— 244 Federal Open Market Committee (FOMC)— monetary authority— Fed chair— Alan Greenspan and Ben Bernanke (see picture, page 405)— Federal Reserve Banks (“bankers' banks”)— monetary policy and its tools— reserve requirements— discount rate— open market operations— “moral suasion”— how the FRB uses these tools— Fiscal Policy: Taxing and Spending: fiscal policy— the powerful instruments of fiscal policy— economic theories of John Maynard Keynes behind fiscal policy— discretionary fiscal policy— Ideas Into Action: Discovering Your Tax Burden— Research Ideas and Possible Paper Topics 1) Go to the Web site of the United States House of Representatives or call your local representative's office. Find out what domestic policy programs dealing with income security and health care are on the agenda for this session of Congress. Choose one and follow it over the course of the semester. Pay attention to partisan issues, which interest groups get involved and how, which members of Congress sponsor the bill, and how this bill fits the policy process you have learned about in this chapter. 245 2) Do some research on President Obama’s plans to deal with Social Security. Based on what you have learned about the policy process, discuss what was successful and unsuccessful about his plan. What tactics and strategies did he use to promote this policy? How effective were they? What tactics and strategies have been used by President Obama's opponents to what success? 3) Go to the library or the Internet and find out what the official poverty level is in your state and county and the demographics of poor people and people who receive federal assistance. How was it determined, and how appropriate is this figure today? Can a family of four really live on it? In addition, do some additional research about the policies designed to help the poor. Discuss what the national government and your state government are doing for the poor. Is it enough? Why or why not? 4) The Chairman of the Federal Reserve Bank is often described as one of the most powerful men in America. Do some research to determine why he is considered so powerful, who he is, and what his policies are. What are some arguments for and against the power vested in the hands of the Fed Chairman? 5) The subprime mortgage crisis, the securities industry crisis, the big three U.S. automakers crisis and the actions by the federal government to stabilize these economic crises were a central focus of attention for the Congress, the Bush administration and the presidential campaigns in the last months of 2008. Course corrections to the measures taken during the last months of the Bush administration were a major focus of the new Obama administration in 2009. How successful have the actions taken by the 110th Congress and the Bush administration been in stabilizing the economy? What measure did the 111th Congress and the new Obama administration take and how effective were they in stabilizing the economy? Was deregulation to blame for the crises? What other factors came into play in the economic breakdown? Web Sites The Social Security Administration (SSA) Web site has information rules, regulations, and policies of the federal government on social security, both active and proposed. It offers information for citizens, scholars, and recipients. The Web site also offers historical perspectives on social security and its funding. www.ssa.gov The Social Security Network was a project started in 1997 as a resource for information and research on the Social Security program and the debate about its future by The Century Foundation. Its panel of researchers and scholars publish original research and other information about Social Security on its Web site. www.socsec.org The Children's Defense Fund Web site has many articles and links of interest to advocates for issues affecting children and families including health care. They offer a listserv and publications. www.childrensdefense.org 246 The Institution for Research on Poverty of the University of Wisconsin studies social inequity and poverty. The IRP develops and tests social policy alternatives. Reports are available on this Web site. www.ssc.wisc.edu/irp The Center on Budget and Policy Priorities is a nonprofit research and policy institute devoted to studying governmental policies and programs, particularly those affecting low- and moderateincome people. www.cbpp.org Federal Reserve Board Web site has basic information about the FRB, its structure, and purpose. Also has publications, announcements, lists of related Web sites, biographies of members, reports, and statistics. www.federalreserve.gov The Council of Economic Advisors Web site offers the Economic Report of the President and CEA publications, as well as basic information about the CEA and its members. www.whitehouse.gov/cea Moving Ideas hosts policy, politics, and news from progressive and liberal research organizations and advocacy groups. Click on the “Economy” link at the left side of the page for information on the budget and the economy. www.movingideas.org Practice Tests MULTIPLE CHOICE QUESTIONS 1) The crafting of appropriate and acceptable proposed courses of action to ameliorate or resolve public problems is called A) agenda setting. B) policy formulation. C) policy implementation. D) problem resolution. E) conflict resolution. 2) At which stage of the policy making process does the government first acknowledge the problem? A) Problem recognition B) Agenda setting C) Policy formulation D) Policy adoption E) Budgeting 247 3) Which of the following policies is implemented using a hortatory technique? A) job training to assist able-bodied citizens in finding work B) the “Don’t Mess with Texas” anti-littering campaign C) public universities cannot discriminate against women D) cigarette taxes to discourage smoking E) the license of a radio station can be revoked for broadcasting obscenities 4) The process of determining whether a course of action is achieving its intended goals is called A) issue imbroglio. B) policy evaluation. C) problem recognition. D) policy implementation. E) policy adoption. 5) The permanent welfare state began in which decade? A) 1920s B) 1930s C) 1940s D) 1950s E) 1960s 6) The Great Depression A) resulted in a more expansive vision of the role of government. B) resulted in a narrower vision of the role of government. C) caused Americans to look to private charities to solve the nation’s problems. D) caused Americans to look to private businesses to solve the nation’s problems. E) did not affect what Americans perceived the role of government to be. 7) Medicare and Medicaid were included in the social welfare system ____ the creation of social security. A) At the same time as B) about 10 years after C) about 20 years after D) about 30 years after E) about 40 years after 8) When a program is provided regardless of the amount of income earned by the recipient, it is known as what kind of program? A) Income Security B) Means-tested C) Non-means based D) Regressive E) Entitlement 248 9) The poverty threshold for a family of four in 2008 was __________ per year. A) $21,200 B) $37,600 C) $46,100 D) $59,300 10) Which of the following is not an income security program? A) Social Security B) Public Housing C) Supplemental Security Income D) Food Stamps E) Temporary Assistance for Needy Families 11) Which of the following is not a tool of the federal government in dealing with public health issues? A) Immunizations B) Education C) Excommunications D) Advertisements E) Regulations 12) During the 1930, the federal government became a/an ___________, which plays an active role in guiding and regulating the private economy. A) socialist regime B) interventionist state. C) laissez-faire state D) crematorium E) progressive era reformer 13) The first acts of the New Deal were directed at A) the financial system. B) food shortages and other agricultural problems. C) labor problems. D) poverty problems. E) health care. 14) What was the overall effect of New Deal legislation related to agriculture? A) The agricultural industry was privatized. B) A government-guaranteed monopoly was given to Archer Daniels Midland. C) Farmers were protected through extensive government intervention D) The cost of food increased. E) The U.S. became a net importer of agricultural products. 15) Who of the following was the most likely to receive a subprime mortgage? A) someone with poor credit B) someone whose interest rate was less than the prime rate C) someone is a traditional 30-year mortgage D) older homeowners with well-established credit E) a government employee 249 16) A reduction in market controls in favor of market-based competition is known as A) economic regulation B) social regulation. C) discretionary income. D) deregulation E) rural electrification. 17) What are the reserve requirements? A) the percentage of a bank’s deposits that must be retained as backing for their loans B) the criteria necessary to serve on the Federal Reserve Board. C) the stipulation that banks must not discriminate against potential borrowers with bad credit D) the ability of the Fed to set the interest rate E) the requirement that banks can only borrow money from the federal government 18) What is the Federal Reserve Board hoping to achieve when it engages in open market operations by buying government securities? A) benefitting major corporations B) increasing inflation C) decreasing competition D) encouraging economic growth E) getting around the requirements of the Laissez-Faire Act of 1948. 19) The rate of interest at which member banks can borrow money from their regional Federal Reserve Bank is known as the A) reserve rate. B) discount rate. C) interest rate. D) inflation rate. E) loan rate. 20) Which of the following describes fiscal policy? A) The buying and selling of government securities by the Federal Reserve Bank in the securities market. B) Federal government policies on taxes, spending, and debt management that are intended to promote employment, price stability, and growth. C) Government requirements that a portion of member banks’ deposits must be retained to back loans made. D) When individuals and corporations deposit their money in financial institutions such as commercial banks (which accept deposits and make loans) and savings and loan associations, these deposits serve as the basis for loans to borrowers. E) A reduction in market controls (such as price fixing, subsidies, or controls on who can enter the field) in favor of market-based competition. 250 TRUE/FALSE QUESTIONS 1) Interest groups are major actors and initiators in the agenda-setting process. 2) Most public policies are implemented by Congress. 3) One example of an incentive technique is the revocation of a broadcaster's license for broadcasting obscenities. 4) Over time, Social Security was expanded to include a much greater percentage of American workers. 5) According to the Analyzing Visuals feature on page 618, unemployment in Michigan is higher than the national average. 6) Food stamps is a means-tested program. 7) There is currently no prescription drug coverage for the elderly. 8) The laissez-faire state is when the government takes an active role in guiding and managing the private economy. 9) President Gerald R. Ford was an advocate of deregulation. 10) The Federal Reserve System was created to adjust the money supply to the needs of agriculture, commerce, and industry. ESSAY AND SHORT ANSWER QUESTIONS 1) How is a public policy problem identified? 2) How do budgets affect policies? 3) Compare and contrast authoritative and incentive techniques for policy implementation. 4) Discuss the seven steps of the policy process. Give specific examples for each and discuss why that step is important. 5) How do issues get on the systemic and government agenda? What issues are most likely to make it onto these agendas? 6) How has the government addressed income security? 7) How did the Great Depression and the New Deal fundamentally change the nature of the federal government as it relates to domestic policy? 8) Do you think the government should do more to provide access to quality health care? Why or why not? What sorts of changes can and should be made? 251 9) Define and discuss deregulation. Why did it become popular? What impact has it had? Considering the effect of deregulation on the radio industry and the airline industry, has deregulation been good public policy? Why or why not? 10) What is the Federal Reserve System? What does it do and how does it work? 252 CHAPTER 14 FOREIGN AND DEFENSE POLICY Chapter Goals and Learning Objectives Americans who grew up during the height of the Cold War lived under the threat of nuclear annihilation every day. They understood that the Soviet Union had enough nuclear weapons to destroy the United States many times over. And Americans understood that we could destroy all life in the U.S.S.R. several times over as well. Americans lived “eyeball-to-eyeball” with the Soviets in a game of nuclear chicken for decades, holding each other’s entire populations as hostages in a mad game called “mutually assured destruction” or MAD. When the Cold War came to an end in 1991 after over four decades of constant, non-belligerent conflict between the U.S. and U.S.S.R., the foreign and military policy of the United States suddenly, stunningly, and completely changed. For years it was us vs. them, two gigantic titans in the ring struggling for world domination. Yet in a matter of weeks, only one titan remained standing. The United States found itself as the world’s remaining superpower with a new and illdefined mission in the world. Foreign and military policy had to undergo drastic introspection and changes. Many Americans put foreign and military affairs on a back-burner and turned to domestic matters—butter rather than guns. Until September 11, 2001, when Americans found themselves confronting the rest of the world following the first attack on the American mainland by foreign forces since the War of 1812 (an important distinction from Pearl Harbor, which was U.S. territory, but effectively a colony). America took stock of its foreign and military policy in a new and chilling light. Afghanistan, international terrorism, Iraq, an “axis of evil” and a new concern for our place in the world became apparent to a new generation of Americans. While most Americans pay scant attention to foreign policy except in times of crisis, our lives are intertwined as citizens of this nation with our policies in dealing with the world. We do a substantial amount of foreign trade, we have a substantial military force and substantial military commitments overseas, and we are interdependent on other economies in the world for our prosperity. Since the main purpose of government is to protect us and maintain our prosperity, it is incumbent upon Americans to understand and involve ourselves in our commitments and policies with the rest of the world. This chapter is designed to give you a basic overview of U.S. foreign and military policy. The main topic headings of the chapter are: Roots of U.S. Foreign and Defense Policy Foreign and Defense Policy Decision Making Twenty-First Century Challenges In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in 253 mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of U.S. foreign and defense policy before the United States became a world power foreign and defense policy decision making by the executive branch, Congress and other groups twenty-first century challenges in foreign and defense policy Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key words/points you should know. Use this outline to develop a complete outline of the material. Write the definitions or further explanations for the terms. Use the space provided in this workbook or rewrite that material in your notebook. This will help you study and remember the material in preparation for your tests, assignments, and papers. the Bush war on terrorism— Bush orders National Security Agency (NSA) to conduct warrantless surveillance of Americans' communications immediately after 9/11— January 2007 and Federal Intelligence Surveillance Court— 1978 Foreign Intelligence Surveillance Act (FISA)— Bush Justice Department defends legality of warrantless surveillance— revelations of larger data mining project by Bush administration— Congress responds— FISA Amendments Act of 2008— Amnesty, et. al. v. McConnell— isolationism— unilateralism— moralism— pragmatism— 254 Roots of U.S. Foreign and Defense Policy world divided into two camps in the 1950s and 1960s— John F. Kennedy’s inaugural address— containing the Soviet Union— Kennedy and Khrushchev in Vienna— Cuban Missile Crisis— period of improved U.S.-Soviet relations after the Cuban Missile Crisis— hot line— Americans' beliefs about the Soviet Union and the U.S. stance against it— Vietnam War— questions about the U.S. role in Vietnam— Americans’ attitudes by the end of the 1960s— Lyndon Johnson and Vietnam War— Détente and Human Rights: 1969-1981 Richard Nixon's approach to the Soviet Union— détente— Nixon summit meetings— Jimmy Carter rejects Nixon's foreign policy— human rights— Iranian hostage crisis— Soviet Union invasion of Afghanistan and U.S. response— Containment Revisited and Renewed: 1981-1989 Ronald Reagan's confrontational approach to Soviet Union in his first term— Reagan arms build-up— 255 Reagan’s activist foreign policy— improving U.S.-Soviet relations by 1984— Americans concerned about confrontation with the Soviets— Reagan Doctrine— internal Soviet problems— Soviet President Mikhail Gorbachev— Reagan-Gorbachev cooperation— Gorbachev’s “perestroika”— what Gorbachev’s reforms were intended to do, and what eventually happened— Searching for a New International Order: 1989-2001 George Bush in 1989— Eastern Europe in 1989— Gorbachev response to revolts in Eastern Europe— collapse of “Iron Curtain”— 1990 Iraq invasion of Kuwait— Operation Desert Storm— Powell Doctrine— 1991 attempted coup against Gorbachev— collapse of Soviet Union— end of Cold War— post-Cold War questions— complex foreign policy questions facing Bill Clinton when he assumed the presidency in 1993— engagement— enlargement— 256 vexing problem of when to use U.S. armed forces overseas— America faced different types of crises after demise of Soviet Union— some U.S. responses to these new crises— North American Free Trade Agreement (NAFTA)— World Trade Organization (WTO)— The War on Terrorism: 2001 to the Present George W. Bush conducted an active foreign policy— September 11, 2001 attack— war on terrorism al-Qaeda— Taliban— Operation Enduring Freedom— profound impact on U.S. foreign policy of terrorist attacks of September 11, 2001— Timeline: Major Acts of Terrorism Affecting the United States, 1990Present— Bush responds to appearance of U.S. vulnerability— Bush Doctrine— launch of war against Iraq in March 2003 and implementation of Bush Doctrine— U.S. military response in past conflicts of this magnitude— new strategy of preemptive strikes— weapons of mass destruction (WMDs)— United Nations (UN)— UN response to U.S. invasion of Iraq— 257 Join the Debate: Should the United States Pull Out of the United Nations?— overthrow of Saddam Hussein— failure to find WMDs in Iraq— changing Bush administration justifications for invading Iraq— dismal assessments of situation in Iraq— January 2005 Iraqi elections— 2007 American troop surge— General David Petraeus— American dead and wounded in Iraq War by mid-2008— disagreements and controversies over how to combat terrorism— Ideas Into Action: The Impact of the War on Terrorism on American Campuses— Foreign and Defense Policy Decision Making the most power branch of federal government in formulating and implementing U.S. foreign and defense policy— other contributors to foreign and defense policy making— The Executive Branch the locus for creating and implementing U.S. foreign and defense policy— role of the president— executive departments and agencies involved— The President: reasons for preeminence of president in foreign and defense policy— presidential use of authority to order U.S. forces to battle without seeking approval from others— instances when president did seek congressional approval in advance— 258 The Departments of State and Defense: Department of State— Department of Defense— Joint Chiefs of Staff— National Security Agency (NSA)— Central Intelligence Agency (CIA)— National Security Council (NSC)— other government organizations engaged in intelligence work— director of national intelligence— CIA post-September 11 and criticisms of CIA— Politics Now: Blackwater— former NSC advisers— members of the NSC— The Department of Homeland Security: executive order creates Office of Homeland Security— Department of Homeland Security (DHS)— massive government reorganization under DHS— mission of DHS— Transportation Security Agency (TSA)— Federal Emergency Management Agency (FEMA)— Customs and Border Protection— Coast Guard, Secret Service, immigration services and enforcement— Congress role of Congress in foreign and defense policy— how Congress influences foreign and defense policy— 259 Congress response to foreign and defense issues from World War II until the late 1960s— change in congressional involvement in foreign and defense policy caused by Vietnam War— expanded oversight— oversight by Senate Foreign Relations Committee in 2005 and 2006— Senate power to approve or reject treaties— Senate has rejected treaties how many times?— why Senate power over treaties is important— executive agreements— Senate advice and consent power on presidential appointments, including ambassadors— John R. Bolton, 2005— Congress’s power to influence foreign and defense policy through its sole power to appropriate funds and through its control of the budget— U.S. Defense Spending, 1940-2012 (Figure 14.1)— instances where Congress and executive branch disagreed on U.S. military action overseas— War Powers Act of 1973— elements of War Powers Act— controversy over and effectiveness of War Powers Act— The Military-Industrial Complex Eisenhower’s farewell address of 1961— military-industrial complex— fears that Eisenhower expressed— 260 five ways military-industrial complex acquires power: 1) 2) 3) 4) 5) The News Media reporting and investigation— relations between press and government on foreign and defense policy from World War II to the Vietnam War— change in that relationship in the 1960s— the press in Vietnam— critics and supporters of the news media function— media broke story of Abu Ghraib— Analyzing Visuals: Abu Ghraib Prisoner Abuse— The Public how public affects foreign and defense policy— The Most Important Problem: Domestic or Foreign, 1947-2007 (Figure 14.2)— changes in presidential popularity as related to foreign policy or military crises— Bush popularity: 9/11 "rally effect," beginning of Iraq War, “Mission Accomplished,” and by 2008— citizens exercise of electoral control over foreign and defense policy— effects of public activism— nongovernmental organizations (NGOs)— 261 Twenty-First-Century Challenges effect of growth of international community’s interconnectivity— Promoting Democracy in the Middle East aftermath of overthrow of Saddam Hussein's government in Iraq— U.S. in Iraq: reaction of Iraqis and turning over control to Iraqi forces— Afghanistan and opium production— Transnational Threats to Peace terrorists as nonstate actors— sophisticated resources of some groups— information warfare— results of 1997 war game— Research Ideas and Possible Paper Topics 1) Choose a foreign policy crisis (either contemporary or historical). Conduct research to determine what issues were at hand, what actors were making the decisions, and what the outcome was. Did public opinion matter? Was the president the strongest actor in the crisis? How did the various interests play themselves out? 2) American news, be it press or broadcast media, tends to skimp on international news. The argument is that Americans are not interested. Is that true? Interest increased after 9/11 but some say Americans have again lost interest in foreign news. Find public opinion polling data; ask friends and colleagues, etc. about their interest in international relations. Next, test the hypothesis that the media ignores foreign affairs. Watch several different types of media (network TV, newspapers, cable TV, news magazines) and determine if that is true. Now that you know more about U.S. foreign policy, are you more interested in such news? Discuss these issues or structure a debate about them. 3) As a class, discuss what the grand strategy of the U.S. ought to be in this post- Cold War era. What are U.S. national interests? Should we intervene in other country’s affairs as President Bush has suggested and demonstrated? Why or why not? What about Iraq and the Middle East? What is our national interest in that region? Trade and aid policy—with whom should we trade and to whom should we give aid? Are there limits to U.S. generosity? What are they? How has the Obama administration responded to development of a new strategy of America's role in the world following the eight years of George W. Bush's foreign and defense policy? 262 4) Research the history and development of international terrorism. Have there been attacks on U.S. interests before the 9/11 attack on New York and Washington? What was U.S. policy toward international terrorism before 9/11 and after? What has happened since 9/11? Have there been any significant terrorist threats to the U.S. since 9/11? Why or why not? What is the future of U.S. anti-terrorism domestically and internationally? How has President Obama responded to the threat of international terrorism? 5) Do some research on businesses in your area that are involved in international trade. Use the Internet or library to find out what kinds of businesses are doing business where and why. Are there more international ties in your area than you thought? What kinds of impact does this trade have on you, your community, and your country? Web Sites The Council on Foreign Relations, founded in 1921, is an independent, national membership organization and a nonpartisan center for scholars dedicated to producing and disseminating ideas on U.S. foreign relation. Its Web site offers a broad range of information, data, papers and links. www.cfr.org/index.php Faces of the Fallen: U.S. Service Members Who Died in Operation Iraqi Freedom and Operation Enduring Freedom is a service of the Washington Post, honoring the sacrifice of American service members by posting small photographs of each American who died. projects.washingtonpost.com/fallen Iraq Coalition Casualty Count is a private Web site sponsored by private donations that tabulates war dead and wounded in Iraq and offers links to information about the war not usually available from the government or mainstream media. www.icasualties.org/oif Iraq Body Count provides much the same service as above but also provides names of American men and woman killed in Iraq. www.iraqbodycount.org Official site of the United States Department of State www.state.gov The U.S. State Department maintains an electronic archive of foreign policy history including documents and photographs that can be searched and accessed online. www.state.gov/www/about_state/history/frus.html Official Web site of the Department of Defense www.dod.gov Official Web site of the Department of Homeland Security www.dhs.gov 263 Official Web site of the Central Intelligence Agency www.cia.gov Official Web site of the Director of National Intelligence www.dni.gov Official Web site of the Senate Foreign Relations Committee foreign.senate.gov Official site of the Pentagon pentagon.afis.osd.mil Official site of the Joint Chiefs of Staff www.dtic.mil/jcs The International Responsibilities Task Force of the American Library Association's Social Responsibilities Round Table hosts a Web site titled “Alternative Resources on the U.S. ‘War Against Terrorism’” which features numerous links to a wide variety of sources. www.pitt.edu/~ttwiss/irtf/Alternative.html Center for Defense Information is a nonprofit public policy center with a moderate to liberal perspective. “Founded in 1972 as an independent monitor of the military, the Center for Defense Information is a private, nongovernmental, research organization. Its directors and staff believe that strong social, economic, political, and military components and a healthy environment contribute equally to the nation's security. CDI seeks realistic and cost-effective military spending without excess expenditures for weapons and policies that increase the danger of war. CDI supports adequate defense by evaluating our defense needs and how best to meet them without wasteful spending or compromising our national security.” www.cdi.org Foreign Affairs Magazine is a monthly journal published by the Council on Foreign Relations and has long been considered one of the most prestigious publications on the issue of foreign policy. A selection of articles is online from the current issue. www.foreignaffairs.org Cold War Hot Links is a Web site maintained by a professor at St. Martin’s College in Washington State. This site offers links to a myriad of sites dealing with the Cold War and U.S. foreign and military policy during that period following the end of WWII until 1991. homepages.stmartin.edu/fac_staff/dprice/cold.war.htm 264 Practice Tests MULTIPLE CHOICE QUESTIONS 1) The strategy of opposing Soviet expansion with military forces, economic assistance, and political influence was known as A) containment. B) alliance theory. C) balancing power. D) preventionism. E) isolationism. 2) What precipitated the Cuban Missile Crisis? A) the invasion of Miami by a group of Cuban refugees B) a botched invasion of Cuban by Cuban refugees living in Miami C) Soviet shipments of intermediate-range ballistic missiles to Cuba D) an arms-for-hostages deal between Cuba and the Soviet Union E) Fidel Castro’s confiscation of American property after his communist revolution 3) Of the following, which comes closest to moralism? A) the U.S. invasion of Afghanistan B) the Soviet invasion of Afghanistan C) the Persian Gulf War D) the Gulf of Tonkin Resolution E) Jimmy Carter’s focus on humanitarianism 4) The policy of détente came to an end with A) Sputnik. B) the war in Nicaragua. C) the Soviet invasion of Afghanistan. D) the failure of a presidential summit in 1982. E) the Cuban Missile Crisis. 5) Which of the following best describes the Powell Doctrine? A) a cautious military approach that hopes to win the hearts and minds of those living under totalitarian dictators B) an intense focus on diplomacy to prevent international crises C) isolationism and multilateralism D) multilateral diplomacy but unilateral military force E) the use of overwhelming military force to produce a quick and decisive victory 6) President Bill Clinton adopted a policy of active U.S. involvement in international affairs called A) estrangement. B) engagement. C) détente. D) constructive free trade. E) active engagement. 265 7) The United Nations was created at the end of World War II and was intended to be an improved version of the A) North Atlantic Treaty Association. B) World Bank. C) General Agreement on Tariffs and Trade. D) Bretton Woods Agreement. E) League of Nations. 8) What was the primary stated justification for the U.S. military action in Iraq? A) Iraq attacked the U.S. on 9/11. B) Iraq is perceived to be a threat and the U.S. should take preemptive military action to eliminate this threat. C) The U.S. needed a ready supply of cheap oil. D) Iraq had been infiltrated by communists and communist sympathizers. E) The U.S. has an obligation to come to the aid of people struggling to free themselves from oppressive governments. 9) In which of the following conflicts did the U.S. military act preemptively? A) World War I B) World War II C) Vietnam D) the 1991 Persian Gulf War E) the 2003 war in Iraq 10) Which of the following is an example of a nongovernmental organization? A) the military-industrial complex B) the National Security Agency C) the Central Intelligence Agency D) the United Nations E) Amnesty International 11) The intelligence agency whose primary job it is to gather information and which is responsible for code-breaking is which agency? A) Central Intelligence Agency B) Federal Bureau of Investigation C) Department of Homeland Intelligence D) National Security Agency E) National Security Council 12) After __________, Congress began a policy of vigorous oversight concerning a president’s use of force. A) World War II B) the Korean War C) the Bay of Pigs D) the Cuban Missile Crisis E) the Vietnam War 266 13) According to Figure 14.1, when did U.S. military spending increase the most over the previous year’s spending? A) World War II B) the Korean War C) the Vietnam War D) the Cold War E) the wars in Iraq and Afghanistan 14) Which of the following best summarizes the evidence presented in Figure 14.2? A) Americans do not like wars but respond well to good economic news. B) Since World War II, Americans have always been more likely to think the most important problem facing the country is a domestic policy issue. C) Since World War II, Americans have always been more likely to think the most important problem facing the country is a foreign policy issue. D) For about 20 years after World War II, Americans were sometimes more likely to think the most important problem facing the country was a domestic policy issue and sometimes thought it was a foreign policy issue. In the past thirty years, Americans have been more likely to think the most important problem was a domestic policy issue. E) For about 20 years after World War II, Americans were sometimes more likely to think the most important problem facing the country was a domestic policy issue and sometimes thought it was a foreign policy issue. In the past thirty years, Americans have been more likely to think the most important problem was a foreign policy issue. 15) According to Figure 14.2, in the past 30 years, when were Americans most likely to think the most important problem facing the country was a foreign policy issue? A) 1980 B) 1990 C) 1997 D) 2001 E) 2005 16) What is isolationism? A) the reluctance to become involved in military conflicts in the remote corners of the world B) America’s willingness to intervene in the foreign affairs of rogue nations even if other countries are unwilling to participate C) a national policy of avoiding participation in foreign affairs D) the belief that the best way to counter terrorism is to improve the economic well-being of foreign nations E) the position of the United States as the only surviving superpower 17) Who authorized warrantless wiretapping of American citizens shortly after the September 11, 2001 terrorist attacks? A) Congress B) the Senate Armed Services Committee C) the House of Representatives D) Vice President Dick Cheney E) President George W. Bush 267 18) The Joint Chiefs of Staff provides a link between A) Congress and the president. B) the president-elect and the sitting president. C) the military and the Department of Defense. D) the Cabinet and the United Nations. E) the National Security Council and the Department of State 19) Which of the following organizations is not under the Department of Homeland Security? A) FEMA B) TSA C) Secret Service D) Coast Guard E) NSA 20) Which of the following raises questions about whether the U.S. engages in torture? A) Blackwater Worldwide B) Watergate C) Abu Ghraib D) the Reagan Doctrine E) the Iron Curtain TRUE/FALSE QUESTIONS 1) George W. Bush’s foreign policies are best describes as multilateral. 2) The Cuban Missile Crisis was a 1982 confrontation between the United States and Iran over the secret sale of weapons to Cuba. 3) Jimmy Carter dramatically decreased military funding and enhanced relations with the Soviet Union as a result of the Soviet invasion of Afghanistan. 4) As a result of détente, American and Vietnamese leaders met several times in the 1970s. 5) “Engagement" was the Clinton-era policy that said the U.S. would remain active in foreign affairs. 6) Foreign affairs powers are held exclusively by the president. 7) The Central Intelligence Agency is responsible for advising the president on military affairs. 8) An executive agreement must be ratified by the Senate. 9) The International Criminal Court has been strongly supported by the United States. 10) John F. Kennedy warned against a military-industrial complex in his 1961 inaugural address. 268 ESSAY AND SHORT ANSWER QUESTIONS 1) Compare and contrast unilateralism and multilateralism. When has U.S. foreign policy been unilateralist and when has it been multilateralist? Which approach do you think the U.S. should try to pursue in its fight against terrorism? Why? 2) Why did the U.S. get involved in the Vietnam War? How did American foreign policy change in the aftermath of the war? 3) What was U.S. foreign policy during the Cold War? What precipitated it and what brought it to a close? How has it had a lasting impact on foreign and defense policy? 4) In what ways has the U.S. government attempted to foster peace in the Middle East? How successful have these attempts been? 5) Discuss how the Bush Doctrine changed U.S. foreign policy. 6) Why do some Americans want the United States to pull out of the United Nations? 7) Compare and contrast the president's influence over foreign policy with Congress's influence. 8) Discuss two checks on presidential powers in foreign and military policy. 9) Discuss the War Powers Act. 10) How does public opinion affect foreign and military policy? 269 270 CHAPTER 15 THE CONTEXT FOR TEXAS POLITICS AND GOVERNMENT Chapter Goals and Learning Objectives Texas history, geography, and mythology provide the social, cultural, ideological, and economic context for Texas politics and government. The Texas image competes with the reality of the Lone Star State. Texas has been an expansive land of opportunity and wealth for many. They possess a pride in their state unmatched by any other state in the nation. That pride over how earlier Texans carved a civilization out of a wilderness can, however, also create a culture of denial about the very real lack of civilization experienced by other Texans. The State of Texas can be a hostile, uncivilized environment for children, the elderly, the poor and the laborer. It is generally unpopular to point out the social, economic, and racial problems to the Texas media and political elite because they rely on the mythical image of Texas. Politicians and special interests who deny the problems facing modern Texas while paying homage to the historic and mythical Texas are rewarded. Yet the state is changing. The growth of minority populations in the state may yet force changes in the economic, social, and political character of Texas. To gain a better understanding of the power of the mythical Texas, students may want to watch such motion pictures such as Giant, The Alamo, The Searchers or The Last Picture Show or such television programs as Dallas, Lonesome Dove, The Lone Ranger or Walker, Texas Ranger. This chapter is designed to introduce you to the background, nature, and context of Texas politics and government. The main topic headings for this chapter are: The Roots of Texas Politics and Government The Ideological Context The Economy of Texas Wealth and Poverty in Texas Toward Reform: Political Culture and Welfare Reform In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test-taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of Texas government and politics, the land and people of Texas, and how these people have historically influenced and continue to influence their government and politics the ideological context for Texas politics and government, a core set of ideas that motivate and shape Texas politics and government, and how ideas Texans share with other Americans have been modified by Texas’ unique experience 271 the Texas economy and its evolution from a colonial, land-based economy to a modern, information-based economy wealth and poverty in Texas and how those factors influence government and politics in the state how the context for Texas politics and government affects political culture and welfare reform Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. the changing face of Texas— exceptional demographic changes in Texas in the 1990s— predicted effects the changing demography of Texas will have on the economic, social, and political characteristics of Texas— Roots of Texas Politics and Government size of Texas— variety of landforms in Texas— Texas population in 2007— population diversity: U.S. and Texas ethnic percentages of population— Texas in Comparison: The Socio-economic Context in the States— Native Americans Native Americans in Texas today— Native American legacy in Texas— Tejas— Native American tribes on reservations in Texas today— gambling on reservations in Texas— 272 Hispanics early Spanish settlements in Texas— four institutions of Spanish colonization: 1) 2) 3) 4) Mexican independence from Spain— growth of Hispanic population in Texas history— Hispanics in Texas politics— party affiliation and Hispanic population— African Americans African-American population before 1836— bulk of African-American settlement in Texas— sharecropper system— Wallace B. Jefferson— African-American governmental officials in Texas— Asian Americans first permanent resident Asian-Americans in Texas— growth of Asian population Vietnamese immigrants— Asian-American population in Texas as of 2000— Asian-American officer holders in Texas— State Representative Hubert Vo— 273 Anglos Anglos— Anglo immigrants to Texas during early period of Anglo settlement of Texas— empresario program— Anglo settlement in Atascosita District— Anglo settlement north of the Big Thicket, between the Trinity and Sabine Rivers— increase in Anglo immigration from Texas’s independence to Civil War— post-Civil War Anglo immigration— Anglo domination of Texas politics— The Contemporary Population of Texas patterns of settlement established by Texas’s first residents— 2000 and 1990 Census reports on Texas population— roots of population increase— Texas population compared to other states— predicted Texas population by next census in 2010— urbanization of Texas— metropolitan growth accounts for Texas’s population growth in 1990s— change in ethnic demographics in Texas between 1990 and 2000— Anglo population from majority to minority numbers— population projections regarding Hispanic and Anglo population by 2015— Analyzing Visuals: Texas Population Projections, 2010-2040— impact of Hispanic population growth in Texas— ideology and issues important to Hispanics— 274 predicted policy changes with growth of Hispanic population and political power— Politics Now: Health Insurance in Texas— The Ideological Context The Texas Creed Texas Creed— five ideas of the Texas Creed— Individualism: landowners’ ethos— frontier era— three distinct challenges during the frontier era facing Texans— the Native American frontier and relations with Native Americans— farmers and ranchers had to adapt— Texas Rangers— cowboy— mythology stemming from the Alamo— Liberty: liberty— Texas independence from Mexico in 1836— differences between Anglo settlers and their Mexican governors— Stephen F. Austin— Texians— Siete Leyes (the “Seven Laws”)— Texas establishes the right to revolution and lays the foundation for its subsequent government— 275 Alamo— heroes of the Alamo— “To The People of Texas & All Americans in the World”— William B. Travis' speech to his men at the Alamo— symbolic power of the Alamo— Tejanos— Constitutionalism and Democracy: constitutionalism— The Living Constitution: Article 1, Section 3A, Texas Equal Rights Amendment— Texans’ desire for democracy— Jeffersonian democracy— Equality: equality— Texas idea of equality— T. R. Fehrenbach description of African-American slavery in Texas— Anglo response to Hispanics— American Creed— Texas Creed— political ideology— ideologues— Political Ideologies in Texas need for politics— the Texas Creed and ideas about government— Ideas Into Action: Student Protest an Immigration Policy— 276 The Four Ideologies (Figure 15.1)— conflict in Texas over proper role of government (which determine a person’s political ideology)— Libertarians: libertarianism— Libertarian Party in Texas— lack of support for the Libertarian Party in Texas— Populists: populists— populism in U.S. in 1880s and 1890s— strong populist tradition in Texas— People’s Party in Texas— Farmers’ Alliance— what the People’s Party sought— populist movement was essential a native Anglo movement— Conservatives: what conservatives believe— American conservatism view of human nature— conservatives in contemporary Texas— conservatives and use of governmental authority— Liberals: liberalism— modern liberalism in Texas— minority status— two reasons ideologies in Texas are important: 277 1) 2) V.O. Key: Texas politics, economics and class lines— The Economy of Texas Cotton the first real economy— the money crop— commercial center of Texas from 1840s to 1880s— plantation system replaced, post-Civil War— percentage of Texas’s cotton production as part of total U.S. production— total cotton production receipts in Texas in 2000— Cattle the cattle kingdom— the demand for beef— late-nineteenth century in Texas— XIT Ranch— Petroleum petroleum's influence for much of twentieth century— Spindletop— Santa Rita No. 1— the East Texas field— surplus of petroleum— OPEC— oil boom of 1970s— oil bust of 1980s— 278 petroleum industry portion of state’s gross state product in 1981 and 1999— The Contemporary Economy gross state product in 2009— change in Texas economy since 1980s— decline in petroleum industry in early 1980s— importance of increased economy diversity of Texas— area in Texas currently with greatest economic growth— Texas and national economy— job creation in Texas— unemployment in Texas— globalization of Texas economy— industries accounting for 66 percent of Texas’s exports in 2000— Texas exports revenue— need for commitment to developing highly skilled workforce— Join the Debate: How Should Texas Educate Students of Limited English Proficiency?— Wealth and Poverty in Texas Texas ranking in income inequality— distribution of income in Texas— Texas Family Income by Decade, 1980s-2000s (Figure 15.2)— factors contributing to income disparity— poverty among certain ethnic groups in Texas— political participation by the poor and by the wealthy— Toward Reform: Political Culture and Welfare Reform 279 political culture— three types of political culture— Texas' political culture is a mix of what two political subcultures?— characteristics of states with traditionalistic and individualistic political subcultures— effect of political culture on how Texas adopted and implemented welfare reform during the 1990s and 2000s— Temporary Assistance for Needy Families (TANF)— how states with moralistic political subcultures performed in adopting and implementing welfare reform vs. states with traditionalistic or individualistic political subcultures— why the Texas TANF program cannot be considered a total success: 1) 2) 3) why Texas's welfare system provides few benefits while placing onerous demands on its participants— Research Ideas and Possible Paper Topics 1) Select a state and compare Texas to that state according to economic structure, political ideologies, and population. 2) Discuss what you think might be important demographic and economic changes in Texas during the next 40 years. How might these changes affect partisan politics and public policy issues in Texas? 3) Select five major historical events in Texas history and explain how these events contributed to the development of the Texan Creed. 4) Do research into the history of the Texas Rangers examining the view of the heroic law enforcement cowboys in Texas Anglo mythology versus the view of vigilante justice in the eyes of many minority groups in Texas. 5) Examine the mythology of Texas and how it ignores the state’s dismal record of poverty and treatment of minorities. 280 Web Sites Every ten years, the U.S. Census conducts a count and study of the U.S. population. The 2000 census contains a wealth of information about the nation’s population as well as individual state population, including Texas. www.census.gov Lone Star Junction is a nonprofit organization chartered by the state of Texas. The organization provides facts and details about Texas history, giving particular attention to Texas’s early history. www.lsjunction.com The Institute of Texan Cultures is an educational center established and maintained by the University of Texas at San Antonio. The center’s primary objective is to provide the public with information about the history of the diverse cultures of Texas. The center’s Web site includes photographs of Texas settlers, primary, and secondary documents on Texas history, and other material helpful to understanding Texas’s diverse cultures. www.texancultures.utsa.edu Texas Historical Commission is a state agency, created by the Texas Legislature to preserve Texas’s architectural, archaeological, and cultural landmarks and inform the public about Texas history. www.thc.state.tx.us The Daughters of the Republic of Texas Library is supported and maintained by the Daughters of the Republic of Texas. The library assists researchers interested in the history of the Alamo, San Antonio and Texas. www.drtl.org The Center for Public Policy is a Texas nonprofit, nonpartisan research organization studying policy issues involving low- and moderate-income Texas. Its Web site features a wide-range of information about poverty in Texas including Texas Poverty: An Overview, which examines the demographics and characteristics of poverty in the state. www.cppp.org Practice Tests MULTIPLE CHOICE QUESTIONS 281 1) All of these states except one are a majority-minority state: A) Hawaii B) New Mexico C) California D) Missouri E) None of the above 2) The single largest ethnic factor in Texas’ population growth in the 1990s was: A) Hispanic immigration B) legal immigration C) natural increase by birth D) decrease in net out-migration E) changes in residential patterns 3) In which geographic category of Texas has most of its population increase occurred? A) towns and cities B) large urban and metropolitan centers C) counties D) school districts E) rural border regions 4) It has been indicated that with current demographic changes in Texas, the future workforce would be: A) more educated B) less well educated C) demand higher pay raises D) more oriented toward the service sector E) more oriented toward the agricultural sector 5) The first inhabitants of Texas were the A) Native Americans. B) African Americans. C) Asian Americans. D) Anglos. E) Germans. 6) Larger than most nations, Texas contains all of the major landforms except for which of the following? A) Mountains B) Plains C) Plateaus D) Hills E) Texas is so vast that it has all the major landforms 282 7) Texas is the ___ largest state in terms of population, and the ___ largest in terms of land. A) 1st ... 1st B) 1st... 2nd C) 2nd ... 1st D) 2nd ... 2nd E) 3rd ... 2nd 8) The origin of the name Texas was derived from early Spanish explorers who then referred to it as: A) Tayshas B) Tejas C) Alamo D) Jumano E) Coushatta 9) By the late 1880s, there were few Native Americans living in Texas as a result of: A) epidemics of diseases B) military campaigns C) removal to reservations elsewhere D) death from cholera and smallpox E) All of the above 10) Texas has more of what minority in elected offices than any other state? A) Hispanics B) African Americans C) Asian Americans D) Women E) Native Americans 11) Which of the following was NOT a component of Spanish colonization efforts in Texas? A) the mission B) the presidio C) the rancho D) civilian settlements E) slavery 12) Japanese settlers came in the early 1900s to do what on along the Texas Gulf Coast? A) Build railroads B) Grow rice C) Grow cotton D) Raise cattle E) Fishing 283 13) Many Japanese immigrants arrived in Texas after 1903 and most of them worked in which of these job categories? A) cattle herding B) railroad and railway construction C) rice farming/industry D) fishing industry E) trading and commerce 14) The largest city in Texas is A) San Antonio. B) Houston. C) Dallas. D) El Paso. E) Fort Worth. 15) According to projected population trends (see "Analyzing Visuals" in this chapter of your text), when will Hispanics exceed 50% of the state's population? A) 2040 B) 2030 C) 2020 D) 2015 E) 2010 16) A set of ideas that identify Texans and provide the basis for their politics and government is known as: A) the Constitution B) The Texas Creed C) The Texas Compact D) The Rangers Ordinance E) The Frontier Era 17) Which of the following historical events was important to the development of the Texan Creed concept of individualism? A) the American revolution B) World War II C) the frontier era D) the presidential election of Lyndon B. Johnson E) None of the above 18) The war for Texas independence was fought in which year? A) 1800 B) 1836 C) 1813 D) 1845 E) None of the above 284 19) Which of the following was the basis for the Texas economy during the 20th century? A) Cotton B) Cattle C) Oil D) Gold E) Manufacturing 20) All of these except one are reason for the increasing income gap between the rich and poor in Texas. A) most new jobs in Texas are in low-paying positions in the service sectors B) incomes have risen faster for people with the most education C) the minimum wage has not kept up with inflation D) low rates of high school and college graduates E) high sales and property taxes TRUE/FALSE QUESTIONS 1) By 2003, Hispanics had achieved considerable political clout in Texas. 2) In the late 1800s, Chinese laborers in Texas helped construct railroads. 3) The city of Houston actually has two Chinatowns. 4) Almost all of Texas legislators in the late Twentieth-Century have been Hispanics. 5) All of Texas's governors have been Anglos. 6) Prior to the 1940s, most Texans lived in rural areas. 7) Texas has a strong populist tradition. 8) The Texas economy has historically been dependent upon the external demand for and prices on cotton, cattle, and petroleum. 9) When Davy Crockett took his oath as a Texas citizen he changed the wording of the oath, swearing to uphold the Texas government only so long as it was a republican government. 10) A willingness to use governmental power to promote equality is an essential hallmark of conservatism. ESSAY AND SHORT ANSWER QUESTIONS 1) What are the major landforms in Texas, and where are they found in Texas? 2) What important demographic changes have occurred in Texas between 1990 and 2000? 3) Why was the Alamo important to many Texans’ concept of liberty? 285 4) How had the Texas economic history of dependence upon cattle, cotton and oil changed in the late twentieth century? 5) How are Texas’s minority ethnic groups affected by poverty? Compare and Contrast the following: 6) Hispanics, African-Americans, and Anglos 7) the Texan Creed and the American Creed 8) liberalism and conservatism 9) the early Texas economy and the contemporary Texas economy 10) wealth and poverty in Texas and wealth and poverty in the nation 286 CHAPTER 16 THE TEXAS CONSTITUTION Chapter Goals and Learning Objectives Like many states, particularly those in the South, Texas has drafted and adopted several constitutions. Constitutions are social contracts which create governments, outline civil rights and liberties as a means of protecting citizens from their governments, and institute procedures for peaceful change in the form of the process of constitutional amendments. Like all constitutions, Texas’s constitutions reflect specific historical circumstances of the periods in which these documents were written. Texas’s current constitution is a reaction to Reconstruction, yet the amendments to the Texas Constitution reflect the impact of modern living on a structural foundation laid in a post-Civil War political and social environment. As is the case with many state constitutions, particularly in the South and Southwest, Texas’s current constitution, the Texas Constitution of 1876, is long, confusing, poorly structured and hindered by an overreliance on amendments that undermine the very nature of a constitution—a set of basic governing laws. This chapter is designed to introduce you to the background, structure, and operation of the Texas Constitution. The main topic headings for this chapter are: The Roots of the Texas Constitution The Current Texas Constitution Constitutional Revision Toward Reform: The Marriage Amendment In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in mind that studying for objective tests [multiple choice, T/F] is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of the Texas Constitution, the legacies of Texas’s first five constitutions, and how these five early constitutions laid the foundation for the current constitution the current Texas Constitution, the convention that framed it, its provisions, and criticisms of it constitutional revision in Texas by piecemeal change through constitutional amendments, and comprehensive revision efforts through the drafting of a new constitution a recent constitution reform: the marriage amendment where Texas joined other states in constitutionally defining marriage as solely a heterosexual institution, thus preventing marriage practices from being broadened to include homosexual couples 287 Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. current Texas Constitution amended 456 times since its adoption in 1876— efforts to produce a new constitution to govern modern Texas— Texas declared independence from Mexico in 1836 and has had six constitutions since then— Roots of the Texas Constitution several purposes of a constitution— The 1836 Texas Constitution Texas as a Mexican state— Mexican Constitution of 1824— Republic of Texas— Texas Constitution of 1836, its content and the government it created— Washington-on-the-Brazos— typical American features of the Texas Constitution of 1836— Spanish Mexican law influence on 1836 Constitution— The 1845 Constitution annexation— President Anson Jones— Texas Constitution of 1845— simple, straightforward form of 1845 Constitution— the government under the 1845 Constitution— 288 General Provisions— amendments— The 1861 Constitution secession— Texas Constitution of 1861— slavery and states’ rights— emancipation in 1861 Constitution— The 1866 Constitution presidential Reconstruction— Texas Constitution of 1866— restructure of executive branch— legislative branch changes— change by convention— public education— The 1869 Constitution end of presidential Reconstruction— additional requirements placed by Congress on Texas’s readmission to the union (congressional Reconstructions)— constitutional convention of 1868— Texas Constitution of 1869— new constitution met requirements of congressional Reconstruction— The Current Texas Constitution effects of Reconstruction on current Texas Constitution— Governor Richard Coke— Texas Constitutional Convention of 1875— 289 delegates to the 1875 constitutional convention— Reasons for 1876 Constitution three factors which explain the adoption of the Texas Constitution of 1876: 1) 2) 3) “retrenchment and reform”— positions of different groups of convention delegates as to the way government should be active— Provisions of the 1876 Constitution Articles of the Texas Constitution (Table 16.1)— liberal constitution— statutory constitution— Texas Bill of Rights (Article 1)— separation of powers (Article 2)— legislative branch (Article 3)— executive branch (Article 4)— judicial branch (Article 5)— education (Article 7)— The Living Constitution: Article 7, Section 1— constitutional provision on local government— constitutional provision on fiscal policies— balanced budget— dedicated funds— 290 Politics Now: Wimberley ISD and School Finance— amending the Texas Constitution (Article 17)— in 1980s the legislature establishes pattern of conducting constitutional amendment elections— Analyzing Visuals: Voter Turnout for Constitutional Amendments— by early 2009, Texas Constitution amended how many times?— Amendments to the Texas Constitution, 1877-2008 (Figure 16.1)— amendments to the U.S. Constitution; actual changes tot he U.S. Constitution since its ratification— Criticisms of the 1876 Constitution too many amendments— inadequate foundation for governing in the twenty-first century— one of the longest constitutions in the U.S.— disorganization— plural executive— part-time legislature— structure of judiciary and election of judges— restrictions on local government— Constitutional Revision piecemeal revision— comprehensive revision— Piecemeal Revision Efforts piecemeal revision— addition of amendments— Citizens’ Advisory Committee— efforts by Governor John Connally to revise the Texas Constitution— 291 Representative Anna Mowery in the 1999s— Ideas Into Action: Grassroots Engagement in the Amendment Process— Comprehensive Revision Efforts first attempt in 1877— 1917 legislative resolution and Governor Jim Ferguson— efforts between 1919 and 1949— efforts by Governor Beauford Jester— 1967-1968 Constitutional Revision Commission— The 1974 Constitutional Convention: Constitutional Revision Commission— legislature meets as constitutional convention— several reasons for failure of the constitutional revision effort— 1) 2) Committees of the 1974 Constitution Convention (Table 16.2)— 3) right-to-work— 4) Speaker Price Daniel, Jr.— 5) cockroach— revisionist— 1975 Constitutional Amendments: eight proposed amendments— 292 defeat of proposed amendments— explanations for the defeat of the amendments: 1) 2) 3) 4) 1999 Constitutional Revision Effort: Representatives Rob Junnell and Senator Bill Ratliff— proposed changes in structure of Texas government— Join the Debate: Should Texas Adopt the Initiative Process?— House Speaker Pete Laney and the Select Committee on Constitutional Revision— Toward Reform: The Marriage Amendment 2005 approval by state voters of marriage amendment— effect on civil unions— other states’ efforts— proponents of the marriage amendment— opponents of the marriage amendment— raising money for the campaign for and against the amendment— overwhelming support for the amendment show by vote— only county in Texas to vote against the amendment— Research Ideas and Possible Paper Topics 1) Scholarly dispute exists regarding the level of political experience and training of delegates to the Constitutional Convention of 1875. Research the lives of three of the delegates and evaluate whether they did or did not have the political experience and training necessary to draft an impressive constitution. 293 2) The current Texas Constitution has been criticized for its failure to provide an adequate foundation for governing in the twenty-first century. If you were to lead an effort for reform of the Texas Constitution, which provisions of the Constitution would you change and why? 3) Imagine you have been elected governor of the state of Texas. Would you support a reform that would allow you to have appointment power over key offices in the executive branch? Is so, why? If not, why not? 4) Students in the Department of Government at Angelo State University developed a proposed new state constitution that was presented to the Texas Legislature for consideration in 1999. What were its provisions? Who carried the proposed constitution to the legislature and why? What were the results? 5) Examine the reactions of Texans to Reconstruction. Why did Texans react so vigorously against it, and what where the problems they had with the administration of Governor E. J. Davis? Were their objections sound in your opinion? Web Sites The Web site maintained by the Texas Legislature offers a copy of the entire Texas Constitution and features that allow users to search the Constitution according to concept or exact wording. www.constitution.legis.state.tx.us In 1969, the Texas legislature created The Legislative Reference Library. The Library’s primary purpose is to serve as a research and reference center for the legislature and its staff. The library’s Web site allows users to review past and current constitutional amendments by session/year, or by subject, by clicking on “Amendments to the Texas Constitution” and “Proposed Amendments to the Constitution.” www.lrl.state.tx.us The Texas Constitutions’ Digitization Project is presented by the Tarlton Law Library of the University of Texas at Austin. The project makes digital versions of Texas’s constitutions available online and provides explanatory texts. The project also offers an excellent list of links to other Web sites related to Texas constitutional history. tarlton.law.utexas.edu/constitutions Texas Reform Net, which describes itself as “a gateway to reform efforts and groups throughout the State of Texas,” hosts a Web site titled “A Revised Texas Constitution,” featuring a proposed Texas reformed constitution, an annotated 1975 constitutional proposal, and other related links. www.constitution.org/reform/us/tx/const/rev_con.htm 294 Practice Tests MULTIPLE CHOICE QUESTIONS 1) The longest article in the first Texas state constitution did which of the following? A) Granted powers to the executive branch B) Granted powers to the judicial branch C) Granted powers to the legislative branch D) Limited legislative powers E) Established the amendment process 2) _______ led to the drafting of the 1861 constitution. A) Secession B) Presidential reconstruction C) Congressional reconstruction D) Independence E) Reconstruction 3) The current Texas Constitution of 1876 was written under the governorship of one of the following: A) Richard Coke B) Anson Jones C) E. J. Davis D) Patrick Williams E) None of the above 4) An organization of farmers created in Texas following the economic panic of 1873 was known as: A) the Rangers B) the Grange C) the Frontiersmen D) the Patrons of Texas E) the Bavarians 5) The Enabling Act allowed Governor E. J. Davis to undertake one of the following. A) declare marshal law in any part of Texas B) appoint district attorneys, district clerks, sheriffs, mayors, and other local officials C) declare a state of emergency D) issue judicial pardons without legislative consent E) All of the above 6) During the constitutional convention of 1875, “retrenchment and reform” was the motto adopted by: A) the Rangers B) the Frontiersman C) the Grange D) the Patrons of Texas E) the Muscrats 295 7) According to Article 17, there is only one method for amending the Texas Constitution A) proposal by a joint resolution of the House and Senate B) proposal by a special constitutional convention C) proposal by the House and a ratification by the Senate D) proposal by the House and the Senate, ratified by three-fourths of the counties E) none of the above 8) One of the consequences of having a statutory constitution is that A) it makes policy making much faster B) it limits executive budgetary prerogative C) it generally requires a constitutional amendment to make major and even minor changes in government D) it grants more budgetary control to the citizens E) it protects judicial independence 9) Article 7 provides all but which of the following for the Texas public school system? A) No superintendent B) No compulsory attendance C) Segregation of students D) No provision for local taxes to pay for the schools E) All of the above are specified by Article 7 10) The Texas state legislature is considered as A) a unicameral legislature B) a part-time citizen legislature C) a career public office D) an appointed legislature E) all of the above 11) How long does the Texas legislature hold its biennial sessions? A) 200 days B) 140 days C) 345 days D) 150 days E) 120 days 12) Which two decades saw an acceleration in the number of amendments to the constitution? A) 1920 and 1960 B) 1930 and 1980 C) 1950 and 1960 D) 1940 and 1970 E) 1970 and 1990 296 13) Because the 1974 convention was the entire legislature, it was besieged by all but which of the following political problems? A) Desire to seek reelection by legislators B) Institutional and personal rivalries C) Pressure from lobbyists D) Partisan/ideological differences E) All of the above were problems created by having the legislature be the convention 14) Which of these Acts allowed states to establish right-to-work laws? A) the Taft-Hartley Act of 1947 B) the Norris-LaGuardia Act C) the Wagner Act D) The Railroad Act E) The National Labor Relations Act 15) A right-to-work provision states that A) membership or nonmembership in a union cannot be a condition of employment B) non-union members cannot benefit from the union’s collective bargaining actions C) only union members can pay union dues D) employers can prevent employees form organizing union membership E) none of the above 16) A revisionist is a member of A) a legislature who supports piece-meal revision. B) a constitutional convention who will not accept less than a total revision to a constitution. C) a court who objects to any revisions in a constitution. D) a political party who supports piece-meal revision. E) an interest group member who supports piece-meal revision. 17) Voters rejected the eight amendments drafted out of the remains of the 1975 attempt to rewrite the constitution because of which of the following reasons? A) Political scandals surrounding the attempt B) Opposition from Governor Briscoe C) Active campaigns against the amendments by interest groups D) Fears of too strong a government E) All of the above were reasons for voter rejection 18) Out of the failed attempt to rewrite the constitution came eight amendments (none of which passed) that would have done all but which of the following? A) Created a flexible county government B) Created annual legislative sessions C) Established a veto session D) Created a unified judiciary E) If approved, the amendments would have done all of the above 297 19) The 1999 proposal for changes included all but which of the following changes to the judiciary? A) Reduced the number of courts B) Established a merit system for selecting judges C) Retained the split in the civil/criminal supreme court but having it become one court, two divisions D) Set the number of justices on each bench at 7 E) The Chief Justice would be the same for both divisions 20) In 2005, Texas passed a constitutional amendment banning same-sex marriage or civil unions. Only one county voted against the measure which passed by an overwhelming 76% of the popular vote. Which county was that? A) Tarrant county B) Travis county C) Harris County D) Beaumont County E) None of these TRUE/FALSE QUESTIONS 1) Texas was the 28th state admitted to the Union. 2) The Texas Constitution has been amended less than 200 times. 3) The motto of the 1876 convention was "Retrenchment and Reform." 4) The Texas Constitution of 1876 mandates a balanced state budget. 5) Governor Edmond J. Davis had extraordinary powers to maintain public order. 6) Except for the governor, all officeholders in a plural executive are appointed. 7) Texas governors have much more control over public policy than governors in other states. 8) The Amendment which removed Article 13 on the Spanish Land Titles was passed by the Texas legislature and adopted by the voters in August 1969. 9) One reason for the success of the 1974 constitutional revision effort was that the legislature was the constitutional convention. 10) A cockroach is a member of a constitutional convention who opposes any changes in a constitution. 298 ESSAY AND SHORT ANSWER QUESTIONS 1) What historical events caused Texas to draft several constitutions? 2) Why did the 1876 constitution differ from previous constitutions? 3) Briefly explain how Reconstruction affected the writing of the 1876 constitution. 4) Who was Edmond J. Davis and why is he considered important to Texas constitutional history? 5) Why did the 1974 Constitutional Convention fail? Compare and contrast the following: 6) the Texas Bill of Rights with the U.S. Bill of Rights 7) the current Texas Constitution with the U.S. Constitution 8) the Texas Constitution with other state constitutions 9) liberal constitutions and restrictive constitutions 10) cockroaches and revisionists 299 300 CHAPTER 17 LOCAL GOVERNMENT AND POLITICS IN TEXAS Chapter Goals and Learning Objectives Most students who have grown up in this country have, no matter what level of previous governmental studies, some intrinsic understanding of national and state politics and the three branches of government. Watching TV, sitting through civics class, or going to movies, students hear about at least some aspects of the national and state governments. However, few students have a real sense of what local government is, how it works, and how it affects them (except, perhaps, when a student receives a ticket from a city police officer). Local government is comprised of political subdivisions within state governments. There are three basic categories of political subdivisions that can be characterized as local governments: city governments, county governments, and special district governments. City governments are chartered by the state and most of them can conduct their governmental affairs independently of state government as long as they are not in conflict with the state constitution. County governments are essentially branch offices of state government and act as the local entity that administers and executes state law. Special districts are the fastest-growing form of local governments in Texas, serving single government purposes for specific geographic areas, governmental purposes not available in the area from other levels of local government. This chapter is designed to introduce you to local politics and government in Texas. The main topic headings for this chapter are: The Roots of Local Government in Texas Counties Cities Special Districts Toward Reform: Local Government and Politics in Texas In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull from the narrative. (Keep in mind that studying for objective tests is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of Texas local government including historical and constitutional influences the structure, role and function of counties as local governments and administrative arms of the state city governance in Texas and how the forms, powers and politics of municipal government have changed 301 the many and varied special district governments in Texas with an emphasis on water districts and school districts proposals for reform of local government structures, interactions, and policies Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. Hurricane Katrina and Rita in 2005— Harris County Judge Robert Eckels— Houston Mayor Bill White— local government officials along upper Texas coast respond to Hurricane Rita— government closest to the people— three basic categories of political subdivisions that can be categorized as local government (and their numbers): Councils of Government (COGs)— Local Government Code— Roots of Local Government in Texas local government in Texas under Spanish and Mexican rule— counties in the Republic of Texas— municipal corporations— early public education in Texas the politics of education— counties when Texas joined the Union— local government under the Texas Constitution of 1876— local incorporation of small cities allowed; legislature writing numerous municipal charters— home rule— 302 home rule comes to Texas cities— constitution amended in 1933 to allow counties home-rule authority but no county was able to do so— county home rule option repealed from constitution in 1969— Article 7, section 1, system of "public free schools"— patchwork system of public schools changed by 1900 action by legislature— Counties number of Texas counties— largest Texas county in territory— largest Texas county in population— least populated Texas county— Analyzing Visuals: Texas Counties and Population— Texas Association of Counties— multiple functions of counties— administrative arms of state government— locally elected governmental bodies— Structure of County Government fragmented power— county offices— four-year terms— County Commissioners’ Court: commissioners court— The Living Constitution: Article 5, Section 18— county judge— 303 constitutional county court— county courts-at-law— some county judges retain nonlitigation judicial authority— voting member and chair— commissioners’ court— county commissioners— precincts— terms and elections— roads— redistricting county commissioners precincts— Avery v. Midland County (1968)— District Attorneys and County Attorneys: district attorney (DA) or a criminal district attorney— elected from and serve one county but may be elected from and serve a judicial district— county attorney— Sheriff: sheriff— jurisdiction— county jail— County Clerk and District Clerk: county clerk— district clerk— in some small counties— 304 Judges and Constables: providing judicial and court services— number varies from county to county-County Tax Assessor-Collector: county tax assessor-collector— duties— county central appraisal districts— Treasurer and Auditor: county treasurer— county auditor— auditor appointed by panel of district judges— some counties request legislature to do away with treasurer— Authority of County Governments under Texas Constitution and statute— Local Government Code— limits to county government— counties and general ordinance-making authority— what county is authorized to do— regulatory zoning authority— county health care— general ordinance-making authority Texas Association of Counties— Elgin Bank v. Travis County and resulting action by legislature— county authority to regulate subdivisions— platting— 305 county responsibility for elections— Texas response to 2000 Florida voting fiasco— response to Congress’s Help America Vote Act of 2002— Finances of County Government revenue for county services— property tax— counties allow since 1987 to collect sales taxes but only under certain circumstances— fee revenue— 2005 legislative mandate regarding counties and court fee collections— number of state fees and local fees collected by county— counties propose constitution amendment regarding state mandates— Cities number of Texas cities— largest city— size variation of Texas cities— home rule cities— general-law cities— Local Government Code stipulation regarding home rule— flexibility— no neat categories for home-rule and general law cities— state laws passed to restrict home-rule cities— laws aimed at cities in a population bracket— why legislature passes laws seemingly at odds with home rule provisions of the Texas Constitution and Local Government Code— 306 Join the Debate: Should Texas Cities Be Allowed to Photograph Red-Light Runners?— Forms of City Governments form of city government mandated by Local Government Code for most general-law cities— Organizational Chart: City of Waller (General Law) (Figure 17.1)— four general types of city government that home-rule cities can opt for— most popular form of city government for home-rule cities in Texas— four general types of city government— Types of Government and Election Systems in Texas’s Top Ten Cities (Table 17.1)— Weak Mayor-Council: role of mayor— how mayor elected— duties of council— Organizational Chart: City of White Oak (Weak Mayor) (Figure 17.2)— Strong Mayor-Council: role of mayor— how mayor elected— strong mayor council form in U.S. and in Texas— Organizational Chart: City of Houston (Strong Mayor) (Figure 17.3)— Council-Manager: product of Progressive era— nature and duties of city manager— duties of council— 307 popularity of this form in Texas— Organizational Chart: City of Austin (Council-Manager) (Figure 17.4)— City Commission: Galveston— role of the city commissioners— spread of commission form after Galveston’s experience— reason for decline of city commissioner form— city commission governments in Texas today— Authority and Functions of City Governments multiple functions of cities— broad regulatory authority— collision of public needs and private property rights— Texas Municipal League— Politics Now: The Border Fence Finances of City Governments sources of city revenue— bond sales— effect on Texas cities of eliminating federal funding to local governments by Reagan administration— capital budgeting and operating budgeting by Texas cities— sewage and water treatment— innovative policies involving tax incentives— Municipal Annexation annexation— Municipal Annexation Act, 1963— 308 extraterritorial jurisdiction (ETJ)— how often and how much can a city expand each year— what city must do before annexing an area— number of miles outside its city limits an ETJ can exist— purpose of limited municipal controls in areas beyond city limits— what a city must provide an area once the city annexes it— limited-purpose annexation— strip annexation— amendments to Municipal Annexation Act— steps required of cities to annex after 1999 amendments— how citizens may enforce a service plan— writ of mandamus— Politics and Representation in City Governments nonpartisan elections— at-large election— at-large-by-place election— business coalitions and municipal elections— single-member districts— use of Voting Rights Act by minority interest groups— Type of Government Election Systems in Texas's Top Ten Cities (Table 17.1)— results of changes in election systems— cumulative voting— proportional representation— women in city governments— 309 Ideas Into Action: Students Run for Local Office— Special Districts constitution creates and allows the creation of single purpose political subdivisions by the legislature, counties, and cities— number of special districts in the state— number of special districts in Harris County alone— cities and counties are multifunctional while special districts perform just one function— Special Districts in Texas (Table 17.2)— Water Districts Texas Constitution and water management— Water Code— water districts— groundwater conservation districts— Texas Commission on Environmental Quality (TCEQ)— School Districts most common type of special district— local school districts in Texas and comparison to other states— elected school trustees and function— all of Texas divided among school districts of varying size and population— shifting degree of state oversight and regulations— State Board of Education— Texas Education Agency— new education code in 1995— home-rule school districts allowed— 310 charter schools— types of school district elections— school district elections, legislation and litigation— school-finance revisions and problems— property taxes— Toward Reform: Local Government and Politics in Texas reforms of local government structure, politics, and policies considered— Austin's resistance to municipal election reform— 1990s reforms of land-use regulation and county power to pass ordinances for platting and subdivision control— efforts to abolish some county offices for specific counties— funding Texas's public schools and battle between rich and poor districts— 2007 Wimberley school trustees vote to defy state law and refuse to make required payment to state to redistribution to poorer school districts; response by TEA and education commissioner— Research Ideas and Possible Paper Topics 1) Select two Texas cities that are demographically diverse and that hold two different types of elections, specifically at-large city council elections and single-member districts’ council elections. Evaluate the policies supported by the councils according to whether or not the policies address the political interests of the minority ethnic groups in the two cities. 2) Annexation is a politically explosive issue of local government. To gain a better sense of the advantages and disadvantages of the annexation, select a city in Texas that has had direct experience with the issue. Interview city officials about their opinion of the annexation and interview residents who reside in a newly annexed area. 3) Attend an open city council meeting in your city. Identify the city officials who attended the meeting, explain the meeting’s agenda, and describe the extent of public participation in the meeting. Then, based on your experience at the meeting, discuss whether or not you think local government is efficient and democratic. 311 4) Many Texans live in suburbs that use special district governments known as MUDs (municipal utility districts). What are MUDs? What is their function, how are they formed, how are they operated and how do they fund their services? 5) Public school financing in Texas remains a fluid and controversial issue for school districts and state government. What are some of the current problems surrounding public school financing in the state and in your local school district? Web Sites Most Texas cities have Web sites. To access a city’s Web site, click on the name of the city on this Web site by State and Local Government on the Net. www.statelocalgov.net/state-tx.cfm#City Most Texas counties have Web sites. To access a county’s Web site simply click the link for the county as listed on this Web site provided by Online Texas. www.texasonline.com/portal/tol/en/gov/6/2 The Texas Association of Counties maintains a Web site that offers users information about the Association’s membership, activities, publications, legislative bills related to counties, and more. www.county.org The Texas Municipal League is a private, non-profit association providing legislative, legal, and educational services to member cities in Texas. www.tml.org The Texas Association of Regional Councils serves as a coordinating entity for the local Councils of Government (COGs) in Texas. Texas COGs are regional planning boards in Texas to assist local governments in the given regions to coordinate local services. The TARC’s Web site provides local government information, including information regarding special district governments. www.txregionalcouncil.org The Local Government Code for the State of Texas is available from the Texas Legislature Online. tlo2.tlc.state.tx.us/statutes/lg.toc.htm The Special District Government Code for the State of Texas is available online. tlo2.tlc.state.tx.us/statutes/sd.toc.htm The Texas Education Agency Web site provides information about Texas schools and links to all independent school districts in the state. www.tea.state.tx.us 312 Practice Tests MULTIPLE CHOICE QUESTIONS 1) The aftermath of Hurricanes Katrina and Rita that struck Louisiana and Texas in AugustSeptember 2005 demonstrated all of the following except one: A) the importance of the role of local governments in emergency management B) the tensions between state and local officials C) the potential for local government leadership to create opportunities for statewide political leadership D) loopholes in the nation’s emergency management capabilities E) the need for increased regulation of private sector industries along the Texas coast 2) Based on census estimates for 2007, the state of Texas has about: A) 254 counties B) 1,209 cities C) 3,372 special districts D) All of the above E) None of the above 3) In 19th Century rural America, one of these was for most people in Texas the predominant point of contact with the government A) municipalities B) counties C) precincts D) wards E) town unions 4) Texas adopted a constitutional amendment in 1912 as a result of one of these A) increased tax protest B) a potential war with Mexico C) municipal home rule movement D) increased immigration for Mexico E) growing immigration for other southern states 5) By the time the Republic of Texas ended, it had created one of the following: A) Fifty-five townships B) Fifty-six counties and townships C) Thirty-six counties and incorporated fifty-three cities D) Forty counties and thirty-four cities E) none of the above 6) All of these except one are the functions of the county clerk A) keep records for county commissioners court B) keep records for county courts C) keep records for real estate titles D) keep records of marriage licenses E) keep records for district courts 313 7) Which of the following officials serves as the chief law enforcement officer in a county? A) the county attorney B) the district attorney C) the sheriff D) the county commissioner E) the deputy 8) One of these elected officials collects taxes for the county and sometimes for other local governments A) county treasurer B) county auditor C) county tax assessor/collector D) county clerk/recorder E) county payroll officer 9) In Texas, cities with fewer that 5,000 residents, and governed by a general state law rather than by a locally adopted charter are known as A) home rule cities B) general law cities C) special municipalities D) chartered cities E) none of the above 10) A form of city government in which the mayor has no more power than any other member of the council is known as A) strong-mayor council B) weak-mayor council C) council-manager D) mayor-manager E) none of the above 11) On September 8, 1900, the deadliest natural disaster (hurricane) in U. S. history devastated which of these cities in Texas? A) Houston B) Austin C) Galveston D) Beaumont E) Prairie View 12) One of these serves as the professional lobbying arm of cities in the state of Texas: A) Texas Municipal League B) Texas Commission C) Texas County and City Commission D) Texas Municipal Charter Group E) Texas Plains Commission 314 13) In Texas, one of these is of the highest priority in capital budgeting A) emergency management B) pesticide control C) fire control D) sewage and water treatment E) ambulatory services 14) The area outside a city’s boundaries over which it may exercise limited control is known as A) suburbia B) gentrification C) extraterritorial jurisdiction D) outskirts E) municipal realignment 15) The enlargement of a city’s corporate limits by incorporating surrounding territory is known as A) municipal redistricting B) municipal reapportionment C) municipal annexation D) home rule annexation E) none of the above 16) The League of Latin American Citizens (LULAC), the National Association for the Advancement of Colored People (NAACP), and other civil rights organizations used the Voting Rights Act to challenge which of these type of elections in Texas? A) single-member district B) at-large municipal elections C) at-large-by zone elections D) at-large-by ward elections E) none of the above 17) One of these individual was a one time mayor of San Antonio and also served as a cabinet secretary in the Clinton administration A) Ed Garza B) Gus Garcia C) Raymond Caballero D) Elzie Odom E) Henry Cisneros 18) Which of the following types of elections or voting methods are more likely than at-large elections to yield results that closely reflect a city's population? A) at large elections B) at-large-by-place elections C) proportional representation D) runoff elections E) multimember district elections 315 19) A method of voting in which voters have a number of votes equal to the number of seats being filled, and voters may cast their votes all for one candidate or split them among candidates in various combinations, is known as A) proportional voting B) cumulative voting C) Australian ballot D) selective voting E) none of the above 20) A public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations, is known as A) special school district B) charter school C) home school D) honor school E) auxiliary school TRUE/FALSE QUESTIONS 1) Most Texas cities are in home-rule counties. 2) Harris county has more people than 24 other states. 3) The entire commissioner's court is up for election every two years. 4) Some counties no longer have a county auditor because the duties overlapped with those of the treasurer, and so the two were combined into the treasurer's position. 5) Cities with fewer than 5,000 residents are general-law cities. 6) City commission governments have city managers. 7) Strong mayor-council city governments do not hire city managers. 8) The issue of annexation has caused very little political controversy. 9) In 1999, amendments adopted to the 1998 Texas Municipal Annexation Act granted county governments the power of annexation. 10) Most cities in Texas still have at large elections. ESSAY AND SHORT ANSWER QUESTIONS 1) Discuss the reasons behind the adoption of home rule and explain how home rule cities differ from general law cities. 2) Discuss the authority and functions of county government. 3) Briefly explain the roles of at least five county officers. 316 4) How do special districts differ from county governments? Compare and contrast the following: 5) home rule cities and general law cities 6) city governments and county governments 7) weak mayor-council and strong mayor-council 8) council-manager and city commission 9) school districts and water districts 10) Why did the Texas legislature create home-rule cities? How do home-rule cities operate differently than general-law cities? Is home rule a good idea? 317 318 CHAPTER 18 THE TEXAS LEGISLATURE Chapter Goals and Learning Objectives Back in 1866 Mark Twain said, “No man’s life, liberty, or property is safe while the legislature is in session.” The same is often said every two years of the Texas legislature when it is gaveled into session in Austin in January of odd-numbered years for a 140-day regular session. A part-time body whose members are paid $7,200 a year for their services, this so-called “citizens legislature” was conceived for a rural state in 1875 by Texans angry over heavy-handed Reconstruction rule by carpetbagger radical Republicans from the North. Those angry Texans eviscerated the governorship and met their desire for a weak legislature in the Constitution of 1876 so as never to suffer a powerful government over them again. Some would say that their efforts were quite fruitful if, indeed, the goal was to create a government of inefficiency in general and control by the wealthy elite in particular. The Texas legislature reflects the Old South concept of protection of the wealthy landholder. Once controlled solely by conservative Democrats, the institution in now run by conservative Republicans, both groups often taking their direction from powerful special interest groups that serve as the institutional memory for the body every two years. The dominance of the Republican Party in Texas from a minority party to the majority party is illustrated in changes in the Texas legislature. The legislature is not structured along minority/majority party lines because of the post-Reconstruction dominance of the Democratic Party. There was no need to organize the legislature by party membership because the vast majority of the membership was Democratic. Today, both the Texas House of Representatives and the Texas Senate are led and dominated by Republicans. This chapter is designed to introduce you to understand the history, structure, purpose, activities and decision-making process of the Texas legislature. The main topic headings for this chapter are: Roots of the Legislative Branch The State Constitution and the Legislative Branch of Government Who Are the Members of the Legislature and How Do They Represent the Public? How Is the Texas Legislature Organized? How Does the Legislature Make Laws and Budget? How Do Legislators Make Decisions? The Legislature and the Governor Toward Reform: The Public and the Legislature In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull 319 from the narrative. (Keep in mind that studying for objective tests is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: what earlier Texas legislatures were like: the historical and constitutional roots of the legislative branch, its evolution from its roots in Mexico to its contemporary structure the provisions of the Texas Constitution that define and limit the legislative branch of government, indicating how the state constitution affects legislators and their performance influences on the makeup of the legislative membership and characteristics of the membership, including electoral, personal, and political variables how legislative leadership and opposition are organized and how they operate the process of passing laws and budgets and the rules and procedures for moving those processes forward, including the stages of the legislative and budgeting process forces influencing legislators in the decision making, the interactions among legislators and between outside actors and legislators the formal and informal powers of the governor in the legislative process and how the governor influences legislators new reforms of the Texas legislative process Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. "Otto Craddick"— attempt to strip Tom Craddick of the speakership— Democratic electoral gains in 2006— Craddick wins and punishes opponents— Speaker Craddick likened to a dictator— 2007 session limps to a close— Craddick D's— constitutional amendments— 320 redistrict— impeach— Roots of the Legislative Branch predecessors to the Texas legislature— bicameral Congress under the Constitution of the Republic of Texas— 1st Legislature of the State of Texas— first legislature to meet under the Texas Constitution of 1876— Texas legislatures historically have governed a society of mixed populations— African American representation during and after Reconstruction— white supremacists regain power over the legislature after Reconstruction— African Americans in Constitutional Convention 1875— African American legislators from 1871-1872— The State Constitution and the Legislative Branch of Government bicameral Texas legislature— size of Texas Senate— size of Texas House— The Living Constitution: Article 3, Section 25— bill must pass both houses— responsibility of initiating action to raise revenue— responsibility of approving gubernatorial nominations— impeachment process— Constitutional Provisions Affecting Legislators Constitutional Requirements Affecting Texas Legislators (Table 18.1)— Length of Terms: 321 length of terms for House— length of terms for Senate— staggered term— Temporary Acting Legislators: Article 16, section 72 amended— replacement for active military service— Compensation: Texas legislative salaries compared to other states— monthly salary— per diem— 1974 constitutional amendment regarding legislative pay— Ethics Commission and legislative pay— Sessions of the Legislature biennial legislature— regular session— special (called) session— a "hybrid" legislature— Texas in Comparison: Legislatures in the United States— Who Are the Members of the Legislature and How Do They Represent the Public? Variables Affecting Members’ Elections two significant election variables in determining who the members of the legislature are: 1) 2) 322 Redistricting: single-member districts— redistricting— Timeline: Redistricting and the Texas Legislature— census— rural versus urban— Legislature Redistricting Board created— approximate size of Senate district after 2000 census— approximate size of House district after 2000 census— primary players in redistricting politics— gerrymander— 1991 redistricting— 1993 redistricting— 1995 Republican lawsuit over House plan— 2001 legislative redistricting— Legislative Redistricting Board— courts’ influence on 2001 redistricting— 2001 legislature's failure to redistrict congressional lines— federal lawsuits; US Supreme Court 2002 decision— Republican controlled legislature changes congressional districts in 78th Legislature— Democratic walk-out— Dewhurst and traditional calendaring rule—— 2006 Supreme Court decision on the Republican revisions— Join the Debate: Would Nonpartisan Redistricting Produce Better (or Different) Results?— 323 Reelection Rates and Turnover of Membership: in the early years of the legislature— incumbents— turnover rates— reelection rates after redistricting— average tenure of incumbents in Texas legislature in 2007— term limits— Personal and Political Characteristics of Members Texas House Membership, 1979-2009 (Figure 18.1)— Texas Senate Membership, 1979-2009 (Figure 18.2)— Occupation, Education, and Religion: 2007, percentage of businesspersons and attorneys— possible reasons for continued domination of businesspersons and lawyers— results of increasing number of Republicans— 2007, education characteristics— religion characteristics from 1970s to 1990s— Gender, Race, and Age: historically male— current trend— percentage of women and minorities— 2009 Texas House membership— age characteristics— 2007 average age of House and Senate— 324 Political Party: past dominance of Democratic Party— contemporary dominance of Republican Party— reversal of trend in 2006 and 2008— Ideology: four kinds of ideology useful in analyzing legislative voting patterns in Texas (see chapter 20)— voting patterns for populism and libertarianism— Analyzing Visuals: Ideological Voting Patterns in the Texas House of Representatives— Ideology and Partisanship: distinct difference between legislative Democrats and Republicans— partisan differences more evident— party outliers over the past few sessions— old system of bipartisan conservative dominance supplanted— How Is the Texas Legislature Organized? the key organization units in the Texas Legislature— Leaders president of the Texas Senate— president pro-tempore (pro-tem)— Speaker of the House— Speaker pro tem— Committees committee— Types of Legislative Committees (Table 18.2)— 325 standing committees— ad hoc and permanent subcommittees— Legislative Committees of the 80th Legislature, 2007-2008 (Table 18.3)— House and Senate membership on committees— power of Lieutenant Governor and Speaker to appoint members to committees— seniority— who appoints subcommittee members and chairs?— committee work— “dog and pony shows”— Glossary of Legislative Lingo (Table 18.4)— Organizing for Power and Influence in the Legislature role of parties in the Congress, most legislatures, and in the Texas legislature— in the absence of parties— legislature party caucus— 1980s and the first party caucuses— strong party system antithetical to strong Speakers and Lieutenant Governors— Leadership and Opposition in the House custom in the 1800s and by the middle of the twentieth century for Speakers’ terms— Gus Mutscher— Sharpstown scandal— House votes publically for a Speaker— result of open balloting for Speakerships— Tom Craddick— the Speaker in 2009— 326 The Speaker’s Race: Speaker’s race— pledge cards— fundraising— quasi-party organization— 2003 investigation by Travis County District Attorney Ronnie Earle of campaign activities of several individuals and groups— indictment of U.S. House Majority Leader Tom DeLay— Texas House Speaker’s race never ends— Speaker’s lieutenants— Speaker’s team— when a Speaker retires— House Leadership and the Political Parties: control of House before 2003— the parties and the Speakers’ races— conservative Democratic faction— House Democratic leaders supported bipartisanship and rejected attempts at party caucuses— Speaker Laney— The Speaker’s Influence over Committees: Speaker’s ability to stack important committees from controlling faction— historically, no restraints on speaker’s power to assign committee membership— assignments as rewards and punishment— 1970s limited reform— before and after the reforms— 327 House Opposition and Political Parties: not along party lines traditionally— party caucuses considered polarizing— House Republican Caucus— bipartisan committee leadership— Organizing in the House Through Nonparty Caucuses: nonparty legislative caucus— in the absence of strong parties— nonparty caucuses as opposition vehicles— nonparty caucuses in 2007— House Study Group— House Research Organization— Texas Conservative Coalition— Texas Conservative Coalition Research Institute— Legislative Study Group— Leadership and Opposition in the Senate constitution on the lieutenant governor— 1999 amendment requiring election of lieutenant governor from within Senate if vacancy in Senate presidency— Rick Perry and Bill Ratliff— David Dewhurst— The Role of the Lieutenant Governor: Texas lieutenant governorship versus other states’ lieutenant governorships— powers of the Texas lieutenant governor— 328 Texas Senate writes its own rules and the powers its written historically for the lieutenant governor— in the absence of a majority party leader in the Texas Senate— Coalition Building in the Senate: how leadership and opposition are typically organized in the Texas Senate and why— responsibilities of lieutenant governor— partisanship in the Senate— first Republican lieutenant governor in the twentieth century— Rick Perry— appointments by party affiliation in 2005 and 2007— why a lieutenant governor of one party will appoint members of the opposition party to chair committees and subcommittees— conservative faction— recent manifestation of this leadership faction— result of near disappearance of conservative Democrats— liberal Democrats— Senate two-thirds rule— How Does the Legislature Make Laws and Budgets? legislative process— What Is a Bill? What Is a Resolution? resolutions— statute— bill— joint resolution— simple resolution— 329 concurrent resolution— Rules, Procedures, and Internal Government what the rules adopted by House and Senate reflect— housekeeping resolutions— How a Bill Becomes a Law reading a bill— filing and clerk assigning a number— Basic Steps in the Texas Legislative Process (Figure 18.3)— bills in committee— committee chair decides— public hearings— formal meetings— referral to subcommittee— reported from subcommittee— House and Senate diverge on what happens after committee— The House Calendars Committee: Calendars Committee— 1993 changes in Calendar Committee’s operation— advance posting; public vote on placing on calendar— circumventing this requirement— The Senate Calendaring Function Senate Administration Committee— Local and Uncontested Calendar— Senate two-thirds rule— notice of intent— 330 intent calendar— bottleneck bill— vote to suspend the rule on regular order of business— method by which the Senate assures deliberation and compromise— two-thirds rule— 1979 Killer Bees— 2003 and the congressional redistricting bill— Dewhurst, two-thirds rule “merely a Senate ‘tradition’”— John Whitmire— The Bill Reaches the Floor: “floor”— quorum— housekeeping measures— first reading— third reading— second reading— process in the Senate— filibuster— germane— engrossed bill— Two Bill Into One: The Final Stages: Texas Constitution requires that a bill must be adopted by both houses in exactly the same form— concur or not concur— 331 conference committees— enrolled bill— The Budgeting Process biennial budget— complex budgeting process— 1931, legislature designates Governor state’s chief budget officer while giving State Board of Control responsibility to prepare the budget— 1951, Governor Shivers moves budget function into governor’s office— 1951 Legislative Budget Board (LBB) implemented— legislature ignores governor’s proposed budget in favor of LBB’s budget proposals— LBB and Governor's Budget Office hold joint hearings before regular session begins— LBB and Governor’s Budget Office each prepare separate budget proposal— balanced budget— deficit spending— debt— additional constitutional spending limit adopted in Texas— growth of Texas economy for 2008-2009— budget execution authority— How Do Legislators Make Decisions? legislators interact with various entities in making decisions on how to vote— back scratching and logrolling— Growth of Legislative Staff states with significant party staff capabilities— party caucuses in the Texas Legislature— 332 staff roles— individual, institutional, and group staffing— current staffing in Texas legislature— Staffing for Technical Assistance, Specialized Information, and Political Assistance Legislative Council— Legislative Budget Board (LBB)— staffing issues of the 1960s and 1970s— committee staff— typical legislative staff for House and Senate and their duties— Relations with Lobbyists open government measures— 2007, number of lobbyists registered with Texas Ethics Commission— lobbyists' work on behalf of their group— in trying to persuade legislators— lobbyists as information source— perceived competition for lobbyists— The Ethics of Lobbying Frank Sharp and Sharpstown scandal— Brilab— “Bo” Pilgrim— Speaker Gib Lewis misdemeanor convictions— lobbying activities and election and campaign activities— symbiotic relationship of lobbyists-legislators in campaign finance— 333 The Legislature and the Governor Texas governors' power in dealing with legislature— emergency declaration— governor and special sessions— length and agenda of special sessions— governor's choices on action regarding bills at the end of the legislative process (including vetoes)— when and if legislature can override veto— Toward Reform: The Public and the Legislature challenges to Tom Craddick's speakership— Speaker Pete Laney's unsuccessful effort for campaign finance reform— stirring public interest in reform— voting procedures and nonrecorded votes— 2007 passage of HJR 19— proponents and opponents of constitutional rule requiring a record vote on final passage of a measure— "ghost voting"— YouTube video triggering public response to legislative practice— Research Ideas and Possible Paper Topics 1) Select a bill and track its progress through the legislature. Explain why the bill was successful or unsuccessful. (Information regarding past and current bills can be accessed at the Senate’s and the House of Representative’s Web sites. For further information on these Web sites, see the Web Sites section for this chapter.) 2) Although Anglos have dominated the membership of the Texas legislature, the legislature has become more ethnically and racially diverse and the trend continues. Do you think this change in the demographics of the legislature’s membership will affect the type of legislation produced by the legislature, especially around matters concerning minorities? 334 3) If you wanted to be elected Speaker of the Texas House in the next legislative session, how would you run your “speaker’s race”? How does your campaign plan compare to the speakers race for the 81st legislative session which began in January 2009? 4) Examine the role of the lieutenant governor of Texas as president of the Texas Senate. Compare his powers as president of the Senate to the powers of the vice president of the United States as president of the U.S. Senate. Why are the lieutenant governor’s powers over the Texas Senate so significantly greater than those of the vice president’s over the U.S. Senate? 5) Examine the role of campaign finance as an influence over the decision-making process of Texas legislators. Why and how are lobbyists so powerful and influential over the legislative process in Texas that they are called often the “fourth branch” of Texas government? Who are some of the most significant lobbyists in Austin? Are they former members of the legislature or former key staff members? Web Sites The Texas House of Representatives maintains a Web site that provides information about bills, committees, members, and more. www.house.state.tx.us The Texas Senate maintains a Web site that provides information about bills, committees, members, and more. www.senate.state.tx.us Texas Legislature Online is a Web site that provides users with legislative information and resources as well as links to the Web sites of agencies associated with the Texas legislature, such as the Texas Legislative Council and the Legislative Budget Board. www.capitol.state.tx.us Texas Legislative Council provides the Texas legislature and legislative agencies with bill drafting and research services. They also provide Texas’s state agencies with information. www.tlc.state.tx.us Texas Legislative Reference Library provides research and reference assistance to the Texas legislature, other state agencies, and the public. www.lrl.state.tx.us/library/about.html The Texas Ethics Commission hosts a searchable data base of lobbyists registered to work to influence the Texas legislature. www.ethics.state.tx.us/dfs/loblists.htm The Texas Ethics Commission also hosts a page on its Web site with information on lobbying in Texas and Texas law regarding lobbying. www.ethics.state.tx.us/guides/LOBBY%20guide.htm 335 Texans for Public Justice has prepared a report entitled “Austin’s Oldest Profession: Texas’ Top Lobby Clients & Those Who Service Them,” a scathing examination on the tremendous influence big-money lobbyists have over the Texas legislature. www.tpj.org/reports/lobby02/index.html Practice Tests MULTIPLE CHOICE QUESTIONS 1) The Texas House of Representatives consists of ________ representatives. A) 31 B) 75 C) 100 D) 150 E) 435 2) The Texas legislature typically meets A) once a year. B) twice a year. C) once every 2 years. D) once every 3 years. E) continuously. 3) Turnover for legislative seats in elections before redistricting is usually ___. After redistricting, turnover is usually ___. A) Low ... high B) High ... low C) Low ... also low D) High ... also high E) High ... low or high, depending on how difficult redistricting was 4) The Texas Senate consists of ________ senators. A) 25 B) 31 C) 50 D) 100 E) 315 5) Who is allowed to call a special session of the legislature? A) The governor B) The Speaker C) The lieutenant governor D) The majority leaders E) All of the above 336 6) Texas law requires redistricting every how many years? A) 5 B) 10 C) 15 D) 20 E) 25 7) Which religious groups have the biggest membership in the legislature? A) Catholics B) Baptists C) Methodists D) Episcopal E) Other Evangelical groups 8) The president of the Senate is the A) President pro tempore B) Speaker C) Majority Leader D) Minority Leader E) Lieutenant Governor 9) Interim committees meet A) To focus on legislation B) On a permanent basis C) To focus on rules and administrative procedures D) Between sessions of Congress E) All of the above 10) What is the key organizational unit in the Texas legislature? A) Committees B) Party C) Caucuses D) Coalitions E) Sub-committees 11) What does the expression "That dog won't hunt" mean in Texas politics? A) It expresses a disbelief in another person's argument B) It expresses a lack of faith in a person's convictions C) It expresses a lack of political power D) It states that something is a "non-issue" E) It could mean anything; Texans talk funny. 12) Which resolution sets office budgets, policies for employees, administrative authority of the leadership, and the governing of caucuses? A) Joint B) Concurrent C) Housekeeping D) Simple E) Standing 337 13) A resolution that passes through and is binding on one chamber only is what kind of resolution? A) Concurrent B) Joint C) Simple D) Ad hoc E) Housekeeping 14) Within the Texas legislature, the substantive floor debate on a bill occurs on its ________ reading. A) first B) second C) third D) fourth E) terminal 15) In Texas, the purpose of a filibuster is to A) suspend the regular order of business, so that a bill may be voted on. B) activate the regular order of business, so that a bill may be voted on. C) pass a bill by requiring that a quorum vote on it. D) kill a bill by refusing to allow a vote on it. E) get a bill out of committee. 16) What kind of bill is given final approval on the 3rd reading in the chamber where the bill originated? A) Simple B) Engrossed C) Enrolled D) Enlisted E) Enabled 17) Which of the following is not a job of the legislative staff? A) Provide constituent services B) Provide Administrative Support C) Draft Legislation D) Negotiate with lobbyists E) Propose legislation in the absence of a representative 18) Which of the following is a joint legislative committee that provides legal advice, bill drafting, program evaluation and other services to members of the Texas legislature? A) Legislative Budget Board (LBB) B) Calendars Committee C) Legislative Council D) Office of the Lieutenant Governor 338 19) The legislative council does all but which of the following? A) Maintains a large year-round staff to provide legal advice B) Drafts bills C) Conducts policy studies D) Manage the computer systems E) The council is responsible for all of the above 20) Which of the following questionable lobbying practices--or results of such practices--did not happen in Texas? A) A Speaker was netted in a "sting" operation conducted by the federal government B) Lobbyists spent "outlandish" sums of money "wining and dining" legislators C) A chicken magnate handed out checks to Senators on the Senate floor D) Legislators created privately funded "officeholder accounts" E) All of the above did happen in Texas TRUE/FALSE QUESTIONS 1) Texas legislators are among the highest paid in the nation. 2) Many states have strong partisan staff to assist legislators. Texas does not. 3) The length of term for a Texas Senator is six-years and for a Texas House member is twoyears. 4) Legislators are chosen in multimember districts. 5) There are no term limits on Texas representatives and senators. 6) The number of women and minorities in the Texas legislature has increased in recent decades and now approximates their proportions in the general population. 7) The party has become less dominant in the House in recent years. 8) Though ostensibly a public matter, in truth most decisions to hear a bill are conducted behind the scenes. 9) The Killer Bees prevented a change in the Texas primary process in 2003. 10) A quorum is the minimum number of votes a bill needs to pass the Senate. ESSAY AND SHORT ANSWER QUESTIONS 1) Discuss the causes of the redistricting crisis in Texas in 2003. 2) Briefly discuss how the personal and political characteristics of members of the Texas legislature have changed during the last thirty years. 3) What are the powers of the speaker of the House? 339 4) List the differences between a bill and a resolution. Discuss the three different types of resolutions. 5) What is the Legislative Council and what services does the Council provide members of the legislature? Compare and contrast the following: 6) Rules in the House of Representatives and the Senate 7) Leaders in the House of Representatives and the Senate 8) Special session and regular session 9) A joint resolution, a simple resolution, and a concurrent resolution 10) First reading, second reading, and third reading 340 CHAPTER 19 THE GOVERNOR AND BUREACURACY IN TEXAS Chapter Goals and Learning Objectives When George W. Bush campaigned for the presidency in 2000, he often touted his record of executive leadership as Governor of Texas, laying claim to improving education, cutting taxes, and increasing important state services. To put it charitably, he was stretching the truth. Of course, politicians on the stump are wont to stretch facts egregiously if not caught, and few caught Mr. Bush’s big ones. He got away with the exaggerations because few folks understand that Texas’s governor is not a true chief executive, responsible for managing the ship of state, but is instead just one among many in the Texas plural executive model. And his actual powers over the legislature are weak as well. Too bad for Al Gore back in 2000 that he had not studied Texas government as you are now doing. This chapter examines Texas’s plural executive form of government. The strong executive or single-executive model exists on the federal level, while the Texas Constitution of 1876 constructs a plural or weak executive model. Power in the executive branch is divided among elected officials, appointed officials, and more than 100 executive boards and commissions. Texans, angered by the iron hand of the Republican Reconstruction administration of E.J. Davis, took the Texas governorship and placed it under the mallet of the Texas Constitution of 1876, smashing it as one might smash a ripe tomato, spreading its power about as far as fruit of the tomato would splatter. While the Texas governorship is not without power and certainly not without prestige, it is, nevertheless one of the weakest governorships in the nation. Yet, candidates spend millions every four years to win the office. This chapter will examine why, and what the governor really can do, despite what the candidates are willing to tell you. This chapter is designed to introduce you to the executive branch of Texas government. The main topic headings for this chapter are: Roots of the Executive Branch in Texas The Constitutional Roles of the Governor The Development of Gubernatorial Power The Governor as Policy Maker and Political Leader The Plural Executive in Texas Modern Texas Bureaucracy Making Agencies Accountable Toward Reform: Gubernatorial and Executive Power In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull from the narrative. (Keep in mind that studying for objective tests is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) 341 In general, after you finish reading and studying this chapter, you should understand the following: roots of the executive branch of government in Texas: how the Texas governorship and division of executive authority developed the constitutional roles of the governor, particularly those of chief of state, chief executive, and commander in chief the development of gubernatorial power, the powers of the Texas governor in political roles, and the Texas governor’s powers compared to the powers of other states’ governors the governor's role as policy maker and political leader, and how Texas governors achieve policy goals through use of political and personal skills the plural executive, the elected officials of the plural executive, and their duties the structure of the modern Texas bureaucracy, its organization, and operations how state agencies are held accountable by the legislature and the governor efforts for reform of gubernatorial and executive power Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. Governor Rick Perry and his executive order regarding Gardasil injections against human papillomavirus (HPV)— supporters and opponents to Perry's position— Perry's connection to the drug's manufacturer— issue of gubernatorial power over executive agencies— plural executive— Roots of the Executive Branch in Texas Governador de Tejas— the governor and executive council of Coahuila y Tejas after the Mexican Revolution— 342 From President of the Lone Star Republic to Governor of Texas chief executive of the Republic of Texas— cabinet— governorship and powers after Texas joined the United States— the governor under successive Texas constitutions— effects of Constitution of 1876 on governor— how many governors of Texas under this constitution?— Texas Governors, 1876-2009 (Table 19.1)— Terms of Office state constitution and governorship— Length and Number of Terms: established as two-year term in 1876, then four-year effective in 1974— no term limit— service of various governors— Rick Perry’s record— Salary: set in constitution— amended in 1954— legislature sets governor’s salary— 2006 and 2009 salary— Texas governor’s salary in national ranking— Impeachment: Jim Ferguson— Miriam Ferguson— 343 Succession: constitution provides for succession— 1999 constitutional amendment— five lieutenant governors succeeded to governorship— The Constitutional Roles of the Governor Who was Sam Houston? (see picture and caption, page 555)— chief of state— chief executive officer— commander in chief— Article 4, section 9 of the Texas Constitution— chief budget officer— Article 5, section 28— Article 4, section 11— clemency— Board of Pardons and Paroles— governor’s message to the legislature— veto threat of veto— The Development of Gubernatorial Power Texas governor's powers compared to other states' governors— Characteristics of Gubernatorial Power scale to measure the power of governors— four variables on the scale— where strong governors are found in U.S.— 344 Restriction of Governors’ Powers distrust of government and governors in the eighteenth and nineteenth centuries— Jacksonian era— reaction to Reconstruction— governor under 1869 constitution— E. J. Davis— anti-administration legislature and new constitution— desire to punish Davis and constrain future governors— Comparing the Texas Governor with Other Governors differences among the fifty governors— cabinet system— plural executive in Texas— Join the Debate: Should the Texas Governor Have a Cabinet?— Texas tied for the weakest state governors— Powers of the Texas Governor Compared to Other Governors (Table 19.2)— factors in the political arena that allow governors to amass and exercise more strength— personal power of governors— The Governor’s Power to Appoint Executive Officials appointment of agency heads— State Agency Heads Appointed by the Governor (Table 19.3)— appointments to boards, commissions and advisory panels— 1993 court case and designation by legislature of appointment power— Texas Senate approval of governor’s appointments— vote requirement for U.S. Senate confirmation of presidential appointments; vote requirement for Texas Senate confirmation of gubernatorial appointments— 345 senatorial courtesy— analysis of appointees reveals that governors tend to appoint these types of people— overrepresentation and underrepresentation— overrepresentation— underrepresentation— patterns of gubernatorial appointments— role of campaign donations in appointments by governor— campaign contributions from individuals and groups— The Power of Staff and Budget broad responsibility of governor’s staff— affect of preferences of each governor on staff— growth of Texas executive branch and governor’s staff since the 1950s— Office of the Governor— budget for staff, housing, and other activities— The Governor as Policy Maker and Political Leader wielding political power— “Chief Persuader of Texas”— where the political leadership that a governor provides flows from— Analyzing Visuals: Ideology and Governors— how electoral linkages help the governor— Public-Opinion Leadership media relations efforts— news conferences— 346 Relationship with the Legislature various tools used by the governor— state of the state message— emergency proclamations— special sessions of the legislature— veto power— The Living Constitution: Article 4, section 14— pocket veto— “Father’s Day Massacre”— when most bills are passed in the legislature— when most vetoes occur— override of veto— line-item veto— why the line-item veto can be such a powerful weapon for the governor— riders— Executive Orders Texas governors use executive orders primarily for this purpose— Section 418.012 of the Government Code— only area where government has strong constitutional and statutory footing to order action by other executive officials— areas where executive order have weaker legal footing— Bill Clement’s Executive Order WPC-1— Ann Richards’ Executive Order 92-1— Rick Perry's Executive Order RP-65— 347 The Plural Executive in Texas many Texas state executive agency heads elected directly by the people of Texas— other states— "governors-in-waiting"— Attorney General attorney general— chief civil council to state government— why attorney general is independent of the governor— duties as chief counsel to state agencies— little authority in criminal law— other responsibilities as civil council for the state— Deceptive Trade Practices Act— Hopwood v. Texas (5th Cir. 1996)— advisory opinions— Attorney General’s Opinions— Jim Mattox— Dan Morales— John Cornyn— Greg Abbott— Comptroller of Public Accounts comptroller— chief tax collector for Texas— subsumed Texas Treasure’s duties in 1996— money manager— 348 revenue-forecasting function— Carole Keeton Strayhorn— Susan Combs— Land Commissioner land commissioner— reason it is so important in Texas— established by Republic of Texas— 1845 terms of annexation to the U.S. and significance to land commissioner’s office— oil leases and revenue— fund for schools and universities— Veterans Land Program— David Dewhurst— Jerry Patterson— Agriculture Commissioner agriculture commissioner— created by legislature— responsibilities of commissioner; role of the Texas Department of Agriculture— weights and measures— pest control regulations— Jim Hightower and his new programs— Rick Perry— Susan Combs— Todd Staples— 349 Railroad Commissioners three elected railroad commissioners— terms of office— staggered terms— Texas Railroad Commission— history of railroad commission— oil and gas industry regulation— regulation of trucking and mining— captive of the industry— Republicans since 1994— commission as of 2009— State Board of Education State Board of Education (SBOE)— state education policy regulated by 15 member board— Texas Education Agency— appointment of commissioner— religious conservatives and the State Board of Education— Modern Texas Bureaucracy implementation and execution— legislatures make policy, bureaucracies implement it— rule making— regulation and provision of services and products— filling out the details— Administrative Procedures Act— why legislatures create executive agencies— 350 how legislatures determine the organization of agencies— two basic patterns of how Texas executive agencies are organized: 1) 2) Texas State Agencies Organizational Leadership Schemas (Figure 19.1)— State Agency Heads Appointed by the Governor (Table 19.3)— Secretary of State Texas secretary of state— keeper of state records— Texas Register— chief elections officer— office often used as a political base to run for office— Rick Perry’s secretaries of state— Esperanza “Hope” Andrade— Public Utility Commissioners PUC— terms and method of selection— quasi-judicial— early history of PUC— 1995 changes to PUC— 1997 changes to PUC— current duties of PUC— ERCOT— 351 Texas Commission on Environmental Quality Texas Natural Resource Conservation Commission (TNRCC)— Texas Commission on Environmental Quality (TCEQ)— quasi-judicial and policy roles— lightning rod for conflicts between groups— legislature reduction of TCEQ authority— 1995 “property rights” law— 1999 bill to abolish contested case hearings— agency must now consider environment impacts but cumulative impacts— Insurance Commissioner State Board of Insurance— insurance commission— Department of Insurance— selection of commissioner and level of independence— job of insurance commissioner in Texas— homeowners’ insurance premiums between 1997 and 2002— 2003, insurance commissioner authorized to force insurance companies to lower homeowner’s policy rates and insurance companies fought in court— 2004 Farmers Insurance agreement— Health and Human Services Commission administered by numerous state agencies— 1991 call for consolidation— 2003 complete reorganization of health and human services agencies by the legislature— Health and Human Services Commission— executive commissioner of health and human services— 352 four departments of HHSC— 1) 2) 3) 4) Public Counsels captured agencies— public counsels— Boards and Commissions boards and commissions system of government— operations— process of appointment— six years, staggered— governor’s power (or lack of power) over boards and commissions— governor may appoint but cannot independently remove appointments— Making Agencies Accountable legislatures may delegate authority— oversight duty of legislature— The Sunset Process sunset law— Sunset Advisory Commission— membership of commission— operation of commission— good government— 353 agencies eliminated by sunset— Staff Size and Pay growth of state and local governments— attempts to cut state workforce— full-time equivalent workers— number of Texas state workers in 2005— pay scales— top and bottom of pay scale— Regulating the Revolving Door revolving door— regulators turned lobbyists— arguments by industry and many agency officials for such exchanges— critics charges regarding the system— efforts to “lock” the revolving door— Regulating the Relationship Between Agencies and Private Interests executive agencies’ role in implementation and making of policy— Texas Residential Construction Commission (TRCC) as example of closeness to industry it regulates— “lemon law” for home building in 2003— critics blast agency for blocking consumer complaints— 2007 changes to strengthen agency; consumer critics arguments against legislature and agency— iron triangle— factors lending strength to iron triangle model in Texas— how agencies support industry over consumers— 354 Toward Reform: Gubernatorial and Executive Power executive branch reorganization in the 1990s— reform and the issue of gubernatorial vetoes— 2007 and HJR 59— Research Ideas and Possible Paper Topics 1) Several of the constitutional revision efforts addressed in the chapter on the Texas Constitution involved reforms aimed at the executive branch. How would you reform the Texas executive branch and why? 2) The first Sunset Commission strongly supported the idea of good government. Select two agencies and evaluate their performance according to the standards outlined by the first Sunset Commission. 3) Compare Governor Bill Clements and Governor Mark White in terms of their ability to exercise public-opinion leadership. Which governor do you think was more successful in his use of this power and why? How do they compare to the gubernatorial effectiveness of George W. Bush and Rick Perry? 4) Article 4, section 9, of the Texas Constitution requires the governor to deliver governor’s messages to the legislature. The messages emphasize policy goals, budget priorities, and more. How does the importance of this speech compare to the president's state of the union address? Does it have the same impact over its constituency? Does it receive the same degree of media coverage? Does it have the same "bully pulpit" effect as the president's address to Congress? Write the outline of the speech you would deliver to the legislature if you were governor. 5) There are several elected offices in the executive branch. Select one of the offices (except that of governor) and explain why you would want to be elected to that office, why you think it would be more significant than being governor, and what you would do if you were elected. Web Sites The Web site of the Texas Governor offers users information about the governor’s legislative priorities and information about divisions in the executive branch. www.governor.state.tx.us The Web site for the office of Lieutenant Governor David Dewhurst. www.ltgov.state.tx.us 355 The Texas Library and Archives Commission Web site offers users a comprehensive list of links to Web sites for Texas agencies and commissions. www2.tsl.state.tx.us/trail/agencies.jsp Texas Legislature Online provides a gateway to the executive, legislative, and judicial state agencies. www.capitol.state.tx.us/ The Texas Attorney General’s Office online. www.oag.state.tx.us Window on State Government is the Web site for the Texas Comptroller of Public Accounts, Susan Combs, and features state budget projects and other significant information about the Texas budget. www.window.state.tx.us The Texas Register, the bulletin of Texas administrative rule making, is published and maintained online by the Texas Secretary of State. www.sos.state.tx.us/texreg/index.shtml Practice Tests MULTIPLE CHOICE QUESTIONS 1) Which of the following gubernatorial roles is not in the constitution? A) Chief of State B) Chief Executive Officer C) Commander in Chief D) Chief Budget Officer E) All of the above are in the constitution 2) No governor had served more than two terms before what year? A) 1910 B) 1920 C) 1930 D) 1940 E) 1950 3) Who was the first governor to win back-to-back four year terms? A) Ann Richards B) George Bush C) Rick Perry D) Bill Clements E) Coke Stevenson 356 4) The governor holds all but which of the following positions? A) Chief of State B) Chief Executive Officer C) Commander in Chief D) Chief Budget Officer E) All of the above are roles of the governor 5) Which of the following does not apply to the "governor's messages?" A) They are delivered to the legislature B) They pronounce policy goals C) They set budget priorities D) They provide authorizations for the legislature to act E) They do all of the above 6) Appointments by Texas governors tend to overly represent A) Hispanic males. B) Anglo males and females. C) African Americans. D) Anglos and males. 7) Based on an analysis of votes cast (see "Analyzing Visuals" in this chapter of your text), the last populist governor of Texas was A) George W. Bush B) Mark White C) Bill Clements D) Ann Richards E) Jimmie Allred 8) Rick Perry's numerous vetoes following the 2001 legislative session became known as A) Perry's VJ-Day. B) D-Day. C) the Father's Day Massacre. D) The Insult. E) The Assault. 9) Following the 2001 legislative session, Governor Perry set a record by vetoing A) zero bills. B) only one bill. C) 78 bills. D) 1,000 bills. E) all but one bill. 10) Which executive position/agency represents most other agencies in litigation regardless of which side they are on? A) Secretary of State B) Lieutenant Governor C) Governor D) Attorney General E) Speaker of the House 357 11) Who is the only statewide elected official whose job was created by the legislature instead of the constitution? A) Lending Commissioner B) Railroad Commissioner C) Attorney General D) Agriculture Commissioner E) Comptroller of Public Accounts 12) Elections for _______ are on a staggered basis. A) agricultural commissioner B) railroad commissioners C) land commissioners D) insurance commissioners 13) Public education in Texas is governed by all but which of the following? A) State Board of Education B) Texas Education Agency C) Texas Parent Teacher Association D) Commissioner of Education E) Local and regional entities 14) Which of the following is not one of the only paid, full-time boards/commissions in Texas? A) Public Utility Commission B) Texas Commission on Environmental Quality C) Board of Pardons and Paroles D) Texas Workforce Commission E) Executive Commission on Health and Human Services 15) Which agency is the full-time, paid, three member agency appointed by the governor to regulate telephone and electric service in Texas? A) Railroad Commission B) Public Utility Commission C) Texas Commission on Environmental Quality D) Texas Workforce Commission E) Sunset Advisory Committee 16) In 2003, 12 Health and Human Service Agencies were merged into all but which of the following departments? A) Department of Family and Protective Services B) Department of Assistive and Rehab Services C) Department of Aging and Disability Services D) Department of State Health Insurance Services E) Department of State Health Services 358 17) Public counsels are designed to protect A) the public's interest against corrupted legislators. B) the public's interest against corrupted executive commissions. C) regulatory agencies' interests against the public. D) the public's interest against captured agencies. E) bureaucrats against lawsuits by interest groups. 18) The state official appointed by the governor to be the keeper of the state’s records and the state’s chief elections officer is the A) secretary of state. B) comptroller. C) attorney general. D) land commissioner. 19) Legislative oversight of executive agencies includes all but which of the following? A) Review of expenditures B) Review of rules and regulations C) Legislative veto of rules and regulations D) Performance reviews E) Audits 20) Critics of the law that created the Texas Residential Construction Commission say A) the legislation is a big boost to plaintiffs' attorneys. B) the legislation helps home owners too much. C) the legislation infringes on property rights. D) the legislation should be expanded to cover household appliances. E) the TRCC has been captured by homebuilders. TRUE/FALSE QUESTIONS 1) The Republic of Texas had a weak President when it joined the Union. 2) Sam Houston, hero, President, Senator, and Governor, was ousted for refusing to secede from the US. 3) Gubernatorial appointments to the heads of various agencies do not always require Senate confirmation. 4) When considering tenure and appointment power, the Texas governor is one of the strongest governors in the United States. 5) Governors' appointees have tended to overrepresent Hispanics. 6) The speaker of the House succeeds the governor if the office becomes vacant midterm. 7) The line-item veto in Texas was eliminated in 1866. 8) Because Texas governors must rely on public opinion, one governor ran TV commercials in support of an issue he/she supported. 359 9) The other elected officials in the executive branch do not have more authority than the appointed ones, but they often have more political influence and the appearance of greater legitimacy. 10) Texas has a separate commissioner to handle insurance matters. ESSAY AND SHORT ANSWER QUESTIONS 1) What are executive orders and how have they been used by Texas governors? 2) What is the difference between a governor's role as chief of state and his or her role of chief executive officer? 3) What are the important differences between the Texas governor and other governors? 4) Discuss overrepresentation and underrepresentation among the governors' appointees. 5) Explain the original goals of sunset and current criticism of sunset. Compare and contrast the following: 6) The powers of the Texas governor with that of other governors 7) Underrepresentation and overrepresentation in governors’ appointees 8) The governor as policy maker and political leader 9) Land Commissioner, agricultural commissioner, and railroad commissioner 10) Public counsels and executive agencies 360 CHAPTER 20 THE TEXAS JUDICIARY Chapter Goals and Learning Objectives You may never meet the governor. You may never shake hands with the Texas attorney general. You might one day meet your state senator or representative. But it is probable, in fact, down right likely, that one day you will meet a state judge in a Texas courtroom. Maybe for a traffic ticket dismissal. Possibly for a child custody hearing or a divorce proceeding or a contested will . You could end up as a witness in a civil trial or sit on a jury in a capital murder trial. But it is likely that you will one day be in a Texas court. And if you watch local television news, you will often be exposed to the trials of murderers, robbers, and frauds in state courts covered by local reporter. Indeed, news media coverage of criminal and civil trials greatly exceeds the coverage of the activities of the governor and state legislators. The judicial is that branch of government that interprets the law and adjudicates disputes under the law between individuals and the community (the criminal law) and between private individuals or groups (the civil law). The Texas judicial system is divided into civil and criminal approaches to the law. It is also divided into trial and appellate courts. It is a complex and fascinating system for it reflects the passions and drives of human beings in conflict. Rather than take your disputes to the streets, you can take them to court where the weapons are facts in evidence as opposed to fists, guns, or knives. This chapter is designed to introduce you to the legal system in the State of Texas. The main topic headings for this chapter are: The Roots of the Texas Judiciary The Structure of the Texas Judiciary Judges and Judicial Selection The Judicial Process in Texas Toward Reform: Changing the Texas Judiciary In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc. are more difficult to pull from the narrative. (Keep in mind that studying for objective tests is different from studying for essay tests. See the Study Guide section on test taking for hints on study skills.) 361 In general, after you finish reading and studying this chapter, you should understand the following: the roots of the Texas judiciary, its structure and operation since the early 1800s the structure of the judiciary in modern Texas, including the various types of courts and their jurisdictions judges and judicial selection in Texas—how judges settle disputes in Texas and how they are chosen the judicial process in Texas and how criminal and civil cases are handled judicial reform in Texas, focusing on problems that affect the ability of the judiciary to settle disputes fairly and impartially and on proposals for solving those problems Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. 2007 execution of Michael Richards— Texas Court of Criminal Appeals— Judge Sharon Keller— policies speeding executions— Jim Harrington— emergency appeals— how the judicial branch differs from the other two branches of Texas government: 1) 2) Roots of the Texas Judiciary first courts in Texas— judiciary when Texas was an independent republic— roots in English tradition with some features of Spanish law— 362 the judicial structure established in the 1836 Texas Constitution— The Living Constitution: The Texas Supreme Courts— 1891 constitutional amendment allowing an intermediate courts of appeal level in Texas— other constitutional changes— complicated and confusing nature of Texas judiciary— The Structure of the Texas Judiciary The Court Structure of Texas (Figure 20.1)— Local Trial Courts municipal courts— municipal court jurisdiction— municipal court cases in 2007— justice of the peace courts— justice of the peace courts’ jurisdiction— justice of the peace court cases in 2007— County Courts constitutional county courts— jurisdiction of constitutional county court— number of constitutional county courts in Texas— trial de novo— county courts at law (statutory county courts)— number of county courts at law in how many counties?— jurisdiction of statutory county courts— probate courts— civil jurisdiction of county courts at law— 363 criminal jurisdiction of county courts at law— bewildering array of county courts at law— county court cases in 2007— DWI/DUID— District Courts district courts— civil jurisdiction— felony criminal jurisdiction— district court cases in 2007— largest and smallest categories of criminal cases— largest category of civil cases— Intermediate Courts of Appeal 14 Texas Courts of Appeal— 1st and 14th Courts of Appeals— chief justice— elections— cases usually heard by panel of how many judges?— en banc— reviews records of lower courts— how decisions are rendered— jurisdiction of Texas Courts of Appeal— death penalty appeals— court of appeals' cases in 2007— 364 The Supreme Courts Texas Supreme Court— Texas Court of Criminal Appeals— jurisdiction of the two courts— courts of last resort— federal question— writ of certiorari— membership on the two courts— how the two courts hear cases— petition for review— cases handled by the two courts in 2007— allowing lower court ruling to stand— applications for discretionary review— writing opinions— per curiam— administrative duties of Texas Supreme Court— Judges and Judicial Selection all but municipal judges are selected by partisan elections— terms of office for various judges— Judicial Qualifications and Personal Characteristics Judicial Qualifications (Table 20.1)— personal characteristics— municipal judges— justices of the peace— county judges— 365 constitutional county judges— statutory county court judges— district court judges— all appellate judges— Judicial Selection two circumstances where Texas judges are not selected by partisan election process— municipal judge selection— vacancies from death or resignation filled by gubernatorial appointment— how long appointed judges serve— number of appointed judges in Texas in 2008— how partisan contests for judges operate— Join the Debate: Should Texas Elect Its Judges?— questions over judicial campaign finance and to whom judges are accountable— plaintiffs’ lawyers— defense lawyers— Texas Trial Lawyers Association— State Commission on Judicial Conduct and 1986 investigation of two Supreme Court justices for alleged improper conduct— “Justice for Sale” on 60 Minutes in 1987— Texas Civil Justice League— judicial campaign finance excesses— business interests take control of Texas Supreme Court— costs of judicial elections rise in 1990s— Republicans replace Democrats on Texas Supreme Court— 366 in Republican-controlled Texas Supreme Court, defendants overwhelmingly win over plaintiffs— former Texas Chief Justice Thomas Phillips— perceived effect on campaign contributions on judges decisions— consequence of Texas’s judicial selection process regarding minorities in the judiciary— dramatic effect of partisan preferences on Texas judiciary— The Judicial Process in Texas The Criminal Justice Process The Texas System of Graded Penalties (Table 20.2)— Arrest and Searches: arrest and search warrants— probable cause— arrest without warrant based on what?— warrantless searches— pursuant to lawful arrest and plain view— consent— Booking: administrative record— what happens at booking— station house bail— for serious offenses— Magistrate Appearance: when held— what magistrate does— 367 examining trial— Grand Jury Indictment: grand jury selection and composition— grand jury process— true bill— indictment— Arraignment: court appoints council for indigents— plea is taken— Pretrial Motions: what pretrial motions establish— motion for jury or bench trial, continuance, competence, venue change, etc.— Jury Selection: right to jury trial— venire— voir dire— peremptory challenges— only limit on peremptory challenges— challenge for cause— 12 jurors for felony; six for misdemeanor— jury verdicts must be unanimous (in criminal trials)— 368 Trial: seven stages in guilt determination phase: 1) 2) 3) 4) 5) 6) 7) mistrial— sentencing phase— capital murder cases— Appeals: death penalty verdicts automatically appealed directed by Texas Court of Criminal Appeals— appeals court reviews for reversible error— written briefs and oral arguments— application for discretionary review— Ideas Into Action: Defending Actual Innocence— The Civil Justice Process Pretrial Procedures: petition by plaintiff— remedy sought— answer by defendant— jury trial or bench trial— 369 Trial: steps in a civil trial— charge to the jury— district court, 10 of 12 jurors must agree— in county court and justice of the peace court, five of six jurors must agree— judge issues judgment— Appeals: record from trial court and other steps— court of appeals and possibly Texas Supreme Court— Toward Reform: Changing the Texas Judiciary criticisms of Texas judicial system— Reforming the Court Structure mixed and overlapping jurisdiction— constitutional revision efforts in 1974 and 1975— Texas Research League study in early 1990s— efforts of Representative Rob Junell and Senator Bill Ratliff in 1999— while all the proposals for reform vary, one theme was constant— Proposal for a Unified, Simplified Texas Judiciary (Figure 20.2)— Texas Research League report on why the state's two high courts should remain separate— Senator Robert Duncan's 2007 effort to reform court structure-Reforming Judicial Selection efforts at reform starting in 1946— 1995 proposal in legislature to adopt a merit system of judicial selection— major hurtle in 1995 battle to reform the judicial selection process— 370 1996 Texas Supreme Court task force on judicial selection— 1997 proposal by Senator Rodney Ellis— 2007 reform proposal by Senator Robert Duncan— Reforming Judicial Campaign Finance Texas Judicial Campaign Fairness Act of 1995— limits on campaign contributions to judicial candidates— voluntary expenditure limits— loopholes in the act— no requirement for a judge to recuse herself in a case involving a large contributor to her campaign— penalties— incumbents’ war chests— Texans for Public Justice and its fight for judicial reform— reform measure introduced in 2001 by Representative Pete Gallego— 2003 change in contribution limits to judicial candidate who are unopposed in either the primary or general election— Research Ideas and Possible Paper Topics 1) Judicial candidates must file disclosure reports with the Texas Ethics Commission. Select the reports of a judicial candidate who successfully ran for office. Examine the rulings the candidate made once he or she became a judge. On the basis of your research, do you think judges’ rulings are affected by campaign contributions? Be sure to do research on the 1998 segment of 60 Minutes on judicial campaigns and finances, which was a follow up to their 1987 investigative report on the subject. 2) The Texas Constitution guarantees defendants certain basic rights, such as the right to a fair and speedy trial and an individual’s right to a court-appointed attorney if the individual is indigent. While counties in Texas are permitted by law to have a public defender's office for indigent criminal defendants, very few jurisdictions have such a program. How do most counties handle court appointments for indigent defendants and what problems are inherent with that system? Do the problems with the Texas courts (overlapping jurisdictions, lack of qualified court-appointed attorneys, etc.) affect a defendant’s constitutional rights? 371 3) If you were appointed to a judicial reform commission, what reforms would you advocate and why? Talk to a local lawyer to see, from his or her experience in court, if he/she agrees with your assessments. 4) Examine the claims of “tort reform” advocates who wish to restrict citizens’ rights to civil courts. What are the bases of their claims? Are the cases claimed to be “frivolous” actually unjustified? What procedures do Texas judges use to eliminate frivolous lawsuits before they ever go to trial? What groups are behind the “tort reform” movement in Texas? Who is paying the bill for the movement and who benefits? 5) The death penalty has come under criticism from many citizens and groups recently. Texas is one of the leaders in the nation in putting prisoners to death. What are some of the arguments against the death penalty and some of the arguments for? George W. Bush, when Governor of Texas, commuted the death sentence of only one individual on death row to a life sentence. Who was the inmate, and why did Bush do this? Web Sites Texas Courts Online is a state judicial system Web site that offers information on a variety of topics: the structure of the judiciary, judicial agencies and groups, judicial records, resource materials, and much more. www.courts.state.tx.us The Texas Online: Official Portal of Texas offers a list of links to the Web sites of various courts, state laws, court rulings, and much more. www.state.tx.us/portal/tol/en/gov/8 The Texas Supreme Court home pages provide attorneys and the public with information about Justices, opinions and orders, and information about cases before the court. www.supreme.courts.state.tx.us The Texas Court of Criminal Appeals maintains a Web site that provides information regarding opinions and rules of procedure and practice for attorneys and court reporters. www.cca.courts.state.tx.us The State Bar of Texas is an administrative agency of the judicial branch in Texas. Every licensed attorney is a member of the State Bar, which provides a wide array of services to its members and the public. www.texasbar.com The Texas Trial Lawyers Association is the professional organization for civil trial lawyers in Texas and works to keep the civil courts open to citizens in the face of the “tort reform” onslaught by business and corporate interests. www.ttla.com 372 The Center for Economic Justice is a nonprofit organization that works to increase the availability, affordability, and accessibility of insurance, credit, utilities, and other economic goods and services for low-income and minority consumers. Its Web site includes a page debunking the arguments of “tort reform” advocates. www.cej-online.org/tortrefo.php Texans for Lawsuit Reform is an organization created and funded by big business and corporate interests promoting the tort reform agenda in Texas. www.tortreform.com Texas Watch is a nonpartisan advocacy organization working to improve consumer and insurance protections for Texas families. This consumer watchdog group works in opposition to tort reform activities backed by big insurance and corporate interests in Texas. www.texaswatch.org/index.html The Texas Criminal Defense Lawyers’ Association is the professional organization for criminal defense lawyers. Its Web site provides a great deal of information about the criminal justice system in Texas and governmental threats to civil liberties. www.tcdla.com The Texas District and County Attorneys Association a nonprofit organization for Texas prosecutors and attorneys providing government representation and other services and information for district and county attorneys offices across the state. www.tdcaa.com Practice Tests MULTIPLE CHOICE QUESTIONS 1) Why are there 254 constitutional county courts in the State of Texas? A) because under the law establishing these courts, the Texas Legislature set a cap of 254 statewide for the courts in 1929, a number which was reached just after the start of the Korean War B) because there are 254 counties in the State of Texas C) because the Texas Supreme Court, acting as the chief administrative body of the Texas judicial system, authorized the creation of 254 of these courts, as authorized by the Texas Constitution D) because under the state constitution, counties are given, under their home-rule authority, the power to create a constitutional county court when needed and as of 2007, some 209 counties have created a total of 254 constitutional county courts throughout the state 2) Which court represents the lowest level of the courts, with limited jurisdiction? A) Constitutional county courts B) Local trial courts (municipal and justice of the peace) C) Statutory county courts D) District courts E) Courts of appeal 373 3) Magistrate functions of the municipal court include all but which of the following? A) Conduct preliminary hearings B) Issue search warrants C) Issue arrest warrants D) Provide statutory warnings E) All of the above are part of the magistrate functions of a municipal court 4) Which courts were created to relieve county judges in urban counties of their judicial function so they could concentrate on their duties as presiding officers of the commissioner's court? A) Constitutional county court B) County court at law C) Justice of the Peace D) Municipal courts E) Local trial courts 5) Most district courts exercise A) only criminal jurisdiction. B) only civil jurisdiction. C) only civil jurisdiction in cases involving less than $200. D) only appellate jurisdiction. E) both criminal and civil jurisdiction. 6) Cases heard by ________ never involve juries. A) county trial courts B) municipal courts C) state intermediate appellate courts D) justice of the peace courts E) local trial courts of limited jurisdiction 7) In the 14 courts of appeals in 2006, how many of those where held by Democrats? A) Eleven B) Nine C) Seven D) Three E) One 8) The Texas Constitution requires that supreme court judges be A) 25 years of age and a practicing attorney or judge for a court of record for at least 3 years. B) 35 years of age and a practicing attorney or judge for a court of record for at least 10 years. C) 40 years of age and a practicing attorney or judge for at least 5 years. D) 45 years of age and a practicing attorney or judge for a court of record for at least 20 years. E) 50 years of age and a practicing attorney for 25 years. 374 9) The two supreme courts consist of ________ members each. A) 3 B) 6 C) 7 D) 9 E) 12 10) Which judges must have the most experience (at least 10 years), and must be at least 35 years of age? A) Appellate judges B) Supreme Court justices C) District judges D) Municipal judges E) County court at law judges 11) Municipal judges generally serve terms that are how long? A) 2 years B) 4 years C) 6 years D) 1 year E) 3 years 12) Except for municipal judges, Texas judges are A) appointed by the governor and approved by the Senate. B) appointed by the governor and approved by the legislature. C) elected in partisan elections. D) elected in nonpartisan elections. 13) A suspect is usually fingerprinted and photographed during the ________ phase. A) arraignment B) booking C) pretrial motions D) arrest E) interrogation 14) In a criminal trial in state district court, in order to find a defendant guilty or not guilty, what type of jury verdict is required? A) 10 out of 12 in agreement B) 5 out of 6 in agreement C) a simple majority D) unanimous verdict 375 15) In the sentencing phase of a capital murder trial in Texas, the jury considers which of the following? A) whether the defendant is likely to commit further violent crimes and is a threat to society B) whether the defendant actually caused, intended to cause, or anticipated that a human life would be taken C) whether mitigating circumstances warrant a sentence of life imprisonment rather than death D) All of the above 16) Which of the following is not part of the "guilt" phase of a trial? A) Death penalty deliberations B) Reading of the indictment C) Testimony by witnesses (if any) D) Charging of the jury E) Presentation of the state's case 17) Questions about what evidence is admissible and what witnesses may testify about are determined in the A) pretrial motion phase. B) magistrate appearance phase. C) grand jury indictment phase. D) arraignment phase. E) post-trial motions TRUE/FALSE QUESTIONS 1) Justice of the peace courts have only criminal jurisdiction. 2) All Texas courts are constitutionally created. 3) If a party wants the Texas Supreme Court to review the suit, the party must file a petition for a trial de novo. 4) County courts at law cost the state nothing. 5) The Texas Supreme Court deals strictly with civil matters. 6) Texas has the death penalty. 7) A petition for review is a request for Court of Criminal Appeals review. 8) Most people are arrested on a warrant. 9) The right to a jury trial cannot be waived in a capital case. 10) All district court judges in large urban counties are elected on an at-large, countywide partisan basis in Texas. 376 ESSAY AND SHORT ANSWER QUESTIONS 1) What is the difference between original and appellate jurisdiction? Which Texas courts have original jurisdiction and which have appellate jurisdiction? 2) Why were county courts at law created? 3) Discuss some of the differences between the Texas Supreme Court and the Texas Court of Criminal Appeals. 4) How and why do Texas judges differ in education and training? 5) Discuss the ethnic and racial composition of the Texas judiciary. Compare and contrast the following: 6) justice of the peace courts and municipal courts 7) Texas’s highest appellate courts and intermediate appellate courts 8) the Supreme Court and the Court of Criminal Appeals 9) judicial qualifications and the selection process for municipal judges and justices of the peace 10) the criminal justice process and civil justice process 377 378 CHAPTER 21 POLITICAL PARTIES, INTEREST GROUPS, ELECTIONS, AND CAMPAIGNS IN TEXAS Chapter Goals and Learning Objectives Political parties and interest groups link citizens to government; however, the goals of the two entities differ. Political parties seek to control government, and interest groups seek to influence government. Elections are the mechanism through which political parties gain control of government and campaigns bind together political parties, interest groups, candidates, and the public. This chapter is designed to introduce you to political parties, campaigns, elections and interest groups in Texas. The main topic headings for this chapter are: Roots of Political Parties, Interest Groups, Elections, and Campaigns in Texas Political Parties in Texas Interest Groups in Texas Elections and Political Campaigns in Texas Toward Reform: Recent Reforms in Elections and Campaigns In each section, there are certain facts and ideas that you should strive to understand. Many are in boldface type and appear in both the narrative and in the glossary at the end of the book. Other ideas, dates, facts, events, people, etc., are more difficult to pull from the narrative. (Keep in mind that studying for objective tests is different than studying for essay tests. See the Study Guide section on test taking for hints on study skills.) In general, after you finish reading and studying this chapter, you should understand the following: the roots of political parties, interest groups, elections, and campaigns in Texas; how these institutions and processes developed and reformed political parties in Texas as well as party organization, parties in the electorate, and parties in government interest groups in Texas and how the various types work to influence public policy in the state elections and political campaigns in Texas including types of elections; electoral participation; campaigns and voting behavior; the influence of money, media, and marketing in campaigns; and factors influencing voter turnout and choice recent reforms in elections and campaigns focusing on changes in election and campaign procedures 379 Chapter Outline and Key Points In this section, you are provided with a basic outline of the chapter and key concepts and terms you should know. Use this outline to develop a complete study guide for the chapter. Use the space provided in this workbook to write notes from your reading, defining the terms and explaining the concepts listed below. You may wish to rewrite the material in your notebook or computer. However you work up this outline, the effort and information will help you study and remember the material in preparation for your tests, assignments, and papers. dominant political party in Texas— 2004 Republican gubernatorial primary and eventual candidate— 2004 independent gubernatorial candidacies of Carole Keeton Strayhorn and Kinky Friedman— petition requirement for independent candidates— 2004 Democratic Party candidate for governor— focus of interest groups— focus of political parties— what elections provide— what campaigns create— Roots of Political Parties, Interest Groups, Elections, and Campaigns in Texas the slow development of political parties in Texas— political parties in Texas before and during Civil War— Republican Party from 1868 to 1874— era of one-party Democratic Party dominance in Texas (1874-1986)— feuds among contending factions within Democratic Party during era of dominance— the slow development of interest groups in Texas— the Grange and interest group development— preeminence of business interest groups— change from personal loyalty to candidates to partisan contests— 380 importance solely of Democratic primaries until early 1960s— legal impediments to voting— Political Parties in Texas Party Organization what party organization consists of— Formal Organization: role of Texas state law— temporary party organization— party conventions— election precincts— precinct convention— Democratic precinct conventions in presidential election year— county convention— state senatorial district convention— party platform— principal purpose of county or senatorial district conventions— state convention— state convention in presidential election years— delegate allocation to national convention by Republicans— delegate allocation to national convention by Democrats— permanent party organization— electoral districts— precinct chairperson— county chairperson— 381 county executive committee— party’s duties at the county level— state executive committee— state party chairperson— Party Organization in Texas (Figure 21.1)— Tina Benkiser and Boyd Richie— Functional Organization: real story of how organization functions and where decisions made— what the formal organization provides— Democratic Party Unity: liberal influence since 1976— Ralph Yarborough— Jim Mattox, Jim Hightower, Garry Mauro, Ann Richards— conservative Democrats becoming Republicans— recent study of Democratic Party activists— Republican Party Unity: greater ideological cohesiveness— intraparty conflicts— percentage of conservatives, moderates, and liberals— pragmatists or economic conservatives— ideologues or social conservatives— clash between factions evident in every Republican state convention since 1994— Christian Coalition— Kay Bailey Hutchinson— 382 Susan Weddington— “partial birth abortion” ban— control of party by social conservatives— 2002, the social conservatives and the Republican platform— 2006 Republican Party platform— Party Effectiveness: What’s at Stake?: effectiveness at state level— two ways state party’s performance is measured; 1) 2) Republican Party’s advantage in party building— party organization activities at local level— difference between Republican and Democratic chairpersons— organizational challenges for Republicans and Democrats— Party in the Electorate most important function for the party organization— what party in the electorate consists of— Texans don’t register by political party— party identification— importance of partisan attachments— Distribution of Party Attachments: change in party affiliation from 1952 to 1991 to 1999, and in 2007— Party Identification in Texas: Republican Rise and Democratic Decline (Figure 21.2)— increase in independents— 383 percentage of population identifying with Democratic or Republican Party in 1952 and in 2007— significance of increase in independents— Party Realignment in Texas: evidence of “attenuated” or “secular” realignment— young voters— some Democrats switched to the Republican Party— new residents of Texas— party identification important in determining vote choices— Republicans won more counties— Republican and Democratic Strength in Texas by County (1970s) (Figure 21.3)— Republican and Democratic Strength in Texas by County (2000s) (Figure 21.4)— Republican strength in 2008 elections— party dealignment in Texas— Contemporary Party Coalitions: Republican coalitions— Democratic coalitions— The Party in Government party in government— the theory of party in government— In the Executive Branch: impediments to cooperation created by Texas Constitution— independent election of most important executive officers in Texas— 384 little incentive to campaign together or coordinate campaigns among executive office candidates— In the Legislative Branch: partisan considerations minimized— party caucuses and committees— Democratic caucus in Texas House of Representatives— Democratic caucus in Texas Senate— Republican caucus in legislature— effects of Republican gains in the legislature— Texas legislature continues to work under strong institutional leaders— In the Judicial Branch: partisan election of all but what type judge?— role of party in appointment of judges when a vacancy occurs— governor’s judicial appointments and his ideology— difference in how Democrats and Republicans interpret the law and decide civil cases— Interest Groups in Texas Types of Interest Groups Business Groups and Trade Associations: general purpose— business interest groups— trade associations— examples of both— Professional Associations: examples— 385 what they try to influence— Labor Groups: where they have any strength in Texas— examples— Racial and Ethnic Groups: what they promote— examples— Public-Interest Groups: what they advocate— examples— what public policies they seek— Political Activities of Interest Groups three distinct but related, political activities engaged in by interest groups— Lobbying: lobbying definition— who they lobby— growth of registered lobbyists from 1987 to 2007— lobbyists’ pay— what is required in lobbying registration in Texas— limits on money used in lobbying— two trends in late 1980s which characterized lobbyists— hired guns— ex-legislators turned lobbyists— greater ethnic and gender diversity among lobbyists— lobbying based on shared characteristics— 386 principal job of lobbyists, according to lobbyists— access— personal friendships with legislators— former public officials— "real job" of lobbyist, according to former legislator and current lobbyist Bill Messer— relying on information and integrity— substantive (technical) information from lobbyists— political information from lobbyists— interests that are always present— top-down strategy— focusing on committees— lobbying agencies and departments— grassroots lobbying— activating members of interest group— Astroturf lobbying— Astroturf groups and 2003 tort reform— Electioneering: price of access— PACs in Texas— preference for incumbents and committee chairs— Top General Purpose PACs, 2006 (Table 21.1)— PACs concentrate their spending on what?— example of how PACs target their contributions— Politics Now: Hefty Gift to Bailey has Craddick Ties— 387 Litigation: new judicial federalism— purpose of litigation by interest groups— Elections and Political Campaigns in Texas Types of Elections frequency— ballot tends to be long— uniform dates for general and special elections— elections can also occur at other times— Primary Elections: which parties, by Texas law, must hold primaries?— history of primary elections in Texas— Terrell Election Law— 1907 and 1918 amendments to Terrell Election Law and their requirements— must win primary by majority— run-off elections— why Texas’s supposedly closed primary elections operate more like open primaries— participation low in primaries— 2008 participation in party primaries— parties responsible for run administering primaries— Special Elections: dates set— access to ballot— 388 candidates in— participation in— bond elections— General Elections: Tuesday after the first Monday in November of even-numbered years— governor and other statewide official elected when?— nonpresidential year elections— win general elections by plurality— general elections funded and administered by the state— Texas secretary of state— Local Elections: municipal elections and special district elections are nonpartisan— when held?— Political Campaigns in Texas ideally, what do campaigns do?— the “three M’s— Money: the Mother’s Milk of Politics: money in elections— in 2002 what do Perry and Sanchez spend?— 2006 Texas House and Senate campaigns— effect of Texas’s geographic size on campaign costs— high cost of television— individual and group contributions to campaigns— few restriction in Texas— major 1973 reform— 389 “Bo” Pilgrim— Texas Ethics Commission— no limit on what contributions in Texas?— Media: Linking the Candidates and the Voters: why personal political contact less effective— size of Texas and number of media markets— importance of TV in Texas campaigns— increasing role of Internet— Ideas into Action: Blogging on Texas Politics— political consultants— Marketing: Selling the Candidate: transition from party-centered to candidate-centered campaigns— effect of candidates’ dependence on media and commercial advertising techniques— benchmark poll— tracking polls— focus groups— campaign consultant's role— ultimate goal— The Voters’ Decisions two decisions potential voter faces— low voter turnout in Texas— Voter Turnout: the cost of voting— legal restrictions prior to the mid-1960s— 390 legal requirements for voting in Texas— The Living Constitution: Article 6, Section 1— registration for voting— motor voting— early voting— impact of early voting— effect of early voting and 2006 gubernatorial election— characteristics of early voters— electronic voting— Join the Debate: Are Electronic Voting Systems Better than Paper Ballots?— benefits of voting— selective benefits of voting— connection to politics— trends in nonpresidential year gubernatorial election voter turnout— Analyzing Visuals: Voter Turnout in Texas— factors contributing to variation in Texas voter turnout— changing composition of electorate and voter turnout— results of attempts to reduce the effort required to vote in Texas— The Vote Choice: Parties, Issues, and Candidates: vote choice during entire nineteenth and first part of twentieth century— current vote choice— 391 psychological factors influencing vote choice: 1) 2) 3) comparison of 1986 and 2002 gubernatorial elections— Toward Reform: Recent Reforms in Elections and Campaigns campaign and election procedure reforms considered in 80th legislature— proposal to move primary election date from first Tuesday in March to first Tuesday in February— 2008 increase in front-loading of presidential primaries and caucuses— opposition to reforms by Republican County Chairmen's Association— other proposals— successful reforms from the 80th legislative session— Research Ideas and Possible Paper Topics 1) Select two different types of interest groups operating in Texas and compare the type of activities in which they engage. How are the activities different and why are they different? Compare the Texas interest groups you selected to their national counterparts. What differences or similarities in organization and purpose do you note? 2) Voter turnout in Texas is quite low. If you were a member of the legislature, what type of legislation would you support to increase voter turnout in Texas? 3) In 2006,Republican candidates won every statewide election. What forces contributed to that sweeping victory? 4) Media is as significant a factor in elections as anything in modern politics. What factors come into play with regard to media campaigns? What role does television play in statewide and local campaigns? Is radio useful to a candidate? What about newspapers and direct mail? Does the Internet play a role in Texas campaigns? 392 5) What are some of the factors in the growth of the Republican Party in Texas over the past 30 years? What happened to the Democratic Party, once dominant in Texas, in terms of elected officials and voter identification? What can the Democratic Party in Texas do to regain parity with the Republicans? What impact did the Obama presidential campaign have on Democratic Party success in the 2008 elections? Do you believe it will be a lasting effect and way? Web Sites The Secretary of State’s Elections Division Web site offers voter information, election returns and forms, election law information, and election reports. www.sos.state.tx.us/elections/index.shtml Texas Democratic Party maintains a Web site at www.txdemocrats.org The Republican Party of Texas maintains a Web site at www.texasgop.org The Texas Libertarian Party maintains a Web site at www.tx.lp.org The Reform Party of Texas maintains a Web site at www.texasreformparty.org Based in Houston, the Texas Politics Resource Page is hosted by Texas political consultant George Strong, and presents facts and gossip about Texas elections and politics. An outstanding links page for current political candidates across the state. (Portions of the Web site are for paid subscribers.) georgestrong.com The Texas Community College Teachers Association, an interest group representing educators in Texas community colleges, provides its members with a guide on how to help the association lobby members of the Texas Legislature. tccta.org/legis/publications/TCCTA-Guide-07-08.pdf The Texas Ethics Commission maintains an online list of registered lobbyists in Texas. www.ethics.state.tx.us/dfs/loblists.htm The College of Liberal Arts at the University of Texas at Austin maintains a Texas Politics Web site. This page features the cost of local newspaper space and television time space across Texas. www.laits.utexas.edu/txp_media/html/vce/features/0701_01/slide1.html Texans for Public Justice is a nonprofit organization working to research and reform campaign financing and lobbying practices in Texas. www.tpj.org/index.jsp 393 Practice Tests MULTIPLE CHOICE QUESTIONS 1) The temporary party organization consists of A) standing chairpersons and committees. B) conventions. C) permanent chairpersons. D) committees. 2) The principal purpose of a precinct convention is to A) select delegates to the party’s county or state senatorial convention. B) increase voter turnout in local precinct elections. C) select delegates to the state convention and reform platform measures. D) elect state party chairpersons. 3) When is a state senatorial district convention held? A) When electing a US Senator B) Between the county and the state convention C) Between the precinct and the county convention D) When a county is part of more than one senatorial district E) When a county has multiple seats in the Texas Senate 4) The final results of each party's primary votes are certified at the A) primary conventions. B) state conventions. C) county conventions. D) precinct conventions. E) national party headquarters. 5) Evidence for realignment in Texas is derived from the following indication(s): A) young voters are more likely to identify with the Republican Party than the Democratic Party. B) some Democrats are switching to the Republican Party. C) in 2002, Republican candidates won every statewide election. D) All of the above. 6) Which of the following is not one of the reasons for secular realignment in Texas? A) Younger people favor the Republican party B) Democrats who were part of the upper-level socio-economic bracket switched parties C) New residents in Texas are more likely to be Republican D) Party identification is more important in the elections, especially for Republicans E) Dissatisfaction with a string of "liberal" governors 394 7) All public officials who are appointed or elected under the same party and work to implement party policies while in government are known as A) party in the electorate B) party organization C) party in government D) party executive E) party caucus 8) In Texas, the Governor and the Lieutenant Governor are generally elected A) on the same ticket/ballots B) on different tickets/ballots C) in odd year elections D) based on the decision of party caucuses E) all of the above 9) Just like national-level groups, interest groups in Texas are involved in which of the following activities? A) Lobbying B) Electioneering C) Litigation D) Lobbying an electioneering E) Lobbying, litigation, and electioneering 10) Lobbyists provide which of the following information/services to government officials? A) Content of legislation B) Affect of legislation of constituents and supporters C) Experts to testify at legislative hearings D) What other states have done on issues E) Lobbyists provide all of the above 11) Political Action Committees (PACs) are groups formed to solicit funds that are used to A) elect or defeat candidates. B) boost lawmakers' salaries. C) improve public education. D) fund interest groups. E) support third parties. 12) Litigation was practiced extensively by _______ and _______ interest groups in 1950s and 1960s. A) professional, labor B) business, professional C) civil rights, environmental D) professional, environmental E) None of the above 395 the 13) Special elections are held in Texas to A) fill vacancies in state legislative offices. B) approve local bond proposals. C) fill vacancies in U.S. congressional offices. D) All of the above. E) None of the above. 14) Which election does not have a primary? A) Presidential B) Special C) Run-off D) General E) All elections have a primary 15) Voter turnout in Texas is highest in which type of election? A) special elections B) local elections C) primary elections in presidential election years D) congressional elections E) presidential elections 16) General elections are administered and funded by A) political parties. B) the state government. C) the national government. D) local government. E) the victorious candidate. 17) What body receives the contribution and expenditure reports for candidates for state office? A) Secretary of State’s office B) Ethics Office C) Texas Bar Association D) Ethics Commission E) No Such Body Exists 18) How long is the early voting period in Texas? A) One month. B) One week. C) Two weeks. D) 5 days. E) There is no early voting in Texas. 19) The effect of the motor-voter-registration system has been to A) increase the voter turnout. B) increase the number of individuals registered to vote. C) increase the number of individuals registered to vote and increase the voter turnout. D) None of the above. 396 20) Texas has early voting, which ends four days in advance of the actual election and lasts about how long? A) Four days B) Six days C) Ten days D) Twelve days E) Fourteen days TRUE/FALSE QUESTIONS 1) Political parties' permanent organizations are tied to electoral districts. 2) Because Texans do not register by party, it is up to polls to identify voting trends. 3) Independent voters have grown more numerous in Texas in recent years. 4) Party identification among Texans tends to favor the Republican Party. 5) Texas professional associations are represented by some of the weakest interest groups in Texas. 6) Interest groups usually engage in lobbying, electioneering, and litigation. 7) The groups most likely to pursue litigation are those that have been unsuccessful at lobbying and electioneering. 8) There are no limits on the amount PACs and individuals can donate to legislative candidates. 9) Much of the increased use of litigation by interest groups can be attributed to the new judicial federalism, which has made state courts more likely to entertain such lawsuits. 10) Texas places few restrictions of the use of money in political campaigns. ESSAY AND SHORT ANSWER QUESTIONS 1) How has the influence of the Democratic and Republican Parties changed? Be sure to include changes in the party in the electorate and changes in the party in government 2) Briefly explain the political activities of interest groups. 3) Explain the four different types of elections. 4) Briefly explain Texas laws regulating campaign contributions. 5) Why are political consultants so important to modern campaigns? Compare and contrast the following: 6) permanent party organization and temporary party organization 397 7) interest groups and political parties 8) dealignment and realignment 9) party-in-the-electorate and party in the government 10) primary elections, special elections, and general elections 398 ANSWER SECTION Chapter 1: The Political Landscape Chapter 2: The Constitution Multiple Choice Answers Multiple Choice Answers 1) A 2) C 3) B 4) D 5) E 6) D 7) D 8) B 9) C 10) B 11) A 12) A 13) A 14) C 15) D 16) A 17) A 18) A 19) A 20) D True/False Answers 1) A 2) D 3) B 4) B 5) B 6) E 7) C 8) C 9) E 10) B 11) D 12) E 13) B 14) D 15) B 16) A 17) E 18) E 19) A 20) A True/False Answers 1) true 2) false 3) true 4) false 5) true 6) false 7) true 8) false 9) true 10) true 1) true 2) true 3) false 4) true 5) true 6) true 7) false 8) true 9) true 10) false 399 Chapter 3: Federalism Chapter 4: Civil Liberties Multiple Choice Answers Multiple Choice Answers 1) E 2) A 3) C 4) C 5) A 6) C 7) D 8) E 9) D 10) A 11) D 12) B 13) D 14) A 15) E 16) D 17) B 18) A 19) B 20) A True/False Answers 1) A 2) B 3) A 4) E 5) C 6) B 7) A 8) C 9) C 10) E 11) A 12) C 13) D 14) C 15) B 16) C 17) E 18) A 19) E 20) D True/False Answers 1) false 2) false 3) true 4) false 5) true 6) false 7) true 8) true 9) false 10) true 1) true 2) true 3) true 4) true 5) true 6) true 7) false 8) true 9) false 10) false 400 Chapter 5: Civil Rights Chapter 6: Congress Multiple Choice Answers Multiple Choice Answers 1) B 2) E 3) C 4) D 5) E 6) D 7) B 8) A 9) A 10) A 11) A 12) E 13) B 14) D 15) E 16) A 17) A 18) C 19) A 20) B True/False Answers 1) C 2) D 3) B 4) D 5) B 6) B 7) C 8) A 9) A 10) B 11) C 12) C 13) A 14) E 15) C 16) A 17) D 18) B 19) C 20) E True/False Answers 1) true 2) false 3) true 4) false 5) true 6) false 7) true 8) false 9) true 10) false 1) false 2) true 3) true 4) false 5) false 6) false 7) true 8) false 9) false 10) true 401 Chapter 7: The Presidency Chapter 8: The Executive Branch and the Federal Bureaucracy Multiple Choice Answers Multiple Choice Answers 1) A 2) A 3) D 4) B 5) C 6) C 7) E 8) D 9) C 10) C 11) A 12) E 13) D 14) E 15) D 16) A 17) A 18) D 19) B 20) D True/False Answers 1) D 2) C 3) E 4) C 5) E 6) D 7) D 8) A 9) D 10) B 11) A 12) E 13) B 14) E 15) D 16) D 17) B 18) D 19) C 20) A True/False Answers 1) false 2) true 3) false 4) true 5) false 6) false 7) false 8) false 9) false 10) true 1) false 2) true 3) true 4) true 5) false 6) true 7) true 8) true 9) true 10) true 402 Chapter 9: The Judiciary Chapter 10: Public Opinion and the News Media Multiple Choice Answers Multiple Choice Answers 1) A 2) C 3) E 4) C 5) D 6) C 7) B 8) D 9) C 10) E 11) B 12) E 13) D 14) E 15) D 16) C 17) B 18) D 19) D 20) A True/False Answers 1) D 2) E 3) C 4) B 5) C 6) B 7) A 8) C 9) C 10) E 11) B 12) A 13) A 14) B 15) C 16) D 17) E 18) D 19) D 20) A True/False Answers 1) true 2) false 3) true 4) true 5) true 6) false 7) true 8) true 9) false 10) true 1) false 2) false 3) true 4) true 5) false 6) true 7) true 8) true 9) true 10) false 403 Chapter 11: Political Parties and Interest Groups Chapter 12: Voting, Elections, and Campaigns Multiple Choice Answers Multiple Choice Answers 1) A 2) B 3) E 4) B 5) B 6) D 7) A 8) A 9) C 10) C 11) A 12) E 13) E 14) D 15) B 16) B 17) B 18) A 19) C 20) C True/False Answers 1) C 2) D 3) E 4) B 5) C 6) A 7) A 8) C 9) A 10) A 11) A 12) C 13) C 14) C 15) D 16) B 17) A 18) D 19) A 20) C True/False Answers 1) false 2) false 3) true 4) false 5) true 6) true 7) true 8) true 9) false 10) true 1) true 2) true 3) true 4) true 5) true 6) false 7) true 8) true 9) false 10) true 404 Chapter 13: Social and Economic Policy Chapter 14: Foreign and Defense Policy Multiple Choice Answers Multiple Choice Answers 1) B 2) B 3) B 4) B 5) B 6) A 7) D 8) C 9) A 10) B 11) C 12) B 13) A 14) C 15) A 16) D 17) A 18) D 19) B 20) B True/False Answers 1) A 2) C 3) E 4) C 5) E 6) B 7) E 8) B 9) E 10) D 11) D 12) E 13) A 14) D 15) D 16) C 17) E 18) C 19) E 20) C True/False Answers 1) true 2) false 3) false 4) true 5) true 6) true 7) false 8) false 9) true 10) true 1) false 2) false 3) false 4) false 5) true 6) false 7) false 8) false 9) false 10) false 405 Chapter 15: The Context for Texas Politics and Government Chapter 16: The Texas Constitution Multiple Choice Answers Multiple Choice Answers 1) D 2) A 3) B 4) B 5) A 6) E 7) D 8) A 9) E 10) A 11) E 12) B 13) C 14) B 15) A 16) B 17) C 18) B 19) C 20) E True/False Answers 1) D 2) A 3) A 4) B 5) B 6) C 7) A 8) C 9) E 10) B 11) B 12) B 13) E 14) A 15) A 16) B 17) E 18) E 19) E 20) B True/False Answers 1) true 2) true 3) true 4) false 5) true 6) true 7) true 8) true 9) true 10) false 1) true 2) false 3) true 4) true 5) true 6) false 7) false 8) true 9) false 10) true 406 Chapter 17: Local Government and Politics in Texas Chapter 18: The Texas Legislature Multiple Choice Answers Multiple Choice Answers 1) E 2) D 3) B 4) C 5) C 6) E 7) C 8) C 9) B 10) B 11) C 12) A 13) D 14) C 15) C 16) B 17) E 18) C 19) B 20) B True/False Answers 1) D 2) C 3) A 4) B 5) A 6) B 7) A 8) E 9) D 10) A 11) A 12) C 13) C 14) B 15) D 16) B 17) E 18) C 19) E 20) E True/False Answers 1) false 2) true 3) false 4) true 5) true 6) false 7) true 8) false 9) false 10) false 1) false 2) true 3) false 4) false 5) true 6) false 7) false 8) true 9) false 10) false 407 Chapter 19: The Governor and Bureaucracy in Texas Chapter 20: The Texas Judiciary Multiple Choice Answers Multiple Choice Answers 1) D 2) D 3) B 4) E 5) E 6) D 7) E 8) C 9) C 10) D 11) D 12) B 13) A 14) B 15) B 16) D 17) D 18) A 19) C 20) E True/False Answers 1) B 2) B 3) E 4) B 5) E 6) C 7) E 8) B 9) D 10) A 11) B 12) C 13) B 14) D 15) D 16) A 17) A True/False Answers 1) false 2) true 3) true 4) false 5) false 6) false 7) false 8) true 9) true 10) true 1) false 2) false 3) false 4) true 5) true 6) true 7) false 8) false 9) true 10) true 408 Chapter 21: Political Parties, Interest Groups, Elections, and Campaigns in Texas Multiple Choice Answers 1) B 2) A 3) D 4) B 5) D 6) E 7) C 8) B 9) E 10) E 11) A 12) C 13) D 14) B 15) E 16) B 17) D 18) C 19) B 20) E True/False Answers 1) true 2) true 3) true 4) true 5) false 6) true 7) true 8) true 9) true 10) true 409
