POLS 205
American National Government
Review for Test 4
Readings - Unit 1: Chapter 6, pages 107-120, Chapter 7, pages 141-156, Chapter 5
Unit 2: Chapters 3 and 4
Test Four, Unit One
Pressure:
The Media
Interest Groups, PACS and 527’s
Lobbyists plus Pluralism and Elitism
Intergovernmental Pressure
Lecture 1 - The Media
“Molding and Shaping Young Minds to a Focused World View…”
Is it “What are media” or “What is media”…
Media are those means of communication that permit messages to be made public.
Mass Media is able to make the messages VERY public – lots of people, all at once.
Why Should I Care?
Over 95,274,000 million people have regular exposure to a daily newspaper. (Of 308 m.)
There are:
2,218+ TV stations (local affiliates).
14,000 radio stations
20,590 different magazines in publication
61.1 million households with basic cable (Of 127.8 (47.8%))
Why Should I Care?
Average number of TV sets: 2.97
28 hours per week of childhood viewing
64% of U.S. households have broadband Internet access.
The Marketplace of Ideas!
The Framers of the Constitution believed that a free flow of information from many sources was basic to
maintaining their systems of government. Ideas would compete with one another without restraint in
the “marketplace of ideas”. (Wasserman)
Is The Press Doing Their Job?
Inform the public about what its leaders are doing
Act as a watchdog monitoring government actions
The Growth of Mass Media
Once upon a time…
Three channels, plus maybe public television
ABC, NBC, CBS
Nightly News and Local News
60 Minutes and Meet the Press.
C-SPAN started in 1979
CNN started in 1980
MSM vs. Alternative Sources
Main Stream Media
Liberal and Conservative sources
Late Night “fake news” – 20%
Just Add Water!
Instant News
The 24 Hour News Cycle:
How will this look on the 6:00 news?
Friday at 5:00 news dump
The internet and the “blogosphere” have added speed and intensity to generate a near constant “crisis mode”
We are losing time for ANALYSIS.
The Menu of Messages
News Reports
Entertainment
Advertising
News Reports
Roles of the press:
Gatekeeper
Influences what subjects become national political issues
Score Keeper
Help make political reputations
Especially important in primary races
Watchdog
Close scrutiny
An instinctive desire to expose scandals and investigate personalities
News Reports
Problems With the Press:
Sensationalism:
If it bleeds, it leads; if it burns, it turns heads
Selectivity
What’s News, What Isn’t
Agenda Setting
Surreptitious bias
Everyone has a point of view
I’d rather listen to someone who recognizes that they have a bias. Unfortunately, that’s “rather”
rare.
Entertainment and Advertisement
Entertainment
Defining what is “Normal”
The Oprah/Jerry Springer/Dr. Phil effect
Advertisiment
Most of the profits in the media industry come from:
Advertising
60% of Presidential campaign funds are spent on advertising
30 Seconds of Superbowl airtime is just over $2.6 million bucks in 2010!
They KNOW it is effective or they wouldn’t pay so much for it. It WORKS!
What About When They Interbreed?
Infotainment
Product Placement
Oprah!
Politics and the Media
Press Secretary
http://www.whitehouse.gov/briefing_room/PressBriefings/ Robert Gibbs
The “Bully Pulpit”
Lend me your ears, and “Hey, watch this!”
Good News from the Original Embedded Reporters:
Then you will know the truth, and the truth will set you free.
Jesus to the Children of Abraham in John 8:32
John 16:33 "I have told you these things, so that in me you may have peace. In this world you will have
trouble. But take heart! I have overcome the world."
Under Pressure!
Lecture 2 - Interest Groups and PACs
Alexis de Tocqueville (1805–59)
Americans combine to give fêtes, found seminaries, build churches, distribute books, and send
missionaries to the antipodes. Hospitals, prisons, and schools take shape in that way. Finally, if they
want to proclaim a truth or propagate some feeling by the encouragement of a great example, they
form an association. In every case, at the head of any new undertaking, where in France you would
find the government or in England some territorial magnate, in the United States you are sure to find
an association. I have come across several types of association in America of which, I confess, I had not
previously the slightest conception, and I have often admired the extreme skill they show in proposing
a common object for the exertions of very many and in inducing them voluntarily to pursue it.
Interest Groups
Link people to government by organizing those with similar viewpoints on a specific policy area and
presenting these views to (not necessarily elected) government officials.
The incredible diversity of American life is reflected in the vast array of Interest Groups seeking to
influence our political process!
Interest Groups
Trade Unions
NEA
UAW
AFL/CIO
Professional Associations
The American Medical Association
The American Bar Association
The National Association of Realtors
The American Society for Public Administration
Environmental Groups
Izaak Walton, Greenpeace
Business Groups
National Association of Manufacturers
Trade/Industry Groups
Portland Cement
Natural Gas
Agriculture
Farm Bureau
Ethnic Lobbies
NAACP, LULAC
Good Government
Concord Coalition, Common Cause
Specialty Interests
MADD, NORML, La Leche
Religious
Christian Coalition, National Council of Churches
One of these things is NOT like the other….
Why not? Tax exemptions and FEC rules.
Got Milk?
Interest Groups
Link people to government by organizing those with similar viewpoints on a specific policy area and
presenting these views to (not necessarily elected) government officials.
Money is the Mother’s Milk of Politics, thus…
Political Action Committees
Organizations set up by private groups to influence the political process by raising funds from
their members
They Call it “The Law of Unintended Consequences!”
A little history lesson:
1955 – the AFL/CIO forms COPE: The Committee on Political Education
Late 70’s – Campaign finance reform puts limits on individual donations
Intent: To curb the influence of wealthy corporate leaders
Outcome: Corporations and trade organizations have an even more effective channel to
funnel money to candidates via PACS
PACS increase from 608 in 1975 to 4,203 in 2003
Spending goes from $12.5 m. in 1974 to $280 m. in 2002 ($197 m. of which went to
incumbents!)
Who Are the Big Guns?
Note: 6 of the top 12 are unions!
Also note the changes from 2008 to 2010.
Leadership PAC’s
Ways for politicians to collect, bundle and funnel campaign contributions to other politicians.
527’s vs. PACS
Chapter 527 organizations
An organization that is created to receive and disburse funds to influence or attempt to influence the
nomination, election, appointment or defeat of candidates for public office.
PACS
Organizations set up by private groups to influence the political process by raising funds from their
members
527’s vs. PACS
Chapter 527 organizations
These organizations may not make any expenditures involving express advocacy for the election or
defeat of any candidate for federal elective office.
Tax exempt organizations not regulated by FEC
IRS filings required, but no limits on timing of ads
Cannot coordinate with campaigns
http://www.opensecrets.org/527s/527cmtes.php?level=C&cycle=2008
PACS
The line between issue advocacy and candidate advocacy is the source of heated debate and litigation.
FEC regulated
Limits on contributions
Limits on timing and content of ads
Under Pressure:
Lecture 3 - Lobbyists:
Helping Decide Who Gets What, When and How…
Interest Groups
Link people to government by organizing those with similar viewpoints on a specific policy area and
presenting these views to (not necessarily elected) government officials.
One tactic is to employ lobbyists to present those views.
Lobbyists
I’m Just Exercising My Constitutional Rights!
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
54,000 plus!
12,340 of whom work in DC alone. 42,000 at the state level
Lobby: An array of activities that attempts to influence legislation and government policy. (Schmidt)
Lobbying: When individuals or interest groups pressure the government to act in their favor.
(Wasserman)
Lobbyist: A person attempting to influence governmental decisions on behalf of a group. (Wilson)
Lobbying Techniques
Engage in private meetings with public officials to make known the needs of the client.
Testify Before Committees
Testify Before Agencies (Especially for Rulemaking)
Provide Draft Legislation And Amendments
Provide Information, Both Technical And Political
Mix AND Mingle…
Direct and Indirect
Direct Lobbying:
Congressional Committees, Executive Bureaucracies
More time actually spent on agencies!
Based on:
Knowledge
Personal contact
Money, oh, I mean fundraising…
Wilson calls this “insider strategy”
Indirect Lobbying:
Constituent Activation
Letters
Calls
Media Presence
Positive Articles
Editorials
Coalition Building
Strange bedfellows!
Environmentalists and Big Oil
Grassroots campaigns
Wilson calls this “outsider strategy”
Handguns, lobbyists and other dangerous things
Lobbyist registration
20% of your time lobbying makes you a lobbyist.
Report on bill numbers and issues lobbied, but not individual contacts made.
“Grassroots” efforts are exempted
Lobbyist’s expenditure reports
Semiannual report on how much has been spent.
Also must report on who is doing the paying.
Chamber rules limit individual gifts.
The Iron Triangle
The Revolving Door
Phil Gramm, former Senator from Texas “retired” in 2003 to a position at UBS Warburg for an annual
salary of over $1 million!
New one – Peter Orzag, Obama’s former OMB chief s headed to CITIbank
Topic Two – Pluralism and Elitism
Is it really all just about money?
Elite Power Theory and American Elites
Elites: Those who get more than others of the values society has available, such as wealth, prestige, or
security. (Wasserman)
Elite power theory: society is ruled by a small number of people who exercise power in their self interest.
(Schmidt)
What makes us different: We believe we all have the potential to become elites if we work hard enough.
Our elites aren’t born, they are MADE.
An alternative to the Elite Power Theory: Pluralism
Pluralism – applying pressure to make good policy
A GROUP theory of democracy.
Society contains many conflicting groups with access to government officials, and these groups compete
with one another to influence policy decisions.
The compromises that result become public policy.
Key Concepts of Pluralism:
Fragmentation of Power
Opposing pressures: Duke-ing it out in the marketplace of ideas
Bargaining
Horse-trading: Groups must bargain with each other to obtain their goals
Compromise
Accommodation: Half a loaf IS better…
Consensus
Agreement: majority acceptance of foundational values and specific policy choices
Two Other Schools of Thought
1) Marxism - Karl Marx
Those who control the economy also control the government.
Government is simply a reflection of underlying economic forces.
2) Bureaucratic Control - Max Weber
Those who control the government… also control the government.
Appointed officials and career government workers exercise vast power by deciding how to translate
public laws into administrative actions.
I Need a Shower!
If you too are feeling “slimed” after our discussions of lobbies and interest groups, money and pressure,
consider this:
“Politicians still get elected on platforms of that call for broad changes in government, and these officials
have to explain to voters what they’ve accomplished when they run for re-election. The press
investigates cozy deals by lobbyists, the civil service is generally competent and committed to their
agencies’ programs, and grassroots public interest groups often can elbow their issues onto the country’s
agenda.” (Wasserman)
Lecture 4 - Intergovernmental Relations
Pressure in the Federal System
Four Main Constitutional Principles
The Separation of Powers, and Checks and Balances
Federalism
Judicial Review
A Limited Government with a Living Constitution
States vs. National Government
Unitary Systems
Confederations
Federalism
But Remember:
The power originates in the citizens!
Federalism
Calls for political authority to be distributed between a central government and the government of the
states. (“Shared Power”)
Both the federal and state governments may act directly on the people
Each has some exclusive powers
Political authority is spread out to prevent power from being concentrated in any one group
Which all sounds like a really great plan, BUT…
Imperium in Imperio
The contradiction of federalism:
How can you have a state within a state?
How do you know who’s in charge?
An Experiment in Self Governance
Federalist 46:
Both the state and federal governments “are in fact but different agents and trustees of the
people, constituted with different powers” (Madison)
The levels of government would keep a check on each other’s power, much as the three branches
reign in each other’s powers.
But, there was no historical precedent to predict that the experiment would work!
Who Rules and to What Ends?
Federalist 45:
“The powers delegated by the proposed Constitution to the federal government are few and
defined. Those which remain in the State governments are numerous and indefinite.” (Madison)
Hamilton argues for national supremacy, Jefferson for state’s rights.
In the end, we have both the Supremacy Clause and the 10th Amendment.
Modern Federalism
How Many Governments?
One National Government
Fifty State Governments
89,476 Local Governments!
2.5 million Federal Employees
3.8 million State Employees
11.05 million Local Employees
Remember the Definitions of Politics?
Harold Lasswell:
Who gets what, when and how
Lenin said politics was about "who could do what to whom“
Pikachu, I Choose YOU!
“What many of us forget when we think about ‘the government in Washington’ is that it spends much of
its money and enforces most of its rules not on citizens directly, but on other, local units of government.”
Wilson
A Sampling of State Policies Subject to Federal Pressure:
Welfare
Highways
Downtown Improvement Districts/ Empowerment Zones
Unemployment Compensation
Environmental Programs for Clean Air and Water
National Guard
The Intergovernmental Lobby
Mayors
Governors
Superintendents of Schools
State Directors of Public Health
County Highway Commissioners
Local Police Chiefs
ALL count on federal funds!
Like any lobby, they want more money with less strings!
Fiscal Federalism
Follow the money!
Purse Strings and Apron Strings
Between 1960 and 1970 Federal grants in creased eightfold!
1985 - $100 billion
2003 - $400 billion
Land Grants become Money Grants
1808 - $200,000 to the states for Militias
1915 - $6 million for grants in aid
1925 - $114 million
1937 - $300 million
Your Mother is Sending You $50...
Categorical Grants
Specific Purpose
LOTS of strings
May require matching
Are strings indicative of a lack of trust or a desire for control over states?
Block Grants
General use
Fewer strings
May require matching
Community Development Block Grant
Law Enforcement Assistance Act
Comprehensive Employment and Training Act
I can’t drive 55!
Fiscal blackmail or federal leadership
“Conditions of Aid”
Mandates
Not just putting conditions on a grant, but telling a lower level of government what to do.
States hate these.
States impose these on their own local governments.
Mandates come from Legislative, Executive AND Judicial actions.
Executive
Agency Rules and Regulations
Judicial Decisions
School desegregation, Prison overcrowding
Unfunded Mandates
Telling a lower level of government what to do AND not providing the funds to do it.
States REALLY Hate these.
You guessed it: States impose these on their own local governments
In 1995, the new Republican Congress enacted a new Federal Unfunded Mandates Reform Act, banning
unfunded mandates.
Devolution
Devolve: to send responsibility and sometimes resources to a lower (more responsive?) level of government
Combination of devolve and revolution
Negative spin: Reversing an evolutionary trend
James Q. Wilson Gets the Last Word:
“Finally, Americans differ in the extent to which we like federal as opposed to local decisions. When
people are asked which level of government gives them the most for their money, relatively poor citizens
are likely to mention the federal government first, whereas relatively well-to-do citizens are more likely to
mention local government. If we add to income other measures of social diversity-race, religion, and
region-there emerge even sharper differences of opinion about which level of government works best. It
is this social diversity, and the fact that it is represented not only by state and local leaders but also by
members of Congress, that keeps federalism alive and makes it so important. Americans simply do not
agree on enough things, or even on which level of government ought to decide on those things, to make
possible a unitary system.”
Test Four, Unit Two
Civil Liberties and Civil Rights
Note: This portion of the review is MUCH less complete because we have covered these
topics more recently.
Lecture 1
The worth of one individual soul
The source of our rights – God
“endowed by our creator with certain unalienable rights”
Civil Liberties vs. Civil Rights
Original Constitutional Rights:
Habeas Corpus, no bills of attainder, no ex post facto laws
Roosevelt’s Four Freedoms ( State of the Union, January 6, 1941)
Freedom of speech and expression
Freedom of every person to Worship God in his own way
Freedom from want
Freedom from fear
Lecture 2
The First Amendment
Absolutely nothing is absolute
Freedom of Religion:
–
–
The Establishment Clause
The Free Exercise Clause
Freedom of Expression
–
–
Freedom of Speech
Freedom of the Press
Right to Peaceably Assemble
Right to Petition Government for Redress
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
Freedom of Religion
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof
(Notice: CONGRESS… 9 of 13 original colonies had official churches)
“Separation of Church and State” Thomas Jefferson’s 1802 letter to the Danbury Baptists
“Wall of Separation” Hugo Black’s majority opinion, Everson v. Board of Education (1947)
Lemon vs. Kurtzman (1971)
Direct state aid can’t be used for religious instruction
Created a Three Part Test:
Aid must have a secular purpose
Its primary effect can neither advance or inhibit religion
It may not create an excessive entanglement
All of these are about balance
Balancing your rights against mine
Striking the right balance when rights conflict – expression vs slander
Protecting both our rights and our well being
Justice Hugo Black
"I believe that our Constitution," Justice Black once said, "with its absolute guarantee of individual
rights, is the best hope for the aspirations of freedom which men share everywhere."
Lecture 3 – Balance of the BOR
2nd amendment
Why we must keep the 1st amendment strong!
Criminal Processes:
4th – Search and Seizure
Reasonable search
Warrant exceptions
8th – No cruel and unusual punishment
No excessive bail or fines
5th Amendment–
1: Grand Juries
2: No Double Jeopardy
3: I plead the 5th
4: Due Process
5: Taking Property for Public Use
6th Amendment –
1: Speedy, public trial
2: Impartial Jury
3: Informed of the nature of the charges against you
4: Confront witnesses; compel witnesses
5: Assistance of Counsel
Lecture 4 – The Struggle for Civil Rights
Cases:
Plessy vs. Ferguson (1896)
Upheld the 1890 Louisiana statute called the "Separate Car Act", which stated "that all railway
companies carrying passengers in their coaches in this state, shall provide equal but separate
accommodations for the white, and colored races…
Brown vs. The Board of Education of Topeka, Kansas (1954)
"We conclude that the doctrine of 'separate but equal' has no place. Separate educational facilities are
inherently unequal."
—Chief Justice Earl Warren
The arc of history…
is long, but it bends toward justice.
MLK
Legislation:
Civil Rights Act of 1964
Based on the Commerce Clause
Aimed to eliminate discrimination based on race, ethnicity, gender or religion
Amendment 24 (1964)
No poll taxes
Voting Rights Act of 1965
No literacy tests, no “grandfather clauses”
Civil Rights Act of 1968
Forbade discrimination in housing
“Race, ethnicity, gender or religion”
Women’s Rights
19th Amendment (1920) Votes for Women
1923 Equal Rights Amendment proposed
1963 Pay Equity Law
1964 Title VII of the Civil Rights Act aims to eliminate gender discrimination
1972 – Title IX of Education Act prohibits sex discrimination – funding for women’s sports
1973 Congress approves Equal Rights Amendment (ERA) for submission for ratification
(The ERA is never ratified, despite an extension of time. However, “incorporation” of equal rights
under the 14th amendment now makes the ERA seem less necessary.)
Other Groups Seeking Civil Rights Protections
Gay, Lesbian, Bi-Sexual and Transgender Americans
Lawrence vs. Texas – overrules Texas sodomy law
Disabled Americans
1990 Americans with Disabilities Act (ADA)
Requires public building access; reasonable accommodations from employers; includes physical
and mental impairments.
Senior Citizens
1967 Age discrimination outlawed via the Age Discrimination in Employment Act.
1978 No more mandatory retirement.
This one is the one to watch!
Lecture 5 and 6 – Expanding on the Bill of Rights
Privacy
“Right to Privacy”
Not an explicit constitutional term; it is “inferred”
Griswold v. Connecticut (1965)
Justice Douglas: 1st, 3rd, 4th, 5th, and 9th Amendments create penumbras, formed by emanations from
those guarantees that give them life and substance.”
Due Process
Procedural Due Process:
HOW - Procedures
Before you can be relieved of “life, liberty or property” there has to be a fair trial, and you have to have
the chance to effect the outcome.
Substantive Due Process:
WHY - Substance
The Government cannot pass law that would unfairly or inappropriately deny any enumerated or implied
liberties or rights.
Dred Scott (1856), Lochner v. New York (1905)
Incorporation
14 X 2 + 57 years + 5 = 10 (or more!)
The Doctrine of Incorporation
The guarantee of due process in the 5th and 14th amendments, and of equal protection in the
14th amendment allows the Supreme Court to incorporate other constitutional rights when
limiting state governments in their actions against citizens
Or in plain English: Does the Bill of Rights apply to the states? Yes, yes it does. Well, mostly… (Partial
Incorporation)