Reading Notes
PART I READINGS
Week 1: Sept 1-3
Wilson Ch 1
 Power, authority, legitimacy
 Constitutional Convention 1787
 Direct/participatory democracy (Aristotle); representative democracy or elitist
theory of democracy = people don’t have time, knowledge, etc. make bad
decisions = Schumpeter
 Republican form of government = representative democracy
 Majoritarian politics
 Theories on distribution of power
Marxist (capitalists dominate US government), power elite (Mills = government
dominated by few top leaders – of corps, military, media, etc); bureaucratic view (Max
Weber = government dominated by appointed officials); pluralist view (competition
among all affected interest shape policy)
Huntington: Political Modernization
 Political modernization requires – rationalization of authority, differentiation of
structures and expansion of political participation
 Political participation earlier and more extensive in America than Europe
 This does not mean that political modernization occurred earlier or more rapidly
in the US than in Europe = the rationalization of authority and differentiation of
structures occurred later in America
Possible inverse correlation between the modernization of governmental institutions
and the expansion of political participation
 Three patterns of governmental institutions:
Continental model
Rationalization of authority and differentiation of structures were dominant trends of
the seventeenth century; connected to centralization: age of great simplifiers, centralizers
and modernizers; church subordinated to state; standing armies; replaced feudal
principality – rise of nation-states by 1700
British model
Similar in nature to continent but different result; authority centralized, church
subordinated, etc. but efforts of Stuarts to rationalize authority along continental
absolutism provoked constitutional struggle – Parliament emerged victorious = authority
centralized in parliament, not crown
American model
Political institutions didn’t undergo revolutionary change; imported principle
elements of English 16th century constitution and given new life (essentially Tutor)
Main concepts in Tudor medieval constitutions = organic union of society and
government, harmony of authorities within government, subordination of government to
fundamental law, intermingling of the legal and political realms, balance of powers
between Crown and parliament, complementary representative roles of two bodies,
vitality of local govt authorities and reliance on militia
American system can be understood in its origins, development, workings and spirit
only in the light of precedents and traditions which run back to England of the civil wars
and prior
Unique today because so antique – page 9
Rationalization of authority = single authority replaced the many which had
previously existed
In US – continued focusing on fundamental law as source of political authority
Fundamental shift from acceptance to activism marks off modernity; Fundamental
law and diffusion of authority were incompatible with political modernization = authority
must reside in men not in unchanging law
Closely linked to idea of absolute sovereignty was concept of state as separate entity
from people = “European monarchs took to legitimize themselves and their actions by
reference to the state”
Doctrine of sovereignty helped political modernization by legitimizing the
concentration of authority and the breakdown of medieval pluralistic political order
Substitution of sovereignty for law and the centralization of power
England – James I attempt to modernize Britain, looked like it would follow
continental model but invoked counter claims for parliamentary supremacy over royal
absolutism = Milton’s argument that parliament is above all positive law, whether civil or
common, makes or unmakes them both
Parliament no longer “law declaring” but law making machine
America = two traditional concepts of law continued in America:
The idea that man could only declare law and not make law; the idea of a
fundamental law beyond human control was given new authority by identifying it with a
written constitution
Persistence of fundamental law doctrines went hand in hand with rejection of
sovereignty = revolution was essentially an argument against the legislative sovereignty
of parliament – sovereignty lodged in people in America, but rarely exercised by people
except when ratifying constitution, etc.
Popular sovereignty in US = latent, passive, ultimate authority, no a positive and
active one
Representation = in England elimination of the estates was paralleled by a decline in
the legitimacy accorded to local interests; the Old Tory system of local interests rep by
MPs replaced with Old Whig system under which king lost active representative
functions and MP became representative of whole community = parliament became
collective rep of the nation
In America = dual system of representation
Differentiation of Structure:
Power = control or influence over actions of others; function = particular types of
activity
In Europe = rationalization of authority and centralization of power were
accompanied by functional differentiation and the emergence of more specialized
governmental institutions
In America = sovereignty divided, power separated, functions combined in different
institutions – in pure form the separation of legislative, executive and judicial functions
would give one institution a monopoly of the dominant law making function and would
thus create centralized power = but in US checks and balances which equalized power
US doesn’t have separate powers – has separate institutions sharing powers = US
perpetuated a fusion of functions and a division of power
Comes at cost of efficiency
In US – fusion of judicial and legislative powers = judicial review; mixing of legal
and political functions
US presidency combines chief of state and head of government; continues the
traditional type of constitutional monarchy
Typically division of power between two bodies in a legislative assembly varies
inversely with the effective power of the assembly – not in USA though
In America – the militia became the crucial military force at the time it was decaying
in Europe and replaced by standing armies; identified militia with popular government
and standing armies with monarchical tyranny = militarily traditional to use militias
Tudor institutions and Mass Participation
Differences in political modernization are directly related to the prevalence of foreign
war and social conflict in Europe
Competition forced the monarchs to build military strength, required national unity,
suppression of regional and religious dissidents, expansion of armies and bureaucracies
and increases in revenues
“War was the great stimulus of state building”
Divided societies cannot exist without centralized power; consensual societies cannot
exist with it
Differences in social consensus between Europe and America also account for
differences in manner in which political particip. Expanded
Countries where tendencies towards absolute monarchy were defeated (England),
stalemated (Sweden), or absent (USA), developed more viable democratic institutions =
the continued vitality of medieval estates and pluralistic assemblies is associated with
subsequent democratic tendencies
In US no class differences existed as in Europe and hence the social basis for conflict
over suffrage extensions were less; US extension of suffrage more referred to extension
to more institutions (ie. Governor, president, senate, etc.)
In US – many venues to political power, so many different groups could participate,
hence less violence and instability; in Europe expansion of participation was linked to
centralization; institutional pluralism on the other hand encouraged expansion of
participation and then strengthened it
US = worlds most modern society with one of the most antiquated polities
Spread of early participation led to creation first of political parties, but the absence
of rationalization and differentiation and the continuation of traditional political
institutions also explains why American political parties never became as strongly
organized
Conclusion
In US continuity in governmental institutions has permitted rapid change of society
which in turn encouraged continuity in government
External security and internal consensus have been principle factors in militating
against the modernization of American institutions
Week 2: Sept 8-15
 Wilson Ch 2
Articles of Confederation = went into effect 1781
Constitutional convention Philadelphia May to September = 55 delegates
Pennsylvania most democratic constitution with unicameral legislative; but
disenfranchised Quakers, no trial by jury = tyrannical because concentrated powers
Shay’s rebellion = January 1787 – prevent court in Massachusetts from sitting
because taxes/property; issue of raising army/militia
Galvanized people into attending Philadelphia convention
Virginia plan = led by Governor Randolph and Madison
Strong national government, three branches; one house of leg direct elected; national
legislative has supreme powers on issues not competence of state
New Jersey Plan = led by William Patterson
Proposed to amend the articles of confederation; give government more power
Great Compromise = reconcile big-small states, solve issue of national legislature
Enumerated (delegated) powers = those given to the national government; reserved
powers = states only powers; concurrent powers = shared
Ratified in 1788; offices filled in 1789
McCulloch v Maryland = necessary and proper clause (Article 1 section 8)
Nullification, doctrine of dual federalism = state and fed supreme in own sphere,
which should be kept separate
Initiative = process to put legislative matters on ballot; refrendum = procedure of
rejecting a passed legislative matter; recall = voter can remove elected official from
office
Grant in aid = money from national to state government
Categorical grants = fed grants for specific purpose
Revenue sharing = fed share fixed % of rev with states
Conditions of aid and mandates
Waiver = permission to violate a law
Second order devolution = flow of money and power from states to local government
Third order devolution = increase role of non profit, private groups in implementation
Express preemption = congress explicitly supercedes state/local law
Implied preemption = fed law conflicts with state law
 Cigler Ch 1
Jack Rakove = A Tradition Born Of Strife
States constitution writing in 1767 was practical experience, lessons
Glorious Revolution 1688 limit kings authority over Parliament – but stamp act crisis
1765 = constitutional dispute
Reconstitute government with written constitutions
Massachusetts = issue of distinguishing an act establishing government and a
legislative statute
Two conditions = document had to be drafted by a body appointed for the purpose; it
had to be submitted to the people for approval
Two errors of initial compilers = defective procedures used to adopt them prevent it
from becoming fundamental/unalterable law and failure to balance government (strong
unchecked legislative)
Madison et al = national government need power to enact, execute and adjudicate
In 1789 = Bill of Rights = issue of federalists versus anti-feds
Richard Hofstadter = An Age of Realism
Founders – liberty menaced by democracy; liberty linked to property not democracy
Founders thought of liberty as negative = freedom from fiscal uncertainty, trade wars,
economic discrimination by foreign states, popular insurrection = wanted govt to be
honest broker
To protect property is to protect men in their natural faculties/abilities
View that democracy is a transitional stage in government – can evolve into a tyranny
or an aristocracy
Widespread property holding = gave people a stake in government
Framers admit yeoman into partnership, but limited and fails = yeomen joined with
rich farmers in south, Hamilton favor North = strong coalition that democratized US
Stake in society political theory of rights
Human nature argument
John Roche = A Reform Caucus
Goals of constitutional elite subversive to established order, but worked procedurally
with the game
Public opinion = only effective weapon in constitutional arsenal
Continental vision = within international arena = ie govt too weak
Assets = George Washington; talent and energy and communication; preempt skills
making opposition on defense; credo of American nationalism (post War)
Ideologically non-polarized political atmosphere
Madison = Virginia plan = political master stroke
Divisions structural not ideological otherwise opposition would have walked out –
compromise
Virginia plan highly central, free of states in legislature, Madison inch away from
stance = ironically father of federalism
Idea endorsed in principle, but smaller states needed protection, compromise
imperative if to pass nationally
New Jersey plan = political acumen, not states rights – want it to pass; aimed at
political liabilities of Virginia plan = institutional structure not scope of national authority
Supremacy clause first in Patterson’s 6th resolution; idea that national government act
directly on citizens
Virginia plan put big states in saddle
Committee created to solve deadlock of representation = second level political
entrepreneurs = Connecticut compromise
Constitution not a triumph of architectonic genius; instead a patchwork sewn together
under pressure of time and events by talented democratic politicians = success of national
elite
Federalist #51

Jillson page 1-17 = Perspectives on the Federal Convention of 1787
Looks at how scholars have interpreted the work of the federal convention and how
these interpretations have developed and changed
Interpretations range from simple ones of consensus to complex interest-based
interpretations
Whig Conception of history and men predominated in 19th century studies of
constitution drafting = “all right thinking persons sought the immediate strengthening of
the central government;” “critical engagement in battle between liberty and tyranny”
J. Allen Smith in 20th century set tone for a much less flattering interpretation of
conventions work = “American scheme of government was planned and set up to
perpetuate the ascendancy of the property holding class”
Interests were partial, competitive and engaged = zero sum contest for control of the
levers of political and economic power
Charles Beard = proponent of the economic interpretation of the motives of the
framers – expanded on Smith’s interpretation; said founders derived personal economic
advantages in new system; were broad economic and social class interests as well as
direct individual interests at stake in convention
Constitution a victory for investment capital over capital employed in small scale
agricultural production (personality versus reality interests)
Beard’s thesis attacked by Warren = said too neat and simple picture; if Beard was
correct the mobile capital within each state should have been arrayed against capital
invested in land on opposite sides of ratification
Robert Thomas’s research disproves this – no rich-poor dichotomy among different
groups
Forrest McDonald tried to salvage Beard’s economic reductionism by extend the
kinds of economic interests active = “various interest groups operated under different
conditions in the several states and thus their attitudes varied with internal conditions” –
replaced Beard’s simple dichotomy with more complex = said there were at least thirty
four major factions form the different states
John Roche = concluded that the constitution was no more than a particularly
impressive patchwork sewn together under the pressure of both time and events by a
group of extremely talented democratic politicians = said basic differences of opinion
were not ideological but were structural
Many feared that the constitution as a document of principled purpose providing a
clear statement of operative national values was in danger from pluralist or interest based
interpretations
Martin Diamond = promoted the impact of ideas and political principles over those of
economic or narrow political interests
Debate was over how the ends of democratic consent, liberty and competent
government can best be obtained
More recently interest based interpretations has been modified by a developing sense
of the importance of intellectual, theoretical and ideological influences on the behavior of
Americans
Which ideas were important and how so is debated
Louis Hartz = argues the impact of a uniformly Lockean political culture on the
origins and future course of American political development = produced a fixed,
dogmatic liberalism; Lockean principles so pervasive during founding period that they
represented America’s general will
Lockean principles that counted were more social with political implications; for
Hartz = radical version of social equality which led to individualism; thus Lockean
principles influenced a competitive individualism, social equality and unlimited
economic opportunity
Also trend to describe a republican political culture more diffuse than Lockean
consensus; accordingly the American political culture’s roots are complex and atavistic,
growing out of the rich English intellectual traditions of the dissenters, radical whigs,
classical republicans, commonwealthmen, country party, or “The Opposition” = Bailyn
Civil humanism is the social or communitarian character
Godron Wood and this author’s position: what is needed is a broad social
interpretation in which the struggle over the constitution is viewed as the consequence of
opposing ideologies rooted in differing social circumstances
Thus the interaction of classical republican ideals with the principles of Lockean
liberalism
The intellectual composition and regional distribution of the ideas, values and
attitudes which formed the American political culture during the founding period provide
the basis for an understanding of important aspects of the Federal Conventions work
Daniel Elazar = description of political subcultures
Robert Kelley = the congregational new Englanders were sharply distinctive in their
moralistic republicanism; the south had libertarian republicanism (government should be
small and inactive)
Middle Atlantic state = had no uniform social or economic character, but had as a
direct result of diversity a distinctive political style = Patricia Bonomi – important for the
formation of political habits, not so much for cultural heritage = basic patterns of
American pluralism
Kelley = Middle States had egalitarian republicanism and nationalist/elitist
republicanism
All together = New England said politics about service to society; South said politics
about securing the stability and continuity of the status quo; the Middle Atlantic states
said politics were about power and influence and how to get them and how to wield them
in pursuit of both public benefit and private advancement = regional subcultures thesis
Robert Dahl = Two levels of debate = practical problem of designing a system of
government that would work well enough to endure; and underlying the debate on
practical matters were differences in political objectives that seemed to reflect differences
in political ideas and ideology
Constitutional level focuses upon alternative sets of rules or institutional
arrangements
Operational level is concerned with who gets what when, how, etc.
At constitutional “higher” level = regional differences most evident = less influenced
by economic status or social role of individuals, but by general assumptions concerning
the interplay among human nature, political institutions and good society
As general institutional design of the regime and the relationship that would pertain
among parts became clear practical politics played more role
Conclusion:
Division into principle versus interest interpretations derives from scholars tendency
to focus on one level of constitutions choice or the other; those who posit the dominance
of ideas in the convention have concentrated on the higher level of constitutional choice;
those who posit the dominance of interests focus on questions at the lower level
At higher level = coalitions formed on intellectual cleavages; Middle Atlantic
nationally oriented states opposed the more locally oriented delegates from north and
south’ when focus went to lower field, the states split along lines defined by economic
and geographic interests, state size and region
 The Federalist Papers # 10, 37, 47, 48, 51, 70, 78
Madison Number 10
Instability, injustice and confusion introduced into the public councils have been the
mortal diseases under which popular governments perish
Issue of factious spirit tainted public administration
Faction = number of citizens whether a majority or minority, 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 interests of the community
Two ways of removing mischief of factions = removing its cause or controlling its
effects
Two methods of removing causes = by destroying the liberty which is essential to its
existence or by giving to every citizen the same opinions, passions and interests = both
impossible or worse than the initial issue
Factionalism inherent in men; most common and durable source of factions is various
and unequal distribution of property = creates interests which need to be regulated
through modern legislation and involves the spirit of party and faction in the necessary
and ordinary operations of government
The parties are and must be the judges and the most numerous party is expected to
prevail
Main point = the causes of faction cannot be removed and that relief is only to be
sought in terms of controlling its effect
To secure the public good and private rights against the danger of such a majority
faction and at the same time to preserve the spirit and the form of popular government is
the great objective
Two ways = either the existence of the same passion or interest in a majority at the
same time must be prevented; or the majority having such coexistent passion or interest
must be rendered by their number and local situation unable to concert and carry into
effect schemes of suppression
Conclusion = pure democracy can admit no cure for the mischiefs of faction = a
republic promises the cure
Differ in their delegation of government and greater number of citizens and greater
sphere of country over which the they extend
Republics:
Refine and enlarge the public views by passing them through the medium of a chosen
body of citizens; need to balance between the number of representatives (constitution
does it well by carrying out great interests at the national and smaller ones at the state
levels)
The smaller the society, the fewer the factions, thus more frequently will a majority
be found of the same party – same advantage that a republic has over democracy in
controlling the effects of faction is enjoyed by a large over small republic
Madison Number 37
Discusses the need for the constitution – persuading people to support it
Existing confederation and confederacies based on fallacious principles and can only
serve as a beacon of what not to be
Convention needed to combine stability and energy in government with liberty and
republican form
Energy important for security and execution of the law
Stability essential to national character, confidence of people, and chief to good civil
society
Issues between small and large states hard to compromise on
Two conclusions:
The convention must have enjoyed in a very singular degree an exemption from the
pestilential influence of party animosities (ie lots of compromise)
All the deputations composing the convention were either satisfactorily
accommodated by the final act or were induced to accede to it by a deep conviction of the
necessity of sacrificing private opinions and partial interests to the public good and by a
despair of seeing this necessity diminished by delays
Madison Number 39
It is evident that no other form of government besides republicanism would be
reconcilable with the genius of the American people, the fundamental principles of the
revolution, or the determination motivates capacity for self government
Distinctive character of republican form:
Gives examples = Netherlands, England, Venice = not satisfactory republics because
mixes aristocracy and monarchy also
Defined as a government which derives all its powers directly or indirectly from the
great body of people, and is administered by persons holding their offices during pleasure
for a limited period or during good behavior
Complaints that constitution is too republican, not confederal enough from opposition
Says there is still a lot of federal influence – constitution must be ratified by the
people of each state, thus being a federal act
Says must result from unanimous assent of the states (I think this was changed)
Argues senate is a federal not national entity
Federation – powers operate on the political bodies composing the confederacy in
their political capacities; in republic on the individuals composing the nation
Argues US not a national government in its extent of powers because its jurisdiction
extends to certain enumerated objects only and leaves to the several states a residuary and
inviolable sovereignty
Conclusion:
Constitution is neither wholly national or wholly federal; in requiring more than a
majority and in particular computing the proportion by states not by citizens it becomes
more federal; in rendering concurrences of less than the whole number of states sufficient
its more national
Madison Number 47
Discussing the failings of the Constitution of England
Legislative, executive and judiciary not separated fully; support for separation of
powers from Montesquieu
No entire department can exercise the powers of another department
Cites cases in which the legislative, executive and judiciary departments have not
been kept totally separate and distinct (such as New York, Maryland, etc.)
Conclusion
The charge brought against the constitution of violating the sacred maxim of free
government is warranted neither b the real meaning annexed to that maxim by its author,
nor by the sense in which it has been understood in America
Madison Number 48
Argues that unless departments be connected and blended as to give to each a
constitutional control over the others, the degree of separation which the maxim requires
can never in practice be duly maintained
Need security for each branch of government against invasion by other branches
Legislative tends to encroach the most = “elective despotism”
Examples of Virginia and Pennsylvania in failed separation and overly powerful
legislative branches
Conclusion:
Mere demarcation of constitutional limits isn’t enough to guard against
encroachments which lead to tyrannical concentration of all powers of government in
same hands
Madison Number 51
Discusses the merits of checks and balances – “ambition must be made to counteract
ambition”
Argues that there is a double security in dividing power first between state and
national government, then again between branch
Two methods of protecting the rights of the minority
Creating a will in the community independent of the majority; comprehending in the
society so many separate descriptions of citizens as will render an unjust combination of
a majority of the whole very improbable
First method prevails in all governments with hereditary or self appointed authority
Second method exemplified in US
Implies about human nature – ambitious, must be checked not just through conscious
but in physical terms
Hamilton Number 70
Energy in the executive is a leading character of good government
Essential to protection against foreign attacks, administration of laws, protection of
property, security of liberty, and anarchy
Argues against plurality in the executive – strengths are unity, duration, competent
powers and adequate provision for its support
Danger of difference of opinion = impede execution, aide factioning
In legislative branch, disunity serves to check excesses of majority; no same
advantages in executive
Plurality in executive tends to conceal faults and destroy responsibility (to censure
and to punishment)
Argues against the idea of a council to the executive since the supreme executive is
already accountable
Hamilton Number 78
Examines the judiciary department
Judiciary is the weakest of the branches
In saying that the constitution trumps legislative law in variance, does not imply that
the judicial is superior to the legislative power
Importance of independence of the judges
Has neither force or will
Conclusion:
In discussing the tenure of judiciaries, it is wise to use good behavior as a point of
duration
 The Constitution
Preamble = “we the people”
Articles 1-7
Article 1: Legislative branch
Sections 1-10: vested powers, house of representatives, senate, elections, rules,
compensation, pass bill, scope, limits, limits of states
Article 2: Executive branch
Sections 1-4: Elections and rules, president power, state of the union and
ambassadors, impeachment
Article 3: Judiciary branch
Sections 1-3: powers vested, scope, treason
Article 4: the states
Sections 1-4: full faith and credit, privileges and immunities, admission of new states,
guarantees to states
Article 5: amendment process
Article 6: legal status of constitution; supremacy
Article 7: ratification
Amendments = 27
1-10 = Bill of Rights
Freedom of speech, bear arms, quartered troops, search and seizure, due process,
criminal suits, common suits, cruel and unusual punishment, non-enumerated rights,
rights reserved to states
Number 11 = suits against a state
Number 12 = election of president and vice president
Civil Rights Amendments 13-15
Slavery, citizenship and voting rights, rights not to be denied on account of race
Number 16 = income tax
Number 17 = election of senators
Number 18 = prohibition
Number 19 = women’s vote
Number 20 = presidential term starts in January
Number 21 = repeal prohibition
Number 22 = presidential term limits
Number 23-27
DC, poll tax, presidential succession, voting age, compensation to congress
Week 3: Sept 17-22
 Marbury v. Madison 1803
William Marbury versus James Madison; headed by chief justice John Marshall
Three questions
Does the applicant have right to commission? If yes, do the laws afford him remedy;
if yes can the court issue a writ of mandamus
Question one
Ruled that yes he is entitled to omission because of an act of Congress in 1801
concerning justices of the peace
Commission signed by John Adams and stamped by US; never made it to Marbury;
Court decides that according to the second section of the 2d article of the Constitution,
Marbury was appointed and this is non-revocable; thus it is violative of the law to
withhold commission
Question two
Conclude that he had legal title to office, had right to commission and country law
afford him remedy
Question three
Said that clear case for mandamus, but could the supreme court issue it; constitution
says a writ of mandamus used in cases warranted by principles and usages of law to any
courts appointed, or persons holding office under authority of US = original jurisdiction
in cases affecting ambassadors, public ministers, consuls, and state parties; in others has
appellate jurisdiction
Can only issue writ of mandamus in original jurisdiction;
Thus court decides it doesn’t have authority to issue writ of mandamus
Strikes down legislation from 1789
Important quote = it is emphatically the province and duty of the judicial department
to say what the law is = established judicial review
 McCulloch v. Maryland 1819
John James sued on behalf of himself and Maryland – sued McCulloch
Congress passed an act on 10 April 1816 that incorporates Bank of the United States
– a federal bank; On 11 February 1818 Maryland imposed a tax on banks; Bank of US in
operation in Baltimore since 1817 without authority of Maryland – not given permission
James McCulloch – a cashier of Baltimore branch
Question is whether act of general assembly of Maryland to tax bank is
constitutional? Decide that it is not
Supremacy of national government, notion of implied powers, using necessary and
proper clause
 Youngstown Sheet and Tube v. Sawyer 1952 = the Steel Case
During Korean war; Truman issued executive order directing secretary of Commerce
Charles Sawyer to seize and operate most of the nations steel mills in order to avert
expected effects of strike
Was this within the constitutional powers of the president?
Decided that no congressional statute to support this; president power to see that laws
are faithfully executed refutes idea that he is to be a lawmaker = order to seize not based
on statue but on general powers of president
 New York Times v. US 1971 = the Pentagon Papers Case
Nixon administration attempt to prevent NY times and Washington post from
publishing materials belonging to classified defense department study of US involvement
in Vietnam
President said prior restraint necessary to protect national security
Question = does it violate the first amendment?
Decided that it violates 1st amendment; argued vague word ‘security’ should not be
used to abrogate fundamental law
Suspension clause
 US v. Nixon 1974
In middle of Watergate, to do with tapes
Grand jury indicted seven aides of Nixon; defendants sought audio tapes – Nixon
asserted that he was immune from subpoena claiming executive privilege = ie right to
withhold
Question – is president right to safeguard info using executive privilege
confidentiality power entirely immune from judicial review?
Decide no, doctrine of separation of powers, nor generalized need for confidentiality
can sustain president privilege
Nixon must obey subpoena
 Boumediene v. Bush 2008
Writ of habeas corpus submitted by Lakhdar Boumediene of Bosnia/Herzegovina =
held at Guantanamo
Court ruled that US has de facto sovereignty over US naval basis, and thus over
Guantanamo, therefore constitution protections apply
Ordered free in 2008
Week 4: Sept 24-Oct 1
 Dahl Ch 1
Madisonian Theory of Democracy = refers to an effort to bring off a compromise
between power of majorities and the power of minorities, between political equality and
limited sovereignty
Compromise democracy
Three qualifications about Madison
Much of what he set forth was widely shared by other political leaders of the time;
even Madison did not always articulate his assumptions; Madison not a political theorist
but was speaking for his own time
Central propositions of Madisonian Theory
Hypothesis 1: Without external checks, any given individual or group of individuals
will tyrannize over others
External check = a reward or penalty applied by another source; tyranny = severe
deprivation of natural right (lack of specification of natural rights or severe deprivation)
Hypothesis 2: The accumulation of all powers in the same hands implies the
elimination of external checks (and thus implies tyranny)
Hypothesis 3 & 4: If unrestrained by external checks, minority of individuals will
tyrannize majority or vice versa
Madison and others show fear of majority, less so of minority (not afraid of strong
executive, but of legislature)
Methods of testing hypothesis = historical experience and psychological axioms
Madisonian axiom = goal is a non-tyrannical republic
Implied since – natural rights ought to be attained, attainment of natural rights is nontyranny, a republic is a necessary but not sufficient condition for non-tyranny (last point
disputed)
Hypothesis 5 = at least two conditions are necessary for the existence of a nontyrannical republic = accumulation of powers in same hands must be avoided; factions
must be controlled
It is not a given that accumulation of powers will lead to tyranny; ambiguous
Second condition = proved necessary by hypothesis 1; but how to control? Cant limit
their causes (differences),
Hypothesis 6 = frequent popular elections will not provide an external check
sufficient to prevent tyranny
If this is false, then no reason to have separation of powers; Madison validates this by
using Hyp. 2 but this is ambiguous and not necessarily true also
Federalist 49 = specific arguments that frequent appeals would indicate defects in
government and weaken stability; that public tranquility would be dangerously disturbed
by interesting public passions too strongly; that being few in number, embers of the
executive and judiciary can be known only to a small part of the electorate; all lead to
unequal contest for power; all this saying that voting would increasingly put power in
hands of legislative – doesn’t establish first condition validity
Hypothesis 7 = if factions are to be controlled and tyranny to be avoided, must control
effect of factions
Hypothesis 8 = if a faction is less than a majority, can be controlled through operation
of the republican principle of voting
Hypothesis 9 = the development of majority faction ban be limited if the electorate is
numerous, extended and diverse in interests
Hypothesis 10 = to the extent that the electorate is numerous and diverse, a majority
faction is less likely to exist and if it does, it is less likely to act as a unity
Hypoth 1 in more detail:
It implies = control over others by means of government processes is a highly valued
goal; it is impossible to create a self restraint sufficient to inhibit impulses of tyranny
among leaders; the range of sympathetic identification of one individual to another is too
narrow to eliminate impulse to tyranny
 Frisch and Stevens: page 69-88
Founding Fathers are predominately understood as being quasi or even antidemocrats; idea that they got rid of the democracy in the Declaration of Independence
when they adopted the Constitution
Not to be undone again until the breakthroughs of Jackson and Jefferson
Basic view of founders: popular government was the genus, and democracy and
republic were two species of that genus of govt
Popular government – derives political authority from society
Democracy and republic mean different things to the founders – but both are forms of
popular government to them; the difference between them is not related to the essential
principle of popular govt
Democracy refers to the form of government where the citizens assemble and
administer the government in person
Republics differ in that people rule through representatives
Founders – faithful to principle of popular government, while solved problem of it
Declaration of Independence vs Constitution
Constitution thought to be characterized by fear of the people, preoccupation with
minority rights and measures against the power of majorities
Declaration = has two criteria for judging any government good and legitimate
Is good procedurally if rests upon consent of governed; is good substantively if it
secures certain rights
There is tension here = that the people should judge rightly is the substantive problem
of democracy – will procedure bring about substance?
A republican remedy
Features considered undemocratic:
Amending process = requires a qualified majority (so minority can block)
Suffrage question = framers did not try to prevent expansion, it was left to the states
Senate = author holds that framers found a way to protect property without
representing it; other legislations balanced democratic and aristocratic = framers didn’t
want this
 Hartz page 3-32 = The Concept of a Liberal Society
View = since American community reacted against the existence of feudal and
clerical oppression, American community is liberal
Talks about the separation of American and European politics
America = lacked a feudal tradition – also lacked a socialist tradition
No frustrated middle class, but a frustrated aristocracy
The south under Jim Crowe was closest to Old World Europe
Lockian doctrine symbol of rationalism, but in America the devotion to it has been so
irrational = really is liberalism
America’s moral unity = liberalism
Tyranny of opinion = danger of unanimity
Irrational lockianism = Americanism
Liberal society lacking feudalism, and therefore socialism, governed by irrational
Lockianism = domestic struggles in such a society are all projected within the setting of
liberal alignments
Irrational liberalism – American nationalism
American Hamiltonianism = Whiggery
Right = big propertied liberalism in Europe, whigs
Left = petit-bourgeois
Speedy victory of manhood suffrage in America was dictated by frustration of elitist
whiggery in a liberal context
Beard = emphasize conflict in American history = progressive versus reactive
(conservative)
Hartz = argues America has liberal tradition due to lack of feudalism and irrational
acceptance of Locke as national system
Point = all within liberal spectrum, so progressive and conservative within same
block, not conflict history of Beard
 Lipset, A.E Ch 1-2 = American Exceptionalism
America founded on a creed = liberty, egalitarianism, individualism, populism, and
laissez-faire
Being an American is an ideological commitment; possible to be un-American
Conservatism in Europe and Canada = derived from alliance of Church and
Government; connected to welfare state; represent rural and aristocratic values
Liberalism in Europe and Canada = a deeply anti-statist doctrine emphasizing the
virtues of laissez-faire (in America = conservatism)
Idea that Americans aren’t really conservatives in the European “Tory” sense
American conservatives are old fashioned liberals
 Davis page 316-345, 444-471 = Rise of the Positive State
Progressives
Accept large business but not some of its consequences, believe in progress, support
government intervention
New version of liberalism emerged during the Great Depression
Talks about women rights to vote = from equality to expediency
Talks about John Dewey’s ideology =
No fixed and abstract theories because of change; old liberal individualism was out of
harmony with prevailing social conditions and was obstructing badly needed reforms;
laissez faire was one element of the old liberalism that needed to be discarded
Week 5: Oct 6-13
 Wilson Ch 3
NOTES SOMEWHERE – chapter on federalism
 Cigler Ch 2
Federalist #39
McCulloch v Maryland
Walters & Kettl = Katrina Breakdown
Federalism complex, hard during catastrophe
Fed government increasing role in disaster response = starting with Hoover during
Mississippi flood
FEMA 1988 under Carter
New Orleans = relied on faith based community to evacuate city; no plan B
Issue of when to use military = Bush support
Funding and control overlap
Robert Gordon = No Child Left Behind
NCLB 2001
Value dimension = standards should differ from state to state based on individual
preferences, but whose preferences would support worse educational standards?
Practical dimension = states are defining proficiency down, biggest fear that fed will
blow it; big waste 500 million on bad standards
No contradiction between a nationally set goal and community implementation
Issue of communication of performance; cant compare state to state
Argues need for national test and overall standards convergence
 Peele Ch 6 – Changing Federal System
Increased salience of federalism as an issue:
Public disillusionment with DC; Republican success at the state level, Republican
takeover of Congress in 1994, conservative revolution
Dual federalism, cooperative federalism
Pattern of federalism sensitive to shifts in socioeconomic variables
Belated recognition of economic and political realities of the New Deal gradually led
the Supreme Court to abandon its adherence to notions of dual federalism
States = weaker in some areas because of institutional capacity, professionalization,
and revenue bases of states
Devolution and deregulation are at odds = deregulation involved enactment of
statutes that preempted state authority to regulate various industries
Support for national leadership in policy areas such as economic policy, civil rights,
environmental protection
US versus Lopez (1995) = supreme court said federal government overstepped
boundaries with Gun Law; Rehnquist court
 Brinkley Ch 15
Federalism not a question of rights or inviolable principles but of practical questions
= what allocation of power between the two best serves ends
Federalist 51 by Madison = division of power between two levels of government
provide more security for rights of people
Federal government better at providing public goods, stops race to the bottom,
collects revenue and redistribution
Federalist Hamilton 25 = federal government and national defense
Federalist Madison 45 = federal powers are few and defined, states are numerous and
indefinite
States cannot = coin money, grant titles of nobility, conclude treaties, pass bills of
attainder, ex post facto laws or laws impairing contract, or violate individual rights
Federal government = can only set a floor, are confronted by powerful lobby forces;
federalism is rooted in a long tradition
Federal power has served as a crucial check on local factionalism
System is self correction due to state politics and supreme court
PART II READINGS!!!!
PART II
THE ELECTORAL SYSTEM AND VOTING BEHAVIOR
October 15-29: The Electoral System and Voting Behaviour
Wilson, Ch. 10. Elections and Campaigns
 Elections = weaker party, more money, more media, less mystery (polls)
 Polls = Patrick Cassel under Carter
 Congress = low turnout, service to constituents, avoid responsibility = high rates of
reelection
 Individuals con only give 2,000 in each election
 PACs = set up by corporations, unions, interest groups that raises/spends campaign
money
 Congressional districts = malapportionment (unequal populations) and
gerrymandering
Sophomore surge
 Position issues – public divided and candidates adopt different views
 Valence issues = public united, candidates adopt similar positions to best represent
the people (ex. Crime)
 Independent expenditure – spending by PACs, etc done to help candidate but
independent of them; and soft money = funds spent on party activities but not on
behalf of the candidate = both avoid laws
 Bipartisan Campaign Finance Reform Act 2002
Banned soft money from corps and unions, restricts independent expenditure – repealed
now
 527 organizations = under section 527 of Internal Revenue Code
 Prospective voting = voting because you favour candidates views/ideas for future
 Retrospective voting = voting because you like past actions
Cigler, Ch. 7
 Change in campaign politics = social changes like rise of education levels; reforms
in political parties; new technology
 Mayer = Race for Nomination
Nomination process = final decision made by national conventions; national parties
regulate how delegates are picked (Democrats more); delegates elected by caucuses or
primaries; primaries/caucuses open to participants; timing of primary/caucuses wide in
range
Criticisms = too much power for ordinary voters versus parties; tried to remedy this in
1984 with superdelegates but not enough; too long and expensive; too much power to
Iowa/New Hampshire which leads to frontloading that lessens voter info and turnout
Remedies =
National primaries = simple and straightforward; states equally represented; advantage
to rich, well-known, frontrunners; ex. Minority candidate could win with only 25% of vote
Regional primaries = easier/more efficient; tailored to region; disadvantages less well
known; influence of region going first
Conclusion = incremental changes – dates later, contributions limited, more
superdelegates
 McConnell versus Federal Election Committee 2003
By Justices Stevens and O’Connor
Argue there is evidence that soft money gives rise to corruption by creating a quid quo
pro situation
Dissent = Scalia
First amendment, right to criticize government, argues that favours are the nature of
politics
Dissent = Kennedy
Corruption defined too broadly
 Mark: Attack Ads Good For You
Opinion that negative ads suppress voter turnout
Negative ads more substantive usually; more partisan/tough electioneering can bring in
more votes
Voters have right to information
Several cases = financial background, living in the state, etc.
Ornstein and Mann, R: Ch. 3 and 7
 (Bowman – Polling)
Technological changes in polling; continuities in American concerns and general
questions asked in polling
Media-polling partnership
Roosevelt liked polls – never changed end goals though, just used polls to try to win
support
Truman disliked polls because predicted his loss
Kennedy, Johnson, and Nixon = developed public opinion apparatus as institutional
component of presidency
Blurred line between campaigning and governing
Polls that advance the campaign calendar trivialize the context
Large product of media-polling partnership
 (Loomis – Campaign without elections)
Permanent campaigns differ in and out of electoral arena in one major way – try to
influence electoral outcome, but rarely try to influence mass opinion
ex. Health Insurance Industry Association and Clinton 93-94 health care
Thesis = issue based initiatives and politicing make up the core of permanent campaigns
(1) Winner takes all economics = congress, executive, bureaucracy more in charge of
distribution as regulation tool
(2) Glut of info = information precludes argument idea
(3) Dominance of narratives = structuring info, aimed more at elites
(4) Scope of conflict = broadening conflict helps perspective losers
Economics of lobbying = largely a negative calculation (ie taxes avoided), the stakes are
usually extremely high
Have high hopes/low expectations; no accountability in way money is spent; Info also
reflects basis for interest group influence
Volume and sources of info in policy making = hyperdemocracy and hyperpolitics
(terms by Heclo) = almost ever interests has a voice and some kind of claim on public
policymaking
Consistency of communication and number of interests with claims
Competition among narratives
Competing causal stories that imply different policy choices
Narratives that socialize or privatize the scope of conflict
As scope widens, narratives become less complex, focus on symbolic/metaphors
Quadrant of narrative/interests/scope
(1) Symbolic politics = broad scope, few interests/individual affected
(2) Niche politics = narrow scope, few affected
(3) Policy community politics = narrow scope, many interests and individuals
(4) Public confrontation politics = broad scope and many interests
One and Four have large audiences
Three largest interest groups concentrations =
Financials services-insurance-real estate sector
Communications-electronics sector
Health sector
Conclusion =
Organized interests often campaign more on issues than on electoral politics
Permanent campaign tactics and funding of interest groups contribute to decline in
congressional deliberation
Permanent campaigns on issues favour those with most resources
Fiorina, R: Ch. 3, 6.
 A state is a large aggregate or gross unit of comparison – red and blue state division
is not really accurate – most take division too seriously
 DiMaggio et al = study different areas of potential polarization between 1972 and
1994 = Found that convergence on age, education, race, religion, region, no change
in gender, and ideology (except abortion) = polarization on party ID
 Partisan polarization not popular polarization!
In part due to realignment of the south
 Pattern of polarization on the top = the elites
 Main point = lack of polarization in policy preference of Americans
Caveat possibly individual voters polarization – relatively high polarization but dips in
2000 so thesis doesn’t hold
 Explaining polarized choices
Answer is candidates have polarized
 Shift in electoral cleavages
Religious cleavage = president votes and party ID more correlated with religiosity
No decline in economic cleavage, increased
POLITICAL CULTURE AND PUBLIC OPINION
November 3-5: Political Culture and Public Opinion
Wilson, Ch. 4: Political Culture
 Political culture = distinctive/patterned way of thinking about how political and
economic life ought to work
 Five elements in American political system
Liberty, equality, democracy, civic duty, individual responsibility
 Civic duty – a belief that one has an obligation to participate in civic/political affairs
 Civic competence = a belief that one can affect government policies
 Culture clash = Hunter – Orthodox versus progressive (morals versus personal
freedom)
 Political efficacy (internal and external)
Wilson Ch. 7: Public Opinion
 Opinion saliency versus opinion stability
 Political socialization – process by which background influences views
 Gender gap = different in party and issues that matter
 Elites = frame and raise issues, establish norms of issue settlement
 Public opinion = many publics and uninformed/unstable/changing opinion
Cigler, Ch. 4.
 Public opinion = issue of distinction between public and private opinion
 Polls = make government more responsible by making politicians aware of citizens
wishes; some argue that polls inhibit responsible government by making politicians
respond to ill informed public wishes
 Larry Bartels – Is Popular Rule Possible
The fluidity and contingency of attitudes make it impossible to discern meaningful
public preferences on issues of public policy
Issue of framing effects = different way of posing a question produces different
responses = issues of ordering and wording
Argues that citizens have attitudes rather than preferences; conventional view of
democracy as dictated by popular preference sis unrealistic – public opinion
Issue for the democratic theory – which rests on assumption that people have definite
policy preferences
As long as we continue to evaluate democracy in terms of the correspondence between
citizens preferences and policy outcomes, issue
Attitude expressions are context-dependent
Popular rule better thought of as popular veto
 Michael Traugott – Can We Trust the Polls
More and more polls (technology, lower costs, etc.), journalists not trained to know what
is good/bad poll, enter media and become “fact”
Declining response rates; doesn’t mean that accuracy is declining though
Emerging technology – issues of digital divides, etc.
 Mueller: The Iraq Syndrome
Iraq syndrome = public is developing an aversion to US involvement in future military
endeavours abroad
Lower tolerance for Iraq casualties than before
Some argue that Americans are defeat phobic not casualty phobic
Anticipated results = decline in Bush Doctrine; more multilateral inclination
Lipset, A.E., R: Ch.3, 6
Chapter 3: socialism and unionism in the US and Canada
Lack of socialism embarrassment to Marxistsà Defies statement that class struggle is
inevitable, especially since it's the world's most advanced industrial system.
Marxist thinking, More affluent country; Growth and presence of available land;
Meritocracy; Americans believe they can get ahead
Belief in importance of education to ensure equality of opportunity (American Creed)
Societal Variables
Absence of feudal societyà absence of political cleavages along class lines
Viewed as a egalitarian society... no need for change
Opposition to strong collectivist state
Steady rise in standard of living
Decrease standard of living among minority groups, less politically active
Opportunities for upward mobility
Large mobility among working class, forestalls class consciousness
Large immigrationà often switching of SES
Political factors
Franchise predated suffrage
Two-party system: adopt wide-spread grievances
Repression
Comparative social structure
Americanism has coopted socialism
Comparing Canada and the US
Unionism and socialist parties (NDP) much more viable in Canada, and union decline
only started in the 80s in Canada, as opposed to the 50s in the US. Why?
Socialism and Statism in North America
Third parties or independents never received more than 20% of vote in 20th century in US
(as opposed to Canadian situation).
Why?
At foundation, Torys moved North and Yankees moved southà different founding
peoples è Revolutionary v. Counter revolutionary
Religious differences Anglican/Catholicà Communitarian v. Protestant denominationsà
individualistic
Result: state interventionism v. laissez-faire economics/social programs v. nothing/unions
v. no unions
Prosperity in post-war era has lead to return to laissez-faire beliefs in US. Why haven't
there been equal changes in Canadian labour density?
Canadian laws favour the growth of unions, as opposed to American laws. However,
need for anti-labour efforts has diminished in US, due to the decrease in union forming
efforts. Americans also believe that Unions are less beneficial and are less inclined to join
one. Based on political tradition which emphasizes cooperation and collectivism, absent
in the US
Conclusion: Political exceptionalism (lack of socialism) = weak trade unions (or trade
union exceptionalism)
-US fosters invidual competitiveness over class-consciousness
Chapter 6: American Intellectuals--Mostly on the Left, Some Politically Incorrect
American intellectuals: centres of opposition, part of adversary culture.
Before WW2, intellectuals, professors... were disproportionately secular and leftist
(especially with role of Great Depression). In polls, most prestigious faculty are often
most radical politically. Moreover, are liberal to an inverse and much greater degree than
rest of population (tends to be more conservative)
Politicization and quiescence: the 60s, 70s and 80s
CR and anti-war movements began often on university campusesà politicization of
campuses (leading to ostracization of conservative academics). After Vietnam was
stopped and CR demonstrations endedà quiescence and conservative rise on campus
(although limited), but rebounded by end of the 80s.
New faculty liberalism is not oriented towards protests
Difference between faculties (guess...)
Marxism is still widely defended by scholars...
Sort of distinguishing feature from the rest of society
Conflicts within the Left
Conflict between Stalinism and socialism before the war, some anti-communist leftists
supported persecution of Stalinists under McCarthyism. Vietnam sparked new division
over communism: students of New Left were anti-anti-communists, behind mass rallies
and socialists split, on the left supporting anti-war and on the right forming Social
Democrats USA, supporting the war. Divisions reflected within Democratic Partyà left
divided.
Labeling and the emergence of neo-conservatism
Formation of neo-conservatives from rightist social democrats in the 70s. New
intellectual allies for the Right. Greatest agreement with the right on hard-line foreign
policy, but also favourable to welfare state (Hubert Humphrey). Nixon started wooing,
than Reagan did best job (carter rejected by neocons for being soft on foreign policy).
Reagan's appointments were all in foreign policy, education, intellectual fields... never on
treasury or other matters affect by welfare notions (opposed to neocons), liberal in most
domestic policy issues except for quotas (support meritocratic notion of democracy or
bobos anne). Moreover most neocons are democrats.
The Meaning of neoconservatism
“A socialist in economics, a liberal in politics and a conservative in culture.” (Bell) but
no clear ideology, -ism used to classify mainly. Wide misuse to describe classic
resurgence in conservatism (thatcher, Reagan...)
Emergence of political correctness
Students are reacting strongly to non-accepted political beliefsà kissinger boycotted,
conservatives not promoted... new mccarthyism for the right.
Conservative groups are most likely to face harassment on campuses (think pro-life
mcgill)
Faculty selection increasingly based on non-scholarly, but political views
Conclusion: political correctness is related to American Creedà country is characterized
with certain features, defining deviants as “un-American”à intent on absolute standards
Fiorina, R: Ch. 7.
 Micro-Macro
Growing polarization of political class (elites) – only here does a culture war exist
Religion and party ID affiliation maybe because parties reposit themselves with religion
Distributional change = variation in distribution of voter attitude from election to
election (ex. Candidate positions are close)
Behavioural change = change in relative importance of issues (ex. Race)
Change in candidate positions also important
Candidate change can produce the appearance of voter change!
Dulio, R: pp. 50-62.
 American dream – tenets of achieving success
 Three ways of success = (1) absolute; (2) relative – different measurements; (3)
competitive – achieving victory where someone else loses – zero sum
 Who = everyone
 What to pursue = anticipate success
 How to pursue = belief reward for acts, equality of opportunity, hard work
 Why = success is associated with virtue
 American dream very elastic = adopt soft/hard versions for different circumstances
 Tenets =
Everyone can participate equally and always start over – not true – cant shed past self;
varying advantages, racist-sexist
Second tenet – anticipation of success – due to link between anticipation and
expectation; issue that resources/opportunities are limited
As resources/opportunity get tighter – Americans shift understanding from absolute to
relative to comparative
Tunnel effect
Third tenet – belief that success results from actions/traits under one’s control
Fourth – success associate with virtue
 Flaws with American dream – individualism
POLITICAL PARTICIPATION AND CIVIC ENGAGEMENT
November 10: Political Participation and Civic Engagement
Wilson, Ch. 8: Political Participation
 Literacy tests, poll taxes, grandfather clause, white primaries
 In 1965 = Voting Rights Act; in 1971 the 26th Amendment
 Australian ballot = government printed uniform ballot adopted in 1890
 Progressive reforms (resident requirement, education) = reduced fraud and voting
turnout
 Voting age population (VAP) and Voting eligible population (VEP)
 Verba and Nie = Six types of participation
Completely inactive, completely active, voting specialists, campaigners, communalists,
parochial participants
 Disparity in voting with world = party strength, automatic registration, compulsory
voting; Age, sex, party organization, registration and views on significance \
 More offices to vote for!
Cigler, Ch. 5: Civic Participation
 Decline in voter turnout since 1960
Reising education, increasing prominent issues, removal of voter barriers; amount of
information via media, cost of campaigns, trend of distrust
Video malaise
Demographics = baby boomers + enfranchisement of 18 year olds
 Sifry: Finding Lost Voters
Point = alienating from parties why low voting; not apathy; just not happy with choices;
believes populist/progressive candidates would do better – potential versus likely voters
Discouraged voters
Trends towards independence
Non voters aren’t all apathetic, and tend to lean towards liberalism
Legal//procedural barriers and demobilization of voters
Examples of Jesse Jackson, Ventura, Sanders and Wellstone
 Schudson: Voting Rites: New Concept of Citizenship
New concept of citizenship needed; citizenship as biproduct of rewards of social
involvement; want to participate in social interaction; need to foster this type of
environment, versus individualistic
Real failure of electoral participation is not individual but contemporary concept of how
democratic citizenship should work
Need concept of citizenship that asks something from us, but is not burdened with
impossible expectations – too many offices, elections, etc.
Progressive model = current expectation of citizenship, more educated
privatized/cognitive; less fun; requires attention and knowledge; impractical
We take citizenship to be a function of the individual – a classical model asks people to
seek good for public
Three sets of trustees = politicians, lobbyists and journalists
Need more expansive definition of citizenship =- actively taking unpayed/uncoerced
responsibility for community
Burden of progressivism
 Putnam: Bowling Alone: Declining Social Capital
Civic engagement – associational connections to communities; experience in a wide
array of civic engagement activities = social capital
Social capital = features of social organization such as norms that facilitate
coordination/cooperation for mutual benefit
Decline of civic engagement = church, volunteer, bowling leagues = typical secondary
associations
New tertiary associations = in terms of social connectedness (ex. AARP, Sierra club)
Also growth of support groups – AA, bookclubs, etc.
Why?
More women in workforce, less time, but not only answer because men decline too
Mobility = re-potting hypothesis; reduced social rootedness, but issue of increase during
1950s
Demographic transformations = various changes like more divorce, fewer kids, etc.
Technological changes = transform leisure
 Keeter: Politics and Dotnet Generation
Dotnet = between 1977-1987
Youth tend to be politically disengaged, but involved in interesting ways – display
buttons, etc. also volunteer a lot
Stereotypes of disengaged youth not fully accurate
Putnam, R: Ch. 2-3.
 US low voting rate, but good politics participate otherwise – but doesn’t compare
favourably to US past – turnout decline by roughly ¼ over ast 36 years
Hurdle of registration
Disenfranchisement in south – artificially depressed national average
Influx of new voters masked decline of general electorate
 Some explanations = distrust of government, declining party mobility, fraying social
bonds – long run decline due to gradual replacement of voters due to generational
changes
 Social change = two combined factors; (1) individuals change tastes/habits in a
single directions simultaneously – “intracohort” because change detectable in age
groups; (2) slower change, generations have different tastes/habits, so with
birth/death society transforms = “intercohort” because change detectable only across
age groups
 Net decline in voting not really due to individual change, but to generational change
Baby boomers and their kids – less likely to vote than their parents
Better educated today – but civic knowledge stays level with past
 Intergenerational differences in political knowledge and interests
 Today generation gap is recent development
 Voting down ¼; interest down 1/5 sense of commitment to own team – fallen from
75% to 65% in 90s
 Organization health versus organizational decay (voting decline)
One reason = more voter contact, less voter volunteer; trend of PACs and direct mail
fundraising
Financial capital (mass marketing) has replaced social capital (grassroots network)
Good if think of politics as an industry, bad if think democratically
 Party organization as strong today – becomes bigger, richer, more profitable
 Correlation between civic and political participation; concept of social capital;
decreasing voter turnout – generational change
 Civic involvement = frequency of almost every form of community involvement
declined significantly (Roper)
Civic involvement, partisan, electoral participation all down
Every % point represents about 2 million people
 Across all fields decline appears to accelerate after 1985
Most decline in fields working with others – organizations, clubs, rallies
Slower decline in individual things – writing letters, petition
Cooperative versus expressive
Political system needs to counterpoise articulating grievances and resolving them
Cooperation falling more rapidly than expressive may have encouraged the single issue
blare and declining civility of contemporary political discourse
Trends of decline consistent among all demographics
Absolute trends – decline greats among better educated
 Civic Participation:
Americans more likely to be involved in voluntary associations than most countries;
three types = community based, church based, work based
(1) Community Based: social, civic, leisure – increase in sheer numbers of associations
in the last three decades (numbers per capita up 2/3) – some talk of “participation
revolution” – connected to number of interest groups
Few members – median membership – 1,000 in 1988 versus 10,000 in 62
New/growing association now not located where members are but in DC (ex. AARP) –
and focus on policy view not connect people
Citizen involvement with groups and government down while group involvement with
government up
Secondary associations class but now new tertiary associations
Veterans and environmental organizations grew most
Direct association organizations = plateau in 1957, peak early 60s and decline ‘69
PTA decline in 1960s; desegregation, different organizations
Membership in individual organzations not good general measure because wax/wane for
different reasons; card carrying membership may mean nothing
Still a nation of joiners, but not if joiner means more than nominal affiliation
 Conclusion = rose first 2/3 of century (minus Great Depression), now only mailing
lists rise (tertiary)
Dulio, R: 110-118.
 Equal citizenship; main point is that even though basic citizen rights have been
extended to all these groups in the last century the idea of equal citizenship is under
threat because of economic inequality; idea of socialization
Affluent more involved, contribute more to campaigns, contact officials more, more
involved in protesting
 Thesis = democracy/equality stalled – no equal voice across income, raec, gender
Main issue – growing concentration of country’s wealth-income
 Society more integrated along some lines (race, etc.); growing gaps with money
 Growing rift not just rich poor but also privileged professionals-owners and middle
class white-blue collar
 Government increasingly responsive to privileged – leads to cynicism and
withdrawal
 Voting – 1/3 eligible during mid terms congress and ½ in presidential
Less privileged often discouraged from voting; former criminals cant vote, selective
outreach of parties – in sum, less privileged lack skills, motivation, networks acquired
through education and occupation
Interest groups for well off dominate
Those active in politics usually more extreme
POLITICAL PARTIES
November 12-16: Political Parties
Wilson, Ch. 9: Political Parties
 Three roles of importance: as a label, as an organization and as a set of leaders

Organization weakened – one reason due to federalism; decentralized, local free
from national federal government; decides on primaries
 Four stages:
Creation (founding to 1820); two stable party system (Jackson to Civil War);
development of comprehensive organizations and appeal (Civil War to 1930s); party reform
(1930s)
 Jefferson = Republican in 1790s/ Hamilton = Federalists
 Jackson 1824; in 1831 end caucus, introduce party conventions
 Mugwumps/progressives = reformers in republican party in 1980s to 1910s
 Critical/realignment periods = major, lasting shifts in popular coalitions of parites
Five = 1800 (Republican beat Federalist), 1826 (Jakcson elected); 1860 (Whigs ended –
Republican elected); 1896 (Republican beat Jennings); 1932
 Office Bloc ballot (or Massachusetts) versus party column ballot (Indiana)
 National convention, national committee, congress campaign committee
Cigler, Ch. 6: Parties
 Realignments in history = major in 1932, none in 1970s – many claim system is
undergoing dealignment away from both parties
 Decline of parties = electoral reforms in 1968, campaigning/financing
Money politics, high technology, mass media
 Aldrich: Importance of Political Parties
Parties reduce uncertainty and offer resources for politicians, regulate access to office,
mobilize electorate, advance careers or officials, help structure decision making in
government
Parties essential to politicians and mass public since system is complex and fragmented
Partisanship decline among voters; but party organization is stronger than before = better
financed, more professional
 Beck: Two Electorates: Changing Party Coalition 1952-2000
Sixty percent of electorate is highly partisan; forty percent is non partisan
Secular realignment = change in composition of party coalitions
Confluence of realignment and dealignment = two electorates result
One electorate is partisan and ideologically polarized; since 1950s
Second electorate is non partisan and independent; focus on short term factors
Two changes = dealignment of loyalty especially among democrats; then reshuffling of
coalitions and growth of republicans
GOP = democratic party decay; better turnout, solid south disappear – versus
realignment
Post 1964 = democratic party decay = political tensions in makeup of south whites and
liberal north
New deal politics organized around economic and social class – shift to social/moral
South – race issue, movement north-south; bigger middle class
In 1960s = black votes in south
Catholics and Labor unions = core democratic party in 1930s; still both democratic but
smaller margin
Catholics turned republican in 1980s; unions more dealign
Women = dealign from both, but less from democrats
Protestant evangelicals = more republican because courted by them
Overall dealignment – 1964-1974
Not as big/total realignment because 40 percent didn’t join and because republicans still
not ascendant party of realignment
Conclusion = realignment has made more ideological, but dealignment stop ideological
parties from dominating
 Nivola: Thinking about Political Polarization
Polarization = religious factors, news media, congressional redistricting, united
government, electoral college, etc. = all contribute
Exogenous forces = historical circumstances, sectional realignment, party parity (very
close margin), role of religion, role of media, technology
Endogenous forces = congressional redistricting, dominance of primaries, electoral
college, new institutional norms, unified government
Remedies = focus on institutional reforms
Restraining gerrymandering, primary reorganization, voter participation, reassess
electoral college, revise congressional norms
Hacker, R: Ch. 4.
 GOP operatives called “New Power Brokers”
Dick Arney – never offend your base; first line of support, leading source of money,
ideology
 Gypsy moths of N.E. – socially liberal republicans; sometimes aligned with boll
weevil – centrists/conservative democrats from south
 Brokers and base – party leaders respond not to center of congress/American
opinion, but to interests of their base – hard right
 Race to the base = fuelled by growing role of parties in campaign finance and more
districts safe for one party, largest source due to increasing influence of the well
off/organized
 Decline of unions = biggest change of political representation of mid-low class
 Rising economic inequality = political inequality, hardened class divide between
parties bolstered GOP
 Between 1974 and 2004 south went from 2/3 democrat to 2/3 republican
Increase republicanism of the south – lead to increasing conservatism of GOP
Also more right wing republicans tend to replace other republicans
Also once in office republicans go to the right – “adaptation”
 Republicans and democrats polarized but at different rate, for different reasons
Dems grown more liberal, but mostly because lost conservative south
Republican leadership used to be drawn down middle and from Midwest/NE
Now super conservative and from south mostly
 Republican elite = agenda setting (selecting the issue) and recruitment
 Republican base – Christian right, small business, NRA, etc; then the elite interests
 Three lessons about the republicans dominance of selection in congress
Primaries matter = districts more preordained; why – because upheaval post south demrep split sorted out; some districts allow minority-majority voting; and third is
gerrymandering
Reelection rate of senators – 90%
Impact of primacy centered election – biggest impact is ideological extremism because
worry less about reaching out to swing voters, and more about pleasing mobilized partisan
voters – clear incentive to please the base; possibly primaries pull candidate 10 points
towards ideological poles
Base brawl – activist groups within GOP now play important role; they show up in large
numbers
Parties matter in a way they didn’t recently – one reason money, another because of
intercandidate giving
 Conclusion: GOp built foundation in South and among conservative groups;
augmented grassroots mobilization with a massive party-oriented fundraising
machine and energetic conservative policy network; had stepped up its monitoring
and enforcement of politicians = race to the base
INTEREST GROUPS
November 24-December 1:Interest Groups
Wilson, Ch. 11: Interest Groups
 Why IGs = society many cleavages, many access points, large nonprofit sector,
weakness of political parties
 Section 501 c (3) and (4) = nonprofits that can and cant lobby
 Rise of IGs = economic developments, government politics, organizational
entrepreneurs, more government activities (taking on health care)
 Public interest lobby = political organizations whose goals will benefit nonmembers
 IGs = tactics = info, public support, PACs/money
Cigler, Ch. 9: Interest Groups
 Madison: Federalist 10
 Birnbaum: Lobbyists – Why the Bad Rap?
Lobbying part of history – case in 1875 said immoral; seriously challenged under
Wilson; Congress began regulating in 1930s and 1940s; in 1946 Federal Regulation of
Lobby Act
An underclass in DC
 Skocpol: Associations without Members
Proliferation of groups – but centralized/professionalized and focused on lobbying
Transition from membership to advocacy
Causes:
Racial/gender change; shift in political opportunity structure; new techniques for
building organizations; US class relations
Model of civic effectiveness = not same, now patron grants, mass media, mailing
Growth of professional middle class
Civic world too oligarchic, privileges wealthy/professional. Encourages doing for rather
than with
 Drinkard – Drugmakers Sway Congress
Lowi, R: pp. 42-63

Decline of capitalist ideology in America took form of dialogue between private and
public view of society = dialogue between new liberalism and old liberalism
(conservatism)
Argument = whether expansion or contraction best produced public goods
New liberals = expansion of government to combat injustices; instruments of
government to induce social change
 By general rule the Right is conservative or reactionary while the left is liberal or
radical = these criteria came out of constitutional period; after 1937 the basis for the
liberal-conservative dialogue died; liberalism-conservatism as source of public
philosophy no longer made sense = criteria arising out of issue of expansion in the
first place became irrelevant
 Liberal-conservative debate has become almost purely ritualistic, because it is
irrelevant to reality; politics becomes a question of equity rather than morality
(adjustments first, rule of law last)
 In 1937 – principle of positive government established; old debate makes no sense
anymore; attitude toward government and attitude toward change should be
consistent with each other according to old divide, but in reality policies range the
continuum
Notes that it seems that government is most effective and most frequently employed
when something in society has been deemed worthy of preservation – opposite relationship
than theory suggests
Those that support government produced social change are seldom favorign policies that
would clearly effect any social change; conversely those who harangue against government
and social change frequently support policies that would give strong doses of both
 Examples
Taxes: liberal = steeply progressive income tax – its both governmental and effects
social change; system in place is only mildly progressive and instead works as a weapon for
fluidity among economic classes in society
Social security: in total, liberal only because they are governmental; otherwise quite
conservative because they are countercyclical in that they are automatic stabilizers that work
to maintain demand and existing economic relationships; second they techniques of social
and economic control – government role is paternalistic, making judgments on who
deserves assistance
Farm policy = liberals support high price controls despite the fact that this works to
restore or maintain pre 1914 agriculture; conservatives against this and want to revolutionize
agriculture
Private sector: competitive business should gain support by liberals because it promotes
change, innovation, etc. but both conservatives and liberals want to put restraints on the
most dynamic aspects of private sphere
 Old public debate outmoded because elites no longer disagree whether government
should be involved – still use debate as guidance and rationalization
 Paradox = expansion of public sector has been accompanied by expansion of distrust
in public objects; crisis of public authority
Argues that old justifications for expansion had too little to say beyond the need for
expansion itself; purpose, form and procedure are foreign to public discourse
New political formula only offers set of sentiments that elevate a particular view
New names of public philosophy: maybe corporatism, but too much connotation to
Catholicism and fascism; also syndicalism, but this is connotated to anarchy
Clinically accurate name = interest-group liberalism; liberalism because it is optimistic
about government, expects to use govt in good way for society; interest group because it
sees as both necessary and good a policy agenda that is accessible to all organized interests
and makes no independent judgements on their claims – defines public interests as
amalgamation of various claims
 Assumptions of the new philosophy:
(1) Organized interests are homogenous and easy to define
(2) Organized interests emerge in every secotr of our lives and adequately represent
most of those sectors
(3) The role of government is insuring access to the most effectively organized, and
ratifying agreements worked out by the competing leaders
 The most important difference between liberals and conservatives is to be found in
their interest groups they identify with; this has been elevated from hypothesis to
ideology of how system should work
 Interest group attractive because can be taken as popular rule in modern dress, dealt
with realities of power (since congress and president issues of power)
Also interest group liberalism helped flank the constitutional problems of federalism –
became synonymous with self government
Second, offer a justification for keeping major combatants part and for delegating their
conflict – transformed access and logrolling from necessary evil to greater good
Third = helps create the sense that power need to be power at all, government need not
be coercive = to administer does not always mean to control;
 Transition from first to second US republic – pluralist theory became handmaiden of
interest group liberalism, and interest group liberalism became the handmaiden of
modern American positive national statehood
 New republic pretends that through pluralism, countervailing power, creative
federalism, partnership and participatory democracy, government need not be
coercive
Requirement of standards has been replaced by the requirement of participation
 Arguments against pluralism:
(1) Pluralist component badly serves liberalism by propagating the faith that a system
built upon groups is self corrective
Pure pluralist competition occurs far below an acceptable level of legitimacy, access,
equality or innovation
(2) Pluralist theory is comparable to laissez-faire economics to the extent that it is unable
to come to terms with the problem of imperfect competition
(3) The pluralist paradigm depends upon an idealized conception of the group
Madison in Fed 10 said groups are necessary evil, need regulation which is principle
task of govt; new says groups are good, supportive countervailing power of government
Interest groups responsible for atrophy of institutions of popular control, the
maintenance of old and creation of new structures of privilege; and conservatism in several
senses
 Conclusion:
US politics have an uncommon degree of ambivalence to government power; dedicated
to achieving it and justifying it; but with each expansion of government there has been a
crisis of public authority; and each crisis has been accompanied by demands for expansion
of representation
Expansion during 1887 and economic role resulted in call for congressional reform,
direct election of senators, reform nominating process, etc.
Expansion during Wilson resulted in progressive reforms of female suffrage, short
ballot, initiative, referendum and recall, direct primary extension, etc.
Roosevelt = change in representation through development of administrative process
theory; and emergence of interest group liberalism as the answer to problems of
governmental power
Problem is that the new representation embodied in notion of interest group liberalism is
a pathological adjustment to the problem of representation; in reality spread a sense of
representation at the expense of democratic forms and ultimately legitimacy
Traditional assumption that expanded participation would produces changes in
government policies expressed in laws that would make a difference; but since new
representation extends into administration, calls for vague laws or opposes laws in
legislature all together
Finally = interest group liberalism seeks pluralistic government in which there is no
formal means or ends; therefore there is no substance in a pluralistic government; no
procedure either; only process!
Skocpol, R: No. 25.
 Death of feminism in 1920s, absolute terms though number of degrees for women
rising, other social changes like status symbols turning to cars helped create a class
of highly educated, underemployed and underpaid women
 In 1960s revival = National Organization for Women (NOW) in 1966 from two
different origins
Older branch – higher age; supported by National Women’s political caucus, women’s
equity action league, etc. traditionally formal organization; top down
Younger branch = began on campuses, under 30 generally, many directly from New
Left and civil rights organizations; lack of organization; results in broadly based, creative
movement, with no concern for orthodoxy; negative side = political impotency; but the older
branch has the organizational structure for potency
 It is structure and style rather than ideology that differentiates the various groups
Older branch – activities generally legal, political and media oriented
Younger branch – more experimental; developed ‘rap groups’ – a tool for social change
which brings together women in a situation of structure interaction and serves as mechanism
for social change in itself by altering participants perceptions through “consciousness
raising”
 NOW older group split three times because of top down structure; two major
factions were fighting – the insurgent group took power and began to centralize the
organization which increased its national power and political leverage
In 1979 with Equal Rights Amendment on horizon, NOW focused all energy on getting
the bill passed = process from social movement organization into interest group
The National Womens political caucus was always an interest group – get women into
office
Younger branch – primarily local groups, more important for its new ideas, less for its
activities
Several crises in 1970s = attempts by Young Socialist Alliance to take over movement
and by gay/straight split – NOW absorbed many of these women from the fall out
 Ideology
Split between politicos and feminists = whether womens liberation movement should
remain a branch of the radical left movement or become an independent womens movement
– the feminist won
Two theoretical concerns:
Feminist critique of society = traditional view holds men and women are essentially
different and should hold different roles in society
The idea of oppression = felt word oppression was too trite; has two aspects to the word
– sociostructural manifestations are in legal, economic, social and political institutions; the
sociopsychological ones are intangible
Sexism – describes particular kind of oppression against women; two core concepts =
men are no more important than women; women are here for the pleasure of men
Not enough to advocate eradication of sexism – must offer normative alternative; two
important ones:
Egalitarian Ethic – the sexes are equal, so sex roles must go;
Liberation Ethic – says that egalitarian ethic not enough; not only the limits of the sex
roles must be changed, but the content as well
Too much emphasis on this can lead to Radical Paradox = situation in which New Left
women found themselves in, where pursuing reformist issues that could be achieved without
altering the basic structure and thus they felt it would only strengthen the system – renders
them impotent
Together these ethics can liberate both sexes, etc.
Schlozman & Tierney, R: Ch. 7
 Techniques of influence:
List of 27 techniques (from testifying at hearings to engaging in protests); the majority
of groups engaged in over 17 of the activities; also striking similarities between types of
groups and activities (ex. Unions, civilian groups, etc.); more variation in time dedicated to
different techniques among groups
Expansion in groups and group activity
 Two changes in political environment = revolution in assorted electronic
technologies and a reinforcement of the nexus between the congressional
representative and his district – changes nature of activity too
Both point to increased salience of indirect lobbying techniques in which groups
mobilize citizens at the grassroots level to communicate with policymakers – however not
true
Deciding to get involved = exogenous actions (block a bill) or endogenous (bring issue
to light – retarded children example)
Deciding what to do = various points of access because of federalism; once this is
decided, have to pick tactics – limited by laws, resources, and past experience
 Representation, access, and influence
Influence of interests: victory not based alone on organized interest; cant look at who
won and lost, but what would the outcome have been had the interest not been involved at
all
West and Loomis, R: Ch. 2.
 Point = more affluent groups have capacity to change the nature of policy debates
and control narratives to determine the policy outcome; ability to generate and repeat
consistent set of messages important – and depends on money
 Dominant interests often wish to restrict the scope of conflict wile prospective losers
often seek to expand it = the definition of alternatives is the supreme instrument of
power; also the struggle to define alternative not fair – because of resources and
affluence
 Tight budget era = winners and losers in policy
 General trends:
The number of organized groups has increased steadily in past 40 years
Organized interests have engaged in more activities seeking to influence governmental
policies
Organized interests and government decision makers share needs for high-quality
information, both about policy alternatives and political prospects
The distinction between inside lobbying of members of congress and outside strategies
based on grassroots mobilization has diminished, largely due to technology
Organized interests investments in (mostly incumbent) candidates through PACs have
grown steadily – serve to maintain access and complement lobbying
Lowery and Brasher, R: Ch. 8.
Consequences and Reforms: The Bipartisan Campaign Finance Reform Act (McCainFeingold)
Issues of reform is not a neat dem-rep question, with conservatives and liberals on both
sides of the issue (mainly a question of legislative independence v. First Amendment
Rights).
Impact of Organized interests on American politics and Public policy:
Organized interests are seen as a cause of increased cynicism and decreased political
participation. Because of their growing numbers, their strong campaigning in relation to
policy issues and their wide use of donations, they have been demonized by journalists
and other observers. Criticisms:
source of political gridlockà pluralists defend interest groups/factions as representatives
of the interests of citizens, but neopluralists contend that too much representation inhibits
policy progression.
Transaction scholars believe that interest groups allow for policy implementation, unlike
neopluralists, but that this policy encourages tax breaks, focuses on large economic issues
and generally leads to institutional sclerosisà restrictions on market competitions create
inefficiencies and create vicious cycle.
They are just too powerful. Pluralists see this as normal and that citizens must unite and
defeat minority interests... others find this unreasonable, especially in low-profile issues.
Reforms and their potential effects on interests and politics:
Ethic laws are generally passed by Congress after a scandal that increases pressure on its
members. Types of Reforms:
Restructuring Interest Communitiesà efforts to restrict the size of the lobbying
community have been ineffective. Moreover, tax exemptions provided by 501 (c) (3) are
easy to infringe, as long as non-profits disseminate info instead of lobby.
Registration and Reporting Requirements: Lobby Disclosure Act of 1995 saw the Feds
register Lobbies + Federal Election Campaign Act of 1971 defined the role of political
Action committees (PACs), forcing them to register with the FEC
Conflict of Interest Laws: vary from state to state... have altered lobbying practices, but
not the public perceptions that were their main focus.
Campaign Finance Reform, at the centre of efforts to restrict power of organized
interests.
BCFRA bans soft money contributions + issues-ads referring to a candidate in the days
before primaries and elections (30 and 60 respectively). It also makes up for the potential
losses to campaigns by allowing for greater hard money contributions.
Option of full public financing of elections
MEDIA
Wilson Ch. 12
 National press = gatekeeper, scorekeeper, watchdog
Gatekeeper = influence subject; scorekeeper = who wins/loses
 Adversarial press = suspicious of officials
Cigler Ch. 8: Media
 Improve democracy via informed public, accountable politics; damage democracy
by manipulating public opinion and propaganda
 Meyrowitz: Lowering Political Heroes
Decline in presidential image to do with communications
Speech giving – backwoods versus national
Full/open administration and strong leaders = incompatible
 Althaus: American News Consumption in National Crisis
9/11 changed civic attitudes but not behavior
Gulf War – peaks when events occurred versus 9/11 peak during first week then steady
decline
Decline in print news consumption and rise in electronic post 9/11 = reflects desire for
latest news
Public disengagement – consider war on terror a domestic issue
Shifting public agenda
 Kull: Press and Misperception about Iraq
News important especially in foreign events
Misperceptions = Iraq working with al-Qaeda; WMD; supportive world opinion
Individual bias or failure of press?
Variations based on where news came from – especially Fox
Misperception support war – heavily correlated
Administration misled public; press didn’t challenge the administration
Peele: Chapter on Media
 News media does not foster reconciliation approach to differences in red/blue
 Overall news consumption on decline – sometimes adopt subjective news to capture
audiences
 Bias:
Journalists tend towards liberal versus media owners; perception of bias by public
Liberals influence through selection, ie more likely to cover social agenda than flagreligion
 Deregulation – concentration of media outlets in fewer hands – has gone to supreme
court
 Film = more liberal, advocate agenda (ex Michael Moore)
 Internet = blogs – issue between blogs as news that requires first amendment
protections and as types of campaign advocacy subject to government regulation
 Commercials = part of trivialization of political debate; foster public cynicism;
advantage incumbents so congress not likely change
 Bush – held much fewer press conferences
Criticized for paying columnists/tv hosts to support no child left behind
Fed government news releases – in format of tv
Graber Ch 6 & 8
 Manipulative journalism – 1960s, Watergate 74, advocacy for social responsibility
in journalism schools
 Investigative = three objectives: excite audiences, gain journalistic praise, trigger
political action
 Investigative journalism leads to political action in three ways
Write stories about public policies that engender reaction; write stories to arouse
political elite; collaborate between journalists and public officeholders who coordinate
news-political activity
 Three modes = simple muckraking, the leaping impact model and the truncated
muckraking model
 Simple muckraking: Investigate, publication, public opinion, policy initiative, policy
consequence
Leaping impact is when some levels are skipped
Truncated is when sequence is aborted so no corrective policies
 Simple muckraking = modest outcomes typical because people are cynical about
political status quo
 Leaping impact = publications lead to correction without elite or public opinion
 Conclusion = public opinion is largely irrelevant in generating reforms q
PART III READINGS
THE PRESIDENCY
Fisher Ch 7
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Presidents use war powers – pattern of acting unilateral when conflict is relatively
isolated; and asking congress when not
Evacuation from SE Asia
 In 1975 = Ford asked congress to flarify war powers for dealign with foreign
citizens; Ford acted before congress finished
Mayaguez capture
 In 1975 ship captured by Cambodians; Ford ordered air strike and marines;
titled section 4(a)(1)
Desert ore rescue effort = Iran
 In 1979 Iran hostage situation, failed rescue, told congress after the fact
Lebanon
 In 1982 Reagan sent troops under Section 4(a)(1)
Grenada
 In 1983 Invaded Grenada, congressman went to court
Libya
 In 1986 air strike circumvented war powers
Persian Gulf Escort Operations
 In 1987 cited Article 51 of UN
Panama
 In 1989 ordered 11,000 troops
More examples = Gulf War, Iraq, etc.
War power drift from congress to president post WWII
 Reasons = promptness
Precedent doesn’t build a lawful foundation though
War Powers Resolution = expansive definition = president acting unilaterally up to 60
days
 Suggests tying war powers to power of purse; improve consultation clause of
war resolution; pass resolution disapproving of president war (Legislative
veto)
 Legislative veto = a condition placed on delegated authority such as the onehouse legislative veto (INS versus Chadha)
 Power shift to short term political appointees
Milkis and Nelson
 Stagnation of presidency under Eisenhower = growth of strength and image under
Kennedy, Johnson and Nixon
 Kennedy – use of press (TV, Conferences) – way to people over congress
 Theodore Lowi = “personal presidency” = a personalization of the presidency, came
into own under Kennedy; aided by TV; family involved campaign (Kennedy
machine)
 Modern presidency – more powerful, prominent and politically isolated
 Expanding public expectation but isolation made it harder
 Kennedy legacy = personalization that isolated presidency
 LBJ = expanded power and independence of office
 Failure to be educator/instrument of popular will
 Vietnam = cynicism of presidential power
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Nixon = administrative presidency – achieve objectives through administrative
action; expand EOP; reorganize OMB
Modern president never truly imperial = power depends on broad agreement from
congress, bureaucracy and courts
Watergate = congress passed legislation limiting president power; also shattered
consensus that strong executive = public interest
 War Powers Resolution, the Case Act in 1972, Congressional Budget and
Impoundment Control Act in 1974, CBO created, legislative reform for more
aggressive = decentralized = rise of subcommittees
Greenstein
 FDR – lends self least well to balance sheet of negative and positive
 Truman = broker politician but bad at rhetoric and vision
 Eisenhower = most to offer in policy vision and organization – bad at public
communication
 Kennedy – good public communication, bad organization
 LBJ = political skill
 Nixon = strategic vision in leadership
 Ford = emotional balance, underappreciated
 Carter = offers avoidable shortfalls, responded to circumstances
 Reagan = opposite Carter, bad with specifics
 H W Bush = reactive, good with specifics
 Clinton = resiliency and political prowess
 W Bush = set goals
 Presidential qualities
 Public communicator, organizational capacity, political skill, vision (to
inspire, to deal well with content of policies), cognitive style, emotional
intelligence
 Moral = beware of presidents who lack emotional intelligence
 Refers to LBJ, Nixon, Carter and Clinton
Thurber Ch 8
 Theories of the veto (Cameron)
 1) Concept of president-congress relations as a sequential game with complete
info; if legislation is closer to the administrative preference than old law then
it passes; congress will either anticipate this and make changes or not both to
pass legislation
 2) Concept of commitment game; starts with administrative making strong
statement promising veto prior to congress action
 3) Coordination game; congress makes strategic calculations based on
presidential preferences; manipulation by administration = best model
o Veto chains = lawmakers update expectations of what president will
pass
 Groseclose and McCarty - add a fourth
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4) Blame game model = bargaining before an audience; congress fully
informed, but public only partially informed; goal is to get president to pass an
unpopular veto
Central legislative clearance
 OMB directs process; coordinate policy proposals; statements of
administrative policy (SAPs)
Presidents veto threat – explicit statement in SAP that he will veto
Senior advisors threat = says they would recommend that president veto
Administrative signaling scale
 President veto threat then senior advisor threat, then secretary threat, then
strongly oppose, then oppose, then do not object, then support and finally
strongly support
Veto bargaining closely associated with divided government
Process supports theory on strategic signaling (number 3)
The model varies depending on the legislation
Message politics = the two parties develop message agendas
 Connected to name brand politics
 On message issues you see the blame game model
Types of messages
 1) Shared message priorities = ex. Education, usually gridlock and high veto
threats; this is where you see the blame game
 2) Majority message priorities = expect middle level presidential signals, high
success rate
 3) Minority message priorities = most likely to go public, few middle range,
high gridlock
 4) Other bills – not tied to either party
o Bargaining dynamics and message politics
Point = closer issue is to message agenda of majority in split government, more likely
an unambiguous negative signal from executive
Cigler Ch 11
 Most dangerous branch because ability to exercise immense power
 Two presidencies phenomenon = coined by Wildavsky about split between domestic
and foreign/military powers of president
 Neustadt = Power to Persuade
 Argues constitutional convention didn’t create separate powers = created
separate institutions sharing powers
 Persuasive power = more than charm and argument – also status and authority
president has
 Vantage points = appointments, vetoes, etc.
 Power to persuade = power to bargain
 Constitution gives him central budgeting and degree of personnel control
 President even has problems with own bureaucracy
 Essence of presidential persuasive task is to induce others to believe that what
he wants of them is what they want too
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Sum = president must protect reputation and popularity as they seek to
persuade others to support their initiatives
Dahl = Presidential Mandate
 Myth of mandate = start with Andrew Jackson and Bank of America
o Explicit under Polk; Wilson first to argue that president superior to
congress because of mandate
o Whig view of office = president deferential to congress
 Mandate theory
o Elections carry messages about clear problems, policies and programs
o Must reflect stable views of candidates and voters
 Dahls primitive mandate theory
o Elections confer constitutional and legal authority on victor
o Conveys info
o Conveys idea that majority favor winner because of policy
o When conflict between congress and president occurs, president
should win because has country mandate
 Issue = constituent wishes should not be binding and cant usually be discerned
o Often don’t win majority of popular vote
o No single policy reason voting for president – highest is 21%
o House and Senate margins are important too
 Claim to mandate = psuedodemocratization of presidency; myth elevates
president above congress; detracts from legitimacy of diversity
Healy and Lynch = Power Surge
 Presidential oath – defend, preserve and protect constitution
 Bush failed to protect first amdnement – free speech, though, expression
o Cites McCain Feingold Act (BCRA 2002)
 Bush abuses presidential war powers
o Ignore federal statues, unilateral executive authority, lock citizens up
without habeas corpus
o Torture memos in 2002 and 2003 – argues congress is powerless to
interfere with president decision to torture
o Debate has been what is torture and does Geneva cover terrorists; not
does president have this power
 Bush violated 4th amendment search and seizure
o Assert authority to exlude judiciary in warrant process by using
military orders; dilute probable cause; misuse federal statues to detain
suspects without charging them = power to arrest
o Claims can circumvent rules that wiretap is unconstitutional because
he is commander in chief and has inherent power = power to
eavesdrop
 Writ of Habeas Corpus
o Enemy combatant order; writ is in Article 1 of constit. Therefore is
power of legislature; they can suspend writ; Hamdi case = Bush said
court cant second guess him
 American legal system based on precedent so Bush’s actions are important
Wilson Ch. 14
 Divided government versus unified government; gridlock occurs when government is
stalled by rival parties
 Powers of president in real terms = role in foreign affairs, ability to shape public
opinion, position as head of the executive branch and claims to have certain inherent
powers by virtue of his office
 Actual explicit powers = commander in chief of armed forces, commission
officers of armed forces; grant pardons, convene congress in special session,
receive ambassadors, take care that laws are faithfully executed, weild
executive power, appoint officials
 Powers shared with senate = make treaties, appoint ambassadors, judges and
high officials
 Powers shared with whole congress = approve legislation
 Electoral college = people chosen to cast each state’s votes in a presidential election;
based on how many people state has in congress
 Organization of presidents staff
 Pyramid structure, circular structure and ad hoc structure
 Executive Office of President
 Agencies = Office of Management and Budget (OMB), Director of National
intelligence (DNI), Council fo Economic Advisers (CEA), Office of Personnel
Management (OPM), Office of the US trade Representative
 The cabinet – heads of 15 executive branch departments of the fed govt.
 Presidential character –
 Eisenhower – orderly, military, delegating
 Kennedy – personal rule and improvisation
 Popularity – all face decline except Eisenhower, Reagan and Clinton
 Power to persuade
 Three audiences = DC audience of fellow politicians, party activists and
officeholders outside Washington, the public
 Bully pulpit – presidential use of prestige and visibility
 Veto power
 Veto message – a message from the president to congress saying that he will
not sign a bill it has passed
 Pocket veto = a bill fails to become law because the president did not sign it
within ten days before congress adjourns
 Line-item veto = an executive ability to block a particular provision in a bill
passed by congress = decided this is unconstitutional
 Executive privilege
 One branch of govt does not have right to inquire into internal workings of
other branch headed by a constitutionally named officer; second the principle
of statecraft and of prudent administration require the president to have the
right to obtain confidential and candid advice from subordinates
 Challenged in US versus Nixon 1974 – no absolute unqualified presidential
privilege of immunity from judicial process under all circumstances
 Presidential impoundment of funds – not spending all of what congress appropriates
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Signing statements = express presidential attitudes about law, tell executive branch
how to implement, declare that the president thinks that some of the law is
unconstitutional = many feel it is unconstitutional
Presidential program =
 Putting together a program – sources are interest groups (will have specific
plans and ideas but will have narrow view of public interest); aides and
campaign advisors (will test new ideas for political soundness, but will not
have many ideas to test being inexperienced in govt); federal bureaus and
agencies (will know what is feasible in terms of govt realities, but will try to
promote own agencies); outsides specialists (will have many general ideas but
will not know details of policy or have good political judgement)
 Two ways to develop a program = 1) to have a policy on almost everything
(Clinton and Carter); or 2) concentrate on three or four major initiatives
(Reagan)
 Constraints = risk adverse reaction, sheer limit of his time and attention span,
unexpected crises, and govt and programs can only be changed marginally,
while vast bulk of expenditures is beyond control in any given year
Legislative veto = authority of congress to block presidential action after it has taken
place; the supreme court held that congress does not have this power
Eight times a VP has become president
The 25th amendment provides for orderly transition of power to VP
Impeachment = charges against a president approved by a majority of the House of
Reps; however to be removed must be convicted by two thirds of the Senate presided
over by Chief Justice
 Two presidents impeached – Andrew Johnson and Clinton
 Clinton – perjury, obstruction of justice, abuse of power = majority not 2/3 of
Senate voted to convict
Lame duck = a person still in office after he or she has lost a bid for reelection
Presidential rules of thumb =
 Move it or lose it; avoid details; cabinets don’t get much accomplished,
people do
Presidency powers:
- How has presidential power evolved over time, esp post FDR
o Policy initiation, foreign affairs, executive privelge
- What are the constitutional checks on the president; and how effective have they
been?
- When, if ever, is executive privilege constitutional?
- How has the presidential staff changed over time and what impact has this had on
policy making?
THE CONGRESS
Dodd and Oppenheiner
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Congress = Strength derived from ability to identify the common concerns and shared
interests of citizenry amidst disparate claims
Today = growing apprehensions about capacity to acknowledge and address policy
dilemmas
 Policy deadlock today symbolized by four trillion dollar debt, hc costs,
unemployment
 Now people want term limits, incumbent reelection percentage drop; analysts
attribute to divided government of reagan bush years; but really much deaper
Thesis = immobilism is embedded in character of contemporary legislative politics;
magnified politics of self interest, result of post industrial service state = congress
shad a legitimacy problem now
Redress = policy change, institutional reform, united government
Legitimacy thesis = assumption that to maintain support of public congress must
recognize the fundamental problem of historical era and address with legislation
 Two valuable attributes = 1) representative institution and 2) deliberative body
Crises of the past = westward expansion/regional conflicts in 19th century; late 19th
century industrialization; corporate corruption; Great Depression; Cold War; WWII
(military industrial complex)
Answer to why congress legitimacy crisis now = it’s a post industrial crisis
 Switch to knowledge based economy
 Fiscal limits on the state
 Not insolvable = reduction in global crises, less money on military, maybe
move away from reliance on bureaucracy
 Fundamental restructuring of national government is a way to resolve policy
dilemma!!
o Shift state activism away from government bureaucracy and toward
managed competition – money from military towards social
o Result = create an entrepreneurial state = government that
acknowledges responsibility to address nations collective problems but
sees incentive structure that encourage managed competition among
private and public service institutions = broad goal is provide
collective goods without undue dependence on government
Public doubts problem solving capacity of congress
 Capacities are eroding; congress increasingly out of touch with nations
problems
 Failure as Representative body = Legitimacy connected to members of
congress who represent broad focused issues; however now selection of
legislature tied to service delivery to constituents = shift from issue
representation to interest representation (offering local loans, price supports
and new buildings) = collective problems go unacknowledged
 Failure as Deliberative body = not just debate/vote but also dialogue; eroded
in late 19th century early 20th with internal organization and procedures;
committee shift from dialogic deliberation to strategic deliberation
Result = technocratic congress devoted to incremental and particularized policy
versus a democratic congress
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Solution = best solution – moving first to foster entrepreneurial government; thereby
foster conditions for improving congress; but catch 22 sort of; must simultaneously
deal with both restructuring government and own issues
 Create emergency joint committee on government restructuring = 1) set
example of collegial discussion; 2) public exposure; 3) meet for question hour
in joint session
 Other solutions = incremental steps
Argues for switiching ombudsman role from congress to a fourth branch
Campaign finance reforms alone not enough
Fear = loss of faith in congress could support the rise of executive government and
reinforce loss of faith in state/local level
Issue clearest in California where the legislature is stripped of power
Conclusion = congress adaptation to industrial era served reelection and power
concern versus representative/deliberative of nation at large = now legislative
legitimacy crisis
David and Oleszek
 Legislators independent of decisions and votes = article I, section six = “cant be
questioned in any other place on their speech or debate”
 Decisions = how much time to spend in capital, how much homework they do
(obscure caucus = unnoticed members list compiled by capital hill newspapers)
 Specializing = senators usually generalists while representatives specialize;
policy entrepreneurs = stimulating more than responding to outside forces;
since 1960s and 70s reforms, easier to specialize/influence policy (speeches,
floor amendments, caucuses, task forces)
 Staking out a position = politics of timing (Fenno)
 Fenno = three types of decisions makers
 1) Early deciders; 2) active players (delay decision and invite negotiation); 3)
late deciders (usually forfeit influence but are courted and gain concessions)
 Casting votes
 General pair = listed without refrence to how they might have voted
 Specific pair = how two absent members would have voted; 1 for 1
 Live pair = one present, one absent
 During committee = can vote by proxy
 Offering amendments
 In Senate = delayuing amendments after cloture
 What votes mean
 Not unambiguous indicator of legislative views
 Factors shaping voting = party affiliation, constituents, ideology, president
 1) Party = strongest single correlate
o Party unity votes = about 50%; party unity scores for individual
members (about ¾ to 4/5)
o Rise in partisanship – constituency, recruitment, institutional (process
partisanship = degree to which institutions is structured or operates in
partisan manner)
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2) Constituency
o Elect someone whose views mirror own or threat of reelection
 Attentive publics versus inattentive
 3) Ideology
o Conservative coalition vote = reps and dems
o Honey bees (liberal dems), Boll Weevils (moderate to conserv dems);
yellow jackets (conserv reps), Gypsy moths (GOP moderates)
 4) Presidency
o United government has better success rate, president lose support as
administration ages (better early)
Giving and taking cues
 Two phases of decision making = predisposition and conversation
 There are nine sources of voting cues = state party delegations, party leaders,
party majority, president, House majority, committee chairman, ranking
minority members, conservative coalition, liberal democrats study group
o Policy dimensions as cue
Legislative bargaining
 Disparate goals and widely scattered influence
 Implicit and explicit bargaining
o Implicit = anticipated reaction and exchange of cues
o Explicit = compromise, simple logrolling, time logrolling, logrolling
with sidepayments
 Logrolling = parties trade off support so each wins
 Negative logroll = less than optimal provisions together
 Time = support one thing for something else later
Congress of individual wills and congress of collective decisions
Baker
 Senate seems less partisan because compact, but not always
 Committee participation
 Senators serve on more committees = bigger association circles
 House = easier to get majority versus sixty votes in Senate
 Partisanship of committees influenced by subject debated
o House appropriations = least partisan
 Leaders and followers
 Service leadership
 Difference in rules (senate = amend, filibuster); sheer numbers in House, also
more leadership positions in Senate (committees) so more individual
 Pyramid of hierarchy in House
 Endemic of staff
 Senators = bigger personal staff (average 15 versus 31 in Senate)
 Senate = nursery of presidents
 Senators rely more on staff = spread thin
o Danger of over delegation = captives to staff
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Size and managed conflict
 Small = face to face; less partisan; rules of engagement personal so better at
conflict management; Senate more unitary because minority likely to impact
legislation; place of concurrent majorities!! All major segments of opinion
need to concur (not proportionally though)
Cigler Ch 10 = Congress
 Most open to scrutiny and influence
 Tons of changes = mores staff, more power to juniors, etc.
 Fenno = Ralph Nader and Congress
 Writing in 1975
 House reelection rate 96% and senate is 85%
 Puzzle = approve of legislators much more than legislature
o Different standards of judgement – individual sour standard is one of
represenativeness; for institution standard is to solve national problems
o Standards applied inconsistently = mad at obstruction and mad when
work too well with executive; we change our minds frequently about
what kind of congress we want – cooperative versus counterbalancing
executive
o Senators and rpes more worried about individual self than institution
o They criticize congress, act as fighters against it
 Importance of committees
o Big differences between them; some are cooperative and others aren’t
 Issue = broken branch metaphor is indiscriminating
o Suggests less wholesale, more retail reforms
o Argues seniority rule isn’t very important in terms of committee
performance
 Shepsle – Textbook Congress
 Textbook congress = a stylized version of congress characterized by a few
main tendencies and described in broad terms
 Congress post WWII and post legislative reorg ac tin 1946 – lasted until mid
sixties, image remained until mid seventies
 Textbook in late 40s to 60s
o Increasing workload, staff average rises
o Characterized by apprenticeship, constraint of younger members;
specialization, courtesy, reciprocity, institutional loyalty
o Changes in the 1960s =
 Larger staff. Funding, trips home, franking; make it easier to
get to constituency
 Constituency needs compete with party as guide to behavior
 Decreasing deference to expert committees; greater resources =
vertical integration and independence
 Reapportionment in 60s and 70s = less homogenized –
members had to diversify portfolio; less deference, recipority
and specialization
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o Geography, jurisdiction and party hang together in equilibrium during
this time
 Textbook in 1970s and 80s
o Important break up of solid south
o Tension between liberal rank and file and conservative committee
chairs
o Age of reforms = revolt against seniority; rise of four powers
 Subcommittees
 Individual members = growth of resources
 Party caucus
 Speaker position
o Decline of chairmans and full committees
 A New textbook congress?
o The 1940s was conspiracy between jurisdiction and geography
o The 1960s was solid south break up of equilibrium
o Now = geography undermined jurisdiction
o Party and individual (member enterprises) is on rise
o No new equilibrium
 Too many members of congress remain dissatisfied; one
possibility is balance members with party leaders
 Equilibrium between strong members and strong leaders is
vulnerable to circumstances supporting it
Barbara Sinclair – US Senators
 Senate = most permissive rules – extended debate, etc
 In 1958 brought in new class of activist senators; mid 1970s individualistic
stnate emerged; increasing paritsanship
 Senate became more diverse – individualism and partisanship
o Partisanship exacerbated problems majority leader has in keeping
senate functioning
o Individualism changed how senate committees work
o Majority leadership = senate majority leader has right to first
recognition; can move a bill onto floor but it is filibusterable
 Senate rules
o Filibuster = extended debate to prevent a vote
o Nominations can be filibustered
o Holds = hold up legislation but gives leader info on potential problems
o Individual and partisan = more likely to depress legislation
 How do they avoid gridlock
o Most want to do something
o Likelihood of retaliation from members
 Today’s senate
o Opportunity to agenda setting, debate framing and policy incubation
Mann and Ornstein = The Broken Branch
 In 2003 Medicare vote = GOP leadership kept vote open, bribed members
 Institutional decline
o Centralized leadership, deference to executive
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o Began near end of long democratic rule
o Regular order = routinely ignored
 Began restricting debate and amdnement on House floor
 Speaker – supposed to be institutional leader not partisan
o Sum = restricted debate, loose interpretation of rules, distorted role of
speaker – now giving in to president
 Senate = some individual and partisanship trends too but less in line with
president
 Where problems came from = partisanship and solid south break up
Evan Thomas = Where Republicans went Astray
 In 1994 = Gingrich contract with America – cut government spending
o In 1997 – transport bill was lots of money – there goes the revolution
 Gingrich said four areas failed = candor, competence, corruption and
consultants
 Republican revolution = seeds in 1964 Goldwater; then Reagan landslide
o Gingrich not really a leader, Clinton outfoxed him; DeLay and the rise
of earmarks
 Overreaching in Iraq
Wilson Ch. 13
 Bicameral legislature
 Six House phases = Powerful House, Divided House (1820s); The Speaker Ruels
(1880s); House Revolts (against Cannon in 1910), Members rule (Committees until
1960s); Leadership returns
 The 17th amendment in 1913 – senators are directly elected
 Rule 22 = cloture with 60 votes
 Marginal districts = winner gets less than 55% of vote; safe districts where winner
gets more than 55% of votes
 Because of TV/Media, personal politics (heard of incumbent), incumbent
advantages
 Party = house control by democrats – redistricting some blame
 Conservative coalition = dems and reps
 Congress behavior theories = representational, organizational and attitudinal
 Representational = when constituents have clear view, reps respond =
especially on cases of civil liberties
 Organizational = cues provided by colleagues; party is strongest corellate
 Attitudinal = ideology of individual
 Organization of Senate
 Majority leader; minority leader; whips; dems = seering committee and reps
Committee on Committees
 Orgs of House
 Majority, minority, whips and speaker
 More leadership power
 Party polarization = major one party versus majority of other party
 Redistricting, voters more partisan, role of seniority
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Caucus = association of congress members
Committees
 Standing committees, select committees and joint committees (includes
conference committees)
 In 1970s decentralizations and democratization
 House changes = chairman elected by secret ballot by caucus; only one
committee chair at time; need subcommittees; increase in staff; meetings
public
 Similar changes in Senate
Changes in rules = ban proxy votes, limit chairman terms
Staff agencies
 Congressional research service; General Accounting Office; Office of Tech
Assessment; Congressional Budget office
How bill becomes law
 Introducing bill = can be a public bill or private
o Resolutions = simple res; concurrent res; or joint res
 Bills refered to committees by speaker or presiding officer of senate
o Multiple referrals and sequential referrals
o Mark ups, report out; discharge petition
o Bill must be placed on calendars to come to floor
 Closed rules (forbid floor amending and puts time limit) versu
open
 House debate = quorum (minimum of members there)
 Senate debate = cloture, filibuster; double tracking (shelving disupted bill to
move onto others)
 House votes = voice vote, division vote, teller vote, roll call vote
 Pork barrel legislation = bills that give tangible perks to constituents
 Franking privileges
SUPREME COURT
O’Brien
 Gideon versus Wainwright (1963) – sixth amendment; right to counsel in felony cases
 Less than 1 percent of cases are granted to review by court
 Court sets own agenda by picking its cases
 Addresses issues of Gideon before in Powell versus Alabama (1932) = Scottsboro
boys
 Court ruled they were given unfair hearing without counsel; Betts versus
Brady (1942) = only require consel in special cases like Scottsboro (capital
punishment cases) – Gideon overturned this
 Gideon extended under Warren court, cut back under Burger and Rehnquest
 Justices compete for influence in agenda setting
 Court Jurisdiction
 1) Article III = all federal questions, original jursid; over specific cases =
ambassadors, public ministers, states, states versus citizens
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2) Congressional legislation on appellate juris. – appeals replaced with
petitions for certiorari = 99% of cases are certiorari; may use writ of
mandamus; writ of habeaus corpus (produce the body)
 3) Interpretation of 1 and 2 = example court sets rules for filing fees, etc.
Deniability = if lack adverseness, is brough by parties lacking standing to sue (not
ripe or moot); or involved politics
 1) Adverseness = Precedent set by Jay court; litigants must be real and
adverse; no friendly suits; doesn’t give opinions in form of advice; only
appeals; no advisory opinions; dicta = statements of personal opinion
unnecessarily included in decision; some exceptions = amicus curiae = to
ensure opposition
 2) Standing to sue = standing a threshold required for getting into court –
show injury and exhaust other means
o Frothingham case = precedent for taxpayer suits
o Exception = Flast versus Cohen in 1968 – standing because personally
affected
o Cases of US versus Scrap = precedent that people could stand as
surrogates for special interest groups
o Law of standing tightened under Burger and Rehnquiest
 3) Ripeness and mootness = ripe if injury claimed has not yet happened and
moot if too late
o Griswold versus Connecticut (1965) = privacy in marital bedroom;
Eisenstadt versus Bard = extend to singles
o Defunis versus Odegaard = laws school case, moot
o Roe versus Wade = moot but decided it
 4) Political questions
o Origins in Marbury versus Madison; later in Luther versus Burden –
decided congres snot court right deciding
 Reversed in Baker versus Carr in 1962 when congress said it
dcides what is and isn’t a political question
Stake decisis = let the prior decision stand = promotes the uniformity and stability of
law; controversial because changing society/technology; differs for cases – civil
liberty by margin open for interpretation
Formal rules and practices
 Judicial disqualification and recuse
Agenda setting
 Screening cases = much is delegated now; issue of what to do with unpaid
dockets
 Cert pool – in 1972; sharing memos; heavy reliance on clerks; 4/5 of cases
disposed are screened by clerks and not discussed
 Conference discussions = given two lists (discussions and dead lists)
Judges
 Burger – not that great; Rehnquest great; Best were Hughes and Warren
Patterns of unanimity = decrease in reject/accept
 The Rule of Four = during conference, four must agree that case should be
orally discussed
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Join-3 vote = vote to provide a fourth vote; if other vote to grant review; but
generally considered a vote to deny
 Publishing dissents from denial
What denials mean = split, some say means nothing
 DIG (dismissed as improvidently granted) – reverse rule of four; rule of four
now only for allowing oral arguments – majority for everything else
Role of superlegislature because picks case
Interest group litigation = litigation easier and more success than legislation
Cue theory
 Justices select cases based on cues = civil liberties issues; disagreement in
lower court; involve federal government as petitioner
 Courts 9 ½ member = solicitor general
More cases in recent years
Trends
 Less than 1% of cases accepted; more cases on the docket; rely more on
clerks; clerks are risk averse
 Court doesn’t exist to correct errors in cases
 Declare most are frivolous cases
Baum
 Influences on Supreme court judges = legal community, interest groups, potentials
 Legal community – ABA especially; committee on Fed judiciary also who
evaluate presidential nominees; other prominent lawyers; judges on court
 Interest groups = labour and civil rights groups esp; intervene at the senate
stage
 Candidates for court
 Presidential decision making
 Decisional framework = decide only after vacancy; before or with criteria
 Extent of delegating work of nominations
 Qualifications
 Objective qualifications; policy preferences; rewards to political associations;
and building political support
 1) Objective Qualifications = ethnical and legal standards
 2) Policy preferences = attitudes towards policies
 3) Political and personal rewards = vulnerable to charges of chronyism
 4) Building political support = geography important, religious affiliation; race
and gender
 Senate Confirmation
 To judiciary committee then to floor
 Presidential strength, unified government, interest mobilization, situation
 Since 1968 Senate taken more active role in scrutinizing
o Increase IGs; increase political awareness
 Career path
 Legal profession; high positions; sometimes academia
 Implications – age, SES, race
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 Prior judicial service
 Partisan political activity
Justices more likely to step down versus die in office today
 Judicial pension in 1869
Court attractive because importance of individual
Cigler Ch 3
 Civil liberties = strike at core of relations between citizens and state
 Balancing act between individual and society needs
 Balance relative amount of power given to government versus citizens
 Security versus liberty
 Cases = Mapp versus Ohio (1961) – limit use of evidence from illegal search;
Miranda versus Arizona (1966)
 Near versus Minnesota (1931)
 Freedom of expression – prior restraint of the press
 Court opinion = Justice Hughes
 Question = statutes authorizing censorship in restraint of publication is
consistent with concept of liberty
o Decision = Has right to publish but must deal with consequences
 Only prior restraint limited when a nation is at war; also for obscene things;
the security of a community from incitements of violence
 Madiosn in colonial times
 Just because some scandalous article, shouldn’t crack down on vigilant and
courageous press
 Preliminary freedom does not depend on proof of truth
o Important because used in NYT versus US (Pentagon Papers 1972?)!
 Fred Friendly = From the Saturday Press to NYT
 Pentagon paper case 1971
 Near was little cared about – Holmes said these are the best cases to make
good laws with
 Not based on national frenzy
 Near = decision was five to four
 Other press cases
o In 1964 NYT versus Sullivan = prevent southern courts from using
law of libel to thwart national news of civil rights; freedom of press to
report cases said must prove malice to win libel
 NYT versus US (pentagon papers)
o Decision was 6 to 3
o Didn’t establish absolutism of first amendment against all prior
restraint!
 Gideon versus Wainwright (1963)
 Previously in Betts versus Brady (1942) – right to counsel not a fundamental
right
 In forma pauperis
 Powell versus Alabama – upheld right to counsel on basis of 14th amendment
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Looks to fundamental nature of Bill of Rights to see in 14th amendment makes
them obligatory on the states
 Reverses Betts ruling that 6th amendment not fundamental
o Justice Black
 A second justice Harlen concurred = but didn’t consider Betts and abrupt
break with precedent
Griswold versus Connecticut (1968)
 Issue of right to privacy – not explicit in constitution
 Laid groundwork for Roe versus Wade (1973)
 Challenge to Connecticut restriction, but barely used law
 Estelle Griswold (planned parenthood head) giving birth control to married
couples
 Opinion under Justice Douglas
o Implicated due process clause of 14th amendment; some argued to use
Lockner versus NY – but decided not to
o In Pierce versus Society of Sisters – right to educate one’s children as
one wants (under 1st and 4th amendment); and in Mayer versus
Nebraska right to teach german in schools = court reaffirms these
periphery rights; in NAACP versus Alabama = freedom of association
o The first amendment has a penumbra where privacy is protected from
government intrusion
o Uses example of right to assocaiation as part of penumbra of 1st
amendment – privacy is another
o Amendment 4th is another facet of privacy; 5th amendment gives
citizens a zone of privacy (self incrimination clause) – Mapp versus
Ohio
o Marital bedrooms subject to privacy
 Opinions of Goldberg, Brennan and Chief Justice agree
o Invasion of marital privacy
o Disagree that due process includes all 8 amendments
o Broad interpretation of liberty = 9th amendment
o Right to privacy in marriage = fundamental and basic
 Opinion of Black and Steward = dissent
o No constitutional right to privacy
o Says government has right to invade privacy unless specifically
prohibited
o Worried if take 9th amendment approach, it becomes personal = makes
court a day-to-day constitutional convention
Lawrence and Garner versus Texas (2003)
 Right of privacy
 Bowers versus Hardick (1986) = no fundamental right of homosexuals to
engage in sodomy
 Opinion written by Kennedy
o Case involved liberty of the person in its spousal and transcendental
dimensions
o Accused argued equal protection and due process
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o Griswold = then Eisenstadt allowed birth control to singles
o Questioned Bowers – does constitution confer a fundamental right to
engage in sodomy
 Statutes seek to control personal relationship
 Issue of whether the majority may use power of state to enforce
their views on society as whole
o Right to liberty under due process clauses 5 and 14
Opinion of Scalia, Thomas, and Chief Justice = dissenting
o No right to liberty under due process clasuse
o Substantive due process – decide that due process clause prohibits
states from infringing on fundamental liberties unless compelling state
interest
o Argues what Texas did is well within its right
o Conclusion -= statutes don’t infringe fundamental rights, is supported
by a rational relation to what state considers legitimate state interest
and doesn’t deny equal protection
Cigler Ch 13
 Irony – rely on undemocratic institution to safeguard democratic state
 Major tool = judicial review; Marbury versus Madison 1803
 Hamilton = Federalist 78
 Addressed question of constituting and extent of judiciary
 Constituting
o Mode of appointing judges = same for other officials – appointment
o Tenure = during good behavior; calls judiciary the least dangerous
branch; because no sword or purse has no will or force
 Contribute to independent spirit in judges; to be the bulwark of
a limited constitution against encroachment
o Partition of judiciary between different courts
 Human nature is evil
 Marbury versus Madison 1803
 Didn’t re-read = established notion of judicial review
 Posner = Potted Plants
 Strict constructionists (legal formalists)
o Judges have no legitimacy to decide public good – not elected; decide
if right exists, not legislate
 Sphere of discretion versus sphere of application
 Posner = sees this as bad because nature of laws/legal institutions, limits of
human knowledge and chracter of political system
 Judges been involved with policymaking from the start
 Deciding how broadly right is interpreted must consider implication of
interpretation for public good (there is a link between public good and private
rights)
 Don’t have full knowledge of how laws will be invoked in future = tech
changes, etc.
 Argues against Berns – cites 1st, 14th and 6th amendments

David Cole = Kennedy Court
 Supreme Court = Kennedy playing centrist role that O’Connor played
 Initially high number of unanimous but ended divided
 Hamdam versus Rumsfeld = five to three decision that made military tribunals
illegal
o Ruled tribunals violate Article three of Geneva Convention
o Important ruling because:
 Means congress cant pass a statute overturning Hamdan by
authorizing procedures without sanctioning a violation of laws
of war
 The decision in effect bans torture
 Declares war on terror is not a law free zone = refutes
American exceptionalism
Wilson: Ch 5
 Civil liberties = protections the constitution provides against abuse of govt.
 Civil rights – usually to protect groups
 Restricted civil liberties = sedition act, espionage and sedition act, smith act,
communist control act
 The 14th amendment
 Due Process clause = deprive any person of life, liberty or property without
due process
 Equal protection clause
 Both used to apply certain rights to state government = a process called
incorporation (process by which federal rights are applied to states)
o Bill of Rights applied to states except the 2nd, 3rd, 5th, 7th and 8th
 First amendment
 Freedom of expression and freedom of religion
o Press = freedom of prior restraint
o Speech – clear and present danger test
 Four types of speech and writing not protected = libel, obscenity, symbolic
speech (act conveying political message) and false adverstising
 Church and state
o Free exercise clause and establishment clauses
o Establishment = interpreted as a wall of separation
 Exclusioanry rule = evidence gathered in violation of law is unusable
 Search warrant = probable cause or if lawfully arrested
 Good faith exception = if error in gathering evidence is small
 Patriot Act of 2001
BUREAUCRACY
Wilson – Turf
 More control/less money (Laird) versus more money/less control (McNamara)
 Executives and Autonomy
 High resource dependence
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Autonomy = condition of independence sufficient to permit a group to work
out and maintain a distinct ID
Unifying military services
 Autonomy struggles bad when share tasks
 Create single defense department
 Key west agreement in 1948 – helicopters versus aircrafts
 Organization imperialism = drive for more for the sake of more – not
necessarily true
 Important too is strong sense of mission
 Issue of finding match between mission and jurisdiction
Achieving Autonomy
 Avoid taking on tasks of other orgs
 Fight encroaching orgs
 Avoid taking on tasks that differ from orgs mission
 Be wary of joint or cooperative ventures
 Avoid tasks that will produce divided/hostile constituencies
 Avoid learned vulnerabilities
Consequence of action
 Difficult to coordinate work of different agencies
 Resist regulation
Conclusion
 Not really about imperialism
 Autonomy is most valued; because determines degree of costs to acquire and
use resources; high autonomy means agency has supportive constituency base
and coherent set of tasks that can provide basis for strong/wide share sense of
mission
Strategies =
 Organization harder in public versus private sphere
o Maintenance not just survival but prosperity (autonomy/resources)
FINISH
Cigler Ch 12:
 Bureaucracy – any complex organization that operates on the basis of a hierarchical
authority structure with job specialization
 Question is whether bureaucracy compliments democracy – class of government
employees beyond voter control
 Pendelton Act 1882 = civil service system of competitive merit
 American solution is to keep bureaucracy accountable to other branches through
congressional oversight; media coverage
 Dionne jr. = Political Hacks versus Bureaucrats
 Spoils system of providing jobs developed alongside parties in 19th century;
progressives brought in political and professional approaches to
administration
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
Trend of winning presidency by running “against” the government in
Washington
 Idea that citizen service is essential to the health of civil society; versus a
purely professional bureaucracy
 Preference for political appointees over bureaucrats and a preference for civil
servants over the beneficiaries of political patronage = contradiction but
deeply rooted
 Jacksonian rotation in office
o Rotation in office = rejected view that no one but a few elite had
proper training or experience; demand public duties be shared by large
body of qualified citizens; saw it as part of mandate/policy
implementation
 American tradition of political appointments is rooted in idea
of how democratic government can work best and become
more democratic – foil for corruption and elitism
 The Tension
o Led to decline in moral exhilaration of public affairs at domestic level
o Wallace = pointed headed bureaucrats
o Neo-Jacksonian reaction in recent years = want to make civil service
system more accountable, so more political appointments
o Rise of privatization of public services – hired by govt
o At its best – the tension is highly productive = constant battled
between democratic impulse and impulse for efficiency and
predictability
o General trend today is putting down both sides in favor of outside
markets
o View government sector as sterile and stolid
James Wilson – Constraints on Public Managers
 Government bureaucracies more difficult to manage than private
bureaucracies
 Key constraints
o 1) Government agencies cant lawfully retain and devote to the private
benefit of their members the earnings of the organization
o 2) Govt. agencies cannot allocate the factors of production in
accordance with the preferences of the organizations administrators
o 3) Govt. agencies must serve goals not off the organizations own
choosing
 Therefore driven by constraints on organization and not by the
tasks
 Revenues and incentives
o No fiscal incentives to economize = have to turn over all unexpended
funds to Treasury at end of fiscal year
o Culture norm that people should not profit from public service
o Additional effort doesn’t produce additional earnings at a certain point
– no incentives because cant capture surplus
 Acquiring and using the factors of production
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o Complexities in hiring, purchasing, contracting and budgeting
Charles Peters: Why Bad News Doesn’t Travel Up
 Challenger explosion – failure of communication in hierarchy of NASA
 Subordinates keep info from top because:
o Fear – think careers lower down will suffer
o Felt it was their job to deal with it – autonomy
 Case of NASA
o Pressure of schedule, pressure from press
 Issues of firing whistleblowers, tendencies not to want to know the info
 What to do:
o Institutionalizing whistleblowing; knowledge of this tendency in
bureaucracies
Paul Light – The True Size of Government
 Federal government much bigger than it was 30 years ago – by counting all
people who deliver goods and services for Washington
 The shadow of government = private, nonprofit, state and local partners
o Result of contracting out and dealing with personnel ceilings, hiring
limits and doing more with less
o Under pressure to create smaller government
 Govt couldn’t do its job without this shadow
o Best jobs to be found outside govt. in private sector
 Merit system on one hand and not for shadow
 More federal government relies on third parties to deliver public services, the
more those third parties must recognize the public obligations of their private
or nonprofit service
Wilson Ch. 15
 Government by proxy = Washington pays state and local governments and private
groups to staff and administer federal programs
 Discretionary authority – extent that appointed bureaucrats can choose course of
action and make policies that are not spelled out in advance by laws
 Competitive service: the government offices to which people are appointed on the
basis of merit, as ascertained by written exams
 Name request job – a job that is filled by a person whom an agency has already
identified
 Iron triangle = a close relationship between an agency, a congressional committee and
an interest group
Wilson Ch. 16
 Judicial review: the power of courts to declare laws unconstitutional
 Judicial restraint: the view that judges should decide cases strictly on the basis of the
language of the laws and constitution
 Activist approach: the view that judges should discern the general principles
underlying laws or the constitution and apply them in modern circumstances
PART IV READINGS
Cigler 3.6-3.10
 Stuart Taylor Jr.
 Balancing post 9-11 security and liberty
 Patriot Act – Oct 2001
 Stubborn adherence to civil liberties status quao more damaging in the long
run
 Four methods of dealing with al Qaeda = infiltrating with informants, learning
with wire tapping, detaining and interrogating = all but first is restricted by
supreme court
 *New laws would make power more useful/flexible while setting boundaries
for overuse and abuse
 Foreign intelligence security act (FISA) in 1978 – barred searches of
foreigners without a warrant
o Should be amended – lower burden of proof, etc.
 Argues against Miranda rights – fifth amendment only says not to be a witness
against self – argues it is over interpreted
o Should create a public safety exception to Miranda
 Abuse of detention – need laws to extend it to curb abuses
 Brown versus Board of Education 1954, 1955
 Case consolidated four suits from Kansas, South Carolina, Virginia and
Deleware
 Opinion of the court = Chief Justice Warren
o Cases claimed unequal protection under 14th amendment, denied
because separate but equal clause in Plessy
 Argues – segregation on racial basis, even if same facilities, deprives
minorities of equal education opportunities = is inherently unequal
 Separation generates feeling of inferiority = argued on psychological and
sociological grounds which isn’t the strongest grounds for law
 Reread case in 1955 – opinion by warren again
o Deals with manner of carrying it out/incorporating it
o Try to vest it at local level
o Prompt and reasonable start toward compliance with all deliberative
speed
 Gerald Rosenberg
 Argues Brown symbolic victory, but produced little change, given more
influence than merits
 In decade after 99/100 black students still segregation
 Civil Rights act title VI cut off funding to segregated schools
o Actions of congress and executive that led to deseg.
 Indirect effects argument = that Brown spurred indirect change = little to no
evidence; congress responded to civil rights movement and executive
responded to the threat of violence
o Civil rights groups wary of litigative change
 No political pressure to implement it, but lots to resist
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Maybe evidence Brown produced resistance to change = wave of racism
Brown credits supreme court with power and influence it lacks
Celebrate Brown because symbol of US constitutional commitment to nonsegregated society; serves as ideological function assuring Americans they
have lived up to their principles – leads to self satisfaction and unwillingness
to evaluate practice, encourage finding a legal solution for military and
cultural problems
Peter H. Schuck
 Bakke case in 1978 – numerical quotas in affirmative action unconstitutional
o Endorsed in higher education, but limited generally
 Because of triumph of non-discrimination principle, black’s social gains,
evidence of consequence of preferences and new demographic realities =
affirm action
 Difference between preference (equal outcomes) and nondiscrimination
(equality of opportunity)
 Black-white gap closing
 Issue of other racial groups or mixed racial groups (one drop rule)
 Alternatives = propose treating government, legal mandated preference
differently than private, voluntary ones – support latter, ban former because
public law should not perpetuate distributive use of race
o But must have transparency and protection of minor rights
o Trigger market, reputations and informal mechanisms
Joint Statement of Constitutional Law Scholars – U of Michigan Reaffirming
Diversity
 In 1978 Bakke versus California = race can be considered in administrative
policies
 In 2003 Grutter versus Bollinger – upheld constitutionality of higher
education affirmative policies at U or M
 In Gratz versus Bollinger – court held U of M undergrad policy put limitations
because was inflexible (quotas)
 Student body diversity a compelling interest
 Should be a plus factor versus a quota
Cigler Ch 14
 Deborah Stone – Stories
 Stories of decline and stories of control
o Story of decline = beginning good, then decline, crisis if nothing is
done; variation is stymied: story things bad, then got better thanks to
hero, but bad again because hero is being interfered (regulation, etc.);
another variation is change-is-only-an-illusion
o Story of control = sit bad, always thought out of our control but here is
what we actually can do (ex. Environmental); a variation is conspiracy
variant: idea that the solution was hidden from us (Nader); or blamethe-victim (welfare moms); all assume a choice
 Pietro Nivola – New Pork Barrel
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New pork reflects kind of politics that benefit organization interest but not
society at large
 Takes form of unfunded mandates and regulatory programs and public
facilitation of private lawsuits
 Regulatory pork barrel – scope broader than the old version of pork
o Can use rights argument = right to clean water, etc.
 Old pork at least fiscally visible, new murky
 Productivity and income would have gone up fast without new pork
 Need more fine tuning, expand CBO to look at societal gains/losses, issue of
legal benefiting
Eric Cohen
 In 2003 – medicare D – subsidies for prescription drugs
 Medicare Modernization Act (MMA) 2003 = includes Medicare D
 In 2006 = doughnut hole
 Conservatives – fear waste/inefficiency, cripples pharmaceutical industry,
lakes away resources for other sectors
 Liberals = only government run can ensure coverage for all seniors,
pharmaceutical companies too profitable/manipulation, see HC as a right
 Prescription coverage less of a problem than painted – more political the
medicare crisis permanent
Ivo H Daalder and James Lindsay
 The Bush revaluation = unilateralism and should use strength to change status
quo
o Ad hoc coalition of the willing (multilateralism a la carte)
 Did not begin with 9/11 but on campaign trail
 Most give credit to neocons in administrations, led by secretary of defense
Wolfowitz
o Issue most weren’t neocons (Cheney and Rumsfeld)
o Also underestimates Bush
 Issues with revolution = arrogance born of power, not principle; second wrong
that America unbound is key to US security
o Others didn’t follow American lead
Paul Pillar
 Iraq war – breakdown between intelligence gathering and policymaking
 FINISH!!
Public Policy:
Gillon: American Exceptionalism and Unintended Consequences
 Chaos theory
 In 1960s LBJ social projects – war on poverty conservatives argue “trapped” poor in
welfare trap
 Race relations – Brown versus Board – spawned affirmative action and reacial
gerrymandering
 Vietnam war – promote democracy and US image backfire
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Unintended consequences of liberal social legislature in 1960s – souring of public
mood of growing public cynicism
 Unintended consequence – key conservative theme
 Social legislative tripped up by the invisible foot
Issues with indiction of government activism
 1) Compromising/negative of legislative crafting leaves bills vague – hard to
figure out intent (legal textualism – judges should limit selves to interpretation
only the intent captured in actual language of the law)
 2) Unintended consequences not always bad – GI bill, WIC, internet, medical
research
 3) Fail to recognition that government that government can play a positive
role and ignores that laws sometimes perform as intended – social security,
civil rights act, pollution control; unintended consequences when occur, exit
on margins usually and don’t undermine principal goal
 4) Unintended consequences can plague any attempt to challenge status quo –
liberals or conservatives – false belief created good government by tearing it
down – ex. Deregulation, especially banking deregulation failure
Heart of problem of unintended consequences is a paradox – citizens look to DC for
solutions to complex problems but reluctant to give govt power needs to address them
 Fear public power as threat to liberty – rooted in revolution tradition and
shown in separation of powers – operationally liberal but philosophically
conservative = push and pull
 Respond to push and pull by constructing a haphazard administrative state that
struggles to satisfy demands = iron triangle, incoherent organization, sub govt;
fragmented power
 Issues = faith in ability to solve social problem – populist impulse, moral
indignation about gaps between American ideals and practice
o Pressure legislative for quick/easy answers
 Ex. Post Watergate legislative – war powers act, etc. were effective; others
backfired
Skocpol/Campbell – State Formation and Social Policy
 Avoid paternalists, welfare state – insurance for the good of the bread winning
industrial workers; instead maternalists welfare state – female dominated public
agencies for good of women/children
 Theories
 1) Logic of industrialism – nation states respond to growth of cities/industries
by creating public measures to help cope – issue with theory =
urbanization/industrialization cant explain timing
 2) National values – industrial school and national values to explain variation
= laissez faire liberal values = cant explain US civil war benefits and benefits
for mother/kids
o Also social security was less in accord with values than government
commit to full employment would have been
 Approaches looking at political contributions
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1) Welfare capitalism – business preceded public sector in evolving policies
for stabilizing/planning employment – issue because business groups opposed
social security
 2) Political class struggle – points to weakness of working class organize, lack
of labor based party – argues capitalists able to prevent government from
reshaping labor markets or interfere with private business
Look at state formation
 Tudor polity – coined by Huntington – fusion of functions and division of
powers in US
 Dominance of party system and federalism
 Participatory localism – because no dominant church or bureaucracy
 During bureaucratized/professionalization of US, progressive didn’t want to
support universal old age/working insurance because reinforce party
patronage
 US institutions and social groups
o No working class party
 FINISH!
Politics After 9/11
Rudalevige: Tidal Wave
 Sept 11 a tidal wave in building up presidential power
 Only one dissenting vote to allow Bush all necessary and appropriate force – WPR
 National security strategy of US – preemption
 Legal argument for Iraq = executive commander in chief, September 14 resolution,
and resolution from first gulf war
 Last two are on shaky legal ground
 Intelligence community – renewed freedom of covert action
 In 1942 – supreme court case Ex Parte QUirin – non-military enemy combatants from
WWII
 War and spending powers were expanded by presidential fiat and congressional
delegation – prosecution of the war followed a similar pattern
 Presidents broad claims of inherent authority to designate even American
citizens as enemy combatants and thus no habeas corpus
 Created Department of Homeland security Nov 2002 – president has great powers
over this, limited congressional oversight
 Patriot act – created a host of new federal crimes and enhanced penalties for others;
extended government surveillance powers as well
 FISA wall – between counterintelligence and criminal cases
 Many worried FISA procedures being used in patriot act evaded Fourth
Amendment protections of unreasonable searches
 Neither FBI or CIA had much interest in sharing information – bureaucratic culture
 Domestic security enhancement act (dubbed patriot II) 2003 = would have provided
for greatly expanded wiretapping in criminal investigations of citizens as well as
aliens
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
Claim that US citizens could voluntarily lose citizenship by serving in a
hostile terrorist organization
 Not enacted!
Bush claimed right to designate enemy combatants – didn’t have to be charged with
specific crimes or represented by an attorney; could be held indefinitely without trial
 Challenged by Hamdi case and by Padilla case
o Set aside Padilla case because of technical grounds; dealt with Hamdi;
8 justices agreed that the administration overstepped its constitutional
bounds
o Dissenting – Scalia wrote the authorization for Use of Miltiary Force
on sept 14 authrotized congressional delegation on habeas corpus
Credibility gap emerged
Louis Fisher: The War Power
 Presidential war powers increase as they look to UN and NATO rather than Congress
 President commands troops, but congress provides them; congress declares war and
president wages it
 Article I, section II – president commander in chief of the army, navy and militia
 Federalist 69 Hamilton = supreme command and direction of the military and
naval force
 Two values = executive discretion and legislative limits
 Only five wars have been declared; can also authorize wars as did with Iraq in
1991 and 2002
 Gubernaculum – emergency or extraordinary powers available to the executive =
executive prerogative and inherent presidential powers argument
 Lincoln – more important to preserve that observe constitution in Civil War;
suspended habeas corpus in Merryman case
 Roosevelt in WWII – case of Korematsu (1944) – Japanese detention centers
 Truman in Youngstown Steel versus Sawyer 1952;
 Idea of defensive wars
 Idea of shrinking globe been part of conceptual shift of enlargement of presidential
powers
 War Powers today:
 President to act unilaterally for 90 days but congressional approval is required
after that
Crenson and Ginsberg: Making the president Imperial
Dye: Institutional Elites in America
Domhoff: Class and Power in America
Lipset: Double Edged Sword
Polsby: Constitutional Angst
Ginsberg and Shefter: Electroal Decay and Institutional Conflict