Study Guide

Study Guide
to accompany
Shea Green Smith
Living Democracy
Second Edition
For National and Texas Editions
Prepared by
Fred Monardi
Community College of Southern Nevada
Longman
New York San Francisco Boston Singapore Madrid Hong Kong Montreal London Toronto Sydney Tokyo Mexico City Munich Paris Cape Town
Study Guide to accompany Living Democracy, Second Edition, by Shea, Green, and Smith. Copyright 2009 Pearson Education, Inc. All rights reserved. Printed in the United States of America. Instructors may reproduce portions of this book for classroom use only. All other reproductions are strictly prohibited without prior permission of the publisher, except in the case of brief quotations embodied in critical articles and reviews. 1 2 3 4 5 6 7 8 9 10OPM11 10 09 08
Longman is an imprint of www.pearsonhighered.com ISBN: 0-136-02768-7
Table of Contents
Chapter 1: American Government: Democracy in Action................................................................ 1 Chapter 2: Early Governance and the Constitutional Framework .................................................. 13 Chapter 3: Federalism........................................................................................................................ 27 Chapter 4: The Judiciary ................................................................................................................... 41 Chapter 5: Civil Liberties .................................................................................................................. 55 Chapter 6: Civil Rights ...................................................................................................................... 71 Chapter 7: Congress........................................................................................................................... 85 Chapter 8: The Presidency ................................................................................................................ 99 Chapter 9: Bureaucracy ...................................................................................................................113 Chapter 10: Political Socialization and Public Opinion ................................................................127 Chapter 11: The Politics of the Media............................................................................................143 Chapter 12: Civic and Political Engagement .................................................................................157 Chapter 13: Interest Groups ............................................................................................................173 Chapter 14: Elections and Participation in America...................................................................... 187 Chapter 15: Political Parties............................................................................................................203 Chapter 16: Public Policy in the United States ..............................................................................217 Chapter 17: Making Economic Policy............................................................................................229 Chapter 18: Foreign and National Security Policy ........................................................................ 247 Chapter 19: The Social and Economic Milieu of Texas Politics ..................................................265 Chapter 20: The Texas Constitution...............................................................................................279 Chapter 21: Interest Groups, Political Parties,, and Elections in Texas ....................................... 293 Chapter 22: The Texas Legislature ................................................................................................. 309 Chapter 23: The Texas Executive and Beauracracy ...................................................................... 325 Chapter 24: The Texas Judiciary .................................................................................................... 339 Chapter 25: Local Government in Texas........................................................................................353 Answer Key...................................................................................................................................... 369
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Copyright 2009 Pearson Education, Inc. Publishing as Longman.
CHAPTER 1
AMERICAN GOVERNMENT: DEMOCRACY IN ACTION

I. Its Your Government A. The Importance of Citizen Participation 1. A distinguishing feature of democracy is the ability of people to influence government. 2. American government should not be viewed as distant, or all powerful, or unchangeable. 3. PoliticsThe process by which the actions of government are determined. 4. Public PolicyWhat government decides to do or not do; government laws; rules or expenditures. B. Our Unique Political System 1. The United States ranks as one of the freest nations in the world. 2. College students have numerous ways they can make a difference in American politics. II. Themes of This Book A. Citizen Participation in Democratic Government 1. There are many ways that people can participate in politics without using violence. 2. While opportunities exist in American democracy, the opportunities are not worth much if people dont participate. 3. Democracy can be slow, inefficient, and conflict ridden. B. Pathways of Action 1. Pathways of ActionThe activities of citizens in American politics that affect the creation, alteration, and preservation of laws and policies. 2. American politics has several pathways, but not all pathways are equal to all. 3. The Pathways a. Elections pathway b. Lobbying decision makers pathway c. Grassroots mobilization pathway d. Court pathway e. Cultural change pathway 4. Diversity in American Society 5. Many political debates have their roots in the history of slavery and discrimination in the United States. 6. The immigration debate is another political issue related to the diversity of the United States. III. Citizen Participation and Pathways: Example of Abortion A. Abortion choice advocates 1. In the 1960s, abortion choice groups attempted to legalize abortion at the state level, but only a few states passed abortion freedom legislation. 1
Copyright 2009 Pearson Education, Inc. Publishing as Longman
B. Abortion choice advocates used the court pathway which resulted in the Roe v. Wade decision. C. Abortion opponents 1. Abortion opponents sought candidates who would favor restrictions on abortion. 2. Abortion opponents also used the lobbying pathway. 3. The grassroots mobilization pathway was used to protest at abortion clinics. D. The abortion related groups would interchange pathways. If one side won a victory at the legislative level, the other group may turn to the court pathway. E. The opposing sides have also sought the cultural change pathway in trying to convince public opinion. IV. Change and Stability in American Government A. Sources of Stability 1. Reverence for the Constitution 2. Reverence for capitalism a. Capitalismeconomic system where business and industry are privately owned and there is little government interference. b. Socialismeconomic systems in which the government owns and controls most factories and owns all or most land. B. Political Culture: The American Creed 1. Political Culturefundamental values and dominant beliefs that are shared throughout society and that shape political behavior and government policies. 2. Alexis De Tocqueville observed the sense of shared values amongst Americans. A sense of shared values provides stability and limits debate to specific issues instead of debates about changing the system. TERMS politics public policy totalitarian governments pathways of action elections pathway lobbying pathway grassroots mobilization pathway court pathway cultural change pathway boycott Roe v. Wade checks and balances capitalism socialism political culture Alexis De Tocqueville 2
USING YOUR UNDERSTANDING 1. Chapter 1 discussed the pathways taken by college students, drunken driving opponents, and abortion related groups. Choose another controversial issue and research the pathways taken by various groups. Why did they choose the pathways that they did? Did the pathways change as a result of victories or defeats? Some issues to study are gun control, same sex marriage, campaign finance, health care, and alternative energy. 2. Examine the country ratings at http://www.freedomhouse.org/. A) Select three countries that were ranked as free (rating of 1 or 2). Why were they considered to be democratic and free? B) Select three countries that were ranked as not free (rating of 6 or 7). Why were they considered to be undemocratic or not free? C) Select three countries that were ranked in the middle (rating of 3, 4, or 5). What characteristics make them more democratic? What characteristics need improvement? FURTHER RESOURCES Bellah, Robert N., Richard Madsen, and William M. Sullivan. Habits of the Heart: Individualism and Commitment in American Life. New York: University of California Press, 2007. De Tocqueville, Alexis. Democracy in America: And Two Essays on America. Trans. Gerald E. Bevan and Isaac Kramnick. New York: Penguin Classics, 2003. Moyers, Bill. Moyers on Democracy: Speeches 20042007. New York: Doubleday, 2008. Putnam, Robert D. Bowling Alone. New York: Simon & Schuster, Limited, 2001. Putnam, Robert D., ed. Democracies in Flux: The Evolution of Social Capital in Contemporary Society. New York: Oxford University Press, 2004. Wilentz, Sean. The Rise of American Democracy, Brief Version. Boston: W. W. Norton & Company, 2009. Capitalism.org. <http://www.capitalism.org/>. Freedom House. <http://www.freedomhouse.org/>. International IDEA: Supporting Democracy Worldwide. <http://www.idea.int/>. World Socialist Movement. <http://www.worldsocialism.org>.
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PRACTICE TESTS Multiple Choice Questions 1. Which of the following countries is classified as not free by the Freedom House rankings? A) Canada B) India C) Mexico D) Kenya E) Saudi Arabia Blooms level: Knowledge Page reference: 6 2. Most western democracies have A) automatic registration. B) compulsory voting. C) turnout below 50% D) turnout above 80% E) all of the above. Blooms level: Synthesis Page reference: 9 3. According to recent research, approximately what percent of Americans follow public affairs most of the time? A) 10 percent B) 20 percent C) 40 percent D) 60 percent E) 80 percent Blooms level: Knowledge Page reference: 9 4. The average American is most likely to participate in which pathway? A) The elections pathway. B) The court-centered pathway. C) The lobbying pathway. D) The cultural change pathway. E) All of the above. Blooms level: Comprehension Page reference: 11
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5. Which of the following is part of the lobbying pathway? A) Volunteering for a reelection campaign B) Writing a letter to a member of Congress C) Voting D) Starting a grassroots campaign E) Filing a lawsuit Blooms level: Application Page reference: 1112 6. Powershift 07 was A) Karl Roves strategy to establish a permanent Republican majority B) the largest student-organized conference on climate change ever held. C) a non-governmental organization campaigning for the abolition of the death penalty. D) an African-American civil rights lobbying group. E) the code name for Barack Obamas presidential election strategy. Blooms level: Knowledge Page reference: 13 7. The power of the judiciary in the United States is A) much weaker and more narrow than in other democracies. B) much stronger and broader than in other democracies. C) very similar to other democracies. D) strictly limited by Congressional statute. E) subject to intense lobbying. Blooms level: Comprehension Page reference: 14 8. One of the first unions in the United States specifically mobilizing African American workers was the A) Steelworkers Union. B) Brotherhood of Sleeping Car Porters. C) Union of Concerned Scientists. D) Brotherhood of Agricultural Laborers. E) American Federation of Labor. Blooms level: Knowledge Page reference: 14
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9. A 1998 decision by the Michigan Supreme Court ruled that a law prohibiting the shouting of profanity was an unconstitutional violation of freedom of speech rights because A) any attempt to limit free speech is necessarily unconstitutional. B) the court had been taken over by liberal activist judges. C) the law did not provide guidance on what constituted profanity. D) the law was unevenly enforced. E) the law applied only in certain public areas. Blooms level: Knowledge Page reference: 14 10. Which of the following campaigns have NOT generally relied on the grassroots mobilization pathway? A) The civil liberties campaign. B) The civil rights campaign. C) The womens rights campaign. D) The anti-war campaign. E) None of the above have relied on grassroots mobilization. Blooms level: Application Page reference: 14 11. Which of the filling lawsuits provides an example of political action? A) Roe v. Wade B) Brown v. Board of Education C) Dred Scott v. Sanford D) All of above are examples of political action. E) None of the above are examples of political action. Blooms level: Analysis Page reference: 14, 18, 20 12. Which of the following is NOT an example of "grassroots mobilization"? A) A boycott of a company or organization B) Circulation of a petition to be sent to government officials C) A lawsuit intended to force government action D) A voter registration drive E) All of the above are examples of grassroots mobilization. Blooms level: Comprehension Page reference: 15
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13. Women were granted the right to vote in the United States by A) Congressional legislation. B) Presidential decree. C) Constitutional amendment. D) Individual state action. E) Supreme Court decision. Blooms level: Knowledge Page reference: 15 14. The struggle for civil rights in the United States was initiated in the A) grassroots mobilization pathway. B) elections pathway. C) cultural change pathway. D) lobbying pathway. E) court-centered pathway. Blooms level: Analysis Page reference: 1516 15. Which of the following methods has been used to promote diversity? A) The 1964 Civil Rights Act. B) The 1965 Voting Rights Act. C) Court-ordered busing. D) Affirmative action programs. E) All of the above. Blooms level: Knowledge Page reference: 16 16. Which justice did Samuel Alito replace on the U.S. Supreme Court in 2006? A) Sandra Day OConnor B) William Rehnquist C) William Douglas D) Robert Jackson E) John Paul Stevens Blooms level: Knowledge Page reference: 1819
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17. In the eyes of its authors, the Constitution was A) a collection of compromises and ambiguities subject to revision and interpretation. B) a blueprint for the perfect society. C) an immutable and unchangeable system for political authority. D) a document to be revered by future generations. E) all of the above. Blooms level: Analysis Page reference: 20 18. _____ is the economic system based on free enterprise in which individuals compete with each other for jobs, operate privately-owned businesses that may succeed or fail, and focus their efforts on accumulating wealth for themselves and their families. A) Capitalism B) Socialism C) Feudalism D) Communism E) Anarchism Blooms level: Knowledge Page reference: 21 19. Student activists Nick Anderson and Ana Slavin used MySpace and Facebook to raise more than $300,000 and draw significant public attention to the crisis in A) Burma. B) Chiapas. C) Venezuela. D) Zimbabwe. E) Darfur. Blooms level: Knowledge Page reference: 23 20. The U.S. Constitution is important because it A) was the first written Constitution in the world. B) provides the blueprint for government in the United States. C) guarantees political and economic equality in the United States. D) both A and B. E) both B and C. Blooms level: Comprehension Page reference: 24
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True-False Questions 1. According to the Freedom House Index, the majority of countries in the world are classified as free. Blooms level: Analysis Page reference: 6 2. The United States has the lowest level of average voter turnout of any western democracy. Blooms level: Knowledge Page reference: 9 3. In May, 2007, student protests in Venezuela broke out following the decision of the government to increase tuition fees for higher education. Blooms level: Knowledge Page reference: 13 4. Latinos were the nations largest minority group in 2004. Blooms level: Knowledge Page reference: 16 5. The U.S. Congress, the President, the U.S. Supreme Court, and individual state governments have all been involved in defining and changing abortion laws and policies in the United States. Blooms level: Comprehension Page reference: 1819 6. The decision of the U.S. Supreme Court in the Marbury v. Madison case helped to spread slavery into the western territories. Blooms level: Comprehension Page reference: 20 7. Support for capitalism in the United States has remained strong even when the system falls short of its ideals of equal economic opportunity for all Americans. Blooms level: Comprehension Page reference: 21 8. De Tocqueville was an observer and admirer of pluralism and participation in American democracy. Blooms level: Knowledge Page reference: 22
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9. The portrayal of individuals or issues in the popular media can lead to changes in a countrys political culture. Blooms level: Comprehension Page reference: 22 10. Limitations on popular participation can enhance the strength of a political culture by making citizens feel taken care of. Blooms level: Comprehension Page reference: 22 Short Answer Questions 1. List at least four forms of political participation open to the individual. Blooms level: Knowledge Page reference: 4 2. Explain the outbreak of the American Civil War using the concept of pathways of action. Blooms level: Application Page reference: 1015, 24 3. What are the most important factors explaining the success of lobbying efforts? Blooms level: Evaluation Page reference: 1112 4. What are the most important causes of the episodes of public disorder and violence that erupt periodically in urban neighborhoods? Blooms level: Analysis Page reference: 2021 5. Define political culture. Can you think of three elements of American political culture unique to the United States? What are they? Blooms level: Comprehension/Synthesis Page reference: 2223
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Essay Questions 1. Give a specific example of a way in which government has affected your choices, plans, or expectations. How has this experience shaped your attitudes toward government and political power? Blooms level: Application Page reference: 35 2. One of the great ironies of American democracy is the general trend that while opportunities for political participationespecially for votinghave increased, actual participation has declined. What factors do you think account for this paradox? Blooms level: Analysis Page reference: 810 3. Identify an issue you feel strongly about. Explain how you might affect political change using the various pathways of action. Blooms level: Application Page reference: 1015 4. How has the diversity of the American political and cultural landscape changed since the early days of the country? What impacts, both positive and negative, have these changes brought? Blooms level: Evaluation Page reference: 1517 5. What are the most important sources of the stability of the American political system? In your opinion, is the American political system more or less stable than it was twenty years ago? Why? Blooms level: Evaluation Page reference: 2022
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CHAPTER 2
EARLY GOVERNANCE AND THE CONSTITUTIONAL FRAMEWORK

I. The Nature of Government and Politics A. The Difference Between Politics and Government 1. Government is the formal structures and institutions through which binding decisions are made. 2. Politics is the process by which the actions of government are determined. B. Types of Law 1. Civil LawA body of law that applies to private rights such as ownership of property or the ability to enter into contracts 2. Criminal LawA body of law that applies to violations of rules and regulations defined by government. C. The Difference Between Power and Authority 1. PowerThe ability to exercise control over others and to get individuals, groups, and institutions to comply. 2. AuthorityThe recognized right of a particular individual or group, or institution to make binding decisions for society. II. Types of GovernmentsA list of definitions and examples are in Table 2.1. III. Early Governance in America A. Mayflower compact 1. The Mayflower Compact was an agreement among Pilgrims and nonPilgrims outside the jurisdiction of English rule. 2. The Compact was a system of laws, not government by one person. B. English colonies 1. Most other colonies were established by a charter from England and were under the rule of the King. 2. Colonial assemblies were established to advise the royal governors. C. Controversy in the Colonies 1. Divisions occurred between the landed elite and non land holders. 2. The King and the British Parliament sought to tax the colonists for the cost of the French and Indian War. 3. Although the taxes were not considered to be too high, the colonists became suspicious of potential corruption and tyranny. IV. The American Revolution A. Ideological Basis 1. John Locke wrote about social contract theory. Legitimate governments must have the consent of the governed. Governments needed to protect natural rights. 2. Adam Smith argued that government must be limited in order to protect the economic rights of citizens.
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3. John Adams wrote about liberty and patriotism. 4. Thomas Paine argued for complete independence from Great Britain. A. The Declaration of Independence 1. Thomas Jefferson relied on the ideas of social contract theory espoused by John Locke and Thomas Hobbes. 2. The Declaration also listed the abuses of the British rule so as to rally colonialists who were unsure of rebelling against the King. V. Articles of Confederation A. Limitations of the Articles of Confederation 1. National government did not have the power to collect taxes. 2. National government could not regulate commerce. 3. National government could not conduct foreign policy with a unified voice. 4. Unanimous consent of all the states to change the Articles was too difficult. 5. No executive branch at the national level. 6. Neither the state of Massachusetts nor the national government could quell Shays Rebellion. B. Shays Rebellion: An Alternative Look 1. An alternative interpretation of Shays rebellion is that the violence occurred because Shay and his supporters had no other pathways. 2. The Framers were not only concerned about the violence of Shays rebellion. Since most Framers, were part of the economic elite, they were concerned that the democratic majority of farmers would hurt their economic interests. VI. The Constitutional Convention A. The Constitution that was devised in 1787 was not only the result of certain philosophical principles, but of political compromises made at the convention. B. The Great Compromise 1. One of the most heated debates had to do with the representative schemes proposed by the Virginia Plan and the New Jersey Plan (Tables 2.3 and 2.4). 2. The Great Compromise (or Connecticut compromise) took elements of both plans to create a bicameral legislature. 3. The bicameral legislature would consist of a House or Representatives based on population size. The US Senate would have two Senators from every state, regardless of population size. C. The Three Fifths Compromise 1. The northern and southern states disagreed on who should be counted in the population to determine the number of representatives from each state. 2. Southern states wanted to include slaves for representation purposes in order to gain more power in the House of Representatives. Northern states objected. 3. The compromise was to count slaves at three-fifths of a person when counting the population. D. The Sectional Compromise 14
1. Northerners wanted Congress to need a simple majority to regulate commerce, instead of the Southern proposal of two thirds. 2. Southerners agreed to the simple majority for regulating commerce when Northerners agreed to that the Atlantic slave trade would continue for another twenty years. VII. The U.S. Constitution A. Core Principles 1. Three Branches of Governmentlegislative, executive, and judicial dividing power would make corruption more difficult. 2. Separate Institutions Sharing PowerEach branch had specific powers but each branch would be partially dependent on other branches. 3. Checks and BalancesEach branch can review and sometimes restrict the actions taken by the other two branches. 4. Representative RepublicanismInstead of a direct democracy, the Framers wanted elected officials to make decisions at the national level. 5. Federalismpowers and functions are divided among different layers of government, such as national, state and local governments. 6. Reciprocity Among the StatesPeople who move to a state or who are visiting a state would be treated equally. 7. A Fixed System Open to Change a. The Framers did not want a Constitution that would be easily changed because of fluctuations in public opinion. b. Amendments to the Constitution can be added with a two-thirds majority of the House and the Senate and then a three-fourths majority of the states. 8. Bill of Rightsfirst 10 Amendments to the Constitution protecting civil liberties. These were not part of the proposed Constitution but were soon after proposed and ratified. VIII. The Struggle Over Ratification and Other Challenges Faced by the New Nation A. The Federalist Papers 1. Written by Madison, Hamilton, and Jay 2. The essays were used to convince people of the need for a new constitution. 3. Federalist #10 provides a justification for why more power at the national level was critical. 4. Federalist #51 provides the rationale for separation of powers. 5. The Federalist Papers are still relevant today in helping to understand the intent of the Framers. B. The Anti-Federalist Response 1. The Anti-Federalists criticized the stronger national government and the initial lack of a Bill of Rights. 2. The Anti-Federalists espoused the virtues of direct democracy and smaller state and local governments. 3. The Anti-Federalists were able to convince the Federalists and the public of a need for the Bill of Rights. 15
C. A Second Revolution? 1. The election of 1800 led to the peaceful transfer of one party to another. 2. The notion of a legitimate opposition became accepted. 3. The idea of a permanent privileged class would not be accepted. D. Jacksonian Democracy 1. Although Andrew Jackson had more popular votes and a plurality of Electoral College votes in 1824, a backroom deal led to the Presidency of John Quincy Adams. 2. In 1828, a significant wave in turnout helped Andrew Jackson win the Presidency. 3. The 1828 election encouraged the notion of using elections as a pathway. TERMS government politics civil law criminal law power authority monarchy constitutional monarchy oligarchy pluralism democracy republic representative democracy totalitarian regime authoritarian regime constitutional government Pilgrims Mayflower compact French and Indian War Great Squeeze Acts of Fair Trade Coercive Acts Intolerable Acts John Locke Adam Smith Stamp Act Congress Thomas Paine Common Sense Edmund Burke Declaration of Independence natural rights 16
social contract theory Thomas Hobbes Articles of Confederation Shays Rebellion Constitutional Convention Virginia Plan New Jersey Plan The Great Compromise The Three-Fifths Compromise The Sectional Compromise Atlantic slave trade commerce clause three branches of government checks and balances representative republicanism amendment process Bill of Rights Federalists Anti-Federalists Federalist Papers Federalist #10 Federalist #51 Jacksonian Democracy USING YOUR UNDERSTANDING 1. Read the Constitution of one other democratic nation. Describe at least one similarity and one difference in terms of legislative branch, executive branch, and judicial branch between the US and the nation you chose. For example, compare how officials are elected, or terms of office or powers of specific offices. Please be aware that some countries may not have one or more of the branches of government that the US has. Also, most countries have different names for their institutions. For example, the US refers to the legislative branch as Congress. Many countries call their legislative branch Parliament. In addition to the comparison and contrast, describe two items that you found interesting. Explain why you found that interesting or surprising. 2. Read some of the criticisms and controversies of the Constitution at the time of the Constitutional Convention and during the time of the ratification process. Various sources can be found in the library or on the Internet. As mentioned in the text, one source of criticism came from the Anti-Federalists who also wrote the Anti-Federalist papers. Another source of commentary came from Thomas Jefferson. Thomas Jefferson was not at the constitutional convention because he was the ambassador to France at the time. James Madison and Jefferson exchanged letters discussing the proposed Constitution. Jefferson liked some aspects, but not others. Another source of 17
information are the notes Madison kept at the Constitutional Convention. He transcribed many of the debates that took place at Independence Hall in Philadelphia. Are any of the controversies or criticisms mentioned back in the 1780s and 1790s relevant today? FURTHER RESOURCES Amar, Akhil R. The Bill of Rights: Creation and Reconstruction. New Haven, CT: Yale University Press, 2000. Amar, Akhil Reed. America's Constitution: A Biography. New York: Random House Trade Paperbacks, 2006. Bailyn, Bernard, ed. The Debate on the Constitution Pt. 1: September 1787February 1788. New York: Library of America, 1993. Levy, Leonard W. Origins of the Bill of Rights. New Haven, CT: Yale University Press, 2001. Paine, Thomas. Paine, Collected Writings: Common Sense; the Crisis; Rights of Man; the Age of Reason; Pamphlets, Articles and Letters. Ed. Eric Foner. New York: Library of America, 1995. Rakove, Jack N. Original Meanings: Politics and Ideas in the Making of the Constitution. New York: Vintage, 1997. Reynolds, David S. Waking Giant: America in the Age of Jackson. New York: Harper Collins, 2008. Wood, Gordon S. Revolutionary Characters: What Made the Founders Different. New York: Penguin (Non-Classics), 2007. Avalon Project: Notes on the Debates at the Federal Convention. Yale University. <http://avalon.law.yale.edu/subject_menus/debcont.asp>. Constitution Finder. University of Richmond. <http://confinder.richmond.edu/>. Thisnation.com. <http://www.thisnation.com/>. Thomas Jefferson Digital Archive. University of Virginia. <http://etext.virginia.edu/jefferson/>.
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PRACTICE TESTS Multiple Choice Questions 1. Which of the following political actors is most accurately thought of as a part of government? A) The federal bureaucracy B) Political parties C) Public opinion D) Interest groups E) None of the above are part of the government Blooms level: Knowledge Page reference: 32 2. The Preamble to the Constitution includes the statement a more perfect union. To what is the Constitution referring? A) the fact that perfection is not possible B) the challenge is to strive towards an open, free, and just system C) the expansion of democracy westward D) both A and B E) both B and C Blooms level: Knowledge Page reference: 34 3. Canada, the United Kingdom, and the United States are examples of A) monarchies. B) pluralist societies. C) oligarchies. D) authoritarian systems. E) pure democracies. Blooms level: Knowledge Page reference: 35 4. British policies that led to the casual enforcement of trade laws with the hopes of great economic gain were referred to as A) tributary custom. B) salutary neglect. C) customary practice. D) taxation without representation. E) sufficient efficacy. Blooms level: Comprehension Page reference: 37
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5. The company that was given a monopoly on importing tea into the American colonies by the British in the early 1770s was the A) West Caribbean Collective. B) East India Company. C) East Asia Company. D) North America Company. E) Hudson Bay Company. Blooms level: Knowledge Page reference: 38 6. The Declaration of Independence is widely regarded today as one of the best arguments in favor of A) social contract theory. B) capitalism. C) just law theory. D) political realism. E) conservatism. Blooms level: Application Page reference: 41 7. Why did American public support for the Continental Army lag throughout the revolution against England? A) The public was confident of an American victory. B) Most Americans supported the British cause. C) A lack of information about the war meant that the public was unaware of conditions. D) A majority of Americans were deeply suspicious of professional armies. E) Most Americans felt apathetic about the war. Blooms level: Knowledge Page reference: 41 8. Demonstrating his support for the Revolutionary War, who claimed in 1787 that, the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants? A) George Washington B) Aaron Burr C) Samuel Adams D) Thomas Jefferson E) Thomas Paine Blooms level: Knowledge. Page reference: 43
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9. The Articles of Confederation were officially adopted in A) 1776. B) 1778. C) 1781. D) 1787. E) 1790. Blooms level: Knowledge Page reference: 44 10. Amending the Articles of Confederation required the consent of A) 5 of the 13 states. B) 7 of the 13 states. C) 9 of the 13 states. D) 11 of the 13 states. E) all 13 of the 13 states. Blooms level: Knowledge Page reference: 45 11. The primary lesson drawn from Shays Rebellion was the idea that A) democracy carried risks. B) the national government was too powerful. C) the states needed to maintain strong police forces. D) the right to bear arms needed to be expanded. E) the right to bear arms needed to be restricted. Blooms level: Analysis Page reference: 4546 12. The plan to dump the Articles of Confederation and start from scratch with a new Constitution (rather than revising the old Articles) was advanced at the Constitutional Convention by A) George Washington. B) Edmund Randolph. C) George Clinton. D) Thomas Jefferson. E) Benjamin Franklin. Blooms level: Knowledge Page reference: 48
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13. The New Jersey Plan was supported primarily by A) large states B) small states C) agricultural states. D) industrial states. E) slave states. Blooms level: Comprehension Page reference: 4849 14. Article I, Section 9 of the Constitution prohibited Congress from stopping the importation of slaves from overseas until A) 1796. B) 1808. C) 1819. D) 1832. E) 1899. Blooms level: Knowledge Page reference: 51 15. The idea that each branch of government would be afforded its own specific powers but would also be dependent on the branches of government to carry out its powers is sometimes referred to as A) sharing of powers. B) de jure powers. C) de facto separation. D) limited government. E) the supremacy clause. Blooms level: Knowledge Page reference: 52 16. The ability of Congress to override a Presidential veto is an example of A) relative powers. B) distributional powers. C) checks and balances. D) representative republicanism. E) federalism. Blooms level: Application Page reference: 53
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17. The series of documents supporting ratification of the new Constitution and written under the pseudonym Publius in New York City newspapers was the A) Constitutional Council. B) Federalist Papers. C) Madisonian Papers. D) New World Gazette. E) Poor Richards Almanac. Blooms level: Knowledge Page reference: 57 18. The belief that representative republics must be small and relatively homogeneous if they are to succeed was common to the A) Democrats. B) Republicans. C) Whigs. D) Federalists. E) Anti-Federalists. Blooms level: Comprehension Page reference: 58 19. The most important contribution of the Anti-Federalists was the A) Supreme Court. B) Connecticut Compromise. C) Three-Fifths Compromise. D) Bill of Rights. E) end of slavery. Blooms level: Evaluation Page reference: 59 20. The two leading candidates in the election of 1824 were A) Andrew Jackson and John Quincy Adams. B) Henry Clay and Thomas Jefferson. C) Thomas Jefferson and John Adams. D) Henry Cabot Lodge and John Adams. E) William Howard Taft and John Quincy Adams. Blooms level: Knowledge Page reference: 61
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True-False Questions 1. Abraham Lincoln offered Robert E. Lee command of the Union army during the Civil War. Blooms level: Knowledge Page reference: 32 1. From the British perspective, the imposition of taxes upon the colonists after the French and Indian War were a fair way to get the colonists to pay for the cost of their own defense. Blooms level: Synthesis Page reference: 3637 3. The British colonists in the Americas were the highest taxed peoples in the New World. Blooms level: Comprehension Page reference: 37 4. The shortage of specie, or hard money, was a contributing factor in Shays Rebellion. Blooms level: Comprehension Page reference: 4546 5. The Virginia Plan proposed a Council of Revision, which would have some control over national legislation and an absolute veto over state legislation. Blooms level: Knowledge Page reference: 48 6. In the debate over ratification, the Federalists opposed the new Constitution. Blooms level: Comprehension Page reference: 5658 7. The right of states to maintain the slave system was specifically protected by the 8th Amendment to the Constitution. Blooms level: Comprehension Page reference: 55 8. Because the Constitution is purposely vague, legal scholars and Supreme Court justices sometimes cite the Federalist Papers in their proceedings. Blooms level: Comprehension Page reference: 57
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9. The 27th Amendment limits presidents to two terms in office. Blooms level: Knowledge Page reference: 59 10. Voter turnout throughout the middle of the 1800s often exceeded 80%. Blooms level: Knowledge Page reference: 61 Short Answer Questions 1. It might be said that Congress has both power and authority, while bureaucracies have power but lack authority. What do power and authority mean in this context? Blooms level: Knowledge Page reference: 32 2. Prior to the American Revolution, what were the most important institutions of American government? What pathways of action were open to American colonists? Blooms level: Analysis Page reference: 3637 3. List and explain two specific ways in which John Lockes political theory helped to shape American democracy. Blooms level: Analysis/Evaluation Page reference: 3841 4. Assess the implications of Shays Rebellion on American democracy. Blooms level: Evaluation Page reference: 4546 5. How did the Federalists and Anti-Federalists go about trying to influence the public to accept their respective visions of American government? How did the public debate over the Constitution shape its eventual provisions? Blooms level: Analysis Page reference: 5661
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Essay Questions 1. One of the great ironies of the American Revolution was the maintenance of a system of slavery alongside calls for liberty and equality. Discuss this tension, explaining how the drafters of the Declaration of Independence and the Constitution dealt with it. Blooms level: Application Page reference: 31, 4851 2. Assess the impact of the ideas of John Locke on Thomas Jeffersons vision of the relationship between people and government. Be sure you use specific examples in your answer. Blooms level: Evaluation Page reference: 41 3. The Constitution creates a system that was designed to fail. Explain what this statement means. Do you agree? Why or why not? Blooms level: Application/Evaluation Page reference: 5255 4. Although the Anti-Federalists ultimately lost the debate over ratification of the new Constitution, many of the concerns they raised remain valid today. Explain this statement with reference to at least two contemporary debates in American politics. Do you agree with this assertion? Why or why not? Blooms level: Application/Evaluation Page reference: 5659 5. The election of 1800 is sometimes called the second revolution. What do the figures (refer to p. 60 in your text) tell us about the election? Why was it so contentious? What issues were addressed as a result of the election? Blooms level: Synthesis Page reference: 6061
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CHAPTER 3
FEDERALISM
I. Dividing Governmental Authority A. Types of Governmental Authority Systems 1. Unitaryall ruling authority rests in a single national government. 2. Federalpower is divided among different levels of government. B. Advantages of Federalism 1. Another check against the potential abuses of state and local governments. 2. Laboratories of Democracypolicy experimentation C. Disadvantages of Federalism 1. Difficult to manage. 2. Confusion on which level of government has authority. D. Historical Reasons for Federalism in the United States 1. CompromiseFramers wanted a stronger national government but knew that the Constitution would not be ratified if states lost too much power. 2. Montesquieu a. French philosopher that influenced the Framers b. Montesquieu argued that a large national government would be needed to fend off external attacks, but other issues of governing could be done at the local level. 3. Geographic, cultural, and economic diversity. II. The Evolution of Federalism in the United States A. Before the Civil War 1. McCulloch v. Maryland (1819) a. Dispute was whether the state of Maryland could tax a national institution (a federally chartered bank). b. Maryland argued that federal government did not have the power in the Constitution to charter a bank. c. Chief Justice Marshall and the Court argued that the necessary and proper clause in Article I implied that Congress can do more than just the powers specifically mentioned in Article I. 2. Theories of federalism before the Civil War. a. Dual FederalismState governments and the national government were equally authoritative. b. Doctrine of NullificationA state could declare a national law null and void. c. Doctrine of SecessionStates could choose to withdraw from the United States if they had profound disagreements with the national government.
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B. Federalism after the Civil War. 1. Civil War Amendments a. 13th Amendmentbanned slavery b. 14th Amendmentsought to limit states authority to interfere with certain rights of individuals without due process of law or the equal protection of the laws. c. 15th AmendmentStates could not deny the right to vote on the basis of race, color, or previous servitude. d. These amendments were not vigorously enforced for almost a century. 2. In the late 19th century, Congress started passing economic regulation and social welfare legislation. a. Interstate Commerce Act b. Sherman Anti-Trust Act 3. The Supreme Court frequently ruled many congressional laws with a narrow interpretation of the commerce clause. C. Federal Power: The Supreme Court and the New Deal 1. The New Deal was a set of initiatives to stimulate the economy during the Great Depression. 2. The Supreme Courts narrow interpretations of the commerce clause lead to the Court striking down many New Deal initiatives as unconstitutional. 3. Although Roosevelts court packing plan was rejected, it did make some justices reconsider their interpretation of the commerce clause. 4. By the late 1930s, the Supreme Court had several new members and was more open to a flexible interpretation of the Constitution. 5. The new interpretations led to greater federal involvement in the area of civil rights. III. Past Trends in Federalism A. The New Deal and Cooperative Federalism 1. Cooperative Federalismthe belief that state and local governments should work together to solve problems. 2. The era of dual federalism was like a layer cakethe two layers of government were separated. The era of cooperative federalism is like a marble cakemost policy areas have a mixture of national and state government involvement. B. The Great Society and Creative Federalism 1. The Great Society programs consisted of federal aid to state and local governments or citizen groups to fight racial discrimination and poverty. 2. Funds would be withheld if state or local governments were not cooperative. 3. State and local governments became more dependent on federal aid.
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C. The Changing Nature of Federal Grants 1. Grants-in-aid a. Federal funds given to governmental units for specific projects. b. Grants-in-aid help to equalize services across states and localities. 2. Categorical grantsFederal assistance for very specific purposes. Governmental units have very little discretion on how funds are used. a. Formula grantsThe amount given to states or localities depends on formulas that consider factors such as population size, demographic factors, economic data, or poverty rates. b. Project grantsFederal grants awarded on the basis of competitive applications. 3. Block grantsFederal grants to be spent in a certain area (such as education or transportation) but governmental units have more discretion and flexibility on how the money is spent. IV. Recent Trends in Federalism A. Dillons Rule versus Home Rule 1. Dillons ruleLocal governments can only rule in areas specifically permitted by state governments. 2. Home ruleLocal governments can do anything for their residents as long as it is not explicitly prohibited by state law. B. Devolution 1. A movement to transfer power from the federal government to state and local governments. 2. Motivations for devolution a. Ideological belief that smaller level of government can provide services better than the national government. b. Increasing federal deficits 3. Criticisms of devolution a. Inequality between states and among citizens would be increased. b. A weak state economy could prevent states from funding programs such as health and education. C. The Supreme Courts Shift in Perspective 1. From the 1930s to the 1990s, the Supreme Court broad interpretation of the commerce clause justified a growing national government. 2. In the 1990s and 2000s, the Supreme Court has attempted to narrow the meaning of the commerce clause and revive the 10th amendment. TERMS unitary system federal system confederation laboratories of democracy sovereignty 29
McCulloch v. Maryland (1819) necessary and proper clause dual federalism cooperative federalism doctrine of nullification doctrine of secession 13th Amendment 14th Amendment 15th Amendment Interstate Commerce Act Sherman Anti-trust Act monopolies New Deal Court packing plan Great Society Grants-in-Aid categorical grants formula grants project grants block grants Dillons rule home rule special governments devolution USING YOUR UNDERSTANDING 1. Select a specific policy area in which states play a significant role. Some examples include health, safety, and education. What is your states role in that policy area? Does your state allow for some discretion at the local level? Does your state or local governments receive federal grants to help fund programs in this policy area? Has the federal government mandated certain policies for the state as a condition of federal funding? After examining the role of all level of governments, what level of government has the greatest amount of power in that policy area? Do you think a different level of government should have more power? Why or why not? 2. Select a specific policy area that is currently a major concern for your state. What are the major issues that are being debated? What are the specific solutions being proposed? What laws have recently passed or policies have recently been implemented? What political interests are or have been involved? Examine that policy area in at least two other states. Are the problems different? Are the issues and the political interests different? What specific laws have been passed or policies implemented in those states to address those issues?
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FURTHER RESOURCES The Book of the States. Lexington, KY: Council of State Governments, 2004. Elkins, Stanley M., and Eric L. McKitrick. The Age of Federalism. New York: Oxford University Press, 1995. Gerston, Larry N. American Federalism: A Concise Introduction. Danbury: M. E. Sharpe, 2007. Miller, Lisa Lynn. The Perils of Federalism: Race, Poverty and the Politics of Crime Control. New York: Oxford University Press, 2008. Peterson, Paul E. The Price of Federalism. Washington DC: Brookings Institution Press, 1995. Schram, Sanford F., and Samuel H. Beer, eds. Welfare Reform: A Race to the Bottom? Princeton, New Jersey: Woodrow Wilson Center Press, 1999. Winston, Pamela. Welfare Policymaking in the States: The Devil in Devolution. Washington DC: Georgetown University Press, 2002. Council of State Governments. <http://www.csg.org/>. National Conference of State Legislatures. <http://www.ncsl.org/>. Stateline.org. <http://www.stateline.org/>.
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PRACTICE TESTS Multiple Choice Questions 1. Systems of government in which political power and authority is located in one central government that runs the country and may or may not share power with regional subunits are referred to as A) unitary. B) confederal. C) federal. D) plural. E) sovereign. Blooms level: Knowledge Page reference: 72 2. The most common system of government in the world today is the ____ system. A) unitary. B) confederal. C) federal. D) authoritarian. E) communist. Blooms level: Knowledge Page reference: 73 3. The idea that power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments was described by Madison as A) political reformation. B) diversification. C) liberty security. D) double security. E) double movement. Blooms level: Comprehension Page reference: 74 4. McCulloch v. Maryland centered on the controversy created by A) the movement of slaves across state lines. B) the invalidation of a Maryland election by the federal government. C) Marylands efforts to tax the Second Bank of the United States. D) Marylands efforts to invalidate the selection of judges by the federal government. E) the Three-Fifths Compromise. Blooms level: Comprehension Page reference: 7677
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5. As a consequence of the Supreme Courts decision in Cohens v. Virginia, the power and authority of the _____ was increased. A) federal courts B) state legislatures C) state governors D) national legislature E) President Blooms level: Comprehension Page reference: 77 6. The doctrine of _____ stated that each state had retained its sovereignty and could reject national acts in that state. A) dual federalism B) republicanism C) nullification D) absolute sovereignty E) succession Blooms level: Knowledge Page reference: 78 7. The process of nationalizing the Bill of Rights began in the 1920s and 1930s and expanded greatly in the 1960s, drawing heavily on which Constitutional Amendment? A) The Tenth Amendment B) The Twelfth Amendment C) The Fourteenth Amendment D) The Sixteenth Amendment E) The Twentieth Amendment Blooms level: Knowledge Page reference: 79 8. Which of the following was NOT an important socio-economic change which occurred in the decade following the Civil War? A) The economy of the United States shifted from an agrarian base to an industrial base. B) Rapid urbanization. C) Immigration from Europe and East Asia increased. D) Thousands of small companies emerged to challenge the dominance of large monopolies. E) All of the above occurred following the end of the Civil War. Blooms level: Analysis Page reference: 80
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9. In Hammer v. Dagehart (1918), the Supreme Court ruled that Congress lacked the power to A) regulate trade in goods produced by child labor. B) prohibit the sale of illicit drugs. C) regulate firearms. D) establish social security. E) institute a national income tax. Blooms level: Comprehension Page reference: 81 10. Efforts by President Franklin Roosevelt to establish the New Deal were blocked in the 1930s by A) the U.S. Congress. B) the U.S. Supreme Court. C) the states. D) the federal bureaucracy. E) popular referenda. Blooms level: Knowledge Page reference: 82 11. Under American federalism, A) the distribution of power between the states and the national government is written into the Constitution B) the national government retains all power. C) states retain complete autonomy. D) the national and state governments share power, but the state governments can consolidate power whenever they wish. E) the national and state governments share power, but the national government can consolidate power whenever it wishes. Blooms level: Synthesis Page reference: 83 12. Which of the following is an example of a concurrent power in American federalism? A) declaring war B) coining money C) taxation D) conducting elections E) regulating interstate commerce Blooms level: Knowledge Page reference: 83
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13. The system of cooperative federalism is often described using the metaphor of a A) track meet. B) jousting tournament. C) marble cake. D) flowing river. E) garden. Blooms level: Knowledge Page reference: 86 14. The largest area of public expenditure by the federal government under Johnsons Great Society program was for A) urban renewal. B) work training. C) Head Start. D) housing. E) veterans benefits. Blooms level: Knowledge Page reference: 87 15. In 2004, the federal government transferred approximately _____ to state governments in grants. A) $550 million B) $127 billion C) $389 billion D) $418 billion E) $972 billion Blooms level: Knowledge Page reference: 88 16. Devolution refers to the A) limited scope for democracy in the United States. B) transfer of political power from the states to the national government. C) transfer of political power from the national government to the states. D) ability of the states to veto actions of the federal government. E) ability of the national government to veto actions of the states. Blooms level: Knowledge Page reference: 91
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17. There are approximately _____ local governments in the United States. A) 8,000 B) 18,000 C) 58,000 D) 87,000 E) 118,000 Blooms level: Knowledge Page reference: 91 18. The Gun-Free School Zones Act was struck down by the U.S. Supreme Court in its decision in the case of A) Printz v. United States. B) United States v. Morrison. C) United States v. Lopez. D) Tinker v. DesMoines. E) Texas v. Johnson. Blooms level: Knowledge Page reference: 92 19. In both United States. v. Lopez and United States. v. Morrison, the Supreme Court A) strengthened the power of the Congress. B) limited the power of the Presidency. C) strengthened the power of the federal government. D) strengthened the power of state governments. E) expanded the power of the Courts. Blooms level: Synthesis Page reference: 9293 20. In 2004, pro-Western protests broke out in Ukraine. These protests were referred to as the A) Orange Revolution. B) Purple Reforms. C) Pink Protests. D) Peoples Revolution. E) Peoples Protests. Blooms level: Knowledge Page reference: 93
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True-False Questions 1. Following Hurricane Katrina in the Summer of 2005, the director of the Federal Emergency Management Agency (FEMA) was reassigned because of allegations of mismanagement. Blooms level: Knowledge Page reference: 72 2. By the mid-1990s, Supreme Court justices intent on striking a new balance of power in American federalism gained a slim five-to-four majority. Blooms level: Comprehension Page reference: 7273 3. In its McCulloch v. Maryland decision, the Supreme Court prohibited states from undertaking actions which undermined the authority of the national government. Blooms level: Comprehension Page reference: 7677 4. Throughout the Revolutionary War, a strong national government was established in the United States to manage the campaign against the British. Blooms level: Comprehension Page reference: 7677 5. The powers of the federal government gradually expanded after the Civil War. Blooms level: Analysis Page reference: 7981 6. After the Civil War, a series of dramatic socio-economic shiftsincluding rapid urbanization, industrialization, and technological innovationoccurred in the country. Blooms level: Comprehension Page reference: 80 7. Spending on primary and secondary education in the United States has decreased slightly between 1990 and 2005. Blooms level: Knowledge Page reference: 84 8. Ronald Reagans presidency is most strong remembered for Reagans War on poverty program. Blooms level: Knowledge Page reference: 86
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9. Block grants are awarded on the basis of competitive applications rather than being provided according to specific formulas. Blooms level: Comprehension Page reference: 8889 10. In United States v. Morrison, the Supreme Court struck down portions of the Violence Against Women Act of 1994. Blooms level: Comprehension Page reference: 92 Short Answer Questions 1. Explain the idea of double security and provide an example of the idea in contemporary U.S. government. Blooms level: Synthesis/Application Page reference: 7475 2. List three ways in which the period immediately before and after the Revolutionary War affected the development of federalism in the United States. Blooms level: Synthesis Page reference: 7678 3. Describe the limits on the authority of state governments imposed by the Thirteenth, Fourteenth, and Fifteenth Amendments. Blooms level: Synthesis Page reference: 79 4. Compare and contrast Dillons rule and home rule. Which do you think is preferable and why? Blooms level: Analysis/Evaluation Page reference: 90 5. Compare and contrast the historical and contemporary positions of Democrats and Republicans on federalism. Blooms level: Application Page reference: 94
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Essay Questions 1. Compare and contrast federal, confederal, and unitary political systems. What factors do you think might make each system more or less appropriate for a given country? Be sure to provide specific examples in your answer. Blooms level: Analysis/Application Page reference: 7275 2. Assess the role of the U.S. Supreme Court in the evolution of American federalism. Be sure to reference specific court decisions in your answer. Blooms level: Synthesis/Evaluation Page reference: 7684 3. Explain how the shifts in the use of federal funds from 1960 to 2005 (see Figure 3.1 in your text) reflect important changes in the nature of federalism during the same period. Be sure to provide specific examples in your analysis. Blooms level: Analysis Page reference: 84 4. How has the changing nature of federal grants shaped the available pathways of action for state and local authorities? What are the implications of these developments for the future of federalism? Blooms level: Analysis/Evaluation Page reference: 8789 5. What will be the most important trend in American federalism in the next two decades? Support your answer with evidence drawn from the history of American federalism presented in this chapter. Blooms level: Evaluation Page reference: 9094
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CHAPTER 4
THE JUDICIARY
I. Court Structure and Processes A. Types of systems 1. Adversarial a. Used in the US court systems b. Attorneys represent their clients interests and present evidence or arguments. A judge presides. 2. Inquisitorial a. Used by most other countries b. Judge takes an active role in investigating cases and questioning witnesses. B. Trial courts 1. Dual Court System a. Federal and State Court systems b. Table 4-1a summarizes the dual court system. 2. Types of Cases a. Criminal Prosecution b. Civil Lawsuits c. Table 4-1b describes the types of cases at the state and federal level. 3. Many cases are settled with plea bargains or settlements before a trial begins. 4. Trial courts have original jurisdiction, which means they are the first to hear the case, examine the evidence, and decide the case. C. Appellate Courts 1. Appellate courts have appellate jurisdiction, which means they review specific alleged errors at the trial court level. They do not consider new evidence. 2. There are thirteen federal appellate districts in the United States. 3. A multi judge panel considers appellate briefs. 4. Types of Opinions a. Majority opinion b. Dissenting opinion c. Concurring opinion D. The US Supreme Court 1. The Supreme Court has original and appellate jurisdiction. 2. Usually only considers federal cases, but occasionally reviews state Supreme Court decisions if there may be a conflict with the US Constitution. 3. Getting a case to the Supreme Court a. Must be granted a writ of certiorari b. Thousands of cases are appealed to the Supreme Court every year, but writs are granted to less than 100. c. The Rule of Four determines which cases are granted writs. (Four of nine justices must agree.) 41
II. The Power of American Judges A. Judges try to appear non political but do have some political power. B. Constitutional and Statutory Interpretation 1. Judges must interpret vague constitutional provisions. 2. Judges must interpret statutes because legislators cannot foresee every possible situation. C. Judicial Review 1. Judicial review is the power to invalidate actions of other governmental officials if those actions violate the Constitution. 2. While the concept of judicial review is not specifically stated in the Article III, the Supreme Court asserted that power in the Marbury v. Madison decision. D. Federal Judges Protected Tenure 1. The life terms of judges encourages independence but not accountability. 2. Judges can be impeached by Congress if they commit a crime. III. Judicial Selection A. Judicial Selection in the Federal System 1. Judges are chosen by the President and confirmed by the Senate. 2. The norm of senatorial courtesy allows Senators to veto potential nominees to district court appointments in their home state. 3. Filibusters have been used to block some judicial appointments. B. Judicial Selection in the States 1. Partisan elections 2. Non partisan elections 3. Merit Selection or Missouri Plan a. Non partisan committee reviews the qualifications of potential judges and then the governor appoints one of the recommended nominees. b. Judges must then periodically run in retention elections. 4. Gubernatorial or legislative appointment 5. Table 4.4 list states that use the various selection methods. IV. Judges Decision Making A. Lower court judges rely on case precedent in judicial decision making. B. Original Intent 1. The Constitution should be interpreted in accord with the original meaning set forth by the Framers. 2. Critics argue that we cannot know the Framers intent in many cases. C. Flexible Interpretation 1. Justices should interpret the Constitution in light of current policy and legal issues. 2. Critics argue that there is no standard to determine how much flexibility is allowable. D. Political Science and Judicial Decision Making 1. Legal ModelJustices carefully follow established constitutional theories and legal precedents. 42
2. Attitudinal ModelSupreme Opinions are determined by the values of the justices. 3. Rational Choice ModelJustices vote strategically in order to advance goals or to build relationships on the Court. 4. New InstitutionalismInstitutions such as the Courts need to be understood in the larger context of the political system. V. Action in the Court A. Interest Group Litigation 1. Smaller interest groups may find litigation more cost effective in influencing policy than traditional lobbying techniques. 2. Interest groups sometimes find lawyers who will work pro bono. B. Elements of Strategy 1. Interest groups try to find an appropriate test case that may persuade justices of their viewpoint. 2. Interest groups write amicus briefs attempting to have justices consider their viewpoint. VI. Implementation and Impact A. The Supreme Court must depend on other institutions to enforce their decisions. B. Supreme Court decisions can be an important source for policy change. VII. Judicial Policymaking and Democracy A. Critics of judicial policymaking argue that it is undemocratic for nine unelected justices to be actively involved in policymaking. B. Supporters of judicial policymaking argue that the majority can be expressed in elections. However, the unelected Supreme Court can balance the passions of the majority by protecting individual rights. TERMS adversarial system inquisitorial system dual court system criminal prosecutions civil lawsuits jury trial original jurisdiction appellate jurisdiction settlements plea bargains intermediate appellate courts courts of last resort appellate briefs majority opinion 43
concurring opinion dissenting opinion writ of certiorari Federalist #78 case precedents stare decisis statutes judicial review Article III Marbury v. Madison Judiciary Act of 1789 writ of mandamus impeachment court packing plan senatorial courtesy filibuster merit selection retention elections original intent flexible interpretation legal model attitudinal model rational choice model new institutionalism pro bono test case amicus briefs USING YOUR UNDERSTANDING 1. Select one of the cases mentioned in either chapter 3 or chapter 4. Look up the case at the Supreme Court web site. Write an essay responding to the following questions: a. b. c. d. e. What was the case about? Who wrote the majority opinion? Who wrote the minority opinion? Which justices voted in the majority? Which justices voted in the minority? What did the MAJORITY opinion say? Identify 2 parts of the Constitution that were discussed in the majority opinion (Some examples: freedom of speech, search and seizure, establishment clause, commerce clause etc.) f. What did the MINORITY opinion say? g. Identify 2 parts of the Constitution that were discussed in the minority opinion. 2. Follow the progression of a Supreme Court case from the district court level to the appellate court level and then to the Supreme Court. Choose a case from either chapter 3 or chapter 4. 44
Write an essay responding to the following questions. a. Which district court did the case originate? What was the case about? Who was the judge? What was the opinion of the district court judge? b. Which appellate court handled the appeal? Who were the three appellate judges assigned to the case? Did the appellate court overturn or affirm the district court ruling? Why? What was the vote by the appellate panel? What did the majority opinion say? If there was a minority opinion, what did that say? c. When did the Supreme Court issue a writ of certiorari for the case? When was the Supreme Court hearing? How did the nine Supreme Court justices vote? Did the Supreme Court overturn or affirm the appellate court ruling? What did the majority opinion say? What did the minority opinion say? Were there any concurring opinions? FURTHER RESOURCES Breyer, Stephen. Active Liberty: Interpreting Our Democratic Constitution. New York: Vintage, 2006. Ely, John H. Democracy and Distrust: A Theory of Judicial Review. Boston: Harvard University Press, 1981. Greenburg, Jan Crawford. Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court. New York: Penguin Group (USA) Incorporated, 2008. O'Brien, David M. Storm Center: The Supreme Court in American Politics. Boston: W. W. Norton, 2008. Rehnquist, William H. The Supreme Court. New York: Vintage, 2002. Rosen, Jeffrey. The Supreme Court: The Personalities and Rivalries That Defined America. New York: Times Books, 2007. Toobin, Jeffrey. The Nine: Inside the Secret World of the Supreme Court. New York: Anchor, 2008. Woodward, Bob, and Scott Armstrong. The Brethren: Inside the Supreme Court. New York: Simon & Schuster, Incorporated, 2005. Find Law. <http://www.findlaw.com/>. Oyez Supreme Court Media. <http://www.oyez.org/>. US Courts. <http://www.uscourts.gov/>. US Supreme Court. <http://www.supremecourtus.gov/>. 45
PRACTICE TESTS Multiple Choice Questions 1. In the context of the American legal system, original jurisdiction refers to the A) court with the authority to hear the case in the first instance. B) court with the final authority over the case. C) highest court in the country. D) court first created in the United States. E) division of responsibility for cases between the state and federal courts. Blooms level: Comprehension Page reference: 102 2. When the United States legal system is described as a dual court system, it means that A) There are two types of courts: civil and criminal. B) There are two systems of courts: state and federal. C) Criminal defendants may always appeal their decision at least twice. D) Cases are always heard by at least two judges. E) Those accused of a crime may not be convicted unless at least two juries agree on a verdict. Blooms level: Comprehension Page reference: 102 3. An example of a trial court of general jurisdiction is a A) Superior Court. B) Traffic Court. C) State Supreme Court. D) U.S. Court of Appeals. E) Federal Bankruptcy Court. Blooms level: Knowledge Page reference: 104 4. A written argument submitted by lawyers in appellate court cases are generally known as a/an A) appellate brief. B) writ of certiorari. C) amicus brief. D) writ of mandamus. E) merit brief. Blooms level: Knowledge Page reference: 105
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5. A traditional legal order that commands a lower court to send a case forward to the U.S. Supreme Court is known as a/an A) compulsory jurisdiction order. B) writ of mandamus. C) writ of certiorari. D) bill of attainder. E) bill of priority. Blooms level: Knowledge Page reference: 105 6. Decisions of the U.S. Supreme Court become final when the A) majority opinion is written. B) author of the majority opinion is assigned. C) justices cast their vote. D) opinion is announced and published. E) oral arguments are completed. Blooms level: Knowledge Page reference: 106 7. In the 1970s, the Supreme Court broadened its reading of the equal protection clause to include not just racial discrimination but discrimination on the basis of A) sexual orientation. B) national origin. C) citizenship. D) gender. E) age. Blooms level: Knowledge Page reference: 106 8. The legal rule established by a judicial decision that guides subsequent judicial decisions is referred to as A) juridical reassessment. B) reflexivity. C) critical assessment. D) case precedent. E) legal priority. Blooms level: Comprehension Page reference: 108
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9. Cruel and unusual punishment is prohibited by the A) First Amendment. B) Second Amendment. C) Fifth Amendment. D) Sixth Amendment. E) Eighth Amendment. Blooms level: Knowledge Page reference: 109 10. Which of the following is NOT generally a function of the judiciary in the U.S. political system? A) Resolving disputes over contracts and other civil matters. B) Passing judgment on persons accused of committing crimes. C) Providing an avenue for dealing with controversial policy areas. D) Protecting civil rights and liberties. E) Setting the legislative agenda. Blooms level: Comprehension Page reference: 108111 11. After its first use of the power of judicial review in 1803, the U.S. Supreme Court next used the power to invalidate an act of the Congress in its A) 1819 decision in McCullogh v. Maryland. B) 1821 decision in Cohens v. Virginia. C) 1824 decision in Gibbons v. Ogden. D) 1857 decision in Dred Scott v. Sanford. E) 1966 decision in Miranda v. Arizona. Blooms level: Comprehension Page reference: 111 12. Which two post-1960 presidents share the distinction of nominating the fewest women as a percentage of all nominees for the federal courts? A) Richard Nixon and Gerald Ford B) Richard Nixon and Jimmy Carter C) Jimmy Carter and Bill Clinton D) Bill Clinton and George H.W. Bush E) George H.W. Bush and Ronald Reagan Blooms level: Knowledge Page reference: 116
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13. In Atkins v. Virginia, the U.S. Supreme Court ruled that A) imposing the death penalty on mentally retarded murders constituted cruel and unusual punishment. B) whipping prison inmates constituted cruel and unusual punishment. C) teachers paddling public school students with wooden broads did not constitute cruel and unusual punishment. D) the accidental shooting death of an inmate did not constitute cruel and unusual punishment. E) Federal sentencing guidelines were unconstitutional. Blooms level: Knowledge Page reference: 120 14. The rational choice model of judicial decision making argues that A) justices vote strategically in order to advance their preferred goals. B) judicial decisions can only been understood in the larger political context. C) judges look to individual values to make decisions. D) case precedent and theories of interpretation provide the basis for understanding judicial decisions. E) judicial decisions are often irrational and political. Blooms level: Comprehension Page reference: 120 15. As a component of legal strategy, the choice of jurisdiction is important because A) some courts have limited jurisdiction. B) some courts or judges may be more sympathetic to particular values or policy preferences. C) it is more expensive to bring suit in federal courts than in state courts. D) federal courts are more generally more favorable to business interests than state courts. E) all of the above are true. Blooms level: Comprehension Page reference: 124 16. The Supreme Court decided the Brown v. Board of Education case by a vote of A) 5-4. B) 6-3. C) 7-2. D) 8-1. E) 9-0. Blooms level: Knowledge Page reference: 124
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17. An amicus brief A) asks that a higher court call up a case from a lower court. B) limits a defendants rights under particular circumstances. C) transfers jurisdiction from a lower court to the U.S. Supreme Court. D) is an argument submitted by lawyers in an appellate court case. E) overturns a decision of a lower court. Blooms level: Comprehension Page reference: 124 18. President John F. Kennedy dispatched the Army to the University of Mississippi in 1962 so that A) African American faculty could teach. B) African American faculty could not teach. C) African American students could attend. D) African American students could be prevented from attending. E) segregation of the schools facilities could be maintained. Blooms level: Comprehension Page reference: 126 19. The requirement that police officers inform arrested suspects of their Miranda rights was imposed by A) an Executive order of the president. B) Congressional legislation. C) a decision of the U.S. Supreme Court. D) a decision of the Supreme Court of New York. E) the Twenty-Seventh Amendment to the U.S. Constitution. Blooms level: Knowledge Page reference: 127 20. In Korematsu v. United States, the U.S. Supreme Court A) endorsed the detainment of Japanese Americans. B) prohibited the unauthorized detention of Japanese Americans. C) declared restrictions on freedom of speech unconstitutional. D) declared limitations on the right to bear arms unconstitutional. E) incorporated the Third Amendment protections against quartering of soldiers. Blooms level: Comprehension Page reference: 129
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True-False Questions 1. In the United States, the phrase dual court system is used to refer to the existence of two types of courts: trial and appellate courts. Blooms level: Comprehension Page reference: 102 2. Approximately 20 percent of criminal cases in the United States are decided at trial. Blooms level: Knowledge Page reference: 102 3. The U.S. District Court has a specialized federal circuit for patent and trade cases. Blooms level: Knowledge Page reference: 103 4. The highest court to which a case may be appealed is referred to as the superior court. Blooms level: Comprehension Page reference: 103 5. When the U.S. Supreme Court agrees to hear an appeal, it issues a writ of certiorari to order the lower court to send the case forward. Blooms level: Comprehension Page reference: 105 6. All judges who disagree with the majority ruling in a case must write a dissenting opinion. Blooms level: Comprehension Page reference: 105 7. In its 2005 ruling in Kelo v. City of New London, the U.S. Supreme Court stated that local governments cannot force individuals to sell their homes in order to turn the property over to developers. Blooms level: Comprehension Page reference: 112 8. Sitting U.S. Supreme Court justices may be removed from the Court through the Congressional impeachment process. Blooms level: Knowledge Page reference: 112
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9. As an approach to understanding judicial decision making, new institutionalism emphasizes the way in which the courts structures and processes influence its decisions. Blooms level: Comprehension Page reference: 121 10. Before being tapped to serve on as Chief Justice of the U.S. Supreme Court, John Roberts served as deputy solicitor general for George H.W. Bush. Blooms level: Knowledge Page reference: 122 Short Answer Questions 1. What are two reasons why most cases never reach the trial stage of the criminal justice process? Blooms level: Comprehension Page reference: 102 2. Analyze the contemporary composition of the U.S. Supreme Court. What does the courts current composition suggest about the future direction of the Court? Blooms level: Analysis/Evaluation Page reference: 106107; 112 3. Explain the process of appointing judges to the federal courts. What are the most important factors and considerations in the process? Blooms level: Synthesis Page reference: 114117 4. How did opponents of racial segregation use the judicial pathway of action? What other pathways did they use? Blooms level: Application Page reference: 123124 5. Does the court make public policy? How? Be sure to provide specific examples in your answer. Blooms level: Analysis Page reference: 128129
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Essay Questions 1. Discuss the differences between the adversarial and inquisitorial systems of court processes. What are the advantages and disadvantages of each system? Blooms level: Analysis Page reference: 102 2. Assess the impact of the U.S. Supreme Courts decision in the Marbury v. Madison case on the development of checks and balances within the American political system. Blooms level: Analysis Page reference: 110111 3. Discuss the difference between the original intent and flexible interpretation approaches to applying the Constitution to legal controversies. Do you believe that one of the approaches is more useful than the other? Explain. Blooms level: Analysis/Evaluation Page reference: 119120 4. Assess the strengths and weaknesses of the four major models of judicial decision making: legal, attitudinal, rational choice, and new institutionalism. Blooms level: Evaluation Page reference: 120121 5. In your opinion, has the importance of the judiciary as a pathway of political action increased or decreased over the course of the last thirty years? Provide specific evidence to support your answer. Blooms level: Evaluation Page reference: 126129
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CHAPTER 5
CIVIL LIBERTIES
I. Civil Liberties and Civil Rights A. Civil Libertiesindividuals freedoms and legal protections that cannot be denied by the actions of government. B. Civil Rightslegal protections concerning equality and citizens participation in the countrys democratic governing processes II. The Bill of Rights in History A. Early Interpretation of the Bill of Rights 1. Most early Supreme Court cases did not deal with individual rights but with the relationship between institutions of government, i.e. separation of powers or federalism. 2. In Barron v. Baltimore (1833), the Supreme Court ruled that the Bill of Rights applied only to the national government and not state governments. B. The Incorporation Process and the Nationalization of Constitutional Rights. 1. The Fourteenth Amendment (1868) provided legal protections for all individuals against actions by state and local officials. 2. The Due Process ClauseA statement of rights in the Fifth Amendment and the Fourteenth Amendment that protects against arbitrary deprivations of life, liberty, or property. 3. For several decades after the passage of the Fourteenth Amendment, the Supreme Court did not specify the protections provided by the due process clause. 4. In Gitlow v. New York (1925) the Court first ruled that the First Amendment right to free speech is included in the Fourteenth Amendments due process clause. In other words, the right to free speech could not be denied by state and local government officials. 5. IncorporationA process used by the Supreme Court to protect individuals from actions by state and local governments by interpreting the due process clause of the Fourteenth Amendment as containing selective provisions of the Bill of Rights. The cases that incorporated the Bill of Rights are listed in Figure 5.1B. III. First Amendment Rights: Freedom of Religion A. Religion and the First Amendment 1. Establishment clauseClause in the First Amendment that guarantees freedom from religion by providing a basis for Supreme Court decisions limiting government support for and endorsement of a particular religion. 2. Free exercise clauseClause in the First Amendment that guarantees freedom to practice ones religion without government interference as long as those practices do not harm other individuals or society.
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B. Establishment of Religion 1. Separationist viewGovernment must avoid contacts with religions, especially those that lead to government support or endorsement of religious activities. 2. Accomodationist viewpermits support for religion and associated activities, such as financial aid to non-religious aspects of education 3. Engel v. Vitale (1962)public school practice of starting each day with a teacher led prayer violates the establishment clause 4. School District of Abington Township, Pennsylvania v. Schempp (1963) Reading the Lords prayer or reading the Bible over the public address system violated the establishment clause 5. The court in these cases argued that the practices were improper endorsements by government of religion and pressured non-believers and minority religions. 6. Lemon v. Kurtzman (1971)The Lemon Test a. Does the law or practice have a secular or non-religious purpose? b. Does the primary intent or effect of the law either advance or inhibit religion? c. Does the law or practice create an excessive entanglement of government and religion? C. Free Exercise of Religion 1. West Virginia v. Barnette (1943) a. Reversed the decision in Minersville School District v. Gobitis (1940) b. A public school could not punish a student for not reciting the Pledge of Allegiance or saluting the flag, if the practice violates the students religious beliefs. 2. Strict ScrutinyGovernment must demonstrate the necessity of a specific law in order for the law to outweigh an individuals desire to engage in religious practice. IV. First Amendment Rights: Freedom of Speech A. Schenk v. the United States (1919) 1. Clear and Present Danger Testa test for permissible speech that allows government regulations of some expression. 2. Oliver Wendell Holmes. . . shouting fire in a theater . . . is not permissible. B. Brandenburg v. Ohio (1969)critical viewpoints can be expressed as long as the nature and context of those remarks do not pose an immediate threat. C. Commercial speech is regulated much more than political speech. D. Symbolic speech (the expression of a viewpoint through action, not the spoken word) is protected under the First Amendment. V. First Amendment Rights: Freedom of the Press and Obscenity A. Freedom of the Press 1. Near v. Minnesota (1931)The Supreme Court overturned a state law that prevented publication (prior restraint) of articles or editorials that criticized public officials. 56
2. DefamationFalse, malicious statements either through spoken words (slander) or written words (libel)are not protected by the First Amendment. There is high standard for public figures to sue for defamation. 3. New York Times v. United States (1971) a. Pentagon attempted to prevent publication of documents regarding the Vietnam War. b. Supreme Court ruled that the government had not provided compelling proof that prior restraint was necessary. 4. Press Shield LawsStatute enacted by legislatures establishing a reporters privilege to protect confidentiality of sources. B. Obscenity 1. In general, the Supreme Court does not consider obscenity to be protected under the First Amendment. However, the Supreme Court has had difficulty in defining obscenity. 2. Miller v. California (1973)The Court provided a 3 part test in which community standards is a key component of the test. VI. Civil Liberties and Criminal Justice A. The Right to Bear Arms 1. The Second Amendment has been problematic because of the language and because the Supreme Court has usually avoided the issue. 2. District of Columbia v. Heller (2008)overturned a restrictive Washington DC handgun law and stated that an individual right did exist. However, they did not rule that all restrictions were unconstitutional. B. Search and Seizure 1. Fourth Amendment 2. Exclusionary ruleevidence obtained improperly by the police cannot be used to prosecute someone accused of a crime. The purpose to is prevent undertaking illegal searches. 3. Mapp v. Ohio (1961)incorporated the exclusionary rule to apply to state and local police. 4. The Burger Court had interpreted to the exclusionary rule to allow some exceptions. 5. Warrantan order from a judge authorizing a search or arrest. Police and prosecutors must show probable cause to be granted a warrant. 6. Some searches are considered do not require a warrant. a. Stop and frisk searches. b. Exigent circumstancesan immediate search must be taken because of a danger to the public or a loss of evidence. c. Special needse.g. luggage searches at airports. C. Self Incrimination 1. Fifth Amendment 2. Double Jeopardybeing tried twice for the same crime. 3. Compelled self incriminationa person may not be a witness against himself or herself. 4. Miranda v. Arizona (1966)Police must warn suspects of their right to remain silent and their right to an attorney. 57
VII. Trial Rights and Capital Punishment A. Trial Rights 1. Sixth Amendment 2. Speedy and public trialprevents government from holding secret trials 3. Trial by jurycriminal guilt must be decided by members of the community 4. Bench trial a. Verdict is determined by a judge instead of a jury. b. Defendants may request a bench trial if they believe that jurors may be biased or emotional. 5. Plea bargaining a. Prosecutors and defense attorneys negotiate a guilty plea in exchange for a lesser sentence. b. Without plea bargaining, the judicial systems resources would be overwhelmed. 6. Gideon v. Wainwright (1963)The government must provide attorneys to poor defendants in serious criminal cases. B. Capital Punishment 1. Eighth amendment prohibits cruel and unusual punishment. 2. Assuming fair procedures, the Supreme Court currently does not consider capital punishment both cruel and unusual. 3. Many states have suspended the implementation of the death penalty because of several legal problems such as innocent people being convicted, false testimony, or incompetent defense lawyers. 4. Social scientists have found that the black defendants with white victims receive the death penalty more than other defendant / victim pairings. 5. The Supreme Court has forbidden states to execute the mentally retarded and defendants under 18 years old at the time of the crime. VIII. Privacy A. Right to Privacy 1. The word privacy is not specifically mentioned in the Constitution. 2. The right to privacy was first explicitly stated in the Griswold v. Connecticut (1965) case. B. Abortion 1. Roe v. Wade (1973) overturned a Texas statute that criminalized abortion. 2. The principle of a right to privacy provided the basis for the Roe v. Wade decision. 3. Despite the influx of justices appointed by Ronald Reagan and George HW Bush, the Court has not overturned the Roe decision. However, the Court has allowed states to implement some restrictions on the availability of abortions.
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C. Private Sexual Conduct 1. Griswold v. Connecticut a. First explicit recognition of the right to privacy. b. Overturned a Connecticut law that criminalized the sale, possession, or use of contraceptives or contraceptive counseling. 2. Bowers v. Hardwick (1986)The Supreme Court did not consider consensual private sexual activity between two men as private behavior. 3. Lawrence. v. Texas (2003)The Court overruled the Bowers decision and did declare a right to privacy for consensual same sex couples. TERMS civil liberties civil rights Bill of Rights Barron v. Baltimore (1833) John Marshall incorporation due process clause Gitlow v. New York (1925) First Amendment establishment clause free exercise clause separationist view accomodationist view Lemon Test strict scrutiny Schenk v. United States (1919) clear and present danger test political speech commercial speech symbolic speech reasonable time, place, and manner restrictions prior restraint defamation New York Times v. United States (1971) reporters privilege press shield laws obscenity Miller v. California (1973) Second Amendment District of Columbia v. Heller (2008) Fourth Amendment search and seizure exclusionary rule 59
Mapp v. Ohio (1961) warrant probable cause Fifth Amendment double jeopardy compelled self incrimination Miranda v. Arizona (1966) Sixth Amendment speedy and public trial trial by jury bench trial plea bargaining right to counsel Gideon v. Wainwright (1963) Eighth Amendment capital punishment right to privacy Roe v. Wade (1973) Planned Parenthood v. Casey (1992) Griswold v. Connecticut (1965) Bowers v. Hardwick (1986) Lawrence v. Texas (2003) USING YOUR UNDERSTANDING 1. Some states provide more civil liberties to their citizens than those provided by the Bill of Rights. Examine your states constitution and the constitution of one other state. Compare and contrast the U.S. Bill of Rights with the two states you chose. 2. Many of the people mentioned in cases discussed in this chapter were ordinary people that had a significant impact on American politics. Because of these famous cases, you may be able to find biographies or articles about the people involved in these cases. What personal characteristics did they have that gave them the confidence to pursue a cause that was probably unpopular to a majority of people at the time? What other individuals or groups helped them with their cases? Did they try any other political pathways before trying the court pathway? FURTHER RESOURCES Friedman, Lawrence M. A History of American Law. New York: Touchstone, 2005. Gerstmann, Evan. Same-Sex Marriage and the Constitution. New York: Cambridge University Press, 2008.
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Goldsmith, Jack. The Terror Presidency: Law and Judgment Inside the Bush Administration. Boston: W. W. Norton, 2007. Hentoff, Nat. The War on the Bill of Rightsand the Gathering Resistance. New York: Seven Stories Press, 2004. Leone, Richard C., and Gregory Anrig. The War on Our Freedoms: Civil Liberties in an Age of Terrorism. New York: Public Affairs, 2003. Lewis, Anthony. Freedom for the Thought That We Hate: A Biography of the First Amendment. New York: Basic Books, 2007. Lewis, Anthony. Gideon's Trumpet. New York: Vintage, 1989. Posner, Richard A. Not a Suicide Pact: The Constitution in a Time of National Emergency. New York: Oxford University Press, Incorporated, 2006. Stone, Geoffrey R. Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. New York: Norton Paperbacks, 2005. Waldman, Steven. Founding Faith: Providence, Politics, and the Birth of Religious Freedom in America. New York: Random House, 2008. First Amendment Center. Vanderbilt University. <http://www.firstamendmentcenter.com/>. U.S. Department of Justice. <http://www.usdoj.gov/>.
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PRACTICE TESTS Multiple Choice Questions 1. Most of the civil liberties afforded to Americans are outlined in A) various acts of the Congress passed since 1861. B) executive orders issued by the President since 1941. C) Article I of the U.S. Constitution. D) the Declaration of Independence. E) the Bill of Rights. Blooms level: Knowledge Page reference: 140 2. Most of the cases heard by the U.S. Supreme Court in the first few years after ratification of the Constitution dealt with A) limiting the authority of the state governments. B) clarifying the division of powers between the federal government and the states. C) defending the civil liberties of American citizens against the expansion of the power of the states. D) defending the civil liberties of American citizens against the expansion of the power of the federal government. E) doing all of the above. Blooms level: Comprehension Page reference: 140 3. The U.S. Supreme Court decision in Near v. Minnesota dealt with the issue of A) the establishment clause. B) the free exercise clause. C) freedom of speech. D) freedom of assembly. E) freedom of the press. Blooms level: Comprehension Page reference: 142 4. In Duncan v. Louisiana, the U.S. Supreme Court ruled that _____ limited the authority of the states as well as the federal government. A) the right to trial by jury B) freedom of assembly C) freedom of religion D) freedom of association E) the right to bear arms Blooms level: Comprehension Page reference: 143
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5. The establishment clause prevents the government from A) owning national media services. B) interfering in religious activities. C) approving a national religion. D) increasing the federal income tax. E) maintaining a national draft. Blooms level: Comprehension Page reference: 150 6. Which of the following U.S. Supreme Court rulings did NOT center on the establishment clause of the First Amendment? A) Engel v. Vitale B) Employment Division of Oregon v. Smith C) Edwards v. Aguillard D) Lee v. Weisman. E) All of the above cases dealt with the establishment clause. Blooms level: Knowledge Page reference: 150151 7. False, harmful statements made either through written or spoken media, often referred to as _____, is not a Constitutionally-protected form of speech A) defamation B) delegitimation C) intonation D) connotation E) denotation Blooms level: Knowledge Page reference: 158 8. The U.S. Supreme Court decision in New York Times Company v. United States dealt with the issue of A) the establishment clause. B) the free exercise clause. C) freedom of speech. D) freedom of assembly. E) freedom of the press. Blooms level: Knowledge Page reference: 159
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9. The Federal Communications Commission is charged with A) regulating the nations broadcast media. B) monitoring foreign intelligence communications. C) assisting the Central Intelligence Agency in analyzing communications. D) ensuring smooth communication between the U.S. government and the national media. E) providing assistance to national election campaigns regarding media strategy. Blooms level: Comprehension Page reference: 161 10. The right to keep and bear arms in guaranteed by the A) First Amendment. B) Second Amendment. C) Third Amendment. D) Fourth Amendment. E) Fifth Amendment. Blooms level: Knowledge Page reference: 162 11. Which of the following is NOT part of a defendants Miranda rights? A) The right to consult an attorney during questioning. B) The right to remain silent. C) The right to stop answering questions at any time. D) The right to an attorney at no cost if indigent. E) The right to habeas corpus. Blooms level: Comprehension Page reference: 166167 12. The process which permits defendants to use the power of the courts to require witnesses to appear in court and to obtain needed documents that might be relevant to the case is known as the A) voluntary process. B) absentee process. C) compulsory process. D) counteracting process. E) exclusionary rule. Blooms level: Knowledge Page reference: 168
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13. Separate trials to determine guilt and to decide the appropriate sentence in death penalty cases are referred to as A) dual procedures. B) bifurcated proceedings. C) two phase trials. D) split trials. E) procedural duplication. Blooms level: Comprehension Page reference: 171 14. With more than four times the number of executions as the next closest state, _____ had the highest number of executions carried out in the United States. A) Texas B) California C) Mississippi D) Illinois E) Utah Blooms level: Knowledge Page reference: 172 15. Social scientists who studied more than 2000 cases in Georgia found that people accused of killing whites are much more likely to be sentenced to death than people accused of killing members of minority groups, especially if the accused killers are A) Asian American. B) African American. C) Native American. D) Hispanic American. E) Caucasian. Blooms level: Knowledge Page reference: 172173 16. Arguments presented in McCleskey v. (1987) argued that because minorities are more likely to receive the death penalty than whites accused of the same crime, the death penalty violates the A) due process clause of the Fifth Amendment. B) prohibition against cruel and unusual punishment in the Eight Amendment. C) right of confrontation in the Sixth Amendment. D) prohibition against double jeopardy in the Fifth Amendment. E) equal protection clause of the Fourteenth Amendment. Blooms level: Comprehension Page reference: 172173
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17. According to public opinion data from 2005, _____ percent of Americans believe that abortion should always be illegal, while _____ percent of Americans believe that apportion should be fully or partially legal. A) 20 percent; 79 percent B) 79 percent; 20 percent C) 50 percent; 50 percent D) 55 percent 44 percent E) 44 percent; 55 percent Blooms level: Knowledge Page reference: 175 18. If the Roe decision were overturned by the U.S. Supreme Court, the most likely impact would be that A) abortion would be illegal across the county. B) abortion would be legal across the country. C) abortion law would devolve to the states, with some states prohibiting abortion and other maintaining those rights. D) Congress would act to overturn the decision. E) there would be no significant changes. Blooms level: Analysis Page reference: 176 19. Ruth Bader Ginsberg was appointed to the U.S. Supreme Court by President A) Jimmy Carter. B) Ronald Reagan. C) George H.W. Bush. D) Bill Clinton. E) George W. Bush. Blooms level: Knowledge Page reference: 176 20. In its decision in the case of _____, the U.S. Supreme Court ruled that laws criminalizing consensual sexual contact between people of the same sex were unconstitutional. A) Browers v. Hardwick B) Loving v. Virginia C) Griswold v. Connecticut D) Texas v. Johnson E) Lawrence v. Texas Blooms level: Knowledge Page reference: 177
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True-False Questions 1. In the 1831 Barron v. Baltimore case, the Supreme Court decided that rights afforded to citizens in the Fifth Amendment were not applicable to the states. Blooms level: Knowledge Page reference: 141 2. Benjamin Gitlow was a socialist arrested for distributing flyers which advocated the overthrow of the U.S. government. Blooms level: Knowledge Page reference: 142 3. In response to protesters gathering at military funerals, Congress passed the Respect for Fallen Heroes Act in 2006, which prohibits protests within 300 feet of national cemeteries during funerals. Blooms level: Knowledge Page reference: 146 4. The establishment clause concerns the ability of individuals to practice the religion of their choice without government interference. Blooms level: Comprehension Page reference: 150 5. In Texas v. Johnson, the U.S. Supreme Court ruled that burning a flag during a political protest was a constitutionally protected form of free speech. Blooms level: Knowledge Page reference: 155156 6. Under the fighting words doctrine, the government can limit speech that undermines national security. Blooms level: Comprehension Page reference: 156 7. The Federal Trade Commission, which regulates television and radio broadcasts, has the authority to impose fines for profanity and sexual content. Blooms level: Knowledge Page reference: 161 8. The U.S. Supreme Courts ruling in United States v. Miller, decided in 1939, pertains to the Second Amendment right to bear arms. Blooms level: Comprehension Page reference: 162
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9. The case of Gideon v. Wainwright incorporated the Sixth Amendment right to counsel to the states. Blooms level: Knowledge Page reference: 169170 10. In Johnson v. Zerbst, the U.S. Supreme Court ruled that all parties to a civil lawsuit must be provided free legal representation by the state. Blooms level: Comprehension Page reference: 170 Short Answer Questions 1. Identify the three phrases of the Fourteenth Amendment that have been interpreted to furnish specific protections to citizens at the state level. Blooms level: Synthesis Page reference: 141142 2. Define incorporation and explain why the process of incorporation has been uneven. Blooms level: Comprehension/Analysis Page reference: 142143 3. What is meant by the phrase compelling government interest? How does the concept relate to the idea of strict scrutiny? Blooms level: Comprehension/Analysis Page reference: 152153 4. Under the Constitution, what powers does the government have to limit free speech? What is the justification for such limits? Blooms level: Analysis/Synthesis Page reference: 154157 5. What are the key arguments regarding the existence of a constitutionally guaranteed right to privacy? What role has the right to privacy played in the controversy over abortion? Blooms level: Analysis/Evaluation Page reference: 174
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Essay Questions 1. In your opinion, how should the constitutional guarantee of freedom of religion be interpreted? Be sure to address potential objections to your position in your essay. Blooms level: Evaluation Page reference: 150153 2. Trace the lineage of U.S. Supreme Court rulings dealing with mandatory school prayer. Have these rulings demonstrated consistency? Why or why not? Blooms level: Evaluation Page reference: 150153 3. Explain the three-part test for determining obscenity that was enunciated by the U.S. Supreme Court in its 1973 Miller v. California decision. What impact has the Miller ruling had on the entertainment industry? Blooms level: Analysis Page reference: 160161 4. Evaluate the impact of the Supreme Courts ruling in the Roe v. Wade case on the abortion issue. Do recent changes on the Supreme Court make it more or less likely that the aforementioned precedent will be overturned? Explain your position. Blooms level: Analysis Page reference: 174176 5. Some have contended that government efforts related to computer crime, internet child pornography, and the war on terrorism have led to violations of personal privacy. Explain both sides of this debate. How do you predict that the U.S. Supreme Court will address these issues in the future? Blooms level: Evaluation Page reference: 177
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CHAPTER 6
CIVIL RIGHTS
I. The Ideal of Equality A. Civil rights concerns legal protections for equality and participation in the countrys governing processes. B. Political EqualitySocial change and political activity (grassroots mobilization, legislative action and legal action) has lead to a broader definition of political equality throughout the history of the US. C. Equality of Conditionvaluing equal economic status as well as equal access to housing, education, health care and government services D. Equality of Opportunityall citizens have equal opportunity for participation in economic and public life, but there is an acceptance of unequal outcomes in income, political power, and property ownership. II. Equal Protection of the Law A. Even after slavery ended after the Civil War, blacks had difficulty achieving equality of opportunity. B. The Fourteenth Amendment and Reconstruction 1. The Thirteenth, Fourteenth and Fifteenth Amendments did not create the equality of opportunity for blacks that were intended. 2. The language of the fourteenth amendment was meant to apply the Bill of Rights to the states, but required many decades of judicial interpretation in how it would be applied. C. The Rise and Persistence of Racial Oppression 1. Jim Crow lawsLaws enacted by southern state legislatures after the civil War that mandated rigid racial segregation. a. Discriminatory laws made it difficult for blacks to vote. b. There were separate public facilities for blacks that were usually inferior. 2. Segregation was challenged in the 1896 Plessy v. Ferguson case. a. Homer Plessys lawyers argued that racial segregation laws violated the equal protection clause of the Fourteenth Amendment b. The Supreme Court decided that the equal protection clause was not violated if facilities were separate but equal. However, there was no attempt to determine if the facilities were actually equal. 3. De jure segregationsegregation mandated by law 4. De facto segregationwhile there are formal laws that mandated segregation, other factors contribute to separation of the races. III. Litigation Strategies A. Because blacks had little or no voting power and because southern whites dominated Congress or state legislatures; blacks had to use the court pathway in seeking to end segregation.
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B. National Association for the Advancement of Colored People (NAACP)Civil Rights organization that has mainly used the court pathway to fight segregation and discrimination. C. Brown v. Board of Education (1954) 1. Unanimous Supreme Court decision that overturned the Plessy v. Ferguson case. 2. Despite the decision, many lawsuits and court orders have been needed to slowly end de jure segregation. IV. Clarifying Coverage of the Equal Protection Clause A. Womens groups imitated the methods used by the NAACP in seeking new interpretations of the equal protection clauses. B. The Supreme Court has developed three different tests to assist lower courts in deciding cases involving the equal protection clause. 1. Strict scrutinyused in cases involving freedom of speech, press, assembly, privacy, and racial discrimination. 2. Intermediate scrutinyused in gender discrimination cases 3. Rational basis testother bases of discrimination such as age or wealth. V. Grassroots Mobilization and Civil Rights A. African American Mobilization in the South 1. Montgomery bus boycotts, Rosa Parks, and Martin Luther King brought national attention to the plight of blacks in the south. 2. Martin Luther Kings advocacy for non-violent methods helped gain more support from white Americans. 3. Violence against blacks and white civil rights workers also brought national attention. 4. President Johnson used the public sentiment of the Kennedy assassination and the growing concern about race relations to push for passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1964. B. Civil Rights Legislation 1. Civil Rights Act of 1964Banned discrimination by individuals. This went beyond the scope of the language in the Fourteenth Amendment. 2. Voting Rights Act of 1965 a. Banned literacy tests b. Southern states had to get permission from the Justice Department to make changes in elections laws or redrawing districts. c. Voter registration among African Americans dramatically increased after the passage of the Voting Rights Act. VI. Women, Latinos, and Civil Rights A. Women and Civil Rights 1. Universal Suffragethe right to vote for all citizens 2. Some states had allowed women the right to vote before the Nineteenth Amendment passed in 1919.
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3. Although there has been improvement in the percentage of women winning political office, women are still under-represented in legislatures and executive branch offices. B. Latinos and Civil Rights 1. Latinos face the problem of being perceived as recent immigrants. 2. Cesar Chavez was a Latino Civil Rights leader that organized migrant farm workers in California. 3. At the start of the 21st century, Latinos became the largest minority in the United States. 4. Latinos have protested against harsh treatment of immigrants and have sought immigration legislation that would treat immigrants more humanely. VII. Contemporary Civil Rights IssuesEmerging Groups A. People with disabilities have held demonstrations and have lobbied for equal access to public facilities. B. Gays and Lesbians 1. Gays and lesbians have used grassroots mobilization, direct lobbying, and litigation to promote anti discrimination laws. 2. Same couples have used the courts to win the right to marry. C. Native Americans 1. Native Americans have found the court pathway more effective than grassroots mobilization. 2. Native Americans have used revenue from casinos from their sovereign territories to fund lobbying efforts and make campaign contributions. TERMS civil rights political equality equality of condition equality of opportunity Thirteenth Amendment Fourteenth Amendment equal protection clause Fifteenth Amendment Reconstruction Jim Crow laws Plessy v. Ferguson (1896) separate but equal doctrine de jure segregation de facto segregation National Association for the Advancement of Colored People Brown v. Board of Education of Topeka (1954) Earl Warren strict scrutiny 73
intermediate scrutiny rational basis test restrictive covenant Martin Luther King Jr. Civil Rights Act of 1964 Voting Rights Act of 1965 U.S. Commission on Civil Rights U.S. Equal Employment Opportunity Commission universal suffrage Nineteenth Amendment Cesar Chavez affirmative action USING YOUR UNDERSTANDING 1. Research the history of political activity of one of the groups that are mentioned in the section labeled Emerging Groups. In what ways are their strategies similar to those used by African Americans before and during the Civil Rights movement? In what ways are their activities different? Can you provide an explanation for the similarities or differences? 2. Although a group may have a similar characteristic or concern, they may not always agree on the proper political strategies to improve their plight. Examine the four sets of groups below. Within each set compare and contrast the mission of the group and the political activities that they encourage. a. National Association for the Advancement of Colored People (NAACP); Martin Luther King, Jr. Center for Nonviolent Social Change; and the Nation of Islam. b. Human Rights Campaign and the Log Cabin Republicans. c. National Abortion and Reproductive Rights Action League (NARAL); National Organization of Women (NOW); and The Eagle Forum. d. The American Indian Movement and the United Farm Workers (UFW). FURTHER RESOURCES Bell, Derrick. Silent Covenants: Brown V. Board of Education and the Unfulfilled Hopes for Racial Reform. New York: Oxford University Press, Incorporated, 2005. Carson, Clayborne, David J. Garrow, and Gerald Gill, eds. The Eyes on the Prize Civil Rights Reader: Documents, Speeches, and Firsthand Accounts from the Black Freedom Movement, 19541990. New York: Penguin (Non-Classics), 1991.
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Espino, Rodolfo, ed. Latino Politics: Identity, Mobilization, and Representation. University of Virginia Press, 2008. Gerstmann, Evan. Same-Sex Marriage and the Constitution. New York: Cambridge University Press, 2008. Kluger, Richard. Simple Justice: The History of Brown V. Board of Education and Black America's Struggle for Equality. New York: Vintage, 2004. Ogletree, Charles J. All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education. Boston: W. W. Norton & Company, Incorporated, 2004. Posner, Richard A. Not a Suicide Pact: The Constitution in a Time of National Emergency. New York: Oxford University Press, Incorporated, 2006. Rowland, Debra. The Boundaries of Her Body: A History of Women's Rights in America. Grand Rapids: Sphinx, 2004. American Women's History Guide. <http://frank.mtsu.edu/~kmiddlet/history/women.html>. National Gay and Lesbian Task Force. <http://www.thetaskforce.org/>. United States Hispanic Leadership Institute. <http://www.ushli.org/>. U.S. Commission on Civil Rights. <http://www.usccr.gov/>.
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PRACTICE TESTS Multiple Choice Questions 1. The statement that all men are created equal can be found in the A) U.S. Constitution. B) Declaration of Independence. C) Bill of Rights. D) Declaration of the Rights of Man. E) Universal Declaration of Human Rights. Blooms level: Knowledge Page reference: 188 2. Policies that value equal economic status and attempt to provide such status through social provision of housing, health care, education, and governmental services are characterized by their emphasis on A) political equality. B) communism. C) equality of condition. D) equality of opportunity. E) social equity. Blooms level: Comprehension Page reference: 189 3. The Age Discrimination in Employment Act of 1967 prohibits discrimination against workers over the age of A) 18. B) 40. C) 55. D) 60. E) 65. Blooms level: Knowledge Page reference: 189, 204 4. Policies that provide the foundation for equal participation in the social, economic, and political sphere but which also accept unequal results in income, political power, and property ownership are characterized by their emphasis on A) political equality. B) communism. C) equality of condition. D) equality of opportunity. E) social equity. Blooms level: Comprehension Page reference: 190
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5. The lone dissent in the Supreme Courts decision in the Plessy v. Ferguson case was registered by Justice A) Oliver Wendall Holmes. B) John Marshall Harlan. C) John Brandeis. D) John Rutledge. E) John Marshall. Blooms level: Knowledge Page reference: 196 6. The situation in which state and local laws mandate discrimination and segregation is referred to as _____ segregation. A) habeas corpus B) enfranchise C) reflexive D) de facto E) de jure Blooms level: Comprehension Page reference: 196 7. The NAACP lawyer who argued the Brown v. Board of Education case before the U.S. Supreme Court was A) Homer Plessy. B) Fred Korematsu. C) Warren Harding. D) Clarence Thomas. E) Thurgood Marshall. Blooms level: Knowledge Page reference: 198199 8. The court pathway was used by the NAACP because A) restrictions on voting by African Americans closed the elections pathway. B) congressional committees were dominated by southern conservatives, closing the lobbying pathway. C) segregation was deeply entrenched in the cultural foundations of America, closing the cultural change pathway. D) All of the above were true. E) None of the above were true. Blooms level: Analysis Page reference: 198200
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9. The U.S. Supreme Courts 1873 decision in Bradwell v. Illinois A) prohibited discrimination on the basis of race. B) prohibited discrimination on the basis of race. C) prohibited discrimination on the basis of gender. D) permitted discrimination on the basis of gender. E) prohibited discrimination on the basis of national origin. Blooms level: Comprehension Page reference: 202 10. The franchise was extended to women in 1920 as a result of A) Presidential executive order. B) passage of the Nineteenth Amendment. C) Congressional mandate. D) a Supreme Court decision. E) individual state decisions. Blooms level: Knowledge Page reference: 202 11. In general, court decisions in the area of civil rights have A) undermined the actions of the federal government in addressing civil rights concerns. B) expanded discriminatory acts rather than decreasing them. C) limited what the government can to do enforce certain forms of discrimination. D) expanded our understanding of civil rights based on the Constitution. E) addressed the legality of individual behavior. Blooms level: Synthesis Page reference: 202205 12. In its 1976 ruling in Craig v. Boren, the U.S. Supreme Court struck down a law that imposed different minimum drinking ages for males and females. Which state passed the law? A) Texas. B) Oklahoma C) Wyoming. D) Montana. E) Missouri. Blooms level: Knowledge Page reference: 203
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13. In Bush v. Gore, the U.S. Supreme Court terminated the Florida recount, asserting that recount procedures would violate the equal protection rights of individual voters. The court did not, however, directly answer the question of where this case signaled the Courts willingness to look at voters as claimants deserving of higher levels of scrutiny. This is an example of the application of the _____ test. A) strict scrutiny B) intermediate scrutiny C) low scrutiny D) rational basis. E) Lemon Blooms level: Knowledge Page reference: 203 14. When evaluating claims that a specific law or policy violates the equal protection clause, the Courts employ three levels of review. These are: A) strict scrutiny, intermediate scrutiny, and rational basis test. B) strict scrutiny, intermediate scrutiny, and low scrutiny. C) strict scrutiny, rational basis test, and low scrutiny. D) rational basis test, irrational basis test, and lemon test. E) equal protection test, rational basis test, and lemon test. Blooms level: Comprehension Page reference: 203204 15. The murder of _____ provoked national outrage, exacerbated after an all-white jury acquitted those accused of committing the murder of all charges. A) Rosa Parks B) Emmett Till C) John Madison D) Shirley Chisholm E) Mary Bethune Blooms level: Knowledge Page reference: 206207 16. Which of the following places the events in the civil rights struggle occurred first? A) the March on Washington B) passage of the Civil Rights Act C) passage of the Voting Rights Act D) the assassination of Martin Luther King, Jr. E) the Montgomery Bus Boycott Blooms level: Synthesis Page reference: 206210
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17. Which of the following correctly places the expansion of the actual (de facto) franchise in the United Sates in chronological order? A) Women, African Americans, young Americans B) Women, Young Americans African Americans C) Young Americans, African Americans, Women D) Young Americans, Women, African Americans E) African Americans, Women, Young Americans Blooms level: Synthesis Page reference: 210235 18. In which state is the gap between blacks and whites in the percent of eligible citizens registered to vote greatest in 1988? A) Georgia B) Alabama C) Mississippi D) North Carolina E) South Carolina Blooms level: Knowledge Page reference: 211 19. In 1973, Congress prohibited discrimination against people with disabilities who work in government or who seek services from federally funded programs by passing the A) American Disabilities Act B) Rehabilitation Act C) Equal Access to Facilities Act D) Physically Challenged Assistance Act. E) Disabilities Protection Act. Blooms level: Knowledge Page reference: 218 20. Through which pathway have Native American activists succeeded in their attempts to recover some of the debt owned them by the United States government? A) the court pathway B) the elections pathway C) the cultural change pathway D) the grassroots mobilization pathway E) the lobbying pathway. Blooms level: Comprehension Page reference: 218
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True-False Questions 1. A governing system based on equality of condition would ensure that everyone had equal opportunity to participate in political and economic life, but would not interfere in the political and economic outcome of individual choices. Blooms level: Comprehension Page reference: 189190 2. According to data compiled by the U.S. Census Bureau, African Americans are more likely than whites or Hispanics to complete college. Blooms level: Knowledge Page reference: 192 3. The Chief Justice of the U.S. Supreme Court during the Brown v. Board of Education I case was Earl Warren. Blooms level: Knowledge Page reference: 198 4. The Brown v. Board of Education case validated the use of the court pathway of change by the NAACP. Blooms level: Analysis Page reference: 198199 5. In the 1948 case of Goesaert v. Cleary, the U.S. Supreme Court overturned a Texas statute that prohibited women from establishments serving alcohol unless they were the wives or daughters of the bar owner, citing the unconstitutionality of gender-based discrimination. Blooms level: Knowledge Page reference: 202 6. In cases alleging discrimination because of race or national origin, the Supreme Court applies an intermediate scrutiny test. Blooms level: Comprehension Page reference: 203 7. Martin Luther King, Jr.s strategy of nonviolent resistance was demonstrated to be a failure in the Montgomery Bus Boycott. Blooms level: Analysis Page reference: 207208
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8. Unlike civil liberties issues, civil rights issues focus on freedoms and due process. Blooms level: Comprehension Page reference: 208 9. In 1973, Congress passed the Rehabilitation Act, which prohibited discrimination against people with disabilities who work in government or seek services from federally funded programs. Blooms level: Knowledge Page reference: 218 10. In Corbell v. Kempthorne, Native Americans successfully sued the United States government to recover funds that were misallocated or illegally withheld from them. Blooms level: Comprehension Page reference: 218 Short Answer Questions 1. What was Reconstruction? Blooms level: Comprehension/Synthesis Page reference: 193194 2. Explain what is meant by Jim Crow Laws and assess their impact on African Americans. Blooms level: Evaluation/Analysis Page reference: 194197 3. Explain the role of the U.S. Commission on Civil Rights and the U.S. Equal Employment Opportunity Commission. Blooms level: Synthesis Page reference: 210 4. Assess the level of socio-economic inequality in the United States based on Figure 6.1 in your text. List three factors that might account for the inequality you note, and list three policies that might be able to help address those inequalities. Blooms level: Analysis/Application Page reference: 210 5. What were the key issues in Cobell v. Kempthorne? Why has it taken so long to resolve the case? Blooms level: Synthesis Page reference: 218219
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Essay Questions 1. Fred Korematsu filed a legal brief in the Hamdi v. Rumsfeld case, arguing that, It may be essential in some circumstances to compromise civil liberties in order to meet the necessities of wartimebut history teaches that we tend too quickly to sacrifice those liberties in the face of overbroad claims of military necessity. Do you agree with Korematsus claim? Does Korematsus internment as a Japanese-American during World War II parallel the detention of Muslims after September 11? Why or why not? Blooms level: Analysis/Evaluation Page reference: 200201 2. Figure 6.4 in your text outlines the three tests for the equal protection clause. Compare and contrast the three levels of scrutiny employed by the courts to evaluate alleged violations of the equal protection clause. Why does the court employ the three levels? Should it treat different types of discrimination differently? Why or why not? Blooms level: Evaluation/Analysis Page reference: 202204 3. Compare and contrast the civil rights struggle by African Americans with the struggle for the enfranchisement of women. Be sure to reference the specific pathways of action employed by each group. Blooms level: Analysis Page reference: 206213 4. Compare and contrast civil rights and civil liberties. In your opinion, which of the two areas presents the most pressing set of issues for contemporary America? Blooms level: Evaluation Page reference: 208209 5. Is discrimination more or less of a problem in the United States than it was twenty years ago? Defend your position with specific examples? Blooms level: Evaluation/Analysis Page reference: 216219
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CHAPTER 7
CONGRESS
I. Congress, the Public, and Public Policy A. In response to public criticism, Congress passed a law to limit the practice of waterboarding. B. While Congress responded to public opinion, it also required the cooperation of other branches of government. II. The Nature and Style of Representation A. When representatives disagree with their constituents, should they do what their constituents want, or what they think is best? 1. Delegate Model 2. Trustee Model 3. Politico Model 4. Conscience Model B. What kinds of issues should legislators focus on, big topics or constituent needs? 1. Representational Style 2. Constituent Service 3. Symbolic Representation III. Congress and the Constitution A. Why did the Framers create a bicameral legislature? 1. A bicameral legislature is a two chamber legislature. 2. The House of Representatives has always been elected by the people; but the Senate was originally chosen by state legislatures. 3. Key Differences between the House and Senatesee Table 7.1. B. What are the qualifications to serve in Congress? 1. Age, citizenship and residence requirements for House members and Senate members. 2. Seventeenth amendmentdirect election of Senators. 3. Rotation of Senators C. Congressional Election 1. Congress leaves most regulations regarding elections to states. 2. Congress has stepped in at times to mandate voting rules. D. Lawmaking 1. Article I outlines the congressional election process, procedural matters, and how a bill becomes a law. 2. Powers of Congress in Article I, Section 8 are listed in Table 7.2 E. What are implied powers? 1. Necessary and Proper Clause (or elastic clause). 2. Congress is not strictly limited to the powers that are specifically spelled out in the Constitution. 3. The McCulloch v. Maryland case justified the use of implied powers.
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F. Redistricting 1. At large districts versus geographic representation 2. Redistricting and gerrymandering G. Pathways of Action: the Texas Redistricting Battle H. Positive Gerrymandering 1. Majority Minority Districts are used to improve minority representation. 2. While race can be a factor in redistricting, it cannot be the primary criterion. I. Number of Residents Per District 1. malapportionment and Baker v. Carr 2. Reapportionment IV. Organizing Congress: Committees A. Advantages of Committee System 1. Members become policy experts. 2. Congress can consider many bills simultaneously. 3. Legislators can serve on committees that are of concern to their constituents. 4. Provides a forum for public debate. B. Provides many points of access to citizens and groups. C. Types of Committees 1. Standing Committees 2. Subcommittees 3. Select Committees 4. Conference Committees 5. List of Senate Committees in Table 7.3 D. What Committees Do 1. Speaker of the House or Senate Majority Leaders refers bills to committees 2. Multiple referrals allow several committees to consider the same bill. 3. Hearings 4. Markup 5. Reports 6. Bureaucratic Oversight 7. Investigations 8. Committee Staff V. Organizing Congress: Political Parties and Leadership A. Functions of Parties in Congress 1. Orientation Function 2. Agenda Setting 3. Voting Cues 4. Party Unity 5. Committee Appointment Process B. Legislative Leadership 1. Speaker of the House 2. Senate Majority Leaders 3. Whips
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4. President Pro Tempore 5. Minority Leader C. Pathways Profile: Nancy Pelosi VI. Organizing Congress: Rules and Norms A. Legislative Rules 1. Unanimous ConsentAll Senators must agree to the rules of debate. 2. FilibusterA senator or a minority group of senators can continue to give speeches in order to prevent a vote or force a compromise. 3. ClotureA filibuster can be prevented or ended with a vote of 60 senators. 4. HoldA senator informs the Senate leaders that he or she will filibuster a bill if it is scheduled for debate and a vote. B. Unwritten Rules 1. SeniorityDeference should be given to longer serving members. 2. ApprenticeshipNew members are expected to work hard, be deferential, and learn about the legislative process 3. CivilityBeing courteous to other members to prevent tempers from flaring. 4. Specializationmembers are expected to become experts in a few policy areas. 5. ReciprocityDo not be an obstructionist on every issue. When possible, be agreeable. 6. LogrollingExchanging support on bills or other earmarks. 7. Earmarks (or Pork Barrel)federal money that mainly helps a district or state. VII. How a Bill Becomes a Law A. Introduction of the Bill B. Referral C. Committee Consideration D. Rules for Floor Action E. Floor Consideration F. Conference Committees G. Presidential Action H. Overriding a Presidential Veto I. Figure 7.4 illustrates the legislative process using the Economic Stimulus Act of 2008. VIII. Who Sits in Congress? A. While there has been some improvement in the last few decades, women and minorities are underrepresented in Congress. B. Most members of Congress come from middle or upper class backgrounds. They are highly educated and most previously held white collar, professional jobs. IX. Congressional Ethics A. The Jack Abramoff Scandal
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B. Although Congressional observers argue that Congressional ethics have improved, the public still perceives the Congress as corrupt. X. Conclusion TERMS delegate model of representation trustee model of representation politico model of representation conscience model of representation representational style constituent service symbolic representation bicameral legislature Seventeenth Amendment rotation pocket veto elastic clause implied powers at large districts geographic representation redistricting gerrymandering quorum majority minority districts Baker v. Carr reapportionment standing committees subcommittees seniority system select committees conference committees referral multiple referral hearings markup prime sponsor reports rules report open rule closed rule modified rule time structured rule oversight 88
investigations committee staff orientation function agenda voting cues party unity committee appointment process speaker majority leader whips president pro tempore minority leader unanimous consent filibuster cloture hold seniority civility specialization logrolling earmarks bill sponsor one house bills USING YOUR UNDERSTANDING 1. Find a recent law passed by Congress. Summarize the major steps of the legislative process from introduction to final passage. Make sure to discuss each key step discussed in the How a Bill Becomes a Law. In addition, at each step in the process, discuss the roles of individual members of Congress, political parties, interest groups, media, the President, and public opinion. 2. Should Congressional earmarks be eliminated? In addition to explaining the arguments for or against earmarks research the following questions. a. What has been the trend in earmarks since the early 1990s in terms of both the number of earmarks and the total amount? b. Do some states benefit more from earmarks than other states? Why? c. Assume Congressional earmarks were completely eliminated. Would states fund similar projects from their own funds? Why or why not?
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FURTHER RESOURCES Brown, Sherrod. Congress from the Inside: Observations from the Majority and the Minority. Kent: Kent State University Press, 2004. Dodd, Lawrence C., ed. Congress Reconsidered. Washington DC: C Q Press, 2004. Fenno, Richard F. Home Style: House Members in Their Districts. New York: Longman, 2002. Fisher, Louis. Constitutional Conflicts Between Congress and the President. Lawrence: University Press of Kansas, 2007. Hamilton, Lee H. How Congress Works: And Why You Should Care. New York: Quarry Books, 2004. Mann, Thomas E., and Norman J. Ornstein. The Broken Branch: How Congress Is Failing America and How to Get It Back on Track. New York: Oxford University Press, 2008. Mayhew, David. Congress: The Electoral Connection. New Haven, CT: Yale University Press, 2004. Oleszek, Walter J., Roger H. Davidson, and Frances E. Lee. Congress and Its Members. Washington DC: C Q Press, 2007. Congresional Report Cards. <http://www.vis.org/crc/default.aspx>. CQ Politics. <http://www.cqpolitics.com>. United States House of Representatives. <http://www.house.gov>. United States Senate. <http://www.senate.gov>.
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PRACTICE TESTS Multiple Choice Questions 1. The model of representation most widely used today is the A) trustee model. B) conscience model. C) politico model. D) delegate model. E) investiture model. Blooms level: Knowledge Page reference: 230 2. During the impeachment trial of President Clinton, Senator Paul Wellstone argued that In the case of presidential impeachment, its especially important to consult public opinion, because ones being asked, in effect, to overturn a popular election. Wellstones claim is an argument in favor of the A) trustee model of representation. B) conscience model of representation. C) politico model of representation. D) delegate model of representation. E) investiture model of representation. Blooms level: Application Page reference: 230 3. A constitutional amendment that required the Congress roughly mirror the population of the United States in terms of racial, ethnic, and gender composition would be supported by proponents of A) symbolic representation. B) sectional representation. C) politico representation. D) delegative style. E) representational style. Blooms level: Analysis Page reference: 232 4. The founders expected the _____ to be the heart of the new government. A) executive branch B) judicial branch C) legislative branch D) public branch. E) people Blooms level: Knowledge Page reference: 234
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5. The U.S. Supreme Courts 1995 decision in Term Limits, Inc. v. Thornton A) supported the implied powers of Congress. B) found the legislative veto to be unconstitutional. C) upheld 75 as the maximum age for U.S. senators. D) overturned state laws that attempted to limit the number of terms that members of Congress could serve. E) declared that states had the right to impose term limits on their Congressional delegations. Blooms level: Comprehension Page reference: 235 6. Senators in the United States have been directly elected since the passage of the Seventeenth Amendment in A) 1896. B) 1913. C) 1919. D) 1924. E) 1960. Blooms level: Knowledge Page reference: 235 7. The Help America Vote Act (2002) A) requires states provide bilingual ballots to voters. B) guarantee no citizen live more than 25 miles from a polling station. C) prohibits discrimination in the voter registration process. D) permits states to limit the right of ex-felons to vote. E) mandates the updating of voting machines. Blooms level: Comprehension Page reference: 236 8. If a president vetoes a bill, what is the congressional action necessary for override of the veto? A) Both chambers must approve the override by a minimum two-thirds margin. B) A majority vote of both chambers is required to override the veto. C) A two-thirds vote of one chamber is sufficient to override the veto. D) A majority vote of one chamber is sufficient to override the veto. E) The Presidents veto cannot be overridden. Blooms level: Knowledge Page reference: 236
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9. The process of redrawing the boundaries of legislative districts is known as A) redistricting. B) gerrymandering. C) cracking. D) packing. E) electoral division. Blooms level: Comprehension Page reference: 237238 10. When the boundaries of an electoral district are drawn to secure a partisan advantage, the process of redrawing the boundaries of legislative districts is known as A) redistricting. B) gerrymandering. C) cracking. D) packing. E) electoral division. Blooms level: Comprehension Page reference: 237239 11. Which of the following is NOT an advantage of the standing committee system used in Congress? A) It allows members of that committee to become experts in a given policy area. B) It expands the number of issue areas that can be considered simultaneously. C) It enhances the representation function of Congress by allowing legislators to sit on committees dealing with issues of concern to their constituents. D) If offers citizens many points of access into the legislative process. E) It encourages greater transparency and efficiency in the legislative process. Blooms level: Synthesis Page reference: 242 12. In any given session, the U.S. Congress handles roughly _____ bills and nearly _____ nominations. A) 10 bills; 100 nominations B) 100 bills; 1,000 nominations C) 1,000 bills; 10,000 nominations D) 10,000 bills; 100,000 nominations E) 100,000 bills; 1,000,000 nominations Blooms level: Knowledge Page reference: 242
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13. Because it sets the rules under which proposed legislation is considered by the House of Representatives, the House _____ Committee is considered one of the most powerful committees in Congress. A) Standards of Official Conduct B) Rules C) Ways and Means D) Resources E) Government Reform Blooms level: Comprehension Page reference: 244 14. The 1946 Legislative Authorization Act required that proposed bills A) be referred to committee before being considered by the body as whole. B) receive the support of at least 2/3 of the House and Senate to pass. C) have at least four sponsors. D) have at least one sponsor from each party. E) receive an up or down committee vote. Blooms level: Knowledge Page reference: 244245 15. Despite being a relatively powerful Speaker of the House, Newt Gingrich was forced to resign in 1988 after A) He was found guilty of ethical violations. B) He was found to have accepted illegal campaign contributions. C) His party lost the seats in the election and came to resent his heavy-handed leadership style. D) Both A and B. E) Both B and C. Blooms level: Knowledge Page reference: 249 16. As Chair of the Senate _____ Committee, Senator Ted Stephens was the head of the committee charged with overseeing all federal spending. A) Appropriations B) Budget C) Revenue D) Spending E) Economic Blooms level: Knowledge Page reference: 252
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17. How many votes does it currently take to end a filibuster in the U.S. Senate? A) 51 B) 60 C) 67 D) 85 E) 100 Blooms level: Knowledge Page reference: 250 18. The establishment of a bicameral legislature in the United States was the result of A) The Pendleton Act. B) an executive order of the president. C) The Three-Fifths Compromise. D) The Sectional Compromise. E) The Great Compromise. Blooms level: Comprehension Page reference: 255 19. Congress passes approximately 400 bills into law every year. How many bills are introduced in Congress? A) 1,000 B) 2,000 C) 5,000 D) 7,500 E) 10,000 Blooms level: Knowledge Page reference: 256 20. How many women served in the U.S. Senate during the 111th Congress? A) 0 B) 2 C) 16 D) 33 E) 124 Blooms level: Knowledge Page reference: 258 True-False Questions 1. One of the main criticisms leveled against the state legislatures under the Articles of Confederation was that they were too sensitive to the will of the people. Blooms level: Comprehension Page reference: 234 95
2. The minimum age for service in the U.S. House of Representatives is thirty. Blooms level: Knowledge Page reference: 235 3. In its 1995 decision in Shaw v. Reno, the U.S. Supreme Court supported race as the principal criterion for drawing legislative districts. Blooms level: Knowledge Page reference: 239 4. In general, states in the northeast have seen an increase in the number of Representatives in the House while the south and west have seen sharp declines. Blooms level: Comprehension Page reference: 240 5. Before a bill can be sent to the president for approval, differences between competing House and Senate bills on the same topic must be ironed out in a conference committee. Blooms level: Comprehension Page reference: 243 6. Generally speaking, U.S. House committees consist of about 20 members. Blooms level: Analysis Page reference: 243 7. Debate in the House is organized exclusively by the party whips, which are the real power sources in the House of Representatives. Blooms level: Comprehension Page reference: 248 8. In the absence of the Vice President of the United States, the presiding officer in the Senate is the minority leader. Blooms level: Knowledge Page reference: 248 9. The delegate model of representation argues that the representatives should enlarge and refine the publics will. Blooms level: Application Page reference: 255 10. A presidential veto can be overridden by a simple majority vote in both chambers of Congress. Blooms level: Knowledge Page reference: 256 96
Short Answer Questions 1. List three ways in which the key differences between the House and the Senate (reflected in Table 7.1 of your text) lead each chamber to approach their job of representing the will of the people differently? Blooms level: Analysis Page reference: 234 2. What are implied powers? Why does the exercise of implied powers so often test the relationship among the three branches of government? Blooms level: Evaluation/Comprehension Page reference: 236237 3. Discuss the distinction between at-large districts and single-member legislative districts based on geographic representation. Blooms level: Analysis Page reference: 237, 260 4. Explain the outcome and significance of the U.S. Supreme Courts decision in the case of Baker v. Carr. Blooms level: Comprehension/Evaluation Page reference: 240 5. Define the term logrolling as it pertains to members of Congress and assess its importance to the legislative process. Blooms level: Application/Evaluation Page reference: 252 Essay Questions 1. What factors limit or enhance the diversity of Congress? In your opinion, will the Congress someday accurately reflect the demographic makeup of the country? Why or why not? Blooms level: Evaluation/Analysis Page reference: 237241; 258261 2. What are the arguments for and against the establishment of majority-minority districts in the U.S. Congress? Which is the strongest argument? What is the advantage of this argument? Blooms level: Evaluation Page reference: 239
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3. Explain the role of party leadership positions in running both chambers of Congress. Why are such leaders so powerful? Blooms level: Evaluation/Comprehension Page reference: 247249 4. Explain the controversy surrounding the bridge to nowhere. Why are earmarks so endemic to the legislative process in the United States? What might be done to address the problem of earmarks? Blooms level: Evaluation Page reference: 252253 5. What do the ethics scandals of the last decade tell us about the ability of ordinary citizens to shape the legislative process? What can, and should, be done to create more open and effective legislative pathways of action? Blooms level: Analysis/Evaluation Page reference: 262263
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CHAPTER 8
THE PRESIDENCY
I. The President and the Constitution A. Influences on the Framers 1. Locke and prerogative power 2. Experiences under Articles of Confederation 3. Compromises at the Constitutional Convention B. Article II and Ratification of the Constitution 1. Cato and the Anti-Federalists believed that Article II was too vague and future presidents would act like kings. 2. Alexander Hamilton argued that Article II placed limitations on the president and that the executive branch would not become a monarchy. II. The Evolution of the Presidency A. Models of Presidential Power 1. Whig Model a. Powers are limited to only those explicitly stated in the Constitution b. Practiced by most 19th century and early 20th century presidents 2. Stewardship Model a. There are no restrictions on presidential power except for those specifically forbidden in the Constitution. b. First practiced by Theodore Roosevelt and most 20th century presidents. 3. The modern presidency a. Starting with Franklin Delano Roosevelt, the executive branch is proactive in domestic and foreign policy. b. Modern presidents are rewarded when times are good and punished when times are bad. B. Institutional Changes 1. The Cabinet a. Secretaries lead major departments in the bureaucracy. b. Cabinet departments are listed in Table 8.1 2. The Executive Office of the President a. National Security Council b. Office of Management and Budget c. Council of Economic Advisers 3. Table 8.2 provides a more detailed list of Executive Branch offices. 4. Ramifications of Staffing Changes a. The increased use of staff has broadened presidential power. b. A larger staff frequently means more internal conflict within the executive branch.
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C. The Changing Role of the Vice President 1. Vice Presidents used to simply stand by in case the President died in office. They were chosen more for political reasons than competence. 2. Recent presidents have given vice presidents additional duties in representing the administration. III. The Informal Powers of the President A. Going Public 1. Presidents can sometimes influence Congress indirectly by trying to influence public opinion first. 2. Modern technology makes it easier for Presidents to go public. B. First Ladies 1. First ladies have always been informal advisers. 2. Since Eleanor Roosevelt, the role of first ladies has become more public. IV. The Many Roles of Modern Presidents A. Chief of State 1. Most democracies have ceremonial leader and a political leader. 2. The US president combines both roles as Chief of State. B. Chief Legislator 1. Besides reacting to Congress, modern presidents now propose legislation for Congress to consider. 2. The President may veto legislation. Often times, the threat of the veto can convince members of Congress to make changes in legislation that the President wants. 3. Table 8.3 provides a list of presidents and the number of vetoes. C. Chief Diplomat 1. When a President accepts an ambassador of another country, they are accepting the legitimacy of that countrys government. 2. Presidents prefer to use executive agreements instead of treaties because executive agreements do not require formal Senate approval. D. Commander in Chief 1. The President is in charge of the military forces. 2. The constitution is vague on the powers of the commander in chief role. 3. Congress has tried to limit the commander in chief role with the War Powers Resolution of 1973. However, presidential actions regarding troop placement is initially supported by public opinion. Hence, Congress has hesitated to invoke the War Powers Resolution E. Chief Executive 1. Executive Orders a. Rules and regulations that have the effect of law. Congress has the power to overturn executive orders. b. Most executive orders are not controversial, but some have been at the time.
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i. Lincoln and Emancipation Proclamation ii. Truman desegregated the Armed Forces iii. George W. Bush created the Office of Faith Based and Community Initiatives. F. Signing Statement 1. Written proclamation of how the President will interpret a law passed by Congress. 2. George W. Bush has used signing statements frequently in a way that members of Congress would argue was not the intent of the law. V. Presidential Greatness A. EventsWashington, Lincoln, and Franklin Roosevelt are considered the best Presidents because they were confronted by major crises. B. Personal Qualitiesthe best presidents have usually had most of the following qualities: 1. Vision 2. Pragmatism 3. Consensus Building 4. Charisma 5. Trustworthiness C. Table 8.4 provides two attempts at ranking American presidents. TERMS prerogative power Cato Alexander Hamilton Whig model stewardship model modern presidency cabinet inner cabinet Executive Office of the President National Security Council national security adviser Office of Management and Budget Council of Economic Advisers Chief of Staff institutional presidency vice president going public first lady Chief of State Chief Legislator veto 101
Chief Diplomat treaty executive agreement fast track trade authority Commander in Chief War Powers Resolution Iran Contra Affair Chief Executive executive order signing statements USING YOUR UNDERSTANDING 1. You can find a list of executive orders at the White House web site. Look through the executive orders at the beginning of the Obama administration? Executive orders do not need legislative approval. In many cases, executive orders are just directives to government agencies on implementing public policy. However, sometimes executive orders can be controversial. Congress can overturn executive orders, but frequently do not. a. Choose one recent executive order that you think may be somewhat controversial. Should Congress have debated and voted on the subject? Why or why not? b. Has President Obama overturned any executive orders by previous presidents? What was the reaction of Congress, the media, interest groups, and the Republican Party? 2. Presidential approval ratings fluctuate over the term of a president. However, the approval rates for most presidents follow similar trends. You can find presidential approval ratings for Presidents Roosevelt to GW Bush on the web page for the Roper Center for Public Opinion Research (http://www.RoperCenter.uconn.edu). Examine the approval / disapproval rating for four Presidents of your choice. a. Which one of the presidents selected appeared to enjoy the most consistently high approval ratings throughout his presidency? Explain. b. What appears to be the most common pattern for presidential approval ratings over the course of a presidents term in office? In other words, does a presidents approval generally go up, go down, or stay the same over time? c. Find the single highest and lowest approval/disapproval poll rating for each president during his stay in office. Can you link up the ratings to any particular event, domestic and/or global, that was occurring at the time? d. Do national economic conditions seem to affect presidential approval ratings?
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e. Finally, look at the poll ratings for each president during his first three months in office (sometimes known as the honeymoon period). Were those ratings relatively high for each president you selected? If so, what does this tell you about the publics expectations surrounding new presidents? FURTHER RESOURCES Cronin, Thomas E., and Michael A. Genovese. The Paradoxes of the American Presidency. New York: Oxford University Press, 2003. Goldsmith, Jack. The Terror Presidency: Law and Judgment Inside the Bush Administration. Boston: W. W. Norton, 2007. Greenstein, Fred I. The Presidential DifferenceLeadership Style from FDR to George W. Bush. Princeton: Princeton University Press, 2004. Healy, Gene. The Cult of the Presidency: America's Dangerous Devotion to Executive Power. Annapolis: Cato Institute, 2008. Kernell, Samuel. Going Public: New Strategies of Presidential Leadership. Washington DC: C Q Press, 2006. Nelson, Michael, and Sidney M. Milkis. The American Presidency: Origins and Development, 17762007. Washington DC: C Q Press, 2007. Pfiffner, James P. The Modern Presidency. Belmont: Wadsworth, 2007. Skowronek, Stephen. Presidential Leadership in Political Time: Reprise and Reappraisal. Lawrence: University Press of Kansas, 2008. American President: An Online Reference Resource. University of Virginia. <http://millercenter.org/academic/americanpresident>. Presidential Archives. National Archive. <http://www.archives.gov/presidential-libraries/>. Roper Center Public Opinion Archives. <http://www.ropercenter.uconn.edu/>. White House. <http://www.whitehouse.gov/>.
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PRACTICE TESTS Multiple Choice Questions 1. At the Philadelphia Constitutional Convention in 1787, the New Jersey plan A) called for a strong presidency with extensive powers to limit the danger of the tyranny of the majority presented by Congress. B) called for a weak executive that would not present too much of threat to the other branches of government. C) called for the establishment of a rotating executive council comprised of the governors of every state. D) was unclear about the basic structure and function of the presidency. E) was the first attempt to outline a system of separation of powers and checks and balances. Blooms level: Comprehension Page reference: 274 2. Which of the following is NOT an example of the concerns of the founders over granting the presidency too much power? A) the requirement that the Senate confirm presidential treaties and appointments B) the granting of Congress the power to declare war C) the selection of the president through an electoral college D) the provision that Congress could override a presidential veto E) the ability of Congress to impeach and remove the president Blooms level: Analysis Page reference: 274275 3. Which of the following statements most accurately describes changes in presidential power in the United States? A) The Constitutional limits imposed on the presidents powers by the founders remain an effective check on presidential ambition. B) The power of the presidency has greatly decreased over time. C) The power of the presidency has greatly increased over time. D) The power of the presidency has increased relative to Congress but decreased relative to the Courts since the 1940s. E) The power of the presidency has increased relative to the Courts but decreased relative to Congress since the 1940s. Blooms level: Knowledge Page reference: 276
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4. Which president tried unsuccessfully to have the United States john the League of Nations? A) William Taft B) Warren Harding C) Harry S. Truman D) Herbert Hoover E) Woodrow Wilson Blooms level: Knowledge Page reference: 277 5. Which of the following statements about the presidents cabinet is NOT true? A) Members of the cabinet are appointed by the president. B) Presidential appointments to the cabinet must be confirmed by the Senate. C) The cabinet provides expertise and advice to the president. D) Members of the cabinet must simultaneously serve as members of Congress. E) The cabinet may be expanded or reduced at the discretion of the president. Blooms level: Analysis Page reference: 278279 6. The Department of Homeland Security was established in A) 1991. B) 1996. C) 2002. D) 2006. E) 2008. Blooms level: Knowledge Page reference: 278279 7. In recent years, observers have been concerned that A) presidents seldom consider the national interest in their decision making. B) the role of informal political advisors is increasing at the expense of the role of policy experts. C) the presidency has been weakened through ineffective leadership. D) the effectiveness of the presidency has been undermined through cumbersome congressional restrictions. E) the presidency has lost the prestige once associated with the office. Blooms level: Analysis Page reference: 280281
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8. The term _____ is used to describe the burgeoning responsibilities and scope of presidential powers. A) institutional presidency B) presidential authority C) congressional deference D) court mandate E) executive authority Blooms level: Knowledge Page reference: 281 9. The phrase bully pulpit refers to A) the use of the powers of the presidency to intimidate Congress into a specific course of action. B) the ability of the president to intimate foreign countries through the use of the U.S. military. C) the use of the presidents position in the spotlight to draw public attention to issues and to support certain causes. D) the use of the police powers of the executive to arrest members of the opposition. E) none of the above. Blooms level: Comprehension Page reference: 284 10. Which of the following first ladies was NOT generally recognized as exercising considerable informal influence over their husbands administrations? A) Abigail Adams B) Hannah Hoes Van Buren C) Edith Bolling Galt Wilson D) Eleanor Roosevelt E) Hillary Clinton Blooms level: Knowledge Page reference: 285 11. When the president throws out the first pitch at the World Series, the President is performing the role of A) Chief of State B) Chief Legislator C) Chief Executive D) Chief Diplomat E) Commander in Chief Blooms level: Application Page reference: 286
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12. Due to his lack of experience in and familiarity with the national Congress, President _____s legislative agenda largely failed, despite his own party controlling both chambers of Congress. A) Lyndon Johnson B) Jimmy Carter C) Ronald Reagan D) George H.W. Bush E) Bill Clinton F) George W. Bush Blooms level: Comprehension Page reference: 287 13. In the twentieth century, use of the veto A) increased. B) remained steady throughout. C) decreased. D) peaked in the period around World War II. E) peaked in the 1980s. Blooms level: Knowledge Page reference: 288 14. The president is required to inform Congress within 60 days of singing an executive agreement under the terms of the A) War Powers Act. B) Case Act. C) Foreign Policy Transparency Act. D) Wagner Act. E) Congressional oversight rule. Blooms level: Knowledge Page reference: 289 15. The use of the phrase police action was first used to justify the use of the U.S. military abroad without Congressional approval by A) Thomas Jefferson in his war against the Barbary Pirates. B) Abraham Lincoln in the Civil War. C) Harry Truman in the Korean War. D) Lyndon Johnson in the Vietnam War. E) George H.W. Bush in the First Gulf War. Blooms level: Knowledge Page reference: 291
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16. The ability of the Congress to affect foreign policy was demonstrated in 1974, when Congress A) impeached the president. B) passed a bill forcing the withdrawal of U.S. troops from Vietnam. C) removed the commanding officer overseeing U.S. military operation in Vietnam. D) concluded a unilateral peace treaty with North Vietnam. E) cut off funding for the Vietnam War. Blooms level: Knowledge Page reference: 291292 17. Which of the following was NOT issued by a president as an executive order? A) the 1863 Emancipation Proclamation B) the 1948 directive to end segregation in the armed forces C) the 1966 order making affirmative action a federal policy D) the 1977 creation of the Department of Energy E) the 2001 creation of the Office of Faith-based Initiatives Blooms level: Application Page reference: 292 18. A written proclamation of how the executive will interpret a given measure passed by Congress issued by the President is referred to as a(n) A) executive agreements. B) executive orders. C) presidential decrees. D) presidential prerogative. E) signing statements. Blooms level: Knowledge Page reference: 292 19. The Iran-Contra scandal involved A) embezzlement from the national treasury by the president. B) an attempt to burglarize the Democratic National Committees campaign office. C) the secret violation of campaign finance laws imposed by Congress. D) the secret sale of weapons in contravention of Congressional orders. E) the misallocation of contracts to campaign donors. Blooms level: Comprehension Page reference: 292
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20. Excluding the military, the size of the federal bureaucracy has increased from approximately 1,000 during the administration of President Thomas Jefferson, to approximately _____ today. A) 26 thousand B) 260 thousand C) 2.6 million D) 26 million E) 260 million Blooms level: Knowledge Page reference: 292 True-False Questions 1. As initially presented at the Constitutional Convention, the Virginia Plan called for a three-person executive council rather than an individual person to wield executive power in the United States. Blooms level: Comprehension Page reference: 274 2. In order to make the president more responsive to the people, the framers granted the people the power to recall the president for any reason by simple majority vote. Blooms level: Comprehension Page reference: 274275 3. Theodore Roosevelt believed that there were no restrictions on presidential authority except those strictly prohibited in the Constitution. Blooms level: Knowledge Page reference: 276 4. President Franklin Roosevelts New Deal gave birth to the welfare state and shaped the modern presidency in the United States. Blooms level: Comprehension Page reference: 277 5. The composition and role of the presidents cabinet is outlined in Article VI of the Constitution. Blooms level: Knowledge Page reference: 278 6. The Department of Education was created during the presidency of Ronald Reagan. Blooms level: Knowledge Page reference: 278279 109
7. The National Security Council was created in 1947 to provide the president with information and advice on foreign and domestic threats to the United States. Blooms level: Comprehension Page reference: 279 8. President George W. Bushs advisor, Karl Rove, is known mostly for his detailed knowledge of public policy. Blooms level: Comprehension Page reference: 282 9. Thomas Marshall, Vice President to Woodrow Wilson, once famously lamented the insignificance of his office, outlining the story of two brothers: one ran away to sea; the other was elected vice president. And nothing was heard of either of them again. Blooms level: Knowledge Page reference: 282 10. The executive branch cannot make policy. It simply implements laws created by the legislative branch. Blooms level: Comprehension Page reference: 287 Short Answer Questions 1. Identify three reasons why the presidency was not the center of government in the nineteenth century. Blooms level: Knowledge Page reference: 276 2. Theodore Roosevelt is often cited as one of the countrys greatest presidents. Why? How did Roosevelt transform the office of the president? Blooms level: 276278 Page reference: Analysis/Evaluation 3. What are three responsibilities of the Office of Management and Budget? Blooms level: Knowledge Page reference: 279 4. Are the formal or informal powers of the presidency more important in the public policy process? Explain. Blooms level: Evaluation Page reference: 284
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5. What is the War Powers Resolution? How does the Act affect the powers of the president? Blooms level: Comprehension/Evaluation Page reference: 290292 Essay Questions 1. How did Alexander Hamilton refute opposition to the Constitutional Conventions construction of the executive branch? Explain. Blooms level: Comprehension/Evaluation Page reference: 275 2. Evaluate the uses of the cabinet by chief executives since 1960. Blooms level: Evaluation/Comprehension Page reference: 279 3. How have presidents utilized the public to advance their policy initiatives? Which presidents do you believe have been most effective in this regard? Blooms level: Application/Evaluation Page reference: 284; 286287 4. Figure 8.2 (see p. 287 in your text) outlines the percentage of presidential initiatives approved by Congress. What trends do you notice in these figures? What factors might account for those trends? Blooms level: Analysis/Evaluation Page reference: 287288 5. Who was the greatest American president of all time? Explain your answer with reference to the specific criteria and historical context you use to make your assessment. Blooms level: Evaluation Page reference: 294297
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CHAPTER 9
BUREAUCRACY
I. The Federal Bureaucracy A. The Bureaucracy and Public Policy 1. Bureaucracy a. an organization with hierarchical structure and specific responsibilities b. It operates on management principles and is intended to enhance efficiency and effectiveness. c. In government, it refers to departments and agencies in the executive branch 2. Actions or inactions by departments or agencies help determine the implementation of public policy. 3. Agency officials a. Shape public policies by creating rules and administering programs. b. are a source of information for the President and the Congress. c. interact with members of Congress, political appointees, and interest groups in determining how programs should be implemented. B. Organization of the Federal Bureaucracy 1. Departments a. Any of the 15 major government agencies responsible for specific policy whose heads are usually called secretaries and serve in the Presidents cabinet b. Department of State and the Department of Commerce are examples of departments. 2. Independent Agencies a. Independent agencies have narrow responsibilities for a specific policy area. They are independent because they are not part of a larger department. b. The Environmental Protection Agency and the Social Security Administration are examples of independent agencies. 3. Independent regulatory commissions a. Agencies responsible for a specific policy area but are not under the control of the President or a department. b. Appointees are drawn from both political parties and have staggered terms. c. The Nuclear Regulatory Agency and the Federal Communications Commission are examples of independent regulatory agencies. 4. Government Corporations a. An agency that handles a specific function that Congress does not believe the private sector will handle. b. Government corporations have independent boards. c. The US Postal Service is an example of a government corporation.
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C. Development of the Federal Bureaucracy 1. The First Departments a. In 1789, most government functions were at the state level. Hence, only a few departments were created at the national level. i. Department of State ii. Department of War iii. Department of Justice iv. Department of Treasury b. As the scope of the federal government expanded in the late 1800s and early 1900s, the federal government created more departments and agencies. 2. The New Deal and Its Aftermath a. During the Great Depression, President Roosevelt argued that the national government needed to take an active role to relieve suffering and stimulate the economy. b. Some New Deal programs that required departments and agencies to implement them include Social Security, the Works Progress Administration, and the Civilian Conservation Corps. c. After the New Deal and World War II, the public began to expect more from the federal government. B. Changes Since the 1960s 1. The energy crisis of the 1970s led to the creation of the Department of Energy. 2. The increasing number of retiring veterans who needed health care or other benefits led to the creation of the Department of Veterans Affairs. 3. The terror attack on the World Trade Center on 9/11, 2001, led to the creation of the Department of Homeland Security. II. Departments and Independent Agencies A. Departments 1. Historically, Cabinet Departments would advise the President on many issues. Now, the President relies on the Executive Office of the President for advice and policy formulation. Cabinet meetings now only report what the agency is doing. 2. Table 8.2 lists the 15 Cabinet departments and important subunits. B. Political Appointees in Democracy 1. Presidential appointees must be approved by the US Senate. 2. Presidents will usually consider loyalty and expertise when selecting appointees. Recent presidents have also considered diversity a high priority. C. Independent Agencies, Independent Regulatory Commissions, and Government Corporations. III. The Nature of Bureaucracy A. The Image of Bureaucracy 1. Most citizens have a negative image of bureaucracy. 2. Citizens may have unrealistic expectations of the federal bureaucracy.
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B. The Advantages of Bureaucracy 1. Efficient organizations usually have the following characteristics. a. Standardization b. Expertise and Competence c. Accountability d. Coordination 2. Most government jobs are no longer patronage jobs. Patronage jobs went to loyal party members who may or may not be qualified for the positions. 3. A civil service exam is now required for most government positions except for top department or agency heads that the president may still appoint. 4. Civil servants do not lose their job because of a new party winning office. 5. The Hatch Act limits the political activity of federal employees. Politicians cannot force government employees to contribute to their campaigns. C. The Problems of Government Bureaucracy 1. Chain of command slows down the process. 2. Civil service protections may make it difficult for top officials to encourage change or make new priorities. Bureaucratic change is slow and incremental. 3. Government employees are located all across the nation. Communication of rules and standards are sometimes inconsistent. D. Reform of the Bureaucracy 1. Decentralization a. This would allow more decision making to be made at a local or regional level. b. There would be the potential for inconsistent standards and treatment across the country. 2. Privatization a. The argument is that private businesses working under government contracts would work more efficiently. b. Critics argue that private businesses would pay low wages and campaign contributions or political connections would favor some businesses. IV. The Lobbying Pathway and Policymaking A. The Bureaucracy and Legislation 1. The hierarchical flowchart approach is too simplistic to describe the federal bureaucracy. 2. Iron Triangles a. A relationship between a government agency, an interest group, and a congressional committee. b. Each component of this triangle assists the other components. It is very difficult for outsiders to have influence. 3. Issue Networks or Policy Communities a. A large number of interested parties who have expertise in a policy area. b. The interested parties may compete or cooperate with each other for influence in the given policy area. 115
B. The Bureaucracy and Information 1. A long time department official may disagree with the policies of the president or the presidential employee. He or she may inform sympathetic members of Congress or the media of the concerns over the presidents proposals. 2. Congress depends on bureaucracies for information when formulating policies. 3. To avoid distorted information from the executive branch, Congress has created the Congressional Budget Office to also provide information and analysis. 4. Whistle blowers may provide inside information to Congress or the media that may be politically damaging to the presidential administration. C. Regulations 1. Legal rules created by government agencies based on authority delegated by the legislature. 2. With some guidelines, Congress allows experts in government agencies to formulate regulations. 3. Interest groups and the public may play a role in the rule making process. D. Quasi Judicial Processes 1. Officials in government agencies may use specific processes to investigate whether individuals or corporations are obeying laws and regulations. 2. Individuals may appeal to an administrative law judge if they feel that a government agency has not treated them fairly. E. Oversight and Accountability 1. The executive branch provides oversight by appointing the top officials to departments and agencies. 2. The legislative branch provides oversight by holding committee meetings, publicizing problems, and deciding on department and agency budgets. 3. Judicial oversight occurs when lawsuits are filed against an agency or department. TERMS Bureaucracy departments independent agencies independent regulatory commissions government corporations Cabinet departments Cabinet secretaries standardization expertise competence accountability coordination 116
patronage system or spoils system civil service system Hatch Act decentralization privatization Senior Executive Service iron triangle issue networks or policy communities Whistle blowers Whistle blower Protection Act regulations quasi judicial process administrative law judge oversight USING YOUR UNDERSTANDING 1. Select three executive departments (or Cabinet departments). List the Secretaries of each Cabinet, the duties and functions for each department, the number of employees, their latest budget, and what services each provide for the American government. 2. If you had to eliminate one Cabinet Department, which one would you eliminate? How would you explain that decision to the people who currently benefit from that department? 3. The Department of Commerce, Department of Education, the Department of Energy, and the Department of Transportation have occasionally been suggested as possible Cabinet departments that could be eliminated. Some functions may be transferred to other departments and other activities may be left up to state governments. Pick one and defend why that Cabinet Department should NOT be eliminated. FURTHER RESOURCES Fritschler, A. Lee, and Cathy Rudder. Smoking and Politics: Bureaucracy Centered Policymaking. Upper Saddle River: Prentice Hall, 2006. Goodsell, Charles T. The Case for Bureaucracy: A Public Administration Polemic. New Washington DC: C Q Press, 2003. Gormley, William T., and Steven J. Balla. Bureaucracy and Democracy: Accountability and Performance. Washington DC: C Q Press, 2007. Meier, Kenneth J., and John Bohte. Politics and the Bureaucracy: Policymaking in the Fourth Branch of Government. Belmont: Wadsworth, 2006.
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Meier, Kenneth J., and Laurence J. O'Toole. Bureaucracy in a Democratic State: A Governance Perspective. Baltimore: Johns Hopkins University Press, 2006. Peters, B. Guy. The Politics of Bureaucracy. New York: Routledge, 2001. Reich, Robert B. Locked in the Cabinet. New York: Vintage, 1998. Wilson, James Q. Bureaucracy: What Government Agencies Do and Why They Do It. New York: Basic Books, 1991. Executive Branch. <http://www.whitehouse.gov/government/exec.html>. Government Made Easy. <http://www.usa.gov/>. USA Services. <http://info.gov/>.
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PRACTICE TESTS Multiple Choice Questions 1. Bureaucracies are usually defined by their A) hierarchical structures. B) specifically defined areas of responsibility. C) use of management principles focused on efficiency. D) effectiveness. E) all of the above. Blooms level: Synthesis Page reference: 306307 2. Federal standards limiting the amount of arsenic permitted in drinking water were established as a result of A) Congressional legislation as a result of more than a year of hearings. B) presidential executive order based on advice from the nations best scientists. C) a political battle between the Environmental Protection Agency and the National Rural Water Association. D) a court order setting the limit. E) state efforts to establish a comprehensive system governing water quality. Blooms level: Knowledge Page reference: 307308 3. Under the Articles of Confederation, the national government lacked authority to handle matters of taxation, military, and commerce. This led to the A) Revolutionary War. B) Constitutional Convention. C) formation of the Department of Congress. D) Continental Congress. E) dissolution of the first Congress. Blooms level: Comprehension Page reference: 309 4. The federal bureaucracy expanded as a result of A) industrialization. B) urbanization. C) immigration. D) the Great Depression. E) all of the above. Blooms level: Analysis Page reference: 309
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5. In order to better serve the soldiers who had served in World War II, the Korean War, and the Vietnam War, the A) Department of Veterans Affairs was created. B) Congress passed the Veterans Rights Protection Act. C) President issued an executive order increasing veterans benefits. D) Department of Veterans Affairs was consolidated into an independent regulatory agency. E) Department of Veterans Affairs was eliminated. Blooms level: Knowledge Page reference: 311312 6. In the 1960s, President Johnsons Great Society program A) dramatically cut the size of the federal bureaucracy. B) slightly cut the size of the federal bureaucracy. C) had no effect on the size of the federal bureaucracy. D) slightly expended the federal bureaucracy. E) greatly expanded the federal bureacyracy. Blooms level: Comprehension Page reference: 311 7. Before it became part of the Department of Homeland Security, the Secret Service was part of the A) Justice Department. B) Defense Department. C) Labor Department. D) Commerce Department. E) Treasury Department. Blooms level: Knowledge Page reference: 312 8. The Department of Justice is headed by the A) President of the United States. B) Secretary of Justice. C) Chair of the Joint Chiefs of Staff. D) Attorney General. E) Chief Justice. Blooms level: Knowledge Page reference: 314
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9. Presidential nominations to the cabinet are A) commonly rejected by the U.S. Senate. B) sometimes rejected by the U.S. Senate. C) rarely rejected by the U.S. Senate. D) usually approved by the U.S. Senate. E) not confirmed by the U.S. Senate. Blooms level: Analysis Page reference: 316317 10. Condoleezza Rices appointment as Secretary of State was notable because she was the first A) African American (but not the first woman) to hold the position. B) woman (but not the first African American) to hold the position. C) African American woman to hold the position. D) person born after World War II to hold the position. E) Democratic to hold the position in a Republican administration. Blooms level: Comprehension Page reference: 317 11. The process of establishing a common set of rules and procedures to guarantee that, for example, a retiree in Idaho receives the same social security benefits as a similar retiree in Maine is known as A) commonality. B) similarity. C) simultaneity. D) standardization. E) rationalization. Blooms level: Knowledge Page reference: 321 12. In the context of the federal bureaucracy, the merit system refers to a system of A) filling the bureaucracy based on criteria of political loyalty. B) filling the bureaucracy based on criteria of professional qualifications. C) filling the bureaucracy based on the results of direct popular election for department heads. D) requiring Congressional approval for presidential appointees. E) establishing a system of Congressional oversight through the possibility of impeachment. Blooms level: Analysis Page reference: 322
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13. The law that limits the participation of federal employees in political campaigns is the A) Wilson Act. B) Pendleton Act. C) Smoot-Hawley Act. D) Taft Act. E) Hatch Act. Blooms level: Knowledge Page reference: 322323 14. The problems surrounding the implementation of President Bushs No Child Left Behind Program illustrate A) the problems associated with poor implementation of policy. B) the effectiveness of strong presidential leadership. C) the need for bipartisan political reform. D) the lack of political will for school reform. E) all of the above. Blooms level: Analysis Page reference: 323 15. The Senior Executive Service program was established by Congress in order to A) provide flexibility in shifting personnel within the federal bureaucracy. B) provide better services to retirees. C) make the Social Security Administration more responsive to public demands. D) increase the profitability of the Social Security program. E) oversee Congressional programs monitoring the federal bureaucracy. Blooms level: Comprehension Page reference: 325 16. The use of the iron triangles concept to understand the nature and function of the federal bureaucracy has largely been replaced by the use of the concept of A) regulatory processes. B) structural governance. C) issue networks. D) oversight. E) executive services. Blooms level: Comprehension Page reference: 326
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17. The Congressional Budget Office and the Government Accountability Office were established to A) provide investigate issues and report findings to Congress. B) allow Congress to challenge the dominance of the executive. C) provide another layer of bureaucratic oversight over Congress. D) make the government more responsive to the demands of the people. E) eliminate bureaucratic red tape. Blooms level: Comprehension Page reference: 328 18. The federal law intended to prevent officials in the bureaucracy from being punished for their efforts to protect the country from governmental misconduct is the A) Employment Protection Act. B) Whistleblower Protection Act. C) Government Oversight Act. D) Accountability Act. E) Nondiscrimination Act. Blooms level: Knowledge Page reference: 329 19. The power of bureaucratic agencies to investigate and hold hearings regarding alleged violations of federal regulations generally takes place through A) administrative hearings. B) quasi-judicial proceedings. C) courts marshal. D) the federal court system. E) the state court systems. Blooms level: Comprehension Page reference: 330 20. Responsibility for providing oversight and imposing accountability on the federal bureaucracy falls to A) the president. B) the Congress. C) the courts. D) all of the above. E) none of the above; the bureaucracy is independent. Blooms level: Comprehension Page reference: 332
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True-False Questions 1. The Natural Resources Defense Council is an independent regulatory commission based in the Department of the Interior. Blooms level: Knowledge Page reference: 307 2. Independent regulatory commissions are federal agencies with narrow responsibilities for a specific policy issue, such as the Environmental Protection Agency. Blooms level: Comprehension Page reference: 308 3. A dramatic increase in the number of veterans and a desire to meet their demands led to the elevation of the Veterans Administration to a department-level post at the end of the 1980s. Blooms level: Comprehension Page reference: 311312 4. When an agency achieves the status of an executive department, its head becomes a member of the presidents cabinet. Blooms level: Knowledge Page reference: 312 5. All executive branch administrative functions are carried out within the 15 executive departments. Blooms level: Comprehension Page reference: 316317 6. When selecting appointees for cabinet positions, the primary criteria employed by the president are professional experience and policy expertise. Blooms level: Analysis Page reference: 316317 7. In the 1990s, some lawmakers called for decentralization as a solution to the problems of the federal bureaucracy. Blooms level: Comprehension Page reference: 324 8. The private sector is always capable of delivering services more efficiently and at a lower cost than the government. Blooms level: Analysis Page reference: 324325
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9. Both issue networks and policy communities are terms that describe ongoing relationships and contacts between individuals interested in specific policy issues. Blooms level: Knowledge Page reference: 327 10. Jeffery Shanes employment in the Department of Transportation under the Reagan administration, in the private sector while Clinton was in office, and then return to government work under George W. Bush administration illustrates the revolving door of government administration. Blooms level: Application Page reference: 327 Short Answer Questions 1. List and explain the major structural organizations in the federal bureaucracy (departments, independent agencies, independent regulatory commissions, and government corporations). What role does each type of institution play? Blooms level: Synthesis Page reference: 308309 2. Describe two New Deal programs which created jobs for the unemployed and assess their impact on the federal bureaucracy. Blooms level: Analysis/Evaluation Page reference: 310311 3. What are factors which can determine the effectiveness of the implementation efforts of government agencies? Blooms level: Comprehension/Analysis Page reference: 323324 4. Compare and contrast the concepts of iron triangle and issue networks. Blooms level: Evaluation Page reference: 326327 5. Identify four entities whose influence can determine action or inaction by federal agencies and provide a specific example of how each. Blooms level: Application Page reference: 326330
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Essay Questions 1. Discuss the Environmental Protection Agencys effort to change regulations on arsenic levels in drinking water during the Bill Clinton and George W. Bush administrations. What do these events tell us about the relationship between the bureaucracy, the executive branch, and interest groups? Blooms level: Evaluation Page reference: 307308 2. Explain the growth of the federal government between the late nineteenth century and the start of World War II. How did changes in Americas society and economy contribute to the development of its government? Blooms level: Analysis/Evaluation Page reference: 309311 3. What specific reforms are proposed by advocates of privatization? What advantages do they believe will be gained by privatization? Blooms level: Evaluation Page reference: 324325 4. Discuss what agency personnel can do when they disagree with the policies sought by the president and presidential appointees. Which of these tactics do you regard as the most effective? Why? Blooms level: Evaluation Page reference: 327 5. Discuss the purpose and effectiveness of legislative and judicial oversight of the bureaucracy. Blooms level: Comprehension/Evaluation Page reference: 331332
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CHAPTER 10
POLITICAL SOCIALIZATION AND PUBLIC OPINION

I. Public Opinion A. Is Public Opinion Informed? 1. Many citizens do not know the basics of the US governmental system. 2. Some argue that a general understanding of politics is sufficient. B. The Relationship Between Public Opinion and Public Policy 1. ElitismThe theory that a select fewbetter educated, more informed, and more interestedshould have more influence than others in our governmental process. 2. In general, the Framers did not want a political system that was too responsive to the people. 3. PluralismCitizens should be informed and participate in the policy making process. When citizens and groups are more involved, there will be more legitimacy. C. Fundamental Values 1. Most Americans agree on abstract concepts such as freedom of speech or freedom from unreasonable searches and seizures, but disagree on how those abstract concepts should be applied in specific circumstances. 2. Individualism is frequently valued more highly than community interests. US citizens do not expect as much from their government as citizens of other democracies. 3. Most Americans believe in equality of opportunitythe belief that everyone should have an equal chance for success in education, in work, and in politics. 4. Equality of outcome is more controversial. Equality of outcome is the belief that government must diminish differences so that everyone is equal in status and value. II. The Stability of Political Beliefs A. Sources of Stability 1. a consensus on fundamental values 2. Elites are more educated and more supportive of democratic ideals. 3. US has usually avoided violence by using political pathways to promote change. B. Shifts in Public Opinion 1. Most changes in public opinion in the US occur gradually. 2. Cohort replacementyounger generations replace older generations 3. demographic change 4. As technology advances, the way people receive information changes. 5. Public opinion on foreign policy changes more quickly than public opinion on domestic policy.
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C. The Impact of Popular Culture and Political Opinions and Values 1. It is difficult to assess whether popular culture affects public opinion or public opinion affects popular culture. 2. Catalyst for change theorypopular culture affects the independent attitudes of the public. 3. Barometer of public attitudespopular culture is a reflection of public opinion. 4. Interactive theorypopular culture affects and reflects public opinion. III. From Values to Ideology A. IdeologyA consistent set of beliefs that form a general philosophy regarding the proper goals, functions, and size of government. 1. Liberals tend to support social and cultural change (especially on issues of equality) and wants an activist government that encourages change. 2. Conservatives tend to favor traditional views of social, cultural, and economic matters and demand a more limited role for government in most spheres. B. Conservatives Versus Liberals 1. Liberals a. tend to favor more spending on environmental protection, national parks, social services, and education. b. oppose most regulations on abortions and other restrictions on personal choices. c. tend to be more concerned about the civil liberties implications in fighting terrorism. 2. Conservatives a. tend to favor smaller government budgets and less spending on social services. b. tend to favor traditional patterns of behavior such as the domestic role for women in families and mandatory prayer in public schools. c. tend to favor more governmental power in promoting order when fighting terrorism. IV. Political Socialization A. Agents of Political SocializationFactors that influence the acquisition of political facts and formation of values. B. Family 1. Family has the largest influence on political values of children. 2. Children tend to have the same party identification of their parents if both parents have the same party identification. C. Schools 1. Children learn to respect authority. 2. Children gain a sense of nationalism and an idealized sense of US government which leads to an acceptance of American government.
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3. Field trips and student government help students become more aware of politics and government. 4. College has a liberalizing effect on non-economic issues, although the causal mechanism is not clear. Peers and Community 1. Peers tend to have similar values and reinforce each others beliefs. 2. People living in diverse communities tend to have higher levels of political efficacy. Religion 1. Conservative religious denominations tend to impart conservative values more than liberal denominations impart liberal values. 2. Members of religiously diverse congregations tend to have higher levels of political participation. Media 1. The media has mixed effects on public opinion and political socialization. 2. Media emphasis on negativity may negatively affect political efficacy. 3. People who watch late night television programs tend to me more informed than those that do not. EventsMajor events such as the terrorist attack on 9/11 have a short-term impact on public opinion, but the long-term opinion is not certain at this time.
V. Social Groups and Political Values A. Crosscutting Cleavages 1. When two or more factors influence a persons opinion, it is difficult to ascertain the most important factors. 2. Crosscutting cleavages tends to moderate public opinion and lead to stability over time. B. Economic Bases of Partisanship and Public Opinion 1. Socio-economic status tends to be a very good predictor of party identification. 2. The relationship between income and party identification becomes more complicated when education is taken into account. C. Education 1. Better educated people tend to be more liberal on non economic issues such as homosexual rights and abortion rights. 2. Less educated people tend to be more isolationist on foreign policy issues than more highly educated people. D. Religion 1. Jews tend to lean toward the Democratic Party. 2. White Evangelical Protestants tend to lean towards the Republican Party. 3. Mainline Protestants are split between the two major parties. 4. Catholics a. Historically, Catholics had been more aligned with the Democratic party
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b. In the last few decades, Catholics more concerned with issues such as abortion or gay rights have leaned toward the Republican Party. c. Catholics more concerned about social justice issues have leaned toward the Democratic Party. E. Race and Ethnicity 1. Whites believe there has been significant progress regarding civil rights, while African Americans believe much more needs to be done. 2. African Americans believe that poverty is a result of social factors while whites believe that poverty is a result of personal characteristics. 3. The percentage of Hispanics in the population is rapidly growing, but Hispanic opinions are not as pronounced as those of African Americans. F. Gender 1. Gender gapdifferences between men and women on political issues and party identification. 2. Women are less likely to support war or capital punishment. 3. Women are more likely to support spending on social programs. 4. There is not a significant difference between men and women on the issue of abortion. 5. Why is there a gender gap in public opinion? a. Attitude hypothesismen and women have different opinions on political issues. b. Salience hypothesissome issues are more important to women than men. c. Situational hypothesisdifferences in opinions are a result of differences in the role of men and women in society, particularly in regards to caring for the family and economic issues. VI. Measuring Public Opinion A. Use of Polls 1. Polls may provide an indication that there are different viewpoints in a society. On the other hand, they may have the effect of silencing a minority. 2. Some critics of polling argue that public opinion polls give the public a false sense of participation. However, elites still have most power in society. B. Modern Polling Techniques 1. Sampling: How Many Units? a. Samplinga subset of the populations under study, usually representing the whole population with a large degree of reliability. b. Samples must be representative. Every major group in the population should be present in the sample in similar proportions. c. Most national samples survey around 1,200 people. 2. Types of Samples a. Probability sampleselection procedure in which every member of the population has an equal chance of being selected.
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b. Accidental samplean unsystematic procedure of selecting individuals for a survey. c. Stratified samplethe target population is broken up into subgroups before the ample is taken. C. Survey Research 1. Types of Questionnaires a. Personal interviews present the best possibility for in depth interviews. b. Telephone surveys are best for brief questionnaires and to get results quickly. c. Mail surveys are the cheapest questionnaire method, but have a low response rate. 2. Interpreting Public Opinion Polls a. Be aware that many election related polls screen for likely voters. b. Confidence Levelthe probability that the results found in a sample represent the true opinion of the entire public under study. D. Controversies Surrounding Polling 1. Pseudo pollscall in or Internet surveys are easy to implement but are not probability samples. 2. Caller ID and cell phone use has made polling more difficult. 3. Occasionally the use of exit polls on election night has caused controversies in reporting the results of an election. 4. The emphasis on polls in media coverage of elections has led some critics to argue that the media covers elections as a horse race instead of focusing on issues. TERMS public opinion elitism individualism equality of opportunity equality of outcome cohort replacement catalyst for change theory barometer of public attitudes theory interactive theory political ideology liberalism conservatism agents of political socialization efficacy crosscutting cleavages gender gap attitude hypothesis 131
salience hypothesis situational hypothesis sample probability sample simple random sample stratifies sample accidental sample personal interview telephone survey mail survey confidence level exit polls USING YOUR UNDERSTANDING 1. Go to the reports section of the Pew Center at http://people-press.org/reports/. http://poll.gallup.com/ Pick a report from the last few months. Besides reading the report, examine the tables. Write a few paragraphs explaining how the public at large and various subgroups feel about the issue you chose. For example, if you chose a report on the economy, you would want to report how Americans in general felt, but then you would want to examine the tables that look at the differences across age or across educational backgrounds. If the report does not break it down by subgroups, discuss some of the other tables. For example, some of the reports may have tables and discussions pertaining to an opinion on an issue that has changed over time. Make sure you incorporate some of the numbers or percentages in your discussion. Study the various tables. Dont just read the text. Political analysis often requires examining statistics and data. Were you surprised by any of the findings? 2. Go to http://www.gallup.com/poll/election2008.aspx and examine the section called Elections Trend by Group. Choose several groups and examine the trend over time of how support for Obama and McCain changed among various sub groups. Which groups changed their opinions of Obama or McCain over the course of the 2008 campaign? Were there any groups that remained consistent over the course of the 2008 campaign? FURTHER RESOURCES Asher, Herbert. Polling and the Public: What Every Citizen Should Know. Washington DC , 7th: C Q Press, 2007. Erikson, Robert S., and Kent L. Tedin. American Public Opinion: Its Origins, Content, and Impact. 7th ed. New York: Longman, 2006. Flanigan, William H., and Nancy H. Zingale. Political Behavior of the American Electorate. 11th ed. Washington DC: C Q Press, 2005. 132
Popkin, Samuel L. The Reasoning Voter: Communication and Persuasion in Presidential Campaigns. Chicago: University of Chicago Press, 1994. Stimson, James A. Tides of Consent: How Public Opinion Shapes American Politics. Cambridge: Cambridge University Press, 2004. Stonecash, Jeffrey. Political Polling 2 Ed. New York: Rowman & Littlefield, 2008. Zaller, John R., Dennis Chong, and James H. Kuklinski. The Nature and Origins of Mass Opinion. Cambridge: Cambridge University Press, 1992. Gallup. <http://www.gallup.com>. Pew Research Center for the People and the Press. <http://people-press.org/>. Polling Report. <http://www.pollingreport.com/>. Rasmussen Reports. <http://www.rasmussenreports.com/>.
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PRACTICE TESTS Multiple Choice Questions 1. What historic event took place on April 22, 1970 A) the assassination of President John F. Kennedy B) the first Earth Day C) the first man walked on the moon D) the first e-mail was sent E) President Richard Nixon resigned from office Blooms level: Knowledge Page reference: 339 2. In Federalist No. 68, Hamilton argues in favor of the A) the use of political parties. B) the need for an independent court. C) the retention of power by the states. D) indirect election of the president. E) the need to balance liberty against order. Blooms level: Comprehension Page reference: 340 3. The Brady Bill was a bill that A) imposed gun control. B) limited free speech. C) imposed term limits. D) restricted abortion rights. E) increased penalties for drug possession. Blooms level: Knowledge Page reference: 341 4. The _____, a gun-control law passed in 1993, expired in 2004. A) School Safety Act B) Townsend Act C) Smith Provision D) Brady Bill E) Little Act Blooms level: Knowledge Page reference: 341242
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5. Compared to most Europeans, the political view of most Americans tends to emphasize A) individual over community. B) a more limited role for the state. C) patriotism. D) individual liberties. E) all of the above. Blooms level: Synthesis Page reference: 343 6. That Americans value individualism highly is reflected in A) our commitment to capitalism. B) the wording of the U.S. Constitution. C) our governments active involvement in heath care and poverty, relative to the actions of governments in Europe. D) Both A and B. E) Both B and C. Blooms level: Comprehension Page reference: 343 7. Most gradual change in public opinion can be explained by A) cyclical economic change. B) the process of social enlightenment. C) cohort replacement. D) the march of progress.. E) elite power struggles. Blooms level: Analysis Page reference: 344 8. It is estimated that 50 percent of the electorate is replaced every _____ years through cohort replacement. A) 5 years B) 10 years C) 15 years D) 20 years E) 25 years Blooms level: Knowledge Page reference: 344
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9. The phrase glass ceiling refers to A) cutting edge materials used in construction of earthquake-proof buildings. B) discriminatory factors which undermine womens involvement in politics. C) discriminatory factors keeping women from the highest levels of leadership in the corporate world. D) discriminatory factors which undermine the participation of African American in politics. E) discriminatory factors while undermine the involvement of African Americans in the business world. Blooms level: Comprehension Page reference: 346 10. Betty Friedan wrote the book ____ in 1963. A) Uncle Toms Cabin B) Tropic of Cancer C) A Nation of Sheep D) The Feminine Mystique E) The Fire Next Time Blooms level: Knowledge Page reference: 347 11. Individuals who support using government to promote social and cultural change while protecting civil liberties would usually be classified ideologically as A) liberals. B) conservatives. C) communists. D) anarchists. E) libertarians. Blooms level: Comprehension Page reference: 348 12. The consistent set of beliefs that forms a general philosophy regarding the proper goals, purposes, functions, and size of government is referred to as A) political culture. B) political ideology. C) political efficacy. D) political values. E) political systems. Blooms level: Knowledge Page reference: 348
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13. Adults with college education tend to be more _____ on social issues than the less educated. A) conservative B) libertarian C) liberal D) apathetic E) socialistic Blooms level: Knowledge Page reference: 351 14. Call to Renewal is a A) political action committee dedicated to imposing term limits. B) conservative faith-based group. C) progressive faith-based group. D) non-partisan faith-based group. E) Republican political action committee. Blooms level: Knowledge Page reference: 356 15. Before the civil rights movement, black participation in twentieth-century American politics was A) common in northern cities. B) unheard of. C) generally quite limited. D) common in southern cities. E) common in the northern countryside.. Blooms level: Comprehension Page reference: 357 16. The political views of African Americans and other minority groups in the United States tend to be A) very similar. B) radically different. C) less strongly held than those of whites. D) more strongly held than those of whites. E) similar to those held by whites. Blooms level: Synthesis Page reference: 358
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17. A hypothesis that argues that women are more likely to support an increase in spending on food stamp programs or other assistance to the poor because female headed households are more likely to live in poverty is an example of the A) attitude hypothesis. B) salience hypothesis. C) efficacy hypothesis. D) situational hypothesis. E) positional hypothesis. Blooms level: Application Page reference: 359 18. Who famously observed that There are three kinds of lies: lies, damned lies, and statistics. A) Benjamin Disraeli B) Mark Twain C) John Stewart D) George Carlin E) Tony Blair Blooms level: Knowledge Page reference: 360 19. _____ surveys have increased in popularity in recent decades because they are relatively quick and cheap. A) Mail B) Determinate C) Telephone D) Personal E) Place Blooms level: Comprehension Page reference: 363 20. A poll has a margin of error of plus or minus 3 percentage points and the confidence level is 95 percent. If 48 percent of respondents indicate they favor a particular candidate, this means that the actual level of support for that candidate A) will be between 45 and 51 percent 95 percent of the time. B) will be between 45 and 95 percent 3 percent of time. C) will be between 48 and 95 percent 95 percent of time. D) will be between 13 and 31 percent 3 percent of time. E) cannot be accurately measured. Blooms level: Application Page reference: 363
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True-False Questions 1. Political culture refers to the attitudes of individuals regarding their political leaders and institutions as well as political and social issues. Blooms level: Comprehension Page reference: 340 2. In crafting the new constitutional system, the founders sought to increase the responsiveness of the government to public opinion. Blooms level: Analysis Page reference: 340341 3. Individualism is a fundamental component of American political culture. Blooms level: Comprehension Page reference: 342 4. Women presently comprise 23 percent of state legislators. Blooms level: Knowledge Page reference: 346 5. Schools play little role in political socialization. Blooms level: Comprehension Page reference: 350351 6. Viewers of nighttime talk-shows like The Daily Show, Leno, and Letterman, generally have poor political knowledge. Blooms level: Knowledge Page reference: 352353 7. In examining polls impact on the public and on leaders, Elizabeth Noelle-Neumann developed the theory of a spiral of silence. Blooms level: Knowledge Page reference: 360 8. Asking television viewers to call in or text to vote for their favorite contestant is an example of the probability sampling technique. Blooms level: Application Page reference: 362 9. Confidence level refers to the probability that the results found in a given sample represent the true opinion of the entire public under study. Blooms level: Comprehension Page reference: 363 139
10. Poll coverage during elections has been critiqued for focusing too heavily on the horse race, paying close attention to who is ahead or behind in the polls rather than considering the candidates stands on specific issues. Blooms level: Comprehension Page reference: 364 Short Answer Questions 1. Why do government officials pay close attention to public opinion polls and other measures of public opinion? Why do most politicians deny that they pay any attention to polls? Blooms level: Evaluation Page reference: 341342; 360364 2. Define the terms individualism and socialism. Blooms level: Comprehension Page reference: 342343 3. Identify and explain three factors that help explain the stability of popular belief structures. Blooms level: Synthesis Page reference: 344347 4. List and explain the impact of social groups on political values. How do the political attitudes of Americans tend to differ by income, education, religion, race and ethnicity, and gender? Blooms level: Analysis Page reference: 354359 5. Imagine you want to conduct a survey to understand how students at your school will vote in an upcoming election. How would you conduct your poll to ensure the highest degree of confidence and accuracy in your results? Blooms level: Application Page reference: 360363 Essay Questions 1. What led to the governments declaration of a War on Drugs? What role did public opinion play in shaping the governments anti-drug policies? Blooms level: Application Page reference: 342
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2. How would you explain the existence of a set of fundamental American values? In your opinion, is there as much consensus in the United States today about fundamental values as there was in the past? Blooms level: Evaluation Page reference: 344347 3. Evaluate the degree of change in public opinion regarding abortion (see Figure 10.1 in your text). What factors do you think account for the relative degree of change (or stability) reflected in the figure? Blooms level: Analysis/Evaluation Page reference: 345 4. Examine the impact of religion as an agent of political socialization. Why do religion and family often act as reinforcing agents in this context? Blooms level: Comprehension/Evaluation Page reference: 352; 355356 5. Examine problems with exit polling that occurred during the 2000 and 2004 presidential elections. Should these polls be continued? Why or why not? Blooms level: Evaluation Page reference: 365365
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CHAPTER 11
THE POLITICS OF THE MEDIA

I. Mass Media A. Media and Democracy: An Interactive Relationship 1. Marketplace of ideasthe concept that ideas and theories compete for acceptance among the public. 2. The media is used to facilitate the two-way flow of information between the government and the people. 3. A free press is essential to a democracy, even though many may not like some media portrayals. II. The Growth of the Mass Media A. Print Media 1. In early US history, newspapers were important in building support against British policies, in favor of independence, and in favor of the new Constitution. 2. Party pressesIn the 1800s, newspapers were funded by political parties and were extremely partisan. 3. Penny pressNewspapers that appealed to the common person. Less emphasis on politics and more emphasis on human interest stories. 4. In the mid 1800s, newspapers become more objective and fact based. 5. Yellow journalismsensationalized stories to sell more copies. 6. During the twentieth century, newspaper ownership became more centralized and the number of newspapers diminishing. B. Electronic Media 1. Radio a. Radio stations in the US are privately owned with a government providing oversight and issuing licenses. b. Similar to the trend in newspapers, radio stations have become more centralized. 2. Television a. Television is unique in that it can provide content live and there is a more emotional appeal from viewers. b. Unlike radio and newspapers, there is some decentralization in television. Cable and satellite have provided competition to the traditional television networks. 3. Internet a. Almost all government agencies and public officials use some form of Internet communication. b. There is a concern that the public can become more fragmented politically by using the Internet to appeal to very narrow groups. c. Technology gap (or digital divide)There are significant differences in Internet availability on the basis of race, class, and age. d. The Internet can provide updated news very quickly, but information is not always reliable. 143
e. In recent years, many individuals get their political information from social networking sites. III. Functions of the Media A. Entertainment 1. Entertainment programs have tended toward negative portrayals of political figures. 2. The distinction between news and entertainment can sometimes be blurred as in the Murphy Brown controversy of the 1990s. B. Social Effects of the Media 1. Surveillance to report world events a. The surveillance function draws attention to problems that need to be addressed. b. The surveillance function is not always positive. Excessive negativity may lead to public cynicism. c. Investigative reportingreporters investigate a subject matter (frequently a scandal) to inform the public, correct an injustice, or expose an abuse. d. Muckrakinga term first used by Theodore Roosevelt to describe journalists who sensationalized stories. 2. Interpretation a. The way the media frames a story may provide an indication of who is good and who is bad. b. Media bias i. Conservatives allege there is a liberal bias in the media. Surveys of newspaper reporters show that most reporters lean liberal in their political viewpoints. ii. Liberals argue that media coverage is fair or there is a conservative bias. (a) Surveys of editors and owners show that most tend to lean conservative. (b) Historically, newspapers have endorsed Republican presidential candidates more than Democratic presidential candidates. 2. Socialization a. The media reinforces some fundamental societal values such as capitalism. b. With so many options, adults with well formed opinions can search for media to reinforce their viewpoints. II. Political Use of the Media A. How Politicians Make the News 1. Earned media coveragepoliticians seek news coverage because it is more credible than paid advertising. 2. Pseudo eventsa staged event for politicians to gain media attention.
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3. Sometimes the relationship between the media and politicians is adversarial and sometimes the relationship is reciprocal. B. How Journalists Report the News 1. Agenda settingfeaturing specific stories in the media to focus attention on particular issues. 2. Gatekeepersindividuals who decide which stories will receive attention in the media and from which perspective. 3. White House communication a. Press releases b. News briefings c. News conferences 4. Four major functions of White House media coverage a. inform the executive branch of about current events. b. inform the executive branch about the concerns of the public. c. Media allows presidents to express their policy positions. d. Media keeps the President in public view. 5. Covering Congress a. Congress gets less attention than the President. b. The slower pace of Congress makes coverage less exciting. 6. Covering the Courts a. Federal judges rarely do interviews so as to maintain the perception of impartiality. b. Courts deliberate and make decisions in private. c. Confirmation hearings can be controversial. C. How Groups Use the Media 1. Pseudo events 2. Press releases and bulletins 3. Expert interviews 4. Letters to the editor or op ed articles 5. Issue advocacy advertising III. The Media and the Public in the Political Arena A. Media in Campaigns 1. Frontrunners tend to get more favorable coverage 2. Emphasis on the negative 3. Politicians adapt to the sound bite nature of political news coverage. 4. Debates a. Candidates try to lower expectations. b. Candidates will hire coaches or consultants to help improve their television image. B. Global Issues 1. Some countries are concerned about the global reach of the American news media and the promotion of American culture. 2. Foreign programming is available in the US, but not to the extent that American programming is available in other countries. C. Narrow castingthe targeting of specific audiences 145
D. Concentration and Centralization of Ownership 1. The increased concentration of the radio and newspaper business raises the concern of less diversity in news reporting. 2. Competitive news marketslocales with two or more news organizations that can check each others accuracy and neutrality of reporting. 3. News monopoliessingle news firms that control all the media in a given market. IV. Governmental Regulations A. Media and Government: A Tense Relationship 1. The tension between media and government is most evident during wartime. 2. In recent years, government has tried to control information to the news media. B. The Right to Privacy 1. People in the public eye have less privacy protection than private citizens. 2. In order to ensure privacy, specific accommodations or rules must be used when a public person will be tried in court. C. Rules Regarding Content and Ownership 1. Libel a. Laws designed to protect the reputation of individuals from negative and false reporting. b. For public figures, libel is difficult to prove because actual malice must be proven. 2. Prior censorship a. Forbidding publication of material considered objectionable. b. It is very difficult for government to censor information unless there is a genuine national security risk. 3. Equal time ruleFCC rule that requires offering equal air time in the broadcast media for all major candidates competing for political office. 4. Fairness doctrineFrom 1949 to 1985, broadcasters were required to provide time for reasonable opposing viewpoints to be expressed. 5. Regulating the ownership of the media. a. The Telecommunications Act of 1996 deregulated previous ownership restrictions. b. Since 1996, there have been many media mergers. D. The Role of Profits 1. Viewpoints of media control a. Libertarian viewmedia should be allowed to show what they think the public wants without worrying about the consequences. b. Social responsibility theory (public advocate model)media needs to balance what the public wants with information that it needs. 2. The Hunt for Ratings a. The need for money often determines newsworthiness. b. Even though the ideal citizen should want hard news, most citizens prefer soft news. 146
TERMS marketplace of ideas print media party presses penny press yellow journalism electronic media technology gap (digital divide) investigative reporting muckraking media bias earned media coverage pseudo events agenda setting framing gatekeepers press releases news briefings news conferences leaks sound bites narrow casting competitive news markets news monopolies libel actual malice prior censorship equal time rule fairness doctrine libertarian view social responsibility theory (public advocate model) hard news soft news USING YOUR UNDERSTANDING 1. Select a current event at the national level. For a week, compare and contrast news coverage from the three different sources of national media: a) a national newspaper (New York Times, Washington Post, or Wall Street Journal); b) a television network (ABC, NBC, or CBS); c) a cable network (CNN, MSNBC, or FOX); and d) public broadcasting (National Public Radio or PBSs Jim Lehrer New Hour). 2. Select a current event at the local level. Compare and contrast news coverage from local television stations, local newspapers, and local radio stations. Find out who the owners of the 147
various media sources are in your local area. Are you in a competitive news market? Is there a news monopoly? Is there a corporation that owns your local newspaper, a television station, and a radio station? Do you think ownership of local media made a difference in the diversity of coverage? FURTHER RESOURCES Ansolabehere, Stephen, and Shanto Iyengar. Going Negative. New York: Simon & Schuster, 1997. Bennett, W. Lance, and Doris A. Graber. News: The Politics of Illusion. 8th ed. New York: Longman, 2006. Iyengar, Shanto, and Jennifer McGrady. Media and Politics: A Citizens Guide. Boston: W. W. Norton & Company, Incorporated, 2006. Jamieson, Kathleen Hall, and Paul Waldman. The Press Effect: Politicians, Journalists, and the Stories That Shape the Political World. New York: Oxford University Press, 2004. Mayer, Jeremy D. American Media Politics in Transition. New York: McGraw-Hill Humanities, 2007. Graber, Doris A. Media Power in Politics. 5th ed. Washington DC: C Q Press, 2006. Niven, David. Tilt?: The Search for Media Bias. New York: Praeger, 2002. Patterson, Thomas E. Out of Order: An Incisive and Boldly Original Critique of the News Media's Domination of America's Political Process. New York: Vintage, 1994. West, Darrell M. Air Wars: Television Advertising in Election Campaigns, 19522004. 4th ed. New York: C Q Press, 2005. Accuracy in Media. <http://www.aim.org/>. Annenberg Public Policy Center. University of Pennsylvania. <http://www.appcpenn.org/>. Fairness and Accuracy in Reporting. <http://www.fair.org>. Media Matters. <http://mediamatters.org/>. Media Research Center. <http://www.mrc.org/>.
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PRACTICE TESTS Multiple Choice Questions 1. The importance of the media in linking government with the people has A) grown in recent times. B) lessened in recent times. C) slightly lessened as voter apathy has influenced the medias link to the people. D) remained untouched despite an improvement in Internet communications. E) remained unchanged despite governmental efforts to promote the link. Blooms level: Analysis Page reference: 374 2. Democracies suggest that the public needs A) an unequivocal belief in its government during times of war. B) censorship of the media during family programming time. C) a free press to keep government in line. D) a media subject to checks and balances, just like the government. E) strict standards regulating the use of public airwaves. Blooms level: Knowledge Page reference: 375 3. By the late 1770s, most presses were actively promoting American independence. These presses continued this activity throughout the Revolutionary War by A) publishing slanderous articles about King George III. B) reporting Patriot successes while downplaying losses. C) donating the newspapers revenues to the colonial army. D) reporting false information to intentionally dupe British military forces. E) transmitting coded messages across the colonies. Blooms level: Synthesis Page reference: 376 4. How did the penny presses differ from the newspapers which preceded them? A) They offered less political news. B) They were less partisan. C) They offered relied more expensively on professional reporters. D) They relied on advertising rather than subscription fees to cover costs. E) They did all of the above. Blooms level: Comprehension Page reference: 376377
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5. During which of the following time frames did listening to the radio first become popular in the United States? A) 1900 to 1910 B) 1910 to 1920 C) 1920 to 1930 D) 1930 to 1940 E) 1940 to 1950 Blooms level: Comprehension Page reference: 377 6. Which of the following groups has the highest level of Internet access, accruing to a 2003 U.S. Census Bureau report? A) People with an advanced degree B) Hispanic Americans C) People with a family income of more than $100,000 D) People over 65 years of age E) Whites Blooms level: Comprehension Page reference: 379 7. According to a 2008 Pew Research Center survey, approximately _____ percent of Americans say they regularly learn something about political candidates or issues from the Internet. A) 10 B) 25 C) 50 D) 75 E) 90 Blooms level: Knowledge Page reference: 380 8. A 1999 investigative report on injustices in the application of the death penalty led the governor of _____ to suspend the death penalty in the state. A) California B) Nebraska C) Texas D) Florida E) Illinois Blooms level: Knowledge Page reference: 384
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9. Most research on media bias concludes that, in toto, the media are A) liberal. B) conservative. C) balanced. D) anti-American. E) anti-capitalist. Blooms level: Synthesis Page reference: 385386 10. When the media acts helps to teach political culture, facts, and opinions that shape our political belief structures, they are performing their A) entertainment function. B) surveillance function. C) interpretation function. D) socialization function. E) evaluation function. Blooms level: Knowledge Page reference: 386 11. Agenda setting refers to A) the airtime provided free of charge to candidates running for political office. B) events that appear to be spontaneous but are in fact staged and scripted by public relations experts. C) featuring of specific store in the media in order to focus attention on specific issues. D) determining of which stories will receive attention in the media and from which perspective they will be covered. E) the process by which the media normalizes some facts and positions them within the broader political culture. Blooms level: Comprehension Page reference: 388 12. A media event, often staged, where reporters ask questions of politicians or other celebrities is generally referred to as a A) press release. B) news briefing. C) photo op. D) news conference. E) cabinet briefing. Blooms level: Comprehension Page reference: 389390
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13. In a recent high-profile case, CIA covert operative Valerie Plames name was leaked to the media by A) Robert Novak B) Carl Bernstein C) Bob Woodard D) Mark Felt E) Scooter Libby Blooms level: Knowledge Page reference: 391 14. All societies have laws regulating the media, most commonly stemming from A) the history of the society. B) the type of government ruling the society. C) national security concerns. D) how modern or educated the society is. E) the value placed on individual freedom. Blooms level: Knowledge Page reference: 398 15. The most controversial issue regarding content are concerns about A) diversification. B) news monopoly. C) narrowcasting. D) prior censorship. E) specialization. Blooms level: Comprehension Page reference: 399 16. Historically, Americans have A) opposed censorship, believing the state should not regulate the economy. B) opposed censorship, believing that a free and vigorous media are necessary to a democracy. C) been indifferent to censorship. D) supported censorship, believing that children should be protected from images of violence at all costs. E) supported censorship, believing that the state should ensure all citizens have a strong moral foundation necessary in a democracy. Blooms level: Knowledge Page reference: 399
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17. The belief that the government should not interfere in the media, allowing them to produce whatever the public demands, is advocated by A) liberals. B) conservatives. C) socialists. D) anarchists. E) libertarians. Blooms level: Comprehension Page reference: 400 18. Until 1985, the Federal Communications Commission required broadcast media to allow all reasonable positions on controversial issues of public interest to be presented under the A) neutrality doctrine. B) right of the rebuttal. C) equalization law. D) fairness doctrine. E) equal time rule. Blooms level: Knowledge Page reference: 400 19. The Telecommunications Act of 1996 A) eliminated the Federal Communications Commission. B) deregulated many limitations on media ownership. C) overturned the equal time rule. D) introduced stricture rules regulating decency in the public airwaves. E) re-imposed the fairness doctrine. Blooms level: Comprehension Page reference: 400 20. According to a 2006 Pew Center survey, 57% of national and local media reporters, producers, editors, and executives believe that ______ is hurting national and local news coverage. A) greater effort to provide fair and balanced perspectives B) more partisan attacks C) a shift towards investigative journalism D) a greater emphasis on controversial stories E) a greater emphasis on increasing ratings, ad revenues and profitability Blooms level: Analysis Page reference: 401
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True-False Questions 1. Obstructing the two-way information flow is a tactic dictators use to preserve their power. Blooms level: Knowledge Page reference: 374 2. Walter Cronkites assertion that the Vietnam War would likely end in a stalemate led President Johnson to conclude the Americans had lost confidence in his presidency. Blooms level: Comprehension Page reference: 374 3. The term yellow journalism emerged in the 1980s to describe the type of reporting offered by daytime talk shows like the Jerry Springer Show. Blooms level: Comprehension Page reference: 377 4. Unlike newspapers and radio stations, almost from their beginning TV stations were affiliated with networks due to high costs, thus centralizing ownership. Blooms level: Analysis Page reference: 378 5. Entertainment media can shape political culture. Blooms level: Comprehension Page reference: 382383 6. While individual journalists tend, on average, to be more liberal than the average American, there is little evidence to suggest that the news media taken as a whole have a liberal bias. Blooms level: Comprehension Page reference: 386 7. Public concerns stem from the fact that no one can check the medias selection of news. The media are their own guardians, open to no serious challenge. Blooms level: Knowledge Page reference: 389 8. One danger of the horse race coverage of presidential elections is that it encourages too many candidates to run for office. Blooms level: Analysis Page reference: 395
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9. The government has written extensive regulations governing the appropriate balance between the publics right to know and the individuals right to privacy in media coverage. Blooms level: Synthesis Page reference: 398 10. The majority of journalists, editors, and producers believe the pressure to make news programming profitable undermines the quality of national and local news reporting. Blooms level: Comprehension Page reference: 401 Short Answer Questions 1. How did newspapers target the elite versus ordinary citizens in early nineteenth-century America? Blooms level: Analysis Page reference: 376 2. How has the increasing use of the Internet, particularly sites like MySpace and Facebook, changed the pattern of news coverage and political knowledge of young Americans? Blooms level: Evaluation Page reference: 379380 3. Explain the different approaches politicians use to make the news. Why do politicians and the news media often have an adversarial relationship? Blooms level: Analysis Page reference: 388393 4. Define narrowcasting and explain its significance in contemporary American politics. Blooms level: Comprehension/Evaluation Page reference: 396 5. Define libel and explain how the concept is used in different ways with respect to public and private figures. Blooms level: Application Page reference: 398399
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Essay Questions 1. How did the development of television differ from that of newspaper and radio media? In what ways has television had a unique effect on public opinion? In the last 20 or 30 years has network televisions audiences changed? Why? Blooms level: Evaluation Page reference: 376378 2. How do individuals and groups use the media as a pathway of political action? Blooms level: Comprehension/Analysis Page reference: 383384; 390391; 393 3. Explain the concept of narrowcasting. How has narrowcasting affected political knowledge and political views in the United States? Is narrowcasting a cause for concern? Why or why not? Blooms level: Analysis/Evaluation Page reference: 396 4. Explain how the FCC has historically used the fairness doctrine, the equal time rule, and the right of rebuttal. What effect might the relaxing of these rules have on political campaigns in the United States? Blooms level: Evaluation/Application Page reference: 400 5. What effect do profit-driven goals have on news coverage? Does the drive to maintain profits negatively impact the quality of news delivered to the public? Blooms level: Evaluation Page reference: 400401
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CHAPTER 12
CIVIC AND POLITICAL ENGAGEMENT

I. Activism and Protest in the United States A. A Brief History 1. Alexis De Tocqueville visited the United States to observe American democracy. a. In contrast to Europeans, De Tocqueville observed that Americans were more willing to join in associations to solve problems or collectively express their concerns to government. b. He remarked that in order to preserve freedom, people must work together. This was especially important for non-elites who may have little power individually, but can have great power if joining others. 2. Activism is a key aspect of American political culture. Groups have emerged to challenge the status quo and groups have organized to protect it. B. The Right to Revolt 1. In writing about social contract theory, John Locke wrote that if government was not protecting natural rights, then citizens have a right to revolt against government and replace it. 2. Thomas Jefferson expressed the notion of social contract theory and the right to revolt in the Declaration of Independence. 3. The American Revolution encouraged a sense of egalitarianismthe doctrine of equality that ignores differences in social status, wealth and privilege. II. Influencing the Government Through Mobilization and Participation A. There is a conflict between group interests and the interests of a community or nation. B. Constitutional Guarantees for Citizen Activism and Mobilization. 1. Freedom of Speech 2. Freedom of Assembly 3. Freedom to Petition Government III. Early Social Movements: The First National Groups Emerge, 1830s1890s. A. The Abolitionist Movement 1. a movement to end slavery in America 2. Tensions in the movement arose over tactics, particularly using non-violent or violent tactics. 3. The underground railroad was developed to help escaped slaves move to a free state or to Mexico or Canada. B. The Womens Rights Movement: The First Wave 1. Feminism is the belief in the political, social, and economic equality of men and women. 2. The Seneca Falls conference in 1848 is considered to be the beginning of the womens rights movement. The call for voting rights for women was considered radical at the time. 157
3. The Nineteenth Amendment, which gave voting rights to women, was ratified in 1920. 4. After the 19th Amendment, the womens movement concentrated on getting the Equal Rights Amendment passed. C. The Prohibition Movement 1. Throughout the 1800s, temperance advocates blamed many of societys ills on excessive drinking. 2. The Womens Christian Temperance Union was the largest temperance association. The Anti-Saloon League was a more militant movement that attracted evangelical Protestants. 3. The Prohibition movement was successful in several states and then was successful nationwide with the adoption of the 18th Amendment in 1919. 4. Illegal activity and corruption thrived throughout the 1920s, which led to a movement to repeal Prohibition with the 21st Amendment. IV. Progressive Era movements: 1890s1920 A. The Progressive Movement dealt with a wide range of problems related to industrialization, urbanization, immigration, and other social change. B. Progressives were especially critical of corrupt and undemocratic organizations. C. The Rise of Labor Unions 1. The American Federation of Labor (AFL) was an association of various labor unions representing mostly skilled workers. 2. AFL leaders emphasized that they were not socialist and downplayed class struggle issues. 3. The AFL concentrated on bread and butter issues such as the 8-hour work day, the right to collective bargaining, better pay and better work conditions. D. Business Groups and Trade Associations 1. As a reaction to successes in the labor movement, business groups formed associations and became more politically active. 2. The National Association of Manufactures (NAM) sought to expand markets abroad and tried to limit the power of the growing labor movement by favoring open shop laws. V. New Politics: Mass Movements of the Modern Era A. Vietnam and the Antiwar Movement 1. Antiwar movement started after World War II to protest the nuclear arms race and the intensification of the Cold War. 2. Anti Vietnam War movement a. After escalation of US involvement in the Vietnam War, some antiwar groups became more confrontational. b. Since there was no centralized authority, groups would choose their own methods and tacticsmost were peaceful, but some were violent. c. Some of the peaceful activists would burn draft cards or the American flag to gain attention. 158
d. Most antiwar activists worked for cultural change in religious, race, and gender relations. B. The Womens Rights Movement: The Second Wave 1. Despite having the right to vote in the 1920s, women still did not feel a sense of equality with men. 2. Second Wave concerns a. discrimination in employment and education b. police ignoring domestic violence as private family matters c. reliable contraception and access to abortion 3. A cultural and attitudinal change started to occur in the 1960s from treating women as the weaker sex to gender equality. 4. Equal Opportunity Policies a. Equal Pay Act of 1963 b. Title VII of the Civil Rights Actbanning discrimination in employment on the basis of sex and race c. Affirmative Action 5. Equal Rights Amendment a. Proposed by Congress in 1972 but failed to be ratified by 3/4ths of the states. b. A counter movement of conservatives (men and women) was formed to oppose the proposed amendment. They were concerned that special privileges accorded to women would be eliminated, and that it would weaken families and promote homosexuality. 6. Present day concerns a. Health care b. Reproductive rights c. Preventing violence against women d. Workplace equality C. The Gay Rights Movement 1. In the 1950s, urbanization brought many gays and lesbians together to start mobilizing politically. 2. The Stonewall Riots in 1969 became a symbolic event in mobilizing gays and lesbians to fight back. 3. The gay rights movement have used multiple pathways in seeking equality. 4. California and Same Sex marriage a. In May 2008, the California Supreme Court overturned a voter approved ban on same sex marriages. b. In November 2008, California voters approved a constitutional amendment to ban same sex marriage in the state of California. D. Conservative Christian Groups 1. Since the late 1970s, conservative Christian groups have mobilized to a. oppose abortion. b. oppose the Equal Rights Amendment. c. oppose homosexuality. d. promote school prayer. e. promote traditional family values. 159
2. The Moral Majority a. was founded in 1979 by Rev. Jerry Falwell. b. Besides lobbying on important issues, Falwell also encouraged members to become active in the Republican party. 3. The Christian Coalition a. started in the early 1990s after the Moral Majority lost tax exempt status. b. solidly aligned with the Republican party. E. Older and Newer Mobilization Tactics 1. Older tactics a. relied heavily on personal contacts. b. Local networks or churches were helpful. c. speeches, petition drives and court action. 2. Newer tacticsuse of modern technology a. Television provides more visibility to protests. This may help in changing public opinion or recruiting new members. b. Computers and the Internet allow analysis of major databases of potential supporters and quick communication with activists and supporters. c. Text messaging can spread from a few people to thousands in a short period of time. This helps in organizing protests or political action quickly. Text messaging is also helpful in getting out the vote. VI. Theory v. Practice A. Free Association and Expression versus National Security 1. World War I a. Charles Schenk was convicted of violating the Espionage Act for urging men to resist the draft. b. Although he appealed, the Supreme Court believed his actions were a clear and present danger 2. Red Scare1940s and 1950s a. Entertainers and publishers were blacklisted (meaning they could not get jobs) if they were even perceived as being a Communist sympathizer. b. The Joe McCarthy hearings in the US Senate were labeled a witch hunt against anyone who may appear Un-American. c. College students, lawyers, and teachers were required to take loyalty oaths. B. 9/11 and the USA Patriot Act 1. The Patriot Act a. expands government authority to conduct surveillance, heighten border control, and enhance governments investigative abilities. b. requires Internet providers and libraries to submit information about persons using their services. c. Critics of the Patriot Act have argued that it has loosened judicial oversight and undermines fundamental values such as privacy. 160
2. The Patriot Act is a classic example of the tension between personal liberty and national security C. Freedom, Activism, and Public Opinion 1. In the abstract, Americans support the first amendment and other personal freedoms. However, in specific circumstances, Americans may prefer safety over freedom. 2. There is also a tension between majority rule and minority rights. VII. The Age of Apathy? A. Social capitalnetwork of relationships between individuals, groups, and institutions that foster trust and cooperation to solve societal problems and establish norms for appropriate behavior in pursuit of mutual benefits and shared interests. B. Many scholars have argued that there is a decline in social capital since World War II. This leads to lower political participation. C. Critics have argued that while there has been a decline in participation in some traditional groups, there has been an increase in advocacy groups, public interest groups, business associations, and neighborhood groups. D. While young students may not be as politically active as other times in history, there has been a substantial increase in young people volunteering for community service. TERMS egalitarianism social contract theory abolition Underground Railroad feminism Equal Rights Amendment Prohibition Progressive Movement labor unions American Federation of Labor National Association of Manufacturers trade association antiwar movement Vietnam Equal Pay Act Title VII of the Civil Rights Act of 1964 Affirmative Action Stonewall Moral Majority Christian Coalition Espionage Act 161
Sedition Act Schenk v. United States (1919) Red Scare Joseph McCarthy USA PATRIOT Act social capital USING YOUR UNDERSTANDING 1. Chapter 12 mentioned that there is sometimes tension within a movement regarding goals and tactics. Choose one of the modern movements and research the dynamics of the movement. Use books, newspapers, documentaries, and interview local activists. Are there or have there been disagreements about goals and tactics. How have they settled these disagreements? Did a change in the environment (such as a legislative or court defeat) change the goals or tactics? Is there one person or organization that is considered the leader of the movement or does the movement rely on local and regional leaders? What difference does that make in the success or problems in the movement? 2. Suppose your state legislature or college board plans on raising tuition and reducing higher education resources and reducing the number of classes offered. How would you start a movement to oppose these changes? How would you motivate students to attend rallies or contact their legislators? How would you use technology? Be specific in your plans. Will the type of higher education institution you attend be a factor in how you organize the movement? Are you at a large public university or a small liberal arts college? Do most students live on campus or are you on a commuter campus? FURTHER RESOURCES Bishop, Bill, and Robert G. Cushing. The Big Sort: Why the Clustering of Like-Minded America Is Tearing Us Apart. Boston: Houghton Mifflin, 2008. Buenker, John D., ed. The Gilded Age and Progressive Era 18771920. New York: Copley Group, 2002. Gerstmann, Evan. Same-Sex Marriage and the Constitution. Cambridge: Cambridge University Press, 2008. Green, John C., Mark J. Rozell, and Clyde Wilcox, eds. The Christian Right in American Politics: Marching to the Millennium. Washington DC: Georgetown University Press, 2003. Kunin, Madeleine May. Pearls, Politics, and Power: How Women Can Win and Lead. New York: Chelsea Green, 2008.
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McMillen, Sally Gregory. Seneca Falls and the Origins of the Women's Rights Movement. New York: Oxford University Press, 2008. Putnam, Robert D. Bowling Alone. New York: Simon & Schuster, 2001. Rimmerman, Craig A., Kenneth D. Wald, and Clyde Wilcox, eds. The Politics of Gay Rights. Chicago: University of Chicago Press, 2000. Rimmerman, Craig A. The Lesbian and Gay Movements: Assimilation or Liberation? New York: Westview Press, 2008. Skocpol, Theda. Diminished Democracy: From Membership to Management in American Civic Life. Norman: University of Oklahoma Press, 2004. Wilcox, Clyde, and Carin Larson. Onward Christian Soldiers: The Religious Right in American Politics. New York: Westview Press, 2006. Christian Coalition of America. <http://www.cc.org/>. Equal Rights Amendment. <http://www.equalrightsamendment.org/>. Human Rights Campaign. <http://www.hrc.org/>.
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PRACTICE TESTS Multiple Choice Questions 1. In the 2008 election, a record _____ million young voters were registered. A) one B) two C) five D) ten E) twenty Blooms level: Knowledge Page reference: 409 2. Alexis de Tocqueville asserted that people living in democratic nations must A) avoid association in order to maintain the status quo. B) join together to preserve their independence and freedoms. C) trust in their government to do the right thing. D) rebel against any form of government. E) work together to secure economic prosperity. Blooms level: Knowledge Page reference: 411 3. Organized interests are important in a democracy because they A) provide a safety valve for political issues. B) draw attention to important questions and issues. C) allow people to feel connected to other members of society. D) provide an avenue for individuals to petition the government. E) do all of the above. Blooms level: Synthesis Page reference: 414 4. The Pottawatomie Massacre involved the issue of A) Manifest Destiny. B) womens rights. C) voting. D) slavery. E) taxation. Blooms level: Comprehension Page reference: 416
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5. Seneca Falls, New York, was famously the site of A) the first womens rights convention. B) an underground railroad station. C) an illegal strike against mining interests. D) the first labor union protest. E) an early Civil War battle. Blooms level: Knowledge Page reference: 417 6. The declaration that men and women shall have equal rights in the United States can specifically be found A) in the First Amendment. B) in the Sixth Amendment. C) in the Nineteenth Amendment. D) in the Twenty-Second Amendment. E) nowhere in the Constitution. Blooms level: Comprehension Page reference: 418 7. Why did women play a central role in the prohibition movement? A) Because women were prohibited from participating in other political activities. B) Because they believed drunkenness undermined the sanctity of the home, promoted violence, and wasted family funds. C) Because social norms of the day limited women to discussing only household items, like drinking. D) Both A and B. E) Both B and C. Blooms level: Analysis Page reference: 418419 8. The WCTU was founded A) during the Revolutionary War. B) after the Civil War. C) after World War I. D) during the Great Depression. E) after World War II. Blooms level: Knowledge Page reference: 419
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9. Prohibition was enacted by the _____ Amendment, and repealed by the _____ Amendment. A) Eighteenth Amendment; Nineteenth Amendment B) Eighteenth Amendment; Twentieth Amendment C) Eighteenth Amendment; Twenty-First Amendment D) Nineteenth Amendment; Twenty-First Amendment E) Twentieth Amendment; Twenty-Second Amendment Blooms level: Knowledge Page reference: 419 10. Which of the following was NOT included in the Progressives goal of weakening political machines? A) suffrage for women B) direct primaries C) civil service reforms D) a secret ballot system E) reducing the power of political parties Blooms level: Comprehension Page reference: 420 11. The highest point of domestic unrest in America after the Civil War occurred during A) the Roaring Twenties. B) the Great Depression. C) World War II. D) the Vietnam War. E) the Iraq War. Blooms level: Knowledge Page reference: 422 12. _____ refers to measures taken in hiring, recruitment, employment, and education to remedy past and present discrimination against specific groups. A) Affirmative action B) Social capital C) Moral Majority D) Egalitarianism E) Redistribution Blooms level: Comprehension Page reference: 423
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13. The Moral Majority was founded by televangelist A) Pat Robertson. B) Al Sharpton. C) Jerry Falwell. D) Billy Graham. E) James Dobson. Blooms level: Knowledge Page reference: 425 14. Over the past twenty years, the influence of Christian groups has A) decreased. B) remained about the same. C) increased, particularly within the Democratic Party. D) increased, particularly within the Republican Party. E) increased equally within both major parties. Blooms level: Analysis Page reference: 425426 15. In recent years, interest groups have used new technologies to A) mobilize political campaigns. B) coordinate political activities. C) increase visibility and draw public attention to specific issues. D) raise money and attract supporters. E) do all of the above. Blooms level: Synthesis Page reference: 426 16. The federal law passed in 1917 that made it a crime to interfere with the United States militarys recruitment efforts was the A) Sedition Act. B) Espionage Act. C) Volstead Act. D) USA PATRIOT Act. E) National Security and Protection Act. Blooms level: Knowledge Page reference: 428
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17. The act passed after September 11, 2001, granting the federal government broader authority to conduct surveillance was the A) Protect America Act. B) Keep America Safe Act. C) USA PATRIOT Act. D) Anti-Terrorist Act. E) Terrorist Surveillance Act. Blooms level: Knowledge Page reference: 429 18. The federal law enacted shortly after the terrorist attacks of September 11, granting the federal government broad powers to fight terrorist activities, is the A) Sedition Act. B) Espionage Act. C) Volstead Act. D) USA PATRIOT Act. E) National Security and Protection Act. Blooms level: Comprehension Page reference: 429 19. _____ generally refers to good will, fellowship, sympathy, and social intercourse among individuals and families that make up a social unit. A) Social assets B) Social capital C) Moral Majority D) Social Darwinism E) Social allocation Blooms level: Comprehension Page reference: 432 20. Which of the following is NOT normally identified as one of the four aspects of social capital? A) associations B) trust C) civic participation D) voting E) volunteering Blooms level: Knowledge Page reference: 432
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True-False Questions 1. Alexis de Tocqueville argued that the institutional protections for civil liberties were more important than groups and associations were in protecting against authoritarian rule. Blooms level: Comprehension Page reference: 411 2. Political protest was uncommon during the colonial period. Blooms level: Comprehension Page reference: 412 3. The linkage of people and government is not particularly important for democratic rule. Blooms level: Knowledge Page reference: 414 4. In 1919 the Eighteenth Amendment was ratified, under which prohibition was established nationwide. Blooms level: Knowledge Page reference: 419 5. From 1967 through 1971, American antiwar sentiment shifted markedly to the left. Blooms level: Knowledge Page reference: 422 6. The second wave of the womens rights movement focused on security political equality with men. Blooms level: Comprehension Page reference: 423 7. Technology is changing the avenues Americans use to participate politically, but is not causing an overall decline in all methods of participation. Blooms level: Analysis Page reference: 426427 8. The Espionage Act and the Sedition Act were ultimately declared unconstitutional by the U.S. Supreme Court. Blooms level: Comprehension Page reference: 428 9. In 2001, President George W. Bush signed the USA PATRIOT Act into law in order to enhance the ability of law enforcement officials to fight terrorism. Blooms level: Knowledge Page reference: 429 169
10. The term social capital refers to networks of relationships among individuals, groups, and institutions that foster trust and cooperation in society. Blooms level: Comprehension Page reference: 432 Short Answer Questions 1. Evaluate the role of organizations like Rock the Vote in American democracy. Blooms level: Evaluation Page reference: 409 2. List and explain two ways in which the Revolutionary heritage of the United States can be seen in the avenues of participation available to American citizens. Blooms level: Synthesis Page reference: 410413 3. Evaluate the impact of the thinking of John Locke on American democracy, providing at least one specific example of this impact. Blooms level: Evaluation Page reference: 412 4. Which pathways of action did the civil rights movement of the 1950s and 1960s use to call attention to their cause and to force political and social change? Blooms level: Application Page reference: 422424 5. What was the Red Scare? Blooms level: Comprehension Page reference: 428 Essay Questions 1. Discuss the role of activism and protest in the creation of the United States. Blooms level: Analysis Page reference: 411412 2. Using the abolitionist movement, the first wave of feminism, or the prohibition movement as an example, discuss the efforts of social groups to produce social change. What tactics did the group you chose use to pressure the federal government? Blooms level: Application Page reference: 416419 170
3. Assess the influence of conservative Christen groups in contemporary American politics. What factors do you think contribute to their growing influence? Blooms level: Evaluation Page reference: 425426 4. In your opinion, what guidelines should government use when balancing national security concerns and the First Amendment rights of individuals. Use examples drawn from current events in your answer. Blooms level: Evaluation Page reference: 428431 5. Are we living in an age of apathy? Explain using the concept of social capital. Blooms level: Application/Evaluation Page reference: 432433
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CHAPTER 13
INTEREST GROUPS
I. Activism and Protest in the United States A. A Brief History 1. French philosopher Alexis De Tocqueville observed in the US that group activities were essential for democratic development. 2. Groups have organized to challenge the status quo and to defend the status quo. B. The Right to Revolt 1. English philosopher John Lockes social contract theory argued that if government does not maintain order nor protect individual rights, society has the right to resist or revolt against government. 2. Some of the consequences of the American revolution include a belief in self rule, collective action, and a sense of egalitarianism. II. Influencing the Government Through Mobilization and Participation A. One key element to democratic balance is the competition between the masses and elites. Organized groups provide one way for the masses to influence government. B. Constitutional Guarantees for Citizen Activism and MobilizationThe First Amendment provides for freedom of speech and assembly. III. Interest Groups A. Motivation to Join Interest Groups 1. voluntary associations of joiners 2. like minded individuals who share a common interest 3. desire to influence government B. Functions of Interest Groups in a Democratic Society 1. a method of peacefully expressing wishes to government 2. a means of political participation 3. educate the public 4. influence policy making by agenda building C. The Interest Group Explosion 1. Between the 1960s and the 1990s, the number of interest groups quadrupled. 2. Causes of the interest group explosion a. Interest groups unify many subgroups or social cleavages that exist in a diverse society. b. The federal system and the separation of powers provides many points of access to government. c. Disturbance theorygroups form whenever interests are perceived to be threatened.
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d. As government takes on more responsibilities, interest groups attempt to influence how those responsibilities are implemented. e. People with higher education levels and more disposable income are more likely to join interest groups. D. Types of Interest Groups 1. Economic groups a. trade associations b. labor unions c. professional associations 2. Public interest groupsgroups that form to pursue collective goods. 3. Think Tanksnon-profit groups that conduct research for the public interest or to promote an ideological position. 4. Governmental unitsstate and local governments have organized to seek more federal financial aid and to oppose unfunded federal mandates. IV. Interest Group Mobilization A. Barriers to Interest group mobilization 1. Fear of losing a job or being ostracized. 2. The free rider problem a. Public Goods (or collective goods)Goods that are used or consumed by all individuals in society. b. The free rider problem is a situation where a public good can be enjoyed by everyone, even by those that dont contribute. Therefore, people will not join interest groups or contribute to interest groups. 3. Coststhe less affluent are less able to bear the costs of group formation or maintenance. 4. Lack of efficacythe belief that one person can make a difference. B. Overcoming Organizational Barriers 1. Selective benefitsbenefits available only to members. a. Material benefitstangible benefits such as magazines, discounts or paraphernalia. b. Solidary benefitsproviding social activities for likeminded members. c. Purposive benefitsa sense of satisfaction for contributing to a worthy cause. 2. Membership requiredas a condition of employment, a person may be required to join a labor union or professional association. C. The Role of Interest Group Leadersinspirational leaders can entice people to join a movement or interest group. 1. Alice Stokes Paul and the Equal Rights Amendment 2. Cesar Chavez and the United Farm Workers V. Inside Lobbying A. Inside Lobbying 1. providing information to legislators or staff directly 2. Providing research and information 3. Testifying at hearings 174
B. Gaining accesswinning the opportunity to communicate directly with a legislator or legislative staff member to present ones position on an issue. C. Campaign contributions help improve the probability of gaining access. D. Lobbying Disclosure Act of 1995 1. Lobbyists must report their activities to the federal government. 2. Informal lobbying techniques such as buying dinners or paying for trips have been banned. VI. Outside Lobbying A. Grassroots Mobilization 1. Activities aimed at raising public awareness and to pressure public officials. 2. Interest groups encourage and coordinate the public to contact public officials. B. Grassroots Lobbying Tactics 1. Traditional Tactics a. Direct contactCommitted members having face to face contact with other citizens. b. Direct mailInformation sent by mail to a large number of people to advertise an issue or seek contributions. c. Influencing public opinion by exploiting peoples fears. d. using the courts e. rallies and marches 2. Newer tools of indirect lobbying a. Media b. Internet C. Campaign Activities 1. support individuals during election campaigns who would be sympathetic to the group cause while in office 2. rating and endorsing candidates 3. campaign contributions VII. The Final Verdict: The Influence of Interest Groups A. Bias in Representation: Who Participates? 1. While all US citizens have the opportunity to participate in interest groups, not all groups are equal. 2. People who are active in interest groups are more educated, have higher social class, and more family income. 3. Whites and upper income people are encouraged to participate more than minorities and lower income people. 4. While economic resources do not always predict levels of influence, in many cases, big business had a disproportionate amount of influence. B. The Age of Apathy? 1. Most scholars believe that social capital (citizens coming together for social or personal interaction) has been declining since World War II.
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2. Membership in traditional organizations (PTAs, Girl Scouts and Boy Scouts, and bowling leagues) has declined. 3. Membership in advocacy groups, professional associations, and public interest groups has declined. TERMS Alexis de Tocqueville egalitarianism interest group LULAC cleavages disturbance theory trade associations labor unions professional associations public interest groups think tanks governmental units freed rider problem public goods selective benefits material benefits solidary benefits purposive benefits Equal Rights Amendment United Farm Workers inside lobbying gaining access outside lobbying grassroots mobilization direct contact direct mail indirect lobbying social capital USING YOUR UNDERSTANDING 1. Examine the web sites of at least three different types of interest groupssuch as a trade association, a labor union, and a public interest group. Compare and contrast how they recruit members, raise money, use direct lobbying, and use indirect lobbying. 2. Interview an interest group leader in your local community. What are the main goals of the group? Do they work closely with a national association or do they work independently? 176
What have been their greatest successes and their greatest challenges? Ask questions regarding membership, fund raising, and direct and indirect lobbying. FURTHER RESOURCES Ainsworth, Scott. Analyzing Interest Groups: Group Influence on People and Politics. Boston: W. W. Norton & Company, Incorporated, 2002. Alexander, Robert. The Classics of Interest Group Behavior. Belmont: Wadsworth, 2005. Berry, Jeffrey M., and Clyde Wilcox. The Interest Group Society. 5th ed. New York: Longman, 2008. Ciglar, Allan, and Burdett Loomis, eds. Interest Group Politics. 7th ed. New York: C Q Press, 2006. Collins, Paul. Friends of the Supreme Court: Interest Groups and Judicial Decision Making. New York, NY: Oxford University Press, 2008. Herrnson, Paul S. Interest Group Connection: Electioneering, Lobbying, and Policymaking in Washington. New York: C Q Press, 2004. Nownes, Anthony J. Total Lobbying: What Lobbyists Want and How They Try to Get It. New York: Cambridge University Press, 2006. Rosenthal, Alan. The Third House: Lobbyists and Lobbying in the States. New York: C Q Press, 2000. Rozell, Mark J., Clyde Wilcox, and David Madland. Interest Groups in American Campaigns: The New Face of Electioneering. New York: C Q Press, 2005. Wright, John R. Interest Groups and Congress: Lobbying, Contributions and Influence. New York: Longman Group, 2002. Interest Group Ratings. Project Vote Smart. <http://www.votesmart.org/official_five_categories.php?dist=issue_rating_category.php>. Open Secrets. Center for Responsive Politics. <http://www.opensecrets.org/>. Social Movements and Culture: A Resource Site. Washington State University. <http://www.wsu.edu/~amerstu/smc/smcframe.html>. US PIRG. <http://www.uspirg.org/>.
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PRACTICE TESTS Multiple Choice Questions 1. Which of the following is NOT a primary characteristic of interest groups? A) They affect politics almost exclusively through campaign donations. B) They are voluntary association of joiners. C) Their members share a common belief. D) They focus on influencing the government. E) All of the above are common characteristics of interest groups. Blooms level: Knowledge Page reference: 444 2. Which of the following would interest group members NOT necessarily share in common? A) ethnicity B) interests C) values D) beliefs E) interest groups members would generally have all of the above in common Blooms level: Analysis Page reference: 444 3. LULAC stands for the A) Legion of Unitarian Latin American Citizens. B) Legion of United Latin American Cohorts C) League of United Latin American Citizens. D) League of United Lithuanian American Citizens. E) League of Unified Legal Advocates and Counselors Blooms level: Knowledge Page reference: 445 4. By the mid 1990s, there were an estimated _____ interest groups registered with the federal government operating in the United States. A) 10,000 B) 22,000 C) 34,000 D) 65,000 E) 110,000 Blooms level: Knowledge Page reference: 446
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5. Divisions of people based on at least one social characteristic, such as educational attainment or race, are known as A) separations. B) cleavages. C) schisms. D) splits. E) clefts. Blooms level: Comprehension Page reference: 446 6. Compared to countries like France and the United Kingdom, the United States has a large number of interest groups because A) the Constitution affords special recognition for organized groups. B) the federal structure of government affords organized groups many opportunities to influence political outcomes. C) they are necessary to create diversity in our otherwise homogeneous society. D) the federal government provides assistance only to organized groups. E) all democracies have a large number of interest groups. Blooms level: Analysis Page reference: 447 7. A nonprofit institution that conducts research on issues of public interest is generally is referred to as a A) think tank B) public interest group C) interest group D) professional association E) trust Blooms level: Knowledge Page reference: 448 8. The U.S. Chamber of Commerce is a prominent A) labor union. B) trade association. C) public interest group. D) think tank. E) political party. Blooms level: Knowledge Page reference: 448
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9. Clean air, national defense, and interstate highway system are examples of A) social goods. B) public goods. C) private goods. D) valuative goods. E) recreational goods. Blooms level: Application Page reference: 450 10. Which of the following is NOT an obstacle to mobilization for an interest group? A) excessive government regulation B) the free rider problem C) the cost of action D) the absence of a sense of political efficacy E) all of the above are difficulties for interest group mobilization Blooms level: Comprehension Page reference: 450 11. The intangible rewards that derive from the sense of satisfaction of having contributed to a worthwhile cause are referred to as A) material benefits. B) select benefits. C) patron benefits. D) governance benefits. E) purposive benefits. Blooms level: Comprehension Page reference: 451 12. Some states have laws that prohibit mandatory union membership in the workplace. These are generally referred to as A) anti-labor states. B) right to work states. C) pro-business states. D) pro-choice states. E) blue states. Blooms level: Knowledge Page reference: 451
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13. The UFW campaigned for better conditions for _____ workers. A) farm B) auto C) restaurant D) railroad E) dock Blooms level: Knowledge Page reference: 452453 14. According to the Center for Responsive Politics, which of the following categories of interest groups spent the most money on inside lobbying in 2000? A) corporations B) agriculture C) trade associations D) think tanks E) citizen groups Blooms level: Knowledge Page reference: 454 15. _____ lobbying focuses primarily on citizens rather than public officials. A) Outside B) Inside C) Discrete D) Symbolic. E) Relative Blooms level: Comprehension Page reference: 454, 458 16. What kinds of interest groups are most likely to use public events and protests in order to draw attention to their campaigns? A) business and professional associations B) think tanks and universities C) governments D) labor unions and public interest groups E) think tanks and businesses Blooms level: Knowledge Page reference: 459
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17. The selling of westward expansion by entities interested in expansion, such as railroad companies, through appeals to the public involving the ease of obtaining property, the lure of the frontier, and the chance of finding wealth by moving west, is an example of A) direct lobbying. B) indirect lobbying. C) grassroots mobilization. D) political efficacy. E) direct contact. Blooms level: Application Page reference: 459 18. When an interest group seeks to directly advance a groups policy position, what type of advertorial are they most likely to use? A) advocacy B) audio C) journalism D) image E) none of the above Blooms level: Comprehension Page reference: 461 19. Grassroots mobilization is most effective with A) older voters with limited resources. B) people who are not already sympathetic to a particular cause. C) migrant workers. D) young, affluent, and well-educated voters. E) women. Blooms level: Analysis Page reference: 461462 20. Most interest groups take part in electoral politics by _____ candidates. A) demeaning and berating B) ignoring and disregarding C) rating and endorsing D) praising and lauding E) campaigning for Blooms level: Knowledge Page reference: 463
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True-False Questions 1. The NRA is one of the largest and most powerful interest groups in Washington DC. Blooms level: Knowledge Page reference: 443 2. Selective benefits are intended to overcome the free-rider problem. Blooms level: Comprehension Page reference: 451 3. Jack Abramoff was a member of Congress who championed campaign finance reform. Blooms level: Knowledge Page reference: 455 4. Historically, interest groups have used the court pathway to promote or resist change and to shape public opinion. Blooms level: Knowledge Page reference: 459 5. The majority of Americans believe it is too difficult for interest groups to access and influence the media. Blooms level: Analysis Page reference: 461 6. According to some analysts, the Internet tends to reinforce pre-existing political views and beliefs rather than change them. Blooms level: Comprehension Page reference: 462 7. Federal law prohibits interest groups from participating in campaigns for elected office. Blooms level: Comprehension Page reference: 462463 8. Interest groups undermine the effectiveness of the electoral process in the United States. Blooms level: Evaluation Page reference: 463 9. The rise of the Internet has made money less important in politics. Blooms level: Comprehension Page reference: 464
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10. The rise of interest groups correlates with a growth in distrust in government. Blooms level: Knowledge Page reference: 465 Short Answer Questions 1. Identify and analyze three specific functions that interest groups serve. Blooms level: Analysis Page reference: 445446 2. What is a political action committee? What role do PACs play in American politics? Blooms level: Comprehension/Evaluation Page reference: 447 3. Who is Ralph Nader and what does his experience illustrate about the influence of interest groups in the United States? Blooms level: Synthesis/Knowledge Page reference: 449 4. What is the difference between solidary and purposive benefits? Blooms level: Analysis Page reference: 451 5. Are all segments of Americas diverse society equally represented by interest groups? Why or why not? Blooms level: Evaluation Page reference: 464465 Essay Questions 1. What role do interest groups play in a democratic society? Why has their importance grown in recent years? Blooms level: Analysis Page reference: 445446 2. Discuss the barriers to interest group organization. How can these barriers be overcome? Blooms level: Analysis Page reference: 450452
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3. What is the relationship between lobbyists and the national legislature? Do interest groups have too much power over Congress? Why or why not? Blooms level: Evaluation Page reference: 450452 4. Analyze the events surrounding the Jack Abramoff scandal. What might be done to address the separate the interests of lobbyists and politicians more clearly? Should we be concerned about the role of lobbying in the United States? Why or why not? Blooms level: Comprehension/Evaluation Page reference: 455 5. What is the relationship between interest groups and the media? How do interest groups go about attempting to shape the news? Blooms level: Analysis Page reference: 460462
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CHAPTER 14
ELECTIONS AND PARTICIPATION IN AMERICA

I. Elections and Democratic Theory A. Republicanism and Different Ways to Select Leaders 1. Republican form of governmenta system in which the public elects leaders to work on the publics behalf. 2. Direct democracyEveryone has a say in what government does. 3. Plato argued that only the most qualified should rule. Republicanism or direct democracy would not necessarily choose the best qualified. B. Elections as an Expression of the Popular Will 1. A landslide election sends a strong signal that the winning candidates ideas are strongly preferred by voters. 2. Minor candidates in US elections sometimes signal the concerns of a large segment of voters. C. Stability and Legitimacy 1. Legitimacythe process of decision making that is perceived to be proper by the people who must live with the outcome. 2. Stability a. Faith in elections b. political culture that prescribes how losing candidates should behave D. Civic Education and Civic Duty 1. Campaigns have the ability to educate citizens. 2. Citizens are expected to occasionally exit their private world and become involved in the affairs of the state. E. Safety ValveAmericans that want change try to win the next election instead of using violence. F. Elections as a Placebo?Many citizens feel that there is a disconnect between elections and public policy. G. A Poor Measure of Public Sentimentthe meanings of elections are difficult to interpret because voters choose candidates for a variety of reasons. H. Constricting the Pool of Public Officialselections have become so intense that it scares potential candidates away. I. A Broken Process?Questions about candidate resource imbalances and unfair processes lead some citizens to distrust the electoral process. II. The Electoral College A. Selection of the President 1. As expressed in Article II, the Electoral College is used to select the President and the Vice President of the United States. 2. Voters from each state select electors to make the final decision on the presidency and vice presidency of the United States. B. What Were the Framers Thinking? 1. Framers did not want to give average citizens a direct voice in the selection of the President. 2. The Electoral College is a compromise between large and small states. 187
C. How the Electoral College Workssee Figure 12.1 D. When Things Have Gone Wrong. 1. The Framers did not expect the role of political parties in selecting electors. 2. The twelfth amendment clarified how electors choose the president and the vice president. 3. Because of the unit rule (or winner take all rule), there is a possibility that the person with the most votes nation wide could still lose the Electoral College vote. That has happened four times in US history, most recently in 2000. E. How the Electoral College Shapes Campaign Activities 1. Republicans have usually won the Southern states in recent elections, while the Democrats do well in New England and the West Coast states. 2. Presidential candidates focus on about a dozen swing states. F. The 2008 Election and Beyond 1. Some states have considered rewarding their Electoral College votes to the winner of the national vote. 2. Critics argue that it is more important to have a winner with more geographic appeal. III. Elections and the Law A. Constitutional Amendments 1. 14th Amendmentdefines that meaning of citizenship and requires states and requires states to guarantee equal protection of the laws 2. 15th Amendmentthe right to vote shall not be denied on the account of race 3. 19th Amendmentgave the vote to women 4. 24th Amendment outlawed the poll tax 5. 26th Amendmentgave 18 year olds the right to vote B. Voting and Legislative Actsunless Congress acts, states are in charge of voting rules and regulations. C. Challenging Discriminatory Practices 1. The Supreme Court ruled grandfather clauses unconstitutional in 1944. 2. The 1965 Voting Rights Act increased federal involvement in ending discriminatory voting practices. 3. Residency and registration laws are sometimes a barrier to higher turnout. 4. Motor voter laws are intended to make voting registration easier by allowing citizens to register to vote at public agencies such as the motor vehicle department. 5. The Help America Vote Act requires more uniform voting standards in every state. IV. Referendums, Initiatives, and Recalls A. Half the states allow voters to use elections for a direct say in policymaking. 1. Ballot Initiativescitizens decide policy matters through voting on election day.
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2. Recallvoters can remove a public official from office before the term is over. B. The Future of Ballot Initiatives 1. Ballot initiatives can energize voters and increase voter turnout. 2. Framers were skeptical of direct democracy. While many states and localities have ballot initiatives, it does not exist at the federal level. V. The Role of Money in Elections A. Money has become more important in election campaigns since the 1960s. 1. Decline of party organizations 2. More voters up for grabs 3. Television advertising is expensive 4. Campaign consultants are expensive B. The Rage for Reform 1. The Federal Election Campaign Act (FECA)limited the amount of money contributed to campaigns and forced candidates to broaden their donor base. 2. Buckely v. Valeo a. The Supreme Court ruled that spending limits by candidates and independent groups was a violation of freedom of speech. b. Limitations on contributions were acceptable as a means to limit corruption. c. Public funding of presidential elections was acceptable as long as it was voluntary. 3. Soft moneya loophole in the Federal Election Campaign Act that allowed groups to make unlimited contributions to the political parties. C. Political Action Committees 1. Money from unions or corporations cannot go directly to candidates. However, corporations and unions can form political action committees (PACs), which in turn can contribute to candidates. 2. The linkage between campaign contributions and legislative behavior is unclear. Whether there is a linkage or not, the public is distrustful of the power of money in political campaigns. D. The Incumbent Fund-raising Advantage 1. PACs prefer to contribute to eventual winners. In most cases, that most likely winner will be the incumbent. 2. The fund-raising advantage is not the only incumbency advantage. Most legislative activity is geared toward the goal of reelection. 3. Term limits have been proposed to limit the incumbency advantage. a. With term limits there would be more open seats, and newer people in politics. b. Critics of term limits argue that experienced legislators would be lost and people would be denied the choice of voting for someone they think is the best person for the job. E. Reforming the Reforms: BCRA 1. The Bipartisan Campaign Reform Act was passed in 2002. 189
2. BCRA closed the soft money loophole to the national political parties. 3. A summary of major provisions are listed in Table 12. 2. F. The Rise of 527 Groups 1. 527 groups (named after a section of the tax code) are political groups that can raise unlimited amounts of money. 2. Some critics have argued that this is the latest loophole in campaign finance reform. G. Money in the 2008 Presidential Elections 1. Early fund-raising is becoming more important because of the frontloading of the primary calendar. 2. Because of increased restrictions on large money donors, candidates must broaden their fund-raising efforts and raise smaller contributions from more people. H. The Ironies of Money and Politics 1. Even though Americans admire when a shoe string budget campaign defeats a well funded candidate, those situations are rare. 2. Even though Americans encourage individuals and interest groups to support candidates, Americans also complain that money has distorted the political process. VI. Campaigning Online A. Online Communication 1. Web sites 2. Online News 3. Blogging B. Online Fund-raisingCandidates can raise money (particularly small contributions) in a short amount of time. C. Social NetworksIn 2008, many candidates communicated to voters via a Myspace or Facebook page. D. Online Video / YouTubeOnline videos present on alternative to traditional media networks. VII. Individual Participation in Elections A. Voter TurnoutVoter turnout has fluctuated throughout American history. B. Explaining Modest Turnout 1. Despite higher education levels and easier voter registration procedures, voter turnout has generally declined in the last 50 years. 2. Levels of trust in government have declined. 3. Declining community involvement 4.Local political party mobilization has declined. 5. Negative advertising may turn off moderate voters, but it excites partisan voters. C. Voting and Demographic Characteristics 1. Younger, less affluent, and less educated citizens are less likely to vote. 2. Community connectedness: may explain why there are differences in voter turnout based on age, wealth, and education level. 190
D. Young Voters 1. Voter turnout among young voters increased during the 2004 and 2008 elections. a. Many youth oriented groups have encouraged voter turnout. b. With recent elections being more competitive, campaigns have been seeking out new voters. c. Young voters have become interested in issues such as the economy, Iraq, same sex marriage, and climate change. VIII. Democratic Models A. Elite Democratic Model 1. Good government and opportunity to participate is more important than full participation. 2. People who are not informed should not be encouraged to vote. B. Popular Democratic Model 1. The process of governance is just as important or more important than the outcomes. 2. Electoral involvement should be encouraged. People will develop an affinity to the process once they are involved. TERMS republican form of government direct democracy Plato landslide election legitimacy civic participation episodic participation Electoral College Twelfth Amendment unit rule swing states fourteenth amendment fifteenth amendment nineteenth amendment twenty fourth amendment twenty sixth amendment Voting Rights Act of 1965 residency and registration laws motor voter laws Help American Vote Act ballot initiatives recall campaign consultants 191
Federal Election Campaign Act Watergate Buckley v. Valeo soft money Political Action Committees (PACs) incumbent advantage term limits Bipartisan Campaign Reform Act 527 organizations blogs electoral behavior turnout elite democratic model popular democratic model USING YOUR UNDERSTANDING 1. Although the growth rate for Hispanics is increasing rapidly, their political strength is still small relative to their growth rate. Discuss three factors why that is the case. The voting behavior of Hispanics between the 2004 and 2008 elections was also markedly different. Research voting and public opinion data to compare and contrast Hispanic voting behavior between the 2004 and 2008 elections. 2. This chapter discusses the advantages and disadvantages of the Electoral College and the direct election of the president. Two other Electoral College reform proposals for selecting the US president are the proportion plan and the district plan. Research and then describe how these two plans would work. What would be the consequences to these plans? How frequently would a candidate receive a majority of the Electoral college votes under these reform proposals. How would candidates and political parties campaign differently? FURTHER RESOURCES Bartels, Larry M. Unequal Democracy: The Political Economy of the New Gilded Age. Princeton NJ: Princeton University Press, 2008. Herrnson, Paul. Congressional Elections: Campaigning at Home and in Washington. Washington DC: CQ Press, 2007. Jacobson, Gary C., David W. Brady, and Morris P. Fiorina. The Politics of Congressional Elections. New York: Longman, 2008. Kaufmann, Karen, Daron Shaw, and John Petrocik. Unconventional Wisdom: Facts and Myths about American Voters. New York: Oxford University Press, Incorporated, 2008.
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Mann, Thomas E., Anthony Corrado, and Trevor Potter. The New Campaign Finance Sourcebook. Washington DC: Brookings Institution Press, 2005. Mayer, William G., and Andrew E. Busch. The Front-Loading Problem in Presidential Nominations. Washington DC: Brookings Institution Press, 2003. Mayer, William G. The Making of the Presidential Candidates 2008. New York: Rowman & Littlefield, Incorporated, 2007. Wayne, Stephen. The Road to the White House 2008. Belmont: Wadsworth, 2007. Shea, Daniel M., and Michael John Burton. Campaign Craft: The Strategies, Tactics and Art of Campaign Management. Westport: Greenwood International, 2001. West, Darrell M. Air Wars: Television Advertising in Election Campaigns, 19522004. Washington DC: CQ Press, 2005. Winograd, Morley, and Michael D. Hais. Millennial Makeover: MySpace, YouTube, and the Future of American Politics. New Jersey: Rutgers University Press, 2008. Choose or Lose. MTV. <http://think.mtv.com/issues/politics/>. National Archives: Electoral College. <http://www.archives.gov/federal-register/electoralcollege/>. National Election Study. University of Michigan. <http://www.electionstudies.org/>. New Voters Project. PIRG. <http://www.newvotersproject.org/>. Political Blogs. <http://www.blogcatalog.com/directory/politics>.
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PRACTICE TESTS Multiple Choice Questions 1. In the 2000 election, George W. Bush won Florida, the state that won him the presidency, by how many votes? A) 112 B) 539 C) 8,538 D) 18,931 E) 68,991 Blooms level: Knowledge Page reference: 473 2. The form of government used in the United States today can best be described as A) totalitarian. B) republican. C) direct democracy. D) authoritarian. E) anarcho-syndicalism. Blooms level: Analysis Page reference: 474 3. President Abraham Lincolns 1860 election was contested by some observers as illegitimate because A) he received only a plurality of the popular vote and did not win any southern states. B) although he received the majority of the popular vote, he did not win any southern states. C) he received only a plurality of the popular vote and won only southern states. D) although he received a majority of the popular vote, he did not win any northern states. E) he lost the popular vote but was appointed by the Congress anyway. Blooms level: Comprehension Page reference: 475 4. Since 1824, _____ presidents have been elected to office without winning a majority of the popular vote. A) 4 B) 12 C) 16 D) 24 E) 32 Blooms level: Knowledge Page reference: 475 194
5. Studies on voter knowledge have shown that the more election ads a voter sees, A) the less likely they are to vote. B) the more likely they are to vote. C) the more accurate their political knowledge. D) the less accurate their political knowledge. E) the stronger their political opinions. Blooms level: Comprehension Page reference: 476 6. The Electoral College system reflects the founders concern with the A) wisdom of the people. B) need for political stability. C) power of the political elite. D) undue influence of the media. E) need for as much democracy as possible. Blooms level: Comprehension Page reference: 478 7. During the first few decades, electors sent from each state to vote in the Electoral College were A) directly elected by the people. B) appointed by the governor. C) chosen by lot. D) selected by the state legislatures. E) chosen by the state Supreme Courts. Blooms level: Knowledge Page reference: 479 8. The _____ is a winner-take-all model used for presidential elections in forty-eight out of the fifty states. A) electoral filibuster B) component law C) direct election D) unit rule E) systematic determination Blooms level: Comprehension Page reference: 479
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9. Which of the following is NOT an effect of the Electoral College system? A) It promotes the inclusion of more racially and ethnically diverse candiates. B) It promotes legitimacy by amplifying the majority won. C) It forces candidates to strive for a wide geographic appeal. D) It forces candidates to address the needs of both large and small states. E) It creates the possibility of a candidate winning the presidency without winning the popular vote. Blooms level: Analysis Page reference: 480483 10. The single largest expansion of the American electorate occurred as a result of the A) Thirteenth Amendment. B) Fourteenth Amendment. C) Fifteenth Amendment. D) Eighteenth Amendment. E) Nineteenth Amendment. Blooms level: Comprehension Page reference: 484 11. Initiatives were first developed A) by the founders in the U.S. Constitution. B) as a result of the corrupt bargain of 1824. C) as a result of post-Civil War reconstruction. D) during the Progressive era. E) as a response to the political protests of the 1960s. Blooms level: Comprehension Page reference: 488 12. The Supreme Court ruled that campaign expenditures are akin to free speech and are therefore protected by the First Amendment in the case of A) Smith v. Allwright. B) Roe v. Wade. C) McConnell v. Federal Election Commission. D) Buckley v. Valeo. E) Tinker v. Des Moines. Blooms level: Knowledge Page reference: 491
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13. The number of PACs A) declined slightly in the 1990s. B) declined dramatically since the 1990s. C) has remained relatively constant since the 1970s. D) increased dramatically in the 1970s and early 1980s but has remained relatively constant since then. E) has increased dramatically since the early 1980s. Blooms level: Analysis Page reference: 492 14. Which of the following was NOT an effect of the 2002 Bipartisan Campaign Reform Act? A) 527 issue groups were banned. B) Limits on contributions by political parties to individual candidates were reduced. C) Limits on soft money donations to political parties were imposed. D) Group-sponsored advertisements were restricted. E) All of the above were imposed as a result of the 2002 Campaign Finance Reform Act. Blooms level: Knowledge Page reference: 494 15. The Bipartisan Campaign Reform Act was challenged in the Supreme Court case A) Smith v. Allwright. B) Roe v. Wade. C) McConnell v. Federal Election Commission. D) Buckley v. Valeo. E) Tinker v. Des Moines. Blooms level: Knowledge Page reference: 495 16. Which of the following would NOT be an example of collective participation? A) discussing politics with friends B) voting C) attending the local meeting of a political party D) working at a candidates headquarters. E) speaking at a rally Blooms level: Application Page reference: 502
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17. In the 1990s, about __________ percent of Americans trusted their government to do what is right all or at least most of the time. A) five B) ten C) twenty D) forty E) sixty Blooms level: Knowledge Page reference: 504 18. Which of the following is NOT an explanation for declining voter turnout? A) Changing attitudes towards government in the United States emphasize cynicism, alienation, and distrust. B) Changes in the American lifestyle that make us busier and take attention away from politics. C) The decline in the influence of local party organizations. D) The changing nature of political campaigns. E) Increasing opportunities to participate create voter burnout. Blooms level: Analysis Page reference: 504505 19. Volunteerism, measured as the rate of volunteer activity, is highest in the United States among which age group? A) People aged 1525 B) People aged 2637 C) People aged 3856 D) People aged 57 and older E) None of the above; there is no correlation between age and volunteerism. Blooms level: Knowledge Page reference: 506 20. According to polling data, the voting rate for young Americans in the 2004 election was approximately A) 25 percent less than for older Americans. B) 10 percent less than for older Americans. C) About the same as for older Americans. D) 10 percent higher than for older Americans. E) 20 percent higher than for older Americans. Blooms level: Comprehension Page reference: 507
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True-False Questions 1. The closest recorded statewide election in the United States was the 2004 Washington gubernatorial election, which was decided by a margin of 0.0045 percent of the vote. Blooms level: Knowledge Page reference: 473 2. After winning more than 60 percent of the popular vote, President Bill Clinton was elected with a strong mandate for reform in 1992. Blooms level: Comprehension Page reference: 475 3. The paradox of voting is that it actually may undermine other, more democratic avenues for political participation. Blooms level: Comprehension Page reference: 476 4. The Electoral College is a device for selecting state Congressional representation at the federal level. Blooms level: Comprehension Page reference 478 5. Swing states are those states that regularly and consistently go to one political party over the other. Blooms level: Comprehension Page reference: 481 6. The Civil Rights Act of 1957 created the U.S. Civil Rights Commission, an agency empowered to investigate voting rights violations and suggest remedies. Blooms level: Knowledge Page reference: 486 7. The motor voter law was intended to restrict voting rights to those who possessed a valid drivers license. Blooms level: Comprehension Page reference: 486 8. Soft money refers to funds contributed through a loophole in federal campaign finance regulations that allowed individuals and groups to give unlimited sums of money to political parties. Blooms level: Comprehension Page reference: 491
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9. 527 organizations are groups created by political parties to raise money on their behalf. Blooms level: Comprehension Page reference: 495496 10. Voter turnout in federal elections in the United States was very high before 1800. Blooms level: Comprehension Page reference: 503 Short Answer Questions 1. What role do elections play in maintaining the stability and legitimacy of the American government? Blooms level: Analysis Page reference: 475 2. Explain and evaluate the role of the Electoral College in the selection of the U.S. president. Blooms level: Comprehension/Evaluation Page reference: 479481 3. Identify the four presidents who were elected with more electoral votes but fewer popular votes than their opponents. Blooms level: Knowledge Page reference: 480481 4. Define the incumbent fundraising advantage in elections and provide three reasons why this advantage exists. Blooms level: Comprehension/Synthesis Page reference: 492494 5. Explain what Robert Putnam means by Bowling Alone. Do you agree with his assertion? Why or why not? Blooms level: Comprehension/Evaluation Page reference: 504505 Essay Questions 1. How do the Iraqi elections of 2005 illustrate both the potential strengths and potential limits of democracy? Blooms level: Analysis/Evaluation Page reference: 475476 200
2. One delegate to the Constitutional Convention famously observed that, The evils we experience flow from the excess of democracy. What did he mean by this? Do you agree with his assessment? Why or why not? Blooms level: Evaluation Page reference: 478479 3. What are the limitations of constitutional amendments as pathways for securing civil rights? Blooms level: Analysis Page reference: 484485 4. Discuss the benefits and drawbacks of ballot initiatives, referendums, and recall elections. Should these measures be used on a federal level in the United States? Why or why not? Blooms level: Evaluation Page reference: 488489 5. Discuss the elite and popular democratic models. Which model is correct, in your opinion, and why? Blooms level: Evaluation Page reference: 508
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CHAPTER 15
POLITICAL PARTIES
I. Party Functions A. What is a Political Party? 1. Parties are organizations that sponsor candidates for political office under the organizations name in hopes of controlling government. 2. Factors that distinguish political parties from other public organizations. a. Political parties run candidates for political office under their own label. b. Political parties have a broad range of concerns. c. Unlike interest groups, political parties are subject to various state and local laws. B. What Parties Do 1. Organizing the Election Process 2. Facilitating Voter Choice 3. Recruiting Candidates 4. Screening Candidates 5. Aiding Candidates 6. Organizing a Complex Government 7. Aggregating Interests 8. Educating Citizens 9. Ensuring Accountability 10. Promoting Civic Participation II. Party in Government A. The party in government are the officials elected under a party banner. B. In the United States, the party in government is weak. In other democracies, party members will or must vote with their party on all important matters. C. Despite the fact the US parties in government are weak, party unity scores have increased since the 1950s. 1. Some argue that the increased polarization in Congress makes voting in the legislative process more difficult and moderate policy less likely. 2. Others argue that sharp differences are good so that voters have a clear choice during elections. D. Unified party control of the Congress and the Presidency can make lawmaking easier. Divided party control makes lawmaking more difficult. III. Party in the Electorate A. Party in the electorate refers to people who psychologically attach themselves to a political party. 1. Party Identificationa deep-seated feeling that a particular party represents its own interests and outlook toward government. 2. Straight ticket voters are those who support candidates of the same party in every election. 203
3. Split ticket voters (or swing voters) choose candidates from both parties for different offices and in different elections. 4. An independent is a citizen who is not closely aligned with a political party. While there are many independents in the United States, there is no Independent party. 5. Figure 13.4 illustrates the support of the two parties by various demographic groups. B. Realignment Theory 1. Partisan RealignmentWhen a major event or crisis results in a new party taking control of the government and holding on to power for a long time. 2. There is not always agreement when a realignment has occurred. 3. Minor party activity is usually high prior to a realignment. 4. Young voters tend to align themselves with the new dominant party. 5. DealignmentWhen fewer voters are aligned with specific political parties. Many political scientists believe that the American electorate was dealigned for the last one-third of the 20th century. IV. Party as Organization A. The party organization is the formal apparatus of the party, including headquarters, offices, and leaders. B. While there is frequent interaction between varying party committees, each committee is relatively independent. C. Party machines influenced elections and controlled patronage jobs. D. The Progressive movement weakened the local political machines. V. Party Eras in American History A. Phase 1: The Emergence of Parties in America (1790s1828) 1. Although the Framers warned about the potential dangers of political parties, political parties became important political actors very early in the United States republic. 2. Alexander Hamilton was an early leader of the Federalist party and Thomas Jefferson and James Madison were early leaders of the DemocraticRepublicans. B. Phase 2: The Heyday of Parties (18281900) 1. Jacksonian democracy encouraged egalitarianism (except for slaves). 2. The issue of slavery led to a realignment and the rise of the Republican party. 3. Party competition was very high in the late 19th century. C. Phase 3: Party Decline (19001970s) 1. The merit system reduced political machines power to distribute patronage jobs. 2. The power of party bosses declined with the introduction of the Australian ballot (or secret ballot). 3. Direct primaries instead of party bosses chose nominees.
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4. Government, instead of party machines, started providing a social safety net during the Great Depression. 5. The rise of candidate centered politics a. Candidates instead of parties reached voters by either television or direct mail. b. When candidates portray themselves as independent, voters saw party labels as less meaningful. D. Phase 4: Organizational Resurgence (1970sPresent) 1. Political parties adapted to the new candidate centered politics by becoming more service oriented. 2. The parties organizational sophistication requires more financial resources. VI. Minor Parties in American Politics A. Barriers to Minor Party Success 1. Institutional barriers a. Single member districts b. Electoral college 2. Ballot access laws 3. Attitudinal barriers B. History of Minor Parties 1. Minor parties may play a role in electoral politics when confidence in the two party system is weak. 2. Ross Perot received 19 percent of the vote in 1992 and 12 percent of the vote in 1996. However, he received no electoral college votes. 3. Table 13.1 lists some of the significant minor parties in US history. C. Role of Minor Parties 1. Draw attention to issues and threaten to drain support from the two major parties. 2. Attracts more citizens to the political process. VII. Political Parties and Ideology A. US political parties tend to be more centrist than the political parties of other democracies. B. In general, Republicans tend to be conservative. They desire little government in economic matters, but more government involvement in family values and national defense. C. In general, Democrats tend to be liberal. They support more government involvement in economic matters and advocate tolerance of different lifestyles. D. Party activists tend to be much more ideological than the average party identifier. E. The major differences between the Democratic and Republican parties are listed in Table 13.2. VIII. Parties and the Nomination Process A. Nominationsthe process of choosing candidates to appear on the general election ballot under the partys banner. B. Different Primaries 205
1. Closed primariesonly registered party members may participate. 2. Open primariesmembership in a political party is not required to participate. C. Presidential Nominations 1. For most of US political history, party bosses had the most influence at the national nominating conventions. 2. Divisions at the 1968 Democratic convention led to more participatory reforms such as binding primaries or the nomination caucus. 3. Problems with the new nomination process. a. Since primary and caucus turnout tends to be low, the more ideological members of the party may have more influence. b. Bitter rivalries during the nomination season may leave a party divided and turn off some voters. c. Candidates who can acquire more money and more media attention during the invisible primary (before the actual voting during the nominating season) tend to have an advantage. d. Iowa and New Hampshire are usually the first two states during the nomination process. These two small unrepresentative states may have excessive influence only because they are first. 4. The 2008 Leapfrog Contest a. Over the last few decades, several states have moved their primaries earlier in the nomination season in an attempt to have more influence. b. In order to be successful, potential candidates must declare their intentions one to two years before the first nomination contest. 5. Party Conventions a. Earlier party conventions used to have many ballots in order to nominate a presidential candidate. As a result of the new nominating system, the party nominee is usually known before the party convention. b. Party conventions still have a rule in writing the party platforms, reviewing party rules and procedures, and unifying the party after potentially divisive primaries. TERMS rational party model responsible party model platform unified party control divided party control tripartite view of parties party in the electorate party in government party as an organization party unity scores Contract with America party identification 206
straight ticket voters split ticket voters independent partisan realignment dealignment party committees party machines patronage Democratic-Republicans Federalists Corrupt Bargain of 1824 Kansas Nebraska Bill merit system Australian ballot candidate centered era institutional barriers single member districts ballot access laws attitudinal barriers Democrats Republicans nominations closed primary systems open primary system national nominating convention binding primaries nomination caucus invisible primary party conventions USING YOUR UNDERSTANDING 1. Other than the Democratic or Republican parties, choose one other political party that you find interesting. Write an essay that addresses most if not all of the following questions: a. b. c. d. e. f. g. h. i. What are the values of the political party? What issues are they emphasizing and why? What makes the party distinctive the Democratic or Republican party? What criticisms do they have of the Democratic or Republican parties? Is there a political party organization in your state? In 2004 or 2008, who were the partys candidates for President? Did they run candidates for other national or state offices? How would you describe the organizational structure of the party? How would a citizen become a member of that party? What is the cost?
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2. Go to the Web sites for the national Republican and Democratic parties. Also look up the party Web sites for your states political parties. a. What do each offer its members in terms of political information and activities? Investigate political information and activities, and then examine events, news, getting out the vote, volunteering, contributing etc. b. Write a paragraph on what they have in common (at least two similarities). Be specific. c. Write a paragraph on differences (at least 2) between the two Web sites. Be specific. FURTHER RESOURCES Adkins, Randall E., ed. The Evolution of Political Parties, Campaigns, and Elections: Landmark Documents From 17872008. Washington DC: CQ Press, 2008. Aldrich, John H. Why Parties?: The Origin and Transformation of Political Parties in America. Chicago: University of Chicago Press, 1995. Bibby, John, and L. Sandy Maisel. Two PartiesOr More?: The American Party System. New York: Westview Press, 2002. Bibby, John, and L. Sandy Maisel. Two PartiesOr More?: The American Party System. New York: Westview Press, 2002. Fiorina, Morris P., Samuel J. Abrams, and Jeremy C. Pope. Culture War?: The Myth of a Polarized America. New York: Longman, 2005. Hershey, Marjorie R., and Paul A. Beck. Party Politics in America. New York: Longman, 2006. Schaller, Thomas F. Whistling Past Dixie: How Democrats Can Win Without the South. New York: Simon & Schuster, 2008. National Democratic Party. <http://www.democrats.org/>. National Republican Party. <http://www.rnc.org/>. Politics 1. <http://www.politics1.com/>. Trends in Party Identification. Gallup Poll. <http://www.gallup.com/poll/15370/party-affiliation.aspx>.
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PRACTICE TESTS Multiple Choice Questions 1. In his road to winning the 2008 Republican presidential nomination, John McCains victory in the state of _____ proved to be an important turning point. A) West Virginia B) New Hampshire C) California D) Nevada E) Georgia Blooms level: Knowledge Page reference: 517 2. The _____ party model holds that parties are organizations that sponsor candidates for political office under the organizations name in hopes of controlling the apparatus of government. A) organizational B) platform C) rational D) responsible E) political Blooms level: Comprehension Page reference: 518 3. The regulation of political parties at the state and local levels has its roots in the A) aftermath of the Civil War B) Progressive era. C) Federalist debates. D) dissatisfaction with the Articles of Confederation. E) Great Depression. Blooms level: Knowledge Page reference: 518 4. Since the Progressive Era, political parties have been ______ institutions, subjected to numerous state and local laws. A) quasi-secular B) quasi-public C) quasi-independent D) quasi-private E) quasi-corporate Blooms level: Comprehension Page reference: 518
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5. A situation in which the Republican Party controlled the presidency while the Democratic Party controlled the Congress is usually referred to as _____ party control. A) Divided B) Incongruous C) Unified D) Multiple E) Fractious Blooms level: Application Page reference: 520 6. Prior to the past thirty years, _____ party control was common in the United States. A) Divided B) Incongruous C) Unified D) Multiple E) Fractious Blooms level: Comprehension Page reference: 520 7. The significance of the Contract with America rests in A) the general but dramatic public policy shifts that resulted from the Contract. B) the specific laws that were passed as a result of the Contract. C) the ability of the Republican Party to secure its permanent Republican majority in the House and Senate. D) the ability of the Republican Party to overturn Democratic appointment to the federal courts. E) all of the above. Blooms level: Analysis Page reference: 522 8. Which of the following presidents faced a divided government at some point during their presidency? A) George W. Bush B) Bill Clinton C) George H.W. Bush D) Ronald Regan E) All of the above faced a divided government Blooms level: Comprehension Page reference: 523
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9. Between 2006 and 2008, the A) Republicans controlled the White House while the Democrats controlled both houses of Congress. B) Republicans controlled the White House and the Senate, while the Democrats controlled the House of Representatives. C) Democrats controlled the White House while the Republicans controlled both houses of Congress. D) Republicans controlled both the White House and Congress. E) Democrats controlled both the White House and Congress. Blooms level: Analysis Page reference: 523 10. The principal architect of the Contract with America strategy was Minority Whip A) Bob Barr. B) Newt Gingrich. C) Tom DeLay. D) Dennis Hastert. E) Dick Cheney. Blooms level: Knowledge Page reference: 524 11. If a citizen tells a pollster he thinks of himself as a strong Democrat, he would be considered part of the A) party-in-government. B) party-as-organization. C) party-in-electorate. D) party network. E) party kinship. Blooms level: Application Page reference: 526 12. Party machines were especially strong in A) small towns. B) the South. C) the West. D) new mid-sized cities. E) large cities. Blooms level: Knowledge Page reference: 530
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13. With respect to the contemporary strength of party organizations, A) Parties seem to be doing well at the national level but are in decline at the local level. B) Parties seem to be doing well at the local level but are in decline at the national level. C) Parties seem to be doing well at all levels. D) Parties seem to be in decline at all levels. E) The Republican party machine seems to be doing well, while the Democratic party machine seems to be in decline. Blooms level: Comprehension Page reference: 531 14. The party formed in 1824 in opposition to the Democratic Party and President Andrew Jackson was the A) Whig Party. B) Democratic-Republican Party. C) Democratic Party. D) Republican Party. E) Free Soil Party. Blooms level: Knowledge Page reference: 532533 15. Which of the following is NOT an institutional barrier to third parties in the United States? A) Single-member districts B) First past the post system C) The Electoral College D) Ballot access laws E) Wasted vote syndrome Blooms level: Comprehension Page reference: 536 16. The _____ Party was formed in 1992 by Texas billionaire H. Ross Perot. A) American Independent B) Know-Nothing C) Reform D) States Rights Democratic E) Green Blooms level: Knowledge Page reference: 537
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17. According to some estimates, true Democrats and Republicans, that is, people who identify themselves as very conservative or very liberal, represent approximately _____ percent of the population. A) 5 B) 10 C) 15 D) 20 E) 40 Blooms level: Knowledge Page reference: 538 18. A voter in New York goes to the polls. She is registered as an Independent but wishes to vote in the Republican primary. She is told she cannot vote in the Republican primary because she is not a registered member of the party. New York must be using a(n) A) blanket primary system. B) open primary system. C) closed primary system. D) nonpartisan primary system. E) party caucus system. Blooms level: Application Page reference: 540 19. Approximately _____ states use nomination caucuses to pick delegates. A) 5 B) 10 C) 15 D) 20 E) 25 Blooms level: Knowledge Page reference: 541 20. Which of the following is NOT a critique leveled against the current process of selecting presidential candidates? A) The process tends to polarize the electorate. B) The process tends to permit weak candidates to win the nomination. C) The process is expensive, time consuming, and negative. D) The media has too much influence over the outcome. E) The process grants some states too important a role. Blooms level: Analysis Page reference: 542
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True-False Questions 1. The rational party model argues that parties are organizations that run candidates to shape the outcomes of government and to direct public policy. Blooms level: Comprehension Page reference: 518 2. Parties outline their positions on a broad range of concerns in a documents referred to as the Party Contract. Blooms level: Knowledge Page reference: 518 3. The tripartite view of parties suggests that parties perform three functions in American politics: organizing elections, facilitating governance, and managing party functions. Blooms level: Synthesis Page reference: 522 4. All presidents since Ronald Reagan have faced the prospect of divided government for at least a portion of their presidencies. Blooms level: Analysis Page reference: 523 5. The Contract with America changed political dynamics in the United States and changed the policy agenda. Blooms level: Knowledge Page reference: 524 6. The phrase party machine is used to describe the local party organizations that influence elections and operated on the basis of patronage and behind the scenes control before the Progressive era. Blooms level: Comprehension Page reference: 530531 7. The Whig Party grew out of the collapse of Jeffersons Democratic Republicans. Blooms level: Knowledge Page reference: 532533 8. The candidate-centered era began with the development of radio in the early part of the twentieth century. Blooms level: Comprehension Page reference: 534
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9. The most significant institutional barrier to minor party success in the United States is the first past the post system that is used in legislative elections. Blooms level: Knowledge Page reference: 536 10. Candidates are formally selected at the national nominating conventions. Blooms level: Comprehension Page reference: 541 Short Answer Questions 1. Identify and explain three differences between political parties and interest groups. Blooms level: Comprehension Page reference: 518 2. Explain the concept of realignment and dealignment in the context of American politics. Blooms level: Comprehension Page reference: 527528 3. List three reasons for the decline in the power of the party machine in the early part of the twentieth century. Blooms level: Analysis Page reference: 530531 4. What is the first-past-the-post system and how does it affect the nature and outcome of elections? Blooms level: Evaluation Page reference: 536 5. What was the 2008 Leapfrog Contest and why did it take place? Blooms level: Analysis/Knowledge Page reference: 542543 Essay Questions 1. What are the most important functions of political parties? In your opinion, do parties enhance the political voice of individual citizens? Why or why not? Blooms level: Evaluation Page reference: 518521
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2. Do you think that the theory of partisan realignment helps to explain general trends in American politics? Why or why not? Blooms level: Evaluation/Analysis Page reference: 528 3. Compare and contrast the role of parties in the four party eras in American history. Blooms level: Analysis Page reference: 532535 4. Why did American politics become much more candidate-centered (as opposed to partycentered) in the 1960s? How did the party organizations adapt to this change? Blooms level: Evaluation Page reference: 534536 5. In your opinion, do the two major parties in the United States provide voters with a true ideological choice? If so, what are the most important ideological differences between the two parties? If not, how would you explain the parties own professed differences? Blooms level: Evaluation Page reference: 536539
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CHAPTER 16
PUBLIC POLICY IN THE UNITED STATES

I. Ideas and Values in Public Policy A. Politics and Policy 1. Politics is sometimes compared to a gamestrategies are used to gain an advantage over an opponent. 2. Policy is the output of politics. 3. It is too simplistic to try to completely separate politics and policy. 4. Policy Process Modela way of thinking about how policy is made in terms of steps in a progression. B. The Steps in Policymaking 1. Identifying the problem 2. Setting the agenda 3. Formulating a solution 4. Legitimizing the solution 5. Implementing the solution C. ValuesMany (but not all) policy debates can be framed as a conflict of two valuesfreedom versus equality D. Freedom 1. Positive freedomthe ability to do something 2. Negative libertyfreedom from some outside force E. Equality 1. Equality of processrules of the game are fair and equal but government does not guarantee equal outcomes. 2. Equality of outcomesstriving to have the same or near similar results. May require redistributing from the haves and the have-nots. F. Political Ideology 1. The preferences toward freedom and equality help define modern ideologies. 2. Most conservatives favor negative freedom and equality of process. 3. Most liberals favor positive freedom and equality of outcomes. II. Types of Public Policy A. Distributiongovernment distributes a societys resources, such as wealth, services, or other things of value, when it gives benefits to specific groups in that society. B. Regulationwhen a government uses legislative, military, or judicial power to stop an action by a person, organization, or group or when it mandates other behaviors or actions. C. Redistributionredistributive policies mean that resources are taken from one part of society and given to another.
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III. The Public Policy Process A. Identifying the Problem 1. Well organized groups with money, membership, or resources are most likely to have an advantage at the identification stage. 2. Two theories about how policy makers listen. a. PluralismWith many points of access in the political system, groups compete to have access to policymakers. b. Elitismonly people with power and money have access to policy makers. 3. Focusing eventsa major crisis that needs the immediate attention of the public and policy makers. B. Setting the Agenda 1. At a formal gathering, the persons or groups that make the agenda decide what will be discussed and what will not be discussed. 2. Institutional AgendaThe set of problems that government decision makers are actively working to solve. 3. Issue attention cyclesome issues are likely to remain on the formal agenda, while other issues may fade away. C. Formulating and Legitimizing Policy 1. Formulating Policy a. crafting solutions to identified problems b. Potential solutions may come in the form of laws, court decisions or department and agency rules. 2. The Increasing Powers of the Presidency a. Presidents can formulate policy by issuing executive orders. b. Presidents can also try to influence Congress to pass laws that the President favors. 3. Legitimizing PolicyLegitimacy is established if people accept policies, even if they dislike them. D. Implementing Policy 1. Implementation is largely done by the executive branch with some oversight by Congress and the courts. 2. Those who administer policies have some discretion to adapt to certain circumstances. However, this sometimes leads to outcomes that were not intended by the Congress, President, or Courts. 3. Congress will get feedback on the implementation of a policy before deciding to reauthorize a program. 4. Another form of Congressional oversight is investigation. IV. Alternative Views of the Policy Process A. Garbage can model 1. Instead of the orderly process described earlier in the chapter, problems, solutions, actors, and decision makers are all jumbled together and there is no set chronological order. 2. Solutions may be proposed for problems that do not exist and problems may exist with no apparent solutions. 218
B. Kingdons refinement of the garbage can model. 1. Problems, solutions, and political actors are like three streams that run parallel to one another, but dont merge. 2. To bring the streams together, a policy window must be opened.
TERMS policy policy process model policy categories negative freedom positive freedom equality of process equality of outcome classical liberalism conservatism liberalism progressivism distribution regulation redistribution problem identification pluralism elitism agenda institutional agenda issue attention cycle policy formulation policy legitimacy implementation discretion reauthorization investigation garbage can model policy streams policy windows.
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USING YOUR UNDERSTANDING Choose a policy recently passed by Congress or an executive order issued by the President. Research the various stages of the policy process model (identification, agenda, formulation, legitimizing, and implementing). Describe the actors involved at each stage. Were there different ways of identifying the problem? What other solutions were offered? Was the policy being implemented in the way that it was intended? For the policy you chose, does the policy process model most accurately describe the history of that policy? On the other hand, is the garbage can model a better description? FURTHER RESOURCES Baumgartner, Frank R., and Bryan D. Jones. Agendas and Instability in American Politics. Chicago: University of Chicago Press, 1993. Dye, Thomas R. Understanding Public Policy. Upper Saddle River: Prentice Hall, 2007. Kingdon, John W. Agendas, Alternatives, and Public Policies. New York: Longman, 2002. Meier, Kenneth J. The Politics of Sin: Drugs, Alcohol and Public Policy. Danbury: M. E. Sharpe, 1994. Sabatier, Paul A., ed. Theories of the Policy Process. New York: Westview Press, 2007. Stone, Deborah A. Policy Paradox: The Art of Political Decision Making. Boston: W. W. Norton, 2001. Stone, Deborah. The Samaritan's Dilemma: Should Government Help Your Neighbor? New York: Nation Books, 2008. Center for Public Policy Priorities. <http://www.cppp.org>. Public Agenda. <http://www.publicagenda.org/>. Public Policy Institute of California. <http://www.ppic.org>.
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PRACTICE TESTS Multiple Choice Questions 1. Political scientists Harold Laswell famously defined politics as A) efforts intended to influence the public decision making process. B) the study of power. C) the study of who gets what, when, and how. D) the authoritative allocation of values. E) the challenge of governing. Blooms level: Knowledge Page reference: 555 2. All of the following are considered steps in the policy process model EXCEPT _____, which is only sometimes included. A) identifying the problem B) setting the agenda C) formulating a solution D) evaluating the solution E) implementing the solution Blooms level: Knowledge Page reference: 556 3. In the early 1990s, when health care was high on the list of public policy priorities in the United States, approximately _____ million people were uninsured. A) 1 B) 40 C) 90 D) 100 E) 230 Blooms level: Knowledge Page reference: 557 4. George W. Bush signed a bill into law that made it harder for people to declare _____ and thus avoid repaying their debts. A) impunity B) bankruptcy C) solvency D) citizenship E) tax withholdings Blooms level: Knowledge Page reference: 558
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5. _____ liberty or freedom exists to the extent that we can do what we wish. A) Positive B) Negative C) Ultimate D) Passive E) Progressive Blooms level: Comprehension Page reference: 558 6. Positive freedom and an emphasis on equality of outcome is most closely associated with the platform of which political party? A) Democrats B) Republicans C) Greens D) Reform E) Libertarian Blooms level: Application Page reference: 559560 7. The ideas of someone who holds the process view of equality and the negative view of freedom resemble A) progressivism. B) communism. C) classical liberalism. D) modern liberalism. E) feminism. Blooms level: Analysis Page reference: 560 8. Although the term usually carries negative connotations, special interests is merely another term describing the use of the A) elections pathway. B) court pathway. C) grassroots mobilization pathway. D) cultural change pathway. E) lobbying pathway. Blooms level: Comprehension Page reference: 560
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9. Rachel Carson wrote Silent Spring to criticize the environmental impact of A) biotechnology. B) DDT. C) oil production. D) the automobile industry. E) burning coal. Blooms level: Synthesis Page reference: 560561 10. The government function of distribution is often decried by critics as A) special interests. B) pork barrel spending. C) entitlements. D) democratic deficit. E) effective governance. Blooms level: Knowledge Page reference: 562 11. The independent commission that investigated the intelligence failures leading up to 9/11 provided _____ benefits to American citizens. A) symbolic B) tangible C) terrestrial D) patriotic E) referential Blooms level: Application Page reference: 563 12. The process of publicizing a problem and demanding government action to address it is usually referred to as A) agenda setting. B) problem identification. C) policy evaluation. D) policy implementation. E) policy legitimation. Blooms level: Knowledge Page reference: 564
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13. Mothers Against Drunk Driving was formed in 1980 by A) Candace Lightner and Cindi Lamb. B) Margaret Washington and Francis Walker. C) Candace Lightner and Francis Walker. D) Margaret Washington and Cindi Lamb. E) Francis Walker and Cindi Lamb. Blooms level: Knowledge Page reference: 566 14. Going public is most closely associated with which step in the policy process? A) Identifying the problem B) Setting an agenda C) Formulating and legitimating policy D) Implementing policy E) None of the above Blooms level: Comprehension Page reference: 567568 15. The process by which public policy is developed is important because A) the people must be able to affect governmental policy. B) the procedure helps to confer legitimacy on the government. C) efficiency in the public policy process can be guaranteed only through transparency. D) the people demand it. E) democracy is the least stable form of government. Blooms level: Analysis Page reference: 568 16. _____ is the power to review the implementation of policy. A) Going public B) Assessment C) Reform D) Oversight E) Evaluation Blooms level: Comprehension Page reference: 570
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17. Unlike legislatures, courts do not control the _____ of programs directly. A) evaluation B) operation C) formulation D) implementation E) funding Blooms level: Knowledge Page reference: 570 18. The main institution(s) of government exerting oversight over the implementation of policy is (are) A) the legislature. B) the courts. C) the executive. D) both A and B. E) A, B and C. Blooms level: Comprehension Page reference: 571 19. John Kingdons concept of policy streams includes _____ as streams that flow through the policy process but do not necessarily merge with one another. A) problems B) solutions C) political factors D) all of the above E) none of the above Blooms level: Comprehension Page reference: 572 20. The 2001 terrorist attacks opened the window for Congress to pass a sweeping set of measures, known as the _____, which raised significantly the permissible level of government surveillance of the public. A) Espionage Act B) USA PATRIOT Act C) Sedition Act D) Civil Rights Act E) Stamp Act Blooms level: Knowledge Page reference: 572
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True-False Questions 1. Hooters and Polluters was the name given by Democrats to George W. Bushs 2003 energy policy. Blooms level: Knowledge Page reference: 555 2. The traditional pubic policy model is often critiqued for ignoring how people interpret values such as equity, efficiency, security, and liberty. Blooms level: Comprehension Page reference: 557 3. The ideas of someone who holds the process view of equality and the negative view of freedom resemble classical liberalism. Blooms level: Analysis Page reference: 560 4. Americans often dismiss lobbying as negative because it implies that special interests exercise undue influence over the policy process. Blooms level: Comprehension Page reference: 560 5. Political scientists break down the basic functions of government into distribution, regulation, and redistribution. Blooms level: Knowledge Page reference: 562 6. The difference between distributive and redistributive policies rests primarily in the number of people affected by the policy. Blooms level: Analysis Page reference: 562 7. Congress was designed by the founders to be the most open of the policymaking institutions of the federal government. Blooms level: Knowledge Page reference: 567 8. The final stage of the policy process is the implementation of policy by governmental agencies. Blooms level: Knowledge Page reference: 564
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9. The garbage can model depicts problems, solutions, actors, and other parts of the policymaking universe as jumbled together. Blooms level: Knowledge Page reference: 572 10. In developing their plan for our system of government, the founders emphasized flexibility and responsiveness over stability. Blooms level: Comprehension Page reference: 574 Short Answer Questions 1. Explain the relationship between policy and politics. Blooms level: Analysis Page reference: 556557 2. Identify and explain the three basic functions of government. Blooms level: Synthesis Page reference: 562563 3. Who participates in the problem identification phase of the policy process? How are the different pathways of action used in this context? Blooms level: Knowledge Page reference: 564 4. Explain how the framing of an issue affects the policy process and the development of acceptable solutions using the debate over 9/11 as a crime vs. 9/11 as an act of war. Blooms level: Evaluation/Application Page reference: 567569 5. What is a policy window? Blooms level: Comprehension Page reference: 572 Essay Questions 1. According to political scientists Deborah Stone, The production [process] model fails to capture what I see as the essence of policy making in political communities: the struggle over ideas. What does Stone mean by this? Do you agree? Why or why not? Blooms level: Evaluation Page reference: 556557 227
2. What role do ideas and values play in the policy process? Use an example of a specific policy to illustrate your answer. Blooms level: Analysis/Application Page reference: 556560 3. Explain the six steps of the policy process model using a specific case study of your choice. Blooms level: Synthesis Page reference: 564 4. Evaluate the role of the president in the policy process. How does the current role differ from the role envisioned by the founders? Is this a reason for public concern? Why or why not? Blooms level: Evaluation/Analysis Page reference: 564571 5. Why is comprehensive policy change unusual in the United States? Explain how infrequent comprehensive change can be a positive or negative for policy making? Blooms level: Evaluation Page reference: 574
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CHAPTER 17
MAKING ECONOMIC POLICY

I. Economic Basics A. Economic Freedom 1. Adam Smiths (a Scottish economist and philosopher) writings describe the underpinnings of capitalism. 2. The acquisition, ownership, and manipulation of property are what lead to wealth, not the size of the kings treasury (or government). 3. When people pursue their own self interest, the invisible hand of supply and demand laws will provide an overall correction in the economy. B. Macroeconomics 1. Macroeconomics is the study of national economics, while microeconomics is the study of individual markets. 2. British John Maynard Keynes challenged the classical assumption that we should accept the ups and downs of the business cycle. 3. Keynes argued that government should play an active role in smoothing out business cycles by a combination of taxing and spending policies. a. When the economy is stagnant, governments should cut taxes and increase spending to help stimulate the economy. b. When the economy is prosperous, governments should raise taxes and reduce spending to prevent inflation. C. Supply Side Economists and Monetarists 1. Supply side economics a. High taxes curtail efficiency, but low taxes encourage productivity. b. Supply side economists argue that governments can increase revenue by decreasing taxes. Decreasing taxes will bring more economic growth, which helps the government collect more revenue. 2. Monetarists argue that the federal bank should concentrate on the supply of money in smoothing out business cycles. D. Status of the Dollar 1. To a large degree, confidence in the status of the American dollar is an indicator of confidence in the American economy. 2. Although there has been strong economic growth from the mid 1990s to the early millennium, real earnings have decreased for many workers while the real earnings of the wealthiest Americans have substantially increased. E. Types of Economic Policy 1. Fiscal policy is the spending and taxing decisions made by Congress and the President. 2. Monetary policy is concerned with the money supply and is managed by the independent Federal Reserve Board. F. The Big Five: Measuring Economic Performance 1. Inflation a. The rate at which prices increase.
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b. Consumer Price Index (CPI) measures the changing costs of a specified market basket of goods and services. c. Deflation can also have a dampening effect on the economy. Unemployment a. Unemployment rate measures the percentage of Americans who are out of work and are actively seeking work. b. High unemployment is bad, but very low unemployment may be negative also. Low unemployment may mean inflationary pressures and that employers are having difficulty finding workers. Gross Domestic Product a. The value of all goods and services produced in the United States. b. A good growth target for GDP is 3 or 4 percent. Balance of Trade a. The difference between imports and exports. b. The United States has been running a large trade deficit for many years. c. Americans enjoy cheap imported products, but are concerned about the outsourcing of jobs. Budget Deficit a. In a given fiscal year, the amount that the government spending is exceeds government revenue. b. There are occasionally budget surpluses. c. The net sum of the budget deficit minus the surplus (in other words how much the government owes).
II. Fiscal Policy A. Major Actors 1. Budgets are created by the President and the Congress. However, there are several other major actors. 2. The Congressional Budget Office (CBO) is the research arm of the Congress. 3. The White House Office of Management and Budget (OMB) has the primary responsibility of drawing up the budget. 4. The Council of Academic Advisers (CEA) are usually academic economists that advise the president on the economy. B. Key Congressional Players 1. House and Senate committees do most of the work on tax and appropriation bills. 2. The appropriations committees decide where federal money will be specifically spent. 3. The House Ways and Means and the Senate Finance Committees deal with tax policy. 4. Budget committees review the fiscal process and set guidelines. III. Revenue A. Income Taxes 1. Marginal tax rate is the tax rate you pay on the last dollar you earn that year. 2. Taxable income is net income after certain deductions. 230
B.
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3. The average tax rate is less than the marginal tax rate. 4. After deductions, some low-income workers pay no taxes or are eligible for an earned income credit. Payroll Taxes 1. Employees and employers both pay 6.2 percent of wages into the Social Security Trust Fund and 1.45 percent into the Medicare Trust Fund. 2. The self employed must pay the full 15.3 percent of net income. The Tax Burden 1. Progressive Taxes a. a tax structured so that higher income individuals pay a larger percentage of their income in taxes. b. The federal income tax is a progressive tax and the tax burden is higher on the wealthy. 2. Regressive Taxes a. A tax structured such that higher income individuals pay a lower percentage of their income taxes relative to lower income individuals. b. The Social Security tax is a regressive tax and the tax burden is higher on lower income people. Corporate Taxes 1. Corporate taxes generate about 15 percent of the federal budget. 2. Corporate taxes depend on company profits. 3. With many countries trying to attract foreign businesses to their nation, there is pressure to keep corporate taxes low. Other Taxes 1. Excise taxes 2. Customs duties 3. Inheritance tax Tax Analysis 1. The Laffer Curve a. Economist Arthur Laffer argued that if tax rates are too high, that would discourage productivity and government revenues would decrease. b. Laffers theories influenced President Ronald Reagan who proposed tax cuts early into his presidency. c. During the 1980s, revenues did increase, but spending increased at a higher rate, thus causing large budget deficits throughout the 1980s. 2. Tax Equity a. Despite increases in GDP, the disparity has been widening between the rich and poor. b. The debate among Americans and economists is whether a more progressive tax structure would decrease income inequality or hurt economic growth.
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3. Tax Reform proposals a. Flat Tax i. Except for a standard deduction, there would be no deductions, and everyone would pay the same tax rate; for example, 17 percent. ii. Income tax forms would be greatly simplified. iii. Advocates of a progressive system argue that the wealthy should pay a larger percentage and the poor should pay less. b. National sales tax i. A sales tax of about 23 percent would replace the income tax and the payroll tax. ii. This plan has been criticized as being regressive. IV. Expenditures A. Social Security 1. The largest US government expenditure in 2005 was Social Security. 2. A concern about the future of financing Social Security is that the population is getting older, and there are fewer younger workers to contribute to the system. 3. A 1983 commission suggested several reforms including the creation of a Social Security Trust Fund. 4. The Social Security Trust Fund runs a surplus most of the time; however, the federal government has borrowed from it with a promise to pay it back. B. Defense 1. The second largest US government expenditure in 2005 was national defense. 2. Appropriations for defense are partially decided by national security needs, but also by lobbying from companies that provide equipment and services to the US military. C. Income Security 1. The largest income security programs are the earned income credit, the child tax credit, supplemental security income, unemployment compensation, and food stamps. 2. The income portion for Temporary Assistance for Needy Families (TANF) has been reduced since the mid 1990s. D. Government Medical Care 1. Medicare a. Medicare provides health insurance for retired people and younger disabled people. b. The biggest recent increase in cost has been a new prescription benefit. c. Currently Medicare takes a small portion of GDP, but costs are expected to triple or quadruple by 2050.
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2. Medicaid a. Medicaid provides health insurance to the poor. b. Medicaid is financed by both the federal government and state governments. Because state governments provide different benefits or have different requirements, there is variation across states in spending for Medicaid. E. Interest and Other Spending 1. As government debt increases, so do interest payments. 2. One of the great difficulties in making substantial budget cuts is that entitlements are a large part of the budget. Entitlements are mandatory spending by law (e.g. anyone over 67 or meeting other eligibility requirements is entitled to social security). 3. Congress and the President can try to change the law as to what is considered entitlements, but that would be politically unpopular. V. Monetary Policy A. The Federal Reserve Board 1. This board is an independent agency that is responsible for formulating and implementing monetary policy. 2. The Federal Open Market Committee (FOMC) is the policymaking arm of the Federal Reserve. They have several tools to manipulate monetary policy. a. Reserve ratioThe FOMC can reduce the money supply by requiring banks to keep on hand a certain amount that is unavailable to the public. b. Federal funds ratea market driven interest rate where banks charge one another for short term loans. c. Open market operations i. The FOMC can influence the federal funds rate by its open market operations. ii. Open market operations determine what percent of the money supply is in cash and what percent is in Treasury bills or bonds. d. Discount ratethe interest rate that the Federal Reserve charges member banks. e. Prime ratethe rate that banks charge their best customers. B. The Fed in Action 1. Stagflationa combination of a stagnant GDP, rising unemployment, and rising inflation. 2. Philips curvean economic model that assumes an inverse relationship between unemployment and inflation. 3. It is very difficult to fine tune the economy because there is a hard to determine lag effect between the action of the Federal Reserve and economic results. During the lag other important economic trends may appear that the Federal Reserve may need to address.
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C. Monetary Policy and Fiscal Policy 1. There is a tendency for fiscal policy to create inflationary pressures because politicians want to satisfy constituents with lower taxes and government spending. 2. Federal Reserve leaders have criticized Congress for budget deficits. 3. Congress has criticized the Federal Reserve for being too tight on monetary policy which may slow economic growth. VI. Regulatory Policy A. The Cost of Complying with Regulations 1. Complying with congressional or agency regulations costs businesses approximately one trillion dollars a year. A greater burden is placed on small businesses. 2. The government maintains that regulations help provide a cleaner environment, safer working conditions, and protection against monopolies. B. Deregulation 1. Despite a trend in deregulation since the 1970s, compliance costs are higher. 2. Even though many businesses complain about regulations, some businesses want regulations that will help them stay in business and help keep their market share. 3. Interest groups are actively involved in increasing or decreasing regulations. For example, there are frequent conflicts between energy companies and environmental groups. VII. Trade Policy and Globalization A. The Trade Debate in the United States 1. Free traders argue that trade barriers should be dismantled. The flow of goods, capital, and labor should not be restricted. 2. Protectionists argue that domestic businesses and workers should be protected against foreign competition. 3. In the late 19th century and early 20th century, Republicans tended to be protectionists and Democrats tended to be free traders. 4. While partisan differences on the free trade issue are not as clear cut, Democrats tend to be more protectionist and Republicans tend to be free traders. B. The Resilience of the U.S. Economy 1. Trade deficits a. One concern is that the goods of other countries may dominate the marketplace in the United States. Another concern is that the US is not producing enough at home to export to other countries. b. On the other hand, a trade deficit may mean that the US economy is strong enough to demand cheaper goods from other countries.
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2. Rising cost of crude a. One reason for price fluctuations in oil is that OPEC (Organization of Petroleum Exporting Countries) can sometimes manipulate the supply of oil. b. Most oil in the US is imported. 3. International trade a. Besides customs and tariff issues, subsidies to domestic industries are another area of dispute in international trade. b. International and regional trade associations have developed in the last couple of decades to promote free trade. i. World Trade Organization (WTO) ii. North American Free Trade Association (NAFTA) iii. European Unions (EU) c. Protectionists have opposed many recent free trade agreements. Antiglobalization activists have protested (sometimes violently) at free trade meetings. TERMS capitalism Adam Smith invisible hand micro economics macro economics Keynsians supply side economists monetarists inflation Consumer Price Index deflation unemployment rate gross domestic product balance of trade budget deficit budget surplus national debt fiscal policy Congressional Budget Office Office of Management and Budget Ways and Means Committee Finance Committee income taxes payroll taxes tax burden progressive taxes regressive taxes 235
marginal tax rate corporate taxes Laffer Curve flat tax national sales tax social security Social Security Trust Fund income security Temporary Aid to Needy Families (TANF) Medicare Medicaid entitlements monetary policy Federal Reserve Board Federal Open Market Committee reserve ratios federal funds rate open market operations discount rate prime rate stagflation Phillips Curve deregulation protectionists free traders trade deficit World Trade Organization North American Free Trade Agreement European Union USING YOUR UNDERSTANDING 1. Pay attention to economic news for about a week. What is Congress and the President proposing? What actions are the Federal Reserve Board taking? Does monetary policy or fiscal policy seem to be the focus of the national government? Is tax fairness or tax cutting the main priority? Is free trade or protectionism being promoted? What is being proposed regarding spending on entitlements, defense, and other programs. You can find substantial economic news in the Wall Street Journal or the New York Times or the Economist. While the major networks cover some economic news in their nightly newscasts, more in depth coverage can be found on PBS, NPR, and cable stations such as CNBC or Bloomberg News. 2. Study the economic policies of a previous presidential administration. How does it compare to current economic policies? What specific economic problems did the nation face at the time of that presidency? Given the economic conditions at the time, do you think the actions of the President, Congress, and the Feds were wise? Explain.
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FURTHER RESOURCES Buchholz, Todd G., and Martin Feldstein. New Ideas from Dead Economists: An Introduction to Modern Economic Thought. New York: Plume, 2007. Friedman, Milton, and Rose D. Friedman. Capitalism and Freedom. Chicago: University of Chicago Press, 2002. Friedman, Thomas L. The World Is Flat: A Brief History of the Twenty-First Century. New York: Picador, 2007. Levitt, Steven D., and Stephen J. Dubner. Freakonomics: A Rogue Economist Explores the Hidden Side of Everything. New York: Harper Collins, 2006. Rubin, Robert, and Jacob Weisberg. In an Uncertain World: Tough Choices from Wall Street to Washington. New York: Random House, 2004. Skousen, Mark. The Big Three in Economics: Adam Smith, Karl Marx, and John Maynard Keynes. Danbury: M. E. Sharpe, 2007. Walsh, Vincent, Alvaro Pascual-Leone, and Carl E. Walsh. Monetary Theory and Policy. Boston: MIT Press, 2003. Wheelan, Charles, and Burton Gordon Malkiel. Naked Economics: Undressing the Dismal Science. Boston: W. W. Norton & Company, 2003. Bureau of Economic Analysis. US Department of Commerce. <http://www.bea.gov/>. Department of Labor Statistics. US Department of Labor. <http://www.dol.gov/dol/stats.htm>. Moody's Economy.com. <http://www.economy.com>.
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PRACTICE TESTS Multiple Choice Questions 1. Many political scientists on both the right and left consider the _____ to be primarily an economic document. A) Declaration of Independence B) Emancipation Proclamation C) Civil Rights Act D) Constitution E) Bill of Rights Blooms level: Knowledge Page reference: 582 2. Keynesian economic policies focus primarily on A) the supply side. B) managing the money supply. C) keeping inflation in check. D) promoting production for export. E) the demand side. Blooms level: Synthesis Page reference: 583 3. In recent years, the gap between executive pay and the pay of the average worker has A) narrowed dramatically. B) narrowed slightly. C) remained about the same. D) widened slightly. E) widened dramatically. Blooms level: Synthesis Page reference: 583 4. The inflation rate is measured by the A) the gross domestic product. B) the unemployment rate. C) the Consumer Price Index. D) the Laffer curve. E) all of the above. Blooms level: Knowledge Page reference: 584
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5. Impoundment refers to a practice of President Nixon to A) refuse to enforce legislation he opposed. B) refuse to spend money allocated by the Congress. C) unilaterally reallocate money between federal programs. D) unilaterally eliminate Congressional budget items. E) overturn decisions by the federal courts. Blooms level: Comprehension Page reference: 586 6. The _____ program is funded by payroll taxes. A) Medicare B) Medicaid C) Food Stamp D) Social Security E) Defense Blooms level: Knowledge Page reference: 586 7. In the United States, income tax is a _____ taxthe more money you make, the higher percentage you pay in taxes. A) progressive B) regressive C) payroll D) flat E) insurance Blooms level: Comprehension Page reference: 588 8. The single-largest portion of federal revenue, accounting for approximately 43 percent of all revenue to the national government, is provided by A) corporate income taxes. B) individual income taxes. C) customs and excise taxes. D) estate taxes. E) the federal gas tax. Blooms level: Knowledge Page reference: 588
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9. Taxes imposed on goods like alcohol and tobacco are often referred to as A) luxury goods taxes. B) leisure taxes. C) sin taxes. D) capital gains taxes. E) consumer protection taxes. Blooms level: Comprehension Page reference: 589590 10. The _____ curve is an economic model that maintains that a higher level of taxation can result in lower government revenues. A) Phillips B) macroeconomic C) Keynes D) Laffer E) Friedman Blooms level: Comprehension Page reference: 590 11. The person who is credited for implementing supply-side economics-inspired tax cuts in the United States in the 1980s is A) Ronald Reagan. B) Milton Friedman. C) John Maynard Keynes. D) Alan Greenspan. E) Arthur Laffer. Blooms level: Knowledge Page reference: 590 12. A(n) _____ tax is structured such that all income, after limited exemptions, is subject to the same tax rate. A) regressive B) excise C) flat D) corporate E) progressive Blooms level: Comprehension Page reference: 591
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13. In 2005, the United States governments largest overall expenditure was _____, with an outlay of $522 billion. A) Social Security benefits B) Medicare C) defense spending D) veterans benefits E) foreign aid Blooms level: Knowledge Page reference: 592 14. Which of the following reforms to the Social Security program was NOT instituted pursuant to the recommendations of Greenspans commission? A) The age at which full retirement benefits begin to be paid was raised from 65 to 67 years. B) It increased the overall tax rate charged for Social Security. C) It equalized the Social Security tax rate on the self-employed to match the level placed on large employers. D) It prohibited the government from using Social Security surpluses to finance other on-budget governmental expenditures. E) It did all of the above. Blooms level: Comprehension Page reference: 592 15. Which of the programs or departments has the LOWEST budget? A) Defense B) Education C) Agriculture D) Social Security E) Medicare and Medicaid Blooms level: Knowledge Page reference: 592594 16. Which of the following is NOT a component of the income security program? A) Medicare B) food stamps C) the earned-income credit D) unemployment compensation E) the child tax credit Blooms level: Application Page reference: 593
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17. The Federal Reserve must strike a balance in setting monetary policy because too much money in the system results in A) deflation, while too little money causes stagnation. B) inflation, while too little money causes stagnation. C) stagnation, while too little money causes inflation. D) stagnation, while too little money causes deflation. E) inflation, while too little money causes stagnation. Blooms level: Analysis Page reference: 596 18. Since the end of World War II, the general trend in American party politics has been for A) Republicans to support free trade and Democrats to oppose it. B) Republicans to oppose free trade and Democrats to oppose it. C) both Republicans and Democrats to support free trade. D) both Republicans and Democrats to oppose free trade. E) neither party to adopt positions on free trade. Blooms level: Comprehension Page reference: 602 19. The North American Free Trade Association is a trade agreement involving A) Canada, Mexico, and Argentina. B) Canada, Mexico, and Haiti. C) the United States and Canada. D) the United States, Haiti, and the Dominican Republic. E) the United States, Mexico, and Canada. Blooms level: Knowledge Page reference: 603 20. Which of the following is NOT direct result of the post-World War II economic order? A) The International Monetary Fund B) The World Bank C) The General Agreement on Tariffs and Trade D) The World Trade Organization E) The North American Free Trade Agreement Blooms level: Knowledge Page reference: 603 True-False Questions 1. Microeconomics is the study not of individual markets, but of national economies as a whole. Blooms level: Comprehension Page reference: 582 242
2. Classicists believe that the government should play an active role in smoothing out natural business cycles through taxation and spending policies. Blooms level: Knowledge Page reference: 582 3. The gap in salaries between chief executive officers and rank-and-file corporate employees in the United States has increased tremendously over the past decade. Blooms level: Analysis Page reference: 583 4. Balance of trade refers to the relative size of the federal governments budget surplus or deficit. Blooms level: Comprehension Page reference: 584 5. According to the CBO, the top 10 percent of earners in the United States pay less than 2 percent of income taxes. Blooms level: Knowledge Page reference: 588 6. A flat tax is structured such that all income, after limited exemptions, is subject to the same tax rate. Blooms level: Comprehension Page reference: 591 7. It is often difficult to reduce government spending because current year expenditures have become the baseline for future budget years. Blooms level: Analysis Page reference: 592 8. In 2005, the Unites States governments biggest expenditure was education. Blooms level: Knowledge Page reference: 594 9. By the 1970s, there was a general agreement in America that the government needed to impose more regulations on industry. Blooms level: Knowledge Page reference: 597598 10. Protectionists believe that trade barriers should be dismantled. Blooms level: Comprehension Page reference: 602 243
Short Answer Questions 1. Explain Adam Smiths concept of the invisible hand. Blooms level: Synthesis Page reference: 582 2. What is the difference between a budget deficit and a budget surplus? Blooms level: Comprehension Page reference: 584 3. Evaluate the impact of flat tax and national sales tax proposals on U.S. government revenue and perceived fairness of the tax system. Is a flat tax, a national sales tax, or the current income tax system most preferable? Why? Blooms level: Evaluation/Synthesis Page reference: 591 4. What are inflationary expectations and why are they important? Blooms level: Analysis Page reference: 597 5. What are the most significant changes in the American economy in the last 20 years? Blooms level: Analysis Page reference: 602603 Essay Questions 1. Compare and contrast the Keynesian and supply-side schools of economics. Which school do you favor and why? Blooms level: Evaluation Page reference: 582583 2. What are the most pressing economic challenges facing the United States today? How would you advise the president (or the Congress, or the Fed) to address the challenges you identify? Blooms level: Evaluation Page reference: 581604 3. Analyze the current tax system in the United States. Is it fair, in your opinion? What changes would you suggest be made, if any? Blooms level: Evaluation Page reference: 588591
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4. Why is long-term economic planning so difficult for the government to accomplish? Be sure to address the structural, ideological, and political factors that play in to the problem. Blooms level: Evaluation Page reference: 596599 5. Discuss the current American trade deficit. Is it necessarily a bad thing, in your opinion? Why or why not? Blooms level: Evaluation Page reference: 602603
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CHAPTER 18
FOREIGN AND NATIONAL SECURITY POLICY

I. Competing Principles for American Foreign Policy A. Perspectives on Foreign Policy 1. Neo-conservative Transformer a. International relations need to be thought of as a constant source of conflict and struggle. b. As the sole superpower in the world, the US has a special role in enforcing proper behavior of other countries, but does not necessarily have to abide by those rules themselves because of the special nature of the US. c. The military is the central instrument of American foreign policy. d. Unilateralism is more appropriate than worrying about the role of alliance partners. e. It is the national interest to spread democracy world wide. 2. Neo-Liberal Transformer a. There is some sense of shared identity with most other countries and a potential for cooperation. b. Neo-liberals also believe in spreading democracy. c. Belief that democracy is best built from within by local political forces. d. Emphasis on non military means to achieve goals. e. Emphasis on international institutions and agreements. 3. Conservative Maintainer a. Maintainers have a more pessimistic world view. b. To protect its interests, military power is more important than diplomacy or economic incentives. c. American interests must supercede global interests. d. Military must be constantly strong but used carefully. It is best to have military alliances so as to spread the costs of military action. e. Power must be used carefully so that it is seen as legitimate and not as brute force. 4. Isolationist Maintainer a. Military strength is important, but an activist foreign policy will undermine American values. Military actions abroad should be rare. b. Military strength should be used to protect the country, not to be involved in conflicts with other nations. c. International alliances should be kept to a minimum to avoid excessive entanglement in world affairs. d. Cultural, commercial, and diplomatic interactions are acceptable, but troops abroad and foreign aid should be extremely limited.
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B. Conflicting Evaluations of the Iraq War 1. Neo-conservative view of the Iraq War a. Even if no weapons of mass destruction were to be found, it was still important to get rid of Saddam Hussein who had been aggressive in the past. b. US military involvement was necessary to start building democracy in Iraq. 2. Neo-liberal view of the Iraq War a. Non military means should have been tried more before military intervention and democracy has to come from within and not from outside. b. International institutions should play a role in the reconstruction of Iraq, not just the US. 3. Conservative maintainer view of the Iraq War a. A larger international alliance should have been created to limit the costs and casualties. b. Issues in Iraq has distracted the US from what should be the main concernfighting terrorism, particularly Al Qaeda. 4. Isolationist maintainer view of the Iraq War a. Isolationists saw little value in Iraq, it was not directly related to the 9/11 attacks. b. Emphasis should be on promoting homeland security. C. Echoes from the Past 1. Hamiltonians a. Concerned strictly with national power and not moral crusades. b. American foreign policy should promote economic strength. 2. Wilsonians a. American foreign policy should try to spread democracy and American values around the world. b. Americas economic interests will also be served if more nations are friendly democratic nations. 3. Jeffersonians a. The US should avoid foreign entanglements. b. An interventionist foreign policy will lead to threats to American democracy and civil liberties at home. 4. Jacksonians a. US should be suspicious of other countries. b. Foreign policy should be backed by military might that is used with few restraints. II. Foreign and Domestic Policy A. Links Between Foreign and Domestic Policy 1. Emphasis on individual legal rights and civil liberties instead of economic and social rights.
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2. More concern regarding hostile, overtly aggressive foreign governments. Less concern for strengthening foreign governments. 3. Rejection of violence as a means to improve human rights. B. International Influence on US Political Activity 1. Foreign governments lobby Congress and the executive branch for foreign aid and arms sales. 2. Some firms have threatened to build factories in other countries unless the US or state governments change certain policies. C. International and Domestic Gains and Losses 1. Some foreign programs not only help foreign nations, but help specific groups in the United States, such as farmers. 2. Battlefield deaths usually affect the approval ratings of a President. 3. The public is also concerned about international trade issues and civil liberties in other countries. III. The Domestic context of American Foreign Policy A. Public Opinion 1. Presidents have used polling to determine what the public thinks about some foreign policy issues. 2. Public opinion may encourage innovation or encourage the status quo. 3. Vietnam syndromethe belief that the American public will not support a prolonged military intervention. 4. Rally around the flag effectpublic opinion is very supportive (at least in the short term) of the President during a time of crisis. B. Elections 1. Elections are rarely a battle about the specifics of foreign policy, but about who the public trusts. 2. The public is not knowledgeable about foreign affairs. 3. Presidents try to complete foreign policy initiatives ahead of an election so that those initiatives are not election issues. C. Interest Groups 1. Most interest groups that are concerned about foreign policy are ethnic identity groups. a. The American Israeli Public Affairs Committee (AIPAC) is concerned about the protection of Israel. b. The Cuban American National Foundation (CANF) influences the extent of relations between the US and Cuba. c. African Americans spoke out against apartheid in South Africa. d. Latinos express their concerns about immigration policy. 2. Religious groups may express their beliefs about international family planning and human rights. Some religious groups supported the war in Iraq, while others opposed.
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D. Political protests alone rarely change the mind of public officials directly, but it can force certain issues onto the agenda. IV. Political Institutions and Foreign Policymaking A. The Constitution and Foreign Policymaking 1. President can negotiate treaties with the 2/3rds consent of Congress. 2. President appoints ambassadors and other foreign policy positions with the consent of the Senate. 3. War Powers a. Congress can declare war. b. President is the Commander in Chief. B. The Presidency 1. President is the major actor in making US foreign policy. 2. Presidents have to be aware of the domestic consequences (elections, public opinion, Congress etc) of their foreign policy decisions. C. The Chief of Staff is an important adviser to the President on foreign affairs. D. The Vice Presidency 1. Recent vice presidents have become more important actors in foreign policymaking. 2. It is still up to the Presidents to decide on what role chief of staffs and vice presidents perform in foreign policy. E. National Security Council 1. The National Security Council provides coordination among the various foreign policy bureaucracies. 2. Presidents have come to rely on the National Security Council more than other foreign policy bureaucracies. a. The foreign policy bureaucracies include the State Department, the Defense Department, and the CIA. b. The foreign policy bureaucracies tend to be more concerned about long term relations with countries. c. Presidents may be more concerned about the 4 year electoral cycle. F. The role of National Security Adviser has evolved from a managerial role to a policy advocacy role. G. State Department 1. The State Department is the formal channel of information between the United States and foreign governments. 2. The State Department represents the US at international meetings and staffs foreign embassies. 3. Criticisms of the State Department a. too often prefers the safe choices b. is not sensitive to the Presidents political agenda
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H. Department of Defense 1. Secretaries of Defense have usually adopted one of two approaches. a. Some secretaries are generalists and will defer specific military operations to military specialists. The secretary will be the militarys representative to the President and to the other foreign policy bureaucracies. b. Some secretaries see themselves as specialists and try to actively shape the operations and the policies of the military (e.g. Donald Rumsfeld). 2. Philosophies regarding sending troops to combat. a. The Powell Doctrineuse military force in a decisive manner only when there is large public support and a clear exit strategy. b. The McNamara Doctrinelimited and graduated military involvement is permissible when there is a clear problem, whether or not there is public support. I. Central Intelligence Agency 1. The CIAs main function is to provide intelligenceevaluated informationnot just rumors or guesses. 2. CIA and the President a. The process of intelligence gathering and the process of policymaking sometimes clash. b. Presidents often want intelligence that may help convince Congress or the public of a type of action. The CIA does not always have the intelligence that the President would like. 3. CIAs mission sometimes conflicts with the mission of other agencies. J. Department of Homeland Security 1. DHS was created after the 9/11 terror attacks. 2. It is not clear what role DHS will play in foreign policy. K. Congress 1. At times, Congress defers to the President on foreign policy and at times it challenges the President. 2. A Supportive Congress a. engaged in foreign policy issues but is not asserting power b. Relations between Congress and the President are positive and there is little or no difference between Democrats and Republicans. c. This broad consensus existed when the US attempted to contain the spread of Communism. 3. A Strategic Congress a. Congress is assertive on selective issues. b. While most of Congress had supported President Johnsons escalation of the Vietnam War, some members of Congress were critical.
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4. A Competitive Congress a. Congress is active and assertive in challenging the President on foreign policy issues. b. Presidents Nixon and Carter had difficulty in making foreign policy because of an assertive Congress. 5. War Powers Resolution a. 1973 law that requires Congress to be notified of troop deployment into combat situations overseas. b. Congress must approve of the troop deployment; otherwise, troops must withdraw within 60 days. c. Congress has never authorized a troop withdrawal under the War Powers Resolution; however, presidents have taken into account the views of Congress when deploying troops. 6. A Strategic Congress Reemerges a. From mid 1980s to 2001, Congress was not engaged overall except for smaller highly visible issues. b. Examples include the annual vote on trade status with China and the North American Free Trade Agreement. 7. A Disengaged Congress a. When President Bush had high approval ratings after the 9/11 attacks, Congress ceded much power to the President. b. As Bushs popularity declined and Democrats won a majority in Congress, Congress became more strategic. 8. Legislation, Funding, and Oversight a. Congress often amends legislation to limit the power of the President. b. Congress may make foreign aid contingent on human rights improvements or anti terrorism efforts. c. Congressional Oversight is usually limited. i. Oversight takes time, and there is usually little political payoff. ii. Domestic legislation, not foreign policy oversight, helps members of Congress with the re-election goal. iii. Most oversight happens after the fact. L. The Supreme Court 1. While the Supreme Court has usually deferred foreign policy to the other branches of government, they have made three types of rulings. a. Treaties take precedence over state laws. b. The Supreme Court has usually sided with the President in conflicts with Congress. c. The Supreme Court has usually been reluctant to grant broad powers that may restrict civil liberties. 2. Recent cases have shown that the Supreme Court is sometimes willing to curtail the powers of the President.
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V. Foreign Policy and National Security Issues A. Military Security Issues 1. Terrorism a. US has made some progress in weakening Al Qaeda. b. Terror threats come from many jihadists groups and not one centralized organization. 2. Weapons of Mass Destruction a. American foreign policy used to try to limit the spread of nuclear, chemical, or biological weapons regardless of the recipient. b. During the Bush Presidency, countries friendly to the United States (Israel and India) were not discouraged from acquiring nuclear weapons. The Bush administration was more concerned with unfriendly countries (Iran and North Korea) acquiring weapons of mass destruction. 3. Preemption and Deterrence a. Preemptionstriking first in self defense. i. US involvement in Iraq was a preemptive strike. ii. Preemption is not a strategy that can be used very often. iii. The costs of being wrong when preemptively striking are high. b. Deterrencethreatening a state based enemy with overwhelming retaliation. B. Economic and Foreign Trade Issues 1. Global Economic Powers a. As China grows economically, they may become more powerful militarily and politically on the world stage. b. Chinas industrial growth and automobile use is adding to existing environmental concerns. 2. Foreign Aid a. Foreign aid has usually been less than one percent of the US budget. b. The American public is often frustrated with economic aid because there seems to be no significant economic improvements in many countries as there was when the US aided Europe after World War II with the Marshall Plan. C. Human Welfare Issues 1. Genocide a. The United Nations definition of genocide is the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. b. Neither the United States, nor the United Nations, has enunciated a clear cut policy on genocide. i. Genocides can happen so quickly that it is difficult to intervene.
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ii. If the US or UN always intervenes in a genocidal conflict, a group or nation may start a genocidal attack with the hope of getting the US or the UN involved in a larger conflict. 2. Land MinesThe US was initially involved in trying to eliminate land mines, but has not signed the Ottawa Treaty. 3. Human Trafficking a. Women and children are illegally transported across borders for sexual or economic exploitation. b. The US has passed a law to cut off non-humanitarian aid to countries not making an effort to curtail human trafficking. However, only 25 countries are deemed to be actively fighting human trafficking. TERMS neo-conservatives neo-liberals conservative maintainer isolationist maintainer North Atlantic Treaty Organization weapons of mass destruction Hamiltonians Wilsonians Jeffersonians Jacksonians Kyoto protocol globalization NAFTA CAFTA Vietnam Syndrome rally round the flag effect Strategic Arms Limitations Talks apartheid Trans Africa World Trade Organization National Security Council National Security Adviser State Department Department of Defense Powell Doctrine McNamara Doctrine Central Intelligence Agency covert action intelligence Department of Homeland Security 254
containment detente jihadists preemption deterrence Marshall Plan Millennium Challenge Account genocide land mines human trafficking USING YOUR UNDERSTANDING 1. Compare and contrast the foreign policy philosophy of the current president and at least two previous presidents. Make sure to choose at least one Democratic president and one Republican president. How would you label the foreign policies of those administrations: neo-conservative, neo-liberal, conservative maintainer or isolationist maintainer? Give specific actions as examples to support your argument. 2. Who appears to be the most important foreign policy maker in President Obamas administration? Is it the President himself? Secretary of State or Secretary of Defense? National Security Council? The Vice President? Congress? On the other hand, does each one of these foreign policy actors seem to have a different role in the Obama administration? FURTHER RESOURCES Ambrose, Stephen E., and Douglas Brinkley. Rise to Globalism: American Foreign Policy since 1938. New York: Penguin, 1998. Bacevich, Andrew. Limits of Power: The End of American Exceptionalism. New York: Metropolitan Books, 2008. Fisher, Louis. Constitutional Conflicts Between Congress and the President. Lawrence, KS: University Press of Kansas, 2007. Fukuyama, Francis. America at the Crossroads: Democracy, Power, and the Neoconservative Legacy. New Haven, CT: Yale University Press, 2007. Hamilton, Lee, and Jordan Tama. A Creative Tension: The Foreign Policy Roles of the President and Congress. Princeton: Woodrow Wilson Center Press, 2002. Hook, Steven W., and John Spanier. American Foreign Policy since World War II. New York: C Q Press, 2006. 255
Pevehouse, Jon C., and William Howell. While Dangers Gather: Congressional Checks on Presidential War Powers. Princeton, NJ: Princeton University Press, 2007. Welch, David A. Painful ChoicesA Theory of Foreign Policy Change. Princeton, NJ: Princeton University Press, 2005. Council on Foreign Relations. <http://www.cfr.org/>. Foreign Policy. Brookings Institution. <http://www.brookings.edu/foreign-policy.aspx>. US State Department. <http://www.state.gov/>. The World Factbook. U.S. Central Intelligence Agency. <https://www.cia.gov/library/publications/the-world-factbook/>. Zakaria, Fareed. The Post-American World. Boston: W. W. Norton, 2008.
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PRACTICE TESTS Multiple Choice Questions 1. According to the _____, the United States should try to alter the international system in ways that not only protect American goals and values but allow them to prosper and become universally accepted. A) reformers B) maintainers C) progressives D) transformers E) neoconservatives Blooms level: Knowledge Page reference: 614 2. Which of the following is an example of a neoconservative policy advocate? A) Ronald Reagan B) George W. Bush C) George H.W. Bush D) Bill Clinton E) Vladimir Putin Blooms level: Analysis Page reference: 614 3. _____ advocated using force as part of humanitarian peacekeeping operations in chaotic areas of the world such as Bosnia, Haiti, and Somalia in the 1990s. A) Progressives B) Conservatives C) Neoconservatives D) Isolationists E) Neoliberals Blooms level: Comprehension Page reference: 615 4. What three states were specifically included by President Bush in his 2002 axis of evil? A) Iran, Iraq, and Venezuela B) Venezuela, Columbia, and Russia C) Russia, China, and Pakistan D) North Korea, Iran, and Russia E) North Korea, Iran, and Iraq Blooms level: Knowledge Page reference: 616
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5. Jacksonians argue that the central purpose of American foreign policy should be A) the spread of democracy. B) increasing the military strength of the United States. C) securing our own sphere of influence in Latin America. D) promoting American economic strength at home and abroad. E) establishing strong alliances with like-minded states. Blooms level: Synthesis Page reference: 618 6. In advancing new policy proposals at the global level, the United States has generally A) adapted to prevailing international consensus. B) sought to persuade other countries to adopt American standards. C) emphasized the promotion of local initiatives over global initiatives. D) supported democratic governments, even when those governments adopted anti-American policies. E) refused to participate in international agreements. Blooms level: Comprehension Page reference: 620 7. In the late 1980s, Japanese electronics giant _____ sold sensitive technology to the Soviet Union, angering the American government. A) Sony B) LG C) Panasonic D) Toshiba E) Mitsubishi Blooms level: Knowledge Page reference: 621 8. With respect to tariffs and trade barriers, A) historically, both Democrats and Republicans favored free trade. B) historically, both Democrats and Republicans opposed free trade. C) Democrats have always opposed free trade while Republicans have always supported free trade. D) Republicans have always opposed free trade, while Democrats have always supported free trade. E) the historical positions of the parties have changed over time. Blooms level: Analysis Page reference: 622
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9. In 2005, the House of Representatives narrowly passed the A) Kyoto Protocol. B) North American Free Trade Agreement. C) Central American Free Trade Agreement. D) North Atlantic Treaty Organization. E) USA PATRIOT Act. Blooms level: Knowledge Page reference: 622 10. The belief that the public will not support the use of military force if it results in significant American causalities and ends in a stalemate is commonly referred to as the A) Korea Syndrome. B) Vietnam Syndrome. C) pacifist impulse. D) rally round the flag effect. E) long slog malaise. Blooms level: Comprehension Page reference: 624 11. _____ is a lobbying organization that focuses on foreign policy issues of particular interest to African Americans. A) The National Endowment for Democracy B) The Nation of Islam C) TransAfrica D) TransAmerica E) NAACP Blooms level: Knowledge Page reference: 626 12. President Jimmy Carter established the _____ to advise on U.S. policy regarding the Soviet invasion of Afghanistan and the Iranian hostage crisis. A) Tuesday Lunch Group B) War Cabinet C) Terrorism Department D) Friday Breakfast Group E) Homeland Security Department Blooms level: Knowledge Page reference: 629
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13. _____ was selected by Bill Clinton to be the first female secretary of state. A) Geraldine Ferraro B) Condoleezza Rice C) Madeleine Albright D) Sandra Day OConnor E) Ruth Bader Ginsburg Blooms level: Knowledge Page reference: 629630 14. In the United States, intelligence is collected by A) the Central Intelligence Agency. B) the military. C) the State Department. D) the National Security Agency. E) all of the above. Blooms level: Comprehension Page reference: 632633 15. The federal agency created in 2002 in response to the 9/11 terrorist attacks is the A) National Security Council. B) Department of Defense. C) Central Intelligence Agency. D) Department of Homeland Security. E) National Security Agency. Blooms level: Knowledge Page reference: 633 16. During most of the Cold War, both Republicans and Democrats advocated a strategy of _____ with respect to the Soviet Union. A) engagement B) peaceful coexistence C) aggressive deterrence D) dtente E) containment Blooms level: Comprehension Page reference: 634
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17. In 1996, the Central Intelligence Agency established a special office to deal specifically with A) Somalia. B) Liberia. C) genocide. D) Osama bin Laden. E) political instability. Blooms level: Knowledge Page reference: 638 18. As a foreign policy, preemption is problematic because it A) does not recognize that deterrence or containment may be effective against some enemies. B) cannot be carried out very often. C) carries high humanitarian and economic costs. D) raises fundamental moral questions. E) does all of the above. Blooms level: Analysis Page reference: 639 19. U.S. foreign aid usually makes up _____ of the federal budget. A) less than 1 percent B) about 3 percent C) about 6 percent D) about 9 percent E) about 12 percent Blooms level: Knowledge Page reference: 640 20. Which of the following countries spends the most (in terms of total spending) on foreign aid? A) Japan B) Canada C) Norway D) France E) The United States Blooms level: Knowledge Page reference: 640
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True-False Questions 1. Public opinion has little influence over foreign policy decision making. Blooms level: Analysis Page reference: 624 2. The Great War Syndrome is the belief that the American public is no longer willing to support a prolonged military presence abroad that causes appreciable losses of American soldiers lives if it looks like it might become an unwinnable quagmire. Blooms level: Comprehension Page reference: 624 3. In 2003, 68 percent of Americans still believedincorrectlythat Iraq had played a major role in the 9/11 terrorist attacks. Blooms level: Knowledge Page reference: 625 4. During the Cold War, the threat of being soft on communism strengthened the level of support for a more aggressive U.S. foreign policy, particularly around election time. Blooms level: Comprehension Page reference: 625 5. Since World War II, no American war has been formally declared by Congress. Blooms level: Knowledge Page reference: 628 6. The Powell Doctrine calls for decisive use of the American military only when there is clear public support for the use of force and an exit strategy in place. Blooms level: Comprehension Page reference: 631 7. During the early Cold War, the United States pursued a bipartisan foreign policy, meaning that politics stopped at the waters edge. Blooms level: Comprehension Page reference: 633634 8. In the aftermath of the 9/11 terrorist attacks, the Congress reasserted its role in foreign policy decision making. Blooms level: Analysis Page reference: 635 262
9. Jihadists are participants in a crusade or holy war, especially in defense of Islam. Blooms level: Comprehension Page reference: 638 10. Up to 20,000 people are transported into the United States each year for the sex trade or other forms of economic exploitation, and as many as 750,000 people may have been illegally smuggled into the United States during the 1990s. Blooms level: Knowledge Page reference: 641 Short Answer Questions 1. What are the primary differences between neoconservatives and neoliberals? Blooms level: Evaluation Page reference: 614615 2. Compare and contrast the transformer and maintainer foreign policy perspectives. Blooms level: Analysis Page reference: 614615 3. List and explain three ways in which domestic politics influences foreign policy. Blooms level: Synthesis Page reference: 620623 4. What is the Vietnam Syndrome? Is it still important in U.S. foreign policy? Blooms level: Comprehension/Analysis Page reference: 624 5. Identify three reasons why preemption is controversial. Blooms level: Comprehension Page reference: 638639 Essay Questions 1. Discuss the four conflicting foreign policy perspective evaluations of the Iraq War. Which evaluation falls most in line with the current sentiments of the American public in your opinion? Blooms level: Evaluation Page reference: 616617
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2. How do your own values and ideological commitments shape your view of the Iraq War? Blooms level: Evaluation Page reference: 616617 3. How should the United States respond to human rights violations around the world? To the extent that its does respond, should the United States focus on legal rights, civil liberties, economic rights, or social rights? Blooms level: Evaluation Page reference: 620623 4. How do each of the five pathways of action contribute to the development of foreign policy? Blooms level: Analysis Page reference: 624627 5. Evaluate the role of the U.S. Supreme Court in disputes between the president and Congress in the area of foreign policy. Do you agree with the tenor of the Courts decisions? Explain. Blooms level: Synthesis/Evaluation Page reference: 636
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CHAPTER 19
THE SOCIAL AND ECONOMIC MILIEU OF TEXAS POLITICS

I. Decades of Change and Challenge A. Key Challenges Facing Texas 1. recession and stock market losses 2. illegal immigration 3. global competition 4. urbanization 5. ignorance of distrust of government B. Challenges of the 21st Century 1. federal mandates and reduction of federal funds 2. Rapid growth has aggravated environmental problems 3. indifference or ignorance of the public 4. changing demographics 5. economic diversification C. Texas Myths 1. The stories of the battles at the Alamo and San Jacinto provide myths about independence and the unique political order of Texas. 2. The mottoThe Lone Star Stateprovides a reminder about the history and values of Texas. 3. The Texas Ranger and the cowboy provide images of rugged individualism. 4. Myths and images of independence and individualism remind Texans not to depend on government too much in searching for solutions to problems. 5. The Texas myths resonate more with Anglo populations than Hispanics or African Americans. II. The Political Culture of Texas A. State Political Cultures 1. Political cultures have been defined as the set of attitudes, beliefs, and sentiments which give order and meaning to a political process and which provides the underlying assumptions and rules that govern behavior in the political system. 2. Political cultures are rooted in the history of a nation or in a region or in a state. B. Individualistic Subculture 1. The belief that politics and government should function like a marketplace. 2. Government should be limited and the main responsibility of government is to assure stability so that individuals can thrive. 3. Corruption is more likely to be accepted compared to other political subcultures.
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C. Moralistic Subculture 1. Politics should be a means to create a common good. 2. Government is usually viewed positively and should be used to promote the general welfare. 3. Individuals are encouraged to participate. 4. Political corruption is not tolerated. D. Traditionalistic Subculture 1. The view that there is a hierarchical structure in politics. 2. It is accepted that most power should be in the hands of the elites, and that the general public should be minimally involved. 3. Public policy is to serve the interests of the elites. E. Historical Origins of Political Subculture 1. The moralistic subculture is predominant in New England and the upper Midwest. 2. The individualistic subculture is predominant in the middle-Atlantic states. 3. The traditionalist subculture is predominant in the Southern states. 4. Migration patterns help to explain the combinations of political cultures in other states. 5. The individualistic and the traditionalistic subcultures are predominant in Texas. III. The People of Texas A. Native Americans 1. There are only three small Native-American groups in TexasAlabamaCoushatta, Tigua, and Kickapoo 2. In the mid to late 1800s, European populations displaced NativeAmericans who were either eliminated or moved to other states. 3. Native American tribes have been allowed to operate casinos on tribal reservations. B. Hispanics 1. The Hispanic populations have risen rapidly as a result of immigration from Mexico and Latin America and because of high birth rates. 2. Many Hispanics had moved to areas of Texas that were influenced by the traditionalistic subculture. Therefore, for many decades, Hispanics had low levels of education and lived in poverty. 3. The increased population has also led to some increases in political power. C. African Americans 1. During the period of the republic and early statehood, many settlers brought slaves to Texas to work on cotton plantations. 2. Most African-Americans in Texas live in the urban areas of Dallas, Forth Worth, Houston, and Austin. 3. African Americans from urban areas have been elected to state and local government positions.
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D. Anglos 1. Two early patterns of early migration of Anglos to Texas. a. In the early 19th century, Anglos from the upper South emigrated to north and west Texas. Those emigrants brought an individualistic subculture with them. b. After Texas independence, Anglos from Southern states emigrated to South and East Texas. Those emigrants brought a traditionalistic subculture with them. 2. In 2000, the percentage of Anglos in Texas was 53 percent. That is expected to decline in the future. E. Most Asian Americans in Texas live in the Houston area where they have won some local and state legislative offices. F. Politics, Race, and Ethnicity 1. Race and ethnicity are implicit in many policy debates. a. School district equalization is not just rich versus poor but also non-minority versus minority. b. Redrawing legislative district lines has consequences for minority representation. c. Although there are poor Anglos that live in Texas, the high poverty rate among minority groups dominates discussion. 2. Many state and local elections show polarized voting along racial and ethnic lines. IV. The Political Implications of Demographics A. Population Increase 1. The increase in migration to Texas partly explains the progression from a one party system to a two party system. 2. Population increases means more competition for limited resources. B. The aging population will require more spending on health care and long-term care. C. Urbanization and Population Density 1. When urban and suburban sprawl spreads across several counties, coordination among political jurisdictions become complicated. 2. Urban areas tend to be diverse racially and ethnically. The diversity of interests frequently leads to more conflict. 3. In the state legislature, many conflicts represent the different interests of rural, suburban, and central city areas. D. Wealth and Income Distribution 1. Compared to other states, median income in Texas is lower than average and the poverty rate in Texas is higher than average. 2. On the other hand, many millionaires and billionaires live in Texas. E. Education and Literacy 1. There are significant disparities in high school and college graduation rates between Anglos, Hispanics, and African Americans. 2. People with high levels of education tend to participate in politics more than people with low levels of education. 267
V. The Economy of Texas A. Historically, the economy of Texas has been dependent on the oil industry, which was very volatile. B. Economic diversification has made Texas less reliant on the oil industry. C. The state of government has been aggressive in trying to attract high tech industries. VI. Economic Regions and Transnational Issues A. Economic Regions 1. Texas can be divided in 13 economic regions. 2. Some regions may be in recession while other regions may be prosperous. B. Transnational Regionalism 1. Because Texas and Mexico share common border, the region shares many of the same problems. 2. Despite some tensions between the US and Mexico, the area sharing the border are economically dependent on each other. C. Maquiladoras 1. The maquiladora program started as an economic relationship between Mexico and the United States. The same company does some manufacturing in the United States and some in Mexico. 2. The maquiladora program has provided economic growth in the Northern Mexico region. 3. Organized labor is opposed to the program because they believe they take away jobs from the United States 4. Businesses argue they need low cost labor to compete internationally. D. North American Free Trade Agreement (NAFTA) 1. NAFTA was an agreement between Canada, the United States, and Mexico to reduce tariffs and increase trade between the three countries. 2. NAFTA has benefited the Dallas and Houston areas more than other parts of Texas. 3. There have been concerns expressed from both the US and Mexico critics regarding NAFTA. E. Trade Patterns Between Texas and Mexico 1. The economic growth in the region has led to increased congestion on the highways Texas and Mexico share. 2. Increased security procedures after 9/11 make crossing the border more difficult and may negatively affect economic interests in the area. F. Common Borders, Common Problems 1. The devaluation of the peso in the early 1980s led to a decline in economic activity around the Texas border economy. 2. Health and environmental issues on one side of the border can negatively affect the other side of the border.
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G. Illegal Immigration 1. A weak Mexican economy, political instability, and persecution in Central America encourages many Mexicans and Central Americans to illegally cross the border to seek work. 2. Congress has passed some legislation to discourage and punish illegal immigration, but significant illegal immigration still exists. 3. The immigration issue is much more complex than what is typically portrayed in the media. a. Illegal immigrants use some public services, but they also pay sales taxes and buy goods in the United States. b. Illegal immigrants have been paying social security taxes but have no hope of gaining benefits. c. Some businesses argue that immigrants will do jobs most Americans wont. However, many Americans may take those jobs if the pay was better. d. Many Texas citizens and businesses benefit from illegal immigrants. TERMS deregulation urban demographics myth of origin individualism political culture individualistic subculture moralistic subculture traditionalistic subculture urbanization population density gross state product economic diversification high tech transnational regionalism maquiladora program North American Free Trade Agreement (NAFTA) colonias USING YOUR UNDERSTANDING Compare and contrast the politics and culture of Texas with other states with which you are familiar. Ask friends and professors where they are from and how those states compare with Texas? What is the political subculture of those states? Are there laws or policies that are unique to those states? 269
FURTHER RESOURCES Campbell, Randolph B. Gone to Texas: A History of the Lone Star State. New York: Oxford University Press, 2004. Fehrenbach, T. R. Lone Star: A History of Texas and Texans. Da Capo Press, 2000. McEnteer, James. Deep in the Heart: The Texas Tendency in American Politics. New York: Praeger, 2004. Montejano, David. Anglos and Mexicans in the Making of Texas, 18361986. Austin: University of Texas Press, 1987. Roche, Jeff, ed. Political Culture of the New West. Lawrence: University Press of Kansas, 2008. Rosales, Rodolfo. The Illusion of Inclusion: The Political Story of San Antonio, Texas. Austin: University of Texas Press, 2000. Utley, Robert M. Lone Star Lawmen: The Second Century of the Texas Rangers. Berkeley Trade, 2008. Texas Quickfacts. <http://quickfacts.census.gov/qfd/states/48000.html>. Texas State Data Center and Office of the State Demographer. <http://txsdc.utsa.edu/>.
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PRACTICE TESTS Multiple Choice Questions 1. The Texas Ranger is part of the Texas myth symbolizing the idea of A) the Alamo. B) corporatism. C) individualism D) community.. E) interdependence. Blooms level: Comprehension Page reference: 654 2. According to the individualistic subculture, governments serve a strictly ________ purpose. A) decorative B) practical C) ceremonial. D) obsolete E) spiritual Blooms level: Comprehension Page reference: 656 3. According to the moralistic subculture, taking part in politics is a A) right of the few. B) burden. C) duty. D) privilege. E) prerogative of the few. Blooms level: Knowledge Page reference: 656 4. According to Figure 19.1, Hispanics today make up approximately the same percentage of the population of Texas as A) African Americans in 1860. B) African Americans in the 1950s. C) African Americans today. D) Anglos today. E) Anglos in 1860. Blooms level: Analysis Page reference: 659
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5. North and west Texas is very influenced by the individualistic subculture due to immigration there from A) California. B) the Northwest. C) the Midwest. D) New England. E) The Upper South. Blooms level: Knowledge Page reference: 660 6. African Americans first entered Texas in significant numbers as A) farmers. B) slaves. C) carpetbaggers. D) migrant workers. E) cowboys. Blooms level: Knowledge Page reference: 660 7. The high percentage of noncitizens in Texas is significant because of all of the following issues EXCEPT A) reapportionment. B) voting. C) social services. D) language. E) poverty. Blooms level: Comprehension Page reference: 662 8. Table 19.1 illustrates A) Texas large cities. B) the continued importance of farming to Texas. C) the dramatic shift from rural to urban in Texas. D) the growth of the service industry in Texas. E) the explansion of suburbs. Blooms level: Analysis Page reference: 663
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9. In 1999, the per-capita income for Anglo Texans was nearly _____ that of African Americans. A) three times B) twice C) two thirds D) three quarters E) one quarter Blooms level: Analysis Page reference: 664665 10. Half of the 2.4 million jobs created in Texas in the 1990s were in A) services and trade. B) agriculture. C) the high-tech industry. D) oil and gas. E) medical professions. Blooms level: Knowledge Page reference: 667 11. The TexasMetroplex region contains how many counties? A) 7 B) 11 C) 15 D) 19 E) 23 Blooms level: Knowledge Page reference: 668 12. The development of economic and social interdependence across national borders is A) economic regionalism. B) transnational regionalism. C) international cooperation. D) economic cooperation. E) regional globalism. Blooms level: Knowledge Page reference: 668
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13. The High Plains regions of Texas depends on A) high-tech industries. B) financial services. C) tourism. D) exporting. E) agriculture. Blooms level: Page reference: 668 14. The South Texas Border region owes much of its unique character to its location A) in the dry South. B) near Mexican industry. C) on the U.S.-Mexico border. D) near Oklahoma. E) near the Metroplex region. Blooms level: Comprehension Page reference: 668669 15. The maquiladora program is an example of A) transnational regionalism. B) international trade. C) NAFTA. D) globalization. E) U.S. ingenuity. Blooms level: Application Page reference: 668669 16. Figure19.3 indicates that Texas has benefitted_______ since implementation of NAFTA in 1991. A) marginally B) somewhat C) little D) not at all E) enormously Blooms level: Analysis Page reference: 671
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17. Exports from Texas to Mexico changed in what way from 1993 to 2005? A) decreased by $30 billion B) increased by $30 billion C) decreased by $80 billion D) increased by $80 billion E) no change Blooms level: Analysis Page reference: 671 18. Although U.S. exports to Mexico increased by 4 times, Texas share in exports A) rose by 6 times. B) rose by 3 times. C) only doubled. D) fell. E) halved. Blooms level: Analysis Page reference: 671 19. Colonias along the Texas-Mexico border are examples of A) economic interdependence. B) the problems of the Mexican government. C) the inefficiences of the Texas government. D) population growth. E) transnational regionalism. Blooms level: Application Page reference: 672 20. The issue of illegal immigration is complicated in Texas by A) the desire for the cheap labor of immigrants north of the border. B) the poor work these immigrants do. C) the fact that these workers take highly desirable jobs. D) language issues. E) the immigrants force up wages. Blooms level: Comprehension Page reference: 673
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True-False Questions 1. Poliltical myths are powerful by virtue of the truths they reflect. Blooms level: Evaluation Page reference: 654 2. The authors argue that understanding the dominant political subcultures of Texas is critical to understanding what Texans expect of their government. Blooms level: Knowledge Page reference: 657 3. Native Americans in Texas are now only a small fraction of their former numbers. Blooms level: Analysis Page reference: 658 4. The African American population is currently about one third of the 1860 figure. Blooms level: Analysis Page reference: 659 5. In 2007 Hispanics held more elected positions in Texas than in any other state. Blooms level: Knowledge Page reference: 659 6. In 2000, about ten percent of Texans lived in Houston. Blooms level: Analysis Page reference: 663 7. Economic diversification in the last decades has allowed Texas more economic stability. Blooms level: Knowledge Page reference: 666 8. A shift to the high-tech industry has meant a weaker economy for Texas. Blooms level: Evaluation Page reference: 667 9. The Free Trade Commission, responsible for implementing NAFTA, is centered in Mexico City. Blooms level: Knowledge Page reference: 670
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10. Complaints over expenditures incurred by the state due to illegal immigration in Texas have been accompanied by a refusal to employ illegal aliens. Blooms level: Knowledge Page reference: 673 Short Answer Questions 1. What are the advantages and disadvantages of using the idea of political subcultures to understand Texas politics? Blooms level: Evaluation Page reference: 656657 2. How does the concept of political subcultures help us understand politics in Texas? Blooms level: Analysis Page reference: 656657 3. How has the traditionalistic subculture influenced developments in party politics in Texas? Blooms level: Analysis Page reference: 657 4. Why had the Hispanic population of Texas decreased to 4 percent by 1887? Blooms level: Analysis Page reference: 659660 5. Looking at the wealth of information in the rankings of Texas compared to other states, what statistics do you consider most significant in understanding the states politics? Blooms level: Evaluation Page reference: 664 Essay Questions 1. Explain the interplay between the three different political subcultures, how they support each other, and areas of potential conflict. Blooms level: Synthesis Page reference: 656657 2. What are the salient points in the history of Hispanics in Texas? Blooms level: Evaluation Page reference: 658659
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3. Considering the various changes in Texas demographics, place them in what you consider the order of importance, and justify your decision. Blooms level: Evaluation Page reference: 662665 4. Considering demographic shifts in Texas, what factors do you think politicians should give the most attention? Blooms level: Evaluation Page reference: 662665 5. Would you characterize the problem of illegal immigration as particularly a problem for Texas? Explain why or why not. Blooms level: Evaluation Page reference: 671673
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CHAPTER 20
THE TEXAS CONSTITUTION

I. The Constitutional Legacy A. The Texas Constitution in Comparative Perspective 1. In theory, a constitution provides the basic framework of government and the rest is developed in statutory law. 2. The Texas constitution is long and very detailed. The detailed and restrictive language reflected the distrust in government that Texans had at the time it was written in 1875 and approved in 1876. 3. The US constitution has been amended 27 times. The Texas constitution has been amended 400 times. 4. The Texas constitution is much longer than the US constitution. B. The Constitution of Coahuila y Tejas (1827) 1. Texas was originally part of Mexico. 2. Anglos that started immigrating to Texas were willing to be part of Mexico as long as the Mexican government did not intrude often. 3. Mexico had created a federal system and made Coahuila and Texas one state. The constitution for this state was written in 1827. 4. There were tensions between the Anglos and Mexicans that eventually led to Texas independence. C. The Constitution of the Republic of Texas (1836) 1. In 1835, the new Mexican constitution instituted a unitary form of government eliminating federalism. 2. After Mexican troops crossed the Rio Grande river, Stephen Austin and 59 other colonists declared Texas an independent state. 3. The writers of the Republic of Texas constitution quickly wrote a constitution that was similar to the US constitution. 4. The Texas troops lost the battle of the Alamo but won the battle at San Jacinto. 5. The historical significance of the independence period of 1836 to 1845 has been preserved in history textbooks, event celebrations, and mythology. D. The Constitution of 1845 1. During the independence period, many Texans advocated that the United States should annex Texas. 2. The United States annexed Texas in 1845 and allowed slavery to continue in Texas. 3. In creating and amending the state constitution after 1845, Texas followed the national pattern of creating a plural executive branch. E. The Civil War Constitution (1861) 1. Along with other Southern states, Texas seceded from the Union in 1861. 2. The state Constitution changed to incorporate support for the confederacy and for slavery. 3. Even though the South lost the Civil War, the idea of states rights dominated politics in the South and in Texas for over a century. 279
F. The Constitution of 1866 1. After the Civil War, Texans revised the 1845 Constitution to include requirements by the national government. a. abolishment of slavery b. repudiation of the secession ordinance of 1861 c. repudiation of debts and obligations under the Confederacy. 2. Presidents Lincoln and Johnson wanted to reintegrate the South quickly, but the Radical Reconstructionists who gained seats in Congress in 1866 rejected the new Texas Constitution. 3. Texans would be under military rule for two more years. 4. The events during Reconstruction increased Texans hostility toward government. G. The Reconstruction Constitution (1869) 1. The Radical Reconstructionists required Texas to incorporate many things in the state constitution such as giving African Americans the right to vote. 2. The majority of Texans opposed the new Constitution but accepted it. 3. After the controversial election of 1869, the Texas legislature gave Governor Edmund Davis (a former Union general) significant powers. 4. Many Texans did not approve of the powers of the Governor. H. The Constitution of 1876: Retrenchment and Reform 1. Most of the delegates at the constitutional convention of 1875 were white males who resented the Reconstruction period. 2. An economic crisis forced the delegates to work quickly instead of methodically debating issues. 3. The new constitution decentralized power, and placed strict limits on the powers of state officials and the ability to tax. II. General Principles and Structural Impact of the Texas Constitution A. General Principles 1. popular sovereignty 2. social contract theory 3. Limited government 4. separation of powers 5. Table 20.2 illustrates the similarities and differences between the United States constitution and the Texas constitution. B. Executive Branch 1. The governor has limited constitutional powers. 2. Executive branch power is fragmented among many statewide elected officials. 3. Voters face a long ballot for state and county offices. C. Legislative Branch 1. The Texas legislature is a bicameral legislature. 2. Regular sessions of the legislature meets every other year for a maximum of 140 days.
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3. The job of legislator is a part-time position. 4. The intent of a part-time legislature was to create a citizen legislature responsive to constituents. The result, however, is that interest groups have more power in state government. Judicial Branch 1. The Texas constitution creates numerous local judicial offices and appellate courts. 2. Local judges have significant amounts of power. Education 1. Local authorities have primary responsibility for education. 2. Many Texans like the idea of local control of schools. However, there are wide disparities in spending for education across school districts. Budgeting and Finances 1. The Texas constitution requires a balanced budget. 2. The legislatures control over the budget is limited. The constitution requires significant amounts of state revenue to specific purposes such as highways or education. Individual Rights 1. For most of the 20th century, the Texas constitution and Texas legislation limited voting. US constitutional amendments and the federal courts struck down these limitations. 2. The initial restrictions on voting partially explains the predominance of one party politics in Texas. Consequences of Detail 1. The Texas constitution is much more detailed than the US Constitution. 2. Excessive details limit the ability of elected officials to adapt to changing conditions. 3. The Texas constitution is one of the most amended constitutions among the 50 states.
III. Constitutional Change and Adaptation A. Amendment 1. The legislature proposes constitutional amendments with a two-thirds vote in the house and the senate. 2. Amendments are placed on the ballot and are adopted by a majority of voters. 3. The voters are asked to vote on an amendment almost every year. 4. Unlike many other states, Texas voters cannot propose a constitutional amendment through the initiative or referendum process. The state constitution does not allow for initiatives or referendums on a statewide level. B. Constitutional Convention 1. Another way to amend the Texas constitution is for the legislature to call for constitutional convention with the approval of the voters. 2. Convention delegates would be elected.
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C. Constitutional Reform Efforts of 19711975 1. The only convention called under the 1876 charter was in 1974. 2. Members of the Texas House and Senate served as the convention delegates. 3. Interest groups made their demands known to the delegates. 4. The convention could not get the two-thirds vote needed to put the Constitution on the ballot. 5. Leadership was also lacking at the convention. D. Further Piecemeal Reforms 1. Between 1975 and 2008, 236 amendments have been approved by Texas voters and 39 have been rejected. 2. Some of the amendments include a. a provision to allow a lottery. b. a ban on the personal income tax unless it is approved by voters. c. tax backed bonds for prison expansion. d. authority for the governor and legislature to deal with budgetary emergencies between legislative sessions. e. elimination of the treasurers office as an elected position. f. an increase in the homeowners exemption on property taxes. g. new limits on some monetary damages in medical malpractice lawsuits. h. an amendment that defines marriage is between a man and a woman. E. Constitutional Provisions, Interest Groups, and Elites 1. Except when there is a gubernatorial election, voter turnout for constitutional amendments is low. 2. Interest groups and elites can influence the legislature to propose constitutional amendments or to prevent proposed constitutional amendments to appear on the ballot. F. Change Through Court Interpretation 1. The Texas courts may become a more active participant in interpreting the states constitution. 2. For example, the Edgewood school finance case forced the legislature to deal with the issue of unequal school districts. TERMS constitution statutory law federalism Republic of Texas biennial secession confederacy Radical Reconstructionists Grange limited government 282
separation of powers plural executive branch decentralization constitutional amendments initiative referendum constitutional convention right to work law USING YOUR UNDERSTANDING Read the constitution of one other state, preferably a non-Southern state. Describe at least one similarity and one difference in terms of legislative branch, executive branch, and judicial branch between the Texas constitution and the state constitution you chose. For example, compare how officials are elected, or terms of office or powers of specific offices. Does the other state have a plural executive branch like Texas? How is the judiciary selected? Are there term limits for members of the legislature? How does the statement of rights in this other state compare to that of Texas? In addition to the comparison and contrast, describe two items that you found interesting and explain why. FURTHER RESOURCES Campbell, Randolph B. Gone to Texas: A History of the Lone Star State. New York: Oxford University Press, 2004. Collier, Ken, Steven Galatas, and Julie Harrelson-Stephens. Lone Star Politics: Tradition and Transformation in Texas. Washington DC: C Q Press, 2008. Dinan, John J. The American State Constitutional Tradition. Lawrence: University Press of Kansas, 2006. Irion, Robert. The Constitution and Laws of the Republic of Texas. Copano Bay Press, 2007. Moneyhon, Carl H. Texas after the Civil War: The Struggle of Reconstruction. College Station: Texas A&M University Press, 2004. Tarr, G. Alan, Frank P. Grad, and Robert F. Williams, eds. State Constitutions for the TwentyFirst Century, Volumes 1, 2 and 3. Albany: State University of New York Press, 2007. Tarr, G. Alan. Understanding State Constitutions. Princeton: Princeton University Press, 2000. Texas Constitution and Statutes. <http://www.constitution.legis.state.tx.us/>. U.S. State Constitutions and Web Sites. <http://www.constitution.org/cons/usstcons.htm>.
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PRACTICE TESTS Multiple Choice Questions 1. A constitution is a document that creates the __________ for a government. A) day to day details B) legal framework C) how-tos D) principles E) bill of rights Blooms level: Knowledge Page reference: 683 2. When Mexico declared its independence from Spain, Texas was politically part of A) the United States. B) Mexico. C) France. D) New Mexico. E) no country, it was an independent republic. Blooms level: Knowledge Page reference: 683 3. The first state religion of Texas was A) Calvinism. B) Lutheranism. C) Catholicism. D) Protestantism. E) none, there was no state religion. Blooms level: Knowledge Page reference: 683 4. According to Table 20.2, the Texas constitution differs from the U.S. Constitution in A) principles. B) structure. C) its legislature. D) length. E) lacking a bill of rights. Blooms level: Analysis Page reference: 684
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5. The Texas constitution with the shortest life was that of A) 1827 B) 1845 C) 1861 D) 1874 E) 1869 Blooms level: Analysis Page reference: 682 6. The Constitution of the Republic of Texas was a simple document like the U.S. constitution because its drafters were A) of one mind. B) all white. C) diverse ethnically. D) diverse in their occupations. E) native Texans. Blooms level: Knowledge Page reference: 685 7. The constitution of 1866 was short-lived because A) its weak structure. B) it did not embody clear principles. C) of Reconstruction. D) it ended slavery. E) it was too long. Blooms level: Comprehension Page reference: 686 8. The election of 1869 was marred by A) electioneering. B) low turnout. C) numerous ballot proposals. D) powerful interest groups. E) fraud. Blooms level: Knowledge Page reference: 687
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9. Although many delegates to the 1875 convention were professionals, _________ interests had an overwhelming influence. A) selfish B) farming C) shipping D) foreign E) oil Blooms level: Comprehension Page reference: 689 10. Which of the following is NOT a principle embodied in the Texas constitution? A) separation of powers B) limited government C) popular sovereignty D) universal suffrage E) the traditionalist subculture. Blooms level: Knowledge Page reference: 690 11. The principle of the Texas constitution of 1876 that was clearly not achieved when the constitution was drafted was A) popular sovereignty. B) abolition of slavery. C) separation of powers. D) limited government. E) contract theory. Blooms level: Evaluation Page reference: 690691 12. The drafters of the Texas constitution of 1876 tried to discourage A) part-time legislators. B) low-paid legislators. C) professional legislators. D) experienced legislators. E) intelligent legislators. Blooms level: Knowledge Page reference: 692
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13. In Texas, schools are governed at the_________ level. A) national B) state C) regional D) local E) neighborhood Blooms level: Knowledge Page reference: 692 14. Voting rights in Texas were originally limited by the use of A) poll taxes. B) racial quotas. C) knowledge tests. D) licenses. E) preprimaries. Blooms level: Knowledge Page reference: 693 15. The Texas constitution has been amended _____times, compared to 27 times for the U.S. Constitution. A) 14 B) 93 C) 117 D) 243 E) 456 Blooms level: Knowledge Page reference: 693 16. Amendments to the Texas constitution with only a limited, local impact are voted on by A) all Texas citizens. B) majority party voters. C) citizens only of the locality involved. D) citizens of the relevant county. E) citizens who proposed the amendment only. Blooms level: Knowledge Page reference: 694
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17. The 1974 attempt to reform the Texas constitution was largely impeded by those wishing to gain A) labor reform. B) welfare reform. C) looser regulations on oil and gas. D) reelection. E) a return to the 1866 constitution. Blooms level: Analysis Page reference: 696 18. How many amendments to the Texas constitution were enacted between 1975 and 2008? A) 36 B) 136 C) 236 D) 336 E) 431 Blooms level: Knowledge Page reference: 697 19. The need for two-thirds approval of new amendments to the Texas constitution works in favor of special interest groups attempting to _________change via legislation. A) pass B) kill C) defend D) further E) encourage Blooms level: Knowledge Page reference: 698 20. Interpretation of the constitution is increasingly coming from the states A) schools. B) attorneys. C) farmers. D) special interest groups. E) courts. Blooms level: Knowledge Page reference: 699
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True-False Questions 1. The current Texas constitution was written in 1975. Blooms level: Knowledge Page reference: 682 2. The first Texas constitution was the one that lasted the longest. Blooms level: Analysis Page reference: 682 3. The legal framework of a constitution is to be carried out by statutory law. Blooms level: Knowledge Page reference: 683 4. The Texas constitution is much longer than the U.S. Constitution. Blooms level: Knowledge Page reference: 684 5. Though different in structure and length, the U.S. Constitution and the Texas constitution embody the same principles Blooms level: Analysis Page reference: 684 6. The creation of the constitution of the Republic of Texas was free of the pressure of special interests. Blooms level: Knowledge Page reference: 685 7. During the Civil War, Texas was part of the Confederacy. Blooms level: Knowledge Page reference: 686 8. The current Texas constitution provides for a fragmented executive. Blooms level: Knowledge Page reference: 691 9. The vast majority of proposed amendments to the Texas constitution are approved. Blooms level: Comprehension Page reference: 694
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10. The last attempt to rewrite the Texas constitution was in 1975. Blooms level: Comprehension Page reference: 697 Short Answer Questions 1. It can be said that while the U.S. Constitution is an elegant, short document driven by principle, the Texas constitution is an unwieldy, lengthy document, driven by special interests. Would you agree? Why or why not? Blooms level: Evaluation Page reference: 682689 2. What correlation do you find between the date of drafting and the length of constitutions in Table 20.3? Blooms level: Analysis Page reference: 690 3. Why do the authors argue that the Texas constitution failed to live up to its commitment to democracy? Blooms level: Comprehension Page reference: 693 4. What patterns are illustrated by Figure 20.1? Blooms level: Analysis Page reference: 694 5. What do you consider the biggest hindrance to rewriting the Texas constitution? Blooms level: Evaluation Page reference: 694699 Essay Questions 1. Considering the history of the current Texas constitution, why were new constitutions so frequent in the nineteenth century, and seemingly impossible now? Blooms level: Evaluation Page reference: 682699 2. What differences between Texas and the United States can explain the differences in their two constitutions? Blooms level: Synthesis Page reference: 682699 290
3. Compare the Texas constitutions of 1845 and 1876. Why did they end up so different? Blooms level: Synthesis Page reference: 685689 4. What explains the high number of amendments to the Texas constitution? Blooms level: Analysis Page reference: 694699 5. Does the large number of amendments to the Texas constitution indicate an extremely open pathway for change? Blooms level: Evaluation Page reference: 694699
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CHAPTER 21
INTEREST GROUPS, POLITICAL PARTIES, AND ELECTIONS IN TEXAS

I. The Power of Interest Groups A. Why Do Interest Groups Matter? 1. Interest groups provide endorsements and political contributions. 2. Interest groups have priorities that may cross party lines. 3. Texas has a strong interest group system and a weak political party system. B. Pluralism and Elitism 1. Pluralism a. Pluralism argues that there are many diverse competing groups that limit each others power. People have access to the political system through group leaders. b. The growth in the number of groups and the number of lobbyists provides evidence for the pluralist view. 2. Elitism a. Elitism argues that important policy decisions are made by a few political and business leaders. b. A conservative establishment of Anglo businessmen, oil executives, bankers, and lawyers, developed in response to the New Deal. c. The conservative establishment has no interest in helping minorities or lower socio-economic groups. II. Dominant Interest Groups in Texas A. Business Groups 1. Business interests are involved in broad based associations and trade associations. 2. Many businesses also retain their own lobbyists. 3. Usually, business groups are opposed to proposals from organized labor, consumer advocates, and trial lawyers. 4. Business groups may differ on some issues such as tax policy or utility regulation. B. Professional Groups 1. Medical groups and trial lawyers have been actively involved in the political process in Texas. 2. Medical groups and trial lawyers frequently battle over tort reform. C. Education Groups 1. University presidents, higher education lobbyists, and wealthy alumni have been influential in state politics. 2. There is significant conflict regarding equity in public elementary and secondary education.
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D. Public Interest Groups 1. Most public interest groups in Texas are involved in consumer and environmental protection, ethics reform, and health and human services. 2. They do not have the financial resources of the business or professional groups. E. Minority Interest Groups 1. LULAC, MALDEF, and the NAACP have been more involved in the judicial process than the legislative process. 2. MALDEF represented property poor school districts in the Edgewood v. Kirby equalization case. F. Organized Labor Groups 1. Organized labor has not been as strong in Texas as business. 2. Texas is a right to work state. 3. Labor unions can provide grassroots support to candidates in elections. 4. Labor unions have usually sided with trial lawyers on many issues. G. Government LobbyistsLocal government lobbyists are active in Austin to fight against state mandates on local governments. H. Agricultural Groups 1. Although Texas is now largely urban, agriculture is a key part of the Texas economy. 2. In 1990, rural dwellers and agricultural groups were successful in defeating an Agriculture Commissioner who favored workers rights and pesticide regulations. I. Religious Groupsthe Religious Right has become a powerful influence within the Texas Republican party. III. The Development of the Two Party System in Texas A. One Party Democratic Politics 1. One Party SystemDomination of elections and governmental processes by a single party, which may be split into different ideological, economic, or regional factions. 2. Part of the anti-Republican sentiment that lasted for over a century can be traced back to the Civil War and Reconstruction. 3. After Reconstruction, some rural residents were attracted to third parties like the Populists. 4. Agricultural leaders sought to divide lower income groups by directing their discontent toward blacks. 5. Rural elites formed an alliance with banking and industrial elites in Texas and made it difficult for blacks or lower income whites to vote. B. Factionalism in the Democratic Party 1. The New Deal politics at the national level caused a philosophical split within the Texas Democratic party along economic interests. 2. Southern conservative Democrats did not shift to the Republican party at this time because they would be in the minority party during a time of Democratic strength.
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3. The bifactional Texas Democratic party a. Some scholars argue that the bifactional nature of the Democratic party acted like a two party system in Texas politics. b. Other scholars argued that there was no party system during this period because voters did not have a reference point from which to judge candidates and policies. 4. The national Democratic partys support of civil rights starting in the late 1940s led many Southern Democrats to slowly start shifting to the Republican party. 5. A dispute over oil access between President Truman and Governor Shiver led to a movement by Shiver to convince conservative Democrats to shift to the Republican party. 6. From the 1950s to the 1980s, many Texans voted Republican at the national level but Democratic at the state and local level. Two Party Politics in Texas 1. The realignment of political parties in Texas did not happen in a single election but over several years. 2. Civil rights was a major reason for the realignment of Texas voters. 3. Many US citizens that moved to Texas because of the growing Sunbelt economy came from states that had strong Republican parties. Toward Republican Dominance 1. In the 1990s, the Texas Republican party won major victories for statewide office and a majority in the state senate. 2. After 2004, the Texas Republican party had won a majority of US congressional seats and most county level political offices. Third Parties 1. Texas has had a tradition of third parties that have held some appeal, but third party candidates have never won a statewide office. 2. In recent years, the Libertarian party in Texas has held some appeal among Texas voters. Parties and Government 1. Texas political parties are still not that cohesive. Neither major political party votes in a unified manner in the legislature. 2. Political parties in Texas are highly decentralized and it is very difficult for state party leaders to discipline members. 3. The coalitions that make up the parties come from different interests and ideologies across the state.
IV. Changing Patterns of Party Support and Identification A. Figure 21.1 presents data on party identification by social group in Texas in 2004. B. Republican identifiers 1. college educated 2. Texas newcomers 3. Anglos 4. residents of large metropolitan areas
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5. high income earners 6. middle aged C. Democratic identifiers 1. minorities 2. older residents 3. native Texans 4. low income earners 5. less educated D. Studies indicate that Independents in Texas tend to vote for the Republican party. E. Ticket splitting is common among Texas voters. Even though Republicans have recently dominated state races, Democrats have been successful in local races. V. The Party Organization A. The Permanent Organization 1. Texas political parties have several levelsprecinct, county, and state levels. 2. Figure 21.2 provides a description of the various positions within the hierarchical political party structure. B. Temporary Organizations 1. Precinct Conventions 2. County or District Conventions 3. State Conventions C. Precinct Conventions 1. The precinct convention is held on the same day as the party primary. 2. The precinct convention selects delegates to the county or district conventions. D. County or senatorial district conventions select delegates to the state conventions. E. State Conventions 1. The role of the delegates at the state convention is to a. certify the nominees to the secretary of states office. b. adopt a party platform. c. select a state party chair, vice chair, and state executive committee. 2. During presidential election years, the state conventions choose delegates to the national conventions. VI. Minorities, Women and Political Participation A. Historical Barriers to Voting 1. Until the 24th Amendment banned the poll tax, the Texas poll tax disenfranchised low income voters. 2. The white primary and pre-primary selections limited African American influence on primary elections during the period of one party rule. 3. Until 1971, Texas had one of the strictest voter registration laws in the nation. 4. Until the 1970s, only property owners could vote on local bond elections. 5. Racial gerrymandering made it difficult for an African American candidate to win office. 296
6. At large elections tend to dilute minority representation in local elections. 7. Minorities have used the Voting Rights Act of 1965 to challenge many of the restrictive practices in Texas. B. Hispanics 1. Although Hispanics make up 32 percent of the state population, they are only 28.6 percent of the voting age population. 2. While George W. Bush attracted many Hispanic voters, most Hispanic voters still lean Democratic. C. African Americans 1. African Americans constitute 11 percent of the voting age population in Texas. 2. African Americans vote overwhelmingly Democratic. D. Women 1. Women are still under-represented in the executive branch and in the legislative branch. However, there have been substantial increases in the number of women in office since 1981. 2. Many women have been elected to local offices, including the mayors office of the three largest cities in Texas. VII. Elections in Texas A. Primary Elections 1. Texas uses primaries to select nominees for the general election. 2. If no candidate receives a majority in the primary, there will be a run-off election between the top two candidates. 3. Texas uses open primaries where voters do not have to register with a political party to participate. 4. Voters that regularly participate in the primaries tend to be more ideological than the average voter. B. General Elections 1. Elections in which party nominees face off, with the winner taking office. 2. In recent presidential elections, voter turnout in the presidential general election has been less than 50 percent in Texas. C. City, School Board, and Single Purpose Elections 1. Most local elections are non-partisan elections and in odd numbered years. 2. Voter turnout in local elections is very low. D. Special Elections 1. The legislature can submit constitutional amendments to the voters either during a general election or a special election. 2. Local governments use special elections on bond issues, local initiatives and referendum, and recall of local public officials. E. Extended Absentee Balloting 1. Extended absentee balloting has helped increase voter turnout. 2. Candidates must develop strategies for two types of votersthose that vote early and those that vote on election day.
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VIII. Campaign Finances A. Campaign Costs in Texas have increased because of 1. rising costs of television advertising. 2. costs of modern campaign techniques. 3. the transformation from a one party state to a two party state. B. Fund-raising 1. In Texas, there are no limits to the amount of money an individual or a political action committee can contribute to most races. 2. Campaign contribution limits only exist for judicial races. 3. Most large contributions go to conservative Democrats or conservative Republicans. C. Political Action Committees and Fat Cats 1. Political action committees collect money from their members to distribute to political candidates. 2. The largest political action committees in Texas are a. Texans for Lawsuit Reform b. Texas Association of Realtors c. Texas Trail Lawyers Association d. Texas Dental Association e. Texas State Teachers Association TERMS pluralism elitism lobbyists the Establishment public interest groups equalization religious right one party system bifactionalism Shivercrats realignment third parties responsible party model precinct precinct chair county executive committee county chair state executive committee state chair state vice chair precinct convention county convention 298
state convention poll tax white primary racial gerrymandering Voting Rights Act primary elections general elections special election absentee voting campaign contribution limits political action committees USING YOUR UNDERSTANDING 1. In Texas, if no candidate received a majority of the vote in a primary, there will be a run-off election between the top two finishers. Find a primary election of a statewide or legislative race that resulted in a run-off election. Write a case study of the dynamics of the campaign during the primary election period and during the run-off period. Who were the candidates in the primary and then in the runoff? Did strategies change from the primary to the runoff? Explain. Did losing candidates in the primary support a candidate during the runoff? How did the run-off candidates try to attract new voters? Was turnout lower or higher in the run-off? If the second place winner in the primary won the runoff, how would you explain that comeback? 2. Compare and contrast Hispanic voting behavior in the 2004 presidential election and the 2008 presidential election. Reports and data on Hispanic voting behavior can be found at http://pewhispanic.org. Even though Hispanics are a growing segment of the population, why is there voting strength still small? Did party allegiances shift from 2004 to 2008? What were issues that were most important to Hispanics? While the presidential election reports may not have specific information about Texas Hispanic voting behavior, examine other reports that specifically focus on Texas Hispanics. Are Texas Hispanics significantly different from the national sample of Hispanics? FURTHER RESOURCES Barnes, Ben, and Lisa Dickey. Barn Building: Tales of a Political Life, from LBJ Through George W. Bush and Beyond. Bright Sky Press, 2006. Black, Earl, and Merle Black. The Rise of Southern Republicans. Belknap Press, 2003. Bullock, Charles. The New Politics of the Old South: An Introduction to Southern Politics. New York: Rowman & Littlefield, 2006.
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Dobbs, Ricky F. Yellow Dogs and Republicans: Allan Shivers and Texas Two-Party Politics. College Station: Texas A&M University Press, 2005. Green, George N. The Establishment in Texas Politics: The Primitive Years, 1938 to 1957. Norman: University of Oklahoma Press, 1984. McNeely, Dave, and Jim Henderson. Bob Bullock: God Bless Texas. Austin: University of Texas Press, 2008. The Hispanic Vote in the 2008 Elections. <http://pewhispanic.org/reports/report.php?reportid=98>. Republican Party of Texas. <http://www.texasgop.org>. Texas Democrats. <http://www.txdemocrats.org/>. Texas Secretary of State. <http://www.sos.state.tx.us/>.
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PRACTICE TESTS Multiple Choice Questions 1. La Raza Unida was unsuccessful in getting Ramsey Muiz elected in 1974, but was successful in A) getting their candidate elected as lieutenant governor. B) capturing the state representative seat in Houston. C) changing politics statewide. D) winning over the Republican party. E) gaining the support of the Democrats. Blooms level: Comprehension Page reference: 705 2. A major player in the shift in Texas politics to the right was A) La Raza Unida. B) the Texas Association of Businessmen. C) the Democratic party. D) the house speaker. E) future president George W. Bush. Blooms level: Comprehension Page reference: 706 3. The Texas Association of Businessmen is a good example of A) corrupt interest groups. B) the money wasted by interest groups. C) illegal backroom deals. D) the enormous influence of some interest groups. E) partisan politics. Blooms level: Analysis Page reference: 706 4. Compared to other states, Texas has _____________ interest groups. A) few B) relatively strong C) weak D) extremely weak E) no Blooms level: Comprehension Page reference: 706
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5. In the pluralist view, interest groups demonstrate A) the openness of a political system. B) corruption. C) vote-buying. D) poor legal controls on the election process. E) the power of democracy. Blooms level: Analysis Page reference: 706 6. A recent study has argued that the Establishment in Texas constitutes a true A) business group. B) interest group. C) democratic institution. D) public good. E) class. Blooms Level: Page reference: 707 7. A shift in the makeup of interest groups in the 1970s came from a _______of influence. A) shift to the left B) shift to the right C) diffusion D) concentration E) lack Blooms level: Knowledge Page reference: 708 8. Arguments supporting the idea that lobbyists represent the average citizen include all of the following EXCEPT A) special-interest groups are composed of citizens. B) lobbyists provide important information to legislators. C) lobbyists are experts in the political process D) lobbyists are exercising first amendment rights. E) lobbyists violate first amendment rights. Blooms level: Knowledge Page reference: 708
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9. The main lobbying opponent of the trial lawyers lobby has been the A) Texas Association of Businessmen. B) Texas Bankers Association. C) Texas Chemical Council. D) The Texas Bar Association. E) Texas Medical Association. Blooms level: Comprehension Page reference: 708 10. All of the following are examples of minority interest groups EXCEPT A) LULAC. B) TAB. C) MALDEF. D) NAACP. E) IAF. Blooms level: Knowledge Page reference: 709 11. Low-income minorities in Texas are specifically represented by A) the Industrial Areas Foundation. B) LULAC. C) the NAACP. D) MALDEF. E) EPISO. Blooms level: Knowledge Page reference: 709 12. The Religious Right can be defined by what it is against, namely all of the following EXCEPT A) communism. B) labor. C) conservatives. D) civil rights. E) liberals. Blooms level: Knowledge Page reference: 710
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13. The long dominance of the Texas Democratic Party is evidence of its A) homogeneity. B) support among minorities. C) support by women voters. D) divisiveness. E) ability to divide the opposition. Blooms level: Comprehension Page reference: 712 14. The Democratic partys dominance can be attributed to the identification of A) one common political subculture. B) common business interests. C) a regional definition. D) common enemies. E) one political ideology. Blooms level: Knowledge Page reference: 712 15. Texas voted in favor of Dwight D. Eisenhower in 1952, largely due to the actions of A) Democrats. B) Right-leaning Republicans. C) Left-leaning Democrats. D) Shivercrats. E) Communists. Blooms level: Knowledge Page reference: 713 16. Following party realignment in Texas, from holding 12 seats in the state legislature in 1971, Republicans held ________ in 2004. A) 107 B) 200 C) 37. D) 81 E) none Blooms level: Knowledge Page reference: 715
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17. Political gains by the Republicans in Texas have included A) statewide office. B) a senate majority. C) a house of representatives majority. D) county offices. E) all of the above. Blooms level: Knowledge Page reference: 715 18. The poll tax can be said to conform to the ideals of which political subculture? A) moralistic. B) individualistic. C) reactionary. D) traditionalistic. E) isolationist. Blooms level: Application Page reference: 724 19. Table 21.5 might allow one to conclude that overall A) it costs more to be elected senator than representative. B) money has no impact on elections. C) winners spend more than 10% more than losers. D) losers spent more than 10% more than losers. E) winners and losers spend the same in elections. Blooms level: Analysis Page reference: 730 20. A campaign finance disclosure law passed in Texas in 1973 mandates all of the following EXCEPT A) disclosure of names and addresses of donors. B) limits on campaign contributions. C) amounts of contributions. D) office holders must publish annual reports. E) candidates must appoint a treasurer to handle contributions. Blooms level: Knowledge Page reference: 731
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True-False Questions 1. The pluralist view of interest groups may be said to be pessimistic, while the elitist viewpoint is optimistic. Blooms level: Analysis Page reference: 706 2. Education-sector interest groups can be said to be both pluralist and elitist. Blooms level: Application Page reference: 709 3. In Texas, the Religious Right is synonymous with the Republican Party. Blooms level: Evaluation Page reference: 710 4. No Republican won statewide election in Texas between 1874 and 1961. Blooms level: Knowledge Page reference: 712 5. The one-party system in Texas owes its beginnings to the civil rights era. Blooms level: Comprehension Page reference: 712 6. It can be said that a national issuethe civil rights movementbrought Texas into the national party system, bringing about realignment. Blooms level: Synthesis Page reference: 714 7. The inability of Texas political parties to follow the responsible party model can be traced to their strong coalition-building. Blooms level: Comprehension Page reference: 717 8. Hispanic voters have recently found themselves courted by both major parties in Texas. Blooms level: Knowledge Page reference: 719 9. Texas history of voter disenfranchisement can be seen as proof of the strength of its traditionalist political subculture. Blooms level: Application Page reference: 724
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10. Voter turnout was significantly increased after the emergence of the two-party system. Blooms level: Comprehension Page reference: 728 Short Answer Questions 1. Can the existence of the Establishment be used to prove conclusively that Texas politics are dominated by elitism? Blooms level: Application Page reference: 706707 2. Is everyone represented by an interest groupas pluralists advocateor are some Texans left out? Blooms level: Evaluation Page reference: 708711 3. Can it be said the African Americans were key players at both the beginning and the end of the one-party system in Texas? Blooms level: Synthesis Page reference: 714 4. What factors in party affiliation shown in figure 21.1 do you consider particularly important. Why? Blooms level: Analysis Page reference: 718 5. What influence do party conventions have on the political process? Blooms level: Analysis Page reference: 722 Essay Questions 1. Why did it take the Texas party system only align with the national party system in the second half of the twentieth century? Blooms level: Analysis Page reference: 712716 2. How can the three terms of a Democratic president have marked the end to Democratic dominance in Texas politics? Blooms level: Comprehension Page reference: 712716 307
3. Who left the Democratic Party to strengthen the Republican Party to the point that it could become a true second party? Blooms level: Analysis Page reference: 712716 4. How do the party organizationsboth permanent and temporaryinfluence politics in Texas? Blooms level: Analysis Page reference: 720 5. What was the effect of the emergence of the two-party system on Texas politics? Blooms level: Evaluation Page reference: 724729
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CHAPTER 22
THE TEXAS LEGISLATURE

I. Legislative Functions and Composition A. Enacting Laws B. Budgets and Taxes C. Overseeing State Agencies D. Educating the Public E. Representing the Public F. Organization 1. part-time, bicameral legislature 2. 31-member senate and 150 member house of representatives G. Legislative Sessions 1. Regular sessions are limited to 140 days every two years. 2. Special sessions may be called by the governor for a maximum of 30 days each. H. Terms and Qualifications 1. Representative a. 2 year term b. Minimum age is 21 c. a Texas resident for 2 years and a resident of the district for 1 year 2. Senators a. 4 year term b. Minimum age is 26 c. a Texas resident for 5 years and a resident of the district for 1 year 3. There are no legislative term limits in Texas. I. Pay and Compensation 1. State constitution sets base pay at $7,200. 2. The Ethics Commission can recommend pay raises and set per diem rates. 3. House and Senate decide staff salaries and other office expenses. J. Membership and Careers 1. Compared to the early 1970s, the Texas House and Senate has more women, Hispanics, and African Americans. 2. Before serving in the state legislature, many members were city council members, school board members, legislative aides, prosecutors, or party activists. 3. Most members of the legislature served in the fields of law or business before entering politics. K. Legislative Turnover 1. There are not that many legislators who have served more than 20 years in the state legislature. 2. The average senator has served for 13 years and the average representative has served for 7 years. 3. Factors affecting turnover: a. low pay b. campaign costs 309
c. lost income from other employment d. Many state legislators seek higher office such as the US House of Representatives or statewide constitutional offices. e. Some legislators become lobbyists. f. Redistricting and voluntary retirements. II. Representation and Redistricting A. Apportionment 1. Like most other state legislatures, Texas uses single member districts. 2. District lines must be redrawn every 10 years following the census. 3. If the legislature does not decide on a redistricting plan, the Legislative Redistricting Board is assigned the task. 4. Several US Supreme Court decisions have required states follow the one person, one vote principle in state legislative redistricting. 5. Gerrymandering is the practice of drawing district lines to favor an individual or group. 6. Redistricting helped the Republican party win majorities in the legislature after 2001. B. Partisanship and Rules in the 2003 Redistricting Battle 1. In 2003, the Republicans had majorities in the state legislature, but the Democrats had a majority of the US House members from Texas. The Republicans sought to redraw the US House districts in Texas. 2. The 2003 redistricting process was unusual in that US House member Tom DeLay was very involved and that the redistricting was happening in the middle of the decade. 3. Because a two-thirds majority is required for quorum, Democrats would flee to Oklahoma or New Mexico to prevent the state legislature from passing the new plan. 4. The redistricting plan was eventually passed and it helped Republicans gain more House seats. III. Legislative Leadership A. House Leadership 1. The Speaker of the House is the presiding officer and is elected by House members. 2. The Speaker works long hours and had a large full-time staff. 3. The Speaker appoints a Speaker Pro Tempore. 4. While seniority is frequently a consideration, the Speaker has complete discretion is assigning committee chairs. B. Senate Leadership 1. The lieutenant governor, chosen in a statewide election, is the presiding officer of the Senate. 2. Some have argued that the lieutenant governor is the most powerful position in Texas because of the combination of legislative duties and because he or she is elected statewide.
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3. The lieutenant governor has significant control over the senates agenda. 4. The lieutenant governor has total discretion in making committee assignments. C. Influence and Control Over the Legislative Process 1. Besides their formal powers the presiding officers in each chamber has the informal power of relationships with committee chairs and interest groups. 2. The presiding officers do not normally participate in debates. They attempt to appear bipartisan. 3. The lieutenant governor in the senate only votes to break a tie. IV. The Committee System A. The Role of Committees 1. Most proposed bills die in committee. 2. Most drafting and oversight work occurs in committee. 3. Committee Chairs Power a. can kill a bill by refusing to schedule it b. The chair may send bills to friendly or unfriendly subcommittees. B. Standing Committees 1. There are 16 standing committees in the senate and 43 standing committees in the House. 2. Calendars Committee a. schedules legislation in the house b. While working with the speaker, the Calendars Committee may schedule voting on bill either early or late in the session. Scheduling a bill for late in the session is another way to kill a bill. 3. The House Appropriations committee is mainly responsible for drafting state budgets. 4. The House Ways and Means committee is responsible for drafting tax and revenue measures. 5. The Senate Finance committee deals with budget and tax issues. 6. The State Affairs committee in both the house and the senate deals with issues of statewide importance. 7. The lieutenant governor assigns bills to committees in the Senate and the speaker assigns bills in the House. C. Conference Committees 1. If there are differences between a house bill and a senate bill, the presiding officers will select five representatives and five senators to resolve differences. 2. Conference committees occasionally make major changes in legislation when resolving differences. The house and the senate must approve of conference committee changes. D. Special Committees 1. Special (or select) committees are appointed by the governor, lieutenant governor, and speaker to address specific issues. 2. Standing committees meeting during the interim can get started on addressing issues before the official session begins. 311
V. Rules and Procedures A. How a Bill Becomes a Law 1. The legislative process in Texas is similar to the legislative process in the US Congress and other state legislatures. 2. Figure 22.1 provides an overview of the legislative process in Texas. 3. First readingintroduction of a bill in the Texas house or senate and its referral to committee by the presiding officer. 4. Second ReadingInitial debate by the Texas house or senate on a bill that has been approved by committee. 5. Third ReadingIf the bill is approved on the second reading, it has to win one more vote on the third reading before it goes to the other chamber for the same process. 6. If the other chamber approves the bill without any changes, then it can be sent to the governor. 7. If the other chamber makes changes to a bill, a conference committee will have to resolve the differences and the house and senate vote again before the bill is sent to the governor. 8. The comptroller must certify that there are available revenues available to fund the proposed legislation. 9. If the governor vetoes a bill, the house and senate can override the veto with a two-thirds vote in each chamber. 10. On an appropriation bill, the governor may use a line item veto. B. Procedural Obstacles to Legislation 1. In the house, the Calendars Committee can prevent votes on legislation. 2. The two-thirds requirement of debate bills in the senate means that eleven senators can prevent a vote. 3. In the senate, a tag allows an individual senator to postpone a committee hearing for 48 hours. This could prevent committee or floor consideration in the last days of a legislative session. 4. The filibuster can prevent a vote on a bill late in the legislative session. C. Shortcuts, Obfuscation, and Confusion 1. Legislators may attempt to have bills passed by adding the bill as an amendment to related legislation. 2. To consider noncontroversial legislation more quickly, bills can be placed on the local calendar. Occasionally, members try to sneak controversial legislation into the local calendar. One senator or three representatives can request measures be taken off the local calendar. 3. Compromises can be worked out behind closed doors. This may be more efficient but then prevents the opportunity for open debate. 4. A constitutional amendment now requires that all votes be recorded. Previously, division votes were not recorded and legislators were less accountable. 5. On bills that a legislator is not interested in, he or she may vote according to the wishes of the sponsor or the wishes of party leadership.
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6. In the hectic closing days of a legislative session, many bills and conference reports are not read. Legislators may slip major changes in legislation that go unnoticed. VI. Legislative Caucuses A. Partisan Caucuses 1. Because of the history of one party rule in the Texas legislature, partisan caucuses did not usually exist as they do in the US Congress. 2. Although the Democrats had usually controlled the legislature the real power was with the conservative coalition of Republicans and conservative Democrats. B. The Growth of PartisanshipAs Republicans became more competitive in the 1980s, partisan caucuses started to develop in the Texas legislature. C. Republicans Take Control 1. Republicans gained majorities in the house and senate in 2003. That was the first time since Reconstruction that Republicans were in the majority in the both chambers of the Texas legislature. 2. Differences between the Republican and Democratic parties have become more distinct. 3. African American, Hispanics, and urban delegates have also formed caucuses. VII. Constituents and Legislative Decision-making A. With the exception of some emotional issues, most Texas citizens pay little attention to the state legislature. B. Media in Texas have not placed a high priority on covering the state legislature in Texas. C. Legislators are often more attentive to active interest groups than a non attentive public. D. While legislators accept large contributions from interest groups, they still have to pay attention to the voters who ultimately elect them. E. Civility and reciprocity are important norms in legislative politics. F. Voting cues 1. dominant opinion in the legislative district 2. party line voting 3. bill sponsors, speaker, or lieutenant governor 4. legislative staff 5. interest groups 6. governor or other statewide elected officials 7. information from the Legislative Budget Board or the Legislative Council. G. Some legislators are considered grandstanders. They may score political points with constituents or get media attention, but they accomplish little during the legislative process.
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VIII. The Development of Legislative Staff, Ethics, and Reform A. Legislative Staff 1. The growth in legislative staff is an indicator of legislative professionalism. 2. Most legislators maintain offices in both Austin and their home districts. B. Ethics and the Legislature 1. Most legislators are honest hard working individuals. However, a few corrupt legislators and the millions spent by interest groups tend to undermine confidence in the state legislature. 2. In the 1970s and 1980s, many lobbying and ethics reforms were passed by the state legislature. However, interest groups or legislators frequently find loopholes. TERMS regular session special session representative senator proportional representation single member districts Legislative Redistricting Board gerrymandering two-thirds rule speaker lieutenant governor leadership teams committee standing committees Calendars committee State Affairs committee Appropriations committee Ways and Means committee Finance committee special committees conference committees interims first reading second reading third reading appropriations bill line-item veto intent calendar tag filibuster
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calendar record votes division votes caucus legislative staff ethics reform Ethics Commission USING YOUR UNDERSTANDING Compare and contrast the Texas legislature with the legislature of one of the following states: California, New York, New Jersey, Wisconsin, Michigan, Ohio, or Florida. Do the two legislatures have full time or part time legislators? Are members elected in single member or multi member districts? Are there limitations on campaign contributions to legislative candidates? How often do the legislatures meet? How large is the House (or Assembly) and the Senate? What are the staff sizes? What are the salaries? Do you think any of the differences affect the types of individuals who seek to be in the legislature? Do you think any of the differences affect policy outcomes? FURTHER RESOURCES Bickerstaff, Steve. Lines in the Sand: Congressional Redistricting in Texas and the Downfall of Tom Delay. Austin: University of Texas Press, 2007. Black, Earl, and Merle Black. The Rise of Southern Republicans. New York: Belknap Press, 2003. Collier, Ken, Steven Galatas, and Julie Harrelson-Stephens. Lone Star Politics: Tradition and Transformation in Texas. Washington DC: C Q Press, 2008. Menifield, Charles E., and Stephen D. Shaffer, eds. Politics in the New South: Representation of African Americans in Southern State Legislatures. New York: State University of New York Press, 2006. Moncrief, Gary F., Peverill Squire, and Malcolm Edwin Jewell. Who Runs for the Legislature? Upper Saddle River: Prentice Hall, 2000. Rosenthal, Alan. Engines of Democracy: Politics and Policymaking in State Legislatures. Washington: CQ Press, 2008. Rosenthal, Alan. Governors and Legislatures: Contending Powers. Washington DC: Congressional Quarterly, 1990.
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Wright, Ralph. Inside the Statehouse: Lessons from the Speaker. Washington DC: C Q Press, 2005. National Conference of State Legislatures. <www.ncsl.org>. Texas Legislature Online. <http://www.capitol.state.tx.us/>.
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PRACTICE TESTS Multiple Choice Questions 1. The role of the legislature includes all of the following EXCEPT A) adjudicating. B) drafting a state budget. C) enacting law. D) education. E) representation. Blooms level: Knowledge Page reference: 740 2. The Texas legislature meets every two years for how many days? A) 120 B) 140 C) 160 D) 180 E) 200 Blooms level: Knowledge Page reference: 740 3. Special sessions in Texas have historically A) come in waves. B) been rare. C) been common. D) been used only by Republicans. E) been used only by Democrats. Blooms level: Knowledge Page reference: 741 4. The pay level for Texas legislators is __________ that of most other states legislators. A) equivalent to B) much higher than C) higher than D) lower than E) much lower Blooms level: Knowledge Page reference: 741
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5. The number of African American legislators in the Texas house grew from two in 1971 to how many in 2007? A) 4 B) 8 C) 14 D) 20 E) 32 Blooms level: Knowledge Page reference: 741 6. Nearly a third of Texas legislators come from what sector? A) business B) trade C) oil and gas D) law E) manufacturing Blooms level: Knowledge Page reference: 741 7. Considering the relatively low turnover in the Texas legislature, the goal of granting legislators low pay can be said to have proved A) irrelevant. B) a mixed success. C) highly successful. D) successful. E) a failure. Blooms level: Application Page reference: 742 8. At-large districts in Texas were found to be A) more egalitarian. B) prejudicial to Anglos. C) prejudicial to women voters. D) biased in favor of Hispanics. E) biased against minorities. Blooms level: Comprehension Page reference: 744
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9. The major battle over redistricting in Texas in recent decades occurred in A) 2001. B) 2003. C) 2005 D) 2006. E) 2008. Blooms level: Knowledge Page reference: 745 10. In the Texas house of representatives, the presiding officer is the speaker, while in the senate, that position is held by the A) attorney general. B) chief justice. C) lieutenant governor. D) house majority leader. E) rules committee chair. Blooms level: Knowledge Page reference: 748 11. In 1979, the Killer Beesa group of democratic senatorsused what tactic to thwart the goals of Lieutenant Governor Bill Hobby? A) hiding B) resigning C) playing tag D) filibustering E) name-calling Blooms level: Knowledge Page reference: 748 12. The lieutenant governor of recent decades who can be said to have lost the tradition of bipartisan compromise is A) Bob Bullock. B) David Dewhurst. C) Rick Perry. D) John Sharp. E) Bill Hobby. Blooms level: Comprehension Page reference: 749750
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13. A group of legislators that reviews and holds public hearings on bills or issues that they have been assigned is a A) quorum. B) working party. C) majority. D) minority. E) committee. Blooms level: Knowledge Page reference: 752 14. In dealing with legislation, the lieutenant governor has the prerogative of assigning legislation to committees, allowing the bill to be A) exempt from committee action. B) passed without a quorum. C) killed in a hostile committee. D) lost. E) censured. Blooms level: Knowledge Page reference: 752 15. The other name for the state budget is the A) ways and means bill. B) appropriations bill. C) comptrollers bill. D) finance bill. E) money bill. Blooms level: Knowledge Page reference: 755 16. Gib Lewis was typical of house speakers in A) being especially far right. B) being supported by the Religious Right. C) surviving for decades. D) working across party lines. E) being very reactionary. Blooms level: Knowledge Page reference: 758
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17. Republicans in the Texas legislature bitterly opposed stronger state laws against hate crimes because such laws A) ran contrary to their principles. B) also covered crimes involving religion. C) also covered crimes against homosexuals. D) were introduced by the Democrats. E) were supported by Governor Bush. Blooms level: Knowledge Page reference: 758759 18. Evaluating the influence of any one group or person on legislative decisions is difficult for all of the following reasons EXCEPT A) decision-making is highly complex. B) floor debates are closed to the public. C) influences often compete with one another. D) such influence varies between legislators. E) influence varies between bills. Blooms level: Knowledge Page reference: 762 19. The enactment of a legislative ethics bill in 1991 was marred by all of the following EXCEPT A) bipartisan support. B) being concluded in secret. C) being enacted at the eleventh hour. D) its weak provisions. E) most legislators being ignorant of the bills existence. Blooms level: Comprehension Page reference: 766 20. The scandal involving the ties of Speaker Gib Lewis with the law firm of Heard Goggan was centered on a lucrative business in A) collecting penalties for delinquent taxes. B) farm subsidies. C) oil exports D) veterans benefits. E) prison building. Blooms level: Application Page reference: 765
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True-False Questions 1. The Texas legislature is responsible for oversight of state agencies. Blooms level: Knowledge Page reference: 740 2. Single-member legislative districts have always been the norm in the United States and Texas. Blooms level: Comprehension Page reference: 744 3. The 2003 redistricting battle was a Republican victory. Blooms level: Evaluation Page reference: 744745 4. Ultimately the 2003 redistricting battle was decided by one Democratic senator. Blooms level: Evaluation Page reference: 745 5. The lieutenant governor of Texas has a great deal of power deriving from control of the senates agenda. Blooms level: Knowledge Page reference: 748 6. In 2007, the Texas legislature had more than 59 standing committees in the house and senate combined. Blooms level: Knowledge Page reference: 752 7. Substantive committees deal with bills pertaining to an area of expertise, such as public health. Blooms level: Application Page reference: 752 8. The presiding officers of the Texas legislature can kill bills by simply assigning them to hostile committees. Blooms level: Knowledge Page reference: 752753
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9. The caucus system in the Texas legislature is rudimentary compared to that of the U.S. Congress. Blooms level: Evaluation Page reference: 758 10. Newsletters are an important way for legislators to learn more about their constituents. Blooms level: Comprehension Page reference: 760
Short Answer Questions 1. How does the compensation for Texas legislators compare to that for other states? Blooms level: Evaluation Page reference: 741 2. Did the change from multimember districts to single-member districts come from within Texas or from without? Explain your response. Blooms level: Evaluation Page reference: 744 3. Do committees do more to help or hinder the process of moving bills through the legislature? Blooms level: Evaluation Page reference: 752 4. What groups are represented by caucuses in the Texas legislature? Blooms level: Synthesis Page reference: 758759 5. Were legislators wrong to accept checks from Lonnie Pilgrim? Why or why not? Blooms level: Application Page reference: 765 Essay Questions 1. Explain the changes in the nature and organization of Texas legislative districts. How have these changes impacted politics in Texas? Blooms level: Synthesis Page reference: 744745
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2. In what ways does the Texas legislature reflect the three political subcultures? Blooms level: Application Page reference: Entire chapter 3. To what extent is the manipulation of committees a partisan affair? Blooms level: Evaluation Page reference: 752753 4. Are there good reasons for the use of caucuses in the Texas legislature? Why or why not? Blooms level: Evaluation Page reference: 758759 5. Compare leadership in the Texas senate and house of representatives. How do you account for the substantial differences between the two? Blooms level: Synthesis Page reference: 746750
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CHAPTER 23
THE TEXAS EXECUTIVE AND BUREAUCRACY

I. The Governor and the Executive Branch A. Gubernatorial Power in Texas 1. A plural executive is a fragmented system of authority under which most statewide executive officeholders are elected independently of the governor. 2. Besides the governor, Texas voters also elect the Lieutenant Governor, Attorney General, Comptroller, Land Commissioner, Agriculture Commissioner, Railroad Commissioner, and the State Board of Education. 3. Agencies headed by these elected officials are mostly autonomous of gubernatorial control. B. Background and Requirements for Governorship 1. Legal Requirements to become Texas Governor a. minimum age is 30 years old b. a US citizen c. must be a resident of Texas for five years d. must acknowledge a belief in a Supreme Being 2. From 1874 to 1974, every Texas governor had been a Democrat. 3. Most Texas governors have been well educated, middle aged, affluent, white Protestant males. 4. Recent candidates have had to spend significant amounts of their own personal wealth to run for governor. C. Impeachment and Incapacitation 1. The Texas House of Representatives may impeach governors and the Senate may convict and remove governors. 2. In case of death, impeachment, or incapacitation, the lieutenant governor would complete the term until the next election. D. Legislative Powers of the Governor 1. The governor can attempt to promote a policy agenda by using the State of the State address, by meeting with legislators, and by calling special legislative sessions. 2. A gubernatorial veto can be overturned by a 2/3rds majority in the legislature. Veto overrides have been rare in Texas politics. 3. The Texas governor also has a line item veto on budget bills. 4. The threat of a veto can force legislators to consider the Governors concerns. E. Budgetary Powers of the Governor 1. The Texas governors budgetary powers are considered much weaker than other governors. 2. The Legislative Budget Board proposes the budget. The LRB is composed of the Lieutenant Governor, the speaker, and eight other legislators. 3. The line item veto is the Texas governors most important power during the budgetary process. 325
F. Appointive and Removal Powers of the Governor 1. The governor can appoint boards and commissions that oversee the bureaucracy. 2. Because board and commission members have six year staggered terms, it takes at least two years for the governor to appoint majorities to boards and commissions. 3. Gubernatorial appointments are confirmed with a 2/3rds vote in the Senate. 4. The Texas governor appoints judges at the district court level or higher when there is a vacancy. 5. The governor can appoint replacements for vacancies for other statewide offices except for lieutenant governor. G. Judicial Powers of the Governor 1. The governor appoints a Board of Pardons. 2. Governor may grant executive clemency. 3. The governor is responsible for carrying out extradition requests. H. Military Powers of the Governor 1. The governor appoints the adjutant general. 2. The governor cannot conduct foreign policy, but he or she can use the National Guard to respond to natural disasters or riots or bolster security at airports when necessary. I. Informal Resources of the Governor 1. articulating problems 2. building coalitions 3. administrative style 4. leadership capability J. The Governors Staff 1. A governors staff can enhance the governors effectiveness or could insulate the governor from information he or she should have. 2. Considerations when building a staff a. loyalty b. political attitudes c. electoral constituencies d. skill and expertise K. The Governor and the Media 1. Good media relations can be an informal power of the governor. 2. Press conferences and pseudo events provide access for the media and helps the governor promote certain policies. L. The Governor and the Political Party 1. Historically, Texas governors had to build temporary coalitions within the Democratic party to accomplish policy goals. 2. With a more competitive two party system in Texas, governors depend on their parties for support in the legislature.
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M. The Governor and Interest Groups 1. Gubernatorial candidates seek the endorsements and support of interest groups. 2. Interest groups who support a winning gubernatorial candidate expect the governor to address their policy concerns. II. Elected Officials of the Executive Branch A. Lieutenant Governor 1. The Lieutenant Governor becomes governor if the governor leaves office before his or her term is complete. 2. The Lieutenant Governor is elected independently of the governor. 3. The Texas Lieutenant Governor has more legislative duties compared to other lieutenant governors. a. chairs the Legislative Budget Board b. presides over the state Senate c. selects committee chairs B. Attorney General 1. The Attorney General is the states chief legal officer who defends the state in lawsuits and is responsible for enforcing the states anti-trust, consumer protection, and other civil laws. 2. The Texas Attorney General has very little role in criminal prosecutions. C. Comptroller of Public Accounts 1. The Comptroller is the states chief tax administrator, accounting officer, and revenue estimator. 2. The Comptroller must certify that the budget can be met by revenue projections. 3. The Comptroller may also conduct audits of school districts and other state agencies. D. The Commissioner of the General Land Office manages 22 million acres of public lands in Texas. E. The Commissioner of Agriculture regulates the agriculture sector and administers consumer protection laws in some areas. F. Secretary of State 1. The Secretary of State is the only constitutional officer appointed by the governor. 2. The main responsibility is to administer the state election laws. 3. He or she also grants charters to corporations and processes extradition of prisoners. G. The duties of the state Treasurers office have been transferred to the comptrollers office. H. Elected Boards and Commissions 1. Texas Railroad Commission a. The commission has three elected members that serve six year staggered terms. b. The commission has some oversight over rail safety, but primarily regulates the oil and gas industry. 327
c. A few railroad commissioners have been able to use contributions from the oil and gas industry to help run for other statewide offices. 2. State Board of Education a. The main responsibilities of this elected board are investing education dollars in the Permanent School Fund, textbook selection, and curriculum standards. b. The governor appoints the Commissioner of Education who is in charge of administering the Texas Education Agency. III. The Texas Bureaucracy and Bureaucratic Strategies A. Bureaucracy in Texas Government 1. The state of Texas has over 250 state agencies and universities that employ over 300,000 full and part-time workers. 2. School districts, counties, cities, and special districts throughout Texas employ more than 950,000 full and part-time workers. 3. Because the governor has limited power over the bureaucracy and the legislature meets only 5 months every two years, the role of the bureaucracy is enhanced in Texas. 4. Many of the part-time boards and commissions depend heavily on the guidance of veteran administrators and career bureaucrats. B. Growth of the Texas Government 1. The number of state and local government employees had more than tripled since 1967. 2. Compared to other states, Texas ranks low in per capita state government spending. Texas ranks high in local government expenditures per capita compared to other states. 3. Attempts to limit the growth of government has had only limited success. a. Federal mandates on states and state mandates on localities makes it difficult to cut spending. b. Texas residents expect a wide range of services. c. Interest groups have been successful in preserving programs or convincing the legislature to establish new ones. C. Bureaucrats and Public Policy 1. The legislature usually writes laws broadly and allows the bureaucracy to decide on the details. 2. Legislators, bureaucrats, and interest groups may interact with each other at various stages of the policy process. D. Policy Implementation 1. Most new laws are carried out by existing agencies. 2. While there are problems, most bureaucracies handle their duties efficiently. E. Obstacles to Policy Implementation 1. Misguided legislation that has little chance of being effective. 2. Changing economic conditions may change the nature or effectiveness of a program. 328
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3. Legislature does not provide enough funding for the implementation of policy. 4. Interest group or business representatives may serve on boards, agencies, or commissions that are supposed to regulate a business. Strategies for Controlling the Bureaucracy 1. Legislatures can change laws or reduce bureaucratic discretion. 2. Legislature can overrule bureaucratic decisions. 3. Transfer responsibilities to another agency. 4. Remove an agency head and appoint a new one. 5. Cut or threaten to cut an agencys budget. 6. Require legislative hearings or public disclosure of bureaucratic activities. 7. Sunset laws 8. Protect whistle blowers 9. Revolving door restrictions The Revolving DoorThe practice of former members of state boards and commissions or key employees of agencies leaving state government for more lucrative jobs with the industries they used to regulate. Sunset Legislation 1. A law that requires that most state agencies be periodically reviewed and re-created by the legislature or else shut down. 2. In most cases, a commission recommends that an agency should continue but with some changes. 3. Sunset laws have not reduced the total size of bureaucracy, but has slowed the increase in the creation of new agencies. Performance Reviews 1. Performance reviews of state agencies are done by the comptroller. 2. While some recommendations are implemented, affected interests can appeal to the legislature to spare certain agencies. Merit Systems and Professional Management 1. The merit process is more established in other states than in Texas. 2. Because of the fragmented nature of the Texas executive branch, the various political executive offices jealously protect their prerogative in hiring and firing decisions.
TERMS plural executive autonomous impeachment veto line-item veto Legislative Budget Board staggered terms extradition governors staff lieutenant governor 329
attorney general comptroller land commissioner agriculture commissioner Railroad Commission State Board of Education bureaucracy revolving door sunset law performance review patronage merit system USING YOUR UNDERSTANDING Using either the library or the Internet, search for newspaper articles regarding current or past state constitutional officers other than the governor (lieutenant governor, attorney general, comptroller, railroad commissioner etc.). Find examples where there was conflict within the executive branch between the governor and another state constitutional official. Why was there a conflict? Were the governor and state constitutional officer from different parties or different factions within the same party? Did the state constitutional officer have ambition for higher office? FURTHER RESOURCES Beiler, David. The eyes of America were upon him: profile on Texas lieutenant governor Rick Perry. Campaigns and Elections 28 July 2005. Hendrickson, Kenneth E., and Michael Collins. The Chief Executives of Texas: From Stephen F. Austin to John B. Connally, Jr. Texas Station, TX: Texas A&M University Press, 1995. Howe Verhovek, Sam. Other Governor of Texas Turns His Flaws Into Assets. New York Times 23 Mar. 1997. McNeely, Dave, and Jim Henderson. Bob Bullock: God Bless Texas. Austin, TX: University of Texas Press, 2008. Yardley, Jim. Ideas & Trends: Ayes of Texas; If There's a Lone Star in the State, It Isn't the Governor. New York Times 19 Dec. 1999. Lieutenant Governor of Texas. <http://www.ltgov.state.tx.us/>. Office of the Governor. <http://www.governor.state.tx.us/>. Railroad Commission of Texas. <http://www.rrc.state.tx.us/>. Texas Attorney General. <http://www.oag.state.tx.us/>.
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PRACTICE TESTS Multiple Choice Questions 1. The power of the Texas executive is distributed among all of the following EXCEPT the A) attorney general. B) Calendars Committee. C) lieutenant governor. D) Texas Railroad Commission. E) State Board of Education. Blooms level: Analysis Page Reference: 776 2. Texans developed the plural executive because of the tradition of A) moralism. B) traditionalism. C) individualism. D) support for a strong government. E) fear of a weak governor. Blooms level: Application Page Reference: 777 3. How many minorities have been governor of Texas? A) 0 B) 1 C) 2 D) 3 E) 4 Blooms level: Knowledge Page Reference: 778 4. Governor Rick Perry used his veto power ___ in the 2001 session. A) 22. B) 42. C) 62. D) 82. E) 102. Blooms level: Knowledge Page Reference: 780
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5. Most Texas state board members serve terms of __ years. A) 2 B) 3 C) 4 D) 5 E) 6 Blooms level: Knowledge Page Reference: 781 6. The governor is responsible for A) executions. B) extraditions. C) elections. D) restitutions. E) the legislative calendar. Blooms level: Knowledge Page Reference: 783 7. Governors use the media for all of the following EXCEPT A) leaks of information. B) pseudo-events. C) fund raising. D) mobilizing public opinion. E) press conferences. Blooms level: Knowledge Page Reference: 784 8. Lieutenant governors took over the highest executive office when governors left office early how many times in Texas history? A) 4 B) 5 C) 6 D) 7 E) 8 Blooms level: Knowledge Page Reference: 786
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9. One of the most important powers of the Texas lieutenant governor is as A) speaker of the house. B) commander-in-chief of the Texas National Guard. C) chief judicial officer. D) head of intra-state relations. E) chair of the Legislative Budget Board. Blooms level: Knowledge Page Reference: 786 10. The comptroller of public accounts has the powerful role of ensuring that state expenditures A) are matched by increasing tax revenue. B) will not be more than 10% more than projected revenues. C) are balanced between different agencies. D) are less than or equal to projected revenues. E) are not unmerited. Blooms level: Comprehension Page Reference: 787 11. The Texas state land commissioner is responsible for A) oil extraction. B) housing. C) state lands. D) natural disasters. E) agriculture. Blooms level: Knowledge Page Reference: 788 12. The state executive officer in charge of elections is the A) state treasurer. B) lieutenant governor. C) attorney general. D) governor. E) secretary of state. Blooms level: Knowledge Page Reference: 788
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13. Which elected state body is accused of making deals with those it was intended to regulate, and has frequently been used as a stepping stone to higher office? A) The Agricultural Commission. B) The Railroad Commission. C) The State Board of Education. D) The house of representatives. E) The senate. Blooms level: Knowledge Page Reference: 788789 14. One way of explaining the relative responsibilities of state agencies in Texas is by considering that the governor is relatively weak and the legislature meets for only A) 6 months in 24 months. B) 6 months in 12 months. C) 5 months in 24 months. D) 5 months in 12 months. E) 10 months in 12 months. Blooms level: Knowledge Page Reference: 790 15. Education employs about what percent of state employees? A) 15 B) 25 C) 35 D) 45 E) 55 Blooms level: Knowledge Page Reference: 791 16. The revolving door was limited by A) the Public Utility Regulatory Act. B) co-option. C) sunset legislation. D) legislative budgetary control. E) the Public Utility Commission. Blooms level: Knowledge Page Reference: 793
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17. A sunset review can result in no action, restructuring of, or __________ of an agency. A) censure B) mandatory policy review C) co-option D) fining E) abolishment Blooms level: Knowledge Page Reference: 793 18. Most sunset bills A) call for the termination of an agency. B) schedule the termination of an agency. C) recommend modifications to an agency. D) give an agency a final warning. E) are meant to be taken as a threat to an agency. Blooms level: Knowledge Page Reference: 793794 19. Texas has avoided following the hiring practices of the Civil Services Commission, which is based on A) patronage. B) merit. C) want ads. D) decentralization. E) no one method. Blooms level: Knowledge Page Reference: 795 20. Hiring state employees is the responsibility of the A) Texas Workforce Commission. B) individual state agencies. C) General Services Commission. D) Civil Service Commission. E) comptroller. Blooms level: Knowledge Page Reference: 795
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True-False Questions 1. Executive branches in which power is shared among different individuals or bodies is called a unitary executive. Blooms level: Knowledge Page Reference: 776 2. Atheists may not become governors of Texas. Blooms level: Knowledge Page Reference: 777 3. Impeachment implements the concept of separation of powers. Blooms level: Application Page Reference: 779 4. Texas governors have the important power of calling an unlimited number of special sessions. Blooms level: Knowledge Page Reference: 779 5. Special sessions are a powerful but risky tool controlled by the governor. Blooms level: Evaluation Page Reference: 779 6. Governor Ann Richards fought to permit private citizens to carry handguns. Blooms level: Knowledge Page Reference: 781 7. The judicial powers of the Texas governor are limited to extradition and mitigating criminal penalties. Blooms level: Knowledge Page Reference: 782783 8. Like vice presidents, lieutenant governors share a ticket with governors in elections. Blooms level: Synthesis Page Reference: 786 9. The comptroller of public accounts is responsible only for tax administration and accounting. Blooms level: Knowledge Page Reference: 787 336
10. The close relationship between regulatory agencies and the industries they regulate brings benefits that outweigh any disadvantages. Blooms level: Evaluation Page Reference: 792 Short Answer Questions 1. List the three main tools that help the Texas governor achieve policy goals, and the positions three major limitations. Blooms level: Evaluation Page Reference: 776783 2. Are the authors justified in calling the executive powers of the lieutenant governor limited? Blooms level: Analysis Page Reference: 786 3. What does Table 23.2 say about the Texas tradition of decentralization? Is the principle still applied? Blooms level: Analysis Page Reference: 790 4. What is the relationship between sunset review and performance reviews? Do they have the same goals and methods? Blooms level: Evaluation Page Reference: 794 5. On balance, would you say that Texass plural executive has achieved the goal of limited government? Blooms level: Evaluation Page Reference: 775795 Essay Questions 1. What strategies have been used by Texas governors to extend the scope and power of their office? Are such strategies sustainable? Blooms level: Evaluation Page Reference: 776784
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2. What is the chief function of the Texas governor? Blooms level: Evaluation Page Reference: 780 3. Comparing the scope and powers of the following executive officialsattorney general, comptroller of general accounts, commissioner of agriculture, and secretary of statedo these positions embody a consistent principle or organizational plan? Blooms level: Synthesis Page Reference: 786788 4. Can it be argued that the growth of an enormous bureaucracy in Texas is the natural outgrowth of the tight limits imposed on the executive branch? Blooms level: Evaluation Page Reference: 776795 5. Considering the existence of the sunset process, evaluate Comptroller John Sharps implementation of performance reviews. Was Sharps action justified? Was it legal? Blooms level: Synthesis Page Reference: 794795
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CHAPTER 24
THE TEXAS JUDICIARY

I. The Texas Court System A. State Courts in the Federal System 1. Ninety seven percent of all litigation in Texas is in the State Court System 2. The federal court system has played a role in protecting civil liberties and redistricting in Texas. B. The Legal Framework of the Judicial System 1. Criminal Cases a. Penal codethe body of law that defines most criminal offenses and the range of punishments that can be assessed. b. Feloniesserious criminal offenses that can be punished by imprisonment and/or fine. c. Misdemeanorsminor criminal offenses that are punishable by fine or a short sentence in a county jail. 2. Civil Cases a. Civil Lawsuita non-criminal legal dispute between two or more individuals, businesses, governments or other entities. b. Statuteslaws enacted by a legislative body. c. Plaintiffindividual or party that initiates a lawsuit. C. The Structure of the Texas Court System 1. Trial courts have original jurisdiction a. They resolve cases being heard for the first time b. They weigh the facts presented by the evidence and apply the law when reaching a decision. 2. Appellate courts have appellate jurisdiction a. Review decisions made by lower courts to determine if the law was properly applied and procedures followed correctly. b. Appellate courts do not consider new evidence and are never the first to hear a case. 3. Texas has a bifurcated court system. a. The Texas Supreme Court is the nine member body that is the court of last resort for civil cases. b. The Texas Court of Criminal Appeals is a nine member body that is the court of last resort for criminal cases. D. Courts of Limited Jurisdiction 1. Municipal Courts a. Courts of limited jurisdiction that hear cases that involve city ordinances and primarily handle traffic tickets. b. Ordinances are local laws enacted by a city council. c. Most municipal court judges in Texas are appointed by the city council.
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E.
F.
G.
H.
2. Justice of the Peace Courts a. Low ranking court with jurisdiction over minor civil disputes and criminal cases. b. They usually have original jurisdiction in civil cases that amount to less than $10,000 and in criminal cases that are punishable by fine only. c. Each county in Texas must have at least one justice of the peace court and larger counties may have up to sixteen. d. Justices of the peace are elected and serve a four-year term. Constitutional County Courts 1. County courts created by the Texas Constitution and presided over by a county judge. 2. County judges are elected county wide for a four year term. 3. The county judge is the chief executive officer of the county and presides over the county commissioners court, the policymaking body of county government. 4. Most urban judges do not perform judicial duties, but some rural judges perform both executive and judicial functions. Many experts argue that one person with both responsibilities violates the principle of separation of powers. Courts of General Jurisdiction 1. The primary trial court in Texas is the district court. 2. It has original jurisdiction in criminal felony cases, and most civil suits. 3. Delays in criminal cases have prompted the widespread use of plea bargains. 4. A Judicial District Board was created to create a more equitable caseload across districts. However, judges that feared that they would lose their jobs prevented major changes. Intermediate Courts of Appeal 1. Intermediate Courts of Appeal review civil and criminal cases from the district courts. 2. There are fourteen intermediate appellate courts in Texas. 3. Panels range from 913 members. 4. Appellate judges are elected to serve six year terms. The Highest Appellate Courts 1. Texas has separate courts of last resort for civil and criminal cases. a. The Texas constitutional framers wanted to fragment political power. b. Another rationale for the two courts of last resort was to expedite criminal cases more quickly. 2. The Texas Supreme Court a. The Texas Supreme Court decides civil disputes. b. They also coordinate the state judicial system. c. There are nine justices who serve staggered six-year terms.
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3. The Texas Court of Criminal Appeals a. This court only handles criminal appeals. b. There are nine justices who serve staggered six-year terms. 4. If a federal question is involved, the US Supreme Court can review decisions of the Texas Supreme Court and the Texas Court of Criminal Appeals. I. Texas Judges 1. Texas has partisan elections for judicial positions (some states have nonpartisan elections for judicial offices). 2. Most Texas judges are white males, but Hispanics and women have made some recent progress. 3. The governor and the county commissioner can fill vacancies if they occur in the middle of the term. The appointed judge has an incumbency advantage if he or she runs for election of the judicial seat. J. Other Participants in the State Judiciary 1. Clerks, bailiffs, and other law enforcement officials assist in court room duties. 2. County attorneys and district attorneys are responsible for prosecuting crimes. 3. Private citizens serve on juries. K. Efforts to Reform the Judicial Process 1. While there have been many recommendations to overhaul the Texas judicial system, only modest changes have been made. 2. Judges, attorneys, court administrators, and some litigants have been able to resist calls for change. II. The Jury System A. The Grand Jury 1. A twelve person panel that reviews the evidence submitted by prosecutors to determine whether to indict or charge an individual for a criminal offense. 2. The theory of using a grand jury system is to ensure that the government has enough evidence to proceed with a criminal prosecution. B. The Petit Jury 1. A trial jury of six in justice of the peace courts or county courts. District courts have twelve person juries. 2. Attorneys are allowed a certain number of peremptory challenges to dismiss some prospective jurors. 3. Unanimous verdicts are needed in criminal cases. Civil disputes can be decided with ten of twelve jurors or five of six jurors. III. Judicial Decision-Making and Controversies A. Appellate Court Procedures 1. Intermediate appellate courts have appellate jurisdiction which means they review specific alleged errors at the trial court level. They do not consider new evidence. 341
B.
C.
D. E.
F. G. H.
2. The Texas Supreme Court Justices examine petitions for review and decide which cases to hear and which cases to uphold lower court decisions. 3. The Texas Supreme Court may issue writs of mandamusan order directing lower courts or another public official to take a certain action. Judicial Concerns and Controversies 1. Lawyers and interest groups have contributed large amounts to judicial campaigns. 2. Minorities are under represented in the Texas judicial system. 3. Lengthy ballots make voting intelligently on judicial races difficult. Judicial Activism 1. Historically, conservative, business oriented Democrats have dominated the Texas judiciary. These judges tended to give very narrow interpretations of the law. 2. Starting in the 1970s, trial lawyers became more active in judicial campaigns. Many new justices favored the rights of the consumers over business concerns. 3. When either the business community or the trial lawyers dont like a decision made by the judiciary, they commonly complain that the courts have exceeded their authority. Judicial ImproprietySince the 1980s, several Texas judges have been guilty of judicial impropriety for improperly meeting with litigants or accepting trips or accepting large campaign contributions. Campaign Contributions and Republican Gains 1. A political realignment and large campaign contributions have helped pro business Republicans get elected to the Texas judiciary. 2. Reformers have advocated that the current judicial election system be replaced with merit selection. Merit selection involves gubernatorial appointments to the judicial branch with periodic retention elections. Legislative Reaction to Judicial ActivismThe business community has convinced the legislature to enact tort reform laws that limit personal injury lawsuits. Winners and LosersAccording to Texas Watch (a consumer advocacy group), business and medical interests have fared better under the Texas judicial system than workers and consumers. Minorities and the Judicial System 1. African Americans and Hispanics have had difficulty winning judicial races. a. Judicial campaigns have become costly. b. Voting has often been along racial or ethnic lines. c. Minority voting in judicial races has been low. d. Texas has a shortage of minority lawyers. 2. A US Supreme Court decision in 1991 argued that the Voting Rights Act did apply to judicial elections. However, the US Supreme Court did not declare at-large elections unconstitutional.
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I. Minority Judicial AppointmentsRecent Texas governors have placed a higher priority in appointing African Americans or Hispanics to judicial vacancies. J. Women in the JudiciaryWhile there have been more women appointed or elected to judicial positions in Texas during the last two decades; women are still under represented in the Texas judiciary. K. The Search for Solutions 1. Texas is one of eight states that have partisan judicial elections. 2. Some reformers have advocated the merit selection plan (Missouri plan), which would constitute gubernatorial appointments with judicial retention elections. 3. To increase the number of minorities in the judiciary, some reformers have advocated district elections instead of at-large elections. IV. Crime and Punishment A. Federal courts have required states to follow certain procedures when prosecuting criminal suspects. B. Criminal suspects may waive their right to a jury trial except in capital murder cases. C. Texas uses the death penalty more than other states. D. Probation and parole are used for some convicted criminals to ease the pressures on the prison system. V. Politics and the Courts A. Politics and the Judiciary 1. Prosecutors and trail judges are concerned about convictions being reversed. Too many reversals could hurt their reelection chances. 2. Civil libertarians and minority groups monitor the courts to assure that the rights of defendants are protected. 3. Republicans made large gains in winning judicial races in the 1990s. 4. The federal courts have reversed some Texas death penalty cases because of trial errors. B. The Court and Education 1. In Edgewood v. Kirby (1989), the Texas Supreme Court ruled that the property tax system of financing schools had created vast disparities in resources. 2. School finance reform proposals have been challenged by both wealthy school districts and poor school districts. 3. Recent state Supreme Court decisions have been divided on the adequacy of reforms. C. The Courts and Abortion Rights 1. The Texas courts have had to balance free speech rights with the rights of the abortion clinics to conduct business and the rights of women seeking pregnancy or abortion services. 2. Texas state laws require that a minor receive parental consent for an abortion. Minors may seek a judicial bypass instead of notifying parents.
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TERMS felonies misdemeanor penal code civil lawsuits statutes plaintiff original jurisdiction appellate jurisdiction municipal courts ordinances de novo justice of the peace court constitutional county court statutory county courts district court plea bargaining courts of appeal Texas supreme court Texas court of criminal appeals grand jury prosecution indictment information petit jury veniremen peremptory challenge petition for review writ of mandamus merit selection tort reform judicial activism Missouri plan retention elections ward politics Miranda ruling nolo contendre capital murder probation parole
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USING YOUR UNDERSTANDING 1. Find one recent case decided by the Texas Supreme Court and one recent case decided by the Texas Court of Criminal Appeals. For each court case, write an essay responding to the following questions. a. What was the case about? b. Who wrote the majority opinion? Who wrote the minority opinion? c. Which justices voted in the majority? Which justices voted in the minority? d. What did the MAJORITY opinion say? e. Identify at least one part of the state constitution that was discussed in the majority opinion. f. What did the MINORITY opinion say? g. Identify at least one part of the state constitution that was discussed in the minority opinion. h. On the opinions, were there any references to the US Constitution? What were they and why were they incorporated in the Texas Court opinions? FURTHER RESOURCES Belbot, Barbara. Guide to Criminal Law for Texas. Belmont: Wadsworth, 2004. Dowling, Jerry L. Criminal Law: Modern American Practice. Upper Saddle River: Prentice Hall, 2008. Kinch, Sam, and Susan Borreson Brewer. Crapshoot Justice: Politics, Money, and the Texas Judiciary. Waco, TX: Eakin Press, 2004. McCall, Madhavi. Politics of Judicial Elections: The Influence of Campaign Contributions on the Voting Patterns of Texas Supreme Court Justices, 19941997. Politics & Policy 31 (2003). Utley, Robert M. Lone Star Lawmen: The Second Century of the Texas Rangers. Berkley Trade, 2008. Crime in Texas. Texas Department of Public Safety. <http://www.txdps.state.tx.us/ administration/crime_records/pages/crimestatistics.htm>. Texas Center for the Judiciary. <http://www.yourhonor.com/>. Texas Courts Online. <http://www.courts.state.tx.us/>.
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PRACTICE TESTS Multiple Choice Questions 1. A civil lawsuit does not involve A) ordinary citizens. B) a crime. C) governments. D) a corporation. E) lawbreaking. Blooms level: Comprehension Page Reference: 802 2. The current judicial system of Texas was established in A) 1876. B) the 1920s. C) 1965. D) 1992. E) 2003. Blooms level: Knowledge Page Reference: 802 3. The power of _____________can be said to be the power of granting access to the legal system. A) justice of the peace B) most justices C) appellate jurisdiction D) final jurisdiction E) original jurisdiction Blooms level: Comprehension Page Reference: 803 4. One sign of the desire for a limited chief executive is that the state justices are almost always A) elected. B) appointed by the governor, but for short terms. C) appointed by the governor for life terms. D) appointed by the lieutenant governor. E) elected for life. Blooms level: Knowledge Page Reference: 803
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5. Justices of the peace operate at the _______ level. A) municipal B) county C) state D) regional E) district Blooms level: Comprehension Page Reference: 803 6. The number of municipal courts is about the same as that of A) justice courts. B) supreme courts. C) district courts. D) probate courts. E) appellate courts. Blooms level: Analysis Page Reference: 804 7. The size and complexity of the county court system arises from A) the constitution. B) the 1845 constitution. C) demographic developments. D) legislative interference. E) special interests Blooms level: Knowledge Page Reference: 805 8. The duties of county judges can be said to violate A) the principle of separation of powers. B) ethical rules. C) federal law. D) county law. E) state law. Blooms level: Knowledge Page Reference: 805 9. The relationship between district courts and county courts A) never overlaps. B) is not formulaic. C) is conflictive. D) was systematically developed. E) derives from the constitution. Blooms level: Knowledge Page Reference: 806 347
10. The work of the Judicial Districts Board can be said to have been A) successful. B) only partially successful. C) co-opted. D) perverted. E) destroyed. Blooms level: Knowledge Page Reference: 806 11. The 1989 Texas Research League study found that the Texas court system A) needed minor modifications. B) required minor changes. C) was sound but in need of updating. D) was weak. E) was fundamentally flawed. Blooms level: Knowledge Page Reference: 809 12. A grand jury precedes a criminal trial and not a civil trial, because the former A) is more liable to error. B) is more easily swayed by influence. C) is more common. D) is more costly. E) carries greater penalties. Blooms level: Comprehension Page Reference: 810 13. Peremptory challenges are used by plaintiffs and defendants attorneys to A) screen jurors. B) summon witnesses. C) cross-examine. D) indict. E) question witnesses. Blooms level: Knowledge Page Reference: 811 14. For a case to be heard by a supreme court, one of the parties to the lower court case must file a(n) A) writ of mandamus. B) petition for review. C) brief. D) indictment. E) information. Blooms level: Knowledge Page Reference: 812 348
15. Strict construction in the courts can be said to be an outgrowth of the Texas _______ subculture. A) judicial B) big government C) individualistic D) traditionalistic E) moralistic Blooms level: Application Page Reference: 813 16. A merit selection system for judges, such as the advocated by former Chief Justice John Hill, would include appointments by the governor and A) approval by the legislature. B) approval by other justices. C) retention elections. D) recall elections. E) no elections. Blooms level: Knowledge Page Reference: 814 17. Alberto Gonzales, the second Hispanic supreme court justice in Texas, was later A) U.S. attorney general. B) federal marshall. C) governor of the state. D) lieutenant governor. E) a U.S. Supreme Court justice. Blooms level: Knowledge Page Reference: 817 18. Texas is among only ____ states that have partisan elections for judges. A) 4 B) 5 C) 6 D) 7 E) 8 Blooms level: Knowledge Page Reference: 819
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19. The U.S. Supreme Court halted executions in all states in 1972, claiming they were A) unnecessary. B) partisan. C) cruel and unusual. D) outdated. E) un-Christian. Blooms level: Knowledge Page Reference: 820 20. Two areas of the government most involved in the abortion and school finance battles in Texas have been A) the legislature and the executive. B) the legislature and the supreme court. C) the district courts and the legislature. D) the bureaucracy and the legislature. E) the legislature and the electorate. Blooms level: Comprehension Page Reference: 823 True-False Questions 1. The Texas court system dates to the 1861 constitution. Blooms level: Knowledge Page Reference: 802 2. Courts with only appellate jurisdiction are always courts of last resort. Blooms level: Knowledge Page Reference: 803 3. Only Texas and Oklahoma have bifurcated court systems. Blooms level: Knowledge Page Reference: 803 4. The Texas supreme court stands as the pinnacle of the Texas court system. Blooms level: Knowledge Page Reference: 803 5. Municipal court judges in Texas are generally elected. Blooms level: Knowledge Page Reference: 803
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6. The numbers of plea bargains has increased greatly in recent years because of increasing litigation. Blooms level: Knowledge Page Reference: 806 7. The Texas supreme court is the court of last resort for criminal and civil cases. Blooms level: Knowledge Page Reference: 806807 8. Grand juries precede criminal trials. Blooms level: Knowledge Page Reference: 810 9. In the last decades, the influence of the Establishment on the Texas judiciary has been replaced by the influence of trial lawyers. Blooms level: Evaluation Page Reference: 813819 10. Merit selection seems unlikely in Texas, especially since it would give more power to the governor. Blooms level: Evaluation Page Reference: 819 Short Answer Questions 1. How do the different jurisdictions of the various courtsoriginal, appellate, last resort serve to ensure justice? Blooms level: Evaluation Page Reference: 803 2. Why do you think the confusing welter of county courts has not been simplified? Blooms level: Evaluation Page Reference: 805 3. Why is a thorough overhaul of the Texas judiciary unlikely? Blooms level: Evaluation Page Reference: 809 4. Why are campaigns to win seats in the Texas supreme court so hard-fought? Blooms level: Comprehension Page Reference: 814 351
5. Why have so many cases concerning public education come before the courts recently? Blooms level: Evaluation Page Reference: 823 Essay Questions 1. What are the factors that have created such a welter of county courts? Blooms level: Comprehension Page Reference: 805 2. The Texas constitution gave Texas citizens the right to elect judges. What are the benefits and drawbacks of judicial elections? Blooms level: Evaluation Page Reference: 817 3. How has the federal government imposed itself in criminal case proceedings in Texas? Blooms level: Comprehension Page Reference: 820 4. What factors influence a sentence in a criminal case? Blooms level: Comprehension Page Reference: 820821 5. Is the high number of high-profile education cases recently before the Texas supreme court a coincidence or part of other trends? Blooms level: Evaluation Page Reference: 822
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CHAPTER 25
LOCAL GOVERNMENT IN TEXAS

I. Local Government in the Texas Political System A. Municipal Government in Texas 1. Despite the image of rural, open spaces, most Texans live in cities. 2. Dallas, Houston, and San Antonio are three of the largest cities in the United States. 3. Five of Texas largest cities have minority populations of 50 percent or more. B. General-Law and Home Rule Cities 1. General law cities have less than 5,000 residents and may only exercise power specifically granted to them by the legislature. 2. Home rule a. Cities have more than 5,000 residents and are allowed to choose their type of government provided it does not conflict with the state constitution or state law. 3. In home rule cities, voters adopt a charter (like a Constitution) under which the city operates. C. Forms of City Government in Texas 1. Mayor-Council a. Legislative function is performed by elected city council members. b. Executive function is performed by an elected mayor. (1) Weak Mayor System (a) A weak mayor has little power in initiating or implementing policy or in appointing administrators (b) Other city administrators may be elected. (c) Most Texas cities have weak mayors. (2) Strong Mayor System (a) Strong mayors have more power to appoint and remove administrators. (b) Houston is the only major city in Texas to have a strong mayor system. 2. City Commission a. Originally designed to minimize partisanship and to take a business approach to government. b. Legislative and administrative functions are combined in a city commission. c. Some cities in Texas use the commission system. Several large cities tried the commission form but replaced it with other municipal systems. d. Critics point out that accountability is difficult and that administering city programs have become more complex for a commission to manage.
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3. Council-Manager a. An elected council makes policy and an appointed professional city manager manages day to day affairs. b. Dallas and San Antonio are the largest cities in Texas that utilize the council manager system. c. Some council manager systems may have a mayor selected from the council to preside over meetings and to have a symbolic role. d. The distinction between policy making and administration is not always clear, as city managers can be influential in formulating policies for the council to consider. II. Municipal Election Systems A. Nonpartisan City Elections 1. Candidates for local office do not represent a political party. 2. Nonpartisan elections usually help the socioeconomic elite because the lack of party labels that provide information cues is unavailable to help voters. B. At-large Elections 1. Office holders are elected by the whole city, district, or special purpose district (in contrast to single member districts or wards). 2. At large systems usually make it more difficult for minorities to get elected. C. Single Member Districts 1. The city is divided into geographic districts where one person is elected to represent each district. 2. Some cities require runoff elections if no candidate receives a majority. D. Legal Attacks on at-large Elections 1. Various associations representing minority groups have usually been successful in federal court in challenging at large districts. 2. After many cities changed their electoral system, minority representation in local government improved. III. City Budgeting and Urban Challenges A. City Budgets 1. Texas cities have limited options in raising revenue. a. They receive no appropriations from the state. b. Cities depend on regressive taxes such as property taxes or user fees. c. The state of Texas limits the property tax rates cities can impose. 2. Cities often fund construction projects or infrastructure improvements with general obligation bonds or revenue bonds. B. Urban Problems in Texas 1. Graying of Texas Cities a. As the population ages, there are greater demands on local government.
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2.
3. 4. 5.
b. Many local governments provide homestead exemption to provide property tax relief to citizens more than 65. Younger citizens must shoulder higher tax increases. White Flight a. Low income minority populations demand more public services. b. Cities have a lower tax base to fund programs because affluent whites have moved to the suburbs. Declining Infrastructures Crime and Urban Violence State and Federally Mandated Programs a. Mandates are laws or regulations enacted by a higher level of government that compels lower levels of government to carry out a specific function. b. Many mandates on local governments do not include additional funding from the higher levels of government. c. Federal and state officials can get credit for providing services or solving problems without having to incur the costs if local governments are required to pay for them.
IV. County Government in Texas A. Role of CountiesCounties in Texas only carry out functions granted to them by the state. B. Structure of County Government 1. County government is a reflection of Jacksonian democracy and reaction to the Radical Reconstruction after the Civil War. 2. The commissioners court is the principal policymaking body for county government in Texas. C. The Commissioners Court and County Judge 1. The commissioners court comprises a county judge who is elected state wide and four commissioners elected from four county precincts. 2. In many rural counties, the county judge performs a judicial as well as an executive function. D. County Clerk 1. The county clerk is an elected position that serves as the clerk of the commissioner court and the county courts. 2. Some of the duties include keeping vital statistics, issuing marriage licenses, and administering elections. E. District ClerkAn elected position that assists the district court by maintaining custody of court documents and records. F. County and District AttorneysThey represent the state at the local level in criminal and civil cases. G. Tax Assessor-Collector 1. An elected official who determines who owns property, how much tax is owed on that property, and then collects the tax. 2. Property tax appraisals are done by an appraisal district.
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H. County Law Enforcement 1. The sheriff is the chief law enforcement official of a county. 2. Constables serve subpoenas, execute judgments of the court, and deliver other legal documents. 3. The commissioners court appoints a medical examiner to determine the cause of death in a murder case or deaths in suspicious circumstances. 4. If a county does not have a medical examiner, the justice of the peace may conduct an inquest to determine if an autopsy is needed. I. County Auditor 1. The county auditor is appointed by the district judge for a two-year term. 2. The auditor reviews every bill and expenditure to assure its correctness and legality. 3. In large counties, the auditor is the budget officer and prepares the county budget for consideration by the commissioners court. 4. In smaller counties, the commissioners court prepares the budget based on the estimates of the auditor. J. County Treasurer 1. The county treasure is responsible for receiving and disbursing funds. 2. Some counties have eliminated this position and transferred duties to the county auditor. K. Criticisms of County Government 1. Some counties are more efficient or more effective in administering state programs than others. 2. Counties rely heavily on property taxes for revenue, but the state limits the ability of counties to adjust property tax rates. 3. Spoils system a. A system of filling government jobs with friends or other politically connected individuals, regardless of their abilities. b. Historically, county courthouses have been associated with the spoils system. 4. Civil service system a. Public employees are hired on the basis of their skills and qualifications. b. Applicants must take competitive examinations. c. Public employees have job security from one election to the other. A public employee cannot lose his or her job on the basis of new elected officials in office. V. Special Districts and Councils of Government A. Functions and Structures 1. Special districts are units of local government created by the state to perform a specific function, such as school districts, drainage districts, or sanitation districts. 2. Some special district board members are elected in non partisan elections. Other single district boards are appointed.
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B.
C. D. E.
F.
3. Some special districts have taxing authority and other districts depend on other governments for funding. 4. Residents of a developing community often want or need certain public services, but dont want to create a new city or be part of another one. Joining a single member district can provide some of those services. Consequences of Single Purpose Districts 1. Single purpose districts create more fragmentation of government. A comprehensive, multipurpose government may be able to provide services more efficiently. 2. Some special districts may not be able to retain the technical expertise needed. 3. Some special districts expand their functions from their original purpose. These may lead to intergovernmental conflict and duplication of costs. 4. With the exception of school districts, citizens are unaware of many special districts and dont keep them accountable. Independent School Districtsthe state constitution allows cities and towns to create independent school districts. Inequities in the Public Education System Local School Governance 1. School board elections are non partisan elections. Terms of school board members vary by school district. 2. School districts with significant minority populations have shifted from atlarge elections to single-members district elections. 3. Voter turnout in most school board elections is low and many races are uncontested. 4. School districts are similar to the council-manager system. The board selects a school superintendent to administer the day to day activities. Councils of Government 1. Councils consisting of representatives of other governments in a defined region to deal with regional issues that require coordination among several localities. 2. Water issues, land use, and transportation issues often require the cooperation of many governments. 3. Councils of government are not binding on local governments. They do not have taxing or police powers.
VI. Solutions to the Problems of Local Government A. Privatization of Functions 1. Contracting by government with private companies to provide some public services in hopes that the services can be provided at lower costs. 2. Garbage pickup, waste disposal, and towing are examples of services that have been privatized. B. Annexation and Extraterritorial Jurisdiction 1. Annexation is the ability of a city to expand its boundaries. 2. In Texas, cities have significant power to annex unincorporated areas.
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C.
D.
E. F. G.
3. The power to annex enables cities to control future development before surrounding areas become independent municipalities. Modernization of County GovernmentRecommendations: 1. enacting county home rule 2. granting counties some legislative making authority 3. creating an office of county administrator 4. extending civil service to all county employees Economic Development 1. Local governments can offer prospective businesses tax abatements to relocate in their city. 2. The state of Texas has allowed counties to form industrial development corporations or enterprise zones where some state regulations may be relaxed. Interlocal Contractingmany smaller governments enter into contracts with larger governments to provide public services. Metro Government and ConsolidationLocal government in which city and county governments consolidate to avoid duplication of public services. Public Improvement Districts 1. Public improvement districts can take on a wide range of improvements such as streets, libraries, or water facilities. 2. Budgets and assessments must be approved by the city, but private companies can manage the public improvement districts.
TERMS general-law cities home rule charter mayor-council weak mayor strong mayor city commission council-manager non-partisan elections at-large elections place system runoff elections single member districts regressive taxes roll back elections general obligation bonds revenue bonds infrastructure mandate commissioners court 358
county judge county clerk district clerk district attorney tax assessor-collector sheriff constable subpoenas medical examiner inquest county auditor county treasurer spoils system civil service system special districts independent school districts school boards school superintendent councils of government privatization annexation extraterritorial jurisdiction tax abatements metro government interlocal contracting public improvement district USING YOUR UNDERSTANDING Reread the section on urban problems. How is your city handling these issues? Examine a neighboring city in Texas and compare and contrast how they are dealing with these issues. Are they seeking support from state or federal sources? Are they cooperating with other local governments to deal with those problems? FURTHER RESOURCES Deckman, Melissa M. School Board Battles: The Christian Right in Local Politics. Washington DC: Georgetown University Press, 2004. Duany, Andres, Elizabeth Plater-Zyberk, and Jeff Speck. Suburban Nation: The Rise of Sprawl and the Decline of the American Dream. North Point Press, 2001. Feiock, Richard C., ed. Metropolitan Governance: Conflict, Competition, and Cooperation. Washington DC: Georgetown University Press, 2004. 359
Kemp, Roger L., ed. Forms of Local Government: A Handbook on City, County and Regional Options. Boston: McFarland, 2007. Morgan, Ruth P. Governance by Decree: The Impact of the Voting Rights ACT in Dallas. Lawrence: University Press of Kansas, 2004. Pelissero, John P., ed. Cities, Politics, and Policy: A Comparative Analysis. Washington DC: C Q Press, 2002. Valle, Victor M., Rodolfo D. Torres, and Saskia Sassen. Latino Metropolis. Minneapolis: University of Minnesota Press, 2000. Mapstats: Texas. <http://www.fedstats.gov/qf/states/48000.html>. Official Portal of Texas: Cities. <http://www.texasonline.com/portal/tol/en/gov/11/1>.
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PRACTICE TESTS Multiple Choice Questions 1. Texas counties were given home rule authority _______ Texas cities. A) 23 years before B) 32 years before C) 23 years after D) 32 years after E) at the same time as Blooms level: Knowledge Page Reference: 832 2. All of the following may be established by a home rule charter EXCEPT A) a general-law city. B) a municipal governing body. C) municipal elections. D) a city tax structure. E) municipal courts. Blooms level: Knowledge Page Reference: 833 3. The executive of most Texas cities can be said to resemble that of A) the United States. B) Texas counties. C) the state. D) most corporations. E) the supreme court. Blooms level: Evaluation Page Reference: 833 4. Given the political traditions of Texas, it is not surprising that the _________ is the most common form of municipal government in Texas, having a neat hierarchy and a weak executive. A) mayor-council B) strong mayor C) council-manager D) weak mayor E) city commission Blooms level: Comprehension Page Reference: 834
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5. The city commissioner form of government may be said to embody what attitude towards government? A) hostile B) conciliatory C) partisan D) trusting E) skeptical Blooms level: Evaluation Page Reference: 834 6. The council-manager form of municipal government can be said to be naturally nonpartisan, since it was based on a _________, not a __________model. A) legal, business B) political, business C) business, political D) political, municipal E) business, municipal Blooms level: Knowledge Page Reference: 835 7. In council-manager cities, the mayor is least likely to be influential when he is chosen A) from among the council members. B) from among the commissioners. C) by voters. D) by the manager. E) by the city clerk. Blooms level: Comprehension Page Reference: 835 8. Most power in the council-manager form of government resides with the A) manager. B) mayor. C) city auditor. D) city clerk. E) city council. Blooms level: Evaluation Page Reference: 835837
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9. Most city council members in Texas are elected in _______ elections. A) runoff B) at-large C) single-member D) district E) precinct Blooms level: Knowledge Page Reference: 838 10. White flight has led to _________in many Texas cities. A) older average ages. B) smaller minority populations C) larger minority populations D) more affluence E) less demand for public services Blooms level: Knowledge Page Reference: 841 11. The decline in property values has been especially problematic for Texas cities because of its impact on their use of A) bonds. B) taxes. C) transportation. D) public housing. E) streets. Blooms level: Comprehension Page Reference: 842 12. The ten smallest counties in Texas have all ______ population since 1980. A) lost most of their B) lost some of their C) neither lost nor gained D) increased their E) dramatically increased their Blooms level: Analysis Page Reference: 844
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13. The role of the county commissioners court is A) judicial. B) peace-keeping. C) administrative. D) legislative. E) rule-making. Blooms level: Knowledge Page Reference: 845 14. Which of the following was implemented to end corruption in the process of tax assessment? A) tax collector-assessors B) appraisal districts C) county clerks D) district clerks E) single-member districts. Blooms level: Comprehension Page Reference: 846 15. Most of the special districts in Texas that dont deal with schools, deal with A) property rights. B) transportation. C) mineral extraction. D) water. E) oil. Blooms level: Knowledge Page Reference: 848 16. Texas school districts range from over 200,000 students to A) 2000. B) 200. C) 20. D) 10. E) none. Blooms level: Knowledge Page Reference: 849
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17. It can be said that it is the job of the school board to hire a superintendent and then allow that officer to A) set policy. B) run the schools. C) manage the board. D) report to the state. E) hire teachers. Blooms level: Comprehension Page Reference: 850 18. Part of the impetus for the creation of councils of government in Texas came from A) county laws. B) municipal ordinances. C) federal regulations. D) state laws. E) special district regulations. Blooms level: Knowledge Page Reference: 850 19. Texas councils of government provide ______ for their members. A) revenue B) a tax base C) support D) governmental models E) law codes Blooms level: Comprehension Page Reference: 850 20. Houston currently covers about___ square miles. A) 280 B) 380 C) 480 D) 580 E) 680 Blooms level: Knowledge Page Reference: 854
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True-False Questions 1. Texas cities first won home rule authority at the constitutional convention of 1875. Blooms level: Knowledge Page Reference: 832 2. The strength or weakness of a mayor is determined largely by the incumbents experience and personality. Blooms level: Knowledge Page Reference: 833 3. One problem with the city commission form of city government is its tendency to hinder leadership. Blooms level: Knowledge Page Reference: 834 4. In Texas, the city commission form of government has largely been replaced by the council-manager form. Blooms level: Knowledge Page Reference: 734 5. Partisan elections are the rule in Texas cities. Blooms level: Knowledge Page Reference: 838 6. Municipalities can fund projects by the use of revenue bonds, to be paid back by fees for use of the facility to be built. Blooms level: Knowledge Page Reference: 840 7. The federal government and the Texas state government are not allowed to require cities to undertake projects without also providing them with funding. Blooms level: Knowledge Page Reference: 842843 8. Texas ranks third among all states ranked by number of counties. Blooms level: Knowledge Page Reference: 844 9. Sheriffs and constables typically fulfill law-enforcement and administrative roles in rural counties. Blooms level: Knowledge Page Reference: 846 366
10. Councils of government are similar to special districts in having similar powers. Blooms level: Knowledge Page Reference: 850 Short Answer Questions 1. Evaluate the strengths and weaknesses of the mayor-council form of city government in Texas. Blooms level: Evaluation Page Reference: 833834 2. Given the historical preference in Texas for a weak executive, is it surprising that the mayor-council form of municipal government is by far the most common? Blooms level: Synthesis Page Reference: 833 3. What challenges confront Texas cities today? Which do you consider the most critical? Blooms level: Knowledge Page Reference: 840843 4. List the county officials that you think are the most powerful. Justify your choices. Blooms level: Analysis Page Reference: 845847 5. Has privatization allowed cities to meet new challenges? Give an example, and explain how privatization worked in that example. Blooms level: Evaluation Page Reference: 854 Essay Questions 1. If you had to draw parallels between state and municipal government in Texas, which model of city government would you use? Why? Blooms level: Synthesis Page Reference: 832837 2. How do municipal finances work, and what tools are available to fund projects? Has privatization increased the options available? Blooms level: Synthesis Page Reference: 840; 854855
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3. While counties in Texas all have the same basic governmental structure, they vary widely in population and in urbanization. How might a resident of Loving County view county government and services, as opposed to a resident of Harris County? Blooms level: Evaluation Page Reference: 844 4. Is the large number of special districts in Texas3,300a sign of the flexibility of the state constitution, or a sign that local government needs overhauling? Justify your answer. Blooms level: Evaluation Page Reference: 848 5. For municipalities trying to change in the face of changing circumstances, what tools for example, extraterritorial jurisdictiondo you think will be most helpful to them? Blooms level: Evaluation Page Reference: 853
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Shea Green Smith

For National and Texas Editions

Longman is an imprint of www.pearsonhighered.com ISBN: 0-136-02768-7

AMERICAN GOVERNMENT: DEMOCRACY IN ACTION

EARLY GOVERNANCE AND THE CONSTITUTIONAL FRAMEWORK

POLITICAL SOCIALIZATION AND PUBLIC OPINION

THE POLITICS OF THE MEDIA

CIVIC AND POLITICAL ENGAGEMENT

ELECTIONS AND PARTICIPATION IN AMERICA

PUBLIC POLICY IN THE UNITED STATES

MAKING ECONOMIC POLICY

FOREIGN AND NATIONAL SECURITY POLICY

THE SOCIAL AND ECONOMIC MILIEU OF TEXAS POLITICS

THE TEXAS CONSTITUTION

INTEREST GROUPS, POLITICAL PARTIES, AND ELECTIONS IN TEXAS

THE TEXAS LEGISLATURE

THE TEXAS EXECUTIVE AND BUREAUCRACY

THE TEXAS JUDICIARY

LOCAL GOVERNMENT IN TEXAS

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