CONSTITUTIONAL UNDERPINNINGS

THE SOCIAL CONTRACT and NATURAL RIGHTS PHILOSOPHY A seventeenth century English thinker of the 1600s - John Locke - believed that in the state of nature people are naturally free and e ual! but that freedo" led inevitably to ine uality! and eventually to chaos# $e argued that people have natural rights fro" the state of nature that include the right to life! liberty! and property# %n his Second Treatise of Government! Locke stated that people for" govern"ents to protect these natural rights! giving up their freedo" to govern the"selves through a social contract bet&een govern"ent and the governed# 'he only valid govern"ent is one based on the consent of the governed# 'his consent creates a social contract - an agree"ent bet&een rulers and citi(ens - that both sides are obligated to honor# %f for any reason the govern"ent breaks the contract through neglect of natural rights! the people have the right to dissolve the govern"ent# John Locke directly influenced the thinking of the founders! as reflected in the )eclaration of %ndependence# DEMOCRATIC THEORY At the ti"e of the founding of the *nited +tates al"ost all other political syste"s in the &orld &ere authoritarian regi"es in &hich rulers fully controlled the govern"ent! and often held s&ay over econo"ic and social institutions as &ell# Democracy is a for" of govern"ent that places ulti"ate political authority in the hands of the people# )e"ocratic theory has t&o basic "odels, Direct democracy - %n this for" of de"ocracy! citi(ens debate and vote directly on all la&s# -any of the .ounders of the *nited +tates &ere skeptical about the ability of the "asses to govern the"selves! being too prone to the influence of de"agogues /charis"atic leaders &ho "anipulate popular beliefs0 and too likely to overlook the rights of those &ith "inority opinion# 'he latter leads to majoritariani m! or the tendency for govern"ent to do &hat the "a1ority of people &ant 23 concerns about "ob rule Re"re entati#e Democracy - 'he .ounders chose to establish a re"$%&ic! or an indirect de"ocracy in &hich people elect representatives to govern the" and to "ake la&s and set policies# 'his for" is also referred to as an indirect democracy' %n the *nited +tates! the people ca"e to hold the ulti"ate po&er through the election process! but all policy decisions &ere to be "ade by elected officials or those that they appoint# Democratic Centra&i m ( +o"e authoritarian regi"es consider the"selves de"ocratic because purport to act in the best interests of the people# 4hile this runs counter to the co""on conception of de"ocracy! it still falls &ithin de"ocratic theory as de"ocratic centralis"#

ELITE THEORY $o& can a republic clai" to be a de"ocracy if only a fe& people actually "ake political decisions! even if they are elected by the people5 E&ite t)eory holds that a representative de"ocracy is not really based on the &ill of the people! but that there is a relatively s"all! cohesive elite class that "akes al"ost all the i"portant decisions for the nation# PLURALIST THEORY Another theoretical perspective is "&$ra&i m! the argu"ent that representative de"ocracies are based on group interests that protect the individual6s interests by representing hi" or her to the govern"ent# 7roups co"pete! bargain and co"pro"ise in their efforts to influence public policy! and policy in turn is the result of that co"petition and co"pro"ise /pluralis" suggests that the resulting policy is thus closer to the public interest than elite rule could be0# 'here are "any access points at &hich groups can affect govern"ent! and any legiti"ate group can influence policy at so"e stage in the process# HYPERPLURALISM Like pluralis"! hyperpluralis" is a group theory of politics# 8ut unlike pluralis"! &hich sees the interaction a"ong groups and govern"ent as positive! hyperpluralis" sees co"petition a"ong po&erful interest groups as a negative# *nder this theory! too "any groups are too po&erful! and under the pressure of co"peting de"ands! govern"ent is paraly(ed and gets nothing done# Either that! or it ends up &ith public policy that is inconsistent or incoherent# THE CONSTITUTION 'he 9onstitution reflects the founders: atte"pt to balance order &ith freedo"# 'hey generally did not believe that people &ere fully capable of ruling the"selves! but they also &anted to check any tendency to&ard "onarchy# 'he 9onstitution is based on five great principles designed to achieve this balance, Po"$&ar So#erei*nty - the basic principle that the po&er to govern belongs to the people and that govern"ent "ust be based on the consent of the governed# Se"aration o+ Po,er - the division of govern"ent6s po&ers into three separate branches, e;ecutive! legislative! and 1udicial C)ec- and .a&ance - a political syste" in &hich branches of govern"ent have so"e authority over the actions of the others# /.ed# <10 Limited Go#ernment - the basic principle that govern"ent is not all-po&erful! and that it does only those things that citi(ens allo& it to do# /9ongress6 enu"erated po&ers! e;tended so"e&hat by the elastic clause0 /edera&i m - the division of govern"ental po&ers bet&een a central govern"ent and the states#

'hese principles resulted fro" the agree"ents and co"pro"ises "ade at the 9onstitutional 9onvention in 1=>=# .AC0GROUND TO THE CON1ENTION )uring the ?evolutionary 4ar! the 9ontinental 9ongress &rote the Artic&e o+ Con+ederation to provide unity for the separate states that loosely for"ed the ne& country# 'he Articles allo&ed state govern"ents to retain their po&ers! and the ne&ly for"ed central govern"ent had severe li"itations, 'he central govern"ent consisted only of a 9ongress in &hich each state &as represented e ually# @o e;ecutive or 1udiciary branches &ere created# 'he central govern"ent could not levy ta;es! even though it &as broke# %t could only re uest "oney fro" the states# 'he central govern"ent could not regulate co""erce bet&een states# 'he states ta;ed each other:s goods and negotiated trade agree"ents &ith other countries# A"ending the Articles re uired unani"ous agree"ent a"ong the states! an unlikely outco"e# +tates had their o&n currencies! "aking trade difficult

4hen the &ar &as over! the i""ediate need for unity &as past! and chaos threatened to undo the ne& nation# +tates uarreled over borders and tariffs! the country &as badly in debt! and foreign countries sa& the lack of a strong central govern"ent as &eakness that could easily be e;ploited# -any leaders began to push for a govern"ent strong enough to settle disputes! to regulate co""erce! and levy li"ited ta;es# An i"portant turning point occurred &hen far"ers in &estern -assachusetts! in debt and unable to pay their ta;es! rebelled against foreclosures! forcing 1udges out of court and freeing debtors fro" 1ails# S)ay2 Re%e&&ion &as eventually controlled! but it encouraged leaders to seek a stronger central govern"ent# THE CONSTITUTIONAL CON1ENTION A*reement and Com"romi e 'he founders: co""on belief in a balanced govern"ent led the" to construct a govern"ent in &hich no single interest do"inated# 'hey &ere concerned &ith the e;cesses of de"ocracy# 'he founders did not include specific voting re uire"ents in the 9onstitution! leaving each state to decide voter ualifications for its citi(ens# A "a1or issue at the convention &as the balance of po&er bet&een the large states and the s"all# 'he large states favored a strong national govern"ent that they believed they could do"inate! and the s"all states &anted stronger state govern"ents that could avert do"ination by the central govern"ent# Com"romi e on Re"re entation -- 'he delegates fro" Airginia opened the 9onvention &ith their 1ir*inia P&an that called for a strong central govern"ent# Although proposed by Ja"es ?andolph! the plan &as al"ost certainly the &ork of Ja"es -adison! &ho! along &ith Ale;ander $a"ilton! reasoned that a suggestion as boldly different fro" the current govern"ent &ould not be accepted! but "ight at least inspire "a1or revisions# 'heir plan succeeded beyond their hopes# 'he delegates took the plan seriously! and began the debate &ith the assu"ption that the central govern"ent &ould be strengthened greatly# 'he plan called for a bica"eral legislature, the larger house &ith "e"bers elected by popular vote and the s"aller! "ore aristocratic house selected by the larger house fro" no"inees fro" state legislatures# ?epresentation in both houses &as to be based on &ealth or population! giving the large states a "a1ority in the legislature# 'he Airginia Blan also called for a national e;ecutive and a national 1udiciary# )elegates fro" the s"all states countered &ith the Ne, 3er ey P&an! presented by 4illia" Baterson# Just as -adison and $a"ilton had hoped! the counter plan did not argue &ith the need for a stronger central govern"ent! giving 9ongress the right to ta;! regulate! and coerce states# 'he legislature &ould be unica"eral! and each state &ould have the sa"e vote# 'he delegates fro" s"all states &ere deter"ined that the ne& legislature &ould not be do"inated by the large states# 8ut the @J plan favored s"all states in that it didn6t take into account the "uch larger population in the large states# 'he debate bet&een large and s"all states deadlocked the 9onvention# .inally! a co""ittee &as elected to devise a co"pro"ise! &hich they presented on July <# T)e Great Com"romi e /also called the Connectic$t Com"romi e0 called for one house in &hich each state &ould have an e ual vote /'he +enate0 and a second house /'he $ouse of ?epresentatives0 in &hich representation &ould be based on population# *nlike the Airginia Blan! the +enate &ould not be chosen by the $ouse of ?epresentatives! but &ould be chosen by the state legislatures# 'he $ouse of ?epresentatives &ould be directly elected by all voters! &hose eligibility to vote &ould be deter"ined by the states# 'he 9o"pro"ise &as accepted by a very sli" "argin! and the 9onvention &as able to successfully agree on other controversial issues# Ot)er Com"romi e 4 Another disagree"ent at the 9onvention &as based on @orthC+outh differences! particularly regarding the counting of slaves for purposes of apportioning seats in the $ouse# 'he +outh &anted to count slaves in order to increase its nu"ber

of representatives! and the @orth resisted# 'he delegates finally agreed on the T)ree-+i+t) Com"romi e! &hich allo&ed southern states to count a slave as three-fifths of a person! allo&ing a balance of po&er bet&een @orth and +outh# Another debate concerned the selection of the president# 'he initial decision &as for the president to be selected by 9ongress! but the delegates &ere concerned about too "uch concentration of po&er in the legislature# Dn the other hand! they feared direct election by the people! especially since the $ouse of ?epresentatives &ere to be popularly elected# 'he 9o"pro"ise &as to leave the selection of the president to an e&ectora& co&&e*e - people selected by each state legislature to for"ally cast their ballots for the presidency# AMENDING THE CONSTITUTION 'he .ounders designed the a"end"ent process to be difficult enough that 9ongress could not add so "any a"end"ents that the original docu"ent &ould end up &ith little "eaning# 'he process re uires action by 8D'$ the national govern"ent and the states before an a"end"ent "ay be passed# /orma& Amendment Pro"o a& met)od A"end"ents "ay be proposed by a ECF vote of each house of 9ongress Dr 9ongress can call a constitutional convention at the re uest of ECF of the states# Rati+ication met)od A"end"ent ratified by specially called conventions in at least FCG of the states# 'his "ethod &as used once - for the E1st A"end"ent that repealed Brohibition - because 9ongress believed that "any state legislatures &ould not vote for it# A"end"ents ratified by at least FCG of the state legislatures# 'he last t&o "ethods have never been used to a"end the 9onstitution#

In+orma& Amendment 'he 9onstitution is &ritten broadly enough that change can occur &ithin our political syste" through interpreting the &ords to fit changing needs and events# All three branches have contributed to infor"al a"end"ent of the 9onstitution# Le*i &at$re - 9ongress has passed la&s that reinterpret and e;pand 9onstitutional provisions# .or e;a"ple! the 9o""erce 9lause allo&s 9ongress to regulate and pro"ote interstate and international co""erce# Dver ti"e! 9ongress has passed "any la&s that define the 9o""erce 9lause! including regulations on for"s of co""erce that didn6t e;ist in 1=>H! such as railroad lines! air routes! and internet traffic# E5ec$ti#e .ranc) - Bresidents "ay negotiate e;ecutive agree"ents &ith other countries! an authority not "entioned in the 9onstitution# 'he 9onstitution re uires that foreign treaties be ratified by the +enate! but e;ecutive agree"ents do not# 'hese agree"ents are used to circu"vent the for"al process! especially for routine "atters that "ight si"ply slo& the &ork of the +enate do&n# 3$dicia& .ranc) - Df all the branches! the 1udiciary has been the "ost influential in interpreting the 9onstitution# Article %%% defines the po&er of the 1udiciary very broadly! but does not specifically "ention j$dicia& re#ie, 6- the po&er of the courts to declare statutes unconstitutional and interpret the 9onstitution &hen disputes arise# 'hat po&er &as first established in Madison v. Marbury in 1>0F! &hen 9hief Justice John -arshall clai"ed 1udicial revie& as a prerogative of the court in his fa"ous "a1ority opinion issued in the case#

.EARD7S CRITICISM O/ THE /OUNDERS 'he founders: interest in protection of property has led so"e scholars to uestion their personal interests as "otives in &riting the 9onstitution# 9harles 8eard argued in An Economic Interpretation of the Constitution, &ritten in 1H1F! that the founders created a constitution that benefited their econo"ic interests# According to 8eard! the "a1or conflicts and co"pro"ises resulted fro" the clash of o&ners of land as property! and o&ners of business or co""ercial interests# -any scholars today disagree &ith 8eard because voting at the 9onvention did not follo& these divisions closely# /EDERALISTS 1ERSUS ANTI/EDERALISTS 'he delegates agreed that the 9onstitution &ould go into effect as soon as popularly elected conventions in nine states approved it# 'he debate over ratification - the for"al approval of the 9onstitution by the states - raged throughout the country! &ith supporters of the ne& govern"ent calling the"selves .ederalists! and their opponents! the Anti-.ederalists# .ederalists supported the greatly increased po&ers of the central govern"ent and believed that the 9onstitution ade uately protected individual liberties# 'he Anti-.ederalists believed that the proposed govern"ent &ould be oppressive and that "ore individual freedo"s and rights should be e;plicitly guaranteed# Ba"phlets! ne&spapers! and speeches supported one vie& or the other#

THE /EDERALIST PAPERS ?atification of the 9onstitution &as defended by the Federalist apers! &ritten by Ale;ander $a"ilton! Ja"es -adison! and John Jay# 'hese docu"ents contain so"e of the "ost basic and brilliantly argued philosophical underpinnings of A"erican govern"ent# '&o fa"ous papers are Federalist !"# and Federalist !$". 'he Federalist !"# argued that separation of po&ers and federalis" check the gro&th of tyranny, %f factious leaders###kindle a fla"e &ithin their particular states### leaders can check the spread of the conflagration through the other states# Like&ise! each branch of the govern"ent keeps the other t&o fro" gaining a concentration of po&er# Federalist !"# also argues that 9onstitutional principles guard against the dangers of a direct de"ocracy# -adison argues that a long-lived de"ocracy "ust "anage its interest groups! even though these factions can never be eli"inated# 'he Federalist !$" e;plained &hy strong govern"ent is necessary! but "ust be controlled, %f "en &ere angels! no govern"ent &ould be necessary# %f angels &ere to govern "en! neither e;ternal nor internal controls on govern"ent &ould be necessary# +o Fed. $" argued in favor of a syste" of checks and balances THE .ILL O/ RIGHTS A co"pro"ise bet&een .ederalists and Anti-.ederalists &as reached &ith the agree"ent to add ten a"end"ents that guaranteed individual freedo"s and rights# 4ith this agree"ent! the 9onstitution &as finally ratified by all the states in 1=>H! and the .i&& o+ Ri*)t &as added in 1=H1# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 Anti-.ederalists Articles of 9onfederation 8ill of ?ights consent of the governed direct de"ocracy An Econo"ic %nterpretation of the 9onstitution elite theory electoral college .ederalist Bapers Federalist !"# .ederalists for"al a"end"ent process 'he 7reat 9o"pro"ise infor"al a"end"ent process 1udicial revie& John Locke natural rights @e& Jersey Blan pluralis" ratification representative de"ocracy +hay6s ?ebellion social contract state of nature 'hree-fifths 9o"pro"ise Airginia Blan

/EDERALISM
.ederalis"! a central feature of the A"erican political syste"! is the division and sharing of po&er bet&een the national govern"ent and the states# 'he balance of po&er bet&een the t&o levels of govern"ent has spa&ned so"e of the "ost intense controversies in A"erican history# UNITARY! /EDERAL! AND CON/EDERAL POLITICAL SYSTEMS All political syste"s "ay be evaluated according to their geographic distribution of po&er# A unitary syste" is one that concentrates all policy"aking po&ers in one central geographic placeI a confederal syste" spreads the po&er a"ong "any sub-units /such as states0! and has a &eak central govern"ent# A federal syste" divides the po&er bet&een the central govern"ent and the sub-units# /EDERALISM AS PRO1IDED IN THE CONSTITUTION )uring the A"erican ?evolution! the states reacted to 8ritain:s unitary syste" by creating the Articles of 9onfederation that gave virtually all po&ers to the states! &ith so"e negative conse uences#

'he fra"ers at the 9onstitutional 9onvention tried to balance the perceived tyranny of the unitary syste" &ith the chaos created by the confederal syste" by outlining a hybrid federal syste" in the 9onstitution# .ederalis"! then! beca"e a "a1or building block for preserving freedo"s &hile still "aintaining order in the ne& nation# En$merated Po,er 8 t)o e "eci+ica&&y identi+ied in Artic&e 9! Section : o+ t)e Con tit$tion' 'he 9onstitution grants the national govern"ent certain delegated po&ers! chief of &hich are the &ar po&er! the po&er to regulate interstate and foreign co""erce! and the po&er to ta; and spend# Enu"erated po&ers are also called e;pressed or delegated po&ers# 'he 4ar Bo&er - 'he national govern"ent is responsible for protecting the nation fro" e;ternal attacks and for declaring &ar &hen necessary# 'oday! defense includes not only "aintaining a standing ar"y! navy! and air force! but also the ability to "obili(e industry and scientific kno&ledge to back the efforts of the "ilitary# 'he Bo&er to ?egulate %nterstate and .oreign 9o""erce - 'he national govern"ent has the responsibility to regulate co""erce bet&een the *#+# and foreign nations! as &ell as trade bet&een states /interstate co""erce#0 'he co""erce clause /Article Dne! +ection >! 9lause F0 gives 9ongress the po&er Jto regulate 9o""erce &ith foreign @ations! and a"ong the several states! and &ith the %ndian 'ribes#J 'he govern"ent regulates a &ide range of hu"an activity! including agriculture! transportation! finance! product safety! labor relations! and the &orkplace# .e& aspects of today:s econo"y affect co""erce in only one state! so "ost activities are sub1ect to the national govern"ent:s constitutional authority# 'he Bo&er to 'a; and +pend - Even &hen 9ongress lacks the constitutional po&er to legislate /for e;a"ple! education and agriculture0! its po&er to appropriate "oney provides 9ongress &ith a great deal of control# 4hen 9ongress finances an undertaking! it deter"ines ho& the "oney &ill be spent# 9ongress "ay threaten to &ithhold funds if a pro1ect does not "eet federal guidelines# %n recent years 9ongress has refused to finance any progra" in &hich benefits are denied because of race! color! or national origin! and "ore recently! gender and physical handicap#

Dther po&ers specifically delegated to the national govern"ent include coining "oney! establishing a postal syste"! and the right of the govern"ent to borro& against its credit# Conc$rrent Po,er All po&ers not granted in the 9onstitution to the national govern"ent are reserved for the states# +tates! ho&ever! "ay hold so"e of the sa"e po&ers that the national govern"ent has! unless they have been given e;clusively to the national govern"ent! either by provision of the 9onstitution or by 1udicial interpretation# 9oncurrent po&ers are those that both national and state govern"ents hold# E;a"ples are the concurrent po&ers of levying ta;es and establishing and "aintaining separate court syste"s# Even so! federalis" li"its state po&ers in that states cannot Junduly burdenJ their citi(ens &ith ta;es# @either can they interfere &ith a function of the national govern"ent! nor abridge the ter"s of a treaty of the *nited +tates govern"ent# Re er#ed Po,er ?eserved po&ers are those not granted to the national govern"ent and are thus held by the states alone# 'hey are not listed /as delegated po&ers are0! but they are guaranteed by the 10th A"end"ent as reserved to the states respectively! or to the people# ?eserved po&ers include establishing local govern"ents and regulating trade &ithin a state# +tates also have police po&er the authority to legislate for the protection of the health! "orals! safety! and &elfare of the people# $o&ever! because these po&ers are not listed in the 9onstitution! there is so"eti"es a uestion about &hether certain po&ers are delegated to the national govern"ent or reserved for the states# T)e ;Nece ary and Pro"er De%ate< ?eali(ing that they could not "ake a co"prehensive list of po&ers for the national or the state govern"ents! the founders added to Article % the Jnecessary and proper clause# 'his clause states that 9ongress shall have the po&er Jto "ake all la&s &hich shall be necessary and proper for carrying into e;ecution the foregoing po&ers#J $a"ilton:s argu"ents for national supre"acy relied heavily on the Jnecessary and properJ /or elastic0 clause# Jefferson:s states rights point of vie& rested partially on the 10th A"end"ent that reserves po&ers to the states# McCULLOCH V. MARYLAND )uring the early 1Hth century! the +upre"e 9ourt tipped the balance of the debate to national supre"acy! the point of vie& that the national govern"ent should have relatively "ore po&er than the states# 9hief Justice John -arshall advocated this vie& in a series of decisions! including the influential 1>1H case kno&n as McCulloch v. Maryland. 'he case arose &hen Ja"es -c9ulloch! the cashier of the 8ank of the *nited +tates in 8alti"ore! refused to pay a ta; levied on the bank by the state of -aryland# 4hen state officials arrested hi"! -c9ulloch appealed to the +upre"e 9ourt# 'he 9ourt:s opinion set an i"portant precedent that established national supre"acy over states rights# 'he case uestioned the right of the federal govern"ent to establish a bank! since no such right is enu"erated in Article %# -arshall settled on a loose interpretation /loose construction0 of the elastic clause! concluding that 9ongress had a broad i"plied po&er to act &here necessary and proper /helpfulCconvenient! not absolutely necessary0 to its e;ercise of an enu"erated po&er#

-arshall ruled the -aryland la& that established the ta; unconstitutional because the bank &as legal! and per"itting -d# to ta; the bank &ould give -d# too "uch po&er to intervene &ith! and even destroy! a part of the national govern"ent# 'he po&er to destroy a federal agency &ould give the state supre"acy over the federal govern"ent! so the states "ay not ta; a federal agency# %n su", -c9ulloch v# -d# took a broad vie& of i"plied po&ers and concluded that &hen 9ongress e;ercises those po&ers! any la& or action by a state that conflicts &ith those po&ers violates the +upre"acy 9lause# THE =COMMERCE CLAUSE= 'he "eaning of the co""erce clause &as at issue in the 1>EG 7ibbons vs# Dgden case# Aaron Dgden had been given e;clusive license by the state of @e& Kork to operate stea"-po&ered ferryboats bet&een @e& Kork and @e& Jersey# 'ho"as 7ibbons obtained a license fro" the *#+# govern"ent to operate boats in the sa"e area! and &hen he decided to co"pete &ith Dgden! Dgden sued! and the case &ent to the +upre"e 9ourt# John -arshall &rote the "a1ority opinion in the case! an e;pansive interpretation of the co""erce clause that increased the national govern"ent6s authority over all areas of econo"ic affairs# -arshall defined co""erce as all business dealings! not 1ust the transfer of goods! and he ruled that the national govern"ent could regulate &ithin states6 1urisdiction# E5"an ion o+ t)e Commerce C&a$ e 4ith the boo"ing %ndustrial ?evolution of the late 1>00s! the debate over the balance of po&er bet&een state and national govern"ent focused on the interpretation of the co""erce clause! &hich gives 9ongress the po&er Jto regulate 9o""erce &ith foreign @ations! and a"ong the several +tates! and &ith the %ndian 'ribes#J At first! the 9ourt tried to distinguish bet&een interstate co""erce! &hich 9ongress could regulate! and intrastate co""erce! &hich only the states could control# 8ecause "ost co"panies participate in both types of co""erce! the 9ourt had a great deal of trouble distinguishing bet&een the t&o# %f a co"pany is canning vegetables! so"e of &hich &ill be shipped &ithin the state! and so"e outside the state! should different regulations apply to canning the sa"e product5 %s a ship"ent destined for another state under state control as long as it travels to the border5 At &hat point does it beco"e interstate co""erce5 %n general! 9ongress has the po&er to act &here the activity being regulated has a substantial effect on interstate co""erce / NLRB v. Jones & Laughlin Steel Co. >9?@A0# -oreover! in assessing &hether a given activity has a substantial effect on interstate co""erce! the court &ill "easure not 1ust the i"pact of one e;a"ple of that activity! but the aggregate effect of all instances of that activity /the &hat if everyone did it5 analysis0 / ic!a"# v. $il%u"n >9?BCD0# Dver the years! 9ongress6 po&er to regulate interstate co""erce has been interpreted "ore and "ore broadly! so that today! the national govern"ent regulates a &ide range of co""ercial activities! including transportation! agriculture! labor relations! finance! and "anufacturing# Al"ost no type of co""erce is controlled e;clusively by the states! and the current 9ourt interpretation of co""erce la&s is e;tre"ely co"ple;# T)e Commerce C&a$ e and Ci#i& Ri*)t 'he 9o""erce clause also has been used to sustain legislation outside of co""ercial "atters! as in the 1H6G the +upre"e 9ourt! in Hea"t o& Atlanta Motel v. US >9?EB0! &hich upheld the 1H6G 9ivil ?ights Act forbidding discri"ination based on race in public acco""odations on 9o""erce 9lause grounds# )iscri"ination affects interstate co""erce! so 9ongress constitutionally could legislate against discri"ination# 'his is considered a loose interpretation of the co""erce po&er# Reinin* in t)e Commerce Po,er +ince the 1HH0s the +upre"e 9ourt has been li"iting the national govern"ent6s po&er under the co""erce clause# %n Unite# States vs. Lo'e( /1HH<0 the 9ourt ruled that 9ongress had e;ceeded its authority &hen it banned possession of guns &ithin one thousand feet of any school# 'he la& &as declared unconstitutional because it had nothing to do &ith co""erce# %n E000! the 9ourt in U.S. v. Mo""ison held that the 1HHG Aiolence against 4o"en Act also overstepped the 9onstitution &ith the state"ent that violence against &o"en had an adverse effect on interstate co""erce# 'hese t&o cases are part of a larger effort to return po&er fro" the federal govern"ent back to the states! kno&n as the devolution revolution# TFO TYPES O/ /EDERALISM *ntil the 1HF0s! the relationship bet&een the national and state govern"ents &as usually described as d$a& +edera&i m! a syste" in &hich each re"ains supre"e &ithin its o&n sphere# $o&ever! as the co""erce controversy in Gibbons vs. %&den points out! separating national fro" state 1urisdiction isn6t al&ays easy# 4ith the @e& )eal progra"s of the 1HF0s the separation proved to be virtually i"possible! ushering in the era of coo"erati#e +edera&i m# )uring this era state and federal govern"ents cooperated in solving the co""on co"ple; proble"s brought on by the 7reat )epression# 'he @e& )eal progra"s often involved 1oint action bet&een the national govern"ent and the states# 9ooperative federalis" re"ains in place today! &ith the national govern"ent involved to so"e e;tent in virtually all public policy"aking#

'he t&o types of federalis" are often co"pared by using an analogy &ith t&o types of cakes, the layer cake /dual federalis"0 &ith its clearly distinct separations! and the "arble cake /cooperative federalis"0 &here the t&o intert&ine and s&irl together# THE POLITICS O/ MODERN /EDERALISM 'he structures of the federal syste" have not changed "uch since the 9onstitution &as &ritten! but "odern politics have changed the relationship bet&een national and state govern"ents! especially over the past <0 years or so# 'oday a "a1or aspect of federalis" is the grants-in-aid syste", the national govern"ent provides "illions of dollars for federal grants to states# /EDERAL GRANTS >a-a GRANTS-IN-AIDD Dne of the national govern"ents "ost i"portant tools for influencing policy at the state and local levels is the federal grant# 9ongress authori(es grants! establishes rules for ho& grants "ay be used! and decides ho& "uch control the states have over federal funds# .ederal grants fall into t&o general types, Cate*orica& *rant are appropriated by 9ongress for specific purposes - high&ay or airport building! &elfare! or school lunches# 'hese grants usually re uire the state to J"atchJ /put up "oney0 the federal grants! although the "atching funds can vary &idely# 'here are hundreds of categorical grant progra"s! but a fe&! including -edicaid and 'e"porary Assistance for @eedy .a"ilies /the ne& &elfare progra" put in place by the 4elfare ?efor" Act of 1HH60! account for al"ost >< percent of total spending for categorical grants# +tate and local officials co"plain that these grants are often too narro& and cannot be adapted easily to local needs# .&oc- *rant consolidate several categorical grants into a single JblockJ for prescribed broad activities! such as social services! health services! or public education# 'his type of grant &as pro"oted by ?onald ?eagan! and during the early 1H>0s! 9ongress consolidated a nu"ber of categorical grants into block grants# Later Bresidents have advocated that "ore consolidation occur! but 9ongress has been reluctant to do so# 8lock grants give 9ongress less control over ho& the "oney is used! and representative cannot take credit for grants to their particular districts# +tate governors generally have supported block grants! because they give states &ide control of ho& and &here the "oney is spent# 9ity "ayors have tended to oppose the" because cities "ust rely on state govern"ents to deter"ine funding rules and a"ounts#

9ongress tried to create "ore block grants /&hich! co"pared &ith categorical grants! give states "ore freedo" to spend "oney to "eet local needs0 as part of the devolution revolution# 'oday! even though block grants still e;ist! 9ongress is al&ays te"pted to add JstringsJ that set re uire"ents for ho& federal grants are to be spent# As a result! block grants gradually beco"e "ore categorical! a pheno"enon kno&n as Jcreeping categori(ation#J MANDATES A recent federal control on the activities of state govern"ents is a "andate! a rule that tells states &hat they "ust do in order to co"ply &ith federal guidelines# Dften the "andates are tied to federal grants! but so"eti"es the "andates have nothing to do &ith federal aid# -ost "andates apply to civil rights and environ"ental protection# +tate progra"s "ay not discri"inate against specific groups of people! no "atter &ho pays for the"# 'oday! anti-discri"ination rules apply to race! se;! age! ethnicity! and physical and "ental disabilities# +tates "ust co"ply &ith federal la&s and standards regarding the environ"ent! as &ell# -andates have been critici(ed strongly by state and local govern"ents# .ro" their point of vie&! it is easy enough for 9ongress to pass "andates &hen the states "ust foot the bills# .or e;a"ple! the 1H>6 $andicapped 9hildren:s Brotection Act provided federal regulations "eant to assure e ual access and opportunity for disabled children# .ederal guidelines included re uire"ents for public schools to build access ra"ps and elevators! provide special buses and personnel! and &iden hall&ays! all &ith no federal "oney to help schools co"ply# E;a"ples of .ederal -andates for state and local govern"ents include the 9lean Air Act! &hich re uires states to "eet national "ini"u" pollution standards! and the 9??G American ,it) Di a%i&itie Act! &hich re uired states to provide &heelchair access in public buildings# %n the case of the A)A! the national govern"ent provided no funding to the states to help the" co"ply &ith the federal la&! "aking the A)A an $n+$nded mandate'

THE AD1ANTAGES AND DISAD1ANTAGES O/ /EDERALISM .e& A"ericans believe that the federalist syste" should be abandoned! but the nature of federalis" is still a controversy today! and A"ericans still disagree about the balance of po&er bet&een national and state govern"ents#

AD1ANTAGES 1# -obili(ation of political activity by providing "ultiple access points at &hich citi(ens can influence public policy#

DISAD1ANTAGES 1# 9onfusion of political activity 'he various levels of govern"ent can be confusing to a citi(en! so that he or she does not kno& &hich official to contact#

E# +"all but "otivated interest groups can block the &ill of the "a1ority for e;tended periods of E# 9heck on tyranny of the "a1ority# %nterest ti"e# +o"eti"es s"all groups of people can groups cannot easily take over the govern"ent# i"pose their &ill for e;tended periods of ti"e on Bo&erful interest groups cannot force their &ill the "a1ority# .or e;a"ple! a relatively s"all upon less po&erful groups because in order to group of southern senators blocked civil rights control! they &ould have to take over not only the legislation for "any years after "ost citi(ens national govern"ent! but state and local favored such legislation# govern"ents as &ell# F# )iversity of policies a"ong states encourages e;peri"entation and creativity# +tates act as labs for policy e;peri"entation#

F# )iversity of policies a"ong states creates ine uality bet&een citi(ens of different states# <0 different state govern"ents tackle si"ilar 8ecause states provide different levels of support! issues! and a good solution in one state can be citi(ens in so"e states have "ore advantages than "odeled in another# .or e;a"ple! if a state finds a those in other states# .or e;a"ple! &elfare good &ay to finance public education! other benefits vary &idely a"ong the states! as do states can "i"ic the plan! altering for special funding levels for public education# needs# Dn the other hand! if a state tries so"ething that fails! at least it affects only one state! not all# G# $aving diverse policies a"ong states even for G# )iverse policies a"ong states are good because speed li"its and driving ages creates confusion unifor" la&s don:t "ake sense in "any areas# and ine uality# *nity &Co *nifor"ity .or e;a"ple! speed li"its on high&ays should be under state and local control! as should the "ini"u" age for obtaining a driving license# 9ro&ded @e& Jersey should not have the sa"e speed li"its as does &ide-open -ontana# Koung people in far" states should be allo&ed to drive at early ages in order to help support the far"# Although speed li"its obviously need to vary! arbitrary differences in state la&s are confusing and outdated in this era of interstate high&ays# )ifferences in driving ages are not fair to young people in states &ith higher age re uire"ents#

An individual:s attitude about federalis" depends partly on ho& "uch he or she values e uality vs# freedo"# *nifor" la&s passed by a unitary govern"ent tend to e"phasi(e e ual treat"ent of citi(ens# )iverse la&s by their very nature allo& a great deal of individual freedo"# THE ;DE1OLUTION RE1OLUTION< Although the trend to&ard national supre"acy has continued throughout "ost of A"erican history! a "ove"ent has begun in recent years to devolve "ore responsibilities back to the states# 'he "ove"ent began as a ?epublican initiative shortly after the 1HHG elections! &hen the ?epublicans beca"e the "a1ority party in both houses of 9ongress# 'he ne& conservative leadership looked for &ays to scale back the si(e and activities of the national govern"ent# A "a1or focus &as the &elfare syste"! and as a result! the &elfare to &ork legislation passed in 1HH6! kno&n as the 4elfare ?efor" Act! has led to a "a1or shift of responsibility for &elfare progra"s fro" federal to state govern"ents# 'he national govern"ent continues to give block grants to states! but overall federal funding for &elfare progra"s has decreased dra"atically# Although the balance of po&er bet&een national and state govern"ents has varied over ti"e! the federalist syste" is an essential building block of A"erican govern"ent# +tates sponsor "a1or progra"s to fund education! help distressed cities! and provide &elfare# Local govern"ents have &ide controls over a "yriad of services and regulations# 'he federalist syste" is rooted in the 9onstitution! and govern"ental po&ers certainly &ill continue to be shared a"ong national! state! and local levels# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS block grants categorical grants concurrent po&ers confederal syste"s creeping categori(ation enu"erated po&ers devolution revolution federalis" grants-in-aid syste" loose construction "andate national supre"acy necessary and proper clause reserved po&ers revenue sharing unitary govern"ents

PU.LIC OPINION
P$%&ic o"inion is the distribution of individual attitudes to&ard a particular issue! candidate! or political institution# Although the definition is si"ple enough! public opinion enco"passes the attitudes of "illions of diverse people fro" "any racial! ethnic! age! and regional groups# As a result! the study of A"erican public opinion is especially co"ple;! but also very i"portant# .or A"erican govern"ent to operate de"ocratically! the opinions of the A"erican public "ust reach and beco"e an integral part of the political process# MEASURING PU.LIC OPINION Bublic opinion polling is a relatively ne& science! first developed by Geor*e Ga&&$"! &ho did so"e polling for his "other-in-la&! a candidate for secretary of state in %o&a in 1HFE# 7allup founded a fir" that spread fro" its head uarters in Brinceton! @e& Jersey throughout the de"ocratic &orld# 'oday! other &ell-kno&n private fir"s conduct polls! and big television net&orks! "aga(ines and ne&spapers! such as 9@@! Time! and The 'e( )or* Times, conduct their o&n polls# Bollsters are also hired by political candidates to deter"ine their popularity! and the results of their polls often shape the direction of political ca"paigns# 'he national govern"ent even sponsors opinion polls of its o&n# Bolls generally start &hen so"eone &ants a political uestion ans&ered# .or e;a"ple! a candidate running for the $ouse of ?epresentatives "ay &onder! 4hat do people in the district need5 or $o& strong a candidate do they think % a"56 Dr a ne&spaper "ay &ant to kno&! $o& do people in this country feel about the threats of bioterroris"5 'he candidate or publisher "ay co""ission a poll! and a reporter "ay base a story on the research findings# 'he pollsters then follo& several i"portant principles in gathering accurate statistics, Re"re entati#e am"&e -'he sa"ple of those intervie&ed "ust be representative of the entire population# Every citi(en cannot be polled regarding his or her opinion on a &hole range of issues! but those selected "ust allo& the pollster to "ake accurate assess"ents of public opinion# 'he "ost co""on techni ue e"ployed is random am"&in*! &hich gives everyone in the population an e ual probability of being selected# -ost national surveys sa"ple bet&een a thousand and fifteen

hundred persons# 'he pollster "ost co""only "akes a list of groups! using criteria such as region! age! ethnic and racial groups! gender! and religion# .ro" these groups! people are selected rando"ly for intervie&s# 'he disastrous Literary )igest Boll of 1HF6 provides a fa"ous e;a"ple of &hat can happen if the rando" sa"pling principle is ignored# 'hat poll predicted that Alf Landon &ould beat .ranklin ?oosevelt by a landslide! but the results &ere the opposite# 'he )igrest sa"ple &as biased because it &as based on telephone books and club "e"bership lists at a ti"e &hen only &ell-to-do people had phones# Care+$& and o%jecti#e ,ordin* - 'he structure and &ording of the uestion is very i"portant in obtaining an accurate response# JLoadedJ or e"otional &ords should not be used! and the pollster "ust not indicate &hat the JrightJ ans&er is# .or e;a"ple! consider a uestion like! $o& "uch do you dislike leaders of -iddle Eastern countries56 Kou could hardly e;pect an accurate ans&er# 'he categories of ans&ers also deter"ine the results of the poll# A yes or no uestion! such as! J)o you think the president is doing a good 1ob5J &ill give very different results than a uestion that gives the intervie&ee a chance to rank the president:s perfor"ance /e;cellent! very good! good! average! poor! very poor0# 1ariance %et,een am"&e - 'he sa"e poll conducted &ith a different rando" sa"ple al"ost certainly &ill produce slightly different results# 'hese slight variations are kno&n as am"&in* error # A typical poll of about fifteen hundred usually has a sa"pling error of L or - F percent# 'his "eans that H<M of the ti"e the poll results are &ithin F percentage points of &hat the entire population thinks# %f 60M of the population supports a candidate for office! in actuality! <=-6FM of the population supports hi" or her# *sually! the larger the sa"ple in proportion to the population! the s"aller the sa"pling error#

/ACTORS THAT IN/LUENCE POLITICAL ATTITUDES 4hen pollsters divide people into groups before they conduct rando" sa"ples! they are ackno&ledging a &ell-proven fact, group identifications often influence political attitudes# Bolitical attitudes are shaped by "o&itica& ocia&iHation! a lifelong process through &hich an individual ac uires opinions through contact &ith fa"ily! friends! co&orkers! and other group associations# 'oday the "edia also plays a "a1or role in political sociali(ation! &ith political ne&s and opinions &idely available on 'A! radio! and the internet# Bolitical attitudes in turn deter"ine ho& individuals participate! &ho they vote for! and &hat political parties they support# -any factors - including fa"ily! gender! religion! education! social class! race and ethnicity! and region - all contribute to A"erican political attitudes and behavior# /AMILY 'he fa"ily is probably the "ost i"portant source of political sociali(ation! and so it plays a "a1or role in shaping political attitudes! particularly of party identification# Bolls sho& that the "a1ority of young people identify &ith their parents: political party# 'he process begins early in life /by the age of ten or eleven0! and even though individuals generally beco"e "ore independent as they gro& older! the correlation bet&een adult party identification and the parents: party is still very high# A parallel trend! ho&ever! is a tendency for this correlation to be lo&er than it has in the past# 'his trend "ay be related to another trend, the gro&ing nu"ber of voters &ho call the"selves JindependentsJ rather than )e"ocrats or ?epublicans# GENDER A person:s gender also influences political vie&s# .or e;a"ple! "ore &o"en consider se;ual harass"ent in the &orkplace to be a serious proble" than do "en! and "ore "en than &o"en tend to support "ilitary actions and spending in foreign affairs# RELIGION An individual:s religion is a factor in deter"ining his or her political attitudes# 'he influence of religion co"es fro" t&o factors, 'he teaching of the church and the relative socio-econo"ic status of the religious group# Although the relationships are not as strong as they once &ere! these patterns still hold, Brotestants are "ore conservative on econo"ic "atters /such as "ini"u" &age and ta;es0 than are 9atholics and Je&s# Je&s tend to be "ore liberal on both econo"ic and social issues /such as civil liberties and rights0 than are 9atholics or Brotestants# 9atholics tend to be "ore liberal on econo"ic issues /they &ere supported "ore by liberal de"ocrats &hen they &ere discri"inated against during the height of i""igration0 than they are on social issues /gay "arriage! abortion against church teachings0#

+o"e special research on funda"entalist 9hristians indicates that they tend to support "ore conservative candidates for public office! and that they are "ore likely to contribute to the ?epublican Barty than to the )e"ocratic Barty# 'his "ore conservative tendency is stronger for attitudes about social issues /such as abortion! civil rights for "inorities! and &o"en:s rights0! than it is for foreign affairs and econo"ic issues /such as govern"ent services and 1ob guarantees0#

%n recent elections! a distinction has e"erged bet&een the political attitudes of those that attend religious services regularly and those that don6t# 'he trend &as particularly apparent in the election of E00G! &hen churchgoers &ere "ore likely to vote for ?epublicans! and non-churchgoers &ere "ore likely to support )e"ocrats# EDUCATION A person:s level of education also affects political attitudes! but the evidence provides conflicting results# %n general! the higher the individual6s educational level! the "ore likely they are to hold conservative political points of vie&# $o&ever! "any studies sho& that college education often influences an individual to have "ore liberal social and econo"ic attitudes than they had before they started college# 'hese studies sho& that the longer students stay in college and the "ore prestigious the institution they attend! the "ore liberal they beco"e# 'he reasons for the correlation are unclear! but so"e e;perts believe that the liberal attitudes of professors "ay influence students# Dthers believe that the differences lie not in the schooling itself! but in the characteristics of people &ho attend college vs# those that don:t# SOCIAL CLASS A nu"ber of years ago! the relationship bet&een social class and political attitudes &as clear, the higher the social class! the "ore conservative the individual! and the "ore likely he or she &as to belong to the ?epublican party# 'oday! that relationship is "uch less clear! perhaps partly because of the correlation cited above bet&een college education and liberalis"# Even though the broad affiliations bet&een blue-collar &orkers and the )e"ocratic Barty and business"en and the ?epublican Barty still have so"e credibility! those relationships are "uch &eaker than they once &ere# RACE AND ETHNICITY -uch research has focused on the relationship bet&een an individual:s race and ethnicity and his or her political attitudes# 'he oldest and largest nu"bers of studies focus on black A"ericans! &ho tend to identify &ith the )e"ocratic Barty and are still the "ost consistently liberal group &ithin that party# %n recent presidential elections! blacks have voted in over&hel"ing nu"bers /close to H0M0 for the )e"ocratic candidate# -uch less research has been conducted &ith $ispanic A"ericans! but preli"inary results indicate that they too tend to be "ore liberal than the "a1ority! &ith a tendency to affiliate &ith the )e"ocratic Barty# $o&ever! the correlation appears to be &eaker than that of black A"ericans# A very li"ited a"ount of research a"ong Asian A"ericans indicates that they are "ore conservative than blacks or $ispanics! although attitudes of the various nationalities of Asians fluctuate &idely# .or e;a"ple! preli"inary research indicates that Norean A"ericans are "ore liberal than are Japanese A"ericans# Dverall! "ore Asian A"ericans voted in the E000 presidential election for )e"ocrat Al 7ore than for ?epublican 7eorge 4# 8ush! so the influence of Asian ethnicity on political attitudes is still not clear# GEOGRAPHIC REGION As a general rule! people on either coast tend to be "ore liberal than those in the "iddle of the country# $o&ever! there are "any proble"s in defining that tendency because the rule is overbroad# .or e;a"ple! "any 9alifornians are very conservative! as are a nu"ber of @e& Englanders# $o&ever! part of the reason for the trend is probably an urbanCrural differentiation! &ith coastal cities inhabited by "inorities! recent i""igrants! and "e"bers of labor unions# 9ities in the rust belt of the 7reat Lakes region also tend to vote )e"ocratic! partly because they have strong labor constituencies# 'he +outheast presents so"e special proble"s &ith applying the rule! partly because party affiliations of +outheasterners have been changing over the past fifty years or so# +ince the 1H<0s! "any southerners have broken their traditional ties &ith the )e"ocratic Barty# .ro" the ti"e of ?econstruction until the 1H<0s! the So&id So$t) al&ays voted )e"ocratic# Airtually all representatives! senators! governors! and local officials in the +outh belonged to the )e"ocratic Barty# +ince the 1H<0s! "ore and "ore political leaders have affiliated &ith the ?epublicans! so that today! in "ost +outhern states! both parties have viable contenders for public office# +o"e e;perts e;plain this pheno"enon by pointing out that "any southerners disagreed &ith the )e"ocratic Barty6s support for the black civil rights "ove"ent starting in the 1H<0s! &ith the result that "any &hite southerners changed their party affiliation# Although so"e research indicates that &hite southerners tend to be less liberal than others on social issues! such as aid to "inorities! legali(ing "ari1uana! and rights of those accused of cri"es! southern attitudes on econo"ic issues /govern"ent services! 1ob guarantees! social security0 are very si"ilar to those fro" other regions# Although there is so"e evidence that southerners are "ore conservative than they &ere fifty years ago! political vie&s today of &hite southerners are less distinct fro" those in other regions than they used to be# POLITICAL IDEOLOGY4 LI.ERALS AND CONSER1ATI1ES A "o&itica& ideo&o*y is a coherent set of values and beliefs about public policy# %n *#+# politics! ideologies generally are thought to fall into t&o opposite ca"ps, liberal and conservative# 4hile there are general guidelines for deter"ining the nature of liberalis" and conservatis"! the differences bet&een the t&o are not al&ays obvious# .ollo&ing and describing ideologies is also co"plicated by the fact that they change over ti"e! so that being conservative or liberal today is not necessarily the sa"e as it &as a fe& years ago#

Li%era&i m # ' Con er#ati m 'he ter"s &i%era& and con er#ati#e are confusing partly because their "eaning has changed over the course of A"erican history# %n early A"erican history! liberals disapproved of a strong central govern"ent! believing that it got in the &ay of ordinary people reaching their a"bitions# 'hey sa& the govern"ent as a friend of business and the political elite# 9onservatives! on the other hand! believed that govern"ent &as best left to political elites! although they did not deny the rights of individual voters to contribute to the political syste"# 'hat trend reversed during the 1HF0s &ith .ranklin ?oosevelt6s @e& )eal - big govern"ent progra"s to help ordinary people get back on their feet during the 7reat )epression# )uring that era! )e"ocrats began to see the govern"ent as a friend to the little people one that provided "uch needed support during bad econo"ic ti"es# ?epublicans ca"e to support the belief in rugged individualis" - the responsibility of all people to take care of the"selves# Although )e"ocrats are not al&ays liberal and ?epublicans are not al&ays conservative! liberals since ?oosevelt have generally supported a larger! "ore active role for the central govern"ent than conservatives have# $o&ever! so"e observers believe that this distinction bet&een liberals and conservatives "ay be changing in the early E0th century# 9onservative Bresident 7eorge 4# 8ush is often seen as supportive of big govern"ent! a fact that "ore traditional conservatives have critici(ed# 'he follo&ing table su""ari(es so"e of the political beliefs likely to be preferred by liberals and conservatives,

%++*E $ealth 9are 9ri"e 8usiness ?egulation -ilitary +pending 'a;es

L%8E?AL+

9D@+E?AA'%AE+

$ealth 9are should be "ore &idely available to ordinary people $ealth care is best handled by private insurance and not necessarily tied to &ork 'endency to support a national co"panies and are "ost logically tied to &ork place health care syste" benefits# 9ure the econo"ic and social reasons for cri"e# 7overn"ent should regulate businesses in the public interest +pend less# +top coddling cri"inals and punish the" for their cri"es# 8usinesses should be allo&ed to operate under free "arket conditions +pend "ore#

'he rich should be ta;ed "oreI the govern"ent is responsible for reducing econo"ic ine uality#

'a;es should be kept lo&#

4elfare +tate

'he govern"ent is responsible for helping the poor find e"ploy"ent and relieving their "isery#

Beople are responsible for their o&n &ell-beingI &elfare takes a&ay the incentive to take care of the"selves Li"ited govern"ent role in pro"oting social e uality Bro-life +upport for faith-based political initiatives

9ivil rights Abortion ?eligion

+upport for pro-active civil rights govern"ent policies Bro-choice 9lear separation of church and state

%ndividuals "ay have political beliefs that are a co"bination of liberalis" and conservatis"# -ost co""only they "ay divide their opinions about econo"ic and social issues# .or e;a"ple! an econo"ically liberal! socially conservative person "ight believe in govern"ent support for health and &elfare! but "ay oppose gay rights andCor e ual opportunity progra"s for ethnicCracial "inorities# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 9onservatis" 7eorge 7allup Liberalis" Bolitical ideology Bolitical sociali(ation Bublic opinion

?ando" sa"ple +a"pling error +olid +outh +tra& poll

POLITICAL PARTICIPATION
Po&itica& "artici"ation enco"passes the various activities that citi(ens e"ploy in their efforts to influence policy "aking and the selection of leaders# Beople participate in politics in "any &ays ' 'hey "ay &rite their representative or senator! or &ork for a candidate or political party# Dr they can "ake presentations to their local school board or city council! or call the police to co"plain about the neighbor6s dog# Bartly because of our federalist syste"! people have "any opportunities to participate in our de"ocracy on national! state! and local levels# +o"e for"s of participation are "ore co""on than others and so"e citi(ens participate "ore than others# A"ericans in general are co"paratively active in politics! but the *nited +tates is notorious a"ong "odern de"ocracies for its lo& voter turnout rates! although the rates &ent up significantly in the election of E00G# $o&ever! the turnout for the previous t&o *#+# presidential elections &as 1ust about <0M# 8y contrast! "ost &estern de"ocracies in Europe have vote rates &ell above =0M# FHO PARTICIPATESI E;perts have found several de"ographic characteristics to be strongly associated &ith high levels of political participation Ed$cation - 'he single "ost i"portant characteristic of a politically active citi(en is a high level of education# 7enerally! the "ore education an individual has! the "ore likely he or she is to vote# 4hy5 Berhaps because the &ell educated better understand co"ple; societal issues! or "aybe they better understand the i"portance of civic responsibility# Dr it could 1ust be that their occupations are "ore fle;ible in allo&ing the" to take ti"e to go to the polls# Re&i*io$ In#o&#ement - As religious involve"ent increases! so does political participation# ?egular churchgoers are "ore likely to vote than those that do not attend# 4hy5 +o"e possibilities are that church involve"ent leads to social connectedness! teaches organi(ational skills! and increases one6s a&areness of larger societal issues Race and Et)nicity- %f only race and ethnicity are considered! &hites have higher voting rates than do blacks and Latinos# $o&ever! that tendency is so"e&hat deceptive# +o"e studies that control for inco"e and education differences have found that the voting rates are about the sa"e for &hites! blacks! and Latinos# A*e - )espite the big push in the early 1H=0s to allo& 1> year olds to vote! voting levels for 1>-EG year olds are the lo&est of any age category# Dlder people are "ore likely to vote than are younger people# 'he highest percentages of eligible voters &ho actually vote are in those groups G< and above# Gender - .or "any years &o"en &ere underrepresented at the voting booths! but in recent elections! they have turned out in at least e ual nu"bers to "en# %n fact! since 1HHE! turnout a"ong &o"en voters has e;ceeded that of "en# $o&ever! this trend is relatively ne&! so in general &e can say that "en and &o"en vote at about the sa"e rates# T,o-"arty com"etition - Another factor in voter turnout is the e;tent to &hich elections are co"petitive in a state# -ore co"petitive elections generally bring higher turnouts! and voter rates increase significantly in years &hen presidential candidates are particularly co"petitive #

1OTING Aoting is at the heart of a "odern de"ocracy# A vote sends a direct "essage to the govern"ent about ho& a citi(en &ants to be governed# Dver the course of A"erican history! voting rights have gradually e;panded! so that today very fe& individuals are e;cluded# And yet! e;panding suffrage is countered by a current trend, that of lo&er percentages of eligible voters in recent presidential elections actually going to the polls to cast their votes# .or e;a"ple! less than <0M of eligible voters actually voted in the E000 presidential election# 'he trend did reverse itself in the election of E00G! &hen record nu"bers of A"ericans turned out to vote# 8oth parties &orked hard to get ne& voter registrations and to encourage their base to actually get to the polls to vote# EJPANDING SU//RAGE Driginally the 9onstitution let individual states deter"ine the ualifications for voting! and states varied &idely in their la&s# All states e;cluded &o"en! "ost denied blacks the franchise! and property o&nership &as usually re uired# 'he e;pansion of the right to vote resulted fro" constitutional a"end"ent! changing federal statutes! and +upre"e 9ourt decisions# 9hanges in suffrage over A"erican history include, Li+tin* o+ "ro"erty re triction - At first! all states re uired voters to be property o&ners! &ith varying standards for ho& "uch property a "an had to o&n to "erit the right to vote# )uring the 1>F0s &hen Andre& Jackson &as president! "ost states loosened their property re uire"ents to e"brace $ni#er a& man)ood $++ra*e! voting rights for all &hite "ales# 8y the end of Jackson6s presidency! all states had lifted property restrictions fro" their voting re uire"ents# S$++ra*e +or .&ac- American and +ormer &a#e - After the 9ivil 4ar three i"portant a"end"ents intended to protect civil rights of the ne&ly freed for"er slaves &ere added to the 9onstitution# 'he last of the three &as added in 1>=0 - the 9Kt) Amendment! &hich said that the right of citi(ens of the *nited +tates to vote shall not be denied or abridged by the *nited +tates or by any state on account of race! color! or previous condition of servitude# )espite the a"end"ent! "any

states passed 3im Cro, &a, - such as literacy tests! poll ta;es! and the grandfather clause - that prevented "any blacks fro" voting until &ell past the "id-E0th century# )uring the 9ivil ?ights "ove"ent of the 1H<0s and 60s! the +upre"e 9ourt declared various Ji" 9ro& la&s unconstitutional# 'he Aoting ?ights Act of 1H6< and other federal la&s prohibited states fro" using discri"inatory practices! such as literacy tests# Fomen7 S$++ra*e - %n contrast to black A"ericans! &o"en &ere kept fro" the polls by la& "ore than by inti"idation# An aggressive &o"en6s suffrage "ove"ent began before the 9ivil 4ar! but it brought no national results until social attitudes to&ard &o"en changed during the Brogressive -ove"ent of the early E0th century# 'he result &as the passage of the 9?t) Amendment! &hich e;tended the vote to &o"en in 1HE0# 'he 1Hth A"end"ent doubled the si(e of the electorate# 9:-C9-year-o&d - A final "a1or e;pansion of voting rights occurred in 1H=1 &hen the CEt) Amendment changed the "ini"u" voting age fro" E1 to 1># A fe& states - such as 7eorgia! Nentucky! Alaska! and $a&aii - had allo&ed younger people to vote before 1H=1# 'he increased political activis" of young people! particularly on college ca"puses during the 1H60s! al"ost certainly inspired this e;pansion of voting rights#

1OTER TURNOUT Aoter turnout can be "easured in t&o different &ays, by sho&ing the proportion of the re*i tered #oter that actually voted in a given election! and by sho&ing the percentage of the e&i*i%&e #oter that vote# According to recent figures! A"erican statistics look "uch better if the first "ethod is e"ployed# %f &e take the proportion of registered voters! bet&een =< and >0M voted in recent presidential electionsI if &e take the percentage of the voting-age population! only about <0M actually voted in 1HH6 and E000! a figure "uch lo&er than "ost other de"ocracies# 'he figure increased significantly in E00G! but it still re"ained lo&er than those in "any countries# .or e;a"ple! in 7reat 8ritain and 9anada! about FCG of all eligible voters vote in "a1or elections! and in %taly and Australia! appro;i"ately H0M vote# 8ecause the results of the t&o "ethods differ so &idely in the *#+#! "any observers believe that the "ain proble" &ith getting people to the polls is the cu"berso"e process of voter registration# 1oter Re*i tration La&s vary according to state! but all states e;cept @orth )akota re uire voter registration# *ntil a fe& years ago so"e states re uired voters to register as "uch as si; "onths before the election# %n other &ords! if so"eone "oved into the state! forgot to register! or passed their eighteenth birthday! he or she &ould be ineligible to vote in any elections for si; "onths# 'hese rigid re uire"ents &ere the result of voting abuses of the early E0th century /ballot bo; stuffing! people voting t&ice! dead people voting0! but in recent ti"es! they are believed to be responsible for lo& voter turnout# .ederal la& no& prohibits any state fro" re uiring "ore than a F0-day &aiting period# -ost recently! in 1HHF 9ongress passed the @ational Aoter ?egistration Act - the =motor-#oter= bill - that allo&s people to register to vote &hile applying for or rene&ing a driver:s license# 'he act also re uires states to provide assistance to facilitate voter registration# 'he results &ere "i;ed# -ore registration! but not "uch higher voter turnout# Ot)er Rea on +or Lo, 1oter T$rno$t +everal other reasons are often cited for lo& voter turnout in the *nited +tates, Aoter registration re uire"ents Lack of political efficacy La(inessCApathy 4ork! busy! no ti"e! elections on &eekdays instead of &eekends )istrust of 7overn"ent 'oo "any elections! people lose interest

IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 -otor voter la&s Bolitical participation ?egistered vs# eligible voters *niversal "anhood suffrage 1<th A"end"ent 1Hth A"end"ent E6th A"end"ent

POLITICAL PARTIES
/UNCTIONS O/ POLITICAL PARTIES

Bolitical parties developed as a "atter of custo" /not mentioned in constitution0 and fulfill the follo&ing functions in the A"erican political syste", Connectin* citiHen to t)eir *o#ernment - Barties are one of several &in-a*e in tit$tion that connect people in a large de"ocracy to the govern"ent# %n any country &ith a population large enough to for" a representative de"ocracy! institutions that link the people to govern"ent are a necessity# -odern linkage institutions include interest groups! the "edia! elections! and political parties# Barty ideology and organi(ation increase "o&itica& e++icacy by helping citi(ens to "ake sense of govern"ent decisions and processes and to feel that govern"ent listens to the"# R$nnin* candidate +or "o&itica& o++ice - Barties pick policy"akers and run ca"paigns# -ost elected officials! &hether at the local! state! or national level! run as no"inees of a "a1or political party# 4hereas personal &ealth certainly helps! "ost candidates rely on the party organi(ation to coordinate and fund their political ca"paigns# In+ormin* t)e "$%&ic - Barties articulate policies and give cues to voters# Although both "a1or parties are by necessity broadly based! they each convey an i"age and endorse policies that help voters decide &hich candidates to support# Or*aniHin* t)e *o#ernment - Barties often coordinate govern"ental policy-"aking that &ould be "ore frag"ented a"ong the three branches and the local! state! and federal levels# %nfor"al relationships bet&een officials in different parts of govern"ent but &ith si"ilar partisan ties can "ake policy-"aking go "ore s"oothly# Uni+yin* t)e e&ectorate and moderatin* con+&ict O 'he t&o party syste" tends to reduce conflict and increase stability relative to syste"s of proportional representation &ith "ultiple parties fighting it out over a variety of issues#

FHY TFO MA3OR PARTIESI -ost "odern de"ocracies have a "ulti-party syste"! so the *nited +tates is definitely in the "inority &ith its t&o party syste"! one of only about fifteen in the &orld today# Even though a nu"ber of third parties have e"erged in the course of *#+# history! none have endured! and &ith the e;ception of a short period in the early 1>00s! t&o "a1or political parties have al&ays co"peted &ith one another for po&er in the syste"# +o"e i"portant reasons for the A"erican t&o-party syste" are, Di++ic$&ty +$ndrai in* ( -inor parties have difficulty raising P bCc people don6t give to parties they don6t think can &in# Also! the syste" of public financing for presidential elections favors "a1or parties /"inor parties "ust have received at least <M of the vote in the previous election0# Media attention +a#or major "arty candidate ' T)e Finner-Ta-e-A&&! Sin*&e Mem%er Di trict Sy tem - 'he single "ost i"portant reason for a t&o-party syste" is the ,inner-ta-e-a&& plurality electoral syste"# 'his syste" contrasts to those &ith "ro"ortiona& re"re entation &here the percentage of votes for a party6s candidates is directly applied as the percentage of representatives in the legislature# 'he &inner in A"erican elections is the one &ho receives the largest nu"ber of votes in each voting district# 'he &inner does not need to have "ore than <0 percent! but only one vote "ore than his or her closest co"petitor# 'his process encourages parties to beco"e larger! e"bracing "ore and "ore voters# +o third parties have al"ost no hope of getting candidates into office! and their points of vie& tend to fall under the u"brella of one or both of the big parties# Beople don6t often vote for "inor party candidates because they don6t think the candidates &ill &in and t)ey don7t ,ant to ;,a te< t)eir #ote# E&ectora& Co&&e*e7 ,inner-ta-e-a&& syste" also favors "a1or party candidates#

ORGANILATION O/ THE TFO-PARTY SYSTEM %n contrast to "ost large econo"ic organi(ations! such as corporations! the people at the top of the party organi(ations do not have a lot of po&er over those at the lo&er levels# %nstead! the parties have strong grass roots! or state andCor local control over i"portant decisions# 'o be sure! each has a national co""ittee that organi(es a convention every four years to no"inate a president# Each party has a national chairperson &ho serves as spokesperson! and it least no"inally coordinates the election ca"paign for the presidential candidate# %n reality! ho&ever! the candidate runs his o&n ca"paign! &ith the help of "ultiple advisers! including the party chair"an# Local party organi(ations are still very i"portant in political ca"paigns because they provide the foot soldiers that hand out party literature! call on citi(ens to register and to co"e to the polls on election day# %n E00G both parties ran active get-out-the-vote ca"paigns at the grass roots level! resulting in a very high voter turnout# 'he organi(ation of both parties looks very "uch the sa"e on paper# 8oth have, a national co""ittee co"posed of representatives fro" each state and territory# a full-ti"e! paid national chair"an that "anages the day-to-day &ork of the party# a national convention that "eets for"ally every four years during the su""er before a presidential election in @ove"ber# a congressional ca"paign co""ittee that assists both incu"bents and challengers a broad! not al&ays consistent! ideological base since they "ust appeal to a large nu"ber of voters#

HISTORICAL DE1ELOPMENT O/ THE PARTIES $istorically! the t&o-party syste" has been characteri(ed by long periods of do"inance by one party follo&ed by a long period of do"inance by the other# 'he eras begin and end &ith shifts in the voting population called rea&i*nment that occur because issues change! and ne& schis"s for" bet&een groups# THE EARLY YEARS 'he first t&o political parties to e"erge during 4ashington:s ter" of office &ere the /edera&i t and the Anti-/edera&i t ' 'he "a1or issue in the beginning &as the ratification of the 9onstitution! &ith the .ederalists supporting it and the Anti-.ederalist &anting guarantees of individual freedo"s and rights not included in the original docu"ent# 'he issue &as resolved &ith the addition of the 8ill of ?ights! but the parties did not disappear &ith the issue# 'he .ederalists &ere led by Ale;ander $a"ilton! the +ecretary of the 'reasury! and they ca"e to represent urban! business-oriented "en &ho favored elitis" and a strong central govern"ent# 'he .ederalists supported $a"ilton:s establish"ent of the 8ank of the *nited +tates because they sa& it as for&arding their interests and beliefs# 'he Anti-.ederalists ca"e to be kno&n as the DemocraticRe"$%&ican ! led by 'ho"as Jefferson# 'hey favored strong state govern"ents! rural interests! and a &eaker central govern"ent# 'hey opposed the bank as an ene"y of state control and rural interests# 4ith $a"ilton:s death and John Ada"s: unpopularity as president! Jefferson e"erged as the "ost popular leader at the turn of the nineteenth century# As president he gradually beca"e "ore accepting of stronger central govern"ent! and the t&o parties: points of vie& see"ed to "erge "ost notably in the =Era o+ Good /ee&in*J presided over by Ja"es -onroe! one of Jefferson:s proteges# 'he )e"ocratic-?epublicans e"erged as the only party! and their do"inance lasted until the "id-1>00:s! though under a ne& na"e! the Democrat # 3AC0SONIAN DEMOCRACY 'he t&o-party syste" ree"erged &ith the appearance of Andre& Jackson! &ho represented to "any the e;panding country! in &hich ne&er states found "uch in co""on &ith the rural southern states but little &ith the established northeast# A ne& party e"erged! the F)i* ! &ho represented "any of the interests of the old .ederalist party# Jackson:s election in 1>E> &as acco"plished &ith a coalition bet&een +outh and 4est! for"ing the ne& Democratic Party# Jackson:s )e"ocrats &ere a ra&er sort than Jefferson:s! &ho &ere pri"arily gentle"en far"ers fro" the +outh and -iddle Atlantic states# 4ith the Jacksonian era:s $ni#er a& man)ood $++ra*e! virtually all "en could vote! so rural! anti-bank! s"all far"ers fro" the +outh and 4est for"ed the backbone of the )e"ocratic Barty# )uring this era the )e"ocrats initiated the tradition of holding a nationa& con#ention to no"inate a presidential candidate# )elegates selected fro" state and local parties &ould vote for the candidate! rather than a handful of party leaders &ho "et in secret /called a caucus0# 'he 4higs &ere left &ith not only the old .ederalist interests! but other groups! such as &ealthy rural +outherners! &ho had little in co""on &ith other 4higs# 'he party &as not ideologically coherent! but found so"e success by no"inating and electing &ar heroes! such as 4illia" $enry $arrison and Qachary 'aylor# NORTHMSOUTH TENSIONS As econo"ic and social tensions developed bet&een @orth and +outh by the 1>G0:s and <0:s! 4hig party unity &as threatened by splits bet&een the southern and northern &ings# As the 4higs &ere falling apart! a ne& Re"$%&ican Party e"erged fro" the issue of e;pansion of slavery into ne& territories# 'he election of 1>60 brought the first ?epublican - Abraha" Lincoln - into office! setting off the secession of southern states! and &ith the"! "any supporters of the )e"ocratic Barty# 'he 9ivil 4ar! then! ended the era of do"inance of the )e"ocrats! and ushered in a ne& ?epublican era# Aoters realigned! then! according to regional differences and conflicting points of vie& regarding e;pansion of slavery and states rights# 'he ?epublicans ca"e to cha"pion the ne& era of the %ndustrial ?evolution! a ti"e &hen pro"inent business"en! such as John ?ockefeller and Andre& 9arnegie! do"inated politics as &ell as business# 'he ?epublican Barty ca"e to represent laisse(-faire! a policy that advocated the free "arket and fe& govern"ent regulations on business# %ronically! laisse(-faire! "eaning Jto leave aloneJ! &as the old philosophy of the Jacksonian far"ers! &ho &anted govern"ent to allo& the" to "ake their o&n prosperity# 'he ?epublican philosophy of the late 1>00:s favored the ne& industrialists! not the s"all far"er of the earlier era# THE SECOND DEMOCRATIC ERA ( Ne, Dea& Coa&ition4 9?@C-9?E: 'he prosperous! business-oriented era survived several earlier recessions but not the 7reat )epression that gripped the country after the stock "arket crash of 1HEH# 'he cataclys"ic econo"ic do&nturn caused "a1or realign"ents of voters that s&ung the balance of po&er to the )e"ocrats# 'he ?epublican president! $erbert $oover! &as re1ected in the election of 1HFE in favor of the )e"ocrat:s .ranklin ?oosevelt# ?oosevelt:s victory &as acco"plished through forging the @e& )eal 9oalition of voters! a co"bination of "any different groups that &ished to see $erbert $oover defeated# 'he coalition &as co"posed of eastern &orkers! southern and &estern far"ers! blacks! and the ideologically liberal#

$oover e"braced a laisse(-faire econo"ic policy in response to the econo"ic crisis /"ini"i(e govern"ent intervention in the econo"y! and the econo"y &ill correct itself0! &hile .)? e"braced the econo"ic policy of John -eynard Neynes /Neynesian econo"ics0! &hich advocated increased govern"ent spending /by borro&ing! if necessary0 to sti"ulate econo"ic activity and co"pensate for the lack of de"and in the private sector# THE ERA O/ DI1IDED GO1ERNMENT4 9?E: -- I ?ichard @i;on6s election in 1H6> did not usher in a ne& era of ?epublican do"inated govern"ent# %nstead! a ne& balance of po&er bet&een the )e"ocrats and ?epublicans ca"e into being# 4ith a fe& e;ceptions! control of the legislature and the presidency has been JdividedJ bet&een the t&o "a1or political parties since the late 1HG0s# 4hen one party holds the presidency! the other has do"inated 9ongress! or at least the +enate# ?eflects dealign"ent /shift in party %) fro" ) and ? to independent0 and increase in split ticket voting /as co"pared to voting a straight ticket0# 'he division brings &ith it the proble" of JgridlockJ! or the tendency to paraly(e decision "aking! &ith one branch advocating one policy and the other another! contradictory policy# +cholars have various theories about the causes of the ne& division of po&er! but one cause "ay be the declining po&er of political parties in general# MINOR PARTIES 4hereas t&o parties have al&ays do"inated the A"erican syste"! "inor or third parties have also played a role# -inor parties "ay be divided into three categories, Candidate-centered -- t)o e dominated %y an indi#id$a& "er ona&ity! usually disappearing &hen the charis"atic personality does# Dne e;a"ple is 'heodore ?oosevelt:s 8ull -oose! or Brogressive Barty! that &as largely responsible for splitting the ?epublicans and thro&ing the 1H1E election to the )e"ocrats# Another e;a"ple is 7eorge 4allace:s A"erican %ndependent Barty in 1H6> and 1H=E! starting as a southern backlash to the civil rights "ove"ent! but eventually appealing to blue collar &orkers in other parts of the country# I $e-centered -- t)o e +oc$ ed on a in*&e i $e /prohibition! pot0 Ideo&o*ica& -- t)o e or*aniHed aro$nd a &on*-&a tin* *oa& or ideo&o*y# +ocialists! 9o""unists! etcR 'he +ocialists have re"ained a "inor ideological party throughout the t&entieth century! &inning al"ost a "illion votes in the election of 1H1E#

Brobably the "ost influential third party in A"erican history &as the Po"$&i t Party of the late nineteenth and early t&entieth centuries that first represented the interests of far"ers! but &as responsible for &ide-ranging de"ocratic refor"s# 'he Bopulists: best kno&n leader &as 4illia" Jennings 8ryan! &ho &as enticed to accept the no"ination of the )e"ocratic party first in 1>H6# 'he fate of the Bopulists &as the sa"e as for "ost other third parties, their goals adopted by a "a1or party! deferring to the J&inner-take-all! or pluralist syste"! that supports a t&o party syste"# %n 1HHE ?oss Berot! a &ealthy 'e;as business"an! tried to defy the t&o party syste" by running for president as an independent &ithout the support of a political party# $e hired professional ca"paign and "edia advisers! created a high profile on national television intervie&s! bought a "assive nu"ber of 'A ads! and built a nation&ide net&ork of paid and volunteer ca"paign &orkers# %n the election! he gained 1HM of the vote! but did not capture a single electoral vote# %n 1HH6! he again entered the race! but also announced the birth of a third party that fi((led &hen he received less than half as "any votes as he did in 1HHE# %n E000 ?alph @ader ran for the 7reen Barty! but he &on only about FM of the vote# %n E00G @ader ran as an independent! and the 7reen Barty fielded their o&n candidates for office! but neither "anaged to garner "any votes# PARTY POFER4 THE E//ECTS O/ DEALIGNMENT %n the "odern era voter realign"ents do not appear to be as clearcut as they once &ere! partly because of the pheno"enon of dealign"ent# Dver the past fifty years party identification appears to be &eakened a"ong A"erican voters! &ith "ore preferring to call the"selves Jindependents#J @ot only have ties to the t&o "a1or parties &eakened in recent years! but voters are less &illing to vote a straight ticket! or support all candidates of one party for all positions# %n the early 1H<0s only about 1EM of all voters engaged in ticket splitting! or voting for candidates fro" both parties for different positions# %n recent years! that figure has been bet&een E0 and G0M# %f dealign"ent indeed is occurring! does this trend indicate that parties are beco"ing &eaker forces in the political syste"5 -any political scientists believe so# DECLINE IN PARTY POFER )uring the late 1>00s party "achines! organi(ations that recruited "e"bers by the use of "aterial incentives - "oney! 1obs! places to live - e;ercised a great deal of control by party Jbosses#J 'hese "achines! such as 'a""any $all in @e& Kork 9ity! dictated local and state elections and distributed govern"ent 1obs on the basis of support for the party! or patronage# ?easons, )irect Bri"aries and 1=th A"end"ent /direct election of +enators0 took control of no"inations fro" party leaders and gave it to the rank-and-file 23 9andidate centered elections &C ca"paign consultants and use of "ass "edia# 'he establish"ent of the "erit-based civil service /Bendleton Act0 reduced patronage# 7overn"ent gradually took over "any of the social &elfare functions once provided by parties# ?ise of %76s# 'he gro&ing e"phasis on electronic "edia ca"paigns! professional consultants! and direct-"ail recruit"ent of voter support also "ay have decreased the i"portance of parties in the election process# %n addition! partly as a result of "edia influence! candidate organi(ations! not party organi(ations! are the "ost po&erful electoral forces today# Dffice seekers! supported by consultants and "edia! organi(e their personal follo&ing to &in no"inations# %f they &in office! they are "ore responsive to their personal follo&ing than to the party leadership# 'he result is less party clout over politicians and

policy# Dn the other hand! the national party organi(ations are significantly better funded than they &ere in earlier days and "ake use of electronic "edia and professional consultants the"selves# 'hey often function as advisers and all-i"portant sources for ca"paign funds# -oreover! parties are deeply entrenched organi(ational blocks for govern"ent! particularly 9ongress# Although they "ay not be as strong an influence as they once &ere! parties for" a basic building block for the A"erican political syste"! and they still give candidates labels that help voters "ake decisions during election ti"e# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 Anti-.ederalists )ealign"ent )e"ocratic ?epublican Barty )ivided 7overn"ent .ederalist Barty 7rass-roots organi(ation gridlock Linkage institutions Bolitical efficacy Broportional representation ?oosevelt 9oalition +traight ticket 'icket splitting 4hig Barty 4inner-take-all electoral syste"

ELECTIONS AND CAMPAIGNS

Elections for" the foundation of a "odern de"ocracy! and "ore elections are scheduled every year in the *nited +tates than in any other country in the &orld# 9ollectively on all levels of govern"ent! A"ericans fill "ore than <00!000 different public offices# 9a"paigns - &here candidates launch their efforts to convince voters to support the" - precede "ost elections# %n recent years ca"paigns have beco"e longer and "ore e;pensive! sparking a de"and for ca"paign finance refor"# @o one uestions the need for ca"paigns and elections! but "any people believe that the govern"ent should set ne& regulations on ho& candidates and parties go about the process of getting elected to public office# ROLE O/ POLITICAL PARTIES 9andidates for political office al"ost al&ays run &ith a political party labelI they are either )e"ocrats or ?epublicans! and they are selected to run as candidates for the party# 'he party! ho&ever! is not as i"portant as it is in "any other de"ocracies# ?unning for the presidency or 9ongress re uires the candidate to take the initiative by announcing to run! raising "oney! collecting signatures to get his or her na"e on the ballot! and personally appealing to voters in pri"ary elections# FINNER-TA0ES-ALL %n "ost A"erican elections! the candidate &ith the "ost votes &ins# 'he &inner does not have to have a "a1ority /"ore than <0M0! but "ay only have a "&$ra&ity! the largest nu"ber of votes# -ost A"erican elections are in*&e-mem%er di trict ! &hich "eans that in any district the election deter"ines one representative or official# .or e;a"ple! &hen the *#+# 9ensus allots to each state a nu"ber of representatives for the *#+# $ouse of ?epresentatives! virtually all state legislatures divide the state into several separate districts! each electing its o&n single representative# 'his syste" ensures a t&o-party syste" in the *#+#! since parties try to asse"ble a large coalition of voters that leads to at least a plurality! spreading their Ju"brellasJ as far as they can to capture the "ost votes# 'he &inner-takes-all syste" contrasts to proportional representation! a syste" in &hich legislative seats are given to parties in proportion to the nu"ber of votes they receive in the election# +uch syste"s encourage "ulti-party syste"s because a party can al&ays get so"e representatives elected to the legislature# PRIMARIES AND GENERAL ELECTIONS Bolitical leaders are selected through a process that involves both pri"ary and general elections# 'he "rimary began in the early part of this century as a result of refor"s of the Brogressive -ove"ent that supported "ore direct control by ordinary citi(ens of the political syste"# A pri"ary is used to select a party:s candidates for elective offices! and states use three different types, c&o ed "rimarie - A voter "ust declare in advance his or her party "e"bership! and on election day votes in that party:s election# -ost states have closed pri"aries# o"en "rimarie - A voter can decide &hen he or she enters the voting booth &hich party:s pri"ary to participate in# Dnly a fe& states have open pri"aries# %&an-et >or +ree-&o#eD "rimarie - A voter "arks a ballot that lists candidates for all parties! and can select the ?epublican for one office and a )e"ocrat for another# Dnly three states have this type - Louisiana! 4ashington! and Alaska

'he state of %o&a has a &ell-kno&n variation of a pri"ary - a ca$c$ # *nder this syste"! local party "e"bers "eet and agree on the candidate they &ill supportI the local caucuses pass their decisions on to regional caucuses! &ho in turn vote on candidates! and pass the infor"ation to the state caucus! &ho "akes the final decision# %n both the pri"ary and caucus! the individual party "e"ber has a say in &ho the party selects to run for office# A nu"ber of other states "ake at least li"ited use of the caucus in "aking their choices of candidates# Genera& E&ection Dnce the candidates are selected fro" political parties! they ca"paign against one another until the general election! in &hich voters "ake the final selection of &ho &ill fill the various govern"ent offices# -ore people vote in a general election than in the pri"ary! &ith about <0M voting in recent presidential year elections! as co"pared to about E<M in pri"ary elections#

CONGRESSIONAL 1S' PRESIDENTIAL CAMPAIGNS AND ELECTIONS Bresidential and congressional races follo& the sa"e basic pattern, they announce for office! the people select the party candidates in pri"ary elections! party candidates ca"paign against one another! and the official is chosen in the general election# 8ut presidential and congressional elections differ in "any &ays# 9ongressional elections are regional /by state for senators and by district for representatives0I presidential elections are national# Elections to the $ouse of ?epresentatives are less co"petitive than are those for the +enate or for the presidency# 8et&een 1HFE and 1HHE! incu"bents typically &on &ith over 60 percent of the vote# %n contrast! the presidency is seldo" &on &ith "ore than << percent! &ith 7eorge 4# 8ush &inning &ith less than GHM of the vote in E000 and <1M in E00G# )uring the 1HH0s! a record nu"ber of ne& fresh"en &ere elected to the $ouse! but the incu"bency tradition is still strong# .e&er people vote in congressional elections during off years /&hen there is no presidential election0# 'he lo&er turnout /about F6M0 "eans that those that vote are "ore activist! and thus "ore ideological! than the average voter during presidential years# Bresidential popularity affects congressional elections! even during off years# 'his tendency is kno&n as the coattai& e++ect# %n recent years! presidential popularity does not see" to have as "uch effect as it used to! &ith the )e"ocrats suffering a net loss of ten seats &hen 8ill 9linton &on the 1HHE election# '&o years later in 1HHG the ?epublicans retook "a1orities in both the $ouse and +enate! proving 8ill 9linton:s coat to have no tails at all# %n E000 ?epublican 7eorge 4# 8ush narro&ly &on the 4hite $ouse! but ?epublicans lost seats in both $ouse and +enate in that election year# $o&ever! in E00G! 8ush6s coattails &ere substantial! &ith ?epublicans gaining seats in both the $ouse and the +enate# -e"bers of 9ongress can co""unicate "ore directly &ith their constituents! often visiting &ith "any of the" personally and "aking personal appearances# 'he president "ust rely on "ass "edia to co""unicate &ith voters and can only contact a s"all percentage of his constituents personally# A candidate for a congressional seat can deny responsibility for proble"s in govern"ent even if he or she is an incu"bent# Broble"s can be bla"ed on other "e"bers of 9ongress or better still the president# Even though the president "ay bla"e so"e things on 9ongress! he "ust take responsibility ulti"ately for proble"s that people perceive in govern"ent#

THE ROAD TO THE PRESIDENCY 9a"paigns can be very si"ple or very co"ple;# %f you run for the local school board! you "ay 1ust file your na"e! ans&er a fe& uestions fro" the local ne&spaper! and sit back and &ait for the election# %f you run for Bresident! that6s another story# 'oday it is al"ost i"possible to "ount a ca"paign for the Bresidency in less than t&o years# $o& "uch "oney does it take5 'hat is currently an open uestion! but it certainly ivolves "illions of dollars# Ste" 94 Decidin* to anno$nce Bresidential hopefuls "ust first assess their political and financial support for a ca"paign# 'hey generally start ca"paigning &ell before any actual declaration of candidacy# 'hey "ay be approached by party leaders! or they "ay float the idea the"selves# -any hopefuls co"e fro" 9ongress or a governorship! but they al"ost never announce for the presidency before they feel they have support for a ca"paign# *sually the hopeful "akes it kno&n to the press that he or she &ill be holding an i"portant press conference on a certain day at a certain ti"e! and the announce"ent serves as the for"al beginning to the ca"paign# Ste" C4 T)e Pre identia& Primarie 9andidates for a party:s presidential no"inees run in a series of presidential pri"aries! in &hich they register to run# 8y tradition! the first pri"ary in held in .ebruary of the election year in @e& $a"pshire# +tates hold individual

pri"aries through June on dates deter"ined ahead of ti"e# 'echnically! the states are choosing convention delegates! but "ost delegates abide by the decisions of the voters# )elegates "ay be allocated according to proportional representation! &ith the )e"ocrats "andating this syste"# 'he ?epublicans endorse in so"e states a &inner-take-all syste" for its delegates# %n several states! the delegates are not pledged to any certain delegate# @o "atter &hat the syste"! ho&ever! the candidates &ho &in early pri"aries tend to pick up support along the &ay! and those that lose generally find it difficult to raise "oney! and are forced to drop out of the race# 'he tendency is for early pri"aries to be "ore i"portant than later ones# 'he trend of "oving pri"aries earlier and earlier in order to "a;i"i(e their i"pact on the race is called +ront&oadin*' 8y the ti"e pri"aries are over! each party:s candidate is al"ost certainly finali(ed# Ste" @4 T)e Con#ention 'he first party convention &as held during the presidency of Andre& Jackson by the )e"ocratic Barty# %t &as invented as a de"ocratic or Jgrass rootsJ replace"ent to the old party caucus in &hich party leaders "et together in Js"oke-filled roo"sJ to deter"ine the candidate# 'oday national party conventions are held in late su""er before the general election in @ove"ber# 8efore pri"aries began to be instituted state by state in the early part of this century! the conventions actually selected the party candidates# 'oday the pri"aries deter"ine the candidate! but the convention for"ally no"inates the"# Each party deter"ines its "ethods for selecting delegates! but they generally represent states in proportion to the nu"ber of party "e"bers in each state# Even though the real decision is "ade before the conventions begins! they are still i"portant for stating party platfor"s! for sho&ing party unity! and for highlighting the candidates &ith special vice-presidential and presidential candidates: speeches on the last night of the convention# %n short! the convention serves as a pep rally for the party! and it atte"pts to put its best foot for&ard to the voters &ho "ay &atch the celebrations on television# Ste" B4 Cam"ai*nin* +or t)e Genera& E&ection After the conventions are over! the t&o candidates then face one another# 'he ti"e bet&een the end of the last convention and Labor )ay used to be seen as a ti"e of rest! but in recent elections! candidates often go right on to the general ca"paign# -ost of the ca"paign "oney is spent in the general ca"paign! and "edia and election e;perts are &idely used during this ti"e# 8ecause each party &ants to &in! the candidates usually begin sounding "ore "iddle-of-the-road than they did in the pri"aries! &hen they &ere appealing to the party loyalists# +ince 1H60 "re identia& de%ate are often a "a1or feature of presidential elections! giving the candidates free 'A ti"e to influence votes in their favor# %n recent ca"paigns! the use of electronic "edia has beco"e "ore i"portant! and has had the effect of skyrocketing the cost of ca"paigns# CAMPAIGN SPENDING +pending for ca"paigns and elections are critici(ed for "any reasons# -a1or refor"s &ere passed in 1H=G largely as a result of abuses e;posed by the 4atergate scandal# 'hese refor"s &ere stated in the /edera& E&ection Cam"ai*n Act# Dther i"portant "ilestones have Buc!le) vs. Valeo and the .i"arti an Cam"ai*n Re+orm Act o+ CGGC' /ECA had several i"portant provisions, A si;-person .ederal Election 9o""ission &as for"ed to oversee election contributions and e;penditures and to investigate and prosecute violators# All contributions over P100 "ust be disclosed! and no cash contributions over P100 are allo&ed# @o foreign contributions are allo&ed# %ndividual contributions &ere li"ited to P1!000 per candidate and P<!000 to a political action co""ittee# A corporation or other association is allo&ed to establish a BA9! &hich has to register si; "onths in advance! have at least fifty contributors! and give to at least five candidates# BA9 contributions are li"ited to P<!000 per candidate and P1<!000 to a national party# .ederal "atching funds are provided for "a1or candidates in pri"aries! and all ca"paign costs of "a1or candidates in the general election &ere to be paid by the govern"ent# /%n order to ualify for public financing! "inor parties have to receive at least <M of the vote in the previous election#0

A"end"ents to .E9A allo&ed corporations! labor unions! and special interest groups to set up "o&itica& action committee /BA9s0 to raise "oney for candidates# Each corporation or labor union is li"ited to one BA9#

%n 1H=6 the +upre"e 9ourt ruled in Buc!le) vs. Valeo that li"iting the a"ount that a candidate could spend on his or her o&n ca"paign &as unconstitutional# 'hey 9ourt also concluded that li"iting independent e;penditures /P spent by others on ads! posters etcR in support of a candidate! but &here the spending is not coordinated &ith the ca"paign0 &as unconstitutional# T)e .i"arti an Cam"ai*n Re+orm Act o+ CGGC banned soft "oney to national parties /unli"ited P donated for party-building purposes0 and placed curbs on the use of ca"paign ads by outside interest groups# 'he li"it of P1000 per candidate contribution &as lifted to PE000 and inde;ed for inflation# 'he act also restricted sha" issue advocacy or issue ads that didn6t use the "agic &ords vote for or vote against! but &hich &ere clearly designed to affect the outco"e of elections# +uch ads could not be aired shortly before elections unless they &ere funded by hard "oney /P contributed in accordance &ith the .E9A li"itations0# 'his last provision &as declared unconstitutional as a violation of free speech in CitiHen United #' /EC /E0110# 'hat case also held that corporations! %76s and unions could spend their o&n funds /not 1ust BA9 funds0 on independent e;penditures# CRITICAL ELECTIONS N PARTY REALIGNMENTS Elections "ay be i"portant "ilestones in political history! either "arking changes in the electorate! or forcing changes the"selves# 'he strength of one political party or another "ay shift during critical or realigning periods! during &hich ti"e a lasting shift occurs in the popular coalition supporting one party of the other# A critical realigning election "arks a significant change in the &ay that large groups of citi(ens votes! shifting their political allegiance fro" one party to the other# ?ealign"ents usually occur because issues change! reflecting ne& schis"s for"ed bet&een groups# Bolitical scientists see several realign"ents fro" the past! during or 1ust after an election! &ith the clearest realign"ents taking place after the elections of 1>60! 1>H6! and 1HFE# T)e e&ection o+ 9:EG - 'he 4hig party collapsed due to strains bet&een the @orth and +outh over slavery! and the ?epublicans under Lincoln ca"e to po&er# .our "a1or candidates ran for the Bresidency! but the country realigned by region, @orth vs# +outh# T)e e&ection o+ 9:?E O 'he key issues &ere econo"ically based 23 7old v# silver standard for *+ currency S high v# lo& tariffs# .ar"ers &ere hit hard by a series of depressions! and they de"anded refor"s that &ould benefit far"ers# 'he )e"ocrats no"inated 4illia" Jennings 8ryan! a cha"pion of the far"ers! and in so doing! alienated the eastern laborers! and creating an EastC4est split rather than the old @orthC+outh split of the post 9ivil 4ar Era# T)e e&ection o+ 9?@C - 'he issues surrounding the 7reat )epression /$oover and laisse( faire econo"ics vs# .)? and Neynesian econo"ic theory0 created the @e& )eal coalition! &here far"ers! urban &orkers! northern blacks! southern &hites! and Je&ish voters supported the )e"ocrats# As a result! the )e"ocrats beca"e the do"inant party#

+ince 1HFE political scientists agree on no defining realign"ents! but a dea&i*nment see"s to have occurred instead# ?ather than shifting loyalties fro" one party to another! people have see"ed less inclined to affiliate &ith a political party at all! preferring to call the"selves Jindependents#J 'his resulted in "ore split-ticket voting /voting for one party for one office and another party for another office0 and divided govern"ent# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 <E=s 8ipartisan 9a"paign ?efor" Act of E00E 8lanket pri"aries .$c-&ey # ' 1a&eo .E9A caucuses 9losed pri"aries 9oat tail effect 9ritical realigning election dealign"ent frontloading 7eneral election Dpen pri"aries BA9s Blurality Bresidential debates +ingle-"e"ber districts +oft "oney 4inner-take-all syste"

INTEREST GROUPS
An interest group is an organi(ation of people &ho enter the political process to try to achieve their shared goals#

PARTIES 1S' INTEREST GROUPS Barties and interest groups have a great deal of co""on because they represent political points of vie& of various people &ho &ant to influence policy "aking# 'his si"ilarity has led so"e observers to suggest that interest groups "ay so"eday even replace parties as linkage institutions to the electorate# $o&ever! so"e significant differences still e;ist# Barties influence govern"ent pri"arily through the electoral process# Although they serve "any purposes! parties al&ays run candidates for public office# %nterest groups and BA9s support candidates! but they do not run their o&n slate of candidates# Barties generate and support a broad spectru" of policiesI interest groups support one or a fe& related policies# +o! &hereas a party "ay take a position on gun control! business regulations! ca"paign finance refor"! and *#+# involve"ent in conflicts abroad! an interest group al"ost al&ays focuses on one area#

PACS Bolitical action co""ittees /BA9s0 are the political ar"s of interest groups! legally entitled to raise voluntary funds to contribute to favored candidates or political parties# Like political parties! BA9s focus on influencing election results! but their interest in the candidates is narro&ly based because they are al"ost al&ays affiliated &ith particular interest groups# 'he nu"ber of BA9s has "ushroo"ed over the past F0 years! especially since .E9A! &hich li"ited individual contributions to ca"paigns# 'he Act did allo& BA9s to e;ist! and "ost large interest groups for"ed the" as &ays to funnel "oney to their favorite candidates for office# 'oday "ore than G000 BA9s represent corporations! labor unions! and professional and trade associations! but t)e %i**e t e5"&o ion )a %een in t)e %$ ine ,or&d! ,it) more t)an )a&+ o+ t)em re"re entin* cor"oration or ot)er %$ ine intere t # THE GROFTH O/ INTEREST GROUPS %nterest groups have been a part of A"erican politics since the beginning! but their nu"bers have gro&n incredibly in recent years# +o"e &ell-kno&n groups! such as the +ierra 9lub and the @ational Association for the Advance"ent of 9olored Beople have e;isted for a century# -any interest groups! ho&ever! are relatively ne&! &ith "ore than half for"ing after 4orld 4ar %%# %nterest groups see"s to e;ist for everyone# +o"e are broad-based! like the @ational Association of -anufacturers! but others are al"ost unbelievably specific! such as the A"erican 9ricket 7ro&ers Association# -any groups base their organi(ation on econo"ics# -ore than three-fourths originated fro" industrial! occupational! or professional "e"bership# %n recent years "ore groups have "oved their head uarters to 4ashington to be as close to the source of po&er as possible# 'oday very fe& occupations or industries go &ithout interest groups to represent the" in 4ashington# TYPES O/ MEM.ERSHIP -e"bership in interest groups "ay be classified in t&o &ays, institutional and individual# A group:s "e"bers "ay be co"posed of organi(ations! such as businesses or corporations! or they "ay be co"posed of individuals # In tit$tiona& Intere t - 'he "ost usual organi(ation represents a business or corporation# Dver five hundred fir"s have lobbyists! public-relations e;perts! andCor la&yers in 4ashington! "ost of the" opening offices since 1H=0# Dther institutions represented in 4ashington are universities! foundations! and govern"ents# .or e;a"ple! city govern"ents are represented through the @ational League of 9ities! and counties through the @ational Association of 9ounties# 'he @ational 9ouncil on Education speaks for institutions of higher learning# Indi#id$a& Intere t -%ndividual A"ericans are "uch "ore likely to 1oin religious and political associations than are citi(ens in other de"ocracies# -any of the organi(ations they 1oin are represented in 4ashington and lobby the govern"ent for favorable policies for their interest# -any of the largest interest groups have individual! not institutional! "e"bership# .or e;a"ple! the A"erican .ederation of Labor - 9ongress of %ndustrial Drgani(ations /A.L-9%D0! one of the "ost po&erful labor unions! has "ore than 1F "illion "e"bers# Dther &ell-kno& groups! such as the @AA9B! the +ierra 9lub! and the @ational Drgani(ation for 4o"en /@D40! have very large "e"berships# ?eligious organi(ations are also &ell-represented! such as the influential 9hristian 9oalition#

TYPES O/ INTEREST GROUPS ECONOMIC INTERESTS Economic *ro$" are concerned pri"arily &ith profits! prices! and &ages# Although govern"ent does not set the" directly! govern"ent can significantly effect the" through regulations! subsidies and contracts! trade policy! and ta; advantages# La%or $nion focus on better &orking conditions and higher &ages# 'o ensure their solidarity! unions have established the c&o ed )o" >or $nion )o"D! &hich re uires ne& e"ployees to 1oin the union representing the"# E"ployers! on the other hand! have supported right-to-&ork la&s! &hich argue that union "e"bership should be optional# .$ ine *ro$" - Large corporations! such as 7eneral -otors and A'S'! e;ercise considerable political influence! as do hundreds of s"aller corporations# +ince the late 1>00s govern"ent has regulated business practices! and those regulations continue to be a "a1or concern of business interest groups# A less visible type represents trade associations! &hich are as

diverse as the products and services they provide# E;a"ples are life insurance groups! tire "anufacturers! restaurants! real estate dealers! and "ovie"akers# 'he broadest trade association is the 9ha"ber of 9o""erce of the *nited +tates! a federation of several thousand local cha"bers of co""erce representing "ore than E00!000 of business fir"s# 'he phar"aceutical lobby! &hich represents "any drug "anufacturers is one of the "ost po&erful business lobbies &ith over 600 registered lobbyists# 'he industry spent close to PE00 "illion in 1HHH-E000 for lobbying and ca"paign purposes# Pro+e iona& *ro$" - +o"e of the "ost po&erful interest groups are "ro+e iona& *ro$" that represent various occupations# +o"e &ell-kno&n ones are the A"erican -edical Association! the A"erican 8ar Association! the A"erican Association of *niversity Brofessors! and the @ational Education Association# 'hese groups are interested in the "any govern"ent policies that affect their professions# .or e;a"ple! la&yers are licensed by states! &hich set up certain standards of ad"ission to the state bar# 'he A"erican 8ar Association is interested in influencing those standards# Like&ise! the A"erican -edical Association has been very involved in recent govern"ent proposals for nationally sponsored healthcare refor"s! especially as they affect doctors#

CONSUMER AND PU.LIC INTEREST GROUPS 'oday over t&o thousand groups cha"pion causes Jin the public interest#J 'hey differ fro" "any other interest groups in that they seek a collective good! benefits for everyone! not 1ust the "e"bers of the interest groups the"selves# P$%&ic intere t *ro$" began during the 1H60s under the leadership of consu"er advocate ?alph @ader# @ader first gained national attention &ith his book! +nsafe at Any Speed! &hich attacked 7eneral -otors: 9orvair as a dangerous and "echanically deficient auto"obile# Bublic %nterest ?esearch 7roups /B%?7+0 actively pro"ote environ"ental issues! safe energy! consu"er protection! and good govern"ent# B%?7+ have a national "e"bership of "ore than G00!000! "aking the" one of the largest individual "e"bership organi(ations in the country# Another &ell kno&n public interest group is 9o""on 9ause! founded in 1H=0 to pro"ote electoral refor" and a political process that is "ore open to the public# 'he League of 4o"en Aoters! a nonpartisan public interest group! sponsored presidential debates until E000! &hen the candidates did not agree &ith debate rules set by the League# En#ironmenta& intere t - A special type of public interest group focuses on en#ironmenta& intere t ' A fe&! like the +ierra 9lub and Audubon +ociety! &ere founded in the late 1Hth century! but "ost &ere created after 1H=0# Environ"ental groups pro"ote pollution control! &ilderness protection! and population control# 'hey have opposed strip-"ining! oil pipelines! offshore oil drilling! supersonic aircraft! and nuclear po&er plants# 'heir concerns often directly conflict &ith those of corporations &hose activities they &ish to control# Energy producers argue that environ"entalists oppose energy pro1ects necessary to keep our "odern society operating#

EOUALITY AND 3USTICE INTERESTS %nterest groups have cha"pioned e ual rights and 1ustice! particularly for &o"en and "inorities# 'he oldest and largest of these groups is the @ational Association for the Advance"ent of 9olored Beople /@AA9B0# 'he @AA9B has lobbied and pressed court cases to defend e ual rights in voting! e"ploy"ent! and housing# 'he "ost pro"inent &o"en:s rights organi(ation is the @ational Drgani(ation for 4o"en /@D40 that pushed for ratification of the E ual ?ights A"end"ent /E?A0 in the 1H=0s# Although the a"end"ent did not pass! @D4 still lobbies for an end to se;ual discri"ination# Dther organi(ations that support e ual rights are the @ational *rban League and the @ational 4o"en:s Bolitical 9aucus# HOF INTEREST GROUPS FOR0 %nterest groups generally e"ploy four strategies for acco"plishing their goals, lobbying! electioneering! litigation! and appealing to the public for support# LO..YING4 'o &o%%y "eans to atte"pt to influence govern"ent policies on behalf of a group# 'he ter" &as originally used in the "id-seventeen century to refer to a large roo" near the English $ouse of 9o""ons &here people could plead their cases to "e"bers of Barlia"ent# %n early *nited +tates history! lobbyists traditionally buttonholed "e"bers of 9ongress in the lobbies 1ust outside the cha"bers of the $ouse or +enate# %n the nineteenth century lobbyists &ere seen as vote buyers &ho used "oney to corrupt legislators# 'oday lobbying is regarded less negatively! but the old stereotypes still re"ain# Lobbyists today influence la&"akers and agency bureaucrats in "any different &ays than cornering the" outside their &ork places# +o"e of their activities include, contacting govern"ent officials by phone or letter providing credible infor"ation helping "e"bers of congress &ith reelection efforts drafting proposed legislation taking officials to lunch testifying at co""ittee hearings#

ELECTIONEERING, %n order to acco"plish their goals! interest groups need to get and keep people in office &ho support their causes# E&ectioneerin*! then! is another i"portant part of the &ork that interest groups do# -any groups aid congressional candidates sy"pathetic to their interests by providing "oney for their political ca"paigns# 'oday BA9s do "ost of the electioneering# As ca"paign costs have risen! BA9s have helped pay the bills# About half of the "e"bers of the $ouse of ?epresentatives get the "a1ority of their ca"paign funds fro" BA9s# BA9s over&hel"ingly support incu"bents! although they so"eti"es play it safe by contributing to the ca"paigns of challengers as &ell# %ncu"bents! ho&ever! have voting records to check and also are likely to be reelected# -ost candidates! including incu"bents! readily accept BA9 "oney# LITIGATION4 %f interest groups cannot get &hat they &ant fro" 9ongress! they "ay sue businesses or the federal govern"ent for action# Environ"entalist groups have used this tactic successfully to force businesses to follo& govern"ent regulations# Even the threat of la&suits "ay force businesses to change their &ays# La&suits &ere used successfully during the 1H<0s by civil rights groups# 9ivil rights bills &ere stalled in 9ongress! so interest groups! such as the @ational Association for the Advance"ent of 9olored Beople! turned to the courts to gain a foru" for school desegregation! e ual housing! and labor "arket e uality# %nterest groups "ay influence court decisions by filing amic$ c$riae /Jfriends of the courtJ0 briefs! &hich consist of &ritten argu"ents sub"itted to the courts in support of one side of a case or the other# %n particularly controversial cases! "any briefs "ay be filed on both sides of the issue# .or e;a"ple! in the case of ?egents of the +niversity of California v. ,a**e, &hich challenged affir"ative action progra"s as reverse discri"ination! over a hundred different groups filed a"icus briefings# 7roups "ay also file c&a action &a, $it ! &hich enable a group of si"ilar plaintiffs to co"bine their grievances into a single suit# A fa"ous e;a"ple is ,ro(n v. the ,oard of Education of Tope*a in 1H<G! &hich not only represented Linda 8ro&n in 'opeka! Nansas! but several other children si"ilarly situated around the country# APPEALING TO THE PU.LIC4 %nterest groups so"eti"es "ay best influence policy "aking by carefully cultivating their public i"age# Labor interests "ay &ant A"ericans to see the" as hard-&orking "en and &o"en! the backbone of the country# .ar"ers "ay favor an i"age that represents old-fashioned values of &orking close to the earth in order to feed everyone else# 7roups that suffer adverse publicity! like "eat and egg producers &hose products have been critici(ed for their high cholesterol and fat content! often advertise to defend their products# 'heir goal "ay be not only to pro"ote business and sell their products! but to keep a favorable position a"ong lobby groups in 4ashington# 8ecause these ads do not directly affect the lobbying process! it is difficult to tell 1ust ho& successful they are! but "ore and "ore groups are turning to high-profile ad ca"paigns# THE ;RATINGS GAME<4 Dne &ell-kno&n activity of interest groups is rating "e"bers of 9ongress in ter"s of the a"ount of support they give to legislation that is favorable to their causes# -any interest groups use these rating syste"s to describe "e"bers6 voting records to interested citi(ens! and other ti"es they use the" to e"barrass "e"bers# .or e;a"ple! environ"ental groups identified the t&elve representatives that &ere "ost likely to vote against environ"ental bills! and na"ed the" the )irty )o(en# 'he typical sche"e ranges fro" 0 to 100 percent! reflecting the percentage of ti"es the "e"ber supports the group6s legislative agenda# E//ECTI1E INTEREST GROUPS -any factors contribute to the success of an interest group! including its si(e! intensity and financial resources# SiHe - %t see"s logical that large interest groups &ould be "ore effective than s"all ones! but al"ost the opposite is true# %f a group has a large "e"bership! it tends to have a +ree rider proble"# +ince there are so "any "e"bers! individuals tend to think so"eone else &ill do the &ork# %t is inherently easier to organi(e a s"all! rather than a large! group for action! and interest groups are no e;ception# 'he proble" is particularly acute for public interest groups &ho seek benefits for all! not 1ust for the"selves# %n contrast! s"aller business-oriented lobbies often provide tangible! specific advantages for their "e"bers# Inten ity - 7roups that are intensely co""itted to their goals are uite logically "ore successful than those that are not# A single-issue group! devoted to such causes as pro-life! anti-nuclear energy! or gun control! often is "ost intense# /inancia& re o$rce - An interest group has only a li"ited influence if it does not have financial resources ade uate to carry on its &ork# -ost of their activities - such as lobbying! electioneering! and &riting a"icus curaie briefs - cost "oney! so successful fund-raising is crucial to the success of any type of interest group#

THE =RE1OL1ING DOOR=4 %nterest groups are often critici(ed for a type of interaction &ith govern"ent kno&n as the Jrevolving door# 'hrough this practice! govern"ent officials - both in 9ongress and e;ecutive agencies - uit their 1obs to take positions as lobbyists or consultants to businesses# -any people fear that the Jrevolving doorJ "ay give private interests

unfair influence over govern"ent decisions# .or e;a"ple! if a govern"ent official does a favor for a corporation because he or she is pro"ised a 1ob after leaving govern"ent! then the official is not acting for the good of the public# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 <E=s amicus curiae class action la&suits electioneering Elitist theory .ree rider proble" $yperpluralist theory %ndividual interests %nstitutional interests %nterest groups lobbying Bluralist theory Bolitical action co""ittees Bublic interest groups ?evolving door DpenCclosed union shop

CONGRESS
'he founding fathers intended for 9ongress to be the central policy-"aking body in the federal govern"ent# Although the po&er of 9ongress has fluctuated over the years! today it shares &ith the presidency and the 1udiciary the responsibility of "aking key policy decisions that shape the course of the nation# THE PEOPLE7S IN/LUENCE Although the founders sa& 9ongress as the body "ost directly in touch &ith the people! "ost people today have negative overall vie&s of both houses# Approval ratings have hovered for years at about F0M! although in recent years those ratings have cli"bed so"e&hat higher# Ket the "a1ority of voters e;press higher approval ratings /60 to =0M0 for the "e"bers of congress fro" their districts# -e"bers of 9ongress are seen as &orking for their constituents! but 9ongress as a &hole supposedly represents the nation as a &hole# 'hese see"ingly contradictory e;pectations create different pressures on "e"bers of 9ongress# A"ericans elect their senators and representatives# 'his direct link bet&een the legislature and the people is a very i"portant part of our de"ocracy# +hould 9ongress! then! reflect the &ill of the people5 Dr should they pay attention to their o&n points of vie&! even if they disagree &ith their constituents5 -any considerations influence the voting patterns of "e"bers of 9ongress! including the follo&ing, Con tit$ent 7 1ie, ' -e"bers of congress often visit their ho"e districts and states to keep in touch &ith their constituents6 vie&s# 'hey also read their "ail! keep in touch &ith local and state political leaders! and "eet &ith their constituents in 4ashington# +o"e pay "ore attention than others! but they all have to consider the vie&s of the folks back ho"e# -e"bers &ho vote pri"arily in accord &ith constituent convictions vie& the"selves as de&e*ate # Party 1ie, ' 9ongress is organi(ed pri"arily along party lines! so party "e"bership is an i"portant deter"inant of a "e"ber6s vote# Each party develops its o&n versions of "any i"portant bills! and party leaders actively pressure "e"bers to vote according to party vie&s# %t is not surprising that representatives and senators vote along party lines about threefourths of the ti"e# Per ona& 1ie, ' 4hat if a representative or senator seriously disagrees &ith the vie&s of his constituents on a particular issue5 $o& should he or she vote5 'hose &ho believe that personal vie&s are "ost i"portant argue that the people vote for candidates that they think have good 1udg"ent# -e"bers &ho vie& their o&n role this &ay are called tr$ tee # ?epresentatives should feel free to e;ercise their o&n personal vie&s# After all! if the people don6t like it! they can al&ays vote the" out of office#

CONGRESS IN THE CONSTITUTION4 At its creation in 1=>H the legislative branch &as a uni ue invention# ?ule by kings and e"perors &as an old style of govern"ent! and the legislature in "any &ays represented the ne&# Al"ost certainly! the founders intended that 9ongress have "ore i"portant po&ers than they granted to the president and the 1udiciary# $o&ever! they placed "any checks and balances on the legislature that have shaped &hat &e have today# 'hey controlled po&er not only by checks fro" the other branches! but by creating a bica"eral /t&o-$ouse0 9ongress - the +enate and the $ouse of ?epresentatives# 'he po&ers of 9ongress are both constitutional and evolutionary# THE STRUCTURE O/ CONGRESS4 Driginally! the 9onstitution provided for "e"bers of the $ouse of ?epresentatives to be elected directly by the people and the +enate to be chosen by the legislatures of each state# 'he "e"bership of the $ouse &as based on population &ith larger states having "ore representatives! and the +enate &as to have e ual representation! t&o senators per state# %n 1H1F the 1=th a"end"ent provided for direct election of senators#

A representative &as re uired to be E< years old! seven years a citi(en of the *nited +tates! and a citi(en of the state represented# A representative:s ter" &as set at t&o years# A senator served a si; year ter" and &as to be at least F0 years old! nine years a citi(en! and a citi(en of the state represented# 'he nu"ber of ter"s either representatives or senators could serve &as not li"ited# 'he original nu"ber of representatives &as 6<I in 1H11! the si(e &as li"ited to GF<# ?epresentatives are reapportioned a"ong the states every ten years after the census is taken# CONSTITUTIONAL POFERS 'he enu"erated po&ers /or e;press po&ers0 of 9ongress are defined in Article %! section > of the 9onstitution# +o"e i"portant ones, 'o lay and collect ta;es! duties! i"ports! and e;cises 'o borro& "oney 'o regulate co""erce &ith foreign nations and a"ong the states 'o declare &ar 'o raise and support an ar"y and navy

%n addition the =e&a tic= c&a$ e /also called the necessary and proper clause0 allo&ed the govern"ent to J"ake all la&s &hich shall be necessary and proper for carrying into e;ecution the foregoing po&ers! and all other po&ers vested by this 9onstitution in the govern"ent of the *nited +tates#J 'he 9onstitution also gives each house of 9ongress so"e special! e;clusive po&ers# +uch po&ers given to the $ouse of ?epresentatives are, Re#en$e %i&& "ust originate in the $ouse of ?epresentatives# Although this po&er is still honored today! it tends to have blurred over the years# Dften budget bills are considered si"ultaneously in both houses! and ta; policy has also beco"e a "a1or initiative of the Bresident# Im"eac)ment "o,er! the authority to charge the president! vice president! and other civil officers &ith high cri"es and "isde"eanors is given to the $ouse# 'he +enate conducts trials for i"peach"ent! but only the $ouse "ay "ake the charge#

+pecial! e;clusive po&ers given to the +enate are Major "re identia& a""ointment "ust be confir"ed by the +enate# 'he +enate offers advice and consent to the president by a "a1ority vote regarding the appoint"ents of federal 1udges! a"bassadors! and 9abinet positions# Treatie ,it) ot)er nation entered into by the Bresident "ust be approved by a t&o-thirds vote of the +enate# 'his provision is an illustration of checks and balances! and it has served as a very i"portant restriction to foreign policy po&ers of the A"erican Bresident#

'&o other i"portant functions of 9ongress are, O#er i*)t o+ t)e %$d*et' 9ongress revie&s and restricts the annual budget prepared by the e;ecutive branch# 4hen a la& is passed setting up a govern"ent progra"! 9ongress "ust pass an a$t)oriHation bill that states the "a;i"u" a"ount of "oney available# 4hen the nation6s budget is set! only 9ongress can set the a""ro"riation - the actual a"ount available in a fiscal year - for each progra" that it has authori(ed# In#e ti*ation' 9ongress "ay investigate both issues that &arrant study and &rong doings by public officials# 'hrough co""ittee hearings! 9ongress has e;a"ined issues such as cri"e! consu"er safety! health care! and foreign trade# Although 9ongress "ust abide by protected individual rights! their co""ittees have e;a"ined "any allegations against elected officials# .a"ous recent investigations include the 4atergate and the 9linton-Le&insky hearings#

LEADERSHIP4 Bolitical parties are very i"portant in both the $ouse of ?epresentatives and the +enate today# Even though political parties don6t play as big a role in elections as they once did! they still provide the basic organi(ation of leadership in 9ongress# After each legislative election the party that &ins the "ost representatives is designated the ;majority in each house! and the other party is called the ;minority# *sually! the sa"e party holds both houses! but occasionally they are split# .or e;a"ple! fro" 1H>F><! the $ouse "a1ority &as )e"ocratic and the +enate "a1ority &as ?epublican# 'he split happened again in E001! &hen an evenly divided +enate beca"e )e"ocratic &hen +enator Ji" Jeffords dropped his affiliation &ith the ?epublican Barty to beco"e an independent# 'hese designations are i"portant because the "a1ority party holds the "ost significant leadership positions# LEADERSHIP IN THE HOUSE O/ REPRESENTATI1ES4 'he S"ea-er o+ t)e Ho$ e is the "ost i"portant leadership position in the $ouse# 'his office is provided for in the 9onstitution! and even though it says J'he $ouse of ?epresentatives shall choose their

+peaker and other Dfficers!J in truth the "a1ority party does the choosing# 8efore each 9ongress convenes the "a1ority party selects its candidate! &ho al"ost al&ays is the person selected# 'he +peaker typically has held other leadership positions and is a senior "e"ber of the party# 4hile less po&erful today than in ti"es past! the +peaker still has so"e i"portant po&ers, recogni(ing "e"bers &ho &ish to speak ruling on uestions of parlia"entary procedure appointing "e"bers to select and conference co""ittees directs business on the floor e;ercising political and behind-the-scenes influence appointing "e"bers of the co""ittees &ho appoint "e"bers to standing co""ittees e;ercising substantial control over &hich bills get assigned to &hich co""ittees appointing the party:s legislative leaders

'he +peaker:s "ost i"portant colleague is the majority &eader! &hose position is often a stepping-stone to the +peaker:s position# 'he "a1ority leader is responsible for scheduling bills and for rounding up votes for bills the party favors# 'he minority &eader is the spokesperson for the "inority party! and usually steps into the position of +peaker &hen and if his or her party gains a "a1ority in the $ouse# Assisting each floor leader are the "arty ,)i" ! &ho serve as go-bet&eens for the "e"bers and the leadership# 'hey infor" "e"bers &hen i"portant bills &ill co"e up for a vote! do nose-counts for the leadership! and pressure "e"bers to support the leadership# LEADERSHIP IN THE SENATE4 'he +enate is characteri(ed by its highest positions actually having very little po&er# 8y 9onstitutional provision! the "re ident o+ t)e Senate is the vice-president of the *nited +tates# A vice-president can vote only in case of a tie and seldo" attends +enate sessions# 'he +enate selects fro" a"ong the "a1ority party a largely cere"onial '"esi#ent '"o te*'o"e! usually the "ost senior "e"ber in the party# 'he president pro tempore is the official chair! but since the 1ob has no real po&ers! the 1ob of presiding over the +enate is usually given to a 1unior senator# 'he real leaders of the +enate are the majority &eader and the minority &eader# 'he +enate "a1ority leader is often the "ost influential person in the +enate! and has the right to be the first senator heard on the floor# 'he "a1ority leader deter"ines the +enate:s agenda and usually has "uch to say about co""ittee assign"ents# 'he "a1ority leader "ay consult &ith the "inority leader in setting the agenda! but the "inority leader generally only has as "uch say as the "a1ority leader is &illing to allo&# 'he +enate also has "arty ,)i" that serve "uch the sa"e functions as they serve in the $ouse# COMMITTEES AND SU.COMMITTEES4 CONGRESS AT FOR04 -ost of the real &ork of 9ongress goes on in co""ittees and subco""ittees# 8ills are &orked out or killed in co""ittees! and co""ittees investigate proble"s and oversee the e;ecutive branch# $ere are the +o$r ty"e o+ committee , Standin* committee are the "ost i"portant type because they handle bills in different policy areas! thus shaping legislation it a very critical point# 'he +enate and the $ouse have separate standing co""ittees, the +enate currently has 16 and the $ouse has 1H# 'he nu"bers "ay fluctuate slightly! but they tend to JstandJ for a long ti"e# Se&ect committee >also ad )oc! or "ecia& committee D are for"ed for specific purposes and are usually te"porary# A fa"ous e;a"ple is the select co""ittee that investigated the 4atergate scandal# Dther select co""ittees! like the +elect 9o""ittee on Aging and the +elect 9o""ittee on %ndian Affairs! have e;isted for a nu"ber of years and actually produce legislation# +o"eti"es long-standing select co""ittees eventually beco"e standing co""ittees# 3oint committee have si"ilar purposes to select co""ittees! but they consist of "e"bers fro" both the $ouse and +enate# 'hey are set up to conduct business bet&een the houses and to help focus public attention on "a1or issues# 'hey investigate issues like the %ran-9ontra affair in the 1H>0s! and they oversee institutions such as the Library of 9ongress# Con+erence committee also consist of "e"bers fro" both the $ouse and +enate! but they are for"ed e;clusively to ha""er out differences bet&een $ouse and +enate versions of si"ilar bills# A bill goes to a conference co""ittee after it has been approved in separate processes in the t&o houses! and a co"pro"ise bill is sent back to each house for final approval#

THE FOR0 O/ COMMITTEES' -ore than 11!000 bills are introduced in the $ouse and +enate over the t&o-year life span of a 9ongress! and all of the" cannot possibly be considered by the full "e"berships# Each bill is sub"itted to a co""ittee that has life or death control over its future# 'he "a1ority of bills are "i*eon)o&ed! or forgotten for &eeks or forever! and never "ake it out of co""ittee# 8ills are sub"itted to a subco""ittee that &ill discuss the" and possibly hold hearings for the"# About F000 staff assist the various co""ittees and subco""ittees! conducting research and ad"inistrative and clerical &ork# +upporters and critics of the bill appear at the hearings and are uestioned by subco""ittee "e"bers#

'he bills that survive this far into the process are then mar-ed $" /changed or re&ritten0 and returned to the full co""ittee &here they "ay be altered further# %f the co""ittee approves a bill! it &ill then be sent first to the ?ules 9o""ittee in the $ouse! and then to the floor# 'he bill is sent directly to the floor in the +enate COMMITTEE MEM.ERSHIP 9o""ittee "e"bership is controlled by the parties! pri"arily by the "a1ority party# 'he chair"an and a "a1ority of each standing co""ittee co"e fro" the "a1ority party# 'he re"aining co""ittee "e"bers are fro" the "inority party! but they are al&ays a "inority on the co""ittee# %n the $ouse of ?epresentatives! a 9o""ittee on 9o""ittees places ?epublicans on co""ittees! and the +teering and Bolicy 9o""ittee selects the )e"ocrats# %n the +enate! each party has a s"all +teering 9o""ittee that "akes co""ittee assign"ents# Assign"ents are based on the personal and political ualities of the "e"ber! his or her region! and &hether the assign"ent &ill help reelect the "e"ber# 7etting on the right co""ittee is very i"portant to "ost "e"bers of 9ongress# A "e"ber fro" a JsafeJ district &hose reelection is secure "ay &ant to serve on an i"portant co""ittee that pro"otes a po&er base in 4ashington# Dn the other hand! a "e"ber &ho has fe& a"bitions beyond his or her current position and &hose reelection is less secure "ay &ant to serve on a co""ittee that suits the needs of constituents# .or e;a"ple! a less secure representative fro" rural Nansas "ay prefer to serve on the Agriculture 9o""ittee# COMMITTEE CHAIRMEN4 9o""ittee chair"en are the "ost i"portant shapers of the co""ittee agenda# 'heir positions &ere "ade "ore po&erful in the $ouse by the 1H10 revolt &hich transferred po&er fro" the +peaker to the chair"en# .ro" 1H10 until the early 1H=0s! chair"en &ere strictly chosen by the eniority y tem! in &hich the "e"ber &ith the longest continuous service on the co""ittee &as placed auto"atically in the chair"anship# %n the early 1H=0s! the $ouse decided to elect co""ittee chair"en by secret ballots fro" all the "a1ority "e"bers# As a result! several co""ittee chair"en &ere re"oved! and although "ost chair"en still get their positions through seniority! it is possible to be re"oved or overlooked# THE RULES COMMITTEE IN THE HOUSE4 'he ?ules 9o""ittee in the $ouse of ?epresentatives plays a key role in shaping legislation because it sets very i"portant rules for debate &hen the bill is presented to the $ouse after it leaves the co""ittee# A c&o ed r$&e /so"eti"es called a gag rule0 sets strict ti"e li"its on debates and forbids a"end"ents fro" the floor! e;cept those fro" the presenting co""ittee# *nder closed rule! "e"bers not on the co""ittee have little choice but to vote for or against the bill as it is# An o"en r$&e per"its a"end"ents and often has less strict ti"e li"its! allo&ing for input fro" other "e"bers# 'he ?ules 9o""ittee is controlled by the +peaker! and in recent years! has put "ore and "ore restrictions on bills! giving ?ules even "ore po&er#

CAUCUSES4 Although 9ongress is organi(ed for"ally through its party leadership and co""ittee syste"! e ually i"portant is the infor"al net&ork of ca$c$ e ! groupings of "e"bers of 9ongress sharing the sa"e interests or points of vie&# 'here are currently "ore than seventy of these groups! and their goal is to shape the agenda of 9ongress! &hich they do by elevating their issues or interests to a pro"inent place in the daily &orkings of 9ongress# +o"e caucuses are regionally based! &hile others share racial! ethnic! or gender characteristics! such as the 9ongressional 8lack 9aucus! or the 4o"en6s 9aucus# 4ithin 9ongress caucuses press for co""ittees to hold hearings! and they organi(e votes on bills they favor# 9aucuses also pressure agencies &ithin the bureaucracy to act according to the interest of the caucus# STA//4 -ore than F0!000 people &ork in paid bureaucratic positions for 9ongress# About half of the" serve as personal staff for "e"bers of 9ongress or as co""ittee staff "e"bers# 'he personal staff includes professionals that "anage the "e"ber6s ti"e! draft legislation! and deal &ith "edia and constituents# +taffers also "ust "aintain local offices in the "e"ber6s ho"e district or state# 'he average +enate office e"ploys about thirty staff "e"bers! but senators fro" the "ost populous states co""only e"ploy "ore# $ouse office staffs are usually about half as large as those of the +enate# Dverall! the nu"ber of staff "e"bers has increased dra"atically since 1H60# FHO IS IN CONGRESSI -e"bers of 9ongress are far fro" typical A"ericans! but they have a nu"ber of characteristics in co""on, H0M are "ale# -ost are &ell educated# -ost are fro" upper-"iddle or upper inco"e backgrounds# -ost are Brotestants! although in recent years! a "ore proportional nu"ber have been ?o"an 9atholic and Je&ish# -ost are &hite! &ith only a handful of African A"ericans! Asian A"ericans! $ispanics! and @ative A"ericans 'he average age of senators is about 60I representative average about <<#

G0M are la&yersI others are business o&ners or officers! professors and teachers! clergy! and far"ers#

'he fact that "e"bers of 9ongress represent privileged A"ericans is controversial# +o"e argue that the co"position of 9ongress does not provide ade uate representation for ordinary A"ericans# Dthers believe that a group of de"ographically average A"ericans &ould have difficulty "aking "a1or policy decisions and that elites can represent people &ho have different personal characteristics fro" the"selves# %t is i"portant to note that 9ongress has gradually beco"e "ore diverse! but "ost "inority groups re"ain underrepresented# INCUM.ENTS )uring the 1>00s "ost "e"bers of 9ongress served only one ter"! returning ho"e to their careers &hen they co"pleted their service# )uring the E0th century! serving in 9ongress has beco"e a lifeti"e career for "ost "e"bers! and the nu"ber of incu"bents! or those &ho already hold the office! &ith secure seats! has increased dra"atically# +cholars do not agree on all the reasons for the incu"bency trend# +o"e believe that &ith fe&er voters strongly attached to parties! people are voting for individuals! not for candidates because they are )e"ocrats or ?epublicans# %ncu"bents have "ore na"e recognition than challengersI therefore are "ore likely to be elected# %ncu"bents en1oy free "ailings /called the franking privilege0! "ore e;perience &ith ca"paigning! and greater access to the "edia# 'hey also raise ca"paign "oney "ore easily than challengers! because lobbyists and political action co""ittees seek their favors# 'oday P> of every P10 of BA9 "oney is given to incu"bents# REPRESENTATION4 .or "any years! any state &ith "ore than one representative has elected their representatives fro" single"e"ber districts# '&o proble"s e"erged fro" single-"e"ber districting, ma&a""ortionment - .or "any years states often dre& districts of une ual si(es and populations# As a result! so"e citi(ens had better access to their representatives than other did# 'he proble" &as addressed by the +upre"e 9ourt in the cases ,a*er v. Carr and -esberry v. Sanders! in &hich the 9ourt ordered that districts be dra&n so that one person:s vote &ould be as e ual as possible to another /the Jone "an one voteJ decisions0# *errymanderin* - 'his co""on practice &as originally "eant to give one political party an advantage over the other# )istrict boundaries are dra&n in strange &ays in order to "ake it easy for the candidate of one party to &in election in that district0# 'he ter" Jgerry"anderingJ is derived fro" the original gerry"anderer! Eldrige 7erry! &ho had a -assachusetts district dra&n in the shape of a sala"ander! to ensure the election of a ?epublican# Dver the years both parties &ere accused of "anipulating districts in order to gain an advantage in "e"bership in the $ouse#

MINORITYMMA3ORITY DISTRICTING 7erry"andering continues to be an issue today# A "ore recent for" that appeared shortly after the 1HH0 census is racial gerry"andering! other&ise kno&n as minorityMmajority di trictin*! or rearranging districts to allo& a "inority representative to be elected! is 1ust as controversial as the old style party gerry"andering# 'he +upre"e 9ourt said that legislatures could take race into account in redistricting decisions! but race cannot be the predominant factor# HOF A .ILL .ECOMES A LAF 9reating legislation is &hat the business of 9ongress is all about# %deas for la&s co"e fro" "any places - ordinary citi(ens! the Bresident! offices of the e;ecutive branch! state legislatures and governors! congressional staff! and of course the "e"bers of 9ongress the"selves# 9onstitutional provisions! &hose pri"ary purposes are to create obstacles! govern the process that a bill goes through before it beco"es la&# 'he founders believed that efficiency &as the hall"ark of oppressive govern"ent! and they &anted to be sure that la&s that actually passed all the hurdles &ere the &ell-considered result of inspection by "any eyes# +i"ilar versions of bills often are introduced in the $ouse and the +enate at appro;i"ately the sa"e ti"e! especially if the issues they address are considered to be i"portant# 'he vast "a1ority of bills never "ake it out of co""ittee! and those that survive have a co"ple; obstacle course to run before they beco"e la&s# INTRODUCTION O/ A .ILL Every bill "ust be introduced in the $ouse and +enate by a "e"ber of that body# Any "e"ber of the $ouse si"ply "ay hand a bill to a clerk or drop it in a JhopperJ# %n the +enate the presiding officer "ust recogni(e the "e"ber and announce the bill:s introduction# .ILLS IN COMMITTEE, After introduction! a bill is referred to co""ittee! &hether in the $ouse or the +enate# 'he 9onstitution re uires that Jall bills for raising revenue shall originate in the $ouse of ?epresentative!J but the +enate can a"end bills al"ost beyond recognition# $o&ever! because of this special po&er! the co""ittee in the $ouse that handles revenue legislation - the 4ays and -eans - is particularly po&erful#

-ost bills die in co""ittee! especially if they are only introduced to satisfy constituents or get publicity for the "e"ber of 9ongress that introduces it# %n the $ouse a di c)ar*e "etition "ay be signed by E1> "e"bers to bring it to the floor! but the vast "a1ority of bills are referred to the floor only after co""ittee reco""endation# /LOOR DE.ATE4 %"portant bills in the $ouse! including all bills of revenue! are so"eti"es referred to a Committee o+ t)e F)o&e that sits on the floor! but is directed by the chair"an of the sponsoring co""ittee# 'he uoru" is not the usual E1> "e"bers! but 100 "e"bers! and the debate is conducted by the co""ittee chair"an# +o"eti"es bills are significantly altered! but usually the bill goes to the full floor! &here the +peaker presides! and debate is guided by "ore for"al rules# 'he bills are not changed drastically! largely because "any are debated under closed rules# %f a"end"ents are allo&ed! they "ust be *ermane! or relevant to the topic of the bill# 8ills in the +enate go directly to the floor &here they are debated "uch less for"ally than in the $ouse# +enators "ay speak for as long as they &ish! &hich leads "ore and "ore fre uently to a +i&i%$ ter! the practice of talking a bill to death# Although one-"an filibusters are dra"atic! usually several senators &ho oppose a bill &ill agree together to block legislation through delay tactics! such as having the roll called over and over again# -ost of the ti"e no&! a senator or t&o &ill state their intent to filibuster! and the bill &ill be taken out of the strea" of business! sidetracked and stalled# 'his t&o-track syste" allo&s senate business to go for&ard despite the filibuster# A filibuster "ay be stopped by a c&ot$re! in &hich three-fifths of the entire +enate "e"bership "ust vote to stop debate# .or e;a"ple! )e"ocratic senators have filibustered several of ?epublican Bresident 7eorge 4# 8ush6s no"inees to the 1udiciary! resulting in those 1udgeships going unfilled# @o li"it e;ists on a"end"ents! so riders! or non-ger"ane provisions! or often added to bills fro" the floor# A bill &ith "any riders is kno&n as a C)ri tma -tree %i&&! and usually occurs because individual senators are trying to attach their favorite ideas or benefits to their states# CON/ERENCE COMMITTEE ACTION4 %f a bill is passed by one $ouse and not the other! it dies# %f a bill is not approved by both houses before the end of a 9ongress! it "ust begin all over again in the ne;t 9ongress if it is to be passed at all# 4hen the $ouse and the +enate cannot resolve si"ilar bills through infor"al agree"ents! the t&o versions of the bill "ust go to con+erence committee! &hose "e"bers are selected fro" both the $ouse and the +enate# 9o"pro"ise versions are sent back to each cha"ber for final approval# PRESIDENTIAL ACTION4 A bill approved by both houses is sent to the president &ho can either sign it or #eto it# %f the president vetoes it! the veto "ay be overridden by t&o-thirds of both houses# 'he president has ten days to act on a proposed piece of legislation# %f he receives a bill &ithin ten days of the ad1ourn"ent of the 9ongress! he "ay si"ply not respond and the bill &ill die# 'his practice is called a "oc-et #eto# CRITICISMS O/ CONGRESS 9ongress is critici(ed for "any things! but these practices are particularly controversial, POR0-.ARREL LEGISLATIONMLOGROLLING 8y the 1>=0s "e"bers of 9ongress &ere using the ter" ;"or-< to refer to benefits for their districts! and bills that give those benefits to constituents in hope of gaining their votes &ere called pork barrel legislation# 'he ter" co"es fro" the pre-9ivil 4ar days &hen it &as the custo" in the +outh to take salt pork fro" barrels and distribute it a"ong the slaves! &ho &ould often rush on the barrels# 9ritics point out that such actions do not insure that federal "oney goes to the places &here it is "ost needed! but to districts &hose representatives are "ost aggressive or "ost in need of votes# A particularly controversial e;a"ple &as the "a""oth E00< 9onsolidated Appropriations Act! &hich funded about 11!000 pro1ects! fro" building a 9ivil 4ar 'he"e Bark! renovating and building "useu"s and health care facilities! constructing several different halls of fa"e! and funding co""unity s&i""ing pools and parking garages# 'he act &as critici(ed largely because so "uch of the "oney &ent to constituencies &ell represented on the Appropriations 9o""ittees in 9ongress# Lo*ro&&in* occurs &hen a "e"ber of 9ongress supports another "e"ber:s pet pro1ect in return for support for his or her o&n pro1ect# 'he ter" co"es fro" pioneer days &hen neighbors &ould get together to roll logs fro" recently cleared property to "ake &ay for building houses# 'his JcooperationJ occurs in 9ongress in the for" of JKou scratch "y back! %:ll scratch yours#J As &ith "or- %arre& &e*i &ation! bills "ay be passed for frivolous reasons# INE//ICIENCY4 Barticularly in this age &here gridlock often slo&s the legislative process! "any people critici(e 9ongress for inefficiency# +o"e believe that the long process that bills "ust go through in order to beco"e la&s does not &ork &ell in "odern A"erica# $o&ever! the process affir"s the 9onstitutional design put in place by the founders# 'heir vision &as that only &ellreasoned bills beco"e la& and that "any voices should contribute to the process# .ro" that vie&point! then! the nature of de"ocratic discourse does not insure a s"oothly running! efficient 9ongress! but rather one that resolves differences through discussion! argu"ent! and the eventual shaping of legislation

IMPORTANT DE/INITIONS AND IDENTI/ICATIONS appropriation authori(ation bica"eral caucuses 9hrist"as-tree bill closed rules! open rules cloture 9o""ittee of the 4hole conference co""ittees elastic clause filibuster ger"ane a"end"ents gerry"andering incu"bency 1oint co""ittees logrolling "a1ority leader of the $ouse "a1ority leader of the +enate "alapportion"ent "arking up "inority leader of the $ouse "inority leader of the +enate "inorityC"a1ority districting oversight party &hips pigeonholingCdischarge petition pork barrel legislation president pro tempore revenue bills select co""ittees seniority syste" +peaker of the $ouse standing co""ittees

THE PRESIDENCY AND THE EJECUTI1E .RANCH

THE E1OLUTION O/ THE PRESIDENCY 9onstitutional provisions li"ited the early presidency! although the personalities of the first three presidents - 7eorge 4ashington! John Ada"s! and 'ho"as Jefferson - shaped it into an influential position by the early 1>00s# $o&ever! all through the 1>00s up until the 1HF0s! 9ongress &as the do"inant branch of the national govern"ent# 'hen! in the past hundred years or so! the balance of po&er has shifted dra"atically# $o& did this shift happen5 THE PRESIDENCY IN THE CONSTITUTION Article %% of the 9onstitution defines the ualifications! po&ers! and duties of the president and carefully notes so"e i"portant checks of the e;ecutive branch by the legislature# O$a&i+ication , 'he president "ust be a Jnatural-born citi(en#J Dnly individuals born as citi(ens "ay seek the presidencyI all others are e;cluded fro" consideration# 'he president "ust have lived in the *nited +tates for at least 1G years before his election! although the years don:t have to be consecutive# 'he president "ust be at least F< years old /in contrast to a "ini"u" age of F0 for a senator and E< for a representative0# 'his provision has never been seriously challenged! since presidents tend to be considerably older than F<# 'he youngest presidents &ere 'heodore ?oosevelt and John .# Nennedy! &ho both took office at the age of GF#

Po,er and D$tie 'he 9onstitutional po&ers and duties of the president are very li"ited# 'hose specifically granted are as follo&s, According to Article %%! +ection Dne! the president holds Jthe e;ecutive po&erJ of the *nited +tates# 'he Je;ecutiveJ &as "eant to Je;ecuteJ! or ad"inister the decisions "ade by the legislature# 'his phrase at least i"plies an e;ecutive check on the legislature! and in fact! has been the source of presidential po&er over the years# Mi&itary "o,er - 'he president is co""ander in chief of the ar"ed services# 'he intention of the founders &as to keep control of the "ilitary in the hands of a civilian! avoiding a "ilitary tyranny# %n -adison:s &ords /.ederalist @o# <10!

JA"bition "ust be "ade to counteract a"bition#J As co""ander in chief! the president has probably e;ercised "ore authority than in any other role# Although 9ongress has the sole po&er to declare &ar! the president can send the ar"ed forces into a country in situations that are the e uivalent of &ar# 9ongress has not officially declared &ar since )ece"ber >! 1HG1 /one day after the attack on Bearl $arbor0! yet the 9ountry has fought &ars in Norea! Aietna"! and the -iddle East# 9ongress atte"pted to control such "ilitary activities &hen it passed the Far Po,er Re o&$tion in 1H=F! re uiring the president to consult &ith 9ongress &hen activating "ilitary troops# 'he president "ust report to 9ongress &ithin forty-eight hours of deploying troops! and unless 9ongress approves the use of troops &ithin si;ty days or e;tends the si;ty-day ti"e li"it! the forces "ust be &ithdra&n# Even so! the president6s po&ers as co""ander in chief are "ore e;tensive today than they have ever been before# Di"&omatic "o,er -'he president "akes treaties &ith foreign nations! but only &ith the Jad#ice and con entJ of the +enate# '&o-thirds of the +enate "ust approve a treatyI a president:s signature is not enough to "ake it binding# 'his provision is a check of the e;ecutive by the legislature# $o&ever! presidents have gotten around this provision by using e5ec$ti#e a*reement "ade bet&een the president and other heads of state# +uch agree"ents do not re uire +enate approval! although 9ongress "ay &ithhold funding to i"ple"ent the"# 4hereas treaties are binding on future presidents! e;ecutive agree"ents are not# 'he 9onstitution also gives the president the po&er of di"&omatic reco*nition! or the po&er to recogni(e foreign govern"ents# 4hen t&entieth century presidents have &ithheld this recognition! it has often served as a po&erful co""ent on the legiti"acy of govern"ents# .or e;a"ple! the *#+# did not recogni(e the *#+#+#?# govern"ent created in 1H1= until the 1HF0s! nor did the president recogni(e the Beople6s ?epublic of 9hina /created in 1HGH0 until the early 1H=0s# A""ointment "o,er - 'he president appoints a"bassadors! other public officers! and 1udges of the +upre"e 9ourt! but again! only &ith the =ad#ice and con ent= of the +enate# '&o-thirds "ust confir" the appoint"ents# 'he president "ay appoint "any lo&er positions &ithout +enate approval! but those positions are created and defined by 9ongress# 'he appoint"ent po&er is generally li"ited to cabinet and subcabinet 1obs! federal 1udgeships! agency heads! and about t&o thousand less 1obs# -ost govern"ent positions are filled by civil service e"ployees! &ho co"pete for 1obs through a "erit syste"! so presidents have little say over the"# Bresidents generally have the po&er to re"ove e;ecutives fro" po&er! &ith a 1HE6 +upre"e 9ourt decision affir"ing the president6s ability to fire those e;ecutive-branch officials &ho" he appointed &ith +enate approval# Judges "ay be re"oved only through the i"peach"ent process! so presidents have little po&er over the" once they have been appointed# 1eto "o,er - A president can veto a legislative bill by returning it! along &ith a veto "essage or e;planation! &ithin ten days to the house in &hich it originated# 9ongress in turn "ay override the veto by a t&o-thirds vote# 'he president "ay also e;ercise the pocket veto# %f the president does not sign the bill &ithin ten days and 9ongress has ad1ourned &ithin that ti"e! the bill &ill not beco"e la&# Df course! the "oc-et #eto can only be used 1ust before the ter" of a given 9ongress ends#

STRENGTHENING THE PRESIDENCY .ro" the very beginning! infor"al influences have shaped the presidency# 'he fra"ers al"ost certainly fashioned the president in the i"age of 7eorge 4ashington! the "an unani"ously selected to first occupy the office# 4ashington:s ualities of &isdo"! "oderation! and dignity defined the "ore for"al duties and po&ers! and his nonpartisan attitudes created e;pectations for behavior in presidents that follo&ed# Dther strong presidents have contributed to the presidency as it e;ists today! such as Andre& Jackson! &ho first used the veto po&er e;tensivelyI Abraha" Lincoln! &ho carried the "eaning of Jco""ander in chiefJ to ne& heights during the 9ivil 4arI and .ranklin ?oosevelt! &ho for"ulated s&eeping @e& )eal policies that &ere finally checked by the +upre"e 9ourt# -any infor"al ualifications! po&ers! and duties of the president have evolved that are not "entioned in Article %% of the 9onstitution# /actor increa in* "re identia& "o,er in CGt) cent$ry, 'A! ?adio Berpetual 9risis /foreign affairs pri"arily a presidential area of concern! plus, people gravitate to and rally Tround the Bresident0 +ociety "ore co"ple;! and govern"ent has e;panded into ne& areas# *se of i"pound"ent! e;ecutive privilege! e;ecutive agree"ents )ecline of political parties

E5ec$ti#e Pri#i&e*e# 'he 9onstitution says nothing about presidential rights to keep private co""unications bet&een hi"self and his principal advisers! but presidents have traditionally clai"ed the privilege of confidentiality - e5ec$ti#e "ri#i&e*e# 'heir clai" is based on three grounds#

@ational security separation of po&ers keeps one branch fro" in uiring into the internal &orkings of another branch# Bresidents and advisers need the assurance of private discussions to be candid &ith one another &ithout fear of i""ediate press and public reaction#

Even though 9ongress has never liked e;ecutive privilege! the right &as not uestioned seriously until 1H=F &hen the +upre"e 9ourt addressed the issue directly# As a part of the 4atergate investigations! a federal prosecutor sought tape recordings of conversations bet&een ?ichard @i;on and his advisers# @i;on refused to give the tapes over! clai"ing e;ecutive privilege# %n Unite# States v. Ni+on the 9ourt held that there is no Jabsolute un ualified presidential privilege of i""unity fro" 1udicial process under all circu"stances#J %n this case! e;ecutive privilege &ould block the constitutionally defined function of federal courts to decide cri"inal cases# Im"o$ndment o+ /$nd ' Im"o$ndment is the presidential practice of refusing to spend "oney appropriated by 9ongress# Although "any previous presidents i"pounded funds! the test case ca"e &ith ?ichard @i;on# A "a1or goal of his ad"inistration &as to reduce federal spending! and &hen the )e"ocratic 9ongress passed spending bills! he responded by pocket-vetoing t&elve bills and then i"pounding funds appropriated under other la&s that he had not vetoed# 9ongress in turn passed the .$d*et Re+orm and Im"o$ndment Act o+ 9?AB that re uired the president to spend all appropriated funds! unless 9ongress approved the i"pound"ent# .ederal courts have upheld the rule that presidents "ust spend "oney that 9ongress appropriates# T)e Pre ident a Mora&e .$i&der' 'he founders had no &ay of kno&ing the evolutionary i"portance of the sy"bolic and "oralebuilding functions a president "ust perfor"# Beople turn to their presidents for "eaning! healing! assurance! and a sense of purpose# 'his function is particularly i"portant during ti"es of crisis! such as the period follo&ing the attacks on the 4orld 'rade 'o&ers and the Bentagon on +epte"ber 11! E001# 'he president is e;pected to help unify the nation! represent our co""on heritage! and create a cli"ate that encourages diverse ele"ents to &ork together# A*enda Settin* 'he 9onstitution provides the basis for the i"portant po&er of a*enda ettin* - or deter"ining policy priorities - for the nation# According to Article '&o! +ection 'hree! J$e shall fro" ti"e to ti"e give to the 9ongress %nfor"ation of the +tate of the *nion! and reco""end to their 9onsideration such -easures as he shall 1udge necessary and e;pedient#J Even though 9ongress is charged &ith passing legislation! the president is e;pected to "ake policy proposals in "any areas# Bresidents often initiate foreign policy! econo"ic goals and plans! and progra"s that i"prove the uality of life of citi(ens# .ranklin ?oosevelt set a precedent &hen he shepherded his @e& )eal policies through the legislature! taking responsibility for progra"s to get the country out of the 7reat )epression# +o"eti"es initiatives are outlined as ca"paign issues and are refined by the e;ecutive office staff! special task forces! and by 9ongress# .or e;a"ple! Bresident 7eorge 4# 8ush introduced +ocial +ecurity refor" in the E000 presidential ca"paign! an issue that he pro"oted as president! especially after his reelection in E00G# %nitiatives "ay fail! as did Bresident 9linton:s health care proposals in 1HHF# Bresidents generally have "ore lee&ay in foreign policy and "ilitary affairs than they have in do"estic "atters! largely because the founders anticipated a special need for speed and unity in our relations &ith other nations# T)e Po,er o+ Per $a ion4 An effective president is a good politician! a "obili(er of influence in the A"erican political syste"# 8ecause his for"al po&ers are li"ited! he "ust spend "uch ti"e persuading people to support his agenda# 'he president:s persuasive po&ers are ai"ed at three audiences, fello& politicians and leaders in 4ashington! party activists and officeholders outside 4ashington! and the public! &ith its "any different vie&s and sets of interests# E5ec$ti#e Order , 9ongress allo&s the president to issue e;ecutive orders that have the force of la&# 'hese e;ecutive orders "ay enforce the 9onstitution! treaties! or legislative statutes! or they "ay establish or "odify rules and practices of e;ecutive ad"inistrative agencies# 'he only restriction on e;ecutive orders is that they "ust be published in the .ederal ?egister! a daily publication of the *#+# 7overn"ent# T)e C)an*in* 1eto Po,er, %n recent years "any critics have suggested a line-ite" veto refor" that &ould allo& presidents to veto sections of bills &ithout re1ecting the &hole thing# 9ongress passed the Line-Item 1eto Act in 9??E! &hich allo&ed the president to veto sections of appropriations bills only# 4hen Bresident 9linton e;ercised this ne& provision! the la& and the president6s action &ere challenged in 9linton v# 9ity of @e& Kork /1HH=0# 'he +upre"e 9ourt ruled both the la& and the action unconstitutional! critici(ing the" for per"itting the president to construct legislation - an abuse of the principle of separation of po&ers#

THE ISSUE O/ GRIDLOC0 Dver the past fifty years! a significant trend has developed, divided govern"ent! or a govern"ent in &hich one party controls the 4hite $ouse and a different party controls one or both houses of 9ongress# *ntil E00F! only t&o e;ceptions occurred# 8et&een 1HHF and 1HH<! the )e"ocrats controlled both branches! and for a fe& "onths in early E001! &hen the ?epublicans briefly do"inated# $o&ever! &ith the "idter" election of E00E! ?epublicans gained control of both houses! putting both branches under ?epublican control# 'he election of E00G affir"ed this arrange"ent! leading "any to speculate that a ne& ?epublican era &as da&ning# -any people critici(e divided govern"ent because it produces J*rid&oc-!= or the inability to get anything done because the branches bicker &ith one another and "ake decisions difficult# OTHER IMPORTANT MEM.ERS O/ THE EJECUTI1E .RANCH Just as the po&er of the presidency has gro&n tre"endously in recent years! so have the nu"bers of people that surround hi" in highlevel 1obs in the e;ecutive branch# 7eorge 4ashington began his first ter" &ith only his nephe& to help hi" &ith office &ork# 4ashington paid even that salary out of his o&n pocket# 'oday "any advisors in the 4hite $ouse Dffice! the cabinet! and the E;ecutive Dffice assist the president in his &ork# 'he vice president and the first lady also have large staffs that co"ple"ent all the president6s aides# THE 1ICE-PRESIDENTP J% do not choose to be buried until % a" already dead#J A nineteenth century presidential hopeful! )aniel 4ebster! declined the vice presidency &ith the above &ords! e;pressing a senti"ent repeated by "any vice presidents over ti"e# 'he founders paid little attention to the office and assigned it only t&o for"al duties4 to preside over the +enate! but &ithout a vote e;cept to break a tie# 'his po&er is seldo" clai"ed by the vice president &ho defers to the president pro tempore &ho in turn usually hands the responsibility to a 1unior senator# to help decide the uestion of presidential disability! as provided in the E<th A"end"ent in 1H6=# 'o date! the vice president has never had to decide a uestion of presidential disability#

'he "ost i"portant function of the vice president is to take over the presidency if the president is unable to fill his ter"# 'hat has only happened nine ti"es in history! but of course! the vice president "ust be ualified to take over the presidency# A vice president:s role in any ad"inistration is al"ost entirely up to the president# Although the original constitution designated the runner-up for the presidency as the vice president! the 9Ct) Amendment &as passed in 1>0G! &hich provided for electors to vote for a presidentCvice-president slate# 'raditionally! a presidential candidate chooses a vice presidential partner! usually based on a JbalanceJ to the ticket /region! age! popular base! party subgroup0# THE FHITE HOUSE STA//MO//ICE +o"e of the "ost influential people in govern"ent are in the president6s 4hite $ouse Dffice# 'he organi(ation of the staff is entirely up to the president! and their titles include chief of staff! Jcounsel!J Jcounselor!J Jassistant to the president!J Jspecial consultant!J or press secretary# 'hese aides are appointed by the president &ithout +enate confir"ation! and they "ay be fired at &ill# Dften they do not serve an entire presidential ter"# 'he organi(ation of the 4hite $ouse Dffice has been analy(ed according to t&o "odels, t)e ="yramid= mode& - %n this organi(ational "odel! "ost assistants report through a hierarchy to a chief of staff andCor a chief aide# 'his "odel is relatively efficient and it frees the president6s calendar for only the "ost i"portant issue# Dn the other hand! the president "ay beco"e isolated or his top advisers "ay gain a great deal of po&er! as happened to Bresident ?ichard @i;on in the early 1H=0s t)e =circ$&ar= mode& - Bresidents that use this "odel have "ore direct contact &ith their staff "e"bers! &ith "any cabinet secretaries and assistants reporting directly to the president# 8ill 9linton e"ployed this structure! especially in the early years of his presidency! &hen "any task forces! co""ittees! and infor"al groups of friends and advisers dealt directly &ith the Bresident# 'his "odel allo&s better access to the president! and ideas are not filtered through one or t&o top aides# 9ritics say that the "odel pro"otes chaos and that the president6s ti"e is not &ell used#

THE EJECUTI1E O//ICE O/ THE PRESIDENT 'he E;ecutive Dffice consists of agencies that report directly to the president and perfor" staff services for hi"# +o"e agencies are large bureaucracies# 'he president appoints the top positions! but unlike the 4hite $ouse +taff "e"bers! these E;ecutive Dffice appointees "ust be confir"ed by the +enate# 'he E;ecutive Dffice agencies include the follo&ing,

T)e Nationa& Sec$rity Co$nci& advises the president on A"erican "ilitary affairs and foreign policy# 'he @+9 consists of the president! the vice president! and the secretaries of state and defense# 'he president6s national security adviser runs the staff of the @+9 and also advises the president# T)e O++ice o+ Mana*ement and .$d*et /D-80 is the largest office in the EDB! and it has the 1ob of preparing the national budget that the president proposes to 9ongress every year# 'he D-8 also "onitors the spending of funds approved by 9ongress and checks the budgets and records of e;ecutive agencies# T)e Nationa& Economic Co$nci& helps the president &ith econo"ic planning# 'he council consists of three leading econo"ists and is assisted by about 60 other econo"ists! attorneys! and political scientists# 'he @E9 is the president6s "a1or source of advice and infor"ation about the nation6s econo"y#

THE CA.INET, 'he cabinet is the oldest traditional body of the e;ecutive branch# 'he first cabinet "e"bers &ere appointed by 4ashington to serve as secretary of state! secretary of the treasury! secretary of &ar! and attorney general# .ro" the earliest feuds bet&een 'ho"as Jefferson and Ale;ander $a"ilton! the cabinet al"ost never has served as a deliberative body of presidential advisers# %n truth! the cabinet does not have "uch influence over presidential decisions! nor does it help the president to gain control over the bureaucracy# 9abinet officers are the heads of fourteen "a1or depart"ents# 'he order of their creation is i"portant for protocol# 4hen the cabinet "eets! the secretary of state sits on one side and treasury on the other! and so forth do&n the table so that the ne&est depart"ents are the farthest a&ay fro" the president# 'hey are appointed by the president and "ust be confir"ed by the +enate# 'he original four positions /secretary of &ar is no& called secretary of defense0! are kno&n as the inner ca%inet!< as still generally have the "ost po&er and influence# 'he president has very little po&er over cabinet depart"ents partly because he cannot appoint "ore than a s"all nu"ber of all a depart"ent:s e"ployees# 'he "ost i"portant reason that the depart"ents operate independently fro" the president is that cabinet "e"bers spend the large "a1ority of their ti"e on depart"ental business! and seek to defend and pro"ote their o&n organi(ations in cabinet "eetings# 4hat results is that they often co"pete &ith one another for precious resources and attention! and represent the depart"ents to the president rather than functioning as the president:s representative to the depart"ents# INDEPENDENT AGENCIES AND COMMISSIONS4 'he president also appoints people to agencies and co""issions that by la& often have an independent status# %n contrast to the heads of Je;ecutiveJ agencies! the heads of independent agencies serve by la& for fi;ed ter"s of office and can be re"oved only Jfor cause#J 'he agencies are created by 9ongress! and include such &ell-kno&n bodies as the .ederal ?eserve 8oard! the .ederal 9o""unications 9o""ission! the .ederal )eposit %nsurance 9orporation! the %nterstate 9o""erce 9o""ission! and the +ecurities and E;change 9o""ission# PRESIDENTIAL DISA.ILITY AND SUCCESSION According to the 9onstitution! the president:s elected ter" of office is four years! but no "ention is "ade of the nu"ber of ter"s a president "ay serve# 8y a precedent set by 7eorge 4ashington! &ho retired after t&o ter"s! no president before .ranklin ?oosevelt served longer than t&o ter"s# $o&ever! in the "idst of econo"ic depression and a &orld &ar! ?oosevelt ran for and &on a third and fourth ter" of office! although he died before he co"pleted the last one# 8ecause the tradition &as seen as a safeguard against tyranny! 9ongress added the CCnd Amendment to the 9onstitution! li"iting a president to election to t&o ter"s andCor serving no "ore than ten years# A vice president &ho beco"es president &ith less than t&o years re"aining in the previous president:s ter" "ay run for the office t&o ti"es on his o&n# Pre identia& Di a%i&ity A"ong t&entieth century Bresidents! 4oodro& 4ilson beca"e incapable of carrying out his 1ob after he suffered a stroke! and his &ife apparently "ade "any presidential decisions# Like&ise! )&ight Eisenho&er &as unable to function as Bresident for several &eeks after a debilitating heart attack# 'he CKt) Amendment /1H6=0 to the 9onstitution covers this i"portant proble" concerning the presidential ter", disability and succession# %t per"its the vice president to beco"e acting president if the vice president and the cabinet deter"ine that the president is disabled# %f the president challenges the e;ecutive decision! 9ongress decides the issue# 'he a"end"ent also outlines ho& a recovering president can reclai" the Dval Dffice# Pre identia& S$cce ion 'he E<th A"end"ent also created a "ethod for selecting a vice president &hen the office is vacated# 'he president no"inates a ne& vice president! &ho assu"es office &hen both houses of 9ongress approve the no"ination by a "a1ority vote# A vice president &ho assu"es the presidency then no"inates a ne& vice president &ho is also confir"ed by 9ongress# %f there is no vice president! then a 1HG= succession la& governs, ne;t in line are the speaker of the house! the +enate pro tempore! and the thirteen cabinet officers! beginning &ith the secretary of state# 'he disability provision has never been used! but the vice presidential succession policy has# %n 1H=F! Aice Bresident +piro Agne& resigned a"idst charges of bribery! and Bresident @i;on appointed 7erald .ord in his place# 'he ne;t year! @i;on resigned as a result

of the 4atergate scandal! .ord beca"e president! and he appointed @elson ?ockefeller as vice president# .or the first ti"e in history! both the presidency and vice presidency &ere held by appointed! not elected! officials# THE IMPEACHMENT PROCESS 'he 9onstitution provides a &ay to re"ove a president before his ter" is over! but it is not an easy process# 'he $ouse of ?epresentatives "ay! by "a1ority vote! i"peach the president for J'reason! 8ribery! or other high 9ri"es and -isde"eanors#J Dnce the $ouse i"peaches the president! the case goes to the +enate! &hich tries the president! &ith the chief 1ustice of the +upre"e 9ourt presiding# 8y a t&o-third vote! the +enate "ay convict and re"ove the president fro" office# Dnly t&o presidents have been i"peached, Andre& Johnson &as i"peached by the $ouse in 1>6> in the &ake of the post-9ivil 4ar politics! but the +enate failed to convict hi" /by a one vote "argin0! and he re"ained in office# 8ill 9linton &as i"peached by the $ouse in E000 on t&o counts, co""itting per1ury and obstructing 1ustice in the investigation of se; scandals surrounding the Bresident6s relationships &ith Baula Jones and -onica Le&insky#

?ichard @i;on ca"e close to i"peach"ent &hen on July F1! 1H=G! the $ouse Judiciary 9o""ittee voted to reco""end his i"peach"ent to the $ouse as a result of the 4atergate scandal# @i;on avoided i"peach"ent by resigning fro" the presidency a fe& days later# Dther civil officers besides the president "ay be i"peached! but the provision has had the "ost "eaning for federal 1udges! &ho serve for life and are constitutionally independent of the president and 9ongress# .ifteen 1udges in *#+# history have been i"peached by the $ouse! and seven have been convicted by the +enate# )espite gridlock! the recent i"peach"ent process! and the disputed election of E000! the institution of the presidency has survived# 'he responsibilities and privileges have changed over ti"e so that the office is "uch "ore po&erful than the one created by the 9onstitution# Even though events of recent years have checked presidential po&er! fe& people &ould argue that the president is still the "ost influential and respected single political leader in the country# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 advice and consent agenda setting 8udget ?efor" and %"pound"ent Act of 1H=G circular v# pyra"id "odel 9linton v# Jones diplo"atic recognition divided govern"ent electoral college e;ecutive agree"ents E;ecutive Dffice of the Bresident e;ecutive orders e;ecutive privilege gridlock i"peach"ent process i"pound"ent inner cabinet line-ite" veto @i;on v# .it(gerald presidential succession 'he Bresidential 9haracter +nited States v. 'i.on 4ar Bo&ers ?esolution 4hite $ouse Dffice 1Eth A"end"ent EEnd A"end"ent E<th A"end"ent

THE .UREAUCRACY ( SEE HANDOUT POSTED ON FE. SITE

IMPORTANT DE/INITIONS AND IDENTI/ICATIONS accountability appropriations authori(ations 8ureaucracy )iscretionary authority )uplication 7overn"ent corporations 7+ ?ating $atch Act %ron triangle %ssue net&ork -erit principle Munn v. %hio patronage Bendleton Act red tape spoils syste"

%ndependent e;ecutive agencies %ndependent regulatory agencies

THE 3UDICIARY
%n "ost "odern de"ocracies the e;ecutive and legislative branches hold considerable po&er! but "ost grant little policy"aking po&er to the 1udicial branch# A "ost i"portant e;ception to this general rule is the *nited +tates! &hose 1udiciary is truly a coe ual branch &ith as "uch po&er as the other t&o# And yet our govern"ent did not begin &ith this al"ost e ual balance of po&erI the founders al"ost certainly sa& the 1udiciary as an i"portant check on the legislative and e;ecutive branches! but not as a policy"aking body# 'he court syste" is a cornerstone of our de"ocracy# According to our ideals! 1udges "ake i"partial and &ise decisions that elected officials find difficult to "ake# -e"bers of 9ongress! state governors! and the Bresident "ust al&ays &orry about elections and popular opinion# As a result! they "ay lose sight of the need to preserve our values! and they so"eti"es set hasty or un1ust policies# *nder the guidance of 9onstitutional principles! the courts serve as &atchdogs of the other branches of govern"ent# THE COMMON LAF TRADITION Although the *#+# 1udiciary differs in "any &ays fro" the 8ritish syste"! the tradition of English co""on la& is still very i"portant to both# Common &a, is a collection of 1udge-"ade la&s that developed over centuries and is based on decisions "ade by previous 1udges# 'he practice of deciding ne& cases &ith reference to for"er decisions is called "recedence# 'he doctrine of sta"e #ecisis /let the decision stand0 is based on Uprecedent! and is a cornerstone of English and A"erican 1udicial syste"s# +o! &hen a 9ourt overturns a previous court6s decision! it is a "a1or event! because to do so breaks the strong tradition of state decisis. THE 3UDICIARY IN THE CONSTITUTION 'he 9onstitution painstakingly defines the structure and functions of the legislative branch of the govern"ent# %t clearly! although less thoroughly! addresses the responsibilities and po&ers of the Bresident# $o&ever! it treats the 1udicial branch al"ost as an afterthought# Article %%% specifically creates only one court /the +upre"e 9ourt0! allo&s 1udges to serve for life and to receive a co"pensation! broadly outlines original and appellate 1urisdiction! and outlines the procedure and li"itations for those accused of treason# Ori*ina& j$ri diction /'he court has the first hearing0 is given to the +upre"e 9ourt in cases involving a"bassadors! "inisters! and consuls and in cases in &hich a state is a party# A""e&&ate j$ri diction is given in all other cases# %n other &ords! they can only be appealed to the +upre"e 9ourt after first being heard in a lo&er court# 3UDICIAL RE1IEF 'he early +upre"e 9ourt gave fe& indications that the 1udicial branch &ould so"eday be coe ual to the legislative and e;ecutive branches# 'heir first session began in 1=H0! and lasted only ten days# @o cases &ere heard! and their ti"e &as spent ad"itting la&yers to practice before the 9ourt# @ot until the early 1>00s did the fourth 9hief Justice! John -arshall! clai" the po&er for the court in the fa"ous Ma"%u") v. Ma#ison case# 'he po&er he clai"ed &as j$dicia& re#ie,! a concept i"plied by but not "entioned in Article %%% of the 9onstitution# Judicial revie& allo&s the courts to rule on the constitutionality of la&s and actions! giving the" the po&er to strike do&n or reinforce policy! not 1ust to apply and interpret it# Judicial revie& is the key to understanding the unusual po&er of the *nited +tates 1udiciary# MARBURY V. MAD,SON >9:G@D 4hen Bresident John Ada"s failed to &in reelection in 1>00! he &as forced to cede the office to his political rival 'ho"as Jefferson# .or the first ti"e in *#+# history! a president fro" one political party /the .ederalists0 had to step do&n for one fro" the opposite party /the )e"ocratic ?epublicans0# .earing that Jefferson &ould undo .ederalist policies! Ada"s &orked hard to Jpack the courtsJ &ith <= .ederalist 1udges before he had to leave office# All but seventeen letters of appoint"ent &ere delivered before the change of office! but these letters &ere left for the inco"ing secretary of state - Ja"es -adison - to send out# -adison never delivered the letters# .our of the seventeen "en /one &as na"ed -arbury0 &ho never received their letters sued Jefferson and -adison! calling on the +upre"e 9ourt to issue a &rit of "anda"us ordering -adison to "ake the appoint"ents# 'he 9hief Justice of the 9ourt! .ederalist John -arshall! &as put in a bind by the la&suit# 'he 9ourt had been given the po&er to issue ,rit o+ mandam$ /fro" the Latin J% co""andJ0 by the Judiciary Act of 1=>H! but its influence &as largely untested# 4hat if the 9ourt issued the order to -adison and he refused to co"ply! &hat could the 9ourt do5 %t had no troops to enforce its orders# Even if -adison cooperated! the )e"ocratic ?epublican 9ongress al"ost certainly &ould i"peach hi"# Dn the other hand! if he allo&ed -adison to get a&ay &ith it! the po&er of the +upre"e 9ourt &ould be seriously co"pro"ised# -arshall:s solution not only avoided a constitutional crisis! a standoff a"ong the three branches! but it changed the nature of 1udicial po&er co"pletely# 'he court refused to issue the &rit of "anda"us! but in his "a1ority opinion! -arshall clai"ed that the Judicial Act of 1=>H &as unconstitutional# According to Article %%%! original 1urisdiction is given to the +upre"e 9ourt only in certain casesI the Judicial Act gave original 1urisdiction for the 9ourt to issue &rits not "entioned in the 9onstitutionI therefore! the la& &as unconstitutional# As a result! a sho&do&n &as avoided! Jefferson and -adison &ere happy! and -arshall a&arded the 9ourt an

unprecedented po&er, 1udicial revie&# .ro" then on! no one seriously uestioned the 9ourt:s right to declare la&s unconstitutional! and -arshall:s FG years as 9hief Justice &ere spent building on that po&er# THE STRUCTURE O/ THE /EDERAL COURT SYSTEM 'he only federal court re uired by the 9onstitution is the +upre"e 9ourt# Article %%% left it up to 9ongress to establish lo&er federal courts! &hich they began to do in the Judiciary Act of 1=>H# 'he 9onstitution also does not specify ho& "any 1ustices shall be on the +upre"e 9ourt /originally there &ere si;I no& there are nine0# 9ongress created t&o general types of lo&er federal courts, constitutional and legislative# 9onstitutional courts e;ercise the 1udicial po&ers found in Article %%%! so their 1udges are given the constitutional protection of lifeti"e ter"s# 'here are HG district courts! &ith at least one in each state! the )istrict of 9olu"bia! and Buerto ?icoI and 1F courts of appeals! one of &hich is assigned to each of 1E 1udicial circuits! or region# A special appeals court called the *#+# 9ourt of Appeals for the .ederal 9ircuit hears cases regarding patents! copyrights! and trade"arks! clai"s against the *nited +tates! and international trade# Di trict co$rt are trial courts of original 1urisdiction! the starting point for "ost litigation in the federal courts# 'hey hear no appeals! and they are the only federal courts in &hich trials are held and 1uries "ay sit# Each district court has bet&een t&o and t&enty-seven 1udges! depending on their caseloads# 'heir 1urisdiction includes federal cri"es! civil suits under federal la&! and civil suits bet&een citi(ens of different states &here the a"ount e;ceeds fifty thousand dollars# Co$rt o+ a""ea& have appellate 1urisdiction onlyI no cases go to the" first# 'hey revie& any final decisions of district courts! and they "ay revie& and enforce orders of "any federal regulatory agencies! such as the +ecurities and E;change 9o""ission# -ost cases co"e fro" the district courts# Each court of appeals nor"ally hears cases in panels of three 1udges! but i"portant cases "ay include "ore# )ecisions are "ade by "a1ority vote of the participating 1udges#

PARTICIPANTS IN THE 3UDICIAL SYSTEM 'he "a1or participants in the courtroo" are the 1udge! the litigants! the la&yers! so"eti"es a 1ury! and the audience! such as the press! interest groups! and the general public# LITIGANTS 'he litigants include the "&ainti++! or the person bringing the charges! and the de+endant! or the person charged# %n crimina& &a, cases an individual is charged &ith violating a specific la&I in ci#i& &a, cases no charge of cri"inality is "ade! but one person accuses another of violating his or her rights# 9ivil la& defines the relations bet&een individuals and defines their legal rights# Litigants &ind up in court for "any reasons# Blaintiffs "ay be seeking 1ustice andCor co"pensationI defendants "ay be brought to court reluctantly! particularly if they are accused of a cri"e! or they "ay see the"selves as defending their rights against a la&suit# 'he *nited +tate govern"ent is involved in about t&o-thirds of the cases brought to federal court! either as a plaintiff or defendant# %n cri"inal cases the govern"ent is the plaintiff! but in a large nu"ber of civil cases! the govern"ent defends itself against la&suits# Litigants "ust al&ays have tandin* to $e! or a serious interest in the case! usually deter"ined by &hether or not they have personally suffered in1ury or are in danger of being in1ured directly# Just being opposed to a la& does not generally provide standingI the individual "ust be directly affected by it# 'he concept of standing to sue has been broadened in recent years by c&a action $it ! &hich per"it a s"all nu"ber of people to represent all other people si"ilarly situated# .or e;a"ple! ,ro(n v. ,oard of Education of Tope*a &as a class action suit in 1H<G! &hen Linda 8ro&n of 'opeka! Nansas! represented black students fro" several school districts around the country suing for discri"ination in public education# LAFYERS La&yers have beco"e virtually indispensable in the 1udicial syste"# %n cri"inal cases federal la&yers are the prosecutors! or those &ho for"ally charge an individual of a cri"e# Brosecution falls to the )epart"ent of Justice, the attorney general! the o&icitor *enera& /&ho represents the govern"ent to the +upre"e 9ourt0! other attorneys! and assistant attorneys! &ho "ust also serve as defense la&yers if the govern"ent is being sued# 'he federal govern"ent also provides "$%&ic de+ender for people &ho cannot afford personal la&yers# 'he 1H6G case -i#eon v. ain."ight deter"ined that all accused persons in state as &ell as federal cri"inal trials should be supplied &ith a la&yer! free if necessary# Brosecutors negotiate &ith the defense la&yers and often &ork out a plea bargain! in &hich a defendant agrees to plead guilty to avoid having to stand trial# THE 3URY 'he right to a trial by 1ury is funda"ental to our 1ustice syste"! but "ost trials do not involve the"# %n "any cases! but not all! a 1ury! a group of citi(ens /usually t&elve0! is responsible for deter"ining the innocence or guilt of the accused# 'rial by 1ury is used less often today than in the past# )efendants and their la&yers either "ake plea bargains or elect to have their cases decided by a 1udge alone# Even in cri"inal cases! only a s"all nu"ber are actually tried before a 1ury# 'rials by 1ury take "ore ti"e and "oney than do bench trials! &hich are heard before 1udges only# THE 3URISDICTION O/ THE /EDERAL COURTS 'he *nited +tates has a d$a& co$rt y tem - one federal! as outlined above! and one state# 'he 9onstitution gives certain kinds of cases to federal courts! and by i"plication leaves all the rest to state

courts# .ederal courts hear cases Jarising under the 9onstitution! the la& of the *nited +tates! and treatiesJ / +edera&-Q$e tion ca e 0 and cases involving citi(ens of different states &here a lot of "oney is at stake /di#er ity ca e 0# -ost cases considered in federal courts begin in the district courts! &here the volu"e of cases is huge and gro&ing larger# -ost cases involve straightfor&ard application of la&I very fe& are i"portant in policy"aking# Like&ise! the vast "a1ority of cases heard in state courts do not reach federal courts! &ith each state having its o&n +upre"e 9ourt that serves as the final 1udge for uestions of state la&# THE SELECTION O/ 3UDGES Legendary Justice Dliver 4endell $ol"es once said that a +upre"e 9ourt 1ustice should be a co"bination of Justinian! Jesus 9hrist! and John -arshall# 4hy do &e look to venerable for"er 1ustices for guidance in understanding necessary ualities for federal 1udges and 1ustices5 'he "ain reason is that the 9onstitution is silent on their ualifications# 'he 9onstitution "eticulously outlines ualifications for the $ouse of ?epresentatives! the +enate! and the Bresidency! but it does not give us any help &ith 1udicial appoint"ents! other than the fact that 1ustices should e;hibit good behavior# As a result! the uestion of &ho is chosen is governed pri"arily by tradition# THE NOMINATION PROCESS 'he 9onstitution provides broad para"eters for the no"ination process# %t gives the responsibility for no"inating federal 1udges and 1ustices to the Bresident# %t also re uires no"inations to be confir"ed by the +enate# 8ut let6s do the nu"bers# $undreds of 1udges sit on district courts and courts or appeals! and nine 1ustices "ake up the +upre"e 9ourt# +ince they all have life ter"s! no single Bresident &ill "ake all of these appoint"ents! but certainly "any vacancies &ill occur during a Bresident6s ter" of office# Appointing 1udges! then! could be a Bresident6s full ti"e 1ob# Logically! a Bresident relies on "any sources to reco""end appropriate no"inees for 1udicial posts# ?eco""endations often co"e fro" the )epart"ent of Justice! the .ederal 8ureau of %nvestigations! "e"bers of 9ongress! sitting 1udges and 1ustices! and the A"erican 8ar Association# +o"e 1udicial hopefuls even no"inate the"selves# T)e Lo,er Co$rt 'he selection of federal 1udges for district courts and so"eti"es for courts of appeal is heavily influenced by a tradition that began under 7eorge 4ashington, enatoria& co$rte y# *sually the +enate &ill not confir" a district court 1udge if the senior senator fro" the state &here the court is located ob1ects! nor a court of appeals 1udge not approved by the senators fro" the 1udge:s ho"e state# As a result! presidents usually check carefully &ith senators ahead of ti"e! so the +enate holds a great deal of po&er in the appoint"ent of federal 1udges# T)e S$"reme Co$rt 'he president is usually very interested in opportunities to appoint 1ustices to the +upre"e 9ourt! and a great deal of ti"e and effort go into the no"inations# 8ecause 1ustices retire at their o&n discretion! so"e presidents are able to appoint "ore than others# .or e;a"ple! ?ichard @i;on &as able to no"inate four 1ustices in his first three years in office! but Ji""y 9arter &asn:t able to appoint any# SENATE CON/IRMATION 8ecause senators suggest "ost no"inees for federal district courts! the +enate confir"ation re uired by the 9onstitution is only a for"ality for "ost# $o&ever! for appoint"ents to appeals courts and especially to the +upre"e 9ourt! the confir"ation process "ay be less routine# 'he +enate Judiciary 9o""ittee intervie&s the no"inee before he or she goes before the entire +enate# %f the Judiciary 9o""ittee does not reco""end the candidate! the +enate usually re1ects the no"ination# 'hrough E001! E> of the 1G6 individuals no"inated to be +upre"e 9ourt 1ustices have not been confir"ed by the +enate# SELECTION CRITERIA Bresidents use a nu"ber of criteria in selecting their no"inations, Po&itica& ideo&o*y - Bresidents usually appoint 1udges that see" to have a si"ilar political ideology to their o&n# %n other &ords! a president &ith a liberal ideology &ill usually appoint liberals to the courts# 'he sa"e goes for conservative presidents# $o&ever! Bresidents have no real &ay of predicting ho& 1ustices &ill rule on particular issues# 8ehavior doesn6t al&ays reflect ideology! and political vie&s also change# .or e;a"ple! Bresident )&ight Eisenho&er - a ?epublican appointed Earl 4arren and 4illia" 8rennan! &ho surprised hi" by beco"ing t&o of the "ost liberal 1ustices in recent history# Party and "er ona& &oya&tie - A re"arkably high percentage of a Bresident6s appointees belong to his political party# Dverall! about H0 percent of 1udicial appoint"ents since the ti"e of .ranklin ?oosevelt have gone to "e"bers of the Bresident6s party# Although it isn6t as co""on today as it once &as! Bresidents still appoint friends and loyal supporters to federal 1udgeships#

Acce"ta%i&ity to t)e Senate -8ecause the +enate "ust confir" 1udicial no"inations! the Bresident "ust consider candidates that are acceptable to the +enate# Even if he does infor"ally consult &ith the +enate! he "ay still run into proble"s &ith the +enate Judiciary 9o""ittee! &ho first interrogates no"inees and reco""ends the" to the full +enate# %f a no"inees runs into trouble in the confir"ation process! they often &ithdra& their na"es fro" consideration# %f this happens! the Bresident "ust start all over again! as happened to ?onald ?eagan in 1H>> &hen he no"inated )ouglas 7insburg! &ho &as critici(ed for using "ari1uana &hile a la& professor at $arvard# 3$dicia& e5"erience - 'ypically 1ustices have held i"portant 1udicial positions before being no"inated to the +upre"e 9ourt# -any have served on courts of appeals! and others have &orked for the )epart"ent of Justice# +o"e have held elective office! and a fe& have had no govern"ent service but have been distinguished attorneys# 'he &ork of the +upre"e 9ourt is so uni ue that direct 1udicial e;perience is often less i"portant than it is for the other courts of appeals# Race and *ender - 'he first black A"erican! 'hurgood -arshall! &as appointed to the +upre"e 9ourt by Lyndon Johnson in 1H6=! and the first &o"an! +andra )ay D:9onnor! &as appointed in 1H>1 by ?onald ?eagan# +ince then one other black! 9larence 'ho"as! and one &o"an! ?uth 7insburg! have been appointed as &ell# 8efore 1H6= all 1ustices &ere &hite and "ale# 'he percentage of &o"en and "inority federal 1udges appointed has increased significantly in recent years# T)e =Litm$ Te t= - Although "ost senators and presidents deny it! so"e observers believe that candidates "ust pass a Jlit"us test!J or a test of ideological purity! before they "ay be no"inated andCor confir"ed to the +upre"e 9ourt# Dne recent lit"us test supposedly has been the individual:s attitude to&ard abortion rights# @o"inees )avid +outer and 9larence 'ho"as both &ere grilled by the +enate Judiciary 9o""ittee about their opinions on pro"inent abortion cases#

HOF THE SUPREME COURT FOR0S 'he po&er of the +upre"e 9ourt is reflected in the &ork that they do! and their decisions often shape policy as profoundly as any la& passed by 9ongress or any action taken by the president# 'he 9ourt does "uch "ore than decide specific cases# %t resolves conflicts a"ong the states and "aintains national supre"acy# %t also ensures unifor"ity in the interpretation of national la&s! and "any of the "ost i"portant cases that deter"ine the constitutionality of la&s and govern"ent actions are decided in the +upre"e 9ourt# 'here are nine 1ustices on the +upre"e 9ourt, eight associates and one chief 1ustice# 'he nu"ber is set by la& and has varied fro" si; to ten over the course of history! but it has re"ained at nine since the 1>=0s# All the 1ustices sit together to hear cases and "ake decisions# +upre"e 9ourt 1ustices are in session fro" the first -onday in Dctober through the end of June# 'hey listen to oral argu"ents for t&o &eeks and then ad1ourn for t&o &eeks to consider the cases and &rite their opinions# %n the event of a tie /if one or "ore 1ustices is not present0! the decision of the lo&er court re"ains! although on rare occasions a case "ay be reargued# SELECTION O/ CASES' -ost cases co"e to the +upre"e 9ourt by "eans of a ,rit o+ certiorari! a Latin phrase that "eans J"ade "ore certain#J 'he court considers all petitions it receives to revie& lo&er court decisions# %f four 1ustices agree to hear a case! cert /a shortened reference0 is issued and the case is scheduled for a hearing# 'his practice is kno&n as the r$&e o+ +o$r' Dnly a tiny fraction of cases appealed to the +upre"e 9ourt are actually accepted# 'he 9ourt also hears the fe& cases in &hich it has original 1urisdiction according to Article %%% of the 9onstitution! but for the vast nu"ber of cases! the 9ourt has control of its agenda and decides &hich cases it &ants to consider# .RIE/S AND ORAL ARGUMENTS' 8efore a case is heard in court! the 1ustices receive printed briefs in &hich each side presents legal argu"ents and relevant precedents /previous court decisions0# Additionally! the +upre"e 9ourt "ay receive briefs fro" amici curiae /Jfriends of the courtJ0 individuals! organi(ations! or govern"ent agencies that have an interest in the case and a point of vie& to e;press# 4hen oral argu"ents are presented to the court counsel for each side generally is li"ited to F0 "inutes! a policy that often aggravates the la&yers! since 1ustices often interrupt the" to ask uestions# THE CON/ERENCE' 4ednesday afternoons and all day .riday the 1ustices "eet in conference# 8efore every conference! each 1ustice receives a list of the cases to be discussed! and the discussions are infor"al and often spirited! &ith the chief 1ustice presiding# @o for"al vote is taken! but at the end of discussion! each 1ustice is asked to give his or her vie&s and conclusions# OPINIONS' Dnce decisions have been "ade in conference an opinion! or state"ent of the legal reasoning behind the decision! "ust be for"ally stated# 'he "ost senior 1ustice in the "a1ority assigns the task of &riting the majority o"inion! the official opinion of the court# *nless the decision is unani"ous! the "ost senior 1ustice on the losing side decides &ho &ill &rite the di entin* o"inion of those 1ustices &ho do not agree &ith the 9ourt6s "a1ority decision# A 1ustice "ay &rite a conc$rrin* o"inion if he or agrees &ith the "a1ority decision but does so for different reasons than stated in the "a1ority opinion

'he content of an opinion "ay be as i"portant as the decision itself# .or e;a"ple! John -arshall established 1udicial revie& in his "a1ority opinion in the Marbury v. Madison case# Dpinions also instruct the 1udges of all other state and federal courts on ho& to decide si"ilar cases in the future IMPLEMENTING COURT DECISIONS' 9ourt decisions carry legal authority! but courts have no police officers to enforce the"# 'hey "ust rely on the other branches! or state officials! to enforce their decisions# 3$dicia& im"&ementation! then! refers to the translation of court decisions into actual policy that affects the behavior of others# Although 9ongress or a Bresident "ay ignore or side-step a +upre"e 9ourt ruling! decisions &hose enforce"ent re uires only the action of a central govern"ental agency usually beco"e effective i""ediately# %"ple"entation is "ore difficult if a decision re uires the cooperation of a large nu"ber of officials# .or e;a"ple! &hen the 9ourt ruled re uired prayers in public schools unconstitutional! so"e school boards continued their previous practices# Also! despite the fact that the 9ourt ruled segregated schools unconstitutional in 1H<G! public schools re"ained largely segregated for "ore than ten years after the first ruling# CONSER1ATISM AND LI.ERALISM ' Although 1ustices are theoretically above politics! they do have personal ideologies! and their points of vie& often influence their decisions# .or e;a"ple! the +upre"e 9ourt under Earl 4arren /1H<F-1H6H0 and 4arren 8urger /1H6H-1H>60 "ade decisions that &ere notably liberal! "ost fa"ously is ,ro(n v. ,oard of Education of Tope*a /1H<G0 and /oe v. -ade /1H=F0# +ince 4illia" ?ehn uist beca"e 9hief Justice in 1H>H! the court has taken a right&ard shift# 9urrently! three 1ustices are consistently conservative /?ehn uist! Antonin +calia! and 9larence 'ho"as0I four are liberal to "oderate /?uth 7insberg! +teven 8reyer! and John Baul +tevens0I and t&o are "oderate to conservative /+andra )ay D69onnor and Anthony Nennedy0# As a result! the t&o in the "iddle often serve as s&ing votes! and decisions rest on their points of vie&# CONSTRAINTS ON THE POFER O/ THE /EDERAL COURTS# Judicial revie& gives the federal courts a po&er un"atched in any other "odern de"ocracy! but the courts operate under a nu"ber of constraints# Bolicy "ust be "ade &ithin the setting of an ad#er aria& y tem! a neutral arena in &hich t&o parties present opposing points of vie& before an i"partial arbiter /a 1udge#0 'he syste" is based on the assu"ption that 1ustice &ill e"erge fro" the struggle# Judicial po&er! then! is passive - the case "ust co"e to the court! and not vice versa# 'he case "ust represent a j$ ticia%&e di "$te - an actual situation rather than a hypothetical one! and one that "ay be settled by legal "ethods# 9ourts have developed a doctrine of "o&itica& Q$e tion ! &hich provides grounds to avoid settling disputes bet&een 9ongress and the president! or re uires kno&ledge of a nonlegal character# A political uestion is a "atter that the 9onstitution leaves to another branch of govern"ent! like deciding &hich group of officials of a foreign nation should be recogni(ed as the legiti"ate govern"ent# 'he other t&o branches of govern"ent provide so"e i"portant checks on the po&er of the courts# 'he president controls the nature of the courts &ith his po&er to appoint all federal 1udges# 9ongress "ust confir" presidential appoint"ents 9ongress has the po&er to i"peach 1ustices! &ith t&o federal 1ustices being re"oved fro" office "ost recently in 1H>H# 9ongress "ay also a"end the 9onstitution if the 9ourts find a la& unconstitutional! though this happens only rarely# .or e;a"ple the +i;teenth A"end"ent &as added to "ake it constitutional for 9ongress to pass an inco"e ta;#

THE POLICYMA0ING POFER# Although the vast "a1ority of cases decided by the federal courts only apply e;isting la& to specific cases! courts do "ake policy on both large and s"all issues# Dpinions differ &idely on the uestion of ho& strong the policy"aking role of the 1udicial branch should be# -any favor a policy of j$dicia& re traint! in &hich 1udges play "ini"al policy-"aking roles! leaving policy decisions to the other t&o branches# +upporters of 1udicial restraint believe that because the 1udicial branch is the least de"ocratic! 1udges are not ualified to "ake policy decisions# According to 1udicial restraint! the other branches should take the lead because they are "ore closely connected to the people# According to Justice Antonin +calia! 'he 9onstitution is not an e"pty bottleVit is like a statute! and the "eaning doesn6t change# Dn the other side are supporters of j$dicia& acti#i m! in &hich 1udges "ake policy decisions and interpret the 9onstitution in ne& &ays# Judicial activists believe that the federal courts "ust correct in1ustices that the other branches do not# .or e;a"ple! "inority rights have often been ignored! partly because "a1orities i"pose their &ill on legislators# Brayers in public schools support the beliefs

of the "a1ority! but ignore the rights of the "inority# 'he 9onstitution! then "ust be loosely interpreted to "eet the issues of the present# %n the &ords of for"er Justice 9harles Evans $ughes, 4e are under a 9onstitution! but the 9onstitution is &hat the 1udges say it is# )espite the debate over &hat constitutes the appropriate a"ount of 1udicial po&er! the *nited +tates federal courts re"ain the "ost po&erful 1udicial syste" in &orld history# 'heir po&er is enhanced by life ter"s for 1udges and 1ustices! and they play a "a1or role in pro"oting the core A"erican values of freedo"! e uality! and 1ustice# IMPORTANT DE/INITIONS AND IDENTI/ICATIONS4 Adversarial syste" Appellate 1urisdiction 9ivil la& 9lass action suits 9o""on la& 9onstitutional uestion 9ri"inal la& defendant )istrict 9ourts )iversity cases )ual court syste" )ual sovereinty .ederal uestion cases 7ideon v# 4ain&right Justiciable dispute Judicial activis" vs# 1udicial restraint Judicial i"ple"entation Judicial revie& Legislative courts lit"us test -arbury v# -adison Dpinions, "a1ority! dissenting! concurring Driginal 1urisdiction Bolitical uestion Brecedence Bublic defenders ?ule of four +enatorial courtesy +olicitor general +tanding to sue +tare decisis 4rit of certiorari 4rit of "anda"us

CI1IL RIGHTS
Dne of the "ost influential 9onstitutional clauses during the "id to late E0th century has been the e ual protection clause of the .ourteenth A"end"ent that forbids any state to Jdeny to any person &ithin its 1urisdiction the e ual protection of the la&s# 'his clause has not been interpreted to "ean that everyone is to be treated the sa"e! but that certain divisions in society! such as se;! race! and ethnicity are $ "ect cate*orie ! and that la&s that "ake distinctions that affect these groups &ill be sub1ected to especially strict scrutiny# %n recent years! these suspect categories have been e;panded to include discri"ination based on age! disability! and se;ual preference# CI1IL RIGHTS /OR RACIAL AND ETHNIC MINORITIES' 'he *nited +tates has al&ays been ho"e to "any different racial and ethnic groups that have e;perienced varying degrees of acceptance into A"erican society# 'oday "a1or racial and ethnic "inorities include African A"ericans! Latinos! Asians! and @ative A"ericans# EOUALITY /OR A/RICAN AMERICANS' 'he history of African A"ericans includes E<0 years of slavery follo&ed by al"ost a century of &idespread discri"ination# 'heir efforts to secure e ual rights and eli"inate segregation have led the &ay for others# After the 9ivil 4ar! civil rights &ere guaranteed for for"er slaves in the .ourteenth and .ifteenth A"end"ents# $o&ever! "any discri"inatory la&s re"ained in states across the country! and the states of the defeated 9onfederacy passed 3im Cro, &a, ! &hich segregated blacks fro" &hites in virtually all public facilities including schools! restaurants! hotels! and bathroo"s# %n addition to this #e /u"e /by la&0 segregation! strict #e &acto /in reality0 segregation e;isted in neighborhoods in the +outh and the @orth# 'he 1>H6 court decision 0less) v. $e"guson supported the segregation la&s# $o"er Blessy sued the state of Louisiana for arresting hi" for riding in a &hites only railroad car# 'he 9ourt ruled that the la& did not violate the e ual protection clause of the 1Gth A"end"ent! as Blessy clai"ed# 'he "a1ority opinion stated that segregation is not unconstitutional as long as the facilities &ere substantially e ual# 'his e"arate %$t eQ$a&J doctrine re"ained the 9ourt6s policies until the 1H<0s#

T)e Modern Ci#i& Ri*)t Mo#ement4 %n 1H0H the @ational Association for the Advance"ent of 9olored Beople /@AA9B0 &as founded to pro"ote the enforce"ent of civil rights guaranteed by the .ourteenth and .ifteenth A"end"ents# 'he @AA9B struggled for years to convince &hite-do"inated state and national legislatures to pass la&s protecting black civil rights! but they "ade little progress until they turned their attentions to the courts# 'he @AA9B decided that the courts &ere the best place to bring about change! and they asse"bled a legal tea" that began to slo&ly chip a&ay at the separate but e ual doctrine# .ro" the "id-1HF0s to about 1H<0! they focused their attention on re uiring that separate black schools actually be e ual to &hite schools# .inding little success &ith this approach! T)$r*ood Mar )a&&! an @AA9B la&yer for Linda 8ro&n in B"o.n v. Boa"# o& 1#ucation o& 2o'e!a in 1H<G! argued that separate but e ual facilities are Jinherently une ualJ and that separation had Ja detri"ental effect upon the colored children#J 'he 9ourt overturned the earlier lessy decision and ruled that Jseparate but e ualJ facilities are unconstitutional# .ollo&ing this land"ark case &as over a decade of "assive resistance to desegregation in the +outh! but organi(ed protests! de"onstrations! "arches! and sit-ins led to "assive de 0ure desegregation by the early 1H=0s# )e 1ure desegregation &as insured by the Ci#i& Ri*)t Act o+ 9?EB! the CBt) Amendment! and the 1otin* Ri*)t Act o+ 9?EK' 'he 1H6G act banned discri"ination in public facilities and voter registration and allo&ed the govern"ent to &ithhold federal funds fro" states and local areas not co"plying &ith the la&# 'he EGth A"end"ent banned paying a ta; to vote /the poll ta;0 - a practice intended to keep blacks fro" voting# 'he 1H6< act outla&ed literacy tests and allo&ed federal officials to register ne& voters# As a result! the nu"ber of registered black voters increased dra"atically! and today registration rates of African A"ericans are about e ual to those of &hites# 'he Johnson Ad"inistration also set up as part of the J7reat +ocietyJ an O++ice o+ Economic O""ort$nity that set guidelines for e ual hiring and education practices# 'o co"ply &ith the ne& guidelines! "any schools and businesses set up uotas /a "ini"u" nu"ber of "inorities0 for ad"ission or e"ploy"ent# Sc)oo& Inte*ration +chools &ere not integrated overnight after the ,ro(n decision! and active resistance continued through the early 1H60s# %n 1H<= Arkansas 7overnor Drville .aubus used the state6s @ational 7uard to block the integration of 9entral $igh +chool in Little ?ock# Bresident )&ight Eisenho&er responded by federali(ing the Arkansas @ational 7uard and sending in <00 soldiers to enforce integration# %n 1H6E Ja"es -eredith! an African A"erican student! &as not allo&ed to enroll at the *niversity of -ississippi! pro"pting Bresident John .# Nennedy to send federal "arshals to protect -eredith# 'o break do&n de facto school segregation caused by residential patterns! courts ordered "any school districts to use %$ in* to integrate schools# +tudents &ere transported fro" areas &here they lived to schools in other areas to achieve school diversity# 'he practice proved to be controversial! but the courts upheld busing plans for "any years# $o&ever! by the late 1HH0s and early E000s federal courts had beco"e increasingly un&illing to uphold busing or any other policies designed to further integration# .or e;a"ple! in E001 a federal court deter"ined that the 9harlotte--echlenburg school district in @orth 9arolina no longer had to use race-based ad"ission uotas because they had already achieved integration# 'oday de facto school segregation still e;ists! especially in cities! &here "ost African A"erican and $ispanic students go to schools &ith al"ost no non-$ispanic &hites# +o by the early years of the E1st century! the goal of integration e;pressed in ,ro(n v. Tope*a in 1H<G has not been reali(ed# HOMOSEJUAL RIGHTS %n the last t&o decades! ho"ose;uals have beco"e "uch "ore active in their atte"pt to gain e ual rights in e"ploy"ent! education! housing! and acceptance by the general public# %n recent years several &ell-organi(ed! active interest groups have &orked to pro"ote the rights of ho"ose;uals and lobby for issues such as A%)+ research funding# -any cities have banned discri"ination! and "any colleges and universities have gay rights organi(ations on ca"pus# )espite! these changes! civil rights for ho"ose;uals is still a controversial issue! as reflected in 1HHF by the resistance to the 9linton ad"inistration6s proposals to protect gay rights in the "ilitary# 'he resulting don6t ask! don6t tell policy has not resolved the a"biguous status of gays in the "ilitary! and the +upre"e 9ourt has not yet ruled on its constitutionality# 'he +upre"e 9ourt first addressed ho"ose;ual rights in 1H>6 &hen it ruled in Bo.e"s v. Ha"#.ic! that 7eorgia6s la& forbidding ho"ose;ual relations &as constitutional# 'he 9ourt based its decision on ori*ina& intent /the intent of the founders0! noting that all 1F colonies had la&s against ho"ose;ual relations! as did all <0 states until 1H61# -ost recently! in /omer v. Evans /1HH60 the 9ourt provided so"e support to ho"ose;uals &hen it struck do&n a 9olorado a"end"ent to the state constitution that banned la&s protecting ho"ose;uals# %n the "a1ority opinion! Justice Anthony Nennedy &rote that a bare desire to har" a politically unpopular group cannot constitute a legiti"ate govern"ental interest# 'he 9ourt reversed Bo.e"s v. Ha"#.ic! in E00F &ith La."ence v. 2e+as! &hen it held that la&s against sodo"y violate the due process clause of the 1Gth a"end"ent# 9urrently! a controversial topic is state recognition of ho"ose;ual "arriages and civil unions# After courts in -assachusetts upheld the right in that state in E00G! a nu"ber of ho"ose;ual "arriages &ere conducted in other areas of the country! including +an

.rancisco and @e& Kork 9ity# %n reaction! several states passed initiatives in the election of E00G that banned recognition of ho"ose;ual "arriages# RE1ERSE DISCRIMINATION' 8y the 1H=0s the focus of concern turned to racial balance as opposed to "ere nondiscri"ination! or e uality of opportunity vs# e uality of result# )o civil rights re uired "erely the absence of discri"ination! or do they re uired that steps be taken to insure that blacks and &hites enroll in the sa"e schools! &ork in the sa"e 1obs! and live in the sa"e housing5 'he 9ourts helped define the issue in the 1H=> Ba!!e v. Cali&o"nia case that uestioned the uota practices of the *niversity of 9alifornia "edical school at )avis# 8akke! a &hite student denied ad"ission to the school! sued the state! clai"ing re#er e di crimination! since "inorities &ith lesser ualifications &ere ad"itted to the "edical school# %n a divided decision! the court ruled in 8akke:s favor! declaring uotas unconstitutional although allo&ing race as one criterion for ad"ission to a public institution# %n E00F in t&o cases involving policies at the *niversity of -ichigan! the +upre"e 9ourt6s ruling supported the constitutionality of affir"ative action progra"s and the goals of diversity# 'he 9ourt struck do&n the university6s plan for undergraduate ad"ission! saying that it a"ounted to a uota syste"# $o&ever! they upheld the plan used by the la& school! &hich took race into consideration as part of a broad consideration of applicants6 backgrounds# As the *nited +tates continues to beco"e a "ore and "ore diverse country! the nature of civil rights issues for "inority groups certainly &ill change# )espite the changes! the pursuit of e uality undoubtedly &ill re"ain a constant in the A"erican political culture#

ECONOMIC POLICY
$o& "uch responsibility should the govern"ent have for keeping the *nited +tates econo"y healthy5 'hat uestion has been ans&ered in "any different &ays throughout our history# *ntil the t&entieth century the country follo&ed the laisse(3&ai"e /literally! to leave alone0 policy! &hich re uired a free "arket &ithout any intervention fro" govern"ent# 4ith Bresident .ranklin ?oosevelt6s @e& )eal era of the 1HF0s ca"e 0eyne ian economic ! or the opposite belief that the govern"ent should "anage the econo"y# 'oday the *#+# econo"ic policy lies so"e&here in bet&een - govern"ent should regulate and so"eti"es "anage! but should allo& a free "arket &henever possible# Bolitical and business leaders disagree on ho& "uch control is enough# 'he budgeting of public funds is one of the "ost i"portant decision "aking processes of govern"ent# @othing reflects the gro&th in public policy and the rise of big govern"ent "ore clearly than the increased spending by the federal govern"ent# .or e;a"ple! in 1HFF! the annual federal budget &as about PG billion# 'oday the national budget is "ore than PF trillion# 'he national debt is over PH trillion! and the de+icit /a"ount spent in a given year in e;cess of ta; revenues0 has ranged fro" over PG billion in E00G to roughly PE billion in E00># /ISCAL POLICY# .iscal policy affects the econo"y by "aking changes in govern"ent6s "ethods of raising "oney and spending it# F)ere t)e Money Come /rom4 @ot surprisingly! "ost govern"ent revenue co"es fro" ta;es! but so"e co"es fro" interest! fees! and borro&ing# /edera& Income Ta5e - 'he inco"e ta; is the largest single source of federal revenue today! providing al"ost G0M of the national govern"ent6s total revenues# %t is a "ro*re i#e ta5 - the higher the inco"e and ability to pay! the higher the ta; rate# @ot only individuals pay inco"e ta;es! corporations do! too# About 10 percent of federal govern"ent revenues co"e fro" corporate inco"e ta;es# 'oday ta; codes are so co"ple; that "ost ordinary citi(ens don6t understand the"# As a result! "any critics have called for ta; codes to be si"plified# Socia& In $rance Ta5e - 'he largest social insurance ta;es are for +ocial +ecurity and -edicare# E"ployers apply these ta;es to their e"ployees! &ho are then eligible to receive +ocial +ecurity benefits &hen they get older# +ocial insurances ta;es fund the +ocial +ecurity and -edicare progra"s# 'hese ta;es account for al"ost 1CF of the total federal govern"ent revenues collected# .orro,in* - 'he govern"ent regularly borro&s "oney W "ost of it fro" its o&n ta;payers W to fund its e;penses# De+icit "endin* occurs &hen the govern"ent spends "ore "oney than it takes in &ithin any given fiscal year# +tarting in the early 1HH0s 9ongress began considering re uired balanced budget a"end"entsC legislation in order to cut the national debt# 4ith increased ta; revenues fro" the econo"ic boo" of the 1HH0s! deficit spending decreased and turned into a surplus! but govern"ents generally borro& "ore "oney during &arti"e than during peace! so the &ar on terroris" and the &ar in %ra put the country back into deficit spending during the early E000s#

Ot)er Ta5e - A s"all percentage of revenue co"es fro" other ta;es! such as e;cise ta;es! estate ta;es! custo"s! duties! and tariffs# E;cise ta;es are levied on goods and services! such as li uor! gasoline! cigarettes! air travel! and telephones# 'hese are regressive ta;es! "eaning that they are the sa"e for everyone! and are not based on inco"e# Estate ta;es are levied on the "oney and property that are inherited &hen an individual dies! but are generally only levied on large estates# 9usto"s! duties! and tariffs are levied on goods i"ported into the *nited +tates#

F)ere t)e Money Goe ' 'he govern"ent no& spends "ore that PE#< trillion a year! as provided in the federal budget# Each year the Bresident sub"its a federal budget for approval by 9ongress for "oney to be spent starting in Dctober of that year# 7overn"ent spends its revenue on "any different things! but three "a1or categories are entitle"ents! national defense! and the national debt# Entit&ement Pro*ram - 'hese pay"ents are re uired by la&! and are given to people "eeting particular eligibility re uire"ents# 'he largest progra"s are +ocial +ecurity /pensions for older A"ericans0! une"ploy"ent insurance! -edicare /"edical benefits0! and federal retire"ent pensions# +ocial +ecurity and -edicare a"ount to about G1 percent of federal spending per year# Nationa& De+en e - 'he second largest a"ount goes for national defense# 'oday about 1> percent of the total budget goes for defense! in contrast to E> percent in 1H>=! &hen the cold &ar &as still going on# $o&ever! the current &ar on terroris" and the &ar in %ra have escalated defense e;penditures again! up fro" about 16M in E001# Nationa& De%t - 'he third largest a"ount W about > percent W pays interest on the nationa& de%t! a figure that has also decreased in recent years#

Dther e;penditures are high&ay construction! education! housing! and foreign aid# MONETARY POLICY' -onetary policy is the govern"ent6s control of the "oney supply# 'he govern"ent can control ho& "uch or ho& little is in circulation by the a"ount of "oney that they print and coin# %f too "uch "oney is out there! it tends to cause in+&ation! or the devaluation of the dollar# 'oo little "oney in circulation and the opposite - de+&ation - occurs# 'he po&erful ar" of govern"ent that controls the "oney supply is the /edera& Re er#e Sy tem! &hich is headed by the /edera& Re er#e .oard' 'he board is designed to operate &ith a great deal of independence fro" govern"ent control# Dne i"portant &ay that the .ed controls the "oney supply is by ad1usting interest rates W high rates discourage borro&ing "oney! and lo& ones encourage it# 'he .ederal ?eserve 8oard6s seven "e"bers are appointed by the president and are approved by the +enate for 1G-year! nonrene&able ter"s! and the president "ay not re"ove the" fro" office before their ter"s are up# 'he chair is elected by the board for four years! and "ay be reelected# 'he 8oard heads the .ederal ?eserve +yste"! &hich &as created by 9ongress in 1H1F to regulate the lending practices of banks# %t consists of 1E regional banks! &hich in turn supervise a total of about <!000 banks across the *nited +tates#