Final Terms Flashcards
Originalism
The attempt to devise the Constitution’s original meaning and intent.
Scalia says it is impossible to identify the framers’ original intent, but we can look at the time period and identify how the Constitution or its amendments were carried out, to devise the practical meaning of the Constitution.
Dworkin says originalism doesn’t work in practice and opts for the “moral reading”
Framing Effects
“Four Information Biases that Matter” by Lance Bennet. Personalization, dramatization, fragmentation, and authority - disorder bias
Personalization
Downplay the big picture in favor of human trials and triumphs, doesn’t tie human experiences into larger societal issues
Dramatization
The aspects of events that are reported, are those most easily dramatized into simple stories. Crisis over continuity – news is fragmented and disconnected from political/economic context.
Fragmentation
Emphasizing individual actors over the political contexts in which they operate. Makes it difficult to see the causes of problems, their historical significance, or the connections across issues.
Authority – Disorder Bias
Preoccupation with “order”, and whether authorities are capable of establishing it
Crafted Talk
Larry Jacobs, “Politicians Don’t Pander” politicians appeal to the median voter through crafted talk. They don’t ask their constituents what they want, they do what they want, and sell it to their constituent. Allows a politician to act as a trustee but look like a delegate.
Widening gulf between policy decisions and opinion of American people
Politicians track public opinion to decide how to craft their public presentations and win support for the policies they and their supporters favor
“priming” public opinion
Usually used to oppose policy – it is easier to generate anxiety about a measure than gain support for an unpopular one, and media magnifies disagreement
National Precinct Alliance
People trying to change the Republican Party from within. Tea Party strategy – positions that appear undesirable to the larger Republican Party are filled by Tea Party members to gain influence. (this would not have been possible before the rise of progressive era reforms when parties were controlled by bosses)
Brown v. The Board
2 decisions – 1st overturns “separate but equal” (rare example of court going against its own rulings), second demands integration with “all deliberate speed”. Schools remain segregated for 10 years until the executive branch calls in the national guard. Congress had difficulty passing civil rights legislation because Southern democrats tended to have seniority. An example of the limits of the power of the judicial branch. And the discrepancies between branches of government
Temporary Assistance to Needy Families (TANF)
Replaces (AFDC). Design and administration of welfare goes to states rather than federal gov. States receive block grants from federal government. Recipients required to work within 2 years and limited to 5 total years. States are allowed to use their own funds to extend these time limits but many don’t. States must provide healthcare benefits to all who qualify under law. Percentage of poor families who receive benefits drops from about 70% to about 20%
Structural Reasons for change to TANF
- American political culture celebrates competitive individualism
- Competitive pressures from the global economy in the 90s push for more “efficient” welfare programs
- Fall of communism and post Cold War boom make conservative ideas attractive
- Federalism allowed states to experiment with alternative modes of welfare delivery
Political Linkage and Government Factors that lead to TANF
- Conservatives attack the AFDC welfare system as killing initiative, creating dependency, and rewarding immorality -> public opinion becomes critical of welfare - > Republican Party uses welfare criticism to gain popularity and win the presidency through the 80s and the Senate through the 90s
- Democratic party lost unionized workers concerned about “wasteful spending” on welfare -> moderate democrats also embrace welfare reform.
Government: Republican controlled congress passes a new welfare bill, and President Clinton supports and signs it.
501(c) 4 groups
non-profits ostensibly to educate voters on issues. Used in a biased way to get around spending constraints. Can give to super PACs (don’t have to disclose their donors)
Civil Liberties
Freedoms found primarily in the Bill of Rights, the enjoyment of which are protected from government interference. Question regarding the permanence of these liberties in times where security is threatened
TH Marshall’s Rights System
Civil Rights - Individual, private, legal rights and liberties in Constitution and BoR
Political Rights - Right to vote and hold office
Social Rights - Rights to social services and equal social standing
Civil Liberty vs. Civil Rights
Liberty is a “negative freedom” - right against interference from gov. Classical liberal tradition.
Right is a “positive freedom” - ability/access to act as a full citizen.
Marbury v. Madison
Marbury is a midnight appointment of Adams, but doesn’t receive his commission. Sues Secretary of State James Madison, asks supreme court to issue a writ of mandamus for it. Chief Justice John Marshall says Madison did break the law, but it is unconstitutional for the court to issue a writ of mandamus. This rules the Judiciary Act of 1789 unconstitutional, because the original jurisdiction of the supreme court cannot be expanded except by constitutional amendment. In doing so, he claims judicial review as a power exclusive to the Supreme Court
Incorporation
The application of the Constitution (esp Bill of Rights) to the states. 14th Amendment – rights granted by the Constitution must be upheld by the federal and state governments. Previous to the 14th Amendment, the 1st amendment only protected you from the federal government. Rights from other amendments are slowly being “peppered in” to the 14th Amendment. Gun rights were just incorporated in 2007.
Due Process Clause
Section of the 14th Amendment, prohibits states from depriving anyone of life, liberty, or property “without due process of law.” Supports the Bill of Rights by applying those rights to state governments - set incorporation in process
Framing
Providing a context for interpretation, media’s framing has significant affect on how the public views issues. For example, views on poverty change based on whether the media airs stories about poor individuals vs. overall economic trends
Iron Law of Oligarchy
A smaller group will be able to out strategize a larger group. Manpower vs knowing what you’re doing. Relates to the tendency in democracy for small groups to wield power even over larger majorities. Interest groups over social movements
Membership Federation
Theda Skocpol. As opposed to an interest group, people were more involved and felt more connected than to an interest group in DC. A forum for average people to participate in politics. Sometimes brought together people from different classes. A place where people “cut their teeth” in politics. Shift away from membership federations due to changes in race and gender relations, new political opportunities drew resources and activists into lobbying, new technology and sources of financial support allow the most privileged americans to organize without involving the majority of Americans
Gideon v. Wainwright
1963
Clarence Gideon makes the case that he is due legal counsel for his trial
This is against a previous supreme court decision – Bett v. Brady – which rules you are due counsel only under special circumstances
Premise that a lawyer is needed even by people otherwise capable of defending themselves- need legal knowledge to properly defend oneself
Lincoln Strategy
ignoring populations that you don’t need to win (Lincoln didn’t need the South). South was solidly democratic so the Republican Party just ignored them, they were a Northern and Western party. Barry Goldwater’s candidacy 1964, Republican party starts to gain ground in the south, and after that ceases to be a regional party
Right’s Talk
Today’s rights talk makes a mockery of the real meaning of rights
A tendency to framce nearly every social controversy in terms of a clash of rights – polarizes debate and brings exchange of ideas to a standstill
Puts particular interests over the common good
We need a renewal of our rights tradition
Pluralism (part one)
- Free elections do not adequately communicate specific interests
- Interest groups are easy to create and people are free to join them
- Because of checks and balances and separation of powers, gov is very open to entreaties of many groups
- Therefore, all legitimate interests can have their views taken into account by some public official
pluralism (part 2)
view that American democracy is best understood in terms of the interaction, conflict, and bargaining of groups
Political Efficacy
Feeling as if your political participation will have influence. Participation builds your skillset, your political capital.
-social movements, interest groups, political parties
Justice for Janitors
Working class people are becoming invisible in today’s political debates, largely due to fall of organized labor Old organizing rights are being manipulated by politicians, the working class needs to figure out how politics work now “Justice for Janitors” launched by SEIU, janitors who clean the office buildings in D.C. strike for better pay and benefits. Not held to half time shifts Janitors interrupt a charity event – working with the outlets they have, fair or unfair Politics gets done by confronting power directly, as persistently and rudely as necessary – this is the new politics for labor
Daily Me
Cass Sunstein, a communications package that is designed just for you. Sunstein doesn’t like this because people should be exposed to views they disagree with, common media creates common experience. Too much divide between political communities online
Prior Restraint
Censorship that is imposed before expression takes place. Near v. Minnesota 1931. Prior restraint violates the first amendment. HC district court prohibits further publishing of an anti-semitic newspaper
Median Voter Model (electoral competition)
A form of election in which parties seeking votes move toward the median voter (the center of the political system) over the course of the campaign, to appeal to as many people as possible. For this system to work, parties must take clear stands on issues, and citizens must be informed on this ands vote only according to the issues. These circumstances are close enough to the truth that this does exist in real elections. Appeals to majority rule and moderate political stance
Keynesianism
The belief that the government should intervene to stabilize the economy “in the long run we’re all dead” “ocean is flat after the storm”. Advocates of gov programs to stimulate economic activity via tax cuts and gov spending. opposite of monetarists who want minimal gov in the economy - only manage money supply
