Chapter 10 The Presidency I. Who Can Become President? Article II, Section 1, of the Constitution sets forth the qualifications to be president. The two major limitations are a minimum age (35) and being a natural-born citizen (which eliminates naturalized citizens). While these minimal requirements would seem to allow most people the opportunity to run, only a few individuals have had a realistic chance. Of the 43 persons who have served as president, all have been white males and through 2004 only one, John F. Kennedy, was not a Protestant or Unitarian. A majority of the presidents have been lawyers and many have been wealthy. II. The Process of Becoming President Once a candidate has received a nomination from his or her party, the candidate must win a majority of the votes cast in the electoral college. Since electors are decided in most states through a plurality system, it is possible for a candidate to lose the popular vote but still win the election, as has been the case four times, most recently in 2000. When more than two candidates have run for president, it is possible for one to win with less than 50 percent of the popular vote. It is also possible for no candidate to receive a majority of the votes cast in the electoral college, in which case the House elects the president by voting state-by-state for a candidate from the top three electoral vote getters. III. The Many Roles of the President Over time, the institution of the presidency has evolved into numerous formal and informal roles. A. Head of State. One role is ceremonial head of state. As head of state the president is afforded a status of symbolic royalty and performs largely ceremonial duties. In most countries the head of state is not the leader of government, but is a separate position, such as the queen in Britain or the president in Germany. B. Chief Executive. The president also functions as the chief executive. In this position, the president is leader of government in the executive branch. This position requires that the president administer the laws of the country. Signing statements are written declarations regarding a law’s enforcement made by presidents when signing a bill into law. Often these statements note the president’s concern about the constitutionality of a bill. George W. Bush has used them more than all previous presidents combined. 1. The Powers of Appointment and Removal. The president is responsible for selecting highranking, unelected officers of the government. As a result of the civil service system, the number of political appointments is a small part of the total number of government employees—somewhat more than 6,000 positions. The president’s power to remove officials who are not up to snuff is not explicitly granted by the Constitution, but instead was bolstered by a Supreme Court ruling of 1926 that allows the president to remove anyone he or she has appointed. 2. The Power to Grant Reprieves and Pardons. Key concepts: reprieve, a formal postponement of the execution of a sentence imposed by a court of law, and pardon, a release from the punishment for or legal consequences of a crime. A pardon can be granted by the president before or after a conviction. At times reprieves and pardons are controversial. C. Commander in Chief. Through this power, control of the armed forces rests in civilian—rather than military—hands. 1. Wartime Powers. The founders had George Washington in mind when they assigned control of the military to the president. This role has become a position that has more power and responsibility than any other. 2. The War Powers Resolution. The War Powers Resolution of 1973 requires the president to report to Congress on the use of force when the president commits troops without congressional approval. Congress can require the president to withdraw forces. D. Chief Diplomat. As chief diplomat the president has the responsibility for setting the direction of foreign policy. 1. Diplomatic Recognition. The president determines the governments that the United States will recognize as legitimate. The United States refused to recognize the governments of the Soviet Union and of China for decades after these communist governments came to power. At issue today is whether the U.S. should recognize Iran to facilitate diplomatic relations, which were suspended as a result of a hostage crisis in 1981 when Iranians took over the U.S. Embassy in Iran and held hostages for 444 days. 2. Proposal and Ratification of Treaties. The president has the sole power to negotiate treaties. Two-thirds of the Senate must approve of a treaty before it goes into effect. Even if the Senate ratifies a treaty, it will not be valid unless the president then approves the Senate version of the treaty. 3. Executive Agreements. The president can also make international agreements with the heads of foreign governments. These executive agreements do not require the approval of the Senate, but they also do not bind future presidents as treaties do. E. Chief Legislator. Some of the powers the president has as chief legislator are laid out in the Constitution. For example, the president gives a State of the Union message to Congress each year. Frequently this speech is used to outline the president’s legislative agenda. 1. Getting Legislation Passed. The president attempts to persuade Congress to pass presidential proposals. If the president is from the same party that has control of both houses of Congress, it is easier for him to work with Congress on his legislative agenda. When the opposition party controls Congress, the president has a more difficult time gaining the enactment of his proposals. 2. Saying No to Legislation. If Congress decides to ignore the president’s agenda and pursue their own legislation, the president may attempt to stop legislation by use of the veto, which can kill a bill (in the case of a pocket veto) or send it back to Congress for changes. George W. Bush did not use his veto power against his Republican Congress until 2006, when he vetoed legislation dealing with stem-cell research. Since Democrats took control of Congress in 2007, Bush has threatened to veto a number of proposed laws. 3. The Line-Item Veto. In 1996 Congress enacted legislation that allowed the president to use the line-item veto on bills of revenue. In 1998, the Supreme Court ruled the line-item veto unconstitutional. 4. Congress’s Power to Override Presidential Vetoes. When the president vetoes a bill, it is possible for Congress to override the veto with a two-thirds vote in both chambers. Overall, only about 7 percent of vetoes have been over-ridden. F. Other Presidential Powers. These include powers that Congress has bestowed on the president by statute (statutory powers) and those that are considered inherent powers. Inherent powers are those powers the head of government needs to fulfill his duties, as prescribed vaguely in the Constitution. An example of inherent powers is the emergency powers used by the president in times of war. Critics suggest that Congress has yielded some of its rightful powers to the president. In current times, President George W. Bush has argued that expanding the powers of the president is necessary to fight the war on terrorism. IV. The President as Party Chief and Superpolitician A. The President as Chief of Party. As the powerful leader of a political party, the president chooses the national committee chair. In the past, patronage was a reward presidents could bestow on party members, but the power of patronage has decreased with the establishment of the civil service. Increasingly, the president has acted as chief campaigner and chief fundraiser for the party. Typically, candidates for Congress and even state offices rely on the president’s ability to generate contributions to help fund their campaigns. The president also is expected to “go on the stump” and campaign for politicians of his party who are up for election. Presidents also have the power to reward loyal supporters with government funding (“pork”). B. The President’s Power to Persuade. Richard Neustadt observed almost fifty years ago that ultimately presidential success comes down to “the power to persuade,” since the Constitution gives Congress most of the authority in the U.S. political system. The targets of this persuasion are usually Congress and the American people. Some scholars have noted, though, that presidents can take direct action in pursuit of policies using presidential tools such as executive orders. C. Constituencies and Public Approval. 1. Presidential Constituencies. The president serves many, including the general public (even nonvoters) and the supporters of the president’s party. The Washington community is an important constituency that monitors the president’s power and influence on a daily basis. 2. Public Approval. How much success the president has is, in part, influenced and indicated by the public support for the president as measured in public opinion polls. The experiences of President Bush underscore the impact of popular approval on a president’s prospects. He had some of the highest approval ratings in history after September 11, 2001, only to dwindle to around 30 percent support in mid-2006. 3. “Going Public.” When the president presents an idea to Congress, he may also “go public” in an attempt to generate popular support for his proposal. V. The Special Uses of Presidential Power A. Emergency Powers. These can be used during periods of national crisis. The United States Supreme Court identified these powers in the case of United States v. Curtis-Wright Export Corporation in 1936. B. Executive Orders. An executive order is a rule or regulation issued by the president that has the effect of law. Executive orders can implement and give administrative effect to provisions in the Constitution, treaties, and statutes. Also: the Federal Register, a publication of the U.S. government that prints executive orders, rules, and regulations. C. Executive Privilege. This is the right of the president, or a member of his administration, to withhold information from or refuse to appear before a legislative committee. This right is based on the constitutional doctrine of the separation of powers. Critics argue it can be used to shield actions of the executive branch from public scrutiny. 1. Limiting Executive Privilege. There are limits to this type of claim as were demonstrated in the case of United States v. Nixon in 1974, which held that executive privilege cannot be used to withhold evidence to be used in criminal proceedings. 2. Clinton’s Attempted Use of Executive Privilege. While under investigation for allegedly lying about a sexual affair, President Clinton attempted to claim executive privilege in a number of instances. The courts rejected the argument, following the precedent of United States v. Nixon. 3. Executive Privilege in the Bush Administration. President George W. Bush has also claimed executive privilege occasionally. In his first term he used it to keep the head of the newly established Office of Homeland Security from testifying before Congress and also used it to resist congressional questions about the actions of his administration’s energy policy task force. VI. Abuses of Executive Power and Impeachment Article I, Section 2, gives the House the sole power of impeachment. If a majority of the members of the House vote to impeach an officer of the United States, the Senate will conduct a trial. If two-thirds of the Senators vote for conviction the officer is removed from office. There have been two presidential impeachments in the history of the United States and no president has even also been convicted (and thus removed from office). Andrew Johnson was impeached by the House but the Senate did not vote to convict. President Nixon resigned his position before a vote on impeachment by the House in 1974. President Clinton was impeached by the House on charges or perjury and obstruction of justice; he also was not convicted by the Senate. VII. The Executive Organization The structural organization of the executive branch was not outlined in detail by the Founders. All the Constitution provides for is a president and a vice president. The remaining structure was left to the discretion of the president and Congress. This lack of constitutional rigidity has allowed for a flexible expansion of the executive branch. The greatest growth in the executive branch occurred in the twentieth century. A. The Cabinet. The cabinet is also not laid out by name in the Constitution. 1. Members of the Cabinet. The fourteen department secretaries and the attorney general meet to receive directives from the president, provide the president with information from their areas of specialization, and to advise the president on matters of state. The president may appoint other top officials to the cabinet, such as the vice president, the head of the National Security Agency or the director of the Office of Management and Budget. See Table 11-1. The president may also rely on the advice from close friends who do not hold a seat in government. These advisors are called the kitchen cabinet. 2. Presidential Use of Cabinets. Some presidents have made more use of the cabinet as an advisory body than others have. Because departmental heads are often more responsive to their own departments, their interests can conflict with the interests of the president. B. The Executive Office of the President. This is made up of a variety of agencies that operate directly under the president, including the following: • White House Office • Office of Administration • Council of Economic Advisers • Council on Environmental Quality • National Security Council • Office of Management and Budget • Office of National Drug Control Policy • Office of Science and Technology Policy • Office of the United States Trade Representative • President’s Foreign Intelligence Advisory Board 1. The White House Office. This includes the legal counsel to the president, secretary, press secretary, appointments secretary, and the chief of staff. Members of this office are highly political and may be former campaign officials. Their duties mainly are to protect the president’s political interests. Also, the White House Military Office provides communications, transportation, medical care, and food services to the president and the White House staff. 2. The Office of Management and Budget. The OMB prepares the president’s budget for Congress’s approval. In principle, the OMB has broad fiscal powers because all agencies must submit their budgets to OMB for approval. It is not clear that it can affect the greater scope of the federal budget, though, and may be more important as a clearinghouse for legislative proposals initiated by executive agencies. 3. The National Security Council. This agency comprises the president’s key foreign and defense policy advisers. It includes the president, the vice president, the secretaries of state and defense, and the president’s national security adviser, in addition to other informal members. VIII. The Vice Presidency The only formal duty of the vice president set out in the Constitution is to preside over the Senate. A. The Vice President’s Job. 1. Strengthening the Ticket. Traditionally the presidential candidate selects a vice-presidential candidate who would strengthen the ticket. This usually meant the presidential candidate would select someone from a different geographical area and with different constituency strengths. Sometimes candidates select a running mate with a different philosophical perspective. 2. Supporting the President. Once elected, the vice president is relegated to performing the tasks assigned by the president, which traditionally have been minor. In recent administrations, however, vice presidents have served as important presidential advisers. B. Presidential Succession. While the vice president has few formal obligations, there is one major responsibility: replacing the president if the president resigns, dies, or is incapable of performing the duties of president. On nine occasions the vice president has replaced the president. Other than Nixon’s resignation, all have been due to the death of the president. When the vice president replaces the president, he becomes the new president with all of the same powers and duties as if he had been elected. One major flaw with this system was that once the vice president became president there existed a vacancy in the vice presidency. On the first seven occasions when a vice president became president there was no way for the president to select a vice president. After President Kennedy was assassinated and Vice President Johnson became the new president, Congress began to work on an amendment that would eliminate this problem. C. The Twenty-Fifth Amendment. Ratified in 1967, the Twenty-Fifth Amendment would be used twice in the following seven years. One of the more controversial provisions in the TwentyFifth Amendment concerns the ability of the president to perform the duties of his office. If the vice president and a majority of the principal officers of the executive departments indicate to the leaders of Congress that the president is not capable of performing the duties of the office, the vice president shall assume power as the acting president. D. When the Vice Presidency Becomes Vacant. The Twenty-Fifth Amendment states that a vice president replacing a president can nominate a new vice president who must be confirmed by a majority of both houses of Congress. See Table 11-3 for a full list of the line of presidential succession, which was established by the Succession Act of 1947. IX. Features A. What If ...There Were No Executive Privilege? Executive privilege is the right of executive officials to withhold information from or refuse to appear before the legislature or judiciary. Executive privilege is enjoyed by the president and by those officials accorded that right by the president. Usually presidential administrations use executive privilege to safeguard national security secrets. If there were no executive privilege, presidents would know that all of their words, documents, and actions could be made public. Such a scenario would make it difficult for the current president to wage war on terrorism as he has thus far, and could lead government officials to resort to “informal” or secret meetings. B. Beyond Our Borders. Heads of Government are Not Always Directly Elected. In Parliamentary systems of government, including Great Britain and Canada, the head of government is chosen, not directly elected by the people. C. Which Side Are You On? Should the United States Negotiate with Terrrorist States? The president of the United States is the nation’s chief diplomat. Because governments that sponsor terrorism do not have the same rules or values, it is not possible to feel they will abide by any agreements or promises they make with the United States. Negotiation with terrorists or terrorist sponsoring countries will give them legitimacy. D. Politics and the Presidency. Elections of Change. Change has been a popular campaign theme for a long time but true change is difficult to create. Both Democrats and Republicans have promised change in presidential and congressional elections but few real changes have been accomplished. E. Politics and the Cybersphere. Scrubbing the White House Web Site Squeaky Clean. The president’s Web site is a good source for information, such as press releases, press conferences, and interviews. A criticism of President Bush’s Web site is that it often is scrubbed of dated material and not always updated with new information. F. Why Should You Care About the Presidency? Every day, the White House receives several thousand letters, phone calls, and other communications. Though presidents sometimes claim that they don’t look to opinion polls to set policies, they must still pay attention to the public opinion. Those who wish to articulate their opinions directly to the White House can send letters (which almost certainly will be responded to by a staffer), call the switchboard or comment line, or fire off an email. Chapter 7 Interest Groups and Political Parties In the United States and other democracies, people possess a variety of ways by which they can communicate their opinions to government officials and others. In turn, officials recognize the importance of public opinion, and often change policy (or have their positions bolstered) based on public opinion. While in some cases public opinion is clear and decisive, oftentimes it is murkier. In addition, public opinion can be shaped by the very policymakers who must also respond to it. That is, government officials do play a role in political socialization and often shape public opinion on a variety of issues. I. Defining Public Opinion Public opinion is the aggregate of individual attitudes or beliefs shared by some portion of adults. Private opinion becomes public opinion when an individual takes some type of action to express an opinion to others publicly. We can look to the distribution of public opinion to determine how divided the public is on any given issue. When there is general agreement on an issue, there is said to be a consensus. When opinions are polarized between two quite different positions, there is divided opinion. II. How Public Opinion is Formed: Political Socialization A. Models of Political Socialization. Political socialization is the process by which individuals acquire political beliefs and values. The interactions an individual has with others have a major impact on the formation of individual opinion. B. The Family and the Social Environment. The importance of the family is paramount in the development of individual opinion. Political attitudes begin to develop in children and the major influence on these early values is the family. 1. Education as a Source of Political Socialization. Educational influence on political opinions is also important. Education introduces individuals to ideas outside of the home and outside of the local community. These new ideas may influence the individual to accept opinions that are different from those of the parents. 2. Peers and Peer Group Influence. These also have an impact on opinion formation. As people interact with others in school, or at work, or in social activities, various values come into play. These values can influence how opinions are formed. 3. Opinion Leaders’ Influence. Leaders, both formal and informal, also tend to shape the opinions of the public. Formal leaders include political leaders like the president, governors, and members of Congress. Formal leaders make a conscious effort to shape the opinions of the public. Informal leaders may not necessarily attempt to shape the political opinions of the public, but they still exert an influence on opinion formation. Examples of informal leaders are teachers, religious leaders, and civic leaders. C. The Impact of the Media. The media also play a significant role in the political socialization. The media present information on important political topics. How topics are presented and which topics are presented have a major impact on opinion formation. D. The Influence of Political Events. Political events can produce a long-lasting impact on opinion formation. An important example was the impact of the Great Depression on people who came of age in that period. We call such an impact a generational effect. While it is likely that the events of September 11, 2001, will play an important role in the political socialization of young Americans, it is still unclear what this impact will be. III. Political Preferences and Voting Behavior. The candidates and political parties that individuals decide to support are influenced in part by party identification and certain demographic and socioeconomic factors. Because of the relationship between various groups and voting behavior, campaign managers often target particular groups when creating campaign advertising. A. Party Identification and Demographic Influences. Demographic traits exert a major influence over the development of one’s opinion. 1. Party Identification. With the possible exception of race, party ID has been the most important determinant of voting behavior in national elections. It is influenced by family, peers, generational effects, the media, and assessments of candidates and issues. In the mid to late 1960s party affiliation began to weaken and the percentage of the electorate who identify as independents increased to about 30 percent of all voters. 2. Education. For years, higher education levels appeared to correlate with voting for Republican candidates. Since 1992, however, voters with higher levels of education have been voting increasingly Democratic, so that in the 2000 election, these voters were nearly evenly divided between Al Gore and George W. Bush. The reason seems to be that professionals (such as lawyers, physicians, professors, etc.) are trending Democratic. Therefore, persons with postgraduate degrees (necessary for many professionals) now often vote Democratic. Businesspeople have remained strongly Republican, however. Businesspeople are less likely to have postgraduate degrees, which is why the population with only B.A.s continues to appear to favor the Republicans. 3. The Influence of Economic Status. Economic status and occupation appear to influence political views. On issues of economic policy, individuals who have less income tend to favor liberal policies, while individuals of the upper middle class favor conservative policies. On cultural issues the reverse tends to be true. Those with less income are more conservative and those with higher incomes are more liberal. 4. Economic Status and Voting Behavior. Although there are no hard-and-fast rules, normally the higher a person’s income the more likely the person will be to vote Republican. Manual 5. 6. 7. 8. 9. laborers, factory workers, and especially union members are more likely to vote Democratic. Religious Influence: Denomination. Religious influence appears to have a significant impact on the development of political opinions. For example, the Jewish community is highly likely to vote for Democratic candidates. Irreligious voters tend to be liberal on cultural issues, but to have mixed stands on economic ones. A century ago, Catholics were often Democrats and Protestants Republican, but little remains of that tradition. Religious Influence: Religiosity and Evangelicals. Religiosity and fundamentalist or evangelical views are major predictors of political attitudes among the Christian denominations. Voters who are devout, regardless of their church affiliation, tend to vote Republican, while voters who are less devout are more often Democrats. African Americans, who have been strongly Democratic, are an exception to this trend. Evangelicals tend to be cultural conservatives but not necessarily economic conservatives. The Influence of Race and Ethnicity. In general, members of minority groups favor the Democrats. African Americans do so by overwhelming margins. Hispanics are voting Democratic by about two to one, though the Cuban-American vote is strongly Republican. Asian Americans tend to support the Democrats but often by narrow margins. American Muslims of Middle Eastern descent gave George Bush majority support in 2000 based on shared cultural conservatism, but went heavily for John Kerry in 2004 on the basis of civil liberties concerns. The Hispanic Vote. In general, Hispanics favor Democratic candidates over Republican candidates by 73 percent to 26 percent. The Gender Gap. Key term: the gender gap, or the difference between the percentage of women who vote for a particular candidate and the percentage of men who vote for that candidate. Since 1980, women have tended to give somewhat more support to Democratic candidates for president and men have given somewhat more support to the Republicans. Women have been more supportive of social spending and extending civil rights (the value of equality). They have also been more concerned than men about security in the wake of 9/11, however. 10. Geographic Region. The former solid Democratic South has crumbled in national elections. Democrats tend to get support from the Northeast and the West Coast. Republicans do well in the South, the Great Plains, and the Rocky Mountains. Perhaps more important is residence—urban, suburban, and rural. People in cities are typically liberal and Democratic, while those who live in smaller communities tend to be conservative and Republican. B. Election-Specific Factors 1. Perception of the Candidates. The candidate who is more successful in projecting an image that the public wants has a better chance of winning the election. Typically, these traits have to do with character (such as trustworthiness). 2. Issue Preferences. Although not as important as personality or image, where a candidate stands on a given issue does have an impact on voters. Economic issues are often the most important. Some voters may cast votes based on their own economic interests, while others will vote based on what is happening to the nation’s economy as a whole. In the last several years, the Iraq war has emerged as a dominant issue, while health care and immigration reform may also overshadow concerns about the economy. IV. Measuring Public Opinion A. The History of Opinion Polls. As early as the 1800s, the press conducted “straw polls.” Such polls are not an accurate reflection of public opinion. The Literary Digest conducted the most infamous of these in 1936. Franklin Roosevelt was elected in a landslide after the poll conducted by the Digest had projected his defeat. The Digest’s sample was not representative. In the 1930s, however, modern, relatively accurate polling techniques were developed by George Gallup, Elmo Roper, and others. Survey research centers were set up at several universities after World War II. B. Sampling Techniques 1. Representative Sampling. To accurately predict the whole based on only a sample, the sample must be representative. 2. The Principle of Randomness. A purely random sample will be representative within the stated margin of error. For a poll to be random, every person in the defined population has to have an equal chance of being selected. The larger the sample of the population, the smaller the margin of error. If a random sample, with a margin of error of plus or minus 3%, reveals that 63% of the population favors a reduction in spending for space exploration, then the actual number of people favoring such a reduction is between 60% to 66%. Making sure that your sample is random is a major task. A technique known as quota sampling may depart from the random model, and thus be less accurate. In quota sampling, researchers decide how many persons of certain types they need in the survey—such as minorities, women, or farmers—and then send out interviewers to find the necessary number of these types. Within the categories, the sample may be nonrandom and therefore biased. C. The Importance of Accuracy. Survey organizations usually interview about 1500 individuals to measure national sentiment among roughly 200 million American adults. Their results have a high probability of being correct—within a margin of three percentage points—and they have had some notable successes in accurately predicting election results D. Problems with Polls. While random samples are usually accurate, there can still be problems. If the margin of error is greater than the difference between two candidates, the poll cannot indicate who is leading at that time. Polls are only accurate for the time frame when they were conducted. In the case of an issue in which public opinion changes quickly, the length of time the poll will be accurate will be very short. 1. Sampling Errors. Key concept: sampling error, or the difference between a sample’s results and the true result if the entire population had been interviewed. It can be dangerous if the sample is too small or if the polltakers do not know how to correct for common biases in samples. 2. False Precision. Surveys report within one to two decimal places but the margin of error could make it less accurate. 3. Poll Questions. The design of a question can affect the result. Yes/no answers are a problem if the issue admits to shades of gray. Often, people will attempt to please the interviewer. 4. Unscientific and Fraudulent Polls. Polls conducted by workers in campaign offices are usually biased and do not give an accurate picture of the public’s view. 5. Push Polls. Push polls are not polls at all, but are attempts to spread negative statements about a candidate by posing as a pollster and using long questions containing information about the opposition. Both candidates and advocacy groups use push polls. V. Technology and Opinion Polls A. The Advent of Telephone Polling. Telephone polling is far easier and less expensive than door-to-door polling, and has become standard. (Years ago telephone polling could not be accurate because many poor voters did not have phones.) 1. Telephone Polling Problems. In part because of its success, telephone polling has now become problematic because so many entities conduct “polls” and “market research.” Nonresponse Rates Have Skyrocketed. The pervasiveness of polling has meant that fewer people are willing to respond to telephone polls. 2. The Cell Phone Problem. Cell phone numbers are not included in random-digit dialing programs. B. Enter Internet Polling. Harris, a widely respected polling organization, has attempted to design Internet polls that assign weights to respondents to achieve the equivalent of a randomsampled poll. Public opinion experts argue that the Harris procedure violates the mathematical basis of random sampling, but the Internet population is looking more like the rest of America. 1. “Nonpolls” on the Internet. There are many unscientific straw polls on the Internet. These nonpolls undercut the efforts of legitimate pollsters to use the Internet scientifically. 2. Does Internet Polling Devalue Polling Results? In time, nonresponse rates to Internet polling could escalate. With nonscientific polls getting as much attention as more accurate surveys, Americans may begin to see all polls as equally truthful or equally fraudulent, to the detriment of trust in all polls and polling methods. VI. Public Opinion and the Political Process A. Political Culture and Popular Opinion. Political culture can be described as a set of attitudes and ideas about the nation and government. Certain shared beliefs about important values are considered the core of American political culture. They bind the nation together despite its highly diverse population. These values include liberty, equality, and property; support for religion; and community service and personal achievement. 1. Political Culture and Support for Our Political System. General popular belief that the presidential election of 2000 would be settled fairly is an example of how a general sense of support for our political system allows the nation to get through a crisis. 2. Political Trust. General levels of trust in government have gone up and down. In the 1960s and 1970s, during the Vietnam War and Watergate scandal, the level of trust in government declined steeply. Levels were high right after 9/11 but have steadily declined since 2001. B. Public Opinion about Government. It is clear that there is considerable ambivalence on the part of the public regarding government and other national institutions. Recent data suggest that trust in government peaked after 9/11 but fell back thereafter. Over the years, the military and churches have been the institutions receiving the highest levels of public confidence. After 9/11, confidence in the military reached new highs. Confidence in churches was hurt in 2002 by a series of sex abuse scandals. Banks and the Supreme Court also score highly, while the media, Congress, labor unions, and business come off more poorly. In recent years, the top of the list of the nation’s most important problems has included terrorism, the war in Iraq, the economy, and health care. C. Public Opinion and Policymaking. If public opinion is important for democracy, then policy makers should be responsive to public opinion. A groundbreaking study in the early 1990s suggests that the national government is very responsive to the public’s demands. Policy often changes in a direction consistent with public opinion, and when public opinion changes dramatically government policy is much more likely to follow public attitudes. 1. Setting Limits on Government Action. Public opinion may be at its strongest in preventing politicians from embracing highly unpopular policies. To what degree should public opinion influence policymaking? The general public believes the leadership should pay attention to popular opinion, while policymakers themselves are less likely to believe this. 2. The Limits of Polling. There are differences of opinion between the public and policy makers on this issue. Part of the difference stems from one of the flaws of polling: poll questions largely ignore the context within which most policy decisions take place. That is, people are likely to express opinions on many kinds of policies without being required to consider the costs. VII. Features A. What If …Voters Could Accept or Reject National Policies via the Internet? Use of the Internet could provide rapid voter feedback but steps would need to be taken to protect the integrity of the process and prevent voter fraud. B. Politics and the Cybersphere. The YouTube and MySpace Generation Rock the Vote. Social networking sites, such as MySpace and Facebook, blogs, and YouTube are becoming powerful tools for disseminating information and expressing political opinions. C. Which Side Are You On? The Media and Agenda Setting. The media clearly have a significant impact on the way that Americans think about politics. They also play a considerable role in agenda setting.Often media outlets decide what topics to cover based on entertainment or ratings value. Pointing to the information revolution of the Internet, many argue that anyone can pursue her or his own personal information-gathering agenda. D. Elections 2008. The Accuracy of the 2008 Polls. E. Politics and Campaigns. Opinion Polling Faces Competition. Opinion polls use random sampling in an effort to make accurate predictions but the polls also count on the truthfulness of the people being polled. F. Why Should You Care About Polls and Public Opinion? Successful political participation depends on knowing what fellow citizens are thinking, and polls can give insight into this. Poll results flood news reports at critical political times (such as elections), but not all polls are equally reliable. It is important to consider the source and techniques of a poll before giving credence to its results. The veracity of many polls has to be taken with a grain of salt. For example, in many polls the samples are far from random and the margins of error are much greater than published. How a question is phrased can change the outcome dramatically, such as with “loaded questions.” False precision represented by incredibly detailed results can also make predictions difficult. e CHAPTER 9 The Congress OUTLINE I. The Nature and Functions of Congress. Article 1 of the Constitution deals with the structure of, the powers, and the operations of Congress. A. The authors of the Constitution intended for the bulk of the national government’s power to reside in the legislative branch. Key concept: bicameralism, or the division of the legislature into two separate houses. Bicameralism reflected both a compromise between large and small states (the Connecticut Compromise or “Great Compromise”) and also the class structure of the fledgling U.S. The House was to be elected by the people and apportioned to the states based on population, therefore representing the views of the people. The members of the Senate were selected by the state legislatures (two per state) from the pool of elites within society, therefore representing upper social interests. In 1913, however, the Seventeenth Amendment provided that the public would elect senators for their states. B. The Lawmaking Function. The prime function of Congress is lawmaking. This is the process of deciding the legal rules that govern our society. Through this function Congress establishes broad national policies (including budgetary priorities) by building majority coalitions through political tactics like logrolling, debate, and compromise. C. The Representation Function. Members of Congress also function as representatives of both their constituents and the nation as a whole. Generally there are three roles elected officials can assume when representing their constituents: the trustee or delegate roles and the “politico” (a combination of the two opposing practices). 1. The Trustee View of Representation. The elected official attempts to consider the whole of society and act in accordance with the nation’s best interest. 2. The Instructed-Delegate View of Representation. The elected official is an agent for the constituents, doing exactly what a majority of her or his constituents want on issues. D. Service to Constituents. Members of Congress are expected to assist their constituents in dealing with the government. This casework includes assisting constituents in procuring governmental services that were denied to the constituent. The member of Congress is seen as an ombudsperson, or an investigator of constituent problems who uses his or her staff to “cut through the red tape” of the federal bureaucracy. Casework provides a benefit to both the constituent and to the representative, who typically gains the grateful constituent’s support during reelection. E. The Oversight Function. Congress is responsible for following up on its laws and actions to ensure that policy is being enforced in the way it had intended. Congress also makes inquiries to determine the effectiveness of the federal bureaucracy and whether the bureaucracy is fulfilling the needs of the public. When one party controls both the legislative and executive branches, some claim Congress is more likely to fail to fulfill its oversight function. Weeks after the Democrats took control of Congress in 2007; they launched a series of investigations into alleged wrongdoing. F. The Public-Education Function. Congress presents a range of viewpoints on national questions when it holds public hearings, exercises oversight, and engages in debate on major issues. Congress also sets the agenda when it decides what issues come up for debate and consideration. G. The Conflict-Resolution Function. Congress acts as an institution to resolve conflicts within American society, brokering between opposing viewpoints or resource demands. II. The Powers of Congress A. Enumerated Powers. The enumerated powers are set forth in Article I, Section 8. Enumerated powers, or expressed powers, are specific grants of power to Congress. These powers include taxing, spending, borrowing, and coining; regulation of foreign trade and trade among states; regulation of the military (state militias, the army and navy, and the power to declare war); as well as the power to define the court structure. 1. Powers of the Senate. The Senate must “advise and consent” to treaties and the appointment of top officials like Supreme Court justices. 2. Constitutional Amendments. Congress has received other grants of power through amendments (such as the Sixteenth Amendment that allows Congress to levy an income tax). B. The Necessary and Proper Clause. The necessary and proper, or “elastic,” clause of Article I, Section 8 allows Congress to make laws that are deemed necessary to carry out the enumerated powers. Recall the discussion of Chapter 3: the loose wording of this clause has, over time, allowed Congress (and therefore the national government) to expand its powers greatly. III. House-Senate Differences Congress is composed of two chambers: the lower chamber, the House of Representatives; and the upper chamber, the Senate. There are major differences between the two chambers. See Table 10-1. A. Size and Rules. The most noticeable difference between the two houses is size: the House has 435 members while the senate has 100. Because of the large number of members in the House there are many formal rules to govern floor debate, determined and regulated by the Rules Committee. Since there are considerably fewer members in the Senate, there are fewer restrictions on floor activity. B. Debate and Filibustering. The Senate’s tradition of unlimited debate can lead to the use of such debate to block a bill in a filibuster. Cloture is a way to stop the filibuster, requiring the approval of 60 senators. If a vote for cloture is approved, debate is limited to a maximum of one hour per senator. C. Prestige. The houses also differ in prestige. Senators, because of their longer term and smaller number, can achieve a level of personal recognition that is almost impossible to achieve in the larger House of Representatives unless one holds a leadership position. IV. Congresspersons and the Citizenry: A Comparison In comparison to the general population, the members of Congress are significantly different both demographically and economically. The members of Congress are older, wealthier, and better educated than the general public (with a disproportionate number of lawyers holding congressional seats). There are relatively few women and members of minority groups in Congress, although this situation is improving. See Table 10-2. V. Congressional Elections State governments conduct their individual elections for members of Congress. Representatives are elected every two years; each state has at least one representative, with the number of seats per state awarded every decade by the results of the census. Senators serve six-year terms, and only about one-third of the Senate is up for reelection every two years. Only states can elect members of Congress, but territories and the District of Columbia send nonvoting delegates to Congress. A. Candidates for Congressional Elections. Candidates for congressional seats can be self-selected or recruited by the local political party. Usually the party attempts to select a candidate who possesses many of the social characteristics of the population in the district. It is also likely that a person will be picked who has been successful in elections at the local or state level. 1. Congressional Campaigns and Elections. The importance of fundraising has increased in the past twenty years. Victorious candidates for the Senate have recently spent an average of over $7 million, while successful House candidates have averaged just over a million dollars. In every state nominations for Congress are determined by the voters in a direct primary election. In this election candidates vie for the nomination among voters who are party identifiers. If a candidate wins the nomination, she or he will go on to run under the party label in the general election. 2. Presidential Effects. If a strong presidential candidate is on the ticket, that candidate may have “coattails” that benefit congressional candidates of the president’s party. However, the presidential coattail effect in recent years has been modest or nonexistent; in fact, a reverse coattail effect has been observed in mid-term elections. B. The Power of Incumbency. Incumbents have a huge advantage in congressional elections. See Table 10-4 for the dramatic reelection rates of House and Senate members (over 90 percent for the former over the last 20 years). One of the major reasons for the overwhelming incumbency advantage is the free publicity the member of Congress receives. The media constantly reports on events that involve the members of Congress. The public usually knows much more about members of Congress than they do about challengers. Incumbents are able to run based on their record of casework and obtaining federal money and projects for their constituents. Incumbents also have the advantage when it comes to fundraising. C. Party Control of Congress after the 2006 Elections. The 2006 midterm elections represented the reverse coattail effect, as President George W. Bush’s Republican Party lost control of both the House and the Senate. Democratic leaders in both chambers have reached across the aisle to enlist Republican support, which is particularly necessary in the Senate where Democrats have a narrow majority. VI. Congressional Apportionment Key concepts: reapportionment—the allocation of seats in the House of Representatives to each state after each census, and redistricting—the redrawing of the boundaries of the congressional districts within each state. Historically, House districts within states often had wildly disproportionate populations, usually to the benefit of rural areas. The same was true of districts established to elect state legislators. In 1962, the Supreme Court ruled that legislative districts for the lower houses in state legislatures had to be of equal population (thus also ruling the question of apportionment to be justiciable). In 1964, it extended that logic to state senates and to the U.S. House. A. Gerrymandering. A second problem with drawing district lines is gerrymandering, the practice of drawing lines to favor one party over the other. The Supreme Court has ruled that, in principle, partisan gerrymandering in the extreme might violate voters’ constitutional rights, but it has yet to find a single instance of partisan gerrymandering unconstitutional. B. Redistricting After the 2000 Census. Gerrymandering by the party in control of a state legislature is almost universal today; it became much more efficient when computers were applied to the task. Two techniques of partisan redistricting are “packing” the other party’s supporters into the fewest number of districts to ensure that many of their votes will be wasted and “cracking” the supporters of the other party among the remaining districts in numbers too small to affect an election. The Supreme Court’s unwillingness to strike down obviously gerrymandered districts in Pennsylvania and Texas demonstrate with clarity that the Court will not take up issues of purely political gerrymandering. One result is that only a small percentage of House seats typically are open for any real competition. C. “Minority-Majority” Districts. In the 1990s, in an effort to combat the effects of past discrimination, the federal government encouraged the creation of districts with enough minority group members to elect a minority group member to Congress. These were called “minority-majority” districts. 1. Constitutional Challenges. The Supreme Court, however, has held that states cannot construct districts on the basis of race alone. In 1995 it rejected a plan for a Georgia district on this basis. 2. Changing Directions. In recent cases, the Court has been willing to accept redistricting plans in areas that formerly practiced legal discrimination (in this case, Louisiana) unless the plan left minorities worse off than before. VII. Perks and Privileges An example of congressional privilege is franking, the use of a signature instead of a postage stamp; there are many other benefits, however. A. Permanent Professional Staffs. Members of Congress have large staffs; the average office employs about 30 staff members. Congress also benefits from the resources and expertise of agencies created to assist members, such as the Government Accountability Office (formerly the General Accounting Office). B. Privileges and Immunities under the Law. Representatives and Senators cannot be sued for slander for anything they say in Congress. C. Congressional Caucuses: Another Source of Support. The key caucuses are the official caucuses of the two major parties. There are over 200 other caucuses, ranging from important bodies (the Congressional Black Caucus) to the less important (the Potato Caucus). VIII. The Committee Structure A. The Power of Committees. The key to understanding how Congress gets things done is to understand congressional committees. These “little legislatures” have the final say on a piece of legislation. They are only rarely deprived of control of a bill they’ve shepherded through the system, though the system to do so—the discharge petition—exists. B. Types of Congressional Committees. 1. Standing Committees. These are the most important committees in Congress because all bills are referred to a standing committee in each chamber. Each standing committee covers an area of specialization and is subdivided into subcommittees. 2. Select Committees. These are created to accomplish a particular task. Unlike standing committees, select committees are not permanent. Once the task has been accomplished, the select committee may be abolished. Some select committees live forever, though, such as the Select Committee on Intelligence in each chamber. 3. Joint Committees. These are established with members of each chamber serving on the committee. The tasks assigned to these committees are very diverse. 4. Conference Committees. These are special joint committees convened when a bill has passed both chambers but there are differences between the version approved by the House and the version approved by the Senate. The role of the conference committee is to reach a compromise between the different versions. After the compromise is reached, both houses must approve of the compromise bill before it is sent to the president. 5. House Rules Committee. This is a very powerful standing committee in the House of Representatives. Once the appropriate standing committee in the House has approved a bill, it is sent to the Rules Committee. This committee makes rules that will govern what happens to the bill on the floor of the House. C. The Selection of Committee Members. The political parties conduct the selection of committee members through party Steering Committees. Once assigned to a committee, the member is likely to remain on the committee for the remainder of her or his career in that chamber. In general the most senior member of the majority party will be selected as the chairperson of the committee. Such a seniority system rewards those who are from districts with safe seat and who can therefore be reelected numerous times. This is an informal system only, and both Democrats and Republicans have veered from it. IX. The Formal Leadership The majority party controls the legislative process, including the selection of congressional leaders. A. Leadership in the House. 1. The Speaker. The Speaker of the House of Representatives is the most powerful member of the House. In general, the Speaker’s powers are related to his or her control over the flow of information in the House. The Speaker: • presides over meetings of the House, • appoints members of joint committees and conference committees, • schedules legislation for floor action, • decides points of order and interprets the rules with the advice of the House parliamentarian, • and refers bills and resolutions to the appropriate standing committees of the House. 2. The Majority Leader. This person is second in line in the majority party leadership structure. He or she is responsible for assisting the Speaker in gaining the enactment of the majority party’s legislation. The majority leader fosters cohesion among party members in the House. 3. The Minority Leader. This person is the leader of the minority party in the House. His or her primary responsibility is to seek the enactment of his party’s legislative proposals, and to provide a source of “loyal opposition” to the majority party. If the president is a member of the minority party, the minority leader speaks on his or her behalf in the House. 4. Whips. Both the majority and minority parties have whips whose job is to assist their party leaders and to encourage party loyalty among House members. B. Leadership in the Senate. The president of the Senate is the vice president of the United States, but the vice president rarely actually presides over the Senate. On rare occasions, the vice president will be called upon to vote in the Senate to break a tie. The president pro tempore (usually referred to as the pro tem) is the mostly ceremonial presiding officer of the Senate, usually the member of the majority with the longest continuous term of service in the Senate. The majority leader is the most powerful member of the Senate, who directs the legislative program. The minority leader represents and directs the minority party in the Senate. As in the House, both the majority and minority parties have whips whose job is to assist their party leaders and to encourage party loyalty among Senate members. X. How Members of Congress Decide Party membership is a major determinant of how members vote, but it is not the only factor at work. A. The Conservative Coalition. In the 1950s and 1960s, a coalition between conservative (largely southern) Democrats and Republicans often had a majority of the votes and could set policy. Today, however, there are not many of these conservative Democrats left and the conservative coalition has been relegated to history. B. “Crossing Over.” Members are especially likely to vote with the other party in cases where their own party has adopted positions that conflict with the interests of the member’s district. Members may also have positions on cultural issues such as abortion that are different from the majority position of their party. XI. How a Bill Becomes a Law For a bill to become law, it must pass through both houses of Congress. All “money bills” or spending measures must originate in the House. A bill can be introduced in either the House or the Senate in similar fashion. A member (or members) drafts a bill and submits it to the presiding officer. After the bill has been introduced, it will be referred to the standing committee that has jurisdiction over the subject matter of the bill. In the House, the next step is the Rules Committee, which schedules it for House debate; in the Senate, this action is done by the Senate leadership. Then the bill and all proposed amendments are debated and the bill is put to a vote. If a majority of those voting are in favor of the bill, it is passed. If there are differences between the House version of the bill and the Senate version of the bill, the bill will be sent to a conference committee. If the members are able to work out a compromise, the bill is sent back to the floor of each chamber for re-approval. After approval, the bill is sent to the president, who may either sign or veto the bill. See Figure 10-3 for a graphic depiction of this process. XII.How Much Will the Government Spend? The Budget Impoundment and Control Act of 1974 required the president to spend the money that Congress has appropriated and attempted to make Congress examine total national taxing and spending. See Figure 10-4 for a graphic depiction of the budget process. A. Preparing the Budget. Preparing the budget begins eighteen months before the start of the fiscal year. The federal fiscal year, used for accounting, begins on October 1 and ends September 30. The Office of Management and Budget (OMB) conducts a spring review and a fall review of spending. The fall review—conducted a year before the relevant fiscal year begins—is the important review. At this time, the OMB cuts back executive agency budget requests and begins preparing the executive budget. The president submits an extremely detailed executive budget to Congress in January. This budget attempts to estimate all the revenue the government will generate (through taxes, fees, duties, etc.) and all of the expenditures of the federal government. B. Congress Faces the Budget. Congress then takes over. Key concepts: authorization and appropriation. Authorization is a formal declaration by a legislative committee that a certain amount of funding may be available to an agency. Some authorizations terminate in a year; others are renewable automatically without further congressional action. Appropriation is the passage by Congress of a spending bill specifying the amount of authorized funds that actually will be allocated for an agency’s use. In 1998, President Clinton and the Republican Congress passed the first balanced budget in decades, but subsequent budgets in the George W. Bush administration have not been balanced. C. Budget Resolutions. The Congress is supposed to pass the first budget resolution in May. This resolution sets overall revenue and spending goals, thus determining the size of the deficit or surplus XIII. for the next fiscal year. In September, Congress is scheduled to pass the second budget resolution. This resolution sets binding limits on taxes and spending for the fiscal year beginning October 1. Frequently, Congress does not make the October 1 deadline. It must then pass a continuing resolution, a temporary measure that allows government agencies to continue operating with the same funding as last year. Features A. What if …… Pork Were Banned? The idea behind pork-barrel legislation is that a congressperson can obtain funding for constituents’ favorite projects, a process also known as “earmarking.” The practice has grown dramatically, from about 120 in 1987 to about 1,200 ten years ago to close to 14,000 in 2006. Opponents of pork barrel spending have said that it does not have a long history in the U.S. and that it is “the root cause of the unholy relationship between some members of Congress, lobbyists, and donors.” Supporters of the process say that members of Congress are best positioned to know what is good for their districts and that debating each of the projects individually would cause the legislative process to grind to a halt. The reality is that such programs represent only one percent of the federal budget. B. Politics and the Cybersphere. Members of Congress resist the Online World. Because e-mail has become more prevalent and congressional staffers haven’t been able to keep up with the communication, some staffers simply turn off their members’ public e-mail addresses. C. Elections 2008. Party Control of Congress after the 2008 Elections. D. Which Side Are You On? Should Free Congressional Mailings Be Eliminated? Franking is the formal word for sending mail postagefree. The law allows members of Congress to simply sign their names in the upper right hand corner of letters and packages instead of using postage. The reason members receive these privileges is to keep constituents informed about congressional matters but it is more often used for political reasons. E. Politics and Congress. A Full Week’s Work? The vast majority of the 109th Congress were members of the three-day-a-week club. Most congresspersons did not come to their office until early Tuesday morning then returned to their home states on Thursday night after the last vote was taken. The number of days the 109th was in session dropped to 250, down from more than 320 in the 1960s and 1970s. Much of the work was conducted by a small group of leadership staff, committee staff, industry representatives, and a few important party members. F. Why Should You Care About Congress? The legislation Congress passes can affect your daily life. There is much more useful information to learn about your representatives than just their names and parties. You can contact members of Congress by going to Web sites and by email. Many interest groups, though, argue that the U.S. mail is more likely to capture the attention of representatives than e-mail. Interest groups also track the voting records of congresspersons. Chapter 9 Campaigns and Elections Free elections are the cornerstone of the American political system. Voters and candidates frequently criticize the American electoral process, though. They argue it favors wealthier candidates, furthers the aims of interest groups, and is dominated by older voters and those with more education and income. Additionally, free elections mean little if electoral procedures make it difficult to ensure that each person’s vote will count. I. Who Wants to Be a Candidate? There are thousands of elective offices in the U.S. Recruiting candidates is easier for some offices than others. Campaigns are often long and obstacle filled. Presidential candidates need to raise sufficient funds to participate in the primaries, create an organization and plans to win the nomination, and then raise more funds to campaign for president. A. Why They Run. There are two categories of individuals who run for office: the self-starters and those who are recruited by the party. Self-starters may choose to get involved to gain publicity to further a career, because of a commitment to a specific policy issue, or because of a political cause. Recruited candidates have been chosen by party leaders because they appear to have qualities that are necessary to gain the support of the voters. B. The Nomination Process. Depending on the office and on state law, candidates can be placed on a party’s general election ticket by submitting a petition to the local election board. The American system of nominations and primary elections is one of the world’s most complex. C. Who Is Eligible? Qualifications for candidates vary from office to office, but few offices have restrictive limitations. Residency requirements are common for legislative positions. Some offices have age requirements (25 years of age for the U.S. House, 30 years of age for the U.S. Senate, and 35 years of age for the presidency). II. Presidential and vice-presidential candidates must be natural-born citizens, while congressional candidates need only be naturalized. D. Who Runs? While there are few restrictions on being a candidate, most candidates are not demographically representative of the general population. Traditionally, the overwhelming majority of candidates are white, male, and relatively well off. 1. Women as Candidates. In recent years, more women have run for office. Women are more likely to run for local and state offices, though the number of women elected to Congress recently has increased significantly (Fig. 9-1). 2. Lawyers as Candidates. A very large number of elected officials at all levels are lawyers. These professionals enjoy more flexible schedules and have careers that can be aided by serving in elected positions. The Twenty-First Century Campaign A. The Changing Campaign. Campaigning for public office has changed dramatically over the past forty years. In the years before most households had televisions, campaigning was personalized. Voters received information about a candidate from an individual, either from the candidate or a person who was working on behalf of the candidate or the party of the candidate. Campaigns today are often less personal, with voters receiving information through the media, usually in the form of advertising. In the recent decades campaigns have become less party-centered and more candidatecentered, particularly as fewer voters identify with the parties. Candidates typically form their own political organizations and rely less on the party organization for campaign support. B. The Professional Campaign. It is now commonplace for candidates even for local offices to hire consultants for their campaigns. Political consultants devise a campaign strategy that begins months before the general election. This strategy will include raising contributions, seeking endorsements of organized groups, arranging for the candidate to speak at meetings of organized groups, the formation of groups for grassroots neighborhood support, and an extensive advertising campaign. C. The Strategy of Winning. Given the winner-takes-all (or plurality) system in the U.S., a candidate’s strategists must cast a wide net to maximize their candidate’s chances of winning all the party supporters’ votes, most independent votes, and a few votes from the other party. 1. Candidate Visibility and Appeal. A key issue is the candidate’s name recognition. If the candidate is well known (most likely if the candidate is an incumbent), then the strategy will be to remind voters of the candidate’s accomplishments and to mobilize them to vote. If the candidate is unknown (if she or he is a challenger or a candidate for an open seat), then the strategy will be to get the candidate known to the voters. After this is accomplished, challengers frequently will opt to criticize the incumbent or his or her positions. If the candidate is an independent candidate, or from a third party, the strategy must also include a rationale for voters to abandon the major parties and to support the third party and its candidate. Typically, the major party candidates will label third party candidates as unworthy of consideration. 2. The Use of Opinion Polls. Polls are a major source of information for both the media and the candidates. Candidates for president and other major offices use private polls to finetune their campaign strategy. Tracking polls are conducted nearly every day as Election Day nears. 3. Focus Groups. Consultants may organize focus groups. This technique relies on fewer people than a poll, but goes into far greater depth. The focus group is led in a discussion of the candidate’s character and positions. An attempt is made to discern underlying emotions of the participants. III. Financing the Campaign The change in the structure of campaigning has created a greater dependence upon campaign contributions. As campaigns have focused on advertising through the media to reach voters, the cost of campaigning has increased dramatically. Over $3.5 billion was spent at all levels of campaigning in the 2003-2004 election cycle, and total spending is likely to reach unprecedented heights during the 20072008 election cycle. Candidates without the ability to raise large sums of money for their campaign war chests have little chance of winning. A. Regulating Campaign Financing. The first attempts to control campaign financing were legislated in 1925 and 1939. The 1925 corrupt practices acts were ineffective. The Hatch Act of 1939 was not much more effective. (The Hatch Act also restricted the political activities of government employees, and it was very effective at accomplishing that.) B. The Federal Election Campaign Act. The Federal Election Campaign Act (FECA) of 1971 replaced all previous legislation. It attempted to limit spending on advertising and required disclosure on contributions of over $100. In principle, unions and corporations were limited in their campaign roles. The FECA also created the voluntary income-tax check-off for contributing to presidential campaigns. 1. Further Reforms in 1974. With its amendments to FECA, Congress: • Created the Federal Election Commission (FEC), charged with overseeing the enforcement of federal election campaign law. • Provided for public funding of presidential primaries and general elections. • Limited presidential campaign spending for those who accept public funding. • Placed limitations on contributions. Individuals could contribute $1,000 per candidate per election, with a maximum total of $25,000. Groups are limited to $5,000 per candidate per election. (Some of these limits would change in 2002; see below.) • Required disclosure of the source of contributions and for what the expenditures were spent. 2. Buckley v. Valeo. The 1971 act had placed limits on how much money a candidate could spend on his or her own campaign. In 1976, the Supreme Court ruled that this provision was unconstitutional. C. PACs and Political Campaigns. Political Action Committees (PACs) are set up to represent a corporation, a labor union, or an interest group. They raise money and provide candidates with contributions. 1. Laws Governing PACs. To be legitimate, a federal PAC must obtain donations from a minimum of 50 people and contribute to at least five candidates in a federal election. PACs can contribute up to $5000 to each candidate in each election. Corporate PACs obtain funds from executives and managers in their firms, and union PACs obtain funds from their members. 2. PACs and Campaign Financing. The number of PACs registered with the FEC has increased significantly since 1976. The amount of money being contributed to campaigns by PACs also has increased significantly, and incumbents receive the lion’s share of contributions. D. Campaign Financing Beyond the Limits. Within a few years after the establishment of tight limits on contributions, new means were developed that skirted the reforms. 1. Contributions to Political Parties. The legislation of 1971 and 1974 placed no restrictions on money given to parties for voter registration, general publicity about a party’s positions, and the national conventions. Contributions for such purposes were called “soft money.” 2. Independent Expenditures. It was soon discovered that it was legal to make independent expenditures that were not coordinated with the candidates’ campaigns. 3. Issue Advocacy. A major tactic is for interest groups to buy advertising that advocates positions on issues and either attack or praise candidates on the basis of the issues. As long as no candidates are actually endorsed, the tactic is legal. E. The Bipartisan Campaign Reform Act of 2002 1. Key Elements of the New Law. The act banned soft money contributions to the national party committees. It also placed limitations on issue advocacy advertisements and increased the individual contribution limit to $2000 (from $1000). 2. Challenges to the 2002 Act. Almost immediately, groups negatively affected challenged the constitutionality of the Act. In December, 2003, the Supreme Court upheld almost the entire Act. Wisconsin Right to Life argued that the 2002 act infringed on legitimate grassroots lobbying, and in 2006 the Supreme Court allowed their challenge to go back to court. 3. The Roberts Court and Campaign Financing. The Roberts Court showed skepticism concerning the constitutionality of campaign-financed regulation in a case decided in June 2008. The Court concluded that the “millionaire’s amendment” was unconstitutional. 4. The Rise of the 527s. These loopholes prompted interest groups to form “527” organizations, tax-exempt organizations that rely on soft money contributions and focus on voter registration and running issue ads. More than $600 million was spent by 527s in the 2003-2004 election cycle. F. Campaign Financing and the 2006 Elections. The 2006 campaigns set a record for political spending because of so many closely contested issues and races. The total spending, about $3.1 billion, was estimated to be almost twice that spent in the 2002 midterm election. IV. Running for President: The Longest Campaign The American presidential election is the culmination of two different campaigns: the primary and the final campaign following the party’s national convention. Traditionally, both campaigns took place during the first ten months of an election year. Increasing, though, the states are holding their primaries earlier in the year. The first primary election was held in Wisconsin in 1903. It was a way to open up the process to the ordinary voter and reduce the power of political “bosses.” Until 1968, however, only a minority of states had binding primaries. Some primaries were “beauty contests” that did not actually select delegates. A. Reforming the Primaries. After riots outside the 1968 Democratic Convention, the party created the McGovern-Fraser Commission to recommend reforms. Under the new rules, delegates had to be chosen by primaries, open caucuses, or elected state conventions, and not by party leaders. In 1984, however, elected officials re-won the right to attend conventions as voting superdelegates. The Republicans also instituted most of these reforms. B. Primaries and Caucuses. The most common types of primary elections are as follows: 1. Proportional and Winner-Take-All Primaries. Proportional primaries are used to elect delegates to the national conventions of the two major parties. However, most primaries are winnertake-all. During the 2008 Democratic primary season, neither candidate actually accumulated enough delegates to win and the nomination had to be settled by superdelegates. If they had used the winner-take-all system, Hillary Clinton would have been the Democratic candidate. 2. Open Primary. Voters are restricted to voting for candidates of one party. The voter selects which party primary to participate in at the voting booth. 3. Blanket Primary. Voters may participate in the primaries of both political parties. In 2000, the Supreme Court ruled the California blanket primary unconstitutional. 4. Runoff Primary. In some states, if no candidate receives an absolute majority in a primary, a second primary is held between the top two contenders 5. Conventions. The Virginia Republican Party chose its 2008 candidate for the U.S. Senate at its state convention. 6. Caucuses. Twelve states relied entirely on the caucus/convention system. C. Front-Loading the Primaries. Each state determines the date for its primary or caucus. 1. The Rush to Be First. Because early primaries are more influential, states have competed to schedule their primaries as early as possible (key concept: front-loading). 2. The National Parties Try to Regain Control of the Process. The parties adopted rules to prohibit states from holding primaries and caucuses before February 5th to cut down on front-loading. 3. The Unintended Consequences of Early Primaries. Serious candidates have to start their campaigns earlier than in the past. Also, the primary season is very short. This means that only those candidates with the largest war chests can survive in the race and that voters will have less time to become acquainted with the candidates and their positions. 4. Are Regional Primaries the Solution? A private commission proposed a plan to eliminate the state primaries and hold four regional presidential primaries. These would be held at monthly intervals with the order of regions rotated every four years. Each state, then, would have a chance to be among the first states to hold primary elections. D. On to the National Convention. Each state sends delegates to the national convention for each party. The number of delegates a state receives is roughly in proportion to the population of the state, with extra delegates if the party’s candidate carried the state in the last presidential election. 1. Seating the Delegates. A credentials committee approves all delegates. This is usually not controversial but there have been disputed delegations in the past. 2. Convention Activities. The highlight of the convention is the nomination of the presidential candidate. Because the identity of the nominee is a foregone conclusion, the TV networks have drastically curtailed their coverage of the conventions in recent years. E. The Electoral College. The electoral college is set forth in the Constitution, in Article II, Section 1; Amendment XII; and Amendment XXIII. Voters who participate in presidential elections are not truly voting for a presidential candidate, but rather for a slate of party electors who then vote for that party’s candidate. 1. The Choice of Electors. Each state chooses its electors in accordance with that state’s law. A state receives electors equal in number to the number of representatives and senators the state has at the time of the election. The District of Columbia also chooses three electors. Currently there are a total of 538 electors. For a candidate to be elected president, he or she must win a minimum of 270 electoral votes. 2. The Electors’ Commitment. In all but two states, there is the winner-take-all system. That is, if a candidate receives a plurality of the votes cast he or she wins all of the electoral votes from the state. This is the unit rule. Electors are pledged but not constitutionally required to vote for their party candidate. Electors vote on the first Monday after the second Wednesday in December in their state’s capital. 3. Criticisms of the Electoral College. As a result of the unit rule, presidential candidates often ignore states where the result is not in doubt. Also, in four different elections (including 2000), the presidential candidate who received a plurality of the popular vote did not receive a majority of the electoral vote. There have been numerous arguments against the electoral college, including the above. Additionally, it can be argued that small states are overlooked in campaigns because of their low electoral vote count or, paradoxically, that small states are given too much weight by being granted three electoral votes despite their size. To change how the president is elected, however, an amendment to the Constitution would have to be proposed and V. ratified. Such an amendment is not likely to pass. The unit rule, however, could be altered by national legislation. 4. Proposals to Reform the Electoral College. Abolishing the Electoral College would take a constitutional amendment and this is not likely to happen. The National Popular Vote Movement advocates an end-run around the Electoral College by the states. How Are Elections Conducted? All states have used a secret, or Australian, ballot since 1888. But while every state uses a secret ballot, not all states’ ballots are the same style. A. Office-Block and Party-Column Ballots. The office-block (or Massachusetts) ballot groups candidates for elective office together under the title of the office. The office-block ballot discourages straight-ticket voting. States that use the party-column (or Indiana) ballot list candidates in columns arranged by political parties. This type of ballot makes voting for all candidates of one party easier. In general elections where a president or a governor is elected, voters who are not knowledgeable about candidates for lower offices may be swayed to support candidates of the same party as the president or governor. This is referred to as the coattail effect. B. Voting by Mail. Increasingly, voting by mail has been used in the states. This has been done to make it easier for people to vote. Oregon is the only state in which all votes are cast by mail. C. Vote Fraud and Mistakes. Voting fraud is regularly suspected but seldom proved. Fraud was probably more of a problem in the historical past. 1. The Danger of Fraud. Failure to purge the electoral rolls of voters who have died or moved opens up possibilities of fraud. 2. Mistakes by Voting Officials. On the other hand, in some locales voting officials have purged many legitimate voters from the rolls by mistake. The victims of this kind of action are largely African Americans. 3. Voter ID Requirements. Many states are adopting laws requiring proof of identity before voters can cast their ballots. 4. Reforming the Voting Process. Outdated or malfunctioning voting equipment and questionable practices at some polling places have raised questions about the accuracy of vote counts. The Help America Vote Act of 2002 provided funds to reform the system by replacing outdated equipment, creating statewide computerized voter lists, issuing provisional ballots in certain circumstances, and increasing access to polling places for disabled voters. VI. Turning Out to Vote In 2008, the number of people in the voting-age population was about 228.4 million people. Voter turnout in the United States is low compared with other countries. In congressional elections in years when a president is not elected, the turnout rates are lower. Turnout rates are even lower still for most local elections. A. The Effect of Low Voter Turnout. Some observers believe that low turnout reflects a dangerous disaffection with our political system. Others believe that nonvoting means satisfaction with the status quo. B. Is Voter Turnout Declining? The voting-age population is not quite the same as the population that is eligible to vote. The former count includes noncitizens and ineligible ex-felons and does not include overseas citizens (who can vote absentee). Correcting for eligibility, the turnout in 2004 was actually 58.8 percent. It may be possible to entirely explain recent declines in voter participation (as measured by the voting-age population) by an increase in immigration. C. Factors Influencing Who Votes. The decision to vote appears to be influenced by the following factors: • Age. Individuals who are older are more likely to vote. • Educational attainment. Individuals who have more formal schooling are more likely to vote. • Minority status. Despite a decreasing gap, African Americans are still less likely to vote than whites. Turnout for Hispanics and Asian Americans is low because many are not yet citizens. • Income level. Individuals who have higher incomes are more likely to vote. • Two-party competition. States that have two strong parties, as opposed to one strong and one weak party, tend to have higher voter participation. D. Why People Do Not Vote. There are several explanations why people do not vote. 1. Uninformative Media Coverage and Negative Campaigning. This theory says that voters are not given the kind of information that would provide an incentive for them to vote. For example, a 2006 study found that more than two-thirds of nonvoters cited a lack of information about the candidates as one of their reasons for not voting. Many voters are also turned off by the negativism of campaigns. 2. The Rational Ignorance Effect. Key concept: the rational ignorance effect, which states that many individuals rationally calculate that their vote is not important and that the effort to seek information to cast an informed vote is not worthwhile. One explanation for those who do vote is that they receive personal satisfaction from voting—it makes them feel they are fulfilling their duty as citizens. 3. Plans for Improved Voter Turnout. Mail-in voting, Internet voting, registering to vote when you apply for a driver’s license, and same-day voter registration are all ideas that have been suggested or implemented. Other ideas include greater use of absentee ballots and early voting as well as declaring Election Day a national holiday. VII. Legal Restrictions on Voting A. Historical Restrictions. 1. Property Requirements. By the 1850s, individuals who did not own land were allowed to participate in most states. 2. Further Extensions of the Franchise. In 1870 African Americans were granted the right to vote, though obstacles to their participation remained until the Voting Rights Act of 1965. By 1920 women were granted suffrage. The last major extension of suffrage occurred in 1971 when the voting age was lowered from 21 to 18. 3. Is the Franchise Still Too Restrictive? The principal argument is over ex-felons who have served their sentences but are barred from voting, often for life. Most other democracies do not impose this rule and not all U.S. states have it. This restriction alters the shape of the electorate because ex-felons are often members of minority groups, poor, or both. B. Current Eligibility and Registration Requirements. In most states, in order to participate in the electoral process an individual must complete a registration process. While this process varies from state to state, it is considered important to prevent voter fraud. Some have argued that the registration process is too complicated and therefore reduces the number of people who vote. In 1995, Congress passed a bill that allows individuals to complete the registration process when they apply for a driver’s license, assuming they are at least 18 years of age. It is now considerably easier for citizens to register. C. Extension of the Voting Rights Act. The Voting Rights Act of 1965 was extended in 2006. Certain amendments were also clarified, including two measures concerning discrimination at the polls: first, the attorney general is empowered to appoint federal observers if there is evidence of intimidation of minority voters and second, any new voting practices or procedures enacted by districts with histories of discrimination must first pass muster with the U.S. Justice Department. VIII. The Media and Politics There are at least six functions of the media identified in the United States, and almost all of them can have political implications. A. Entertainment. The bulk of radio and television hours are, by far, devoted to entertaining the audience and though this is not directly linked to politics, the subject matter of programming can often stimulate thought and discussion. B. Reporting the News. The media provide words, pictures, and opinions about events, people, and ideas. C. Identifying Public Problems. The media also reveal what the government ought to be doing; in this way, they help to set the public agenda. There is a long journalistic tradition in America of investigative reporting. D. Socializing New Generations. By presenting the history, culture, and diversity of regions and groups of people in America, the media teach young people and immigrants what it means to be American. The Internet is taking on a larger role in socialization. E. Providing a Political Forum. This is an extension of the news function. Candidates and officeholders can present information on their positions or showcase their leadership abilities. The public can be involved through letters to the editor, televised editorials, or electronic communications. F. Making Profits. Profits come from advertising revenues, which are usually directly related to circulation or viewer/listener ratings. IX. The Primacy of Television A. The Increase in News-Type Programming. By 2007, networks will devote about three hours each day to news-type programming, up from 11 minutes daily in 1963. B. Television’s Influence on the Political Process. Television, by nature, focuses on the visual and so the pictures or video chosen for news reports can veer towards the dramatic. Additionally, critics charge that the media is pressured to produce news with a “plot.” Time is short, and the news media are often satisfied with sound bites crafted for immediate impact on the viewer. The constraints of television can, some say, unduly influence political events. 1. The Impact of Video. Sound bites or bits of video can be used to exaggerate the importance of an event by the news media. 2. Cable News Channels. 24 hour news channels have changed the way political leaders X. address crises. The Media and Political Campaigns All forms of the media have a significant political impact on American society. Almost all national political figures plan every public appearance and statement to attract media coverage. A. Television Coverage. Because of the primacy of television, campaign strategists make wide use of three types of TV coverage: political and negative advertising, news coverage management, and campaign debates. 1. Political Advertising. Broadcast TV still dominates media spending during campaigns, and the amounts spent continue to rise. In addition to typical print ads, online advertising has been on the rise. 2. Negative Advertising. The “daisy girl” ad, from Lyndon Johnson, was groundbreaking in political advertising; since then, negative advertising has come into its own. The public claims to dislike negative ads, but as one consultant put it, “Negative advertising works.” 3. Management of News Coverage. It is important that a candidate’s news coverage be favorable and accurate. Staffers arrange events that are both photogenic and interesting enough to make the news. Key concept: spin, and the spin doctors who advocate for certain interpretations of events. 4. Going for the Knockout Punch—Televised Presidential Debates. Challengers have much to gain in debates; incumbents are reluctant to meet challengers in debate, since it puts those challengers on equal footing and represents them as viable officeholders. Debates are expected and anticipated, and the public can be influenced by the outcomes. B. The Internet, Blogging, and Podcasting. The Internet has become an important vehicle for campaign advertising and news coverage. Candidates have also begun to raise substantial funds online, with some arguing that the ability to raise money quickly and easily using the Internet will ultimately level the playing field for candidates. 1. Blogging. Through their official websites, some candidates keep blogs. More influential, however, are the independent political blogs that address campaign issues and, in some cases, break legitimate news. Blogs and podcasting (below) threaten the mainstream media because they can be cheap, specialized, entertaining, and unapologetically political. 2. Podcasting. Podcasting, essentially a spoken blog, has spread extremely quickly and will likely gain broader participation and influence. 3. Are Candidates Losing Control of Their Campaigns? The Internet is threatening to make it difficult, if not impossible, for campaigns to manage their news coverage. Short video clips of candidates’ bloopers and embarrassing remarks can be propagated with lightning speed over the Internet. “Netroots” supporters may also engage in campaigning that is at odds with the candidate’s own agenda or campaign ethics. XI. Government Regulation of the Media Many aspects of media regulation were covered in Chapter 4, with the examination of the First Amendment. Recall that the Federal Communications Commission (FCC) regulates communications by radio, television, wire, and cable. A. Controlling Ownership of the Media. When Congress passed the Telecommunications Act in 1996, it not only opened up the market for telecommunication services to competitors, but also cleared the way for large corporations (like Time Warner) to control media ownership. 1. Media Conglomerates. A single entity may own a chain of media from top to bottom: the television network, the studio that produces shows for that network, and the means to deliver that content via cable, satellite, or the Internet. 2. Increased Media Concentration. The FCC stipulates that one conglomerate cannot exceed a certain “audience-reach cap,” and Congress has pushed their limit to 40 percent. A corporation can still own up to three television stations in its largest market, a situation that has led to the disappearance of localism in the news and might, by some accounts, lead to a decline in democratic debate. B. Government Control of Content. Though the First Amendment would seem to apply to all media, the Supreme Court has been slower to extend free speech and free press guarantees to new media. 1. Control of Broadcasting. The Supreme Court has never extended the full protection of the First Amendment to radio and television. The FCC, therefore, has the authority to assess fines for indecency and profanity. 2. The Government’s Attempt to Control the Media during the War on Terrorism. In the wake of September 11, 2001, the government has called more information “secret” and restricted access to certain documents in the name of national security. C. Bias in the Media. Many Americans believe the mainstream media has a liberal bias. The rise of the blogosphere and other online outlets has complicated the picture of media bias. XII. Features A. What if …….No Limits were Placed on Campaign Contributions? In the early 1990s, a typical presidential primary campaign required about $20 million. During the 2008 campaign, Barack Obama raised over $235 million by the end of March. One set of campaign reforms after another have tried to “take money out of politics” but they have been full of loopholes. B. Elections 2008. Campaign Financing and the 2008 Elections. C. Which Side Are You On? Are Stiff Voter ID Laws a Good Thing? Almost all states require that voters show some type of ID and Indiana requires proof in the form of a government–issued photographic ID at every election. D. Politics and Voting. Are Voter Choices Rational? Voter’s emotional responses to candidates may be more important than rational responses to the candidates’ positions in determining how people will vote. Specialists show that emotion rules after reason, which is why strong partisan beliefs that are emotionally tied are extremely hard to change. E. Elections 2008. The Media and the 2008 Elections. Although leading Republicans in Congress believed the party’s reverses were attributed to the abandonment of traditional conservative principles, it was most likely because of the disapproval of the war in Iraq. F. Politics and the Cypersphere. Private Companies Try to Regulate the Web. Although federal and state governments generally support unregulated information on the Internet, some major telecommunication companies, such as Verizon and AT&T, do not. Telecommunication companies reserve the right to censor textmessaging but cannot interfere with anything people say with their voice. G. Why Should You Care About the Media? In order to be sure you are voting for the candidate that supports what you believe, you need to obtain accurate information from the media. Critics of the media believe that a substantial amount of what we hear and read is colored by the editors, producers, or by the demands of profit makers. 
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