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About this Blog

During the semester, I shall post course material and students will comment on it. Students are also free to comment on any aspect of American politics, either current or historical. There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges. This blog is on the open Internet, so post nothing that you would not want a potential employer to see. Syllabus: http://gov20h.blogspot.com/2023/08/draft-introduction-to-american-politics.html

Monday, October 31, 2011

Civil Liberties and the Bill of Rights

Finishing public policy:
Hamilton on bills of rights (Federalist 84):

I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.
The evolution of the Bill of Rights:


The Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

---------------------------------

Civil War Amendments

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.



Saturday, October 29, 2011

Through Hell and High Water (albeit in frozen form)

As heavy storms hit the Northeast, protesters in the occupy Wall Street movement face snow and freezing temperatures. Although the movement shows signs of slowing down, dedicated members continue to camp out despite severe weather conditions. Some have even turned the weather into a tool for protest, unifying and motivating the movement.
Do you think the movement will survive the winter? Would you be willing to pitch a tent in 10 inches of snow to try and make change?

Friday, October 28, 2011

Thursday, October 27, 2011

Economic Forecasts and Elections

See:
Current data at the Bureau of Economic Analysis

Make Room for Pizza

At The New York Times FiveThirtyEight blog, Nate Silver writes that there is an unprecedented gap between Herman Cain's campaign fundamentals (money, organization, endorsements) and his standing in the polls:
Most of you, however, are interested in what will happen to Mr. Cain from here on out — can he actually win? What is an analyst to do when he encounters an outlier like this?

Well, I don’t know what he should do. This gets at something of the distinction that the economist Frank H. Knight once made between risk and uncertainty. To boil Mr. Knight’s complicated thesis down into a sentence: risk, essentially, is measurable whereas uncertainty is not measurable.

In Mr. Cain’s case, I think we are dealing with an instance where there is considerable uncertainty. Not only do I not know how I would go about estimating the likelihood that Mr. Cain will win the Republican nomination —I’m not sure that there is a good way to do so at all.

But I do know what an analyst should not do: he should not use terms like “never” and “no chance” when applied to Mr. Cain’s chances of winning the nomination, as many analysts have.
I think a Cain victory is highly unlikely, but not impossible, which is why I am promising pizza instead of gold bullion. I like Cain, so I would be in a good mood anyway. :-)


Wednesday, October 26, 2011

Imagine All the Pizza

"If Herman Cain is elected president of the United States, I will personally buy each person in this room a pizza." - John J. Pitney (October 26, 2011)

Looks like we're getting pizza.

“Could a woman taking the morning after pill be charged with murder?”

Regarding The New York Times’ “Push for ‘Personhood’ Amendments Represent New Tack In Abortion Fight”

In less than two weeks, the State of Mississippi will vote on Proposition 26. This measure seeks to alter the state constitution by extending the legal rights of a person to a fertilized egg.

If adopted, Proposition 26 would not only make all forms of abortion illegal, but it would also outlaw certain forms of birth control (including the morning after pill).

Personhood USA, an interest group that tried, but failed, to pass similar legislation in Colorado found Mississippi to be more receptive considering that the state only has one clinic that performs abortions.

Proposition 26 has spurred debate and is causing a rift between Pro-Life groups. Personhood USA has hopes that the adoption of Proposition 26 might eventually overturn Roe V. Wade. Other Pro-Life groups see the state amendment as potentially detrimental to federal anti-abortion legislation, because it could result in a more extreme pro-abortion policy.

Public Policy and Federalism

The Constitution and Federalism







Third Assignment

Pick one of the following:

1. Pick any 5-4 decision in the Supreme Court. Explain the outcome. Could the losing side have done something to win? In your answer, consider the briefs and oral arguments, available at http://www.oyez.org/. You might also consult law review articles.

2. Pick one of the following debate chapters in Ellis: 3 (national initiative), 6 (electoral college), 7 (proportional representation), 16 (“emergency constitution”), 17 (noncitizen voting). Argue for one side or the other. In your essay, do not merely restate material from the book: introduce new arguments and information.

3. Assume that President Obama and Vice President Biden are the Democratic nominees in 2012. Make and explain plausible guesses about the GOP’s presidential and vice presidential nominees. Then make your best guess about the popular and electoral vote. Go to http://www.270towin.com and project how each state will vote. Print your map and attach it to the paper. (It will not count against the page limit.) In your essay, take account of voting history, current polls, and forecasting models.

Whichever essay you choose, do research to back up your analysis.

  • Essays should be typed, stapled, double-spaced, and no more than six pages long. I will not read past the sixth page.
  • Put your name on a cover sheet. Do not identify yourself on the text pages.
  • Cite your sources with endnotes, which should be in a standard style (e.g., Turabian or Chicago Manual of Style). Endnote pages and appendices (e.g., the chart of your “Midterm Madness” picks) do not count against the page limit.
  • Watch your spelling, grammar, diction, and punctuation. Errors will count against you.
  • Return essays to my office by noon on Friday, November 11. (Yes, you have two additional days.) Essays will drop one gradepoint for one day’s lateness, a letter grade after that. I will grant no extensions except for illness or emergency

Tuesday, October 25, 2011

Another Democratic Experiment

Though I know that this isn't really related to US Government, I thought that this paper was an interesting examination of another group of early democrats: Pirates! Not the Somali ones, straight up Capt. Jack Sparrow Pirates.

It turns out that pirates had a highly sophisticated, democratically elected constitutional dual-executive system. Each ship or fleet had "Articles of Agreement" which laid out the organizational structure of the ship. Each crew elected a captain and a quartermaster by popular vote. Captains were in charge of military decisions and in times of crisis, and their authority was absolute during battle or chase. However, quartermasters decided matters of discipline, resolved disputes and distributed loot and rations. Either officer could be replaced by popular vote at any time, and would step down to become a normal crew member. These officers did not enjoy any extra benefits from their duties, except extra shares of loot.

A ship's Articles of Agreement also provided punishments for crimes, including theft, keeping women on board the ship, gambling or desertion. These punishments ranged from lashes to mutilation to marooning or execution. Pirates also had a common fund for those who were wounded, giving a fixed sum of money or slaves to any pirate who lost a given limb or was crippled. Bonuses were also provided for pirates who showed exceptional skill, valor or helped the crew especially in some way. These bonuses, safety nets and potential for promotion provided incentives for pirates to work harder and prove their abilities.

Given the popular paradigm of pirates as lawless, immoral, ruthless scallywags, their system of governance was considerably more sophisticated than the other methods of keeping order on ships, or indeed many of the actual governments at the time. Some food for thought for a bunch of Gov nerds!

Monday, October 24, 2011

"The America Issue"

What ails America? Arguments vary: cash and confidence, education, presidential term limits, etc. Though these authors all write about different problems, they do have a unifying theme. There is always a problem. Some go as far as to compare America with the Ottoman Empire in its decline. Hillary Clinton, on the other hand, argues that America is not ailed but rather at a pivot point. If the right decisions are made right now, namely, deep and consistent involvement in Asia, then in ten years from now America will be at the heart of things.

Who's right? This is not the first time America has been attacked. After Vietnam, during the Great Depression, and in many other cases people were convinced that America was nearing the end of her dominant reign in world politics and as a world authority. Is this another false alarm or is America finally plummeting?

Federalism -- a First Cut



The effectiveness of social media

Social media has recently taken hold of the political scene. In the campaign of 2008, Obama used social media to great advantage over the Republicans, wielding facebook, twitter, youtube, and more to garner attention and attract young voters. In Egypt, social media was used to organize a rebellion. It has been instrumental in the "Occupy Wall Street" movement, and also a means to lobby legislators. Republicans have cottoned on to the idea and now have twitter and blogging experts on their staff who spend their time fact-checking and tweeting about political statements, making what happens in the White House and in Congress instantly accessible and debatable.

But is social media effective? Facebook groups reach out to young voters (an oxymoron of sorts) but barely reach the larger voting public. Despite Obama's heavy use of social media outlets, there was only a 2% increase in young voters between the 2004 and 2008 elections, and older voters stayed fairly consistent. (This could also be due to other factors.) Young voters (between ages 18 and 24) constitute barely a tenth of voters, yet account for almost a fifth of nonvoters. (Data from U.S. Census Bureau reports from 2004 and 2008)

Social media is good at organizing people, planning events, and getting out a message. But does it change anything on voting day?



Wednesday, October 19, 2011

Some serious and light news

       For the serious news, the Wall Street Journal notes that this year the US will have the second largest deficit in its history.  The Journal asks, in a moment of levity, "Is it rude to mention this?" as the "CBO says that overall outlays rose 4.2% from 2010 (1.8% adjusted for timing shifts), when spending fell slightly from 2009. Defense spending rose only 1.2% on a calendar-adjusted basis, and Medicaid only 0.9%, but Medicare spending rose 3.9% and interest payments by 16.7%."

A chart from the Journal:

In less depressing (at least according to my dark humor) news from the Journal:
         Lions, Tigers, and Bears, Oh My!"A rural area near Zanesville, Ohio, was turned into a killing zone Tuesday evening and Wednesday as authorities destroyed 48 exotic animals—including 12 lions, eight bears and 18 endangered Bengal tigers, after their owner released them and apparently took his own life." The last part isn't so funny, but overall, it is an interesting indicator of the world in which we live. To me it sounds almost as if it were from the Onion, not a real newspaper, but it is, in fact, true.

Would Savas Disagree with Placing a Cap on Contractor Salaries?

After reading Chapter 14 from Ellis and Nelson, I found this article from The New York Times particularly relevant.

Members of both the House and Senate are proposing to put in place a restriction on the salaries of private government contractors, limiting the federal salaries of top executives to $200,000. The aim of this legislation would be to decrease federal spending by limiting bonuses given to private companies who already benefit from engaging in business with the U.S. government.

Savas’ holds the opinion that the “forces and initiatives” present in the private sector are what accounts for efficiency. Would limiting these salaries ruin the purpose of outsourcing?

Bureaucracy and American Politics

Tocqueville on "The Sort of Despotism Democratic Nations Have to Fear"
It provides for their security, foresees and supplies their necessities, facilitates their pleasures, manages their principle concerns, directs their industry, makes rules for their testaments, and divides their inheritances. Why should it not entirely relieve them from the trouble of thinking and all the cares of living?…It covers the whole of social life with a network of petty, complicated rules that are both minute and uniform, through which even men of the greatest originality and the most vigorous temperament cannot force their heads above the crowd. It does not break men’s will, but softens, bends, and guides it; it seldom enjoins, but often inhibits, action; it does not destroy anything, but prevents much being born; it is not at all tyrannical, but it hinders, restrains, enervates, stifles, and stultifies so much that in the end each nation is no more than a flock of timid and hardworking animals with the government as its shepherd.
















Wednesday, October 12, 2011

Law and Judiciary II


Public opinion and the death penalty


Occupy Wall Street

Over the past few weeks, we've seen the rise of a new populist movement, in some ways the liberal answer to the Tea Party: Occupy Wall Street. On September 17, a group of activists began protesting in Liberty Plaza in NYC. They claimed to be taking a stand against corporate greed, social inequity and the power of money in politics. Some say that the group are aiming to take up the mantle of the Arab Spring and Green Revolution protests in the Middle East. The protests, perpetuated via Twitter and Facebook, have spread to over 70 U.S. cities.

The protests gained national focus during their second week, when protesters attempted to block traffic on the Brooklyn Bridge. Allegations of police brutality have arisen in New York and Boston more recently, garnering further media attention. GOP Presidential Candidates and FOX News have been quick to dismiss the protests as unfocused, un-American, borderline criminal and representing a small minority of Americans -- which liberal pundits were quick to point out that such allegations could be equally applied to the Tea Party.

The main flaw in the movement seems to be a lack of a coherent platform, though many argue that this actually provides strength to the movement. Given that the movement is only a few weeks old, it remains to be seen if it will have a lasting populist impact like the Tea Party, or will putter out after a few weeks. Either way, keep an eye on #OccupyWallStreet these next few weeks.

Monday, October 10, 2011

Tocqueville and Judicial shenanigans relating to health care... and everything else.

"Scarcely any question arises in the United States which does not become, sooner or later, a subject of judicial debate." -- Alexis de Tocqueville, Democracy in America (1835)
Health care. The question of "universality" is a hot issue in the political world and has generated a great deal of controversy across the ideological spectrum. However, just as Tocqueville stated in the 19th century, nearly all political questions eventually become judicial questions as well. The "individual mandate" provision of Obama's Patient Protection and Affordable Care Act mandates that most Americans purchase health insurance or face financial penalties, as a means of spreading health care costs. Is this provision unconstitutional? Will the Supreme court take on the issue? Will health care genuinely be reformed?

In the long run, according to Bill Mears, "The opportunity to rule on a landmark case like health care brings with it precedent-setting opportunities to either expand or deflate not only the power of Congress and the executive, but of the judiciary's own prestige and authority as well." What will be the impact on the three branches should the court take on the case?

Just some food for political thought.

Law and Judiciary I


Here is a concise guide to federal statutes.
After Congress passes law, the bureaucracy drafts rules:
Then the courts may act

Thursday, October 6, 2011

So Now What?

The Obama White House faced a sad day yesterday. Sarah Palin finally announced that she will not seek the presidency in 2012. Although Palin is not without credentials, she is a loose cannon who would provide a guaranteed win for Obama. Great leaders do not focus on destroying institutions; they focus on building them. Republicans have a right to rejoice.

But what about the rest of the bunch? A contributor to this article (who some of you may know) said the following:

Romney will probably pick up much of the money that would have gone to Christie. As for conservative primary voters who might have backed Palin, much will depend on the debates. Now that Cain seems to be entering the top tier,he can look forward to harder questions and tougher scrutiny. Perry needs to show that he can recover from his stumbles and put in a strong performance all the way to the last minute.

Advice to Romney: Remember that you need votes, not just money. Advice to Cain: Hit the briefing books. Advice to Perry: Chug some Red Bull.

If I were Mitt Romney, I would join the mourning in the Obama White House. If Palin were to run she would likely further fragment the Tea Party and evangelical voters, which would be a plus for Mitt. Rick Perry probably has a smug smile on his face, knowing that Palin will no longer detract from his base. Cain likely has his hopes up, thinking he has a shot at grabbing the votes of Palin followers.

Some people believe that Sarah Palin’s decision has a minimal effect on the 2012 election. What do you think: how does this decision change the political calculation among Republican candidates?

Monday, October 3, 2011

President v Congress Article

I found this article quite pertinent to our discussions about separation of powers between congress and the executive. The article is about President Obama's actions regarding the American Jobs Act, knowing that the bill will not pass in its entirety in the House.

A First Look at the Presidency

Article II

Kenyan Birth Certificate Generator. (The real birth certificate.)

LBJ takes the oath: look carefully, as it is a missal instead of a Bible.

The oath (sort of):




Lincoln's letter to Hodges on his oath.

Sunday, October 2, 2011

Politicians around the world and Andy Rooney

Here's a couple of items I think are worthy of being addressed:

-Back in class last Monday, we talked about how law is the preferred path for politicians in the US... however, I recalled that that isn't the case in every nation, as I read back in 2009 in this article from the Economist.
-Also, for any of you who watch 60 Minutes, tonight is Andy Rooney's last night, after 40+ years, and work in journalism going back at least to, if I recall correctly, the Stars and Stripes newspaper during World War II.  Here is a page from CBS which has highlights from his numerous essays on 60 Minutes.