Student course guide for voices in democracy 19 26

STUDENT COURSE GUIDE FOR VOICES
IN DEMOCRACY: UNITED STATES
GOVERNMENT THIRD EDITION 2006
ELECTION UPDATED
Review of lessons 19-26 by John

- Internet Connection required for embedded
videos
- Sources include Text book, Lesson
Book, videos and online research (for added
information)

LESSON 19 – DOMESTIC POLICY
 Lesson Video:
The episode begins with a discussion of how federal intervention in domestic
policy really began with the early 1930s depression in agriculture. The federal
government sets the domestic agenda- policy is formed, implemented, and
evaluated. The Freedom to Farm Act is used as an example of implementation.
Farmers now can choose what to grow on their land, but lose subsidies. It is
unsure what effect the Act will have on American agriculture. The government
also plays a role in labor policy, such as in the American Airlines strike, when
the President intervened to stop the strike under a law meant to protect
interstate commerce. The relative noninterference of government in labor is
shown by the UPS Teamsters strike. The impact of domestic policy on foreign
policy is depicted through the conflict between Canadian and American salmon
fishermen. Domestic policy-making is a delicate balance that affects many
different groups.

http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2019.%20Domestic%20Policy%20-%20134302.wmv

LESSON QUESTIONS & ANSWERS
Lesson 19 – Domestic
Policy

 Which of the following statements accurately
describes laissez-faire economics?

 The theory argues for a “hands-off” economic
policy.

 The 2001 tax cuts combined with a faltering
economy, ________________________.

 Turned the federal government’s budget surplus
into deficits.

 The following (3) steps must be taken by Congress
before federal funds may be spent:

 A budget resolution is passed to set overall
spending targets.
 An authorization to spend federal money is
adopted.
 An appropriations bill is passed to pay for the
spending that has been authorized.

 The following is responsible for controlling the
supply of money and the cost of availability of
credit:

 Federal Reserve Board

 One result of the Reagan program was that
_______________________________.

 Many social services were cut.

 A budget deficit is:

 The gap between government’s income and
outlays

 A federal tax on imports is a _______.

 Tariff

 The following (3) statements correctly describe
NAFTA:

 It is a trade agreement between
Mexico, Canada, and the United States.
 Labor bitterly opposed the agreement.

 Business generally supported the agreement.

 The aim of the Sherman Antitrust Act was to
_________________________________________
____________________.

 Encourage competition in business and prevent
the growth of monopolies.

 Charging that the computer software giant was
using its monopoly in personal computer operating
systems to gain competitive advantage in other
software fields, such as Internet browsers, in 1998
the Justice Department filed an antitrust suit against
___________.

 Microsoft

 A multi-interest, and often multinational, corporation
that may, under one roof, manufacture products
ranging from missiles to baby bottles is a
____________.

 Conglomerate

 In order to promote the general welfare, the federal
government fills the following (3) roles:

 Regulator
 Promoter

 Protector

 A crusader for auto safety who brought federal
legislation to bear and who prodded the automobile
industry to produce safer cars and to recall those
with suspected defects was _____ _____.

 Ralph Nader

 What do the Auto Safety Law, the Truth-in-
Packaging Law, and the Meat and Poultry
Inspection Law have in common?

 They are among the principal federal consumer
laws.

 The Social Security Act and amendments to it
provide for __________ _________, _______ ___
__________ _________ and _________.

 Disability Insurance
 Old-age and survivors insurance

 Medicare

 The federal law that established federally insured
loans for college students and established the
work-study programs was known as ___ _______
_____ ____ __ _____ (____ ______)

 The Higher Education Act of 1965 (Pell grants)

 The controversy surrounding the northern spotted
owl illustrates
_________________________________________
______________________________.

 The controversy that may develop when
environmental concerns affect employment.

 The controversial secretary of the interior in the
Regan administration who seemed to favor
development over environmental concerns was
______ _____.

 James Watt

 Where did a potential nuclear disaster take place in
the United States?

 Three Mile Island, Pennsylvania.

 After more than half a century of government
quotas and controls, the U.S. farmers themselves
can decide what to grow, due to
___________________________.

 A major overhaul in domestic farm policy.

 The legislation designed to move U.S. agriculture
from government dependence toward a free-market
approach is known as the 1996
__________________.

 Freedom to Farm Act

 The nation‘s farm policy used to protect farmers
through a program of government
______________________________________.

 subsidies that fluctuated with market prices.

 By invoking a seventy-year-old statute called the
Railway Labor Act, President Clinton intervened
because a strike threatened ________ _________

 interstate commerce.

ESSAY/PROBLEM QUESTIONS’
CHAPTER REVIEW
Lesson 19 – Domestic
Policy

 Economic theories and the government‘s role in the economy:
Capitalism

 The US operates predominately under an economic system of free enterprise, or
capitalism. Under capitalism, there is private ownership of the means of production. In
such a system, in its purest form, there is little room for government; people own private
property, either directly or as shareholders; and as consumers they participate in a free
marketplace that responds to the laws of supply and demand. In practice, however, the
United States has a mixed, or modified, free enterprise system in which both private
industry and government play important roles.
 The higher the federal, state, and local taxes a person pays, the less money he or she
will have to spend on consumer goods.
 If government fails to prevent a recession, the person may be out of work. If
government fails to prevent inflation, the dollar buys less and retired people living on
pensions and savings may find their fixed incomes inadequate.
 What the government does influences economic conditions; in turn, the state of the
economy affects government actions and policies.
 A change in the presidency often means a change in economic policy; the occupant of
the White House does not normally appoint economic advisers who are in sharp
disagreement with him.

Laissez-Faire Economics

 In French, laissez-faire means to ―leave alone‖. It describes a theory that an economic
system works best when free of government interference. Although the principles were
first developed in France, laissez-faire is associated with Adam Smith, the Scottish
economist and founder of the classical school of economics, and his book Wealth of
Nations, published in 1776.
 There are echoes of laissez-faire philosophy in modern politics—for example, when
House Republicans in 1995 sought to roll back government regulation of the workplace
and the environment. They believed that government had become too intrusive and
burdensome to business.

Keynesian Economics

 John Maynard Keynes (later Baron Keynes of Tilton) died in 1946, but was perhaps the
most influential economist of the 20th century. Keynes‘ views were just the opposite of
laissez-faire. He advocated government intervention in the marketplace. He argued that
when people didn‘t consume and invest enough to maintain national income at full
employment levels, government must step in and regulate the economy, primarily through
fiscal policy—by cutting taxes or increasing spending in the public sector, or both. In his
view, during an economic turndown if the government spent more than it took from taxes
and other revenues, the deficit that resulted was not bad, it was good. Thus, Keynes
argued that deficit spending by the government was necessary to combat a recession.
 In the mid-1990s, Bill Clinton (D), and the leaders of the Republican-controlled Congress
agreed publicly on the need to balance the budget. Their arguments were over how to do
so and how soon.
 Keynesian economists and their modern successors place major emphasis on fiscal
policy to guide the economy, although they also recognize the role of monetary
policy, the control of the supply of money and the supply of credit through the actions of
the Federal Reserve Board.

Supply-Side Economics

 Reagan and his advisers called for a program of federal tax and spending cuts to try to assure
growth without inflation and to end recessions in 1981, when he took office. At this time, the US
was experiencing severe inflation.
The theory was that inflation could be controlled by increasing the supply of goods. The
concept was called supply-side economics, an economic philosophy that advocates both tax
and budget cuts to increase incentives to produce in order to expand the total supply of the
nation's goods and services.
The money moving into the economy because of tax reductions, it was hoped, would be used
by industry to build new factories and machinery to provide jobs and growth. The benefits would
thus flow to the public, in theory. Supply-side economists attacked the Keynesian model of
the economy for Keynes‘ view that inflation is the result of too much demand—too many dollars
chasing after too few goods. The supply-siders argued that inflation is caused by a lack of
supply—not enough goods on the market. Thus, their solution was to cut taxes to encourage
greater production.
 Congress went with Reagan‘s program enacting extensive tax + spending cuts. Journalists
called the program ―Reaganomics‖. Government social services were cut or their rate of
increase reduced.
Economic conditions worsened. Unemployment reached 10.7 % in 1982, and 12 million people
were jobless. Government‘s budget deficits soared to multibillion-$ levels, partly because
Reagan increased defense spending.
Reduced income of poor, increased income of the rich. By 1984, economy began to boom and
Reagan was reelected.

Monetarism

 Some economists argue that the money supply—the quantity of money in circulation—is
the key to government regulation of the economy. Monetarists contend that the
government should confine its role in economic affairs to ensuring that the money
supply expands fast enough to accommodate economic growth. These theories are
identified with the “Chicago school” of economist, led by Milton Friedman of the
University of Chicago. Friedman argued that interest rates, which are one aspect of
monetary policy, and fiscal policy—taxes and spending—have little effect or importance.
He also argued that the money supply should be increased at a constant rate.
 Friedman received the Nobel Prize in 1976. His views won increasing, but by no means
universal, acceptance in the United States and abroad.
 In sum, in the more than six decades since the New Deal, the government has
advocated and carried out sharply differing economic theories. But during this
period, complex fiscal and monetary policies—even direct economic controls—have
not always avoided the twin evils of recession and inflation.

 Evaluate recent U.S. spending and borrowing policies using examples from contemporary
budget battles.

 A budget surplus is the amount of money available when the government‘s income is greater
than what it spends in a fiscal year. On the other hand, a deficit occurs when the government's
income is less than its outlays (spending).
 When the government runs at a deficit for many years, the amount of money it owes piles up.
The national debt is exactly what it sounds like—the total amount of money that the United
States owes to its creditors.
 In 1917 Congress passed a statutory debt limit, or ceiling, on government borrowing, which
limits the amount of debt the nation ma incur—but the limit has been revised upward many
times. Borrowing costs money.
 Congress passed a series of laws in an attempt to come to grips with the budget process and
the federal deficit. Budget, tax, and spending policies were uncoordinated, and sometimes
seemed to be moving in different directions; Congress sought to impose a structure and
coherence on the budget process. The Congressional Budget and Impoundment Act of
1974 established budget committees in the House and Senate and created a framework to use
in dealing with the president‘s budget. The Gramm-Rudman Acts of 1985 and 1987 were
congressional attempts to control spending and eliminate the deficit.
 The complicated Budget Enforcement Act of 1990 set limits on appropriations for
domestic, international, and defense programs. It put mandatory spending programs such as
Medicare on a ―pay-as-you-go‖ basis. These laws did not make much of a dent in the annual
federal deficit.
 Bush battled with deficit and went to war in Iraq. Clinton seemed better with the economy.

 Summarize the development of (1) social insurance programs, such as Social
Security, Medicare, and unemployment insurance and (2) public assistance
programs, such as the former AFDC and Medicaid, noting the components of each
program, the differences between the types of programs, and program
effectiveness an appropriateness.

 Social Security/Insurance:
The Social Security Act of 1935 and its later amendments provide for both social
insurance and public assistance programs. Social Security is ―a compulsory national
insurance program, financed by taxes on employers and employees. The insurance falls
into four categories: old-aged and survivors insurance, disability
insurance, Medicare, and unemployment insurance.‖
- As originally passed, Social Security payments provided only retirement benefits. In
1939 the program was expanded to provide payments to dependents and survivors of
workers covered by the system. And in 1956 it was expanded to include disabled
workers.
- Over the years, Congress has extended SS coverage to virtually all types of workers.
The system is financed by a SS tax levied equally on employers and employees.
- Inflation hits hardest those who lived on fixed incomes, such as retired workers who
depend on Social Security payments. Because of this, Congress has linked the benefits
to the cost of living; increases in the amounts paid out under the program are now as a
rule automatic.
Continued on next slide….


 Public Assistance
- ―A welfare program that distributes public funds to people who are poor‖.
- The Social Security Act of 1935 created three public assistance or ―welfare‖ programs:
old-age assistance; aid to the blind; and the largest program, known later as Air to
Families with Dependent Children (AFDC). The AFDC program was eliminated by the
1996 welfare reform law. It was replaced by Temporary Assistance for Needy Families
(TANF), which set limits on cash benefits of five years, and allowed states to set their
own shorter limits. TANF also required recipients to work after being on assistance for a
maximum of two years, and gave bonuses to states that reduced the number of out-of-
wedlock births.
- In 1950 a 4th program was added; aid to the permanently and totally disabled.
- In 1974 the Supplemental Security Income (SSI) program was established to provide
uniform federal benefits to needy aged, blind, and disabled people. SSI supplemented
Social Security payments to these recipients.
Continued on next slide….


 Entitlements (Entitlement Programs)
- Social Security is the largest of the various federal entitlement programs, which are
programs mandated by law and not subject to annual review by Congress or the
president.
- Social insurance programs that allocate federal funds to all people who meet the
conditions of the program. Social Security is the largest and most expensive entitlement
program. Because they are a form of mandatory spending, it is incredibly difficult to cut
funds to entitlement programs during the budgetary process.

 Freedom to Farm Act of 1996 vs. New Deal provisions for farmers

Freedom to Farm Act of 1996:
 Was designed to move United States Agriculture from government dependence toward a free
market approach. Proponents and Proponents agreed it would radically change the economic
landscape for the country‘s farm families.
 Main concerns that payments producers receive are what is referred to as decoupled –
independent of what the producer actually produces, independent of the market price.
 Payment is a fixed lump sum and they can grow whatever they want; they still get the same
payment.
 Represents the first major overhaul in domestic farm policy in more than 60 years.
 Philosophy in the US that industry‘s should stand on their own two feet.
 Senate Agriculture committee played a dramatic role in shaping this act.
 Safety net of subsides of been removed and were replaced with guaranteed annual payments that
will be phased out within a decade for farmers.
 Pulls the government out of agriculture.
 Benefits the larger farmer, but not smaller farmers since they don‘t have financial assets or desire
to expand.
 The changes will make US more competitive. Since its passage, it has had a significant on US
production. It has performed very well for producers compared to old farm policy.
 It will be survival of the fittest.

 Freedom to Farm Act of 1996 vs. New Deal provisions for farmers

New Deal:
 In 1996, Congress passed and President Clinton signed a major new law to assist farmers and
replace the program adopted during Franklin D. Roosevelt‘s New Deal that paid farmers not to
plant certain crops.
 The new law ended the Depression-era subsidies that were paid to farmers when prices for farm
products dropped below certain levels. Instead, the law guaranteed farmers fixed annual
payments, regardless of the prices of farm products.
 No longer did Washington have power to tell farmers what crops to plant, or to leave some land
unplanted. Farmers themselves could decide what to plant. The legislation also phased out dairy
price supports over four years.
 The new farm law marked a victory for the Republican Congress elected in 1994, since it moved
farming away from many government controls and toward a free market approach. At the same
time, it provided an estimated $56 billion to farmers over seven years. A farm bill signed into law in
2002 continued the fixed payments but reinstituted payments to farmers when prices of farm
products dropped below certain levels.
 Because the nations‘ 3 million farmers sometimes produce more than they can sell profitably and
are often hostage to drought, floods or extreme cold, there were still enormous problems in
agriculture. The government‘s programs over many decades to aid farmers reflect not only the
political power of the farm belt, but also recognition by Washington of the responsibility of the
federal government to promote and assist a vital segment of the nation‘s economic life.

 Explain the ramifications of an airline’s threat to strike and the UPS
strike on domestic policy
 Analyze the pros and cons of U.S. labor policy and its effect on
domestic policy
Airline’s threat:
 Pilots at American Airlines threatened to walk off the job due to contract disputes.
 Clinton was able to invoke a 70 year old statute, Railway Labor Act, which allows government to
intervene/block when a strike threatens.
 Labor Management for most industries are overseen at the federal level by a five member
independent board: National Labor Relations Board (1935 created by Congress).
 The National Labor Relations Act or Wagner Act – in the middle trying to bring balance to serve the
best interest of both sides of a labor dispute.
 US Chamber of Commerce represents interest in policies affecting management, the AFL-CIO
(largest labor union in the country) as a vested interest in policies affecting workers.

UPS Strike:
 1997; The Teamsters Union strike idled over 180,000 workers, crippled delivery of packages
worldwide, & focused national attention on the dilemma of part-time workers.

US Labor Laws
Failed to catch up to market place today; need to be modernized;

 Identify the potential conflicts between groups involved in shaping domestic
policy.

 Fishing regulation – domestic policy concern, also has international
ramifications.
 Canadian Salmon that are raised go out and mix with Alaska
fish, Oregon, etc.
 Alaskans can’t avoid catching “Canadian” fish. Makes it difficult for
countries to harvest their own fish.
 Pacific Salmon treaty: Argument between U.S., Canada and native peoples
over who owns the fish off the North American coast. Overfishing, and
damage to environment were also problems. In 1985 all parties agreed to
stop overfishing and signed this treaty. Was successful for 12 years, until
1997 when each side set own fishing limits. New treaty was signed in 1999
(B.C. was absent from these meetings)
 It causes ripple effects on the economy.
 “The Buck Stops Here” – Harry Truman.
 Policies do, and should, change.
 - end of lesson 19.

Lesson 20 – Foreign Policy
American foreign policy used to be easily defined; whatever Communists were
for, we were against. With the fall of the Soviet Union and its satellites, America
must find a new central policy. The Gulf War was a new model of
involvement, with an international effort to protect interests in the Middle East.
New technology also affected the Gulf War. Both weaponry and media were
cutting-edge. Former Communist countries now become allies of the United
States. NATO's emergence as an alliance for all Europe caused some concern
both in Russia and in Congress, which was frightened of higher taxes. NATO's
purpose has become less to prevent war than to create peace in areas such as
Bosnia. Cuban exiles in Miami lobby the government for stricter rules against
Cuba. The Helms-Burton law angers other countries by threatening economic
retaliation if other countries trade with Cuba. Cubans, Irish (Irish National
Caucus), and Jews (American Israel PAC) are examples of ethnic and religious
groups that have formed strong interest groups to affect foreign affairs. Some
powers can have influence over America. The Pope's visit to Cuba led to
loosening of restrictions in both the island and America. It is important for
America to be engaged in the world, but our overall role in the world has yet to
be redefined from the Cold War.

• http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2020.%20Foreign%20Policy%20-%20134402.wmv

LESSON QUESTIONS &
ANSWERS

• The sum of the goals, decisions, and actions that govern
a nation‘s relations with the rest of the world is _______
_______.

• Foreign policy

• By deciding to join the United Nations after World War
II, the United States was adopting which form of foreign
policy?

• Internationalist
The war ended with the total victory of the Allies over
Germany and Japan in 1945. World War II altered the
political alignment and social structure of the world. The
United Nations (UN) organization was established to foster
international cooperation and prevent future conflicts. The
Soviet Union and the United States emerged as rival
superpowers, setting the stage for the Cold War, which
lasted for the next 46 years. Meanwhile, the influence of
European great powers started to decline, while the
decolonization of Asia and Africa began. Most countries
whose industries had been damaged moved towards
economic recovery. Political integration, especially in
Europe, emerged as an effort to stabilize postwar relations.

• The Truman Doctrine was based on which foreign policy
option?

• Containment

• Containment
Containment was a United States policy using military, economic, and diplomatic strategies to stall the spread of
communism, enhance America‘s security and influence abroad, and prevent a "domino effect". A component of
the Cold War, this policy was a response to a series of moves by the Soviet Union to enlarge communist
influence in Eastern Europe, China, Korea, and Vietnam. It represented a middle-ground position between
détente and rollback. The basis of the doctrine was articulated in a 1946 cable by U.S. diplomat George F.
Kennan. As a description of U.S. foreign policy, the word originated in a report Kennan submitted to U.S.
Defense Secretary James Forrestal in 1947, a report that was later used in a magazine article. It is a translation
of the French cordon sanitaire, used to describe Western policy toward the Soviet Union in the 1920s.

The word containment is associated most strongly with the policies of U.S. President Harry Truman (1945–
53), including the establishment of the North Atlantic Treaty Organization (NATO), a mutual defense pact.
Although President Dwight Eisenhower (1953–61) toyed with the rival doctrine of rollback, he refused to
intervene in the Hungarian Uprising of 1956. President Lyndon Johnson (1963–69) was firmly committed to
containment, forcing him to fight a war he did not want in Vietnam. President Richard Nixon (1969–74), working
with his top advisor Henry Kissinger, rejected containment in favor of friendly relations with the Soviet Union and
China; this détente, or relaxation of tensions, involved expanded trade and cultural contacts. President Jimmy
Carter (1976–81) emphasized human rights rather than anti-communism, but dropped détente and returned to
containment when the Soviets invaded Afghanistan in 1979. President Ronald Reagan (1981–89), denouncing
the Soviet state as an "evil empire", escalated the Cold War and promoted rollback in Nicaragua and
Afghanistan. Central programs begun under containment, including NATO and nuclear deterrence, remained in
effect even after the end of the Cold War in 1989 and the breakup of the Soviet Union in 1991.

• In conducting foreign policy, the president plays the
following 2 roles:

• Commander in chief
• Chief diplomat

• Congress has the following 3 constitutional powers:

• To Declare war
• To appropriate money for defense
• To raise and support armies

• ______________________ was created to advise the
president on the integration of domestic, foreign, and
military policies relating to national security.

• The National Security Council

• The CIA director is responsible for coordinating activities
with these other agencies:

• DIA – Defense Intelligence Agency
• FBI - Federal Bureau of Investigation
• NSA – The National Security Agency

• Lyndon Johnson‘s decision not to seek reelection to the
presidency in 1968 illustrates:

• that intense domestic reaction to foreign policy has a
great impact on government and the political fortunes
of public officials, including the president.

• Those who advocate a policy of avoiding foreign
involvement are said to be proponents of
______________.

• isolationism

• Domestic influence on foreign policy includes ________
_______.

• Interest groups

• Concerning the relationship between foreign policy and
defense policy, all of the following are true:

• Foreign policy and defense policy are intimately
linked.
• Ideally, foreign policy establishes the broad outlines
within which the defense establishment must work.
• The president must see that the generals serve the
president’s foreign policy goals rather than the other
way around.

• Which principle is deeply rooted in the Constitution and in
the traditions of the United States?

• The military establishment should be under civilian
control.

• The training of Special Forces in guerrilla warfare and
―counterinsurgency‖ occurred when the United States
adopted this defense strategy:

• Flexible response

• At the end of World War II, the world‘s two remaining
―superpowers‖ were:

• The Soviet Union
• The United States

• In January 1991, the U.S. military target was not
communist aggression but rather the protection of what?

• Middle East oil

• The Gulf War demonstrated that the U.S. military could be
used in a new way, even in the _______ ___ __ _______
_______.

• Absence of a communist threat

• In 1998, the North Atlantic Treaty Organization invited
three new countries to join the organization; the newly
invited countries had once been
_________________________________________.

• adversaries, allied with the former Soviet Union.

• The Clinton Administration had been involved with Ireland
by all of the following:

• Giving a U.S. visa to Gerry Adams, head of Sinn Fein.
• Mediating an IRA cease-fire
• Establishing peace talks and possible agreement.

ESSAY/PROBLEM QUESTIONS‘
CHAPTER REVIEW

• The Historical Setting

• A nation's foreign policy is rooted in its politics and in its past.
• One fundamental historical characteristic of American foreign policy is
"isolationism", a policy of avoiding foreign involvement.
• In 1823 the Monroe Doctrine warned European powers to keep out of the
Western Hemisphere, and pledged that the United States would do the same
for Europe.
• Isolationism was relative. The United States still fought wars with Mexico and
Great Britain, and took island possessions (Guam, Puerto Rico, etc.).
• "Interventionism" (military involvement) emerged at the end of the 19th
century. The country returned to isolationism after the First World War.
• "Internationalism", the policy of taking an active leadership role, emerged
after the Second World War.
• Relevant Presidents: Washington, Thomas Jefferson, President James
Monroe, President Woodrow Wilson,

• The Era of the Cold War
• Containment of the Soviet Union became policy during the Cold War. In Foreign
Affairs, George Kennan advocated "firm and vigilant containment of Russian
expansive tendencies," which was evidenced in the Truman Doctrine.
• The Truman Doctrine provided military aid to Greece and Turkey. The doctrine
declared that American security and world peace depended on U.S. protection.
• The Marshall Plan in 1947 spent more than $13 billion to rebuild Europe.
• The North Atlantic Treaty Organization (NATO) was formed in 1949. Members
pledged to defend each other against attack.
• During the Korean War (1950-1953), the United States became involved with war
in Asia.
• The Soviet Union acquired atomic weapons in 1949.
• The rising tide of nationalism brought independence to nations in Africa, Asia, and
the Middle East. It also led to an excessive form of patriotism that political leaders
may exploit to whip up one group against another, as seen under Serbian dictator
Slobodan Milosevic.
• Transnationalismhas also occurred-including such global activities as
trade, coalitions, and interactions across state boundaries that are not controlled
by the foreign policy organs of governments.

• Vietnam and Its Aftermath

• The United States moved into a vacuum created by French withdraw al from
Indochina.
• Eisenhower and Kennedy supported the South Vietnamese government, and
Kennedy sent troops as "advisers.―
• Johnson committed to full-scale war, and its unpopularity made him decide
against running for another term.
• For almost a decade, the Vietnam War cast a shadow over the quality of
American life. More than 47,000 Americans died in combat there in eight
years. More than a million Vietnamese were killed.
• One of the legacies of Vietnam is the reluctance of many Americans to
undertake another foreign venture that might embroil the United States in a
war.

• From Détente to the End of the Cold War
• Détente was the relaxation of tensions between the superpowers. It began in 1972, when Nixon
signed the Strategic Arms Limitation Talks (SALT) agreement and the Antiballistic Missile (ABM)
treaty.
• Jimmy Carter brought about the historic signing of a peace treaty between Israel and Egypt, and full
diplomatic relations with China in 1979. In 1989, the pro-democracy movement reached Tiananmen
Square, where Chinese students demonstrated for democracy.
• Through the CIA, the United States supported Afghan rebels fighting Soviet troops. By 1992, the
United States spent more than $2 billion to arm the rebels. In 1998, the Soviet troops withdrew and
civil war broke out in Afghanistan.
• In 1979, 52 Americans were held hostage at the American Embassy in Teheran, Iran, for 444
days, and were released when Reagan took the oath of office.
• Reagan and Gorbachev signed the first treaty to reduce the size of their nations' nuclear arsenals in
1987.
• During the 1980s, the United States pursued policies aimed at defeating forces in Nicaragua and El
Salvador that were supported, as President Reagan charged, by the Soviet Union and Cuba.
• Reagan was caught in the scandal of selling arms to Iran to free hostages in Lebanon, and used the
profits to support the contra rebels in Nicaragua, in spite of a Congressional ban against it. It created
a crisis for President George Bush in his 1988 presidential bid.
• Iraq's Saddam Hussein invaded Kuwait in 1990, but was driven out by United States military forces
in 1991.

• The Cold War Ends

• In the fall of 1989, democratic forces broke the grip of the Communist
dictatorships across Eastern Europe.
• In November, East Germany opened borders to the West. The Berlin
Wall came down.
• Mikhail Gorbachev unleashed glasnost and perestroika with
unexpected results.
• In 1991, a coup against Gorbachev failed, but he resigned four
months later. Several republics declared independence and Boris
Yeltsin rose to power.
• In February, 1992, Presidents Bush and Yeltsin declared the Cold War
was over.

• The Post-cold War World
• The Cold War is over, but ethnic and religious conflict continues.
• South Africa abandoned apartheid for democracy.
• The Middle East peace process, which culminated in a historic agreement
between Israel and the Palestinians in 1994, slowed after the assassination of
Israeli Prime Minister Yitzhak Rabin. In 1999, fighting broke out in Jerusalem, the
West Bank, and the Gaza Strip that continued through 2000.
• Yeltsin faced serious obstacles to imposing a free market economy-the war in
Chechnya, his health, and the emergence of economic buccaneers all led to the
increase in the gap between the rich and poor. He resigned in 1999.
• Yugoslavia posed another challenge to Clinton's foreign policy. Peace accords
were signed in 1995, and peacekeeping troops were dispatched.
• In 1999, Serbia invaded Kosovo, forcing ethnic Albanians to flee. U.S. airplanes
bombed Yugoslavia and forced President Milosevic to sign a peace agreement.
• By 2005, Americans were more aware that the U.S. was one nation in an
interdependent, multipolar world, with many competing centers of power.
• The threat of nuclear war remains. India and Pakistan, often in conflict, conducted
underground nuclear weapons tests.

• The President and Foreign Policy
• Kennedy said "the President bears the burden of the responsibility.―
• The roles of chief diplomat and commander in chief overlap.
• A large defense budget means less money for priorities at home. As one Senate
subcommittee noted: ―The boundary between foreign and domestic policy has
almost been erased‖.
• The president has the responsibility of deciding whether to use nuclear weapons.
The president's finger remains on the nuclear "button.―
• The president must choose among conflicting advice when making decisions.
Background, experience, and beliefs strongly influence his attitude toward foreign
affairs.
• President Nixon emphasized foreign policy and negotiations until Watergate
clouded his initiatives.
• President Reagan's anti-communist philosophy colored his rhetoric against the
Soviet Union. He took a strong stance against terrorists, yet sold arms to Iran to
persuade terrorists to release American hostages.
• Presidents have different leadership styles in dealing with foreign policy. Bill
Clinton was slow to exercise leadership in foreign affairs. George W. Bush moved
aggressively.

End of Lesson 20 – Foreign Policy

Lesson 21 – Global Politics

 Illustrates the interconnectedness of United States
foreign policy with events and institutions around
the world.
 "Global Politics" begins with a reading of the
charter of the United Nations. The efforts of the
United Nations in health
affairs, development, human rights, and
peacekeeping are discussed, and its general
structure (the General Assembly and Security
Council) is examined. America's role in global
politics is evaluated in the context of peacekeeping
missions to Somalia and Haiti.
 Optional/Recommended video:
 http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2021.%20Global%20Politics%20-
%20134502.wmv

Lesson Questions & Answers

All the following might be included in a U.S. mission in a foreign
capital:

 Military attachés
 Agents of the CIA
 Representatives of the Agency for
International Development (AID)


In the past, which of the following played an active role in
negotiations between the United States and the Soviet Union to
reduce the number of nuclear arms in the two countries?

 The Arms Control and Disarmament Agency


Besides the US, the following (3) are permanent
members of the UN Security Council and possess a
veto over that organization‘s policies.

 Great Britain
 France
 China


The administration of the UN is the responsibility of the
________

 Secretariat


By 2004, the UN had expanded from its original 50 to
191 members. The secretary-general was _______

 Kofi Annan from Ghana


The first treaty in which the United States and the USSR
agreed to reduce their nuclear arsenals was _________

 the Intermediate-range Nuclear Forces
Treaty


Which United States president negotiated the START II
treaty that was ratified by the Senate in 1996?

 Bush


The two most prominent bodies of the UN are the
__________ and _______.

 General Assembly
 The Security Council.


The goal of the UN peacekeeping mission in Somalia
was to ___________________________

 Squash gang violence and distribute food.


In 1996, when Secretary of State Warren Christopher
visited the Brazilian rain forest, the _________ had
become a foreign policy priority.

 environment


Trade issues sometimes interfere with the United States‘
concern for _______ _______ _______.

 Global human rights


Policymakers do not calculate the global consequences
of these situations:

 Destroying forests in South America
 Punishing countries because of the way
they address human rights
 Requiring the help of nongovernmental
groups in carrying out foreign policy.


Essay/Problem Questions‘
Chapter Review


Congress and Foreign Policy

 In the Constitution, the power to conduct
foreign and military affairs is divided
between Congress and the president.
◦ The president can appoint ambassadors and
command the armed forces.
◦ Congress can declare war, raise and support
armies, and appropriate money for defense. The
Senate can approve or disapprove treaties and
ambassadorial nominations.
 The boundaries between the two are not
clearly defined, leading to conflict.



 The War Powers Resolution was passed in
1973. It limited the president's ability to commit
American troops to combat without
congressional authorization to 60 or 90 days.
 Congress also made efforts to gain greater
control over secret intelligence operations
beginning in 1974. However, President Reagan
ignored the provision when he ordered the CIA
director to conceal the arms sales to Iran.
 Between 1950 and 2000, nine American
presidents committed U.S. troops to foreign soil
without a declaration of war by Congress.



 The president has substantial control over the
flow of military and intelligence information and
can use this to shape congressional response.
Example: the Tonkin Gulf Resolution.
◦ However, the reports of the attack in the Tonkin Gulf
were considerably exaggerated.
◦ The episode illustrates how diplomatic, military, and
intelligence information flows directly to the president.
◦ Congress and the public assume the president is
acting on expert advice.
◦ Foreign policy decisions are often made in crisis


The Machinery

 The National Security Council (NSC) was
created in 1947 to advise the president on
"domestic, foreign, and military policies
relating to the national security ." It has
been used differently by a succession of
presidents.
◦ Kennedy expanded the NSC to deal with the
Soviet nuclear missiles in Cuba.
◦ Under Reagan, the NSC coordinated the secret
operations of the Iran-contra scandal. The
scandal led to several indictments for conspiracy
to defraud the government.


The Machinery

 The State Department has increased greatly in size
and has been accused of being extremely slow to
respond.
◦ It employs 33,000 and has a budget of $4.4 billion. It has
177 embassies abroad.
◦ The role of the secretary of state varies from president to
president.
◦ The Foreign Service in 2004 numbered more than 9,608
men and wom en of whom 3,038 are professional
diplomats.
◦ Overseas, the ambassador serves as the president's
personal representative.
◦ The State Department faces competition from other
agencies of government.


The Machinery

 Intelligence and foreign policy: the CIA, the
National Security Agency, and the National
Reconnaissance Office.
◦ The Aldrich Ames scandal shook public and
congressional confidence in the CIA.
◦ The CIA sometimes engages in covert operations that
can cause the United States embarrassment.
(Examples: the Iran-contra scandal, plots to
assassinate Fidel Castro and other world leaders.)
◦ In the 1992 presidential campaign, President Bush
was questioned about his knowledge of the Iran-
contra scandal.


The Machinery

 President Reagan, concerned over what he saw as
Communist expans ion in Central
America, pursued a secret war in Nicaragua.
 In the 1970s congressional committees uncovered
abuses by the CIA and other intelligence
agencies, including assassinations, break -
ins, wiretapping, use of mind-altering drugs, and
mail violations.
 The law establishing the CIA makes no reference
to covert activities, but a loophole allows the CIA to
perform "other functions and duties" which
presidents have used to authorize covert activities.
Over 900 activities occurred between 1961 and


The Machinery

 The CIA was the direct descendent of the wartime OSS.
In 2004, the 9/11 Commission recommended that a
National Intelligence Director be placed over the CIA
chief and others to bring about better coordination
among the intelligence agencies.
 The CIA director wears many hats, coordinating the
NSA, NRO, and the DIA.
 The CIA and its related organizations spend $40 billion
a year.
 The CIA is divided into two principal divisions: the
Intelligence Directorate and the Operations Directorate.
The second division has received the most
criticism, and is active in political assassinations and
government overthrows.


The Machinery

 In 1972 the CIA became enmeshed in the
Watergate break-in.
 The CIA's budget is secret, but estimated at $4.5
billion; the agency employs about 17,000 people.
 The National Security Agency, with a budget of
$3.7 billion and 38,000 employees, intercepts all
forms of communication. It is criticized for its
Echelon program that gathers intelligence in
foreign countries.
 Until the 1960s, few knew of the activities. But the
loss of a U-2 over the Soviet Union in 1961 and the
disaster at the Bay of Pigs in 1961 thrust the CIA
into the limelight.


The Machinery

 Proponents argue the agency is an essential arm
of the government. Allen Dulles wrote "an
intelligence service is the best insurance we can
take out against surprise."
 The Senate and the House each created a
permanent Select Committee on Intelligence with
authority over the CIA and other intelligence
agencies.
 CIA director William J. Casey proved controversial
for stock market transactions and had gone outside
normal CIA channels to undertake covert
operations.
 Under the leadership of George Tenet, the CIA
failed to penetrate and stop the al Qaeda terrorists


The Machinery

 Other instruments: AID, the Peace Corps, and
the Voice of America.
◦ The Agency for International Development (AID) is
responsible for carrying out programs of financial and
technical assistance to less economically developed
nations.
◦ Between 1946 and 2004, the United States spent
$1.6 trillion be spent on economic assistance. AID is
unpopular for its lack of visible benefits, but most aid
is not in the form of cash.
◦ In 2004, 7,533 Peace Corps volunteers were in
training or serving abroad as teachers, agricultural
aides, and doctors.


The Machinery

 Peace Corps volunteers must be 18 and serve
for two years. By 2004, 170,000 had served.
 The Voice of America is the official radio and
features programs in 53 languages with 90
million listeners.
 In 1999, the United States Information Agency
and the Arms Control and Disarmament
Agency were merged into the
 State Department. Their goal: to present
information about America to people overseas
in the best possible light.


The United Nations

 The UN was established in 1945 to keep the peace and to
better humanity.
 The UN Security Council cannot act over the veto of any of
the five permanent members, which in 2000 included the
United States, Russia, Great Britain, France, and China.
 In November 1950, the UN General Assembly decided to act
to meet threats to peace when the Security Council failed to
do so.
 The UN has acted with varying success in several world
crises, including the Arab-Israeli War of 1973. UN
peacekeeping forces are periodically sent to crisis areas
around the world.
 The UN played a role in bringing about the Soviet withdrawal
in Afghanistan and brought relief supplies by air and land to
Sarajevo.
 The UN primarily plays a role as peacekeepers, with more


The United Nations

 The United States provides one-quarter of
the UN's $1.3 billion budget, plus a share of
the peacekeeping costs. However, the
United States has lost influence when the
UN shifted away from its pro-Western
stance.
 In 2004, the UN had 191 members and a
staff of 61,000 around the world.
 The UN provides a forum for
discussion, defuses world crises, and has
made contributions toward improving lives.


The Politics of Foreign Policymaking

 Over a period of time, widespread or intense domestic
reaction to foreign policy may have an impact on government.
Example: Vietnam.
 The role of the public.
◦ Some political scientists argue that Americans are uninterested and
uninformed on foreign policy issues.
◦ Gabriel Almond suggested that small leadership groups play the
major role in the making of decisions and the public's role is confined
to the expression of mass attitudes.
◦ James Rosenau says that when a foreign policy question becomes
so big that it involves "a society's resources and relationships," it
quickly turns into a domestic political issue.
◦ Nevertheless, a president has wide latitude in conducting foreign
policy.
◦ Congress, individual legislators, opinion leaders, the press, and
others may have some impact on policy outcomes.



 Presidential credibility.
◦ A president's conduct depends in large measure
in whether he can carry the public along on big
decisions.
◦ Several presidents have encountered credibility
problems, particularly when they or their
administrations have told "official lies." Examples:
Reagan and Lebanese terrorists, Eisenhower
and the U-2 spy plane, and Johnson and the
Tonkin Gulf.



 Political parties, campaigns, and foreign
policy.
◦ The two-party system tends to push both major
parties toward the center on foreign policy
issues.
◦ Nevertheless, foreign policy questions often
become campaign issues. In 2000, Vice
President Gore emphasized his experience in
foreign affairs in contrast to his Republican
opponent's lack of experience.
◦ Advocates of bipartisanship in foreign policy
contend that both major political parties should



 The economics of foreign policymaking.
◦ As the nation moved into the last half of the
twentieth century, foreign policy increasingly
involved major economic questions.


Video: Describe basic structure of the UN as a forum for
problem solving, peacekeeping, and global
communications.

 Headquartered in New York, its main goal is peace.
 Its charter is the closest thing to a global constitution.
 Works in areas of
disarmament, development, democratization, health & humanitarian
efforts and refuge support.
 Human rights around the world
 Only universal organization that exists
 General Assembly and Security Council are two predominat bodies.
 General Assembly votes on recommendations though UN has no
power to require nations to act.
 Smaller, security council, has primary responsibility for maintaining
world peace and security. 15 members, authority to deploy peace-
keeping forces, impose economic sanctions and order military
action.
 5 permanent members: China, France, Russia, United Kingdom and
the United States.
…..


Video: Evaluate the responsibility of the United States
as a very powerful and rich member nation in the UN
today and in the future

 US is regarded as first among equals at
UN. US‘s greater wealth gets clout by
giving 25% of organization‘s regular
budget, but also can create conflict. Haven‘t
paid dues, owes over a billion dollars. Need
to pay UN dues.
 US owes $1_Billion. 79% of outstanding
debt on UN‘s Regular budget, 60% on
peacekeeping budget.
 Debate over funding and power are just two
issues facing the United Nations.


Video: Compare/Contrast the UN‘s and the US‘s roles
using Haiti and Somalia as examples

 US agreed to lead UN peace-keeping to
Somalia.
 US Soldier was captured and dragged through
streets. US withdrew.
 Mission collapsed/failed. Management was
changed to UN led instead of US led.
 Another peace-keeping effort was led to Haiti.
Clinton wanted to restore Haiti, endorsed by
the UN.
 Combination of threat and diplomacy to make
Haiti a more successful mission.


Video: Interconnectedness of the global environment
relative to local economics on U.S. global politics.

 Mexico‘s fires cause smoke and haze, health
hazards for US neighbors. Economic problems
in Mexico of using cheapest method (burning)
caused the issue.
 Illustrated why former Secretary of State
Warren Christopher had insisted the
environment military readiness should be a
foreign policy priority.
 US does contribute to pollution and owes
efforts to work toward reducing green house
emissions.


Video: What role do you think human rights should play
in U.S. foreign policy and in global politics?

 US threatened to withhold trade privileges from China because of
their poor human rights record.
 US already angered China by voting for the UN‘s human-rights-
resolution condemning the ―Asian giant‖.
 We have to balance our two interests in foreign economic and
human right issues.
 China awarded BOEING‘s competitor 1.5 Billion $ contract.
 BOEING worked to enlist other fortune 500 companies to lobby
Congress not to impose trade sanctions on China.
 Chinese didn‘t apologize for their human rights solution.
 Engagement is the preferred path of dealing with the issue.
 It‘s important for US to bring China to the bargaining table to
engage. To push them into a corner ―would be a big mistake‖.

End of lesson 21

End of Lesson 21 – Global Politics

Lesson 22: Federal Courts

 Examines the federal courts as political institutions
that interpret the law and make policy within the
political and social environment of the times.
Examines how the philosophical composition of the
Supreme Court impacts judicial decisions.

 Optional/Recommended Video:
http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2022.%20Federal%20Courts%20-
%20134602.wmv


The power of the courts to declare acts
of Congress, actions of the federal
executive, or laws that are enacted by
any level of government to be
unconstitutional is the power of
_______ _______.

 Judicial review.


The following 3 statements correctly
describe the Warren Court:

 It handed down decisions that called for the end of
segregation in public schools.
 It handed down decisions that made it more difficult
for law enforcement officials to prosecute criminals.
 It handed down decisions that banned government-
sponsored prayer in schools.


The following 2 statements correctly
describe the Rehnquist Court:

 The Court‘s conservative bloc was often the
dominant force.
 On some cases the Court handed down liberal
decisions.

The following statement correctly
describes presidential nominations of
persons to the Supreme Court:

 The Senate has confirmed the vast majority of the
presidents‘ nominations.


Under the Constitution, ________
determines the size of the Supreme
Court.
 Congress


Congress may attempt to overturn
specific Supreme Court rulings by
utilizing the 3 following:
 Proposing an amendment to the Constitution
 Passing legislation
 Altering jurisdiction


When the Supreme Court hears a case
directly, it is exercising _______
________.
 Original jurisdiction.


An opinion assigned by the chief
justice when the chief justice votes
with the majority of the Court is ___
_______ opinion.
 The majority


_______ ________ are trial courts
where most federal cases begin.
 District Courts

All federal judges receive their
positions on the bench by an
appointment by the ______, _____ __
______ ________.
 President, subject to the senate aproval.


This president appointed more African
American and women judges due to an
executive order encouraging merit
consideration rather than political
patronage.
 Clinton.


The political environment of the
Supreme Court affects decisions in
different ways such as:
 The general social climate of the times
 Specific political pressures creating intolerable
conflict.


After appointment to the bench, which
of the following actions is NOT true of
Supreme Court justices?
 They may receive donations for renomination.


The Supreme Court decision in Bush
V. Vera affected not only the
candidates, but also the ______.
 Voters.

In Romer v. Evans, Justice Kennedy
stated that Colorado’s Amendment 2
violates the U.S. Constitution’s _____
_____ _____.
 Equal protection clause.

Essay/Problem Questions’
Chapter Review


Judicial Review
 Judicial review is the power to declare acts of Congress or actions by
the executive branch or actions and laws at any level of government
unconstitutional.
 Justice Charles Evans Hughes declared that "The Constitution is
what the judges say it is.―
 How is it that nine unelected people in a democracy can do this?
This question usually comes from people who don't like some
decision the court has made.
 The Supreme Court can also affirm actions as constitutional.
 How active should the court be in legislating social change?
 One view says that the Court should move more cautiously and avoid
"legislating" social change, since the judges are not popularly elected.
 Others feel the Court is the cornerstone of a system of checks and
balances, and prevents the majority from abusing the rights of minorities.


Judicial Review
 • A problem with judicial review is the fact that the language of the
Constitution is broad and sometimes ambiguous.
 Justice Frankfurter said "It is justices who make the meaning."
 He continued that justices are "the molders of policy rather than the
impersonal vehicles of revealed truth.―
 The Supreme Court must operate within the bounds of public opinion
and the political mainstream of the times.
 The road to judicial review.
 The Constitution refers to the Court as being responsible for "all Cases . .
. arising under this Constitution."
 At various times, Hamilton, Madison, and Wilson defended the principle.
 Political scientist Henry J. Abraham said that "a vast majority" of the
delegates at Philadelphia favored judicial review. It was taken for granted
at the convention and in the state convent ions that ratified the
Constitution.


Judicial Review
 The British Privy Council exercised judicial review over
laws passed by colonial legislatures.
 It was firmly enunciated by the Court until Marbury v.
Madison in 1803.
 Marbury, who had been appointed as a federal judge by
Adams, was refused permission to serve under Jefferson.
 Under a provision of the Judiciary Act of 1789, Marbury
petitioned the Supreme Court to issue a writ of mandamus
compelling the delivery of his commission. The Court avoided a
political fight, saying it had no constitutionally provided authority
to issue such a writ.
 Nevertheless Marshall declared that "The Constitution is
superior to any ordinary act of the legislature," and "a law
repugnant to the Constitution is void."


Judicial Review
 If it accepted that the Court has this great power, the next
debate is how it should apply that power.
 Under judicial activism, should the court boldly apply the
Constitution to social and political questions?
 Or should the Court exercise judicial restraint, and thereby
avoid constitutional questions and uphold acts of Congress
unless they clearly violate the Constitution?
 The Warren Court boldly applied the Constitution to
social and political questions. In contrast, Frankfurter
held that the Court should avoid deciding "political
questions" that could involve it in conflicts with other
branches of the federal government.


Warren Court
 It brought far-reaching change in the meaning of the Constitution.
 The most notable changes were made in the areas of legislative
apportionment, school desegregation, and the rights of the accused.
Warren felt that these were his court's greatest areas of contribution.
This activism led to calls for his impeachment.
 Before his retirement, Warren was asked to name the important
decisions of the Warren Court. These include:
 The reapportionment cases required that each citizen's vote count
equally.
 Brown did not eliminate segregation but struck down a government-
enforced dual school system. It also gave impetus to the civil rights
movement of the 1960s.
 The rights of the accused were discussed in Chapter 4, including the
Miranda, Escobedo, Gideon, and Mapp cases. For its actions, the Court
was accused of coddling criminals.


Warren Court
 It also moved aggressively in other areas, including:
banning prayer in public schools, curbing anti-
communist legislation in the 1950s, and easing
obscenity laws.
 Many conservative critics note that it acted with a
mere 5-4 majority in most of these cases.


The Burger Court
 Nixon named Warren Burger as chief justice in 1969
and appointed three additional justices. Gerald Ford
chose one. Thus, by 1976 a majority of the nine-
member Court had been appointed since Earl
Warren's retirement.
 The Burger court was a sea change from the
activism of the Warren era as it sought to strengthen
the hand of police and prosecutors.
 It narrowed the Fourth Amendment search and seizure
protections and restored the death penalty.


The Burger Court
 The Court also limited the rights of journalists in
protecting their sources.
 After appointing Burger, Nixon sought to make the Court
more conservative by filling the next vacancy with a
Southern conservative.
 Eventually he appointed Minnesota federal appeals judge
Harry Blackmun (then considered a moderate). Blackmun
later tended to vote with the liberal bloc and authored
Roe v. Wade, while Powell became a swing vote.
 In 1971, Nixon nominated prominent Virginia attorney
and conservative Lewis Powell, Jr., and an assistant U.S.
attorney general and conservative, William Rehnquist.


The Burger Court
 The Burger court discouraged conservatives in
desegregation and privacy areas and broadened
some decisions of the Warren Court.
 Gerald Ford selected a moderate, John Paul
Stevens, to replace one of the Court's most
outspoken advocates of individual liberties, William
O. Douglas. In 1981 Reagan named Sandra Day
O'Connor, who has tended to align herself with the
conservatives.


The Rehnquist Court
 Court that decided the Bush v. Gore case, limited
rather than reversed laws, set new paths in limiting
government control over the states, conservative
ruled 1990's


The Roberts Court
 In the United States, the Roberts Court refers to the Supreme Court of the
United States since 2005, under the leadership of Chief Justice John G.
Roberts. It is generally considered more conservative than the preceding
Rehnquist Court, as a result of the retirement of moderate Justice Sandra
Day O'Connor and the subsequent confirmation of the more conservative
Justice Samuel Alito in her place.[1] In its first five years, the Roberts court
has issued major rulings on gun control, affirmative action, campaign finance
regulation, abortion, capital punishment and criminal sentencing.
 After the death of Chief Justice William Rehnquist, Roberts was nominated
by President George W. Bush, who had previously nominated him to replace
Sandra Day O'Connor. The U.S. Senate confirmed his nomination by a vote
of 78-22.
 Roberts took the Constitutional oath of office, administered by senior
Associate Justice John Paul Stevens at the White House, on September
29, 2005, almost immediately after his confirmation. On October 3, he took
the judicial oath provided for by the Judiciary Act of 1789, prior to the first
oral arguments of the 2005 term.


The President and the Court
 Presidents normally pick justices for their politics more than
their judicial talents.
 Justice Hugo Black said, "Presidents have always appointed
people who believed a great deal in the same things that the
President who appoints them believes in."
 If it doesn't lead to mediocre judges, this isn't all bad.
 The presidential appointment power to some degree links the
Court to the voters and the rest of the political system.
 About 90 percent of judicial appointees come from the
appointing president's party.
 Senate confirmation limits the president's ability to shape the
Court to his political liking. By 2000, the Senate had refused to
approve 28, almost 20 percent, of the 141 nominations.


The President and the Court
 Nor can he predict how justices will act once on the
Court. Eisenhower lamented his choice of Earl
Warren, and Nixon was disappointed by Burger.
 Some nominations touch off controversy, as did Bork
in 1987, and Clarence Thomas in 1991. Douglas
Ginsburg, who admitted to smoking marijuana while
both student and professor at Harvard, asked
Reagan to withdraw his nomination.

Congress and the Court
 In making decisions, the Court must be concerned about how Congress will
react.
 Professor Walter F. Murphy said there is a three-step pattern to this:
 First, the Court makes a decision on an important aspect of public policy.
 Next, the Court is criticized and threats of retaliation come from Congress.
 Finally comes judicial retreat.
 Robert Dahl says the policy views of the court "are never for long out of line"
with public opinion.
 Congress can control the Court in a number of ways:
 It can control the jurisdiction and size of the Court.
 After the Civil War, Congress blocked the Court from reviewing Reconstruction laws.
 In the 1980s, "court-stripping" bills were introduced by conservatives led by Jesse
Helms. These attempts to restrict the Court's jurisdiction and remove its power over
cases dealing with abortion and school prayer failed.
 In conjunction with the states, Congress can amend the Constitution to get
around court decisions.
 Congress may attempt to overturn specific Supreme Court rulings by legislation.
For example, Congress in 1988 reinstated civil rights protections that were
narrowed in 1984 and passed the Civil Rights Restoration Act of 1988.


Bush v. Vera
 Court struck down three Texas congressional
districts that had been created to help minorities (two
African-American and one Hispanic). Again the court
used strict scrutiny and found the districts were not
narrowly tailored to serve a compelling state interest
and also found them bizarrely shaped and far from
compact.
 3 Congressional Texas districts with black or
hispanic minorities puts too much emphasis on race


Romer v. Evans
 1996; A Colorado amendment banning gay and
lesbian marriage is ruled unconstitutional by the
supreme court because it violates the EQUAL
PROTECTION CLAUSE
 Ruled unconstitutional an amendment to the
Colorado state constitutional amendment to the
existing local ordinances protecting gay and lesbian
rights and prohibiting the adoption of such
ordinances in the future

End of Lesson 22: Federal Courts

Lesson 23 – Criminal Justice

• Examines the interrelationship between the
perception of the rate of serious crime and the
'tough on crime' political response. Analyzes the
effectiveness of current solutions to crime including
the death penalty, life with no parole, and
rehabilitation.

• Optional video:
http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2023.%20Criminal%20Justice%20-
%20134702.wmv

Lesson 23 – Criminal Justice

Lesson 23 – Criminal
Justice
A body of rules that is made by government for
society, interpreted by the courts, and backed by
the power of the state is ____.

• Law

Justice
All of the following justified policy on the basis of
“natural law”:

• John Locke
• American revolutionaries
• Dr. Martin Luther King, Jr.

Justice
An action that violates a federal statute that was
designed to protect the public order violates which
type of law?

• Criminal law.

Justice

According to your authors, how do the nation’s
prisons appear to affect the crime rate?

• They contribute to the rise in the crime rate because instead
of rehabilitating offenders they serve only as human
warehouses for the custody of convicts.

Justice
The crime bill enacted into law in 1994 and signed
by Clinton banned how many types of semi-
automatic assault weapons?

• Nineteen
(19)

Justice

The U.S. Justice Department is headed by who?

• The attorney General

Justice

The investigative arm of the Justice Department is:

• The FBI

Justice
A system in which the power of the state is balanced
by defendant’s constitutional rights and the
presumption of innocence until proven guilty called:

• The adversary system.

Justice
A person charged with a serious federal crime must
first be accused in:

• An indictment by a grand jury

Justice

According to polls, citizens

• In the United States appear to favor capital punishment.

Justice
According to Professor Zimring, California is the
home of one of the nation’s toughest and craziest
laws, the:

• “three strikes” law.

Justice
To combat violent crime, over half the states have
passed “truth in sentencing” measures, which
require those convicted to:

• Serve at least 85% of their sentence.

According to Congressman McCollum, as a result of the Justice
“truth in sentencing” measures, some states have seen a
decrease in their crime rates because the criminal justice
system has:

• Put back some deterrent effect

Justice
Instead of ruling that the death penalty is cruel and
unusual and therefore unconstitutional, the U.S.
Supreme Court ruled that:

• Ambiguous laws for the death penalty were
unconstitutional.

Justice
The U.S. Supreme Court decision that addressed the
death penalty as it is imposed on racial minorities is:

• McClesky v. Kemp

Justice

Natural Law

• A belief that certain laws are eternal/believe that certain
laws are immutable. A "higher law"-gods plan for man.
Moral overtones. Human Rights. Provides justification for
civil disobedience. Universal principles. , the concept that
there is a universal order built into nature that can guide
moral thinking

Justice

Common law

• Reinforce the judges. No legislative bodies Property
dispute.

Justice

Sociological Law

• a system of law and enforcement which allows society to
shape the law rather than the law shape society. Belief that
law represents a reflection of the values, morals, and
culture of the society that produces it. As society
changes, law will also change.

Justice

Adversary System (of justice)

• A judicial system in which the power of the state is balanced by the
defendant’s constitutional rights and by the presumption that a
person is innocent until proven guilty beyond a reasonable doubt.
• A judicial system in which the court of law is a neutral arena where
two parties argue their differences.
• Americans who have not had a brush with the law have an
unrealistic picture of the system as one of due process, trial by
jury, and the right to legal counsel.
• It seems like an adversary system of justice where the rights of the
state and accused are balanced and the accused is presumed
innocent until proven guilty (an Anglo-Saxon legal tradition).

Plea Bargaining Lesson 23 – Criminal
Justice
• A bargain in which a defendant in a criminal case agrees to plead guilty to a less
serious charge than might be proved at a trial. In return, the prosecutor agrees
to reduce the charges or recommend leniency.
• These principles apply to cases that get to trial (most do not).
• Most defendants plead guilty, as many as 90 percent in some jurisdictions.
• They plead guilty as a result of negotiations about the charge or sentence.
• This backstage negotiation is known as plea bargaining.
• The guilt or innocence of the individual is never proven, but it saves lawyers
and judges lots of time.
• A defendant pleads guilty (whether he is or not) to a lesser change in hopes of a
lighter sentence.
• In 1970 the Supreme Court upheld the practice as constitutional.
• In a single year American courts may dispose of more than three million cases.
• High case loads, too few judges, and poor administration yield big delays.
• Large cities have delays of almost a year (from arrest to trial).
• In England, the period from arrest to final appeal frequently takes four months.
In many U.S. states, the same process averages 10 to 18 months.

Justice

Bail

• An amount of money “posted” with the courts as security in
exchange for a defendant’s freedom until the case comes to trial.
• The accused may be free on bail while awaiting trial.
• The system is designed to ensure that defendants will appear in
court.
▫ Bail bondsmen charge a premium of 5 to 20 percent of the bail. T he
poor often can't afford that, so they must stay in jail.
▫ If a person is free on bail and fails to appear for trial, the b ail is
forfeited.
▫ In setting bail, the court must balance the need of the accused to go
to work to pay the bail with the community's need to make sure the
trial takes place.

Justice

Bail

• In 1966 Congress passed a Bail Reform Act.
▫ Prior to this, judges set high bail so dangerous defendants
wouldn't be able to pay and thus could be safely tucked away in
jail.
▫ Under the new law, the practice was no longer possible.
▫ Federal judges were required to release defendants before
trial, except in capital cases or if a defendant was likely to flee.
▫ Defendants could no longer be held because they couldn't
make bail.
• In state and local courts, these rules don't apply and
defendant s are often jailed for lack of bail money.

Justice

Indictment

• A finding by a grand jury that there is enough evidence
against an individual to warrant a criminal trial.

Essay/Problem Questions’
Chapter Review
Justice

Capital Punishment Lesson 23 – Criminal
Justice
• In January 2000, Governor George Ryan of Illinois halted all executions in
his state; he had discovered that 13 men were sentenced to death since 1977
for crimes they did not commit.
• His action reflected increasing concern by many Americans that the death
penalty may have resulted in the execution of innocent people. There is
growing concern over racial disparity in sentencing-36 percent of death row
inmates were black, although African Americans constitute 12 percent of
the population.
• By 2004, there are more than 3,500 convicts on death row, the largest in
any country in the world. Seventy-one percent of the public supports capital
punishment.
• On July 2, 1976, The Supreme Court ruled 7-2 that capital
punishment, administered under adequate guidelines, did not violate the
Eighth Amendment's prohibitions against "cruel and unusual 14
punishments."
▫ The court also ruled that judges and juries could impose a death sentence if they
had sufficient information to show whether the sentence was appropriate in the
case.
▫ It upheld statutes in Georgia, Florida, and Texas, while striking down statutes in
two other states, which had "automatic" death penalties for certain crimes.

Justice

• Only four years earlier, in 1972, the Court had ruled out
executions under any law then in effect.
▫ In the years following the 1972 decision, 37 nations abolished
the death penalty.
▫ Thirty -eight states and the federal government had death
penalties for certain crimes.
▫ Since restoring the death penalty in 1976, there have been 657
executions by mid-2000, and 225 in Texas alone.
• Moral and legal arguments were mounted against capital
punishment. Among the first to die were Gary Gilmore
(1977), and the first woman executed in 22 years, Margie
Barfield (1984).

Justice

• The Court did set a minimum age for executions and
declared it unconstitutional for juveniles who are under 16
when they commit murder.
• The most common methods (in 36 states) of execution are
lethal injection, electrocution, hanging, the gas
chamber, and the firing squad.
• Supporters of it make two major arguments:
▫ It is appropriate for terrible, brutal crimes like serial killing.
▫ The death penalty may deter other murders.
▫ Those convicted might otherwise be released to kill again.

Justice

• Opponents say:
▫ Studies show it does not deter crime.
▫ One study of hundreds of capital cases between 1900 and 1985
found that 350 innocent people were convicted and 23 of them
executed.
• In 1996 Congress passed an antiterrorism law including
provisions making it more difficult for death row prisoners
to file successive appeals. The Court upheld it, but ruled
that prisoners awaiting execution could still appeal directly
to the Supreme Court in extraordinary circumstances.
• In 2002, the Supreme Court ruled 6-3 that the Constitution does
not allow the execution of mentally retarded offenders.

Media’s role on perception’s of criminal activity Justice
which increase the politics of “law and order” as a
controversial issue

• The more citizens concerned about killings that take place, the
more news producers will feature them on the news.
• The more you see them on the news, the more citizens become
concerned.
• The more citizens concerned, the media will focus more on the
news.
• Media’s images leave a far greater impression than the
statistics/numbers.
• Politicians know crime is an attractive issue to people.

Implications of the death penalty on society. What Justice
are the negative and positive impacts on society?
• Texas administers the death penalty a lot, by lethal injection.
• People believe the death penalty is cruel and unusual punishment.
• Anti Death Penalty movement argues that life in imprisonment is
more than a harsh sentence than the death penalty.
• Supreme court has held that it’s not cruel and unusual
punishment. But they have ruled certain things like death penalty
due to rape would be cruel and unusual punishment.
• Execution’s don’t always go very smoothly.
• Costs a lot of tax dollars.
• No statistical evidence that death penalty is a deterrent.
• The pursuit of the common good is linked directly to the defense
of human life.

Justice
Furman v. Georgia

• This 1972 Supreme Court case struck down all state laws allowing
the death penalty stating that they allowed for too much discretion
on the part of the judge and jury resulting in lack of consistent
administration of the penalty.
• Limited the use of the death penalty based on the 8th
Amendment.
• Issue of racial imbalances in use of death sentences by state
courts. So many states rewrote death penalty statutes.

Justice
Gregg v. Georgia

• The 1976 Supreme Court decision that upheld the constitutionality
of the death penalty, stating, "It is an extreme sanction, suitable to
the most extreme of crimes." The court did not, therefore, believe
that the death sentence constitutes cruel and unusual punishment.
• The S.C. ruling that (1) the death penalty is not, in itself, cruel and
unusual punishment; and (2) a two-part proceeding-one for the
determination of innocence or guilt and the other for determining
the sentence is constitutional.

Justice
McClesky v. Kemp

• (1987) Upheld the constitutionality of the death penalty against
charges that it violated the Fourteenth Amendment because
minority defendants were more likely to receive the death penalty
than White defendants.
• Racial discrepancies in death penalty cases

End of Lesson 23 – Criminal Justice

Lesson 24: Due process of Law

Compares and contrasts the decisions of the
Warren, Burger, and Rehnquist courts in dealing with the
rights of the accused and the procedural safeguards of
due process.

http://64.28.242.167/VOD/GOVT%202305%20-
%20Program%2024.%20Due%20Process%20of%20the%
20Law%20-%20134802.wmv


Lesson 24: Due process of
Law

Lesson 24:
Due Process of
Law
Which amendments provide for the due
process of law?

 The Fifth (5th) and Fourteenth (14th) Amendments

Lesson 24:
Due Process of
Law

The right of an indigent person to be
provided legal counsel by the state when
that person is on trial for an offense that
could lead to imprisonment was the result of
which case?

 Gideon V. Wainwright

Lesson 24:
Due Process of
Law
In decided cases involving the protection
against illegal searches and seizures, the
Supreme Court has ruled that (all of the
following):

 Police may not enter a home without a warrant in
order to make a routine arrest.
 School officials needed only ―reasonable grounds‖ to
search a student‘s locker.
 Police may not ransack a home in the course of
making lawful arrest but must confine their search to
the suspect and the immediate surroundings.

Lesson 24:
Due Process of
Law

While considering the exclusionary rule, the Supreme Court
has made all of the following rulings:

 The government may use illegally seized evidence in
order to discredit statements made by a defendant during
cross-examination at a trial.
 That if the police were exercising ―good faith‖ when
relying on a flawed search warrant, the evidence seized
could be used in court.
 That illegally seized evidence may be admitted at a trial if
the prosecution can show that the evidence would
―inevitably‖ have been discovered by lawful means.

Student course guide for voices in democracy 19 26

Student course guide for voices in democracy 19 26

Recommended

Recommended

More Related Content

What's hot

What's hot (19)

Viewers also liked

Viewers also liked (19)

Similar to Student course guide for voices in democracy 19 26

Similar to Student course guide for voices in democracy 19 26 (19)

Recently uploaded

Recently uploaded (20)

Student course guide for voices in democracy 19 26