Student course guide for voices in democracy 19 26
STUDENT COURSE GUIDE FOR VOICESIN DEMOCRACY: UNITED STATESGOVERNMENT THIRD EDITION 2006ELECTION UPDATEDReview of lessons 19-26 by John- Internet Connection required for embeddedvideos- Sources include Text book, LessonBook, videos and online research (for addedinformation)
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://188.8.131.52/VOD/GOVT%202305%20- %20Program%2019.%20Domestic%20Policy%20-%20134302.wmv
LESSON 19 – DOMESTIC POLICY Which of the following statements accurately describes laissez-faire economics? The theory argues for a “hands-off” economic policy.
LESSON 19 – DOMESTIC POLICY The 2001 tax cuts combined with a faltering economy, ________________________. Turned the federal government’s budget surplus into deficits.
LESSON 19 – DOMESTIC POLICY 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.
LESSON 19 – DOMESTIC POLICY The following is responsible for controlling the supply of money and the cost of availability of credit: Federal Reserve Board
LESSON 19 – DOMESTIC POLICY One result of the Reagan program was that _______________________________. Many social services were cut.
LESSON 19 – DOMESTIC POLICY A budget deficit is: The gap between government’s income and outlays
LESSON 19 – DOMESTIC POLICY A federal tax on imports is a _______. Tariff
LESSON 19 – DOMESTIC POLICY 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.
LESSON 19 – DOMESTIC POLICY The aim of the Sherman Antitrust Act was to _________________________________________ ____________________. Encourage competition in business and prevent the growth of monopolies.
LESSON 19 – DOMESTIC POLICY 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
LESSON 19 – DOMESTIC POLICY A multi-interest, and often multinational, corporation that may, under one roof, manufacture products ranging from missiles to baby bottles is a ____________. Conglomerate
LESSON 19 – DOMESTIC POLICY In order to promote the general welfare, the federal government fills the following (3) roles: Regulator Promoter Protector
LESSON 19 – DOMESTIC POLICY 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
LESSON 19 – DOMESTIC POLICY 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.
LESSON 19 – DOMESTIC POLICY The Social Security Act and amendments to it provide for __________ _________, _______ ___ __________ _________ and _________. Disability Insurance Old-age and survivors insurance Medicare
LESSON 19 – DOMESTIC POLICY 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)
LESSON 19 – DOMESTIC POLICY The controversy surrounding the northern spotted owl illustrates _________________________________________ ______________________________. The controversy that may develop when environmental concerns affect employment.
LESSON 19 – DOMESTIC POLICY The controversial secretary of the interior in the Regan administration who seemed to favor development over environmental concerns was ______ _____. James Watt
LESSON 19 – DOMESTIC POLICY Where did a potential nuclear disaster take place in the United States? Three Mile Island, Pennsylvania.
LESSON 19 – DOMESTIC POLICY 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.
LESSON 19 – DOMESTIC 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
LESSON 19 – DOMESTIC POLICY The nation‘s farm policy used to protect farmers through a program of government ______________________________________. subsidies that fluctuated with market prices.
LESSON 19 – DOMESTIC POLICY By invoking a seventy-year-old statute called the Railway Labor Act, President Clinton intervened because a strike threatened ________ _________ interstate commerce.
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.
LESSON 19 – DOMESTIC POLICY Economic theories and the government‘s role in the economy: 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.
LESSON 19 – DOMESTIC POLICY Economic theories and the government‘s role in the economy: 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.
LESSON 19 – DOMESTIC POLICY Economic theories and the government‘s role in the economy: 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 nations 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.
LESSON 19 – DOMESTIC POLICY Economic theories and the government‘s role in the economy: 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.
LESSON 19 – DOMESTIC POLICY 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 governments 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.
LESSON 19 – DOMESTIC POLICY 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….
LESSON 19 – DOMESTIC POLICY 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. 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….
LESSON 19 – DOMESTIC POLICY 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. 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.
LESSON 19 – DOMESTIC POLICY Freedom to Farm Act of 1996 vs. New Deal provisions for farmersFreedom 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.
LESSON 19 – DOMESTIC POLICY Freedom to Farm Act of 1996 vs. New Deal provisions for farmersNew 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.
LESSON 19 – DOMESTIC POLICY 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 policyAirline’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 LawsFailed to catch up to market place today; need to be modernized;
LESSON 19 – DOMESTIC POLICY 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 PolicyAmerican foreign policy used to be easily defined; whatever Communists werefor, we were against. With the fall of the Soviet Union and its satellites, Americamust find a new central policy. The Gulf War was a new model ofinvolvement, with an international effort to protect interests in the Middle East.New technology also affected the Gulf War. Both weaponry and media werecutting-edge. Former Communist countries now become allies of the UnitedStates. NATOs emergence as an alliance for all Europe caused some concernboth in Russia and in Congress, which was frightened of higher taxes. NATOspurpose has become less to prevent war than to create peace in areas such asBosnia. Cuban exiles in Miami lobby the government for stricter rules againstCuba. The Helms-Burton law angers other countries by threatening economicretaliation if other countries trade with Cuba. Cubans, Irish (Irish NationalCaucus), and Jews (American Israel PAC) are examples of ethnic and religiousgroups that have formed strong interest groups to affect foreign affairs. Somepowers can have influence over America. The Popes visit to Cuba led toloosening of restrictions in both the island and America. It is important forAmerica to be engaged in the world, but our overall role in the world has yet tobe redefined from the Cold War.• http://184.108.40.206/VOD/GOVT%202305%20- %20Program%2020.%20Foreign%20Policy%20-%20134402.wmv
Lesson 20 – Foreign Policy• The sum of the goals, decisions, and actions that govern a nation‘s relations with the rest of the world is _______ _______.• Foreign policy
Lesson 20 – Foreign Policy• By deciding to join the United Nations after World War II, the United States was adopting which form of foreign policy?• InternationalistThe war ended with the total victory of the Allies overGermany and Japan in 1945. World War II altered thepolitical alignment and social structure of the world. TheUnited Nations (UN) organization was established to fosterinternational cooperation and prevent future conflicts. TheSoviet Union and the United States emerged as rivalsuperpowers, setting the stage for the Cold War, whichlasted for the next 46 years. Meanwhile, the influence ofEuropean great powers started to decline, while thedecolonization of Asia and Africa began. Most countrieswhose industries had been damaged moved towardseconomic recovery. Political integration, especially inEurope, emerged as an effort to stabilize postwar relations.
Lesson 20 – Foreign Policy• The Truman Doctrine was based on which foreign policy option?• Containment
Lesson 20 – Foreign Policy • ContainmentContainment was a United States policy using military, economic, and diplomatic strategies to stall the spread ofcommunism, enhance America‘s security and influence abroad, and prevent a "domino effect". A component ofthe Cold War, this policy was a response to a series of moves by the Soviet Union to enlarge communistinfluence in Eastern Europe, China, Korea, and Vietnam. It represented a middle-ground position betweendétente 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 translationof 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 tointervene in the Hungarian Uprising of 1956. President Lyndon Johnson (1963–69) was firmly committed tocontainment, forcing him to fight a war he did not want in Vietnam. President Richard Nixon (1969–74), workingwith his top advisor Henry Kissinger, rejected containment in favor of friendly relations with the Soviet Union andChina; this détente, or relaxation of tensions, involved expanded trade and cultural contacts. President JimmyCarter (1976–81) emphasized human rights rather than anti-communism, but dropped détente and returned tocontainment when the Soviets invaded Afghanistan in 1979. President Ronald Reagan (1981–89), denouncingthe Soviet state as an "evil empire", escalated the Cold War and promoted rollback in Nicaragua andAfghanistan. Central programs begun under containment, including NATO and nuclear deterrence, remained ineffect even after the end of the Cold War in 1989 and the breakup of the Soviet Union in 1991.
Lesson 20 – Foreign Policy• In conducting foreign policy, the president plays the following 2 roles:• Commander in chief• Chief diplomat
Lesson 20 – Foreign Policy• Congress has the following 3 constitutional powers:• To Declare war• To appropriate money for defense• To raise and support armies
Lesson 20 – Foreign Policy• ______________________ was created to advise the president on the integration of domestic, foreign, and military policies relating to national security.• The National Security Council
Lesson 20 – Foreign Policy• 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
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• Those who advocate a policy of avoiding foreign involvement are said to be proponents of ______________.• isolationism
Lesson 20 – Foreign Policy• Domestic influence on foreign policy includes ________ _______.• Interest groups
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• Which principle is deeply rooted in the Constitution and in the traditions of the United States?• The military establishment should be under civilian control.
Lesson 20 – Foreign Policy• The training of Special Forces in guerrilla warfare and ―counterinsurgency‖ occurred when the United States adopted this defense strategy:• Flexible response
Lesson 20 – Foreign Policy• At the end of World War II, the world‘s two remaining ―superpowers‖ were:• The Soviet Union• The United States
Lesson 20 – Foreign Policy• In January 1991, the U.S. military target was not communist aggression but rather the protection of what?• Middle East oil
Lesson 20 – Foreign Policy• The Gulf War demonstrated that the U.S. military could be used in a new way, even in the _______ ___ __ _______ _______.• Absence of a communist threat
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• The Historical Setting• A nations 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,
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• 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.• Iraqs Saddam Hussein invaded Kuwait in 1990, but was driven out by United States military forces in 1991.
Lesson 20 – Foreign Policy• 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.
Lesson 20 – Foreign Policy• 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 Clintons 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.
Lesson 20 – Foreign Policy• 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 presidents 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 Reagans 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.
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. Americas role in global politics is evaluated in the context of peacekeeping missions to Somalia and Haiti. Optional/Recommended video: http://220.127.116.11/VOD/GOVT%202305%20- %20Program%2021.%20Global%20Politics%20- %20134502.wmv
Lesson Questions & Answers Lesson 21 – Global Politics
Lesson 21 – Global PoliticsAll the following might be included in a U.S. mission in a foreigncapital: Military attachés Agents of the CIA Representatives of the Agency for International Development (AID)
Lesson 21 – Global PoliticsIn the past, which of the following played an active role innegotiations between the United States and the Soviet Union toreduce the number of nuclear arms in the two countries? The Arms Control and Disarmament Agency
Lesson 21 – Global PoliticsBesides the US, the following (3) are permanentmembers of the UN Security Council and possess aveto over that organization‘s policies. Great Britain France China
Lesson 21 – Global PoliticsThe administration of the UN is the responsibility of the________ Secretariat
Lesson 21 – Global PoliticsBy 2004, the UN had expanded from its original 50 to191 members. The secretary-general was _______ Kofi Annan from Ghana
Lesson 21 – Global PoliticsThe first treaty in which the United States and the USSRagreed to reduce their nuclear arsenals was _________ the Intermediate-range Nuclear Forces Treaty
Lesson 21 – Global PoliticsWhich United States president negotiated the START IItreaty that was ratified by the Senate in 1996? Bush
Lesson 21 – Global PoliticsThe two most prominent bodies of the UN are the__________ and _______. General Assembly The Security Council.
Lesson 21 – Global PoliticsThe goal of the UN peacekeeping mission in Somaliawas to ___________________________ Squash gang violence and distribute food.
Lesson 21 – Global PoliticsIn 1996, when Secretary of State Warren Christophervisited the Brazilian rain forest, the _________ hadbecome a foreign policy priority. environment
Lesson 21 – Global PoliticsTrade issues sometimes interfere with the United States‘concern for _______ _______ _______. Global human rights
Lesson 21 – Global PoliticsPolicymakers do not calculate the global consequencesof 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.
Lesson 21 – Global PoliticsEssay/Problem Questions‘Chapter Review
Lesson 21 – Global PoliticsCongress 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.
Lesson 21 – Global PoliticsCongress and Foreign Policy The War Powers Resolution was passed in 1973. It limited the presidents 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.
Lesson 21 – Global PoliticsCongress and Foreign Policy 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
Lesson 21 – Global PoliticsThe 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.
Lesson 21 – Global PoliticsThe 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 presidents personal representative. ◦ The State Department faces competition from other agencies of government.
Lesson 21 – Global PoliticsThe 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.
Lesson 21 – Global PoliticsThe 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
Lesson 21 – Global PoliticsThe 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.
Lesson 21 – Global PoliticsThe Machinery In 1972 the CIA became enmeshed in the Watergate break-in. The CIAs 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.
Lesson 21 – Global PoliticsThe 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
Lesson 21 – Global PoliticsThe 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.
Lesson 21 – Global PoliticsThe 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.
Lesson 21 – Global PoliticsThe 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
Lesson 21 – Global PoliticsThe United Nations The United States provides one-quarter of the UNs $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.
Lesson 21 – Global PoliticsThe 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 publics 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 societys 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.
Lesson 21 – Global PoliticsThe Politics of Foreign Policymaking Presidential credibility. ◦ A presidents 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.
Lesson 21 – Global PoliticsThe Politics of Foreign Policymaking 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 opponents lack of experience. ◦ Advocates of bipartisanship in foreign policy contend that both major political parties should
Lesson 21 – Global PoliticsThe Politics of Foreign Policymaking The economics of foreign policymaking. ◦ As the nation moved into the last half of the twentieth century, foreign policy increasingly involved major economic questions.
Lesson 21 – Global PoliticsVideo: Describe basic structure of the UN as a forum forproblem solving, peacekeeping, and globalcommunications. 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. …..
Lesson 21 – Global PoliticsVideo: Evaluate the responsibility of the United Statesas a very powerful and rich member nation in the UNtoday 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.
Lesson 21 – Global PoliticsVideo: Compare/Contrast the UN‘s and the US‘s rolesusing 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.
Lesson 21 – Global PoliticsVideo: Interconnectedness of the global environmentrelative 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.
Lesson 21 – Global PoliticsVideo: What role do you think human rights should playin 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
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://18.104.22.168/VOD/GOVT%202305%20- %20Program%2022.%20Federal%20Courts%20- %20134602.wmv
Lesson Questions & AnswersLesson 22: Federal Courts
Lesson 22: Federal CourtsThe power of the courts to declare actsof Congress, actions of the federalexecutive, or laws that are enacted byany level of government to beunconstitutional is the power of_______ _______. Judicial review.
Lesson 22: Federal CourtsThe following 3 statements correctlydescribe 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.
Lesson 22: Federal CourtsThe following 2 statements correctlydescribe the Rehnquist Court: The Court‘s conservative bloc was often the dominant force. On some cases the Court handed down liberal decisions.
Lesson 22: Federal CourtsThe following statement correctlydescribes presidential nominations ofpersons to the Supreme Court: The Senate has confirmed the vast majority of the presidents‘ nominations.
Lesson 22: Federal CourtsUnder the Constitution, ________determines the size of the SupremeCourt. Congress
Lesson 22: Federal CourtsCongress may attempt to overturnspecific Supreme Court rulings byutilizing the 3 following: Proposing an amendment to the Constitution Passing legislation Altering jurisdiction
Lesson 22: Federal CourtsWhen the Supreme Court hears a casedirectly, it is exercising _______________. Original jurisdiction.
Lesson 22: Federal CourtsAn opinion assigned by the chiefjustice when the chief justice voteswith the majority of the Court is __________ opinion. The majority
Lesson 22: Federal Courts_______ ________ are trial courtswhere most federal cases begin. District Courts
Lesson 22: Federal CourtsAll federal judges receive theirpositions on the bench by anappointment by the ______, _____ ________ ________. President, subject to the senate aproval.
Lesson 22: Federal CourtsThis president appointed more AfricanAmerican and women judges due to anexecutive order encouraging meritconsideration rather than politicalpatronage. Clinton.
Lesson 22: Federal CourtsThe political environment of theSupreme Court affects decisions indifferent ways such as: The general social climate of the times Specific political pressures creating intolerable conflict.
Lesson 22: Federal CourtsAfter appointment to the bench, whichof the following actions is NOT true ofSupreme Court justices? They may receive donations for renomination.
Lesson 22: Federal CourtsThe Supreme Court decision in BushV. Vera affected not only thecandidates, but also the ______. Voters.
Lesson 22: Federal CourtsIn Romer v. Evans, Justice Kennedystated that Colorado’s Amendment 2violates the U.S. Constitution’s __________ _____. Equal protection clause.
Essay/Problem Questions’ Chapter Review Lesson 22: Federal Courts
Lesson 22: Federal CourtsJudicial 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 dont 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.
Lesson 22: Federal CourtsJudicial 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.
Lesson 22: Federal CourtsJudicial 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."
Lesson 22: Federal CourtsJudicial 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.
Lesson 22: Federal CourtsWarren 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 courts 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 citizens 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.
Lesson 22: Federal CourtsWarren 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.
Lesson 22: Federal CourtsThe 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 Warrens 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.
Lesson 22: Federal CourtsThe 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.
Lesson 22: Federal CourtsThe 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 Courts most outspoken advocates of individual liberties, William O. Douglas. In 1981 Reagan named Sandra Day OConnor, who has tended to align herself with the conservatives.
Lesson 22: Federal CourtsThe 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 1990s
Lesson 22: Federal CourtsThe 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 OConnor and the subsequent confirmation of the more conservative Justice Samuel Alito in her place. 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 OConnor. 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.
Lesson 22: Federal CourtsThe 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 doesnt lead to mediocre judges, this isnt 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 presidents party. Senate confirmation limits the presidents 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.
Lesson 22: Federal CourtsThe 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.
Lesson 22: Federal CourtsCongress 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 Courts 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.
Lesson 22: Federal CourtsBush 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
Lesson 22: Federal CourtsRomer 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
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://22.214.171.124/VOD/GOVT%202305%20- %20Program%2023.%20Criminal%20Justice%20- %20134702.wmv
Lesson 23 – Criminal JusticeA body of rules that is made by government forsociety, interpreted by the courts, and backed bythe power of the state is ____.• Law
Lesson 23 – Criminal JusticeAll of the following justified policy on the basis of“natural law”: • John Locke • American revolutionaries • Dr. Martin Luther King, Jr.
Lesson 23 – Criminal JusticeAn action that violates a federal statute that wasdesigned to protect the public order violates whichtype of law?• Criminal law.
Lesson 23 – Criminal JusticeAccording to your authors, how do the nation’sprisons 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.
Lesson 23 – Criminal JusticeThe crime bill enacted into law in 1994 and signedby Clinton banned how many types of semi-automatic assault weapons?• Nineteen (19)
Lesson 23 – Criminal JusticeThe U.S. Justice Department is headed by who?• The attorney General
Lesson 23 – Criminal JusticeThe investigative arm of the Justice Department is:• The FBI
Lesson 23 – Criminal JusticeA system in which the power of the state is balancedby defendant’s constitutional rights and thepresumption of innocence until proven guilty called:• The adversary system.
Lesson 23 – Criminal JusticeA person charged with a serious federal crime mustfirst be accused in:• An indictment by a grand jury
Lesson 23 – Criminal JusticeAccording to polls, citizens• In the United States appear to favor capital punishment.
Lesson 23 – Criminal JusticeAccording to Professor Zimring, California is thehome of one of the nation’s toughest and craziestlaws, the:• “three strikes” law.
Lesson 23 – Criminal JusticeTo combat violent crime, over half the states havepassed “truth in sentencing” measures, whichrequire those convicted to:• Serve at least 85% of their sentence.
Lesson 23 – CriminalAccording to Congressman McCollum, as a result of the Justice“truth in sentencing” measures, some states have seen adecrease in their crime rates because the criminal justicesystem has: • Put back some deterrent effect
Lesson 23 – Criminal JusticeInstead of ruling that the death penalty is cruel andunusual and therefore unconstitutional, the U.S.Supreme Court ruled that:• Ambiguous laws for the death penalty were unconstitutional.
Lesson 23 – Criminal JusticeThe U.S. Supreme Court decision that addressed thedeath penalty as it is imposed on racial minorities is:• McClesky v. Kemp
Lesson 23 – Criminal JusticeNatural 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
Lesson 23 – Criminal JusticeCommon law• Reinforce the judges. No legislative bodies Property dispute.
Lesson 23 – Criminal JusticeSociological 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.
Lesson 23 – Criminal JusticeAdversary 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.
Lesson 23 – Criminal JusticeBail • 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 cant 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 communitys need to make sure the trial takes place.
Lesson 23 – Criminal JusticeBail • In 1966 Congress passed a Bail Reform Act. ▫ Prior to this, judges set high bail so dangerous defendants wouldnt 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 couldnt make bail. • In state and local courts, these rules dont apply and defendant s are often jailed for lack of bail money.
Lesson 23 – Criminal JusticeIndictment• A finding by a grand jury that there is enough evidence against an individual to warrant a criminal trial.
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 Amendments 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.
Capital Punishment Lesson 23 – Criminal 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).
Capital Punishment Lesson 23 – Criminal 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.
Capital Punishment Lesson 23 – Criminal 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.
Lesson 23 – CriminalMedia’s role on perception’s of criminal activity Justicewhich increase the politics of “law and order” as acontroversial 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.
Lesson 23 – CriminalImplications of the death penalty on society. What Justiceare 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.
Lesson 23 – Criminal JusticeFurman 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.
Lesson 23 – Criminal JusticeGregg 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.
Lesson 23 – Criminal JusticeMcClesky 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
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://126.96.36.199/VOD/GOVT%202305%20-%20Program%2024.%20Due%20Process%20of%20the%20Law%20-%20134802.wmv
Lesson Questions & Answers Lesson 24: Due process of Law
Lesson 24: Due Process of LawWhich amendments provide for the dueprocess of law? The Fifth (5th) and Fourteenth (14th) Amendments