The Electoral Process: A Story

So you want to run for public office. Great! We need good people in public service.
First, you need to organize a campaign. Campaigning is all about getting your message out.

How do you do that? 

Locally: door-to-door. Regionally/Nationally: travel and radio/tv ads
You also need staff, unless you plan to do the whole thing yourself. Oh, and you also need some 'bling' to help spread the word and get your name out there. You know...buttons, bumper stickers, yard signs.

Wait...this sounds like its going to cost some money.

Why, yes it is. Luckily, you can go out there and get people to donate funds to your campaign.

Sweet. I'll just find a really rich guy to cut me a check.

Not so fast. There are rules regarding fundraising. They are called campaign finance laws and they put certain limits on raising money for campaigns. Money donated directly to an individual campaign is known as hard money and is limited in the amount that can be donated. Money donated to a political party or political action committee however is known as soft money and has far fewer limits on it.

So you're saying I can get around it. And by the way, isn't limiting the ability to donate money to a political campaign a violation of the 1st amendment right to petition the government for a redress of grievances?

Whoa there big fella! If you want to get into laws and Supreme Court case law on campaign financing, why don't you look up McCain-Feingold Campaign Finance Reform, Buckley v Valeo, and the Citizens United case. But aside from that let's move this campaign train down the track.

Once you are organized, you have to formally nominate yourself for elected office. This involves paperwork and either a filing fee or getting a requisite number of signatures in support of your candidacy.

Sounds easy enough.

What? You think you're the only one? There will probably be multiple candidates you choose to run. Probably multiple candidates within your own party. That is, unless your seeking a position on a non-partisan governing body.

A what?

Nevermind. Let's move on. You're going to need to devote some of your resources to winning your party nomination. This is usually done one of two ways. Through a party caucus or a primary election. Most primary elections are direct primaries in which the voters select the candidate.

How do I convince them I am the best candidate?

Well, you need to know who you are talking to. Who is choosing the candidate? Is it all potential voters, which happens in an open primary? Or is it a closed primary in which only registered voters of your party choose who they want to represent the party in the big general election? Obviously, in a closed primary, you need to speak the language of the party faithful and the hardcore base of the party to win their support. In an open primary, you would want to be more moderate and attractive to as many potential voters as possible.

Seems like there is a lot of strategy. 

You bet. You'll probably want to hire a professional for that.

Spend more money??!

Yep. Welcome to politics. If you are good enough to be able to win the party primary, then you must prepare for the general election against the chosen candidate of the other party. And now you really have to appeal to as many possible voters as you can. And really get the message out.

So be more moderate and spend more money?

Now you've got it! Keep in mind that the objective is just to get a plurality of support. That means, just get more votes than everyone else running for that position and you win. You don't even have to get over 50%. Just the plurality. Try and convince them early though. Because while most people will simply go to the polling location for their precinct on election day, a good number of people choose to vote early and some vote absentee.

So I should get out the moderate message of who I am and what changes I am going to bring into office early and often? And that's the key to winning elected office?

If only it were that simple. Even those who do that the best won't win. That's because voter behavior is a beast. The 1st thing to keep in mind is that most Americans don't bother to vote.

What? Why? This is America, isn't it? Why wouldn't they vote?

As Americans, we are fat, dumb, lazy, and happy. We would rather sit on the couch eating Doritos while we watch stuff blow up than actually get off of the couch and go down the precinct polling place to cast a vote.

That's terrible.

God bless America. No...really... God bless America. We believe in individual liberty so much, we're not even going to make you vote. Vote; don't vote; what business is that of the government? So long as you play by the rules.

What are the rules of voting?

Well, you have to be 18, a citizen of the state you are going to vote in, and you have to be registered to vote by the deadline before that election. Unless you are in North Dakota, where you don't even have to registered.

Why don't you have to be registered in North Dakota?

I don't know. Probably because there are only like ten guys named Hank and a couple of moose living in the whole state so if someone drops by and wants to vote, they're glad to have the company. Its cold up there.

Okay then.

So even if someone is registered and actually gets off their couch to go and vote, then you have to deal with the human element of voting. Despite the message that you have been trying to get out, voters rely heavily on a few things that influence their voting patterns. Party identification, their own views on the issues, your background and their background. Can they relate to you? Do they feel like you understand the issues that are important to them? Even if they think you do, some people are single-issue voters and your stance on one issue can cause them not to vote for you even though they really like everything else about you. And then there is your party. There are some people who will vote for, literally, anybody so long as their is a blue-D or a red-R next to their name. It doesn't matter what you say. They won't vote for you. You could be facing a goat in a hockey jersey in this election and they would vote for the goat because the goat represents their party.

So why do we do this?

Because of the opportunity to serve your community and to try and make things better for people. Look, elections can be rough. Negative campaigns win. People don't get registered on time and they don't vote. Money seems to have undue influence. Its enough to make anyone cynical. But campaigns and elections inform the voters and allow them to express their views on what should be done for society. That is the essence of the democratic process.

Alright then....let's do this.

Political Parties

Political parties lay claim to different areas along the political spectrum. From the extreme left to the extreme right and all points in between. The most successful parties are those that are able to lay claim to the most space on the political spectrum, thereby, appealing to the highest number of possible voters.

When the Constitution was written, there were no political parties in the United States. There were, however, ideological factions. While the Framers knew there was no way to avoid faction (see Federalist No.10) , Washington feared that organized parties would, well....., read for yourself above.

One thing the Framers did not anticipate was the fact that organized parties would be created so quickly. The creation of the two-party system was a natural reaction to the electoral system of the United States of America; a winner-take-all system. 

Two-party systems aren't the only way to operate though. 

There are One-party systems (China, Cuba) and there are Multi-party systems (India, Italy)

There are three main roles that political parties in America serve.

- To identify and nominate candidates for elected office

- To inform the electorate

     (party platform, registering voters, educate voters, 'brand name', serve as 'watchdog')

- To run the government once elected

Each political party has its own hierarchy and structure. (precinct -> ward -> county -> state -> national)

Debbie Wasserman Schultz - Chair - DNC

Reince Priebus - Chair - RNC

The good and the bad of political parties:

- limits extremism

- provide stability

- build consensus

- identifiable 'brand'

- can't fulfill all promises

- big party contributors hold overwhelming influence

- gridlock

Civil Rights

The right for all people to have fair and equal treatment under the law. The Constitutional basis for civil rights case law is found in the 1st, 5th, 13th, 14th, 15th, 19th, 24th, and 26th amendments.

Topics in civil rights:

- equal protection clause
   Amendment XIV: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws 

   As we have said, this becomes the basis for the incorporation of civil liberties and civil rights to all people in all jurisdictions throughout the United States. This is why the government cannot discriminate. Or can it??


- basis for acceptable discrimination
  The courts have determined that there are acceptable times when the government can make a reasonable distinction between people. Therefore, the government can discriminate. However, if the government is going to discriminate, the Court will review the discrimination using one of three tests.
     - Rational Basis Test
              Are reasonable methods used to accomplish a legitimate goal of government? 
              ( Example: age limits on driving)
     - Intermediate Scrutiny Test
             Same question but often with cases involving gender discrimination
             ( US v Virginia ) ( Example: selective service )
     - Strict Scrutiny Test
              Same question but: 1) a fundamental right is being restricted     and 2) involves race/origin
              ( Korematsu v US )  ( Loving v Virginia )


- segregation (de facto & de jure)
    Segregation was the law in many states throughout the south from the post-Reconstruction era through the mid 20th Century. These statutes were referred to as Jim Crow laws and constitute what we call segregation de jure (segregation by way of law). These laws were upheld, even by the courts, until the 1950's. While segregation de jure started to be repealed by way of Court rulings and Congressional acts of the 50's and 60's, certain economic and social facts remained and left us with segregation de facto (segregation as a matter of fact).


- Plessy & Brown
    Plessy v Ferguson  - established the doctrine of 'separate but equal' as precedent
    Brown v Board of Education  - determined that 'separate but equal' was inherently not equal


- extending equal protection
    To women:
      Equal Pay Act of 1963
      Title IX of the Education Amendments of 1972
      Meritor Savings v Vinson
 
    To Hispanics:
       Hernandez v Texas
       Voting Rights Act of 1975

     To the disabled:
        Americans with Disabilities Act of 1990
        

- affirmative action
   What is affirmative action?
     Policies whereby institutions and employers provide opportunities for members of historically underrepresented groups
   What is the government and Court opinion on affirmative action?
      President Johnson's Executive Order #11246 (1965)
      Regents of the University of California v Bakke
      Johnson v Transportation Agency
      Gratz v Bollinger
      Fisher v University of Texas

      

Global Awareness Series: Capitalism: A Love Story

Registration is now open for the next showing.

Capitalism: A Love Story
Thursday November 14 @ 3:30pm in the library

Individual Liberties: The 2nd, 4th, & 5th Amendments

Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

The Right to Bear Arms:
  US v Miller
  Heller v Washington DC










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

Protection Against Unreasonable Search & Seizure
  - law enforcement must have a warrant or probable cause to search and/or seize
  - "plain view" doctrine
  - evidence obtained via a warrantless search is subject to the exclusionary rule
  - electronic communications have been determined by the Court to be a person's "papers"
  - civil liberties of students are even more limited

Search & Seizure:
  Arizona v Hicks
  Weeks v US
  Mapp v Ohio
  Olmstead v US
  Katz v US
  New Jersey v TLO
  Board of Ed of Pottawatomie Co v Earls


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

- Grand Jury cluase
- double jeopardy clause
- self-incrimination clause
- due process clause
- eminent domain clause

Due Process:
 Federal government cannot deprive person of life, liberty, or property with the due process of law
substantive due process v procedural due process
procedural due process - correct procedures must be followed (can't make it up as you go)
substantive due process - the laws themselves must be fair
Due process can be denied if the state has a compelling case for it.
  Mackey v Montrym


The 'Right to Privacy'
Like 'separation of church and state', this does not exist as text in the Constitution. However, the Court has upheld its belief that Americans have a right to privacy through their interpretation of the 4th, 5th, 9th, and 14th Amendments.
  Olmstead v US
  Griswold v Connecticut
  Roe v Wade
  Planned Parenthood v Casey