Federalism and VotingFederalism and Voting FederalismFederalism = = Division of PowerDivision of Power:: The The

Federal Government has power and the Federal Government has power and the State Governments have power.State Governments have power.

The Original Constitution is silent on voting The Original Constitution is silent on voting requirements. The Founding Fathers left it requirements. The Founding Fathers left it up to the states. up to the states.

The state legislatures determine voting rules The state legislatures determine voting rules in primary and general elections. (They also in primary and general elections. (They also draw district lines).draw district lines).

The Expansion of the VoteThe Expansion of the Vote

Voter ID Laws: Fake Solution to a Fake Voter ID Laws: Fake Solution to a Fake Problem – YouTubeProblem – YouTubeDemocalypse 2012 - Right Said Fraud - The Daily Show with Jon Stewart - 10/02/12 - Video Clip | Comedy Central

• ““Jacksonian Jacksonian Democracy”Democracy”- end of - end of property requirements property requirements to vote (the states)to vote (the states)

• 1515thth Amendment – Amendment – ex-slavesex-slaves

• 1919thth Amendment - Amendment - womenwomen

• 2424thth Amendment - Amendment - no no poll taxpoll tax

• Voting Rights Act of Voting Rights Act of 1965 1965

• 2626thth Amendment – Amendment – 18 18 to voteto vote

• Motor Voter ActMotor Voter Act

The Electoral College

• Electors = Number of Reps + Senators

• Winner-Take-All- except Nebraska and Maine

U. S. Electoral College, Official - What is the Electoral College?

http://www.270towin.com/

Election Problems:

• Voter Fraud v. Voter Suppression

• 2000 – Bush v. Gore - Florida

Federalist #10Federalist #10Elections and Political PartiesElections and Political Parties

““Liberty is to faction what air is to fire, an Liberty is to faction what air is to fire, an aliment without which it instantly aliment without which it instantly expires. But it could not be less folly to expires. But it could not be less folly to abolish liberty, which is essential to abolish liberty, which is essential to political life, because it nourishes political life, because it nourishes faction, than it would be to wish the faction, than it would be to wish the annihilation of air, which is essential to annihilation of air, which is essential to animal life, because it imparts to fire its animal life, because it imparts to fire its destructive agencydestructive agency.”.” - -James MadisonJames Madison, , The Federalist PapersThe Federalist Papers

Political Parties, Political Parties, Personalities and ElectionsPersonalities and Elections

Critical ElectionsCritical Elections

Party RealignmentsParty Realignments occur in critical occur in critical elections. elections. • major adjustments in the parties.major adjustments in the parties.• new issues emerge which shift voter new issues emerge which shift voter support from one party’s advantage to support from one party’s advantage to another’s.another’s.• major policy change ensues and new major policy change ensues and new party coalitions form.party coalitions form.

Critical Elections in US Critical Elections in US HistoryHistory

Most Recent Realignments• Civil War – Republican Dominance• Election of 1876/1896 – Laissez-

Faire Republican Realignment.• 1932-68 – New Deal Coalition Forms.• Era of Divided Government –

Dealignment; Prevalence of Independents/Partisanship – Today, 2 opposing trends; No Dominant Coalitions. ??????????????????

Third Parties in ElectionsThird Parties in Elections

• Elections of 1912, 1948, 1968, 1992 the winning candidate received a plurality; third party candidate

• Since, the US has single member districts the candidate that receives the most votes wins.

• Parliamentary system – proportional representation.

Mandate Theory of Mandate Theory of ElectionsElections

Electoral Mandate – win by a considerable majority = the people’s support = govern more boldly.

• Election of 1964 – LBJ (61%)• Election of 1984 – Reagan (58%)• Election of 2004 – W

Bush: 62,028,285 (50.7%) Kerry: 59,028,109 (48.3%)http://uselectionatlas.org/RESULTS/index.html

http://pbs-newshour.onstreammedia.com/cgi-bin/visearch?user=pbs-newshour&template=play220asf.html&query=%2A&squery=%2BClipID%3A4+%2BVideoAsset%3Apbsnh121604&inputField=%20&ccstart=1990173&ccend=2761478&videoID=pbsnh121604

Political Parties and Elections RNC and DNC – provide the platform and

funds (hard money) to candidates to run for office.

Party Centered Campaign – run on the issues and ideals of the party (pre-packaged); party identification gives the candidate instant recognition, but less freedom.

Problems: 1. candidate is associated with the failures of the party; 2. less responsive to the public will- bound by Party Doctrine

Not the Current Model

Political Parties and Elections Candidate Centered Campaigns – current

model that stresses how the individual candidate should be packaged; experience, values, character, and issue positions are presented on TV – very expensive . . . Soft Money – money given to political parties; not controlled by the candidate (commercials that don’t say :“Hi. I’m . . . and I approve this message.”)

Candidates compete in an Air War – that centers on personality and issues; rapid response attacks and counterattacks; debates and news coverage provide free air time

Ground War – on the streets; get the vote out

Pro’s and Cons of Candidate Centered Campaigns

Pro’s More responsive to the

public More responsive to local

concerns Easier for newcomers to

compete Candidate has greater

freedom

Con’s Superficial – emphasize

personality and image over issues.

Weaken accountability – blame others rather than assume responsibility as part of a party.

Empower special interest groups that have money to give - Expensive

Money and CampaignsFederal Election Campaign Act (1974)

Initiated Public Financing of Elections- the Presidential Election Fund (Matching Funds provided by the government with strings attached). Led to the “Clean Elections” Movement.

Provided for federal funding in the General Election- in 2004, Bush & Kerry got $75 million.

Limited individual contributions to $1000- in 2002 the amount increased to $2300.

Required candidates to report all contributions and account for how the money was spent.

Created the Federal Election Commission.

FECA Legal Loopholes FECA Legal Loopholes 1.1. Soft Money-Soft Money- unlimited contributions unlimited contributions

to the Party. to the Party. McCain-Feingold Act (2002)McCain-Feingold Act (2002) banned soft money banned soft money

& issue ads 60 days before a general election, & issue ads 60 days before a general election, unless the ad is paid for by a FEC regulated PAC. unless the ad is paid for by a FEC regulated PAC. Created New Loopholes. . . 527’sCreated New Loopholes. . . 527’s

McConnell v. FEC (2003) McConnell v. FEC (2003) said McCain-Feingold was said McCain-Feingold was constitutional in a 5-4 decision.constitutional in a 5-4 decision.

2.2. Political Action CommitteesPolitical Action Committees (PACs)- created by interest groups to (PACs)- created by interest groups to influence policy through campaign influence policy through campaign contributions. contributions.

How will the Tea Party Govern?How will the Tea Party Govern?

““You campaign in poetry, you govern in You campaign in poetry, you govern in prose.” –Mario Cuomoprose.” –Mario Cuomo

Tea Party Sen.-Elect Lee Vows to Vote Tea Party Sen.-Elect Lee Vows to Vote Against Debt Limit Increase | PBS Against Debt Limit Increase | PBS NewsHour | Nov. 8, 2010 | PBSNewsHour | Nov. 8, 2010 | PBS

Political Action Committees Political Action Committees The Sky’s the Limit for the Amount PAC’s can The Sky’s the Limit for the Amount PAC’s can

Spend Spend Buckley v. ValeoBuckley v. Valeo: : $$ = = SpeechSpeech PAC’s act independently of the candidate.PAC’s act independently of the candidate. PAC’s must register with the FEC.PAC’s must register with the FEC. 527’s527’s are like PAC’s, but don’t register with the are like PAC’s, but don’t register with the

FEC (non profit – register w/IRS) & can receive FEC (non profit – register w/IRS) & can receive unlimited soft money contributions.unlimited soft money contributions.

Examples of 527’s in the 2004 Election: Examples of 527’s in the 2004 Election: Swift Swift Boat Veterans for TruthBoat Veterans for Truth & & MoveOn.org.MoveOn.org.

Campaign Cash: How Are Political Donations Campaign Cash: How Are Political Donations Being Spent This Year? | PBS NewsHour | Sept. Being Spent This Year? | PBS NewsHour | Sept. 21, 2010 | PBS21, 2010 | PBS

Citizens United v. Federal Citizens United v. Federal Election Commission Election Commission 20102010

Rules that corporations may spend freely to support Rules that corporations may spend freely to support or oppose candidates for president and Congress. or oppose candidates for president and Congress. The court overturns Austin v. Michigan Chamber of The court overturns Austin v. Michigan Chamber of Commerce, saying that “the expenditure ban Commerce, saying that “the expenditure ban invalidated" in invalidated" in Buckley v. Valeo Buckley v. Valeo applies to applies to corporations and unions, not just individuals. The corporations and unions, not just individuals. The ruling does not affect prohibition on direct ruling does not affect prohibition on direct contributions to candidates from corporations and contributions to candidates from corporations and unions or the McCain-Feingold restrictions on soft unions or the McCain-Feingold restrictions on soft money.money.

Changes in the Way Corporations Changes in the Way Corporations and Unions Can Finance Campaigns and Unions Can Finance Campaigns

Citizens United v. FECCitizens United v. FEC (2010) (2010)Outside Groups Spend Big on Campaign Ads | Outside Groups Spend Big on Campaign Ads |

PBS NewsHour | Oct. 11, 2010 | PBSPBS NewsHour | Oct. 11, 2010 | PBSHow Does Outside Money Flow Into Campaigns? How Does Outside Money Flow Into Campaigns?

| PBS NewsHour | Nov. 2, 2010 | PBS| PBS NewsHour | Nov. 2, 2010 | PBS Changes in the Way Corporations Can Finance Changes in the Way Corporations Can Finance

Campaigns - Graphic - NYTimes.comCampaigns - Graphic - NYTimes.com Lobbyists Get Potent Weapon in Campaign Lobbyists Get Potent Weapon in Campaign

Finance Ruling - NYTimes.comFinance Ruling - NYTimes.com Justices Overturn Key Campaign Limits.docJustices Overturn Key Campaign Limits.doc