law defines the inviduals rights and obligations the wa citi!ens and government relate "arl Sstems of Law Code of #ammurabi is the ealierst collection of laws assembled b #ammurabi $%ing of &ablonia' spelled out punishments 1( commandments found in the bible is another set of earl laws $some parts are reflected in our own law' )ur Legal #eritage laws that govern our lives*protect rights are conational law+ statutor law+ administrative law+ common law+ and e,uit come from man sources $federal*state*administrative agencies*court decisions' Constitutional Law establishes our countr as a representative democrac+ outlines structure of our government and set forth basic rights applies to all americans*is supreme law of the land $standard which all other laws are -udged both federal*state appl use provisions from constitution to ma%e decisions state constitions were firt written spell out governmental arranegements*rights of citi!ens because state constitutions are easier to amend than ./S consittiion the relfect popular concerns easier 0state courts loo% at cases involving state constition $usuall adopt ./S supreme court rulings on ./S as a guide to interpert their own constition 1do not have to2' State courts ruling on their own state constition ma be appealed to ./S supreme court if the state constition*court violates the ./S constition Constitional law deals w* branch of law w* formation+ construction+ and interperation of consittions decide the limits of the governments power and the rights of individuals ./S supreme court decisions are the mian sources of information about the meaning*intepertation of the ./S*state constition $ma deal w* civil law or criminal law' Statutor Law Statute is a law written b a legislative branch of government $congress*state and local legislative bodies write such laws' 0ma limit citi!ens behaviors $set speed limits' also source of rights*benefits $social securit chec%*drivers license' man federal court decisions deals w* statutor law and supreme court interpert stautor laws $determines what a statue means or if deprives a person of a constitional right' Stautor law is based off the ancient romans $idea of written law' Administrative Law administrative law spells out the authorit and procedures to be followed b administrative agencies that run the government programs*provide services as well as rules*regulations man distractive laws deal w* problems of fairness and due process $man agencies regulate peoples behaviors or provide*den government benefits' disputes arise wehter agencies have acted fairl Common Law 3case law4 law made b -udges in the process of resolving individual cases when ou use past cases or earlier precedents to interpert laws $origin of stare decisis 3let the decision stand4' ",uit sstem of rules b which disputes are resolved on the ground of fairness in medieval tiems rivaled common law+ officie of oal official $the chancellor' became a court that represented a %ings consioicness and evelope the theor of e,uit would re,uire action beong the pament or even stop a wrong doing because it occurred $can prevent an action li%e a neighbor building a fence across our propert' e,uit and common large have merged and a single court can admisnter both sstems Legal Sstem Principles 5 ma-or princiapls undelier the operation of both federal*state courts: e,ual -ustice under the law+ due process of law+ the adversar sstem of -ustice+ and the presumption of innocence ",ual 6ustice .nder the Law goal of the american court sstem to treat all persons ali%e grants all americans right to a trial b a -ur of ones peers $5 to 7 th amendment show specific guarantees' Due Process of Law realted to e,ual -ustice has a substantive and a procedural part Substantive Due Process shorthard for certain rights $some specified in constition li%e free speech' $and other not specified b right of privac in personal decisions' 5 th and 5 th amendment contain due process principals 0laws that have been found to violate substantive due process are: 1' law that limits dwelling to onl single families $no grandparents' 8' law that prevents female teacher from returner to wor%er sooner than 9 months after the birth of her child 9' law that re,uires all children to go to public school and not private school Procedural Due Process involes cases about the wa a law is administrated involves procedural due procress prohibits arbitrar enforcement of the law gives safeuards intended to ensure that constitional*statutor rights are protected b law enforcement at basic level procedural due process re,uires 1' notice to a person he*she is doing something wrong and that the governmet intends to ta%e specific action that will affect the person 8' giving the affected person the right to respond or to be heard concerning the accusation of wrong doing :he Adversar Sstem courtroom is an 3arena4 in which lawers for the opposing sides tr to preent their strongest ases e;pected to do all that is legall permistaable to advnce the cause of his*her client -udge has an impartial role and is to be fair Presumption of <nnocence accused is innocent until proven guilt burden of proving an accusation against a defendant falls onto the prosecution $defedent does not have to prove his*her innocence until prosecutionn proves the accusation the court must declare defendant not guilt'
Section 8: Civil Law deals with disputes amount two or more individuals*between individual and government arise if one part believes it has suffered an in-ur b another part $or to prevent a harmful action form occurring' :pes Civil Law civil law affects everthing =our most important: contracts+ propert+ famil relations+ and civil wrongs that causes phsical in-ur or in-ur to propert $torts' Contracts is a set of voluntar promoses enforceable b law between parties who agree to do*not do something 0in e;pressed contract terms are specificall stated b the parties $usuall in writing' 0implied contract stated bu can be tinferre from the actions of the people involved and the circumtances in a valid contract all parties to a contract must be mentall competent and generall of legal age cant be illegal must include an offer+ acceptance+ and a consideration 0a offer is a promise that something will*will not happen li%e one part+ the auto shop will repair our car for >5(( the other part must accpt the offer made b the auto shop to fi; the car+ which is an acceptance parties must give some form of consideration must give+ e;change+ perform+ or promise each other something of value $man civil suits over this' Propert Law deals with the use and ownership of propert real propert is defined b the court to be land and whatever is attached to or growing on it $house*trees' personal propert includes moveable items $-ewelr*clothes' and intangible items $bonds*stoc%s' =amil Law deals w* relationships amoung famil members $marriage*divorce and custod issues' each state has individual famil law in america marriage is a civil contract entered b both parties :orts and Civil ?rongs tort is an wrongful act other than a brach of contract in which the in-ured part has the right to sue for damages in civil court those responsible for damages cuased to someones propert ma be sued b the part suffering the damage*in-ur $who ma also see% punitive damages 1mone2 and also punish part for causing the in-ur' two ma-or categories of torts intentional torts involves a deliberate act that results in the hard to a person*propert $li%e assault' personal ma be liable for actions $li%e practical -o%e' that wasnt meant to cause harm but did negligence is another %ind of tort w* careless and rec%less behavior 0a person is negligent when he*she fails to do something a reasonable person would have done Steps in Civil Case civil cases are lawsuits plaintiff is a person who brings charges in a lawsuit $called the complaint' person that the suit is brought against is the defendant plaintiff in a civil case usuall see%s damages and if court decides in the favor of the plaintiff the defendant must pa the damages to the plaintiff defendant is also re,uired to pa court fees if court decides in favor of the defendant the plaintiff must pa all the court costs and of course receives nothing from the defendant in casing involving e,ui the plaintiff ma as% the court to put an in-unction $court order that forbits a defendant to ta%e*contrinue a certain action lawsuits are used to settle such disputes time consuimg*e;pensive*has certain steps #iring a Lawer a person needs a lawer to start a lawsuit ma wor% for a contingenc fee $1*5 th to @ of total mone won or wor% of an hourl fee' no fee is paid if the plaintiff loses the cases but the paintif pas for the cost of the suit $coping charges*fees for invesitagors*special e;perts' =iling the Complaint plaintiff sets forth the charges against the defendant in a complaint $legal document filed w* the court that has -uridiction over the problem' it tells what the issue is to the defendant $what he*she did wrong' so a defense can be mounted defendant gets a summons $official notice of lawsuit w* date*time*place of initial court appeareance' defendants lawers ma file a motion to dismiss $as%ing court to end the suit' if court denies this motion the defendant must file an answer $formal response to charges in complaint within a time limit' defendant might also file a counterclaim $lawsuit against the plainstiff in which the defendant pas plaintiff did something wrong' Pretrial Discover occurs when both sides prepare for trial b chec%ing facts*gathering evidence to support their case 0attornes and private invesgtiatiors in ma-or cases ma interview witnesses*e;amine records*photos*file motions against the other side Aesolution ?ithout :rial most civil lawsuis are settled before trial 0 either part in lawsuit ma propose a settlement during the trial at a pretrial confereance parties can tal% things over court ma re,uire*encourage parties to settle their dispute outside of courts in mediation each side is given the opportunit to e;plain its side of the dispute*listen to the other side 0trained mediator conducts the session b acting as the nuetral part*promotes communication does not decide issue parties does this w* mediators help parties ma submit their dispute to arbitration process is conducted b a professional artbitator who acts li%e a -udge b reving evidence*deciding how the problem will be settles $usuall binding' :he Award courts have man options in resolving cases*-udges have more power to ad-ust decisions made b -uries when plaintiff wins the court awards damages+ in-unctive relief+ or both 0in-unctive releif $from idea of e,uit' is a court order to prevent a future act damages awarded can be more or less than what plaintiff re,uested the loser ma appeal*refuse to pa damages if defendant refuses to pa the plantiff must get a court order to enforce the pament of damages in one of deveral was $ta%ing mone out of defendants pachec%*sei!ing and selling defendants assets' Small Claims Court these courts hear civil cases dealing w* collecting small debts*propert damage $randing from >1+((( to >5+(((' depending onstate plaintiffs w* larger claims can waive the amount of their claim and stiff use these courts $cannot recover more than the limit' most courts have simple forms to complete in order to file a complain no lawers are re,uired plaintiffs bring evidence of their claim to court*are as%ed to e;plain their case in nonlegal terms evidence ma include testimon from witnesses or their affidavits $written testimon from witnesses to prove statements of fact that have vee signed b the witness under oath before a magistrate or notar' -udge hears case and gives a legall binding decision $if defendant fails ot appear the plaintiff usuall wins b default for amount of claim'
Section 9: Criminal Law government charges someone w* a crime and is alwas the prosecutoin defendant is the one accused of a crime crime is an act that brea%s a cirminal law*cause sin-ur to people*societ criminal -ustice sstem is the sstem of state and federal courts+ -udges+ lawers+ police and prisons responsible for enforcing criminal law :pes of Crime each state has its own penal code*written laws that spell out what constitutes a crime and the punishments that go with it crimes ma be classified as pett offenses+ misdemeanors or fealonies Pett )ffenses involves minor crimes $par%ing illegall*literring*brea%ing speed limit' people people commit pett offenses the receive a tic%et*citation $not arrested' if not challenged the ma onl have to pa a fine Bisdemeanors more serious crimes $vandalism+ simple assault+ stealing e;pensive items+ being drun%*disorderl' ma be fined*sentences to -ail $a ear or less' =elonies serious crimes $burgarl+ %idnapping+ rape+ fraud ect' are punishable b imprisonment for a ear or more in case of murder it could be death ma also lose certain civil rights $right to vote*posses firearm*serve of -ur' also loose emploment opportunities' Steps in Criminal Cases man steps involved at each step defendants are entitled to protections of due process guaranteed in the bill of rights prosecurtor+ government lawer w* the responsibilit for bringing*proving cirminal charges against a defendant $must prove beond a reasonable doubt to -udge*-ur the defendant violated a law' <nvestigation and Arrest criminal cases ma behin when police believe a crime has been commited aand start an investiagtion to gather enough evidence to convince a -udge to give them a warrant to aresst someone a valid arrest warrant must list suspects name*alleged crime $ma occur without a warrant is police catch someone in the act of cmmiting a crime*have reasonable suspicion' arrested person is ta%en to a police station where charges are recorded*4boo%ed4 <nitial Appearance whenever someone is arrested he*she must be brought before a -udge as ,uic%l as possible $before 85 hours' to be formall carged with a crime' -udge e;plains the charges to defendants*reads persons rights if charge is a misdemeanor the defendant ma plead guil and -udge will decide a penalt if defendant pleads not guilt a date is set for a trial if a crime is a felon the defendant is as%ed not to enter a plear -udge sets a date for a pleminar hearing and a process debating merits of charges starts a suspect can be relased or 3held to answer4 ma be relased if th e-udge thin%s the person is a good ris% to return to court for trial or -udge ma re,uire bail $sume of mone the accused leaves with the court until he or she returns to trial' according to 7 th
amendment the amount of bail must match severit of the charge $cannot be e;cessive' Preliminar #earing or Crand 6ur ne;t step varies from state to state and federal government in federal courts* man state courts+ cases will go to grand -ur $group of citi!ens who review the prosecutions allegations in order to determine if theirs enough evidence to given an indictments 1formal criminal charge2' grand -ur hearings are conducted in secret and ma consider trpes of evidence not allowed in trials $defendants are not entitled to have an attorne to represent them' if a preliminar hearing is used instead the procesution presents its case to the -udge and the defendants lawer ma also present certain %inds of evidence on behalf of the defendant if enough probabl cuase it will move to the ne;t step $if not enough evidence chargs will be dropped' toda in midneanor cases*felone cases coruts use an information rather than a grand -ur indicement information is a sworn statement b the prosecution aseeting that there is sufficient evidence to go to trial Plea &argaining most criminal cases comes to an guilt plea w* plea bargaining in pretrial process the prosecutor+ defense lawer+ and police wor% out an agreement through which defendants plead guilt to a lesser crime in return for the government not prosecuting the more serious crime w* which the defendant was originall charged in Santobello v/ Dew Eor% court said plea bargaining was allowed Arraignment and Pleas after indictment b a grand -ur*preminar hearing*information ne;t step is arraignment where the -udge reads the formal charge against the defendant in an open courtroom defendant is represented b an attorne $-udge ma as% ,uestion to ma%e sure person understands the charges*the process' -udge as%s if the defendant pleads guilt or not gult defendant can enter one of four pleads $1' not guilt $8' not guilt b reason of insanit $9' gult and in some states $5' no contest $nolo contendere' in pleaning this the defendant indirectl admits guilt does not go on the records as a guilt plea if defendant pleads guiltl or nolo contendere he*she has given up right to a defense $-udge then decides a punishment' is plea is not gult there must be a trial*court date is set
:he :rial the F th amenemnt guarantes defendants should not have to wait a long time before their trial starts courts are crowded and long delas are common defendants accused of a felon have a right to choose between a -ur trial or one head onl b a -udge $bench trial' in a bench trial the -udge hears all the evidence and determines guilt*innocence e;perience shows that -udges are more li%el to find defendants guilt than -uries -ur is a group of citi!ens who hear evidence during a trial in order to decide gult*innocence prosecuting*defense attornis selec -uors from a large pool of residents within the courts -urisdiction both sides avoid -urors who might tbe unfavorable to their side when -ur*alternate -urors have been selected the prosecution present sits case against the defendant withness are claled*evidence is presented defense attorne has the right to crossGe;amine prosecution witnesses*also can ob-ect to statements*actions b the other side ne;t defense has its turn and ma call witnesses $prosecuting attorne has right to crossGe;amine them' under the 5 th amendment defendants do not need to restif and refusal to testif cannot be ta%en as an admission of guilt attornes for both sides present closing arguments that summari!e their cases*repond to oppositions case :he Decision after closing arguments -udge gives the -ur a set of insticitons of proper elgal procesures and e;plains the law that the -ur is re,uired to appl to the facts brought out at trial -ur members then go to a -ur room to decide if he defendant is guilt or not guilt -ur selects a forperson to lead their discussions*serve as their spo%esperon -ur deliberations are secret*have not set time limit to decide a person guilt the -ur must find ecidence convicning 3beond a reasonable doubt4 nearl all convictions re,uire a unanimous vote for a verdict $decivion of gult' if -ur cannot agree on a verdict $hung -ur' court declares a mistrial and a new trial w* another -ur ma be scheduled later Sentencing if verdict is not guilt defendant is released immediatel w* few e;ceptions cannot be tried for the ame crime if verdict is guilt the -udge determines the setences $punishment to be imposed on offender' ma be fine*imprisonment toda victem of crimes can ma%e statements about the sentence which can be ta%en into acount law usuall sets liminum and ma;imum penalties for various crimes and -udges chooses a punishment from within those ranges w* a serious rime -udge ma hold hearings in order to consider a defendants bac%ground*other circumantances $re,uired in death penalt cases' people convicted of misdeameanors*felonies have right to appeal to a higer court
Chapter 1F: Development of Political Parties
Section 1: Parties and Part Sstems Parties and Part Sstems a political part is a group of people w* broad common interests who organi!e to win elections+ control government+ and thereb influence government policies )ne Part Sstems <n this sstem the part is basicall the government deicsions of part leaders set government polic in oneGpart nations political differences arise onl within the part itself $government doesnt allow opposition' usuall found in nations w* autoritarian governments such parties come into power through force such in communicst countries also e;ists outside communist nations $li%e iran' where religious leaders dominate government $%nown as a theocrac' Bultipart Sstems in nations that allow more than one part parties in this sstem represent a widel differing ideologies $basic beliefs about government' in this sstem one part rarel gets enough support to control the government several parties combine forces to obtain a ma-orit and form a coalition government when parties w* different ideologies share power coalitions often brea% down w* disputes :woGPart Sstems two parties mainl compete for power $minor parties e;ist' li%e in .nited States Crowth of American Politics man founders didnt li%e the idea of political parties $li%e Badison*?ashington' $federalist H called for a central government while democraticGrepublics believed that states should have more power than the central government' Parties &efore the Civil ?ar after federalist elected 6ohn Adam the ,uic%l faded+ 6efferson $democraticG republican' led the wa in 17(( and the part dominated for a while $conflicts over ban%ing+ tariffs+ and slaver occurred' when 6ac%son won 1787 presidenc the democraticGrepublicans were splitting into 8 parties 6ac%son became the what is %nown as the democracts while the other called itself the Dational Aepublicans $?higs' 175(s debate over slaver created divsions in both parties democrats split between northern and soutern factions whigs -oined a new part that opposed the spread of slaver $republican part' Parties After the Civil ?ar b the end of the civil war $8' parties dominated $republicans remained th ma-orit part from civil war into 8( th centur+ democrats held office for 5 terms from 17F(G1I98' Parties in the Creat Depression and After 1I98 democrats won white house and control og congress for about F( ears democrats were th ma-or part+ starting from 1IF7 republicans control the white house for F of the ne;t I presdeital terms/ after their loss to Clinton the too% both houses of congress for 1 st time in 58 ears :he Aole of Binor Parties a third part is an part other than the two ma-or parties in an elections there ma be more than one part against the ma-or parties $each is named a third part since the rarel win' third part runs because the believe neither ma-or aprt is meeting certain needs :pes of :hird Parties 0minor parties usuall fall into one of the three categories SingleG<ssue 0usuall focuses e;clusivel on one ma-or social+ economic+ or moral issue $</e: libert part*free soil part formed to ta%e a stronger stand against slaver than ether ma-or part' short lived $fade awa w* issue or if a ma-or part adopts the issue' <deological focuses on overal change in societ rather than an issue $li%e socialist labor part*communist part*libertarian part' Splinter splits awa from one of the ma-or part because of some disagreement usuall results from the failure of a popular figure to gain the ma-or parts presidential nominaton $tpicall fade awa w* the defeat of their candidate' :he <mpact of :hird Parties minor parties influence the outcome of national elections some third parties promote unpopular*hotl debated ideas which ma be later adopted b a ma-or part )bstacles to :hird Parties minor parties face difficulties getting on the ballot in all 5( states names of republicans and democrats are automaticall on the ballot in man states but 9 rd part candidates are re,uired to obtain a large J of voter signatures in a short term another problem is that most elected officials in ./S are selected b a singleGmember district Single Bember Districts under this sstem no matter how man candidates compete in a distirct onl one will win because most voters support a ma-or part the winner will generall be a democrat or a republicans Proportional Aepresentation man nations use this sstem+ where several officials are elected to represent voters in an area officers are filled in proportion to the votes that each parts candidates receive $encourages minor parties' another problem is financing third part campaigns $need a lot of mone' americans do not fund such parties $less li%el to win' third parties tr to appeal to voters in certain regions of the countr*certain groups in societ $must plant political roots in all parts of the countr'
Section 8: Part )rgani!ation political parties need volunteers to suceed at the local+ state+ and national level to deal with the daGtoGda wor%ings of the part Bembership and )rgani!ation Part Bembership in man states citi!ne smust declare their part preference when the register to vote -oining a political part is not re,uired $ma be listed as an independent' when people -oin a part the do so because the support its idea*scandidates the two ma-or parties are open and welcome whoever wishes to belong*accepts whatever degree of involvement these individuals choose members have no obligations*duties beond voting some citi!ens can become more involved in the political process ma support a part b contributing mone or b doing volunteer wor% for the part*its candidates one must be a part member in order to hold office in a part*be its candidate for public office part memberships gives citi!ens a wa to increase their influence on government parties depend on citi!en involvement Local Part )rgani!ation Precinct ?ard basic local unit is the precinct a voting district $from a few voters to thousands' all whom cast balots at the same polling place in a precinct each part has a volunteer precinct captain who organi!es part wor%ers to distribute information about part*candidates to attract voters to the polls several ad-oining precincts comprise a larger district $ward' part members in each ward select a person to present the ward at the ne;t part organi!ation $parts count committee' count committee selects a chairperson to handle count parts affairs part countr chairperson has great political power in the count $determines which candidate gets parts support' $if states governor or .nited States senators is from the same part the se% recommendation from countr chairpersons when appointing -udges*administrative officials' local partes due to nature of memberships is the wea%est lin% in the organi!ational chan
State Part )rgani!ation composed largel of representatives from the parts countr organi!ation state central committee chooses the part state chairperson committee generall follows the wishes of the govnorer+ a ./S senator or some other part leader powerful in state politics 0main function of state central committee is to help elect parts candidates for state government oficers Dational Part )rgani!ation has two main parts national convention and the national committee 0national convention is a gathering of part members*local and state part officials $meets ever 5 ears' to nominate the parts presidential*vice presidential candidates 0between conventions the national committee is a large group made up of representatives from the 5( state part organi!ations runs the part 0some members of congress and some state*local elected officials ma sit on the national committee $as other selected part members' part national chairperson is elected b the national committee manages the dail operation of the national part usuall person selected is the choice of the parts presidential candidate national chairperson also raises mone for the part*touts achievements*promotes nationa*state*local part cooperation both democrats*republicans also have independent campaign committees for congress the provide assisatance to senators*representatives running for reelection each parts committee also provides resources to help challenegers defeat senators and representatives from the other part Political Part =unctions political parties are an essential part of americas democratic sstem through election process people select the officials who will governm them political parties perform several important functions Aecruiting Candidates political parties see% people who have a good chance of bening elected+ selecting candidates for public office and presenting them to voters for approval is the ma-or function of political parties 3election oriented4 "ducating the Public part publishes its position on important issues from inflation*ta;es*energ*enviroment in phamlets*press*radio 0republican*democratic part national organi!ations as well as third parties have websites to raise mone for candidates*%eep supporters informed sometimes ma-orit part candidates feel safer attac%ing opponents views than stating their own man americans are not well informed about importna tissues*bac%ground of candidate but political parties simplif elections b helping people decide how to vote $support a candidate -ust because he*she is a democrat*republican and voter %nows how the candidate will stand on %e issues' )perating the Covernment political parties pla a %e role in running*staffing government congress*state legislatures are organi!ed and carr on wor% based on part affiliation part leaders in legislature ma%e ever effort to see their members support the parts position when considering legislation part lin%s legislature and chief e;ecutive who wor%s through his*her part leaders in the legislature to promore the administrations program Dispensing Patronage political parties give patronage+ favors to reward part loalt to other members $-obs*contracts*appointments to government positions' business interest donate and e;ptect the government to be smphathetic to their problems if the part comes into power :he Loal )pposition part out of power in legislative*e;ecutive branch assumes role of 3?atchdog4 over government observes the part in power+ criti!es it+ and offers solutions to political problems Aeduction of Conflict conflicts are inevitable to win an election political part must attact support from man different groups part encourages groups to compromise*wor% together $not anmore' parties encourage government to adopt moderate policies w* mass appeal also peacefull transfer of power from one part to another
Section 9: Dominating Candidates #ow Candidates Are Selected four ma-or modes 1' caucus 8' nomination convention 9' primar election 5' petition Caucuses are private meetings of part leaders chose nearl all candidates for office in modern caucuses the part rules re,uire openeess w* selection process starting at the local level selecting delegates starts at local level to state level $used in 1I states' Dominating Conventions is an official public meeting of a part to choose candidates for office local part organi!ations send represenatives to a countr nominating convention that selects candidates for count oficers*chooses delegates who will go to state nominating convention which select candidaties for statewide office*choose delegates who will go to the national convention power flows upward from the people became increasingl undemocratic powerful part leader $bosses' chose deletgates*controlled conventions led to a primar election as the method fo selection at state*local levels Primar "lections Direct Primar )pen and Closed Primaries Pluralit Aunoff most commonl used method an election in which part members select people to run in the general election 0two tpes of primar elections are held most states hold closed primar n which onl members of a political part can vote in an open primar all voters ma participate even if the do not belong to the part but the can vote in onl one parts primar primar elections are conducted according to state law*held at regular polling places -ust as general elections each state sets the date*provides balotss and people to supervise election*counts votes most states candidates need more votes than another candidate to win $pluralit' some states if no candidate receives a ma-orit a runoff primar is held runoff is with two candidates who had the most votes in the firs primar person who wins becomes parts candidate in the general election
Petition a person can announce his*her candidac and files a peittion that a specified J of voters have signed in order to be placed on the ballot some states re,uire all candidates to file a peittion in primar contest partGbac%ed candidate has an advantage because part wor%ers can circulate petitions $part also sues financial*organi!ational resources to bac% its choice' Presidential Dominations each ma-or part gathers in -ul*augut for a national convention+ elected*appoint delegates from the states and territories attend the convntion and select a tic%et $candidate for president*vice president' that will win in the Dovember general election :he #istor of Presidential Dominations before national nominating conventions congressional caucuses chose presidential candidates+ 17((G1785 congressional leaders from each part met in secret and selected their parts tic%et in 1785 6ac%son made causus sstem an issue he discredited the caucus sstem and led to the eventual adoption of the nominating convention 0antiGmason part held the first national convention in 1791 since 1798 a convention of part members has chosen ma-or part presidential candidates b 1I1F almost @ of tates were choosing convention delegates in presidential primar elections 0for ears citi!ens voted in a presidential primar the reall chose amoung groups of part members pledged to support specific candiates $the group pledged to the winning candidate became the states delegation to the national convention' b 1IIF presidential primaries e;isted in 55 states and were part of the selection process for about 9*5 th of the delegates to the two national conventions
Presidential Primaries :oda operate under a wide varit of state laws each part fre,uentl changes its rules regarding delegate selection even in the same state each parts primar ma operate under different procedures 0follow $9' gnerali!ations can be made 1' the ma be a delegate selection process or a presidential preference poll 8' either the candidate who wins the primar gets all the states convention delegates $3winner ta%es all4' or each candidate get delegates based on how man popular votes he or she receives in the primar 9' delegates selected on the basis of the popular vote ma be re,uired to spport a certain candidate at the national convention or the ma be uncommitted man presidential primaries were winner ta%e all but democrats now use proportional representations in which a states delegates must represent the candidates in proportion to the popular vote each receives in the primar once a certain threshhold is reached $republican allows winnerGta%eGall and proportional' some states hold 3beaut contst4 where preference polls show which candidates voters li%e to be a nominee and caucuses later choose the actual delegates Criticisms of Presidential Primaries primaries e;tend over too long a time in an election ear 1 st primar held in =ebruar and the last in -une $see%ing a parts nomination is long*costl*e;hausting' ma%es the image of the candidate more important than the issues few people vote in primaries if ou win earl primaries it helps some states have created regional primaries $if ou lost on these ou had almost no chance of becoming our parts nominee' primaries eliminat man oppoents and ma result in oneGsided conventions :he Dational Convention national commiteee staff prepares for convention held in late summer PreGConvention Planning national comitte of each ma-or part chooses the site*date after choosen the national committee tells each state part organi!ation how man votes the state will have at the convention Assembling the Convention from across the countr thousands of delegates assemble in the convention cit when delegates arrive man have alread pledged to a candidate $others not' candidates activel woo these uncommitted delegates candidates hold news conferences part chairperson cals the opening session to order evening of open da mar%s the %enote speech an address b an important part member intended to unite the part for the coming campaign delegates then approve the conventions four standing committees $rules and order of business+ credentials+ and platofrm*resolutions' conflicts arise w* committee reports Aules Committee governs the wa its convention is run proposes rules for convention procedure and sets the convnetions order of business 0delegates must approve an proposed changes in the rules of the last convention Credentials Committee must pprove the delegations from each state disputes arise over who the proper delagtes are it is up to the creditals commite to determine which delegates should be seated Committee on Permanent )rgani!ation selects the permanet chairperson and other officials for th econvention after it reports the delegates elect the permanent convention officials hwo ta%e daGtoda control of the convention from temporar officials Platform Committee is assigned to writing the parts platform $statement of its principles+ beliefs+ and positions on vital issues and what the part intends on doing on thee issues' individual parts of the platform $called plan%s' ma divide delegates Dominating the Candidates after each committee report is adopted it is time to select the parts candidate for president nominating speech for each candidate sets up demonstration after speechs are made balloting starts the convention chairperson instructs the cler% to read the alphabetical roll call of the states and the chairperson of each state delegation calls out the delegates votes candidate w* ma-orit votes becomes the parts nominee if not candidate does then further roll calls must be ta%en until one candidate wins a ma-orit :he KiceGPresidential Domination normall ta%es place on the last da of the concention creates suspense usuall parts presidential nominee selects a running mate and the convention automaticall nominates the person chosen sometimes is chosen to balance the tic%et $he*she has a personal*political*geographic bac%ground different from the presidential nominee' Ad-ournment w* nomination of the presidential*vice presidential candidates convention is almost done ma-or nominees appear before deleates and ma%e their acceptance speech GG/ <ntended to bring the part together $attac% oposition and ot sound a theme for the upcoming campaign*appeal to a national television audience'
Chapter 1L: "lections and Koting national elections select all represenatatives and 1*9 of senators ever two ears 0senators*representatives must raise funds candidates for the highest office must have access to hundred of millions of dollars to run their campaigns Section 1: "lection Campaigns "lecting the President candidates for president begin organi!ing a ear before the election primar races in spring narrow the field of candidates following the national convention the presidential campaigns become intense and end on election da $first :uesda after the first Bonda of Dovember' $note final 7 wee%s for a presidential campaign is fren!ied' "lectoral Kotes and the States to be elected president a candidate must win atleast 8L( of the 597 available electoral votes total electoral vote H number of represenatives and senators from all the states M 9 votes from washingtom $each states electoral vote is the total J of its senators M represenatives' candidate who wins greater J of popular votes in an state usuall receives all of that states electoral votes candidate must pa attention to state w* large poplations $larger the population the more electoral votes' $11 largest states has 0 8L( electoral votes' Campaign Strateg plan how to capture %e states $attac% opponent or a more low %e campaign*sloganN :hemeN' Campaign )rgani!ation heading the organi!ation is a campaign manage who is responsible for overal strateg and planning in the national office individuals handle relations w* televisions*radio*print media and manage finances*ads*polls on state*local levels the state part chairperson coordinates a campaign local part officials*field wor%ers contact voters*hold rallies*distribute camapign literature .sing :elevision main wa man citi!ens find out how a campaign is progressing image voters have of a candidate is e;tremel important political commercials*television appearances help shape a candidates image also used in debates .sing the <nternet used to raise mone and a campaign website to inform potential voters =inancing "lection Campaigns ver e;pensive to run candidates need mone for manthings $candidates ma need to give special favors to contrubutors rather than represent all voters' Aegulating Campaign =inancing federal election campaign act $="CA' and its aemndments provide the framewor% governing campaign financing re,uire public disclosure of each candidates spending*provide federal finding for presidential elections*prohibit labor unions and business organ!iations from ma%ing direct contributions and limit how much individuals*groups can contribute :he ="C 1IL5 amendment to ="CA created the =ederal "lection Commission $="C' independent agenc of the e;ecutive branch to admisnter federal election laws records of camapaign contributions must be %ep and al contibutions over >1(( must be reported to ="C 1ILF supreme sourt ruled individuals ma have restrictions in contributing an overal limit on the total cost of a ampaign was unconstitutional Public =unding 1IL5 campaign finance law established public funding presidential candidates ma accept federal funding from the presidential election campaign fund for the primar camapigns*general election but must agree to limit their total campaign spending from 1ILFG8((5 ma-or part candidates accepted these funds for general election $third part candidates can receive federal funds if their part received atleast 5O of the vote in the previous election' Private =unding bul% of campaign funding comes from private sources ="CA limited direct donations to a candiate b an individual to >1+((( direct donations to candidates ma come rom political action commiteers $PACs' established b interest groups to collect mone*providde financial support to favored candidates or political parties PACs are limited b ="CA in how much the an donate directl to an single candidate*one election ccle political parties have found loopholes in ="CA one method to bpass limits on campaign spending is issue advocac advertising paid for b interest groups urges voters to support a particular position on isues $gun control*healt cre' do not as% people to vote for or against a candidate but often contain a candidates name or image used to support someone*target others ="CA placed no limits on this .nder BcCain and =eingold who spondered :he &ipartisan Campaign Aeform Act $&ACA' targeted the use of issue advocac adveritsing and the use of soft mone to national political parties soft mone dontions were contributions given directl to a political part b PACs or individuals for generla purposes $voter registration drives*part mailings*ads' mone used to benefit campaigns of candidates $without ever giving mone diecl to the candidate' ="CA placed no limits but &ACA banned all softG mone donations to political aprties $&ut raised limit for individuals to >8+(((' prohibited unions*corporations*non profit groups from running ads aimed at a candidate within 9( das of a primar election $F( das witin general election' Campaign Law and the <nternet ="C ruled that the election web site operators must identif themselves online website operating interdentall of official campaigns must be registered w* the ="C if the spend >85( or more on the site $including cost of computer*software*internet connection' ma receive contributions electronicall but must follow established reporting procedures
Section 8: ";panding Koting Aights voting is a right and is needed for a democrac right to vote is suffrage 17 earsM general can vote but this right to vote is not absolute and is sub-ect to regulations*restrictions "arl Limitations on Koting before the american revolution womena nd msot African americans could not vote and neither could white males who did not own propert*pa ta;es also some members hwo were not part of the dominant religious group $so 5GFO of population voted' educated men did not believe in a mass democrac during first @ of 17((s state legislatures abolished the propert re,uirement*religious restrictions for voting and b mid 17((s the countr had achieved universal white male suffrage ?omanPs Suffrage fight for woman suffrage dates to mid 17((s and these groups grew in J as time passed b 1I15 the won the right to vote 11 states $all west of missimmpi' not after ??< was the 1I th amendment ratified and woman suggrage put into effect nationwide African American Suffrage at the signing of the constition both enslaved*free Africans americans were 8(O of the population enslaved were not permitted to vote and free were in some states :he =ifteenth Amendment amendment provided that no state can deprive an citi!en the right to vote 3on account of race+ color+ or previous condition of servitude4 first time national government set rules for voting Crandfather Clause southern states set up roadbloac%s to limit*discourage participation of African american voters grandfather clause provided that onl voters whose grandfathers had voted before 17FL were eligible to vote without paing a poll ta; or passing a literarc tet since the grandfathers of most southern Africans americans were slaves it prevented them from voting declared unconstitional in 1I15 Literac :est southerns used literac test to %eep africna americans from the polls most white voters were -udged literate if the could write their name but man African american voters were re,uired to do more Koting rights Act of 1IF5*1IL( outlawed literac test Poll :a; poll ta; was an amount of mone that a citi!en had to pa before he or she could vote had to be paid not onl for the current ear but also for previous unpaid ears $financial buden for poor citi!ens of all ethnic bac%grounds' ta; had to be paid before election da and had to present reciept showing pament before being allowed to vote 85 th amendment outlawed poll ta; in national elections $1IFF supreme court eicsions outlawed state poll ta;' Koting Aights Act 1IF5 voting rights act was one the most effective suggfrage laws ever passed this and later voting rights laws $1IL(*1IL5*1I78' brought federal government into the electoral process in the states 1IF5 law empowered the federal government to register voters in an distirct where 5(O of afican americans were on the voting list government could register voters in districts where local officials were discriminating African americans voting right laws forbade unfair division of election district to diminish the influence of minorit groups law provided for the appointment of poll watchers to ensure the voters of all ,ualified voters were counterd literac test were abolished law re,uired ballots be printed in Spanish and other minorit groups were given the same rights this act increased African american voter registration giving them a more important role in politics :he 8Fth Amendment if ou are 17 ears or older ou can vote
Section 9: <nfluences on Koters $5' ma-or factors influence voter decisions 1' person bac%ground of the voter 8' degree of voter loal to one of he political parties 9' issues of the campaign 5' voters image of the candidate 5' proporaganda to whether to vote on election da Personal &ac%ground of Koters voters personal bac%ground affect their descisions $li%e upbringing+ famil+ age+ occupation+ income level+ or general outloo% of life' Age a senior citi!en would probabl favor a candidate who promised an increase in social securit paments while a ounger voter ma be against $more pa cut from pachec%' and vote against the candidate )ther &ac%ground <nfluences voters education+ religion+ and racial*ethnic bac%ground also affect their attitudes towards candidates African american voter ma support a candidate against discrimination while a -ewish voter ma not vote for a candidate who has resevations about american support of isreal bac%ground is important but not ultimate deicsion ma%er CrossGPressured Koters a reason wh bac%grounds do not lwas forecast how the will vote is crossGpressure crossGpresure voter is one who is caught between conflicting elements in his*her own life $religion*income level*peers' other areas important to voter deicsion ma%ing are campaign issues*personalit of the candidate Loalt to Political Parties loalt to a part influence voting decision ma-orit of americans vote according to their part affiliations Strong v/ ?ea% Part Koters not all voters who consider themselves republicans*democrats support their parts candidates w* same strenght strong part voters are those who select their parts candidates in election after election see part as more important than the issues or candidates in voting booth the usuall vote a straightGpart tic%et $select candidates onl in their part' wea% part voters are more li%el to switch their voters to the rival parts candidates from time to time more influenced b issues*the candidates than the are b part loalt <ndependent Koters thin% for themselves $neither republican*democrat' has increased over the ears and are ver important for elections <ssues in "lection Campaign man voters are not wellGinformed about issues discusse in election campaigns are becoming better informed 0television has brought the issues into almost ever home voters are also better educated current issues seem to have a greater impact on the personal lives of man voters :he CandidatePs <mage -ust as important as the issues if the wa voters precieve the issue and its handling if the believe administration is effectivel dealing with the econom the might reward it with votes $coverse is true' americans want a president the can trust man voters select candidates on image alone candidates must conver the impression of the ,ualitied voters e;pect in a president Propaganda involves using ideas*information*rumors to influence opions not ling*deception but it is not ob-ective uses information in a wa to support a predetermine ob-ective originall used b commericial advetisers but adopted for political camapgins on telvision 3plain fol%s4 is a popular techni,ue since 6ac%son as%s a person to 3-ump on the bandwagon4 followed close behind celeberties give endorsements 03liberal4 and 3conservative4 were first negative terms in a debate cnadiates might 3card stac%4 ,uote onl statistics that support his*her views problems arise when propganda because obviousl misleading can reduce voter participation Profile of Aegular Koters citi!ens who vote regularl have positive attitudes towards government*citi!enship aducation*age*income are important more educated will be more li%el to vote voter regularit also increases w* income Profile of Donvoters Citi!enship Aesidenc Aegistration some citi!ens do not vote because the do not meet state voting re,uirements all states have $9' basic re,uirements: .nited States Citi!enship+ residenc+ and registrationn all states limit voting rights even if ouve lived in this countr for man ears but not formall ./S citi!ens ou cannot vote most states re,uire voters to be resident of the state for a certain period of time before he are allowed to vote before 1IL( residenc was generall 8G9 ears but after voting rights act of 1IL( it became 9( das before an election $some have no period' all states $e;cept Dorth Da%ota' re,uire voters to register*record their names of officiall w* local board of elctions on elction da an election official must chec% voters names voters whose names are on the list sign in b writing their names on the form $used to prevent fraud*dishonest elections' all voter registration is permanent if a voter once registered remains on the list until he*she dies or fails to vote within a J of ears americans are ver mobile and problem arise since the might forget to register to vote again 0voter particpation trends have varied $declined from 1IF( to 8((' fewer americans voted in congressional*state*local elections also in 8((5 voter participation umped 0people want to increase voter turnout suggest shifting voting from :uesda to Sunda another is to allow voters to register on election da some li%e national registration sstem $voter registration follows voter to a new state when the move'
Section 5: Donvoters Current Koting Ae,uirements Citi!enship Aesidenc Aegistration ?h Citi!ens Do Dot Kote Aesidenc and Aegistration Ae,uirements Profile of Aegular Koters Profile of Donvoters <ncreases in DonGvoting ?as of <ncreasing Koter :urnout
Also+ as alwas+ ou should be familiar with all the "conomists we have read up to this point along with an other articles/