Back

Marketplace of Ideas 
– a quasi-free market model that says some ideas and beliefs will flourish and others fail based on free choice – this marketplace of ideas generates public opinion

 

                Before the 19th century the strata of society were deeply divided, caused by a

-          lack of usable roads

-          lack of effective communication media (illiteracy)

-          lack of a common language

-          Class differences that affected languages, religion, experiences

 

During the 19th century the Western world begins to establish this marketplace

-          establishes a single national language (US efforts to teach immigrants English)

-          establishes widespread literacy  (compulsory education)

-          building of roads, railroads, and telegraphs (cell phones ??)

-          legal protection for free expression of ideas

 

This “marketplace of ideas” has created certain fundamental values in the US:

                Equality of opportunity

                Individual freedom – limited role for government

                Democracy

We see less of a commitment to these values elsewhere. Why?

                Never had a feudal aristocracy

                                Never had strong Socialist movements

 

Elections

 

Why do we want voting?

 

n       promotes accountability of leaders

n       is an institution of legitimization

n       safety valve for social discontent

n       offers groups protection against governmental abuse

 

How do we encourage voting?

 

                Laws ensure the public notification of location, date and the registration process

Civic education either through student government or curriculum that encourages voting but not direct participation (ie protests)

Party system that assists with registration, civic education and party machines

                party loyalty creates a reason to vote

 

How does the government control elections?

 

1.       electoral composition

                voting requirements - property, race, gender, age, etc .. .

                registration requirements - must register before election as a way to limit fraud

because it requires an abstract commitment to voting - the more educated tend to vote meaning the poor and less educated vote less often 

 

2.       Translating voters choice into electoral impact

a)       criteria for winning

                                majority - 50% + 1

                                plurality - greatest # of votes (mostly used in the US)

n       helps larger, more powerful groups

                                proportional - parties awarded seats based on % of       votes

                                                helps smaller, weaker groups, but creates coalition governments that can be unstable

b)      electoral districts (in the US House)

The number of representatives is set at 435 in 1910 (originally one for every 30,000 people as described as the minimum ratio in Article One, Section Two, Clause Three)  now roughly one seat for every 700,00

The process for allocating seats is:

    Census -- Constitutionally required every 10 years

    Reapportionment - Seats reallocated based upon shigfing population

    Redistricting -- State legislatures draw boundaries 

Baker v Carr (1962) -- Supreme Court says the courts can intervene if redistricting issues -- 

Reynolds v Sims (1964) -- established "one man, one vote" that required that each individual had to be weighted the same in terms of legislative representation  (ie that districts have to be the same population size) under the Equal Protection Clause

These two rulings mean that that court appeals are now almost always the fourth step in redrawing House districts 

                     Another wrinkle in redistricting is  gerrymandering (mass. Gov. Elbridge Gerry) - manipulating districts to try to influence outcome

n       The South used gerrymandering in the 60s and 70s to deny African American officials – the practice of “cracking” would divide African American communities into different districts as an effort to limit African American representatives

n       In response we see the rise of “benign gerrymandering” as an effort to increase minority representation  -- a 1982 amendment to the Voting Rights Act of 1965 actually requires it, when possible

Shaw v. Reno (1993) - Court rules that white voters had standing to sue if voting boundaries were so “bizarre” as to be explained only by the effort to ensure the election of minority representatives

Miller v. Johnson (1995) – If race was a “predominant factor” in the drawing of district lines then it is presumptively constitutional

Bush v. Vera and Shaw v. Hunt – struck down boundaries that put too much emphasis on race

c)       Insulating decision-making processes

n       The Electoral College (538 electors, 270 (ie a majority) or above to win)

n       Each state gets the number of electors equal to its # or reps and senators

n       Voters actually casting ballots for a slate of electors

Most states it is all or nothing

In Maine and Nebraska it is divided (by congressional districts and senate votes for statewide winners)

                                                It’s left up to the house if no majority emerges

 

                                                Can be undemocratic

                                                                Calif                                        Oregon

                                                                54 votes                                 7 votes

                                                                5,000 lead for A                              10,000 lead for B

 

                                                Can favor rural states

                                                                Alaska                                    California

                                                                626,932 people                    33,871,648

                                                                3 votes                                   54 votes

                                                                208,977 people per vote                627,259 people per vote

 

                                                May actually favor minority groups in urban settings

 

                                Frequency of elections

n       Senate – only 1/3 is elected at a time

 

                                Size of electoral districts

n       Local issues rule in the House

n       State issue rule in the Senate

n       National issues rule in the White House

 

Ballot issues

                Party ballot – lists only candidates from that party (or straight ticket)

                                does not allow for a “split ticket”

                Australian Ballot – lists candidates by position being sought

                                administered by the state and allows for “split tickets”

                                means fewer “clean sweeps”