This Document Contains Chapters 4 to 6 Chapter 4 Civil Liberties: Protecting Individual Rights Learning Objectives Having read the chapter, the students should be able to do each of the following: • Demonstrate knowledge of the Bill of Rights. • Identify types of speech protected by the First Amendment. • Describe the freedom of assembly and association. • Explain the principles underlying freedom of the press. • Distinguish between the establishment and free exercise of religion clauses. • Summarize the right to bear arms. • Identify the legal standard for the right to privacy. • Apply knowledge of criminal due process rights provided by the Bill of Rights. • Evaluate the effect of the 9/11 terror attacks on civil liberties. Chapter Outline I. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation II. Freedom of Expression A. Free Speech B. Free Assembly C. Press Freedom and Libel Law III. Freedom of Religion A. The Establishment Clause B. The Free-Exercise Clause IV. The Right to Bear Arms V. The Right of Privacy A. Abortion B. Consensual Sexual Relations among Same-Sex Adults VI. Rights of Persons Accused of Crimes A. Suspicion Phase: Unreasonable Search and Seizure B. Arrest Phase: Protection against Self-Incrimination C. Trial Phase: The Right to a Fair Trial 1. Legal Counsel and Impartial Jury 2. The Exclusionary Rule D. Sentencing Phase: Cruel and Unusual Punishment E. Appeal: One Chance, Usually F. Crime, Punishment, and Police Practices VII. Rights and the War on Terrorism A. Detention of Enemy Combatants B. Surveillance of Suspected Terrorists VIII. The Courts and a Free Society IX. Summary Focus and Main Points This chapter examines issues of civil liberties—specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government. Although the term civil liberties is sometimes used synonymously with the term civil rights, they can be distinguished. Civil rights (which will be examined in Chapter 5) are a question of whether members of differing groups—racial, sexual, religious, and the like—are treated equally by government and, in some cases, by private parties. By contrast, civil liberties refer to individual rights, such as freedom of speech and the press. Civil liberties are the subject of this chapter, which focuses on these points:: • Freedom of expression is the most basic of democratic rights, but like all rights, it is not unlimited. • “Due process of law” refers to legal protections (primarily procedural safeguards) designed to ensure that individual rights are respected by government. • Over the course of the nation’s history, Americans’ civil liberties have been expanded in law and more fully protected by the courts. Of special significance has been the Supreme Court’s use of the Fourteenth Amendment to protect individual rights from action by state and local governments. • Individual rights are constantly being weighed against the collective interests of society. All political institutions are involved in this process, as is public opinion, but the judiciary plays a central role and is the institution that is typically most protective of civil liberties. Chapter Summary The Bill of Rights was added to the Constitution shortly after its ratification. These amendments guarantee certain political, procedural, and property rights against infringement by the national government. The guarantees embodied in the Bill of Rights originally applied only to the national government. Under the principle of selective incorporation of these guarantees into the Fourteenth Amendment, the courts extended them to state governments, though the process was slow and uneven. In the 1920s and 1930s, First Amendment guarantees of freedom of expression were given protection from infringement by the states. The states continued to have wide discretion in criminal proceedings until the early 1960s, when most of the fair-trial rights in the Bill of Rights were given federal protection. Freedom of expression is protected by the First Amendment, though some forms of expression are not protected as they fall outside of the civic realm. Additionally, free expression may conflict with the nation’s security needs during times of war and insurrection. The courts at times have allowed government to limit expression substantially for purposes of national security. In recent decades, however, the courts have protected a wide range of free expression in the areas of speech, assembly, press, and religion. The establishment clause, First and Fourteenth Amendments also protect free exercise of religion. The Supreme Court has also established a right of privacy, which in some areas, such as abortion, remains a source of controversy and judicial action. There has been wide disagreement over the meaning of the Second Amendment, and only recently has the Supreme Court weighed in on the right to bear arms. Due process of law refers to legal protections that have been established to preserve individual rights. The most significant form of these protections consists of procedures designed to ensure that an individual’s rights are upheld (for example, the right of an accused person to have an attorney present during police interrogation). A major controversy in this area is the breadth of the exclusionary rule, which bars the use in trials of illegally obtained evidence. The war on terrorism that began after the attacks on September 11, 2001, has raised new issues of civil liberties, including the detention of enemy combatants, the use of harsh interrogation techniques, and warrantless surveillance. The Supreme Court has not ruled on all such issues but has generally held that the president’s war-making power does not include the authority to disregard provisions of statutory law, treaties (the Geneva Conventions), and the Constitution. Civil liberties are not absolute but must be judged in the context of other considerations (such as national security or public safety) and against one another when different rights conflict. The judicial branch of government, particularly the Supreme Court, has taken on much of the responsibility for protecting and interpreting individual rights. The Court’s positions have changed with time and conditions, but the Court is usually more protective of civil liberties than are elected officials or popular majorities. Major Concepts civil liberties The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights. Bill of Rights The first 10 amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (for example, the right to a jury trial) for persons accused of crimes. due process clause (of the Fourteenth Amendment) The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments. selective incorporation The process by which certain of the rights (for example, freedom of speech) contained in the Bill of Rights become applicable, through the Fourteenth Amendment, to actions by the state governments. freedom of expression Americans’ freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition. clear-and-present-danger test A test devised by the Supreme Court in 1919 in order to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation’s security. imminent lawless action test A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action. symbolic speech Action (for example, the waving or burning of a flag) for the purpose of expressing a political opinion. prior restraint Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming. libel Publication of false material that damages a person’s reputation. slander Spoken falsehoods that damage a person’s reputation. establishment clause The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion. Lemon test A three-part test to determine whether a law relating to religion is valid under the religious establishment clause. To be valid, a law must have a secular purpose, serve neither to advance nor inhibit religion, and avoid excessive government entanglement with religion. free-exercise clause A First Amendment provision that prohibits the government from interfering with the practice of religion. right of privacy A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations. procedural due process The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense. exclusionary rule The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure). good faith exception The legal principle that otherwise excludable evidence can be admitted in trial if police believed they were following proper procedures. inevitable discovery exception The legal principle that otherwise excludable evidence can be admitted in trial if police would eventually have discovered the evidence by other means. plain view exception The legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction. Lecture Outline This lecture outline closely follows the text in its organization. The instructor can use this outline as a lecture aid. The focus of this chapter is on civil liberties and begins with an examination of the Bill of Rights and the Fourteenth Amendment. The author then proceeds to discuss the freedoms of expression and religion, the right to bear arms, the rights of privacy, and the rights of the accused. All of these individual rights are examined in a historical as well as contemporary context. The chapter concludes with a discussion of rights and the war on terrorism and assesses the role of the courts in a free society. The chapter opens with the United States v. Jones case and the FBI’s use of a warrantless search after attaching a GPS device to a suspect’s car. The case demonstrates the continuing relevance of civil liberties within the framework of the U.S. Constitution. I. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation The Constitution’s failure to provide for individual rights led to the Bill of Rights. The Supreme Court has interpreted what those rights mean in practice. • At first the Bill of Rights applied only to the national government. Today, most of the rights contained in the Bill of Rights are protected from action by the state governments. • The due process clause of the Fourteenth Amendment has been invoked by the Supreme Court to prevent the states from abridging most Bill of Rights protections. • This process is known as selective incorporation—the process by which certain of the rights contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments. • Initially the Supreme Court held back on using selective incorporation to protect the rights of the accused in state proceedings but reversed course in the 1960s and began to enforce protection of these rights. II. Freedom of Expression Freedom of expression is the the right of individual Americans to communicate thoughts of their choosing. • Some forms of expression fall outside of the civil realm and are not protected by the First Amendment. • Though freedom of expression is not an absolute right, it has received broad protection from the courts in recent decades. Free political expression has not always been valued as highly as it is today. • The Sedition Act of 1798 was the first time that the national government restricted free expression. • Substantial limits were placed on free expression in the 1950s due to fears of communist subversion. Over time, a set of standards has evolved regarding when it is permissible for government to infringe on political expression. • Justice Holmes’s clear-and-present-danger test stipulates that political expression can be restricted only if it poses a clear and present danger to the nation’s security or to others. • The courts have protected the right to free assembly and the right to symbolic speech, though some reasonable restrictions are allowed. Symbolic speech or assembly deemed to be dangerous to the public or national security can be limited. Symbolic speech has been given substantial protection by the Court, though not as much protection as verbal speech receives. • The courts have held that prior restraint, or prohibition of expression or publication before the fact, is generally unconstitutional. There shall be no prior restraint on freedom of the press, though the press can be held accountable for what it publishes, particularly with respect to private citizens. National security concerns are often used to justify restriction of expression or of the press, though federal judges have not always concurred. III. Freedom of Religion The establishment clause is the First Amendment provision that government may not favor one religion over another, or religion over no religion. • A wall of separation must be maintained between church and state. Religious activities in schools have been largely prohibited. • The Supreme Court has allowed some establishment activities but disallowed others. In an important ruling in 2002 involving Ohio law, the justices allowed some students in Cleveland to receive tax-supported vouchers to attend private or parochial schools. • Since the 1960s, the Supreme Court has consistently reaffirmed the ban on state-sponsored prayer. • The establishment clause often involves the Lemon test: the policy must have a nonreligious purpose; the policy’s primary effect must be one that neither advances nor inhibits religion; the policy must not foster “an excessive entanglement of government with religion.” The free-exercise clause stipulates that Americans are free to hold religious beliefs of their choosing. • Even though Americans can believe in any religion they so desire, they are not always free to act on their beliefs. • The Supreme Court tries to balance any potential conflict between the free-exercise and establishment clauses, though sometimes one must yield to the other. IV. The Right to Bear Arms The Second Amendment was widely understood as to prevent the federal government from abolishing state militias, but there was disagreement over whether the amendment also gave individuals the right to possess weapons outside their use in military service. • The Supreme Court did not provide an interpretation of the Second Amendment until 2008 when it invalidated the District of Columbia’s ban on individual ownership of handguns. • In a 2010 case, the Supreme Court applied the 2008 ruling to the states. Governments can place some restrictions on gun ownership, but citizens have a right to own guns for personal protection in the home. V. The Right of Privacy The right of privacy is not an enumerated right; rather, it was enunciated in the 1965 case of Griswold v. Connecticut. • According to the Supreme Court, the right of privacy underlies other American individual protections and is thus as old as the Bill of Rights. • There is a zone of privacy upon which the government cannot infringe. • The right of privacy was the constitutional basis of the Roe v. Wade decision, which gave women the right to choose an abortion and overturned criminal abortion statutes. • Roe has not been overturned, but the public remains divided on abortion. • Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007) have placed some restrictions on abortion. • Laws prohibiting sexual relations between consenting adults of the same sex were struck down by the Supreme Court in 2003, overturning the 1986 Bowers v. Hardwick ruling. VI. Rights of Persons Accused of Crimes • Due process of law is rooted in the idea of ensuring justice for all, especially persons accused of a crime. Procedural due process refers to procedures that must be followed before the accused can lawfully be punished for an offense. • The Fourth through Eighth Amendments specify a set of procedural safeguards such as protection from unreasonable searches and seizures, self-incrimination, and unfair trials and punishments. • The Fourth Amendment protects against unreasonable search and seizure, but the Supreme Court has allowed warrantless searches in some situations. • The Fifth Amendment protection against self-incrimination led to the creation of the Miranda warnings in Miranda v. Arizona (1966). • Accused individuals are guaranteed the right to a fair trial, which includes legal counsel and an impartial jury. • The exclusionary rule prevents evidence obtained illegally from being used against a defendant, though the Supreme Court has allowed some exceptions to this rule. • The Bill of Rights prohibits cruel and unusual punishment. This has led the Supreme Court to place certain limits on the use of the death penalty. • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal. • Constitutional rights are applied unevenly by the police. An example is the use of racial profiling. VII. Rights and the War on Terrorism When the nation is at war, courts typically allow government to exercise authority that would not be permitted in peacetime. • After the Japanese attack on Pearl Harbor in 1941, President Franklin Roosevelt ordered the forced evacuation of thousands of Japanese Americans living on the West Coast. They were forcibly relocated to detention camps, and the Supreme Court upheld this policy as constitutional. • Following the terrorist attacks on the United States on September 11, 2001, the Bush administration announced that enemy combatants (those judged to be engaged in terrorism directed at the United States) would be detained without access to lawyers or family members until the president decided to release them. The administration also claimed to possess the authority to round up and hold in secret any individuals living in the United States who were suspected of terrorist activities. The Supreme Court granted some detainees the right to challenge their incarceration in court. • The government received greater surveillance powers from Congress with the passage of the USA Patriot Act. • In 2013, NSA contractor Edward Snowden began leaking information that showed that the NSA was gathering vast amounts of data on Americans’ phone calls. In 2015, Congress passed legislation authorizing the program, while putting some limits on it. VIII. The Courts and a Free Society The judiciary’s importance to the preservation of civil liberties has increased as society grows more complex. • While Americans support individual rights in theory, they seem willing to restrict them in practice. • Government has a responsibility to protect individual rights, and the judiciary is the part of government that can be most relied upon to carry out this responsibility. Complementary Lecture Topics Below are suggestions for lectures or lecture topics that will complement the text. In general, these topics assume that students have read the chapter beforehand. • American society places a high value on civil liberties/individual rights. This is not the case in all societies, of course. Is it necessarily self-evident that the American preoccupation with civil liberties is inherently superior to other possible values, such as an individual’s responsibility to family or society? Put differently, is the American emphasis on civil liberties an example of an absolute good, or is it an example of a cultural preference? • Thomas Jefferson believed that the foundation of liberty was personal freedom, while John Adams saw its foundation in a powerful American state that could protect the American way of life, of which personal freedom was a part. Today, the friction between personal freedom and state power continues to be a source of furious debate. Where should the balance be struck? Consider the question in the context of national security, law and order, and a society that prizes personal freedom and choice. • Supporters of the American legal system maintain that it is better to let one hundred guilty criminals go free rather than punish one innocent person. Yet one hundred guilty criminals will punish far more than an innocent person will be punished; indeed, they are likely to punish hundreds, even thousands, of innocent people. Can it be said that the American legal system punishes innocent Americans by allowing guilty criminals to prey on an innocent society? How can the American legal system, which is so devoted to protecting individual rights, justify itself morally if it jeopardizes, through its own rules, the right of law-abiding citizens to personal peace and security? • The history of civil liberties has been marked by a continuing conflict between traditional and progressive conceptions of individual rights. Within this evolutionary process, terms such as free speech, freedom of the press, religious liberty, privacy, and due process have acquired a different and expanded meaning. However, while the courts have generally protected and broadened individual freedoms, the American people tend to support the restriction of these rights in practice. What reasons do you believe account for this fundamental difference of perspective? Class Discussion Topics 1. In the age of the Internet and social media, issues of free speech, press, and assembly are taking on new dimensions for discussion and suggestions for regulation. Explore how appropriate the Supreme Court guidelines on speech, press, and assembly are, given modern communication technology, and propose some alternatives for maintaining free expression while still protecting society’s interests. Answer: Supreme Court Guidelines and Modern Technology: The Supreme Court's guidelines on free speech, press, and assembly were established primarily in the context of traditional media, such as newspapers, television, and public demonstrations. However, the rise of the Internet and social media platforms has introduced new challenges and complexities, as these technologies allow for instant, widespread dissemination of information and have blurred the lines between private and public expression. Key Considerations: 1. Scope and Reach: The Internet allows anyone to publish content accessible globally, challenging traditional jurisdictional boundaries and complicating the enforcement of laws. 2. Anonymity and Pseudonymity: The ability to communicate anonymously online can facilitate both legitimate and harmful speech, including harassment and misinformation. 3. Platform Regulation: Social media platforms act as both publishers and public forums, raising questions about their role in moderating content and balancing free expression with the need to prevent harm. Appropriateness of Existing Guidelines: The Supreme Court's standards, such as those established in landmark cases like Brandenburg v. Ohio (1969) and Miller v. California (1973), provide frameworks for determining the limits of free speech, including incitement to violence and obscenity. However, these guidelines may not fully address the nuances of online communication, such as the rapid spread of misinformation or the potential for algorithmic amplification of harmful content. Proposed Alternatives: 1. Platform Accountability: Implement regulations that require transparency in content moderation policies and algorithms, ensuring platforms take responsibility for the content they amplify. 2. Updated Definitions of Harm: Expand the legal definitions of harmful speech to include cyberbullying, doxxing, and deepfake technologies, with appropriate penalties and protections. 3. Global Cooperation: Develop international agreements on online content regulation to address jurisdictional challenges and create consistent standards for free expression. 4. User Education and Digital Literacy: Promote initiatives that educate users about critical thinking, media literacy, and responsible online behavior to empower individuals to navigate the digital landscape safely. 2. Develop a class presentation that highlights the complexities of regulating free expression under guidelines established for obscenity and/or violence. Discuss the issue of individual choice and control over what one reads, sees, or hears versus having government set and enforce standards for expression. Compare how America deals with this dilemma in contrast with other nations. Answer: Introduction: • Overview of the First Amendment protections and limitations on free speech, press, and assembly. • Importance of individual choice and control over media consumption. • The role of government in setting and enforcing standards for expression, particularly concerning obscenity and violence. Regulating Obscenity: • Miller Test: The three-pronged test established by Miller v. California (1973) to determine what constitutes obscene material. 1. Appeals to prurient interest. 2. Depicts sexual conduct in a patently offensive way. 3. Lacks serious literary, artistic, political, or scientific value. • Challenges in the Digital Age: The Internet's vast reach and the subjective nature of community standards complicate the application of the Miller Test. The availability of age-restricted content, the rise of pornography, and the dark web present additional challenges. Regulating Violence: • Protection of Minors: Laws restricting the sale of violent video games or media to minors, such as the California law struck down in Brown v. Entertainment Merchants Association (2011). • Hate Speech and Incitement: The difficulty of distinguishing between protected speech and speech that incites violence or hatred. Comparative Analysis: • United States: Strong emphasis on free expression, with limited government intervention. The First Amendment protects most forms of speech, including controversial and offensive content. • Europe: Greater emphasis on balancing free expression with other values, such as dignity and public order. European countries often have stricter regulations on hate speech and online content. • China: Extensive government control over online and offline media, with strict censorship of content deemed politically sensitive or harmful to social stability. Discussion Points: • Individual Choice vs. Government Control: The tension between allowing individuals to choose what they consume and the government's role in protecting society from harmful content. • Technological Solutions: The potential for technology, such as content filtering and parental controls, to empower individuals to manage their media exposure. • Global Perspectives: The diversity of approaches to regulating free expression across different cultural and legal contexts. Conclusion: • Summarize the complexities of regulating free expression in the context of obscenity and violence. • Highlight the ongoing debates and the importance of finding a balance between protecting individual rights and societal interests. • Encourage thoughtful discussion on potential solutions and future developments in this area. Chapter 5 Equal Rights: Struggling Toward Fairness Learning Objectives Having read the chapter, the students should be able to do each of the following: • Trace the history of equality through the law. • Demonstrate knowledge of the context of the African American civil rights movement. • Demonstrate knowledge of the civil rights movement for women. • Identify civil rights battles being fought by minority groups. • Evaluate the significance of demographic changes in the United States. Chapter Outline I. Equality through Law A. The Fourteenth Amendment: Equal Protection 1. Segregation in the Schools 2. Judicial Tests of Equal Protection B. The Civil Rights Act of 1964 C. The Voting Rights Act of 1965 D. The Civil Rights Act of 1968 E. Affirmative Action II. The Struggle for Equality A. Black Americans B. Women C. Hispanic Americans D. Native Americans E. Asian Americans F. Other Disadvantaged Groups III. Discrimination: Superficial Differences, Deep Divisions IV. Summary Focus and Main Points This chapter examines the major laws relating to equality and the conditions that led to their adoption. The chapter concludes with a brief look at some of the continuing challenges facing America’s historically disadvantaged groups. The chapter emphasizes these points: • Americans have attained substantial equality under the law. In purely legal terms, although not always in practice, they have equal protection under the laws, equal access to accommodations and housing, and an equal right to vote. • Legal equality for all Americans has not resulted in de facto equality. African Americans, women, Hispanic Americans, and other traditionally disadvantaged groups have a disproportionately small share of America’s opportunities and benefits. However, the issue of what, if anything, government should do to deal with this problem is a major source of contention. • Disadvantaged groups have had to struggle for equal rights. African Americans, women, Native Americans, Hispanic Americans, Asian Americans, and a number of other groups have had to fight for their rights in order to achieve a fuller measure of equality. Chapter Summary During the past half century, the United States has undergone a revolution in the legal status of its traditionally disadvantaged groups, including African Americans, women, Native Americans, Hispanic Americans, and Asian Americans. Such groups are now provided equal protection under the law in areas such as education, employment, and voting. Discrimination by race, sex, and ethnicity has not been eliminated from American life, but it is no longer substantially backed by the force of law. This advance was achieved against strong resistance from established interests, which only begrudgingly and slowly responded to demands for equality in law. Traditionally disadvantaged Americans have achieved fuller equality primarily as a result of their struggle for greater rights. The Supreme Court has been an instrument of change for disadvantaged groups. Its ruling in Brown v. Board of Education (1954), in which racial segregation in public schools was declared a violation of the Fourteenth Amendment’s equal-protection clause, was a major breakthrough in equal rights. Through its affirmative action and other rulings, such as those providing equal access to the vote, the Court has also mandated the active promotion of social, political, and economic equality. However, because civil rights policy involves large issues concerned with social values and the distribution of society’s opportunities and benefits, questions of civil rights are inherently contentious. For this reason, legislatures and executives have been deeply involved in such issues. The history of civil rights includes landmark legislation, such as the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the Civil Rights Act of 1968. In more recent decades, civil rights issues have receded from the prominence they had during the 1960s. The scope of affirmative-action programs has narrowed, and the use of forced busing to achieve racial integration in America’s public schools has been largely eliminated. The legal gains of disadvantaged groups over the past half century have not been matched by material gains. Although progress in areas such as education, income, and health care has been made, it has been slow. Tradition, prejudice, and the sheer difficulty of social, economic, and political progress stand as formidable obstacles to achieving a more equal America. Major Concepts equal rights (civil rights) The right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities. equal-protection clause A clause of the Fourteenth Amendment that forbids any state to deny equal protection of the laws to any individual within its jurisdiction. reasonable-basis test A test applied by courts to laws that treat individuals unequally. Such a law may be deemed constitutional if its purpose is held to be “reasonably” related to a legitimate government interest. strict-scrutiny test A test applied by courts to laws that attempt a racial or an ethnic classification. In effect, the strict-scrutiny test eliminates race or ethnicity as legal classification when it places minority-group members at a disadvantage. suspect classifications Legal classifications, such as race and national origin, that have invidious discrimination as their purpose and therefore are unconstitutional. affirmative action Programs designed to ensure that women, minorities, and other traditionally disadvantaged groups have full and equal opportunities in employment, education, and other areas of life. de jure discrimination Discrimination on the basis of race, sex, religion, ethnicity, and the like that results from a law. de facto discrimination Discrimination on the basis of race, sex, religion, ethnicity, and the like that results from social, economic, and cultural biases and conditions. Lecture Outline This lecture outline closely follows the text in its organization. The instructor can use this outline as a lecture aid. I. Equality through Law The Fourteenth Amendment’s equal-protection clause is used by the courts to protect minorities from discrimination by government. The Supreme Court did not truly seek to apply it in broad ways until the 1930s and onward. • The Brown v. Board of Education of Topeka ruling invoked the equal protection clause to bring about equality of schooling. • The policy of busing attempts to compensate for decades of racial discrimination and to overcome patterns of residential segregation; however, busing (the transporting of students to enhance racial balance) is not popular with many Americans. A 2007 Supreme Court effectively brought an end to forced busing; and America’s schools since have become less racially diverse. • There are three judicial tests associated with government actions that treat classes of individuals (e.g. African Americans and whites) differently. • The reasonable-basis test allows inequality under the law if it is legitimately related to a governmental interest. For example, the courts have upheld laws that impose higher taxes on individuals of higher income. • The strict-scrutiny test holds that laws discriminating on the basis of racial and ethnic categories create suspect classifications, which are of dubious constitutionality. • There is a third “intermediate” category (for “almost suspect” classifications) that falls between the two above tests in rigor, and has been applied in sex discrimination cases. The Civil Rights Acts of 1964 and 1968 and the Voting Rights Act of 1965 have greatly aided the struggle of minorities for equal rights, particularly in accommodations, jobs, and housing. • The passage of the Civil Rights Act of 1964 entitled all persons to equal access to restaurants, bars, theatres, hotels, gasoline stations, and similar establishments serving the general public. • The Voting Rights Act of 1965 has greatly improved the equality of voting opportunity, and had been renewed three times by Congress. However, it was weakened significantly by the 2013 Supreme Court decision Shelby County v. Holder. • The Civil Rights Act of 1968 made discrimination in housing policy or practices illegal. Housing in American nevertheless remains highly segregated. Affirmative action aims to convert legal rights (for example, equal job access) into reality. Affirmative action has helped minorities to some degree, but has been resisted by some interests for reasons of prejudice, politics, or philosophy (for example, it is claimed to discriminate substantially against white men). • The goal of affirmative action was a new concept when it was introduced: equality of result. While most major civil rights policies sought to eliminate de jure discrimination—based on law—affirmative-action policy sought to alleviate de facto discrimination—whereby disadvanged groups have fewer opportunities and benefits because of prejudice and economic circumstances. • The Bakke case approved affirmative action, but the Supreme Court ruled racial quotas impermissible. The Court, in Adarand v. Pena, continued to narrow and restrict government affirmative action programs. • Some states are limiting or ending affirmative action in college admissions, though the Supreme Court has continued to uphold the constituionality of affirmative action programs for those that continue them as long as those programs serve a “compelling governmental interest.” II. The Struggle for Equality All disadvantaged minorities have had to fight for legal equality. • The dream of an equal society for African Americans remains elusive. Poverty is a persistent problem, as is the disintegration of the black family. Studies show that the legal rights of blacks are unequal as well, particularly with regard to treatment by the criminal justice system. • Women have long been victims of discrimination. Their recent legal gains have been substantial, despite the fact that the ERA was not ratified; there has also been substantial progress in electoral representation. Although job market opportunities and employment have increased, they have not achieved equality of pay with men, and are far more often saddled with the burden of running single-parent families. • Hispanic Americans also fought for rights; the centerpiece of their struggle was the farmworkers’ strikes of the late 1960s and the 1970s, which sought labor rights for migrant workers. Hispanic Americans have become the largest racial-ethnic minority and are becoming increasingly important politically; however, the illegal alien status of many Hispanics remains a complicating factor. • Native Americans have been badly discriminated against since the first European settlers arrived in the New World. Recent federal policy has aimed at giving Native Americans more control over their affairs on treaty lands, and Native Americans have won a few legal challenges to reclamation of ancestral lands. It was not until the 1968 Indian Bill of Rights that they were provided the same constitutional guarantees as other Americans. After protests in the 1970s, Native Americans were granted greater control over the federal programs that affect them. Even with gains, Native American incomes and health levels remain far below the national average. • Asian Americans have been discriminated against since they first came to America, due to immigration and language issues. Restrictions on Asian immigration were lifted in 1965, and Asian Americans benefitted from the Civil Rights Act of 1964. Asian Americans have also benefitted from Supreme Court action that improved education for students that do not speak English as a first language. Today they are marked as an upwardly mobile group that emphasizes education, though they remain underrepresented politically. • The LGBTQ community has achieved legislative and legal victories that guarantee equality and have ended laws prohibiting sexual relations between same-sex partners in some states. There have also been legal setbacks. Although the Supreme Court in 2015 ruled that same-sex marriage was constitutionally protected, the issue of gay marriage continues to be a highly controversial one. • Current discrimination issues are also the concern of the disabled and the elderly. III. Discrimination: Superficial Differences, Deep Divisions • Persistent discrimination continues in America. • The Swedish sociologist Gunnar Myrdal has called discrimination “America’s curse.” Complementary Lecture Topics Below are suggestions for lectures or lecture topics that will complement the text. In general, these topics assume that students have read the chapter beforehand. • The concept of equality of result calls for active government intervention, not just to remove legal discriminatory barriers, but to compensate for past injustices. At the same time, the traditional American concept of individualism calls for equality of opportunity, which implies that certain individuals will fail, while others will succeed. Are these notions of equality incompatible? • The reasonable basis test and the strict scrutiny test are standards that apply to laws that treat individuals differently based on the groups to which they belong. Evaluate the assumptions underlying each test and the usefulness of each test in promoting social goals. • Use the different experiences of men and women, African Americans and whites, and so on to assess the foundations of discrimination and the need for laws to address the problem. Class Discussion Topics 1. Ask the class if they believe the equal-protection clause is too broad, given the persistent need throughout American history for the Supreme Court to enforce it by ruling on a variety of discriminatory practices. Has the equal-protection clause of the Fourteenth Amendment lived up to its promise, or will further action by bodies like the Supreme Court be necessary? Answer: Introduction: • Equal-Protection Clause: Part of the Fourteenth Amendment, it mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has been a cornerstone in challenging discriminatory practices in the United States. Discussion Questions: • Broadness of the Clause: Does the equal-protection clause encompass too many areas, making it difficult to apply consistently? Is it flexible enough to address emerging forms of discrimination? • Historical Context: Consider the Supreme Court's role in enforcing the clause, such as in Brown v. Board of Education (1954) for racial segregation and Obergefell v. Hodges (2015) for same-sex marriage. Why has there been a persistent need for the Court to intervene in these issues? Debate Points: • Has the Clause Lived Up to Its Promise? Despite significant progress, such as the desegregation of schools and the legalization of same-sex marriage, disparities in treatment and protection persist. Some argue that the clause has been instrumental in advancing civil rights, while others believe it has not gone far enough in achieving true equality. • Need for Further Action: Discuss whether the Supreme Court should continue to play a proactive role in interpreting and enforcing the equal-protection clause or if legislative bodies should take more responsibility in addressing discriminatory practices. Conclusion: • Encourage the class to consider whether the equal-protection clause needs to be reinterpreted or amended to better meet contemporary needs. Discuss the potential for new legislation or constitutional amendments to address emerging issues. 2. Acquaint your class with the differences between the civil rights movement of the 1950s and 1960s (racial equality) and the equal rights movement of the 1970s (gender equality). Look at the dynamics of the two movements that affected their comparative successes and shortcomings. You might apply the dynamics for change in status to current efforts to prevent discrimination against the LGBTQ community. Answer: Introduction: • Civil Rights Movement (1950s-1960s): Focused primarily on ending racial segregation and discrimination against African Americans, advocating for equal rights under the law. • Equal Rights Movement (1970s): Centered on achieving gender equality, particularly in the areas of employment, education, and reproductive rights. Key Differences: 1. Goals and Focus: • Civil Rights Movement: Aimed at dismantling institutional racism, achieving desegregation, and securing voting rights. • Equal Rights Movement: Sought to eliminate gender-based discrimination, with a significant focus on the Equal Rights Amendment (ERA) and women's rights issues. 2. Methods and Strategies: • Civil Rights Movement: Utilized nonviolent protests, civil disobedience, and legal challenges. Key figures included Martin Luther King Jr. and organizations like the NAACP and SCLC. • Equal Rights Movement: Employed a combination of legal challenges, advocacy, and grassroots activism. Notable leaders included Gloria Steinem, Betty Friedan, and organizations like NOW (National Organization for Women). 3. Challenges and Obstacles: • Civil Rights Movement: Faced intense resistance from segregationists, law enforcement, and political figures. Violence and threats against activists were common. • Equal Rights Movement: Encountered opposition from traditionalists, anti-feminist groups, and some sectors of society that resisted changing gender norms. 4. Achievements and Limitations: • Civil Rights Movement: Achieved landmark legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. However, systemic racism and economic disparities persisted. • Equal Rights Movement: Made significant strides in workplace equality, reproductive rights, and educational opportunities. However, the failure to ratify the ERA and ongoing gender inequality highlighted limitations. Application to Current Efforts Against LGBTQ Discrimination: • Similarities and Differences: Like the previous movements, the LGBTQ rights movement seeks to end discrimination and achieve equal rights. However, it also grapples with unique challenges, such as combating homophobia, transphobia, and legal barriers in areas like marriage, adoption, and military service. • Dynamics for Change: The LGBTQ movement has utilized legal battles, advocacy, and visibility campaigns. Compare these methods with those of the civil rights and equal rights movements to understand their strengths and potential shortcomings. Conclusion: • Reflect on the progress made by both movements and the ongoing struggles for equality. Discuss the importance of solidarity among different marginalized groups and the potential for intersectional activism. Encourage the class to consider how the lessons from these past movements can inform current and future efforts to combat discrimination. Chapter 6 Public Opinion and Political Socialization: Shaping the People’s Voice Learning Objectives Having read the chapter, the students should be able to do each of the following: • Describe how public opinion is measured. • Describe how political opinions are formed. • Summarize demographic characteristics that influence political opinion. • Demonstrate comprehension of Americans’ opinions about politics. • Summarize the relationship between public opinion and public policy. Chapter Outline I. The Measurement of Public Opinion A. Public Opinion Polls B. Opinion Dimensions C. Problems with Polls II. Political Socialization: The Origins of Americans’ Opinions A. Primary Socializing Agents: Family, School, and Church B. Secondary Socializing Agents: Peers, Media, Leaders, and Events III. Frames of Reference: How Americans Think Politically A. Party Identification B. Political Ideology C. Group Orientations 1. Religion 2. Economic Class 3. Region 4. Race and Ethnicity 5. Gender 6. Generations and Age 7. Crosscutting Groups IV. The Influence of Public Opinion on Policy A. Limits on the Public’s Influence B. Public Opinion and the Boundaries of Action V. Summary Focus and Main Points This chapter discusses public opinion and its influence on U.S. politics. A major theme is that public opinion is a powerful yet inexact force. The policies of the U.S. government cannot be understood apart from public opinion; at the same time, public opinion is not a precise determinant of public policies. The main points made in this chapter are: • Public opinion consists of those views held by ordinary citizens that are openly expressed. Public officials have various means of gauging public opinion but increasingly use public opinion polls for this purpose. • Public opinion is characterized by its direction (whether people hold a pro or con position on an issue), its intensity (how strongly people feel about their issue position), and its salience (how high a particular issue ranks in people’s minds relative to other issues). • The process by which individuals acquire their political opinions is called political socialization. This process begins during childhood, when, through family and school, people acquire many of their basic political values and beliefs. Socialization continues into adulthood, during which time the news media, peers, and political leaders are important influences. • Americans’ political opinions are shaped by several frames of reference, including partisanship, ideology, and group attachments. • Public opinion has an important influence on government but ordinarily does not determine exactly what officials will do. Chapter Summary Public opinion can be defined as those opinions held by ordinary citizens that they openly express. Public officials have many ways of assessing public opinion, such as the outcomes of elections, but they have increasingly come to rely on public opinion polls. There are many possible sources of error in polls, and surveys sometimes present a misleading portrayal of the public’s views. However, a properly conducted poll can be an accurate indication of what the public is thinking. Polls are typically used to measure three dimensions of people’s policy opinions: direction (whether they favor or oppose a particularly policy), intensity (how strongly they feel about their position on a policy), and salience (how important they think a policy issue is relative to other issues). The process by which individuals acquire their political opinions is called political socialization. During childhood, the family, schools, and church are important sources of basic political attitudes, such as beliefs about the parties and the nature of the U.S. political and economic systems. Many of the basic orientations that Americans acquire during childhood remain with them in adulthood, but socialization is a continuing process. Adults’ opinions are affected mostly by peers, the news media, events, and political leaders. Events themselves also have a significant short-term influence on opinions. The frames of reference that guide Americans’ opinions include party identification, although most citizens do not have a strong and consistent ideological attachment. In addition, individuals develop opinions as a result of group orientations—notably, religion, economic class, region, race and ethnicity, gender, and age. Partisanship is a major source of political opinions; Republicans and Democrats differ in their voting behavior and views on many policy issues. Public opinion has a significant influence on government but seldom determines exactly what government will do in a particular instance. Public opinion serves to constrain the policy choices of officials but also is subject to their efforts to influence what the public is thinking. Evidence indicates that officials are particularly attentive to public opinion on highly visible and controversial issues of public policy. Major Concepts agents of socialization Those agents, such as the family and the media, that have significant impact on citizens’ political socialization. cultural (social) conservatives Those who believe government power should be used to uphold traditional values. cultural (social) liberals Those who believe it is not government’s role to buttress traditional values at the expense of unconventional or new values. delegate An elected representative whose obligation is to act in accordance with the expressed wishes of the people he or she represents. direction (of an opinion) An opinion dimension that refers to whether people have a pro or con opinion on an issue. economic conservatives Those who believe government tries to do too many things that should be left to private interests and economic markets. economic liberals Those who believe government should do more to assist people who have difficulty meeting their economic needs on their own. ideology A general belief about the role and purpose of government. intensity (of an opinion) An opinion dimension that refers to how strongly people feel about an issue. libertarian The term to describe those who believe government tries to do too many things that should be left to firms and markets, and who oppose government as an instrument for upholding traditional values. party identification The personal sense of loyalty that an individual may feel toward a particular political party. political socialization The learning process by which people acquire their political opinions, beliefs, and values. population In a public opinion poll, the people (for example, the citizens of a nation) whose opinions are being estimated through interviews with a sample of these people. populist The term to describe those who believe government should do more to assist people who have difficulty meeting their economic needs and who look to government to uphold traditional values. public opinion The politically relevant opinions held by ordinary citizens that they express openly. public opinion poll A device for measuring public opinion whereby a relatively small number of individuals (the sample) is interviewed for the purpose of estimating the opinions of a whole community (the population). salience (of an opinion) An opinion dimension that refers to how highly people rank an issue relative to other issues. sample In a public opinion poll, the relatively small number of individuals who are interviewed for the purpose of estimating the opinions of an entire population. sampling error A measure of the accuracy of a public opinion poll; mainly a function of sample size and usually expressed in percentage terms. trustee An elected representative whose obligation is to act in accordance with his or her own conscience as to what policies are in the best interests of the public. Lecture Outline This lecture outline closely follows the text in its organization. The instructor can use this outline as a lecture aid. Public opinion is defined as the politically relevant opinions held by ordinary citizens that they express openly. A major theme in this chapter is how public opinion is a powerful and yet inexact force in American politics. The nature of public opinion, the related subject of political socialization, and Americans’ political frames of reference are explored; the chapter concludes with an examination of the influence of public opinion on policy. The case of the unfolding of public opinion about mass shootings and gun control is illustrative of the influence of public opinion on government. Both parties’ presidential nominees in 2016, Donald Trump and Hillary Clinton, were mindful of public opinion, both in the public at large and among their party’s supporters. I. The Measurement of Public Opinion • Elections, demonstrations, and letter writing or direct communication are all means of judging public opinion but are limited guides for policymakers. • Public opinion is often measured through polling, based on interviews with a sample of individuals to estimate the views of the larger population they represent. The poll’s accuracy is indicated by a sampling error, which is a function of sample size. Random selection of the sample is key to accurate polling. • Scholars and pollsters focus on various dimension of people’s opinion. One is direction, whether people have pro or con positions on an issue. One is intensity, or how strongly people feel about a given issue position. A third is salience, or how important people think an issue is relative to other issues. • Any poll can contain substantial errors if conducted incorrectly. Common errors include poorly worded questions, sampling errors, and the unfamiliarity of polled individuals with the issues. II. Political Socialization: The Origins of Americans’ Opinions The process by which people acquire their political opinions, beliefs, and values is called political socialization, and it reflects both childhood and adult influences. Notable characteristics of political socialization include the importance of childhood learning and its cumulative nature. Primary socializing agents include the family, school, and church—these factors have the most immediate effect on the formation of political beliefs. • Family childhood experiences have important effects on opinions because they have a near-monopoly on the attention of young children. • Schools have a major impact on the development of children’s basic political beliefs. • Churches and religion can be powerful influences in the United States for those children that attend services regularly, although political science has made little progress in understanding just how religion affects the political socialization of children. Secondary socializing agents are those that have a less intimate connection with the individual, including peers, the media, leaders, and major events. • Peer groups can play an important role, particularly in the maintenance of existing opinions. Many people are reluctant to take stands inconsistent with those of their peers. • The mass media are important in shaping the public’s perception of the world. The news media are especially important in defining people’s views on major issues. • Political leaders and institutions, particularly the president and political parties, can guide opinion formation. • New or unexpected events or developments, such as the Great Depression or the 2001 terrorist attacks, can influence opinion on issues and leaders. III. Frames of Reference: How Americans Think Politically Americans evaluate political alternatives through three major frames of reference: partisanship, ideological leanings, and group attachments. • Partisanship is the major frame of reference for many Americans. Once acquired, it can encourage selective perception in an individual. • Party identification refers to a person’s ingrained sense of loyalty to a political party. It can often remain stable throughout adulthood, but may change in response to major events. • People can be said to have a political ideology if they hold to a coherent set of political beliefs. Most Americans do not hold true ideologies, but have ideological leanings. Liberal and conservative ideologies can provide powerful symbols that influence opinion. Populism and libertarianism are a blend of the two. • Group orientations are an important frame of reference for Americans. Important group attachments include religion, economic class, region, race and ethnicity, gender, and generations and age. IV. The Influence of Public Opinion on Policy Public opinion affects public policy in a variety of ways. It can block or force some action or define the acceptable boundaries of policy. It can emerge in response to policy, or can influence officials to adopt popular policies. • There is disagreement on the degree to which public opinion does affect government and also how it should affect government. One view holds that representatives should act as their constituents’ delegate; another, that representatives should act as trustees, guided by their own judgment rather than the opinions of their constituents. • There are limits on public opinion to influence the government, including inconsistencies in public policy opinions and a lack of understanding of the issues by the public. • What role public opinion should play is a matter of debate. Public opinion’s influence is limited because of differing, contradictory, or uninformed opinion. However, certain policy actions are outside the boundaries of public acceptability. • Officials often go to great lengths to win public support for their policies, and through their efforts can bring about major changes in public opinion of an issue. Complementary Lecture Topics Below are suggestions for lectures or lecture topics that will complement the text. In general, these topics assume that students have read the chapter beforehand. • According to the author, the level of the public’s knowledge about many policy issues is very low. How might an argument supporting a large public role in government maintain that public opinion guides government action despite this fact? How might a proponent of an alternative theoretical approach use this reality to argue that government officials should act as trustees and overlook constituent opinion? • Public opinion can dramatically shift in the face of major upheaval. Pearl Harbor, the Great Depression, and the 2001 terrorist attacks are good examples of this phenomenon. Are there any events that may occur that could have a similar effect? Consider issues such as the federal deficit, declining American economic power, environmental pollution, increasing drug use and criminal violence, a burgeoning elderly population, a disease epidemic, or any other issue that might seem appropriate. • According to the author, public opinion has a powerful though inexact influence on government. Discuss this idea, using historical and current issues as examples. • Some people are more knowledgeable, interested, ideological, and hence more politically active, than others. What accounts for these variations in politicization and what can be done to increase the level of political awareness in the general population? What are the likely policy consequences if the situation remains unchanged? • If party loyalties were to decline over the next few decades, what would such a development mean for the comparative strengths of the two major parties and the way national campaigns would be handled? Also, would public opinion be more receptive to the formation of a new party? Class Discussion Topics 1. Ask your students to apply the factors that contribute to political socialization to their own political socialization. Have them include any crucial events that occurred in their experiences that shifted their socialization away from what one would normally expect. They can write this up or share it with others depending upon the size and nature of the class. Answer: Assignment: Ask students to reflect on their own political socialization by considering the following factors: 1. Family: How did their family's political beliefs and discussions influence them? 2. Education: How did their experiences in school, including teachers, curriculum, and peer groups, shape their political views? 3. Media: What role did media consumption, including news outlets, social media, and entertainment, play in forming their political opinions? 4. Peers: How did friends and social circles impact their political beliefs? 5. Critical Events: Were there any specific events (e.g., elections, protests, significant news events) that significantly influenced their political views? Instructions: • Written Reflection: Students can write a short essay or reflection detailing how these factors contributed to their political socialization. They should include any crucial events that shifted their views away from what might have been expected based on their background. • Class Discussion: Depending on class size, students can share their reflections in small groups or with the entire class. This discussion can help students understand the diversity of influences and experiences that shape political beliefs. 2. Discuss the ideological leanings of libertarianism and populism with your class. Ask them to select portions of these ideologies with which they can identify or with which they disagree markedly. Use this exercise as a chance to discuss both the positive and negative aspects of categorizing opinion. Answer: Discussion Points: 1. Libertarianism: Focuses on individual liberty, limited government, free markets, and personal responsibility. • Key Questions: Do students agree with the emphasis on limited government and personal freedom? What are the potential benefits and drawbacks of a libertarian approach? 2. Populism: Emphasizes the power of the common people and often contrasts "the people" with "the elite." • Key Questions: Do students identify with the populist critique of elite power? What are the positive aspects of empowering the common people, and what are the risks? Exercise: • Identification and Disagreement: Students can select portions of each ideology they identify with or disagree with. They should consider both the practical implications and philosophical foundations of these beliefs. • Discussion: Use this exercise to explore the pros and cons of categorizing opinions within specific ideological frameworks. Discuss how these categories can simplify complex issues but also risk oversimplification and exclusion of nuanced perspectives. 3. Discuss the service that opinion polling provides in a democracy; different uses of polling in America and other democratic nations; and the fallacies and distortions that can accompany both the way samples are drawn and the conclusions inferred from the responses. Include the concept of sampling error and how it influences the accuracy of a sample and conclusions drawn from the survey. Answer: Key Topics: 1. Purpose and Benefits: Discuss how opinion polling helps gauge public opinion, informs policymakers, and enhances democratic participation. 2. Uses of Polling: Explore how polling is used in different democratic nations for elections, policy-making, and public opinion research. Discuss differences in methodology and transparency across countries. Common Issues in Polling: 1. Sampling Error: Explain how the sample size, selection methods, and representativeness impact the accuracy of poll results. 2. Question Wording and Order: Discuss how the phrasing and sequence of questions can influence respondents' answers, leading to biased results. 3. Misinterpretation and Overgeneralization: Address the fallacies that can arise from misinterpreting poll data, such as assuming that poll results represent the entire population's views. Activity: • Case Studies: Review case studies where polling errors led to incorrect predictions or misinformed public debate. Analyze the causes and consequences of these errors. 4. Trace the voting patterns of your own members of Congress (including U.S. senators if you wish) to determine if their activities fit into the trustee, party, or instructed delegate roles for members of Congress. Take this as an opportunity to acquaint students with sources of information about the voting activities of their own members of Congress. Answer: Research Activity: Students will investigate the voting records of their representatives and senators to determine how they align with the following roles: 1. Trustee: Representatives who vote based on their judgment, considering the long-term best interests of the public, even if it goes against the immediate wishes of their constituents. 2. Party: Representatives who vote in alignment with their political party's platform and leadership. 3. Instructed Delegate: Representatives who vote according to the explicit desires and opinions of their constituents. Instructions: 1. Research Sources: Guide students to reputable sources for tracking voting records, such as [GovTrack](https://www.govtrack.us/), [Vote Smart](https://votesmart.org/), and [Congress.gov](https://www.congress.gov/). Encourage them to use a variety of sources for a comprehensive understanding. 2. Analysis: Have students analyze a selection of key votes to determine if their representatives act as trustees, party members, or instructed delegates. They should consider the context of each vote and any public statements made by the representatives. 3. Class Discussion: Facilitate a discussion on the implications of these roles. How do they reflect the representatives' accountability to their constituents? What does this mean for democratic representation? Conclusion: • Encourage students to consider the complexity of political representation and the challenges faced by elected officials in balancing various roles. Discuss the importance of informed voting and civic engagement in holding representatives accountable. Instructor Manual for We The People: An Introduction to American Government Thomas L. Patterson 9781259912405
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