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European Union Integration and its Impact on Global Society
No full textUpon recently learning about the expected European Union constitution, I began to ponder, "Is the EU that so integrated that its members would be willing to relinquish that much autonomy?" Deciding that this would be an intriguing topic to explore, I decided to look into this mega-organization a little further. As a powerful international organization, the European Union has much influence over global politics currently, and in the future, its role is only going to grow. Despite the lack of cultural homogeneity throughout Europe, the European Union has a strong effect on the extent of European diversity. One of the concerns is how the autonomy and identity of individual nations is being affected by the European Union. This has been a very important issue as of late in accordance with the pending constitution and the inclusion of several new member states. This paper argues that as a result of increased European integration, a loss of national identity will occur and this will ultimately have negative ramifications on international politics. It analyzes the assimilation and integration of the European Union through its history. Included in this analysis, both international and domestic policies of individual member states are evaluated and compared to show the extent to which amalgamation has occurred. Finally, this paper evaluates the future impact that the European Union will have on the international community and, more specifically, its relations with the United States.European Union Integration and its Impact on Global Society
By Heidi Hope
December 18, 2003
Citizenship and Democracy
Prof. Jill Locke
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Table of Contents
Introduction ... p.3
Literature Review/Method ... p.4
History of the European Union ... p.6
Integration of National Policies ... p.10
Integration of International Policies ... p.13
Consequences for the European Union ... p.16
Cosmopolitanism ... p.17
• National sovereignty ... p.19
Constitution ... p.21
Democracy ... p.23
Impact on new nations and the Union ... p.24
Consequences for the Global Community ... p.27
Other European nations ... p.27
United States ... p.28
Conclusion ... p.31
Bibliography ... p.32
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European Union integration and its effect on global society
Introduction
Upon recently learning about the expected European Union constitution, I began
to ponder, "Is the EU that so integrated that its members would be willing to relinquish
that much autonomy?" Deciding that this would be an intriguing topic to explore, I
decided to look into this mega-organization a little further. As a powerful international
organization, the European Union has much influence over global politics currently, and
in the future, its role is only going to grow. Despite the lack of cultural homogeneity
throughout Europe, the European Union has a strong effect on the extent of European
diversity. One of the concerns is how the autonomy and identity of individual nations is
being affected by the European Union. This has been a very important issue as of late in
accordance with the pending constitution and the inclusion of several new member states.
This paper argues that as a result of increased European integration, a loss of national
identity will occur and this will ultimately have negative ramifications on international
politics. It analyzes the assimilation and integration of the European Union through its
history. Included in this analysis, both international and domestic policies of individual
member states are evaluated and compared to show the extent to which amalgamation has
occurred. Finally, this paper evaluates the future impact that the European Union will
have on the international community and, more specifically, its relations with the United
States.
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Literature Review/ Method
In this paper, I draw on research from many different sources, especially
documents presenting the history of the European Union. I also examine primary sources
in order to collect data on integration of ideology within the European nations. Finally, I
analyze scholarly documents that either evaluate integration in the European Union or
proceed to tell what will happen in the future with the European Union and the
consequences, both positive and negative, that could ensue.
Considering what an important world actor the European Union currently is, there
was been much scholarly material published on its deliberations. Most recently more
information has been gathered on its increased integration. In the first part on my
analysis, I examine ways in which member nations have adopted similar standards.
Scholars, such as Miguel Maduro, Graham Taylor, Andrew Mathers, and D. Trubek,
analyze how the individual nations have adopted certain universal policies throughout
Europe. Most of these policies pertain to labor unions and social movements that directly
benefit those working in their nations.
In the next section of the paper, I analyze whether European Union members are
starting to integrate ideologically. I draw upon the Yearbooks of United Nations in order
to analyze votes of certain members in the United Nations and how these votes have
changed throughout history. This set of references contains vital information from major
conferences in which resolutions were decided, allowing me to access voting statistics
and see examples of resolutions that the countries in question may have proposed. I will
then analyze whether these same nations are integrating domestically. I will need to look
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at domestic policies in the countries that I have determined, and draw on the United
Nations' extensive documentation of members' policies to analyze this.
Finally, I analyze how these policies will affect the European Union and global
society. Some theorists seem to think that the continued integration of the European
Union would be fine. Martha Nussbaum, for example, argues in defense of a
cosmopolitan society. In many ways, she would only view the EU as being one step
closer to this goal. Seyla Benhabib also has this theory that extreme multiculturalism,
like that present in the Union, could coincide with democracy. Gertrude Himmelfarb, on
the other hand, argues that this utopian ideal cosmopolitanism would never work.
Several theorists take the stance that the current situation within the European
Union is drastically affecting the sovereignty of the nations from within. Pierre
Vercauteren argues that the loss of control of economics at a local level as a result of
globalization has made individual nations rely more on the European Union, thus
removing much of their autonomy. Miguel Maduro emphasizes that Europe is having
trouble defining what it is. It wants to be many parts, yet wants to be one. With the lack
of a social contract, it makes it difficult for it to make up its mind. In addition to
autonomy, much research has been done on the issue of democracy within the EU. Eric
Stein, in his article, "No Love at First Sight," argues that any form on internationalization
predicts a loss of democracy. Ignacio Sanchez-Cuenca also argues that individuals will
still feel too tied to their nation and will not be able to accept the democratic majority
rule, since they do not feel as though they are part of the demos.
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Many scholars also look at the consequences from a broader scope and judge the
implications for world politics. Several authors, such as Udo Deidrichs, Fred Bergsten,
and Robert Kagan, describe the situation as already being hostile between America and
the EU, judging that further integration will only make it worse. Diedrichs also describes
how expanding the Union is going to bring the Balkans closer the EU's borders, thus
compromising security.
Taken together, these sources prove, along with some analysis, the European
integration of ideology is indeed occurring dramatically. In addition, it is going to have
strong consequences that will affect the domestic structure of the European Union, as
well as global society.
History of the European Union
The foundation of what is now known as the European Union occurred during the
end of World War II. Winston Churchill's speech at the University of Zurich is believed
to be one of the initial pushes towards this union. In this speech, he evoked the necessity
of the "tragedy of Europe" having to unite before it destroys itself.1 Also, wishing to put
an end to Earth-shattering wars in Europe, Jean Monnet, the proclaimed "father of
Europe," proposed a union between the major coal and steel producers. These two
industries were vital for war interests. It was thus believed that pooling these resources
would limit to any conflict that might normally ensue. On May 9, 1950, in a similar
speech, Robert Schumann, the French Foreign Minister at the time, proposed that France
and the Republic of Germany should pool their resources.2 On April 18, 1951, six
1 Nelson, p.3.
2 Fontaine, p.35.
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European powers-Belgium, France, Germany, Italy, Luxembourg, and the
Netherlands-signed the Treaty of Paris, thus establishing the European Coal and Steel
Community (ECSC).3
One year following the Treaty of Paris, there was a proposal to form a common
defense union. On May 27, 1952, the treaty establishing the European Defense
Community was signed in Paris. However, the French Parliament rejected the treaty on
August 30, 1954. Disappointed, the other members of the Community met on October 20
and form the Western European Union.4
Further developments were made toward unity. In 1957, three years after the
French National Assembly had rejected a European Defense Community, the Treaty of
Rome was signed, establishing the European Economic Community (EEC) and the
European Atomic Energy Community (EURATOM). The new members began removing
trade barriers between themselves and forming a "common market." Customs duties on
manufactured goods were abolished by July and common policies, notably those on
agriculture and commerce, were in place by the end of the decade. 5 On January 4, 1960,
the Stockholm Convention established the European Free Trade Association, and by July
30, 1962, a common agricultural policy is introduced throughout the member states. 6
In 1967, the institutions of the three communities were joined. From then on,
there was a single commission and a single Council of Ministers as well as a European
Parliament.7 On July 1, 1968, the remaining customs that are in effect in intraCommunity
trade on manufactured goods are abolished and the Common Customs
3 Fontaine, p.2.
4 Fontaine, p.35.
5 Fontaine, p.2.
6 Fontaine, p.35.
7 Fontaine, p.2.
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Tariffs are introduced.8 Along the way, the European Community started to grow.
Denmark, Ireland, and the United Kingdom joined in 1973.9
The need for economic unity was first apparent in the early 1970s when the
United States suspended dollar convertibility. This was also seen as a period of
worldwide economic instability, aggravated by two oil crises in 1973 and 1979. The
launch of the European Monetary System in 1979 helped to stabilize exchange rates and
encourage members to develop strict economic policies, which allowed them to give each
other financial support and benefit from the discipline imposed in an open economic
arena.10
Originally, the Parliament members were appointed by their national
parliaments. However, in 1979, the first elections were held, allowing citizens of
member states to vote for their representative in the European Community; direct
elections have since been held every five years.11 During the 1980s, the European
Community continued to expand, including Greece in 1981 and Spain and Portugal in
1986.12
In 1992, the Treaty of Maastricht was introduced to form co-operation between
the member-state governments in other areas, such as defense and ''.justice and home
affairs." Through this new inter-governmental co-operation, the European Union was
formed. Also, in 1992, the European Union decided to establish economic and monetary
unity, which involved the introduction of a single European currency-the Euro-managed
by the European Central Bank. The goal was to have a monetary union by
8 Fontaine, p.36.
9
Fontaine, p.2.
10 Fontaine, p.2.
11 Fontaine, p.2.
12 Fontaine, p.2.
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1999. Other issues agreed upon at the Maastricht Conference included European
citizenship, a conunon foreign and security policy, and internal security. 13
Following the
Maastricht Treaty involved the inclusion of new members, Austria, Finland, and Sweden
joined the Union in 1995.14
In 1997, the members negotiated a new treaty that strengthened Maastricht,
signed in Amsterdam. This adapted and strengthened the Union's policies and powers,
especially in judicial cooperation, the free movement of persons, foreign policy, and
public health. The European Parliament was granted new powers, confirming its role as
joint legislator. 15
As Gerard Schroeder once said, "The euro will raise the citizens' awareness of
their belonging to one Europe more than any other integration step to date." The single
currency discussed during the Maastricht conference became a reality on January 1, 2002.
Euro notes and coins replaced national currencies in twelve of the fifteen EU countries
{Belgium, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the Netherlands,
Austria, Portugal, and Finland).
16
The European Union is currently preparing to welcome in ten additional countries
from eastern and southern Europe in 2004: Cyprus, the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. Bulgaria and
Romania are expected to follow a few years later, and Turkey is currently a candidate
13p •
2 ontame, p . . 14p •
ontame, p .2.
1s F • 2 ontame, p . .
16 F • 2 ontame, p . .
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country .17 By looking at the map below we can see how much territory this will enlarge
Europe.
European Union and Integrating Countries
Integration of National Policies
Throughout its history, the European Union has experienced an integration of
political institutions and members, and also an amalgamation of ideology. Certain
domestic policies have been universally adapted throughout Europe. Naturally, some of
these have been changes that collectively the European Union has decided upon that
individual countries have then decided to implement. This alone, though just a quality of
being in an institution such as the European Union, reflects upon how autonomous each
nation is and how many of these countries have gained the same values through
17 EUROPA index, p.2.
18
Europa.
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implementation. However, this social policy that the European Union requires its
members to comply with makes sure that they will benefit from their membership in the
internal market.
19
There are other trends that nations have adopted on their own. One such trend in
the last decade has been trade unions. During the 1990s, "a new form of social
partnership developed in the form of tripartite and bipartite social pacts with in EU nation
states. "
20
These new arrangements have been introduced to every EU member, except
the UK and France, including those members with a history of "corporatism and social
dialogue" (Austria, Germany, Netherlands) and nations where there is no evidence of
such extreme capitalism (Ireland, Portugal, Spain). These pacts involve a trade-off, in
which unions agree to trade moderation, reduced public expenditure, and flexible
working arrangements in return for a commitment by the state to prioritize
unemployment. 21
Some policies that have become especially noticeable have been social
movements. The United Kingdom recently shifted to socialism and currently has
socialized medicine amongst other benefits for their citizens. In Germany, the
unemployment benefits reflect on their increasingly socialized society. It has been
considered so extreme that at times, it is often considered more economically sound to be
on unemployment than to work. There may be several other economic policies that these
members are starting to follow also. According to D. Trubek,
Once economic interdependence reaches a certain point, and borders no
longer serve as major barriers to economic movement, there is a pressure
towards uniformity in economic policies. These pressures may come
19
Madura, p.5.
20
Taylor, p.98.
21
Taylor, p.98.
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about to ensure fair competition and the smooth functioning of economic
enterprises that span national borders, or they may be the result of
'regulatory competition' among sovereignties in a unified space. 22
This indicates how the interdependence in the European Union has affected the member
states to such an extent that they have started to integrate their individual national
policies.
The member states have also been physically integrating the continent. Two
obvious instances of this are the Channel tunnel and the Danish-Swedish tunnel link. The
expansion of the high speed rail from France to southeast England had already been
achieved in the late 1990s, and work was underway for lines to Milan, Rome, Barcelona,
Madrid, Lisbon, Berlin, Bonn, Brussels, Copenhagen, Stockholm, and, eventually, into
Eastern Europe, with lines to Prague, Warsaw, and Moscow.23 These are actions that
were taken by the countries, not necessarily by the EU. The EU is having an effect on
making European nations closer physically to each other, and this symbolizes ideological
convergence occurring as well.
There has also been Union-wide changes pertaining to who can run for local civic
positions. Nations are opening up their political offices to foreigners. While Denmark,
the Netherlands, Sweden, Belgium, France, Austria, Germany, and the United Kingdom
closed their national elections to foreigners; in Denmark and Sweden, foreigners can
participate and run in local and regional elections. In Norway, Finland, and the
Netherlands, foreigners can run at the local but not the regional level. Switzerland,
though not a EU member, the cantons of Neufchatel and Jura grant foreigners these
22
Madura, citing D. Trubek, p.5. 23 Davidson, p.71.
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rights too.24 This policy towards allowing foreigners in one's government, regardless of
one's citizenship, implies how interconnected Europe is starting to feel with itself.
These trends are very significant in analyzing the European Union's future in
international affairs. Not only is the European Union bring these countries closer
together; simply belonging to the EU is bringing them together. They signify that certain
universal policies are being turned into "European policies." Along with similar policies,
come similar priorities within the European Union, thus creating an even more unified
confederation.
Integration of International Policies
It is important to see the convergence of individual members of the EU in other
international organizations. By analyzing this, other nations can judge how they my have
to act in these similar international organizations, especially if the European Union
continues on its path to act with a "single voice." In order to do a general evaluation of
this, I looked at various voting instances in the United Nations. I analyzed four years
throughout the United Nations' history at random. These years ranged from almost
directly following the Second World War, 1948-1949; the midst of the Vietnam War,
1971; the end of the Cold War and surrounding such catastrophes as Chernobyl and
Tianenmen Square, 1989; and present day, 2001.25 One must keep in mind, however,
when looking at these results that there is always the possibility that they are the
consequence of coincidence. Some of these issues could just be the result of the climate
of world affairs at the time and have little to do with the integration. However, it is
24 Benhabib, p.165.
25 This is the most recent documentation available for Yearbook of the UN.
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interesting to note, that there does generally tend to be a pattern of increased similarity in
their opinions.
% Congruence in UN Committees
100%
80%
-
60%
l-+-Series1 I
40% fl.
20%
0%
1940 1950 1960 1970 1980 1990 2000 2010
Year
When analyzing some of the results that I collected from 1948 - 1949, I came to
the realization that not as much of their data was collected, either as a result of lack of
conferences or a lack of recording. From the majority of the data that I collected there
was either a general consensus amongst the votes or some of the nations abstained. Only
once in the five issues that I examined was there a notable disparity amongst the votes.26
The agenda with the disparities pertained to the training in public administration. The
agendas that they did have similar opinions on dealt with discrimination in international
trade, transportation, and more international questions relating to security. The
unparalleled consensus from this year could be attributed to the fact that most of the
issues on the agenda following the post-war years had to deal with rebuilding Europe.
The results in the early seventies show quite different results, however. Of the
seven issues that I looked at from 1971, three of them showed disparities amongst
26 The number of issues looked at is dependent upon the number of quality sessions documented with data
in the Yearbooks of the UN for that respective year.
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European nations. Those conferences with disagreement were pertaining to the UN
Capital Development Fund, development and the environment, and policies towards
Asia. The other conferences related to international development, international monetary
situation, and t
Strategies of the Christian Coalition and its Influence on Abortion Politics in the U.S.
No full textThe success of the Christian Coalition was not an overnight phenomenon. It was the result of a calculated, sophisticated strategy to build a disorganized social movement into a formidable party faction with a grassroots-oriented network of activists. The Christian Coalition emerged from a dying group to become an influential and mainstream organization within today's political arena. This paper will show how the Coalition was able to diversify and mainstream its agenda, attracting many more supporters, while still successfully working toward one of its original and most controversial goals: to end abortion practices.Strategies of the Christian Coalition
and its
Influence on Abortion Politics in the U.S.
Dana Langer
Senior Thesis
Religion & Politics in America
5-20-03
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Strategies of the Christian Coalition and its
Influence on Abortion Politics in the U.S.
Beginning in 1994 with the election of a Republican majority in Congress,
followed by the close election of George W. Bush and the sweeping success of the GOP
across the nation in 2002, the Christian Coalition has proven itself a key influential group
in American politics. Republican candidates eagerly seek the approval of Christian
conservatives, as Ralph Reed, leader of the Coalition until recently, acknowledged his
group's power to generate massive support through a grassroots network. Reed claims
that "without this coalition, the fastest-growing element in new politics, the Republican
party would return to the minority status it languished in for most of the post-World War
II period."1
The Christian Coalition began its organization with a small and focused agenda,
one of its most important issues being the complete abolishment of abortion procedures.
Other issues the Christian Coalition originally focused on were school prayer, funding for
private, religious institutions, and ending gay rights. The Christian Coalition agenda
gained the following of many evangelicals, but did not produce substantial influence
within Congress, as many Americans viewed the Christian right movement as "troubling
because its ultra-conservative activities introduced bitter religious divisiveness into our
democracy and [were] out of touch with the majority of America."2 Under the leadership
of Reed and the Reverend Pat Robertson, the Christian Coalition has diversified and
1
Reed, Ralph. Active Faith. The Free Press. 1996.
2 ''The Christian Coalition: Undermining America." Church and State. November 2002 v 55 il0 pl6(1).
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softened its agenda, attracting many mainline Protestants and Catholics while
maintaining evangelical support, to encompass a "pro-family" stance.
The Christian Coalition acknowledges that its success rests within its ability to
help mobilize the turnout of white evangelicals.3 Therefore it is necessary to define an
"evangelical." Evangelism is formed as a compound of an emotional experience of
"rebirth" and a commitment of obedience to God's law .4 Evangelicals believe that
eternal salvation comes only through faith in Jesus Christ and, therefore, it is necessary to
spread the Gospel through missions and witnessing. Most Evangelicals understand the
Bible as absolutely true and literal. Baptists, Orthodox Presbyterians, Pentecostals, and
some Lutherans are several of the groups making up the Evangelical Protestants.
In recent years the Coalition has expanded its message and welcomed the support
of other religions and denominations, including Mainline Protestants and some Catholics.
"Mainline" churches include Congregationalists, Episcopalians, Methodists, the
Presbyterian Church, and some Lutherans. Years ago these churches were considered
among the most conservative. Now, church attendance is dropping, as Mainline
Protestant churches are losing out to the more conservative and popular Evangelicals.
Mainline is now considered middle ground and mainstream.
Many Mainline Protestants joined forces with Evangelicals in 1995 under a profamily
agenda, when the Christian Coalition presented its Contract with the American
Family, a plan to strengthen the family and restore common-sense values. Where the
Christian Coalition originally focused on social issues, such as abortion and limits for gay
rights, the Contract included a balanced budget amendment, tax relief for families,
3 Wilcox, Clyde. Onward Christian Soldiers? The Religious Right in American Politics. Westview Press.
1996.
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welfare reform, and term limits. Other items that constitute a "pro-family" agenda
include restricting pornography, protecting parental rights, promoting school choice, and
restoring religious equality. Reed explained in the introduction to the Contract, that these
issues "emerged from a survey of Christian Coalition members and supporters, extensive
polling, and focus groups. Each item in the Contract enjoys support from between 60 and
90 percent of the American people."5
Although ending abortion practices was and still is an important part of the
Christian Coalition's goal, this controversial subject was strategically hidden behind
economic issues within the Contract with the American Family to attract more
supporters. Reed introduced this pro-family contract for the 104th Congress, as a focal
point during their post-one-hundred days in 1995, although the mainstream agenda items
as a strategy remain the focal point behind the Coalition's achievements.
The success of the Christian Coalition was not an overnight phenomenon. It was
the result of a calculated, sophisticated strategy to build a disorganized social movement
into a formidable party faction with a grassroots-oriented network of activists.6 The
Christian Coalition emerged from a dying group to become an influential and mainstream
organization within today's political arena. This paper will show how the Coalition was
able to diversify and mainstream its agenda, attracting many more supporters, while still
successfully working toward one of its original and most controversial goals: to end
abortion practices.
4 Hudson, Winthrop S. and John Corrigan. Religion in America. Sixth Edition. Prentice Hall. 1999.
5 Christian Coalition. Contract with the American Family. 1995. 1-39.
6 Rozell, Mark J. and Clyde Wilcox. "Second Coming: The Strategies of the New Christian Right."
Political Science Quarterly, Volume 111, Issue 2 (Summer, 1996), 271-294.
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History of the Christian Coalition
The first meeting of the Christian Coalition was held in Orlando in late 1989. At
that time there were fewer than five thousand members and the first rally attracted only
six hundred supporters. Now, less than thirteen years later, this religious coalition claims
over two million supporters, but other data suggest 300,000-400,000 members,
7
and it has
grassroots organizations in all 50 states, including over 2,000 local chapters. Their
headquarters is now strategically placed in Washington D.C. where the Christian
Coalition extends its influence on a national level. In political terms, the Christian
Coalition has arrived.
The Christian Coalition was founded by Pat Robertson and was born out of
another dying religious right movement, the Moral Majority. Led by Jerry Falwell, the
Moral Majority was the premier Christian right group of the 1980's. Falwell was a
Baptist Bible Fellowship pastor who had built the Thomas Road Baptist Church in
Lynchburg, Virginia, into a megachurch with more than 15,000 members. He was an
eager advocate for the Christian right, appearing on television programs soon after the
1980 election to claim that evangelicals had provided Reagan's victory margin. 8 The
group attracted mainly Baptists, but was seen as relatively hostile to other churches and
religious organizations.
The Moral Majority's agenda held a wide variety of broad issues. The core
agenda included opposition to abortion, support for school prayer and tuition tax credits
for religious schools. Falwell was constantly speaking out for increased defense
7 People for the American Way. Right Wing Watch. www.pfaw.org. Sept. 2002.
8 Wilcox, Clyde. Onward Christian Soldiers? The Religious Right in American Politics. Westview Press.
1996.
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spending and he attempted to build support for conservative economic issues, such as
cuts in welfare spending and the return to the gold standard.
9
The Moral Majority used direct mailings for recruitment, issue briefs, and most
importantly, fundraising. When televangelist scandals were publicized in the media,
America became very skeptical of all groups claiming religious affiliation; therefore,
fundraising efforts by the Moral Majority were damaged. Falwell, consumed with
distractions from the scandals, renamed the Moral Majority the Liberty Federation and
turn the group over to Jerry Nims, an Atlanta entrepreneur. The absence of Falwell's
leadership was a major contributor to the dismantling of the group.
Pat Robertson, a Baptist minister, religious talk show host, and future founder of
the Christian Coalition, announced his candidacy for president of the United States in
1987, just before the reports of televangelist scandals came to the surface. His campaign
was also hurt by religious skepticism. Robertson's presidential bid was stifled further
due to religious prejudices, much like the growth of the Moral Majority. Yet the
Robertson campaign was a vital part of the birth of a new, more sophisticated Christian
right.
IO
After Robertson's failed presidential run and the disbanding of the Moral
Maj01ity, many observers proclaimed the end of the Christian right and their influence on
politics, but out from the ashes emerged a new, stronger organization. Pat Robertson was
the founder of the Christian Coalition. He felt that there was still a large group of
Christian conservatives waiting to be mobilized for political action. Robertson appointed
9 Wilcox, Clyde. Onward Christian Soldiers? The Religious Right in American Politics. Westview Press.
1996.
10 Wilcox, 1996.
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the leader of the National College Republicans, the young Ralph Reed, to head the
organization.
As president of the Christian Coalition, Reed foresaw more than a direct mail list
or television ministries; the key to giving these religious folk a voice was in a grassroots
organization.11 Reed drafted a memo outlining the organizational structure of such a
group. The proposition was that any new group must "break the mold of its predecessors
by building a grassroots infrastructure by region, state, county, precinct, all the way down
to block captains. It must assiduously avoid a direct mail strategy that sought to gain
political influence by merely assembling a huge mailing Iist."
12 The memo continues:
There exists in American politics today a tremendous vacuum that must be filled.
Estimates on the number of evangelicals range from a low of 10 million to a high
of 40 million. Whatever the actual number, there is no constituency in the
American electorate with greater explosive potential as a political force. Nor is
there any constituency of comparable size and energy so pitifully unorganized and
uneducated. 13
Reed offered the creation of a "national political organization dedicated to mobilizing,
educating, and activating evangelicals," along with other religious allies, including
Roman Catholics. The idea was to create a religious coalition that would not limit itself
to evangelicals, but instead would cater to all groups hoping to instill social change and
focus on family values.
Reed began the coalition without an office, without money and without staff. The
original Virginia office space and phone lines were purchased by credit card. Initial
media attention speculated that the Christian Coalition was the beginning of a support
11 Reed, Ralph. Active Faith. The Free Press. 1996. 12 Reed, Ralph. Politically Incorrect: The Emerging Faith Factor in American Politics. Word Publishing.
1994.
13 Reed, 1994.
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base for another Pat Robertson presidential bid. Despite media skepticism, Reed was
able to lead the Christian Coalition into becoming today, as many argue, the most
influential special interest group in politics at local, state, and federal levels. The
coalition's success rests within its ability to mobilize grassroots efforts and to elect other
Christian conservatives into office.
In recent years the Christian Coalition has fallen into harder times. Reed stepped
down as executive director in 1997, passing the torch to Roberta Combs, and Pat
Robertson resigned from the presidential position, stating he wished to spend more time
with his family. The coalition has also suffered a severe decline in donations, from 3 million in 2000.14 Despite these setbacks, this
religious organization continues hold significant political influence, especially within the
Republican Party.
The Christian Coalition now stands at a critical crossroad. Its future rests in
leadership and the ability to maintain a diversified agenda and to attract more members
and funding. If the Christian Coalition follows the path of its conservative predecessors,
it may be remembered as a brief movement in history, with a short lasting legacy. The
Christian Coalition must continue to act as a mobilizing force, producing a permanent
movement in American politics.
The Abortion Controversy and Roe v. Wade
To understand the importance of the abortion issue to the Christian Coalition and
its Evangelical supporters, it is necessary to learn the politics and controversy behind
abortion in America, as it remains one of the most heated issues. Roe v. Wade declared a
7
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woman's decision to have an abortion a constitutionally protected right. In the years
since the court handed down its ruling the politics of the abortion controversy has
affected every branch of government. Abortion is a very emotional issue for both
advocates and opponents. Those who favor the abortion option discuss the issue in terms
of a woman's right to control her own body and the right to privacy. Those who speak
against abortion, such as the members of the Christian Coalition, often cite religious
concerns with murder and protecting the right of the unborn. The Supreme Court, in
1973, agreed that women did indeed have the right to privacy, although it is not explicitly
stated in the Bill of Rights.
The major Supreme Court decisions that paved the way for Roe v. Wade were
Griswold v. Connecticut (1965) and Eisenstadt v. Baird ( 1972). Griswold v. Connecticut
struck down a Connecticut ruling that found Eisenstadt, director of Planned Parenthood
League of Connecticut, guilty of prescribing contraceptives to a married couple. The
Court declared that the "state law infringed on individuals' constitutional 'right of
privacy,' which the Court "drew on prior cases recognizing that the enumerated
guarantees in the Bill of Rights have penumbras, or shadows, that protect individuals'
privacy interests." 15
The Court's ruling in Griswold was limited to married couples and their right to
privacy; it did not apply to single women. Seven years later, in Eisenstadt v. Baird, the
Court established that single individuals also have the right to acquire and use
contraceptives. A Texas doctor was arrested after handing out contraceptive samples at a
14 People for the American Way. Right Wing Watch. www.pfaw.org. Sept. 2002. 15 Craig, Hinkson Barbara and David M. O'Brian. Abortion and American Politics. Chatham House
Publishers, Inc. Chatham, New Jersey. 1993.
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public health lecture. Relying on Griswold, the Court felt that denying singles the same
right to privacy would violate the Fourteenth Amendment's equal protection clause.
It was on the basis of this right to privacy that Sarah Weddington and Linda
Coffee, two recent graduates of the University of Texas Law School, filed Roe v. Wade
against Henry Wade, Dallas County's criminal district attorney, on behalf of Norma
Mccorvey, or "Jane Roe." Roe was a twenty-one year old high school dropout and
divorcee with one young child when she became pregnant again in 1969. She
unsuccessfully sought an abortion. Roe carried the baby to term and gave it up for
adoption.
At that time in America, women were more visible in the workforce, were having
fewer children, and were economically contributing to the household. Thus, in
accordance with changing times, fourteen states liberalized their laws to permit abortion
when the "women's health was in danger, when there was a likelihood of fetal
abnormality, or when the women had been a victim of rape or incest. Four states-Alaska,
Hawaii, New York, and Washington-had gone as far as to repeal all criminal penalties for
abortions performed in early pregnancy."
16
The Texas law stated that a woman could attain an abortion only if her life was at
risk. Weddington and Coffee claimed that Roe had suffered a legal injury and her
constitutional rights were infringed. The Texas federal district court agreed that the state
law was unconstitutional, but refused to enforce the ruling because the appellants did not
adequately show evidence of injury.
16 Craig, Hinkson Barbara and David M. O'Brian. Abortion and American Politics. Chatham House
Publishers, Inc. Chatham, New Jersey. 1993.
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Working its way through the court system, Roe v. Wade was heard before the U.S.
Supreme Court on December 13, 1971. The fundamental question in the case was
whether the fetus was a person. Weddington explained that neither Texas nor the courts
proclaimed a fetus to have constitutional rights. The relevant issue, explained
Weddington, "involved a conflict between the constitutional rights of women and the
regulatory interests of the state." 17
Concerning the basis of women's constitutional rights, on January 1973, the Court
struck down the Texas law because it violated the Due Process Clause of the Fourteenth
Amendment. Justice Blackmun, who delivered the opinion of the Court, explained that
the Texas abortion law infringed on women's constitutional right of privacy. States could
no longer "categorically proscribe abortion or make them unnecessarily difficult to
obtain."
18
The Court ruled that the decision to have an abortion is between a woman and
her doctor. During the second trimester, states may regulate abortions, but only in ways
reasonably related to safeguarding the health interests of a woman. In the third trimester,
states have a compelling interest to regulate the life of the unborn and therefore, may
limit or ban abortions, except when necessary to save a woman's life.
Although Justice Blackmun agreed that states could no longer make abortions
unnecessarily difficult to obtain, he further warned:
The appellees argue that the fetus is a "person" within the language and meaning
of the Fourteenth Amendment. In support of this they outline at length and detail
the well-known facts of fetal development. If this suggestion of personhood is
established, the appellant's cause, of course, collapses, for the fetus' right to life
would then be guaranteed specifically by the Amendment. 19
17 Craig, Hinkson Barbara and David M. O'Brian. Abortion and American Politics. Chatham House
Publishers, Inc. Chatham, New Jersey. 1993.
18
Craig and O'Brian, 1993.
19
Roe v. Wade. 410 U.S. 113 (1973).
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This warning gives hope to pro-life supporters such as the Christian Coalition,
who advocate for abolishing the legality of all abortion practices. Their fight revolves
around the belief that a fetus is a person and, therefore we must not destroy a life that
God created. There are also some medical procedures in recent years that support the
fetus' role as a person. There are new treatments for the fetus while in the womb, even
including some forms of surgery; heart surgery was first performed on a fetus in 1990.
The fetus is, for the first time, beginning to develop a social role. 20
For now, the medical field does not agree whether the fetus is to be declared a
person and the courts follow suit. Therefore, abolishing abortion procedures remains one
of the most vital and emotionally charged agenda items for the Christian Coalition and
other pro-life supporters. The Coalition does support Supreme Court candidates it
believes will help reverse the Roe v. Wade decision, but its main vehicle of change is to
work within the state legislatures.
New Strategies of the Christian Coalition
The success of the Christian Coalition as an influential interest group is
contingent upon developing new, more sophisticated strategies than those of its
predecessor, the Moral Majority. Under the leadership of Ralph Reed, the Christian
Coalition has learned from past religious right groups and has adjusted its strategies to
achieve a broader range of support and a greater ability to pass its agenda. In order to
reach the average voter the Christian Coalition has moved beyond the controversial
abortion and homosexuality issues.
20 Blanchard, Dallas A. The Anti-Abortion Movement and the Rise of the Religious Right. Twayne
Publishers, New York. 1994.
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Mainstreaming its Message
When the Christian Coalition succeeds in nominating one of its own to run in the
general election, there has been a growing attention to try to mainstream the candidate's
message.21 The Christian Coalition utilizes this mainstreaming strategy because it wishes
to avoid mistakes of its predecessor, the Moral Majority. Moral Majority leader, Jerry
Falwell openly blasted the civil rights movement and legal abortions as directly ignoring
the teachings of Jesus Christ.22 Falwell's fiery speech turned people away from
supporti
Arms Control: Past, Present, Future
No full textThis thesis will put sole emphasis on weapons of mass destruction as opposed to conventional forces because WMD present the greatest challenge, as well as the greatest potential success, for arms control. Before any discussion can take place on the future of arms control, the past endeavors of and current threats to arms control must be explored. Thus the history of twentieth century arms control agreements on WMDs is analyzed in chapter one. The current threats that arms control seeks to dismantle is examined in chapter two. Chapter three will delve into two crucial elements of arms control that will provide hurdles to future success: verification and enforcement. Chapter four will examine the road ahead for arms control as it seeks to play a part in the post-Cold War world. Arms control has influenced the world a great deal in the twentieth century. However, if arms control is to remain relevant in the twenty-first century, it will be forced to change its focus as well as its technique in order to achieve solid results.Arms Control: Past, Present, and Future
Ryan O'Leary
05-26-03
Gustavus Student Repository
Table of Contents
Introduction ......................................................................... 1
Chapter 1: The Legacy of Arms Control.. ..................................... 3
Chapter 2: Weapons of Mass Destruction in the Contemporary World ... 12
Chapter3: Verification and Enforcement.. ..................................... 20
Chapter 4: The Road Ahead ...................................................... 26
Conclusion ........................................................................... 32
Works Cited ......................................................................... 34
Gustavus Student Repository
Ryan O'Leary
05-18-03
Introduction
What is arms control? For one, arms control is the means by which the world, or
groups of nation-states attempt to limit the armaments of itself and/or other nation-states.
Ever since the invention of weapons, adversaries have wanted to limit the number of
weapons the other possessed. But arms control is much more than the end result of a
desire for parties to limit their arsenals. Arms control is a process. A process that brings
together those who view the escalation of weapons production as a threat to the security
of their nation-states or even the world. At certain times during the history of arms
control, the process itself has become more important than the end result of an agreement.
Times have changed now however, and arms control can play a large role in shaping the
safety of the future by showing results of the process.
If arms control is to be continued as a legitimate policy it will need to address the
issues that have been brought to the forefront of public consciousness by September 11th
•
Arguably, there has not been a sense of urgency attached to arms control since the middle
of the Cold War. The need for safeguarding and reducing existing weapons of mass
destruction (WMD) along with preventing "rogue" nation-states and terror organizations
from developing WMD can be addressed by effective nonproliferation arms control
efforts. In the last ten years there have been significant steps in the right direction as far
as arms control agreements are concerned. For example, both the Biological and
Chemical Weapons Conventions were signed by a majority of the nation-states in the
world. However, there is still much to be accomplished in the realms of verification and
enforcement.
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This thesis will put sole emphasis on weapons of mass destruction as opposed to
conventional forces because WMD present the greatest challenge, as well as the greatest
potential success, for arms control. Before any discussion can take place on the future of
arms control, the past endeavors of and current threats to arms control must be explored.
Thus the history of twentieth century arms control agreements on WMDs is analyzed in
chapter one. The current threats that arms control seeks to dismantle is examined in
chapter two. Chapter three will delve into two crucial elements of arms control that will
provide hurdles to future success: verification and enforcement. Chapter four will
examine the road ahead for arms control as it seeks to play a part in the post-Cold War
world. Arms control has influenced the world a great deal in the twentieth century.
However, if arms control is to remain relevant in the twenty-first century, it will be
forced to change its focus as well as its technique in order to achieve solid results.
2
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The Legacy of Arms Control
"If the radiance of a thousand suns were to burst at once into the sky that would
be like the splendor of the Mighty One .. .I am become Death, the Shatterer of Worlds"
(quotationspage.com). With these words in 1945, J. Robert Oppenhiemer highlighted
what the world would soon know: science had created a force so awesome on one hand
yet so deadly on another. The atomic era forever changed the balance of power in the
world and created an illusion of impending apocalypse that would strike fear into every
comer of the globe. Following the introduction of the nuclear bomb, the powers of the
post-World War II world scrambled to get their hands on man's most devastating
weapon. The resulting arms race coupled with the growing hostilities between the East
and the West made way for the need to limit the spread and production of nuclear arms.
Prior to the development of the first atomic bomb, there were certain forms of arms
control. However the nuclear age posed new needs and with these new needs came the
birth of modem arms control.
In its infancy in the 1940s and early 1950s, arms control was considered to be a
means to erase the horrors that were unleashed on an unsuspecting world in 1945. Soon,
however, the world realized that this wasn't possible. After this realization, the dominant
nation-states already in possession of nuclear weapons sought to make sure no one else
acquired them. The next phase of theory embraced by nation-states around the world was
that arms control should do exactly what its name implies, control the production of arms.
As a result, arms control agreements focused on limiting the size of the superpowers'
nuclear arsenal. However, with the demise of the Soviet Union in 1991, the world has
moved the goal of nuclear arms control policies towards its original goal of the complete
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annihilation of nuclear weapons. It is this circle of thought that will be the focus of this
first chapter. To find out where arms control is heading there can be no better place to
start than at the beginning of the evolutionary process.
Only a few years after the United States dropped the first atomic bomb on Japan
in 1945, one thing became abundantly clear: the atomic bomb could not be disinvented.
Immediately following World War II, while the United States was still the only nationstate
to possess nuclear weapons, the U.S. drafted a plan drafted to disarm unilaterally. In
the "Baruch plan", the U.S. would disarm completely and disclose all civil nuclear
technology to the world (Sheehan, 3). This plan was met with hostility from the Soviet
Union in the United Nations Security Council, which didn't believe that the United States
would be faithful to its plans to disarm. The backbreaker, however, for complete nuclear
disarmament occurred when France argued that it was impossible to measure and verify
the amount of fissile material in the world. It was impossible to tell if any was being
hidden (Sheehan, 4). After the Soviet Union tested its first atomic bomb in 1949,
followed by the first thermonuclear bomb test by the U.S. in 1954 gave birth to the arms
race and guaranteed that disarmament wouldn't take place in the Cold War world.
The world had to wait another seventeen years before a significant step towards
nuclear arms control was taken. The Limited Test Ban Treaty of 1963 "prohibited nuclear
weapons tests or any other nuclear explosion in the atmosphere, in outer space, and under
water" (USADAC, 24). Part of the need for this test ban treaty was highlighted in
incidents involving the United States and the Soviet Union. In March of 1954, the United
States exploded a thermonuclear device on the Bikini Atoll. This nuclear test resulted in
twice the yield that was expected and infected a Japanese fishing boat, whose crew fell
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victim to radiation sickness. Japan was also the unlucky recipient of radioactive rain
caused by a Soviet nuclear bomb test (USADAC, 24). Through events like these that the
world learned that the testing of nuclear weapons had far reaching consequences that
went beyond mere borders.
The Limited Test Ban Treaty was an important step in the direction of nonproliferation.
It showed a willingness on the part of almost all of the world to forgo any
above-ground testing of nuclear weapons. Since testing was so closely construed with
possession, the Limited Test Ban Treaty served as a means of securing non-proliferation
(USADAC, 65). The test ban, as it kept harmful radioactivity out of the atmosphere, was
only the beginning of efforts by those who possessed nuclear weapons to stop others from
gaining possession of them. A great amount of global power and scientific prestige comes
with a nation-state's ability to produce a nuclear bomb. Perhaps it is not a coincidence
that the five permanent members of the U.N. Security Council also were the first five
nations to acquire nuclear weapons. With France (1960), China (1964), the United
Kingdom (1952), and the USSR (1949) all joining the United States in the acquisition of
nuclear weapons, the possibility of a world full of nuclear powers began to take shape.
An increase of nation-states possessing nuclear weapons subsequently increased the "risk
of nuclear war as a result of accident, unauthorized use, or escalation of regional tension"
(USADAC, 65). To counter this danger a new multilateral treaty needed to be formed.
In 1968 the issue of nuclear proliferation was addressed in the Non-Proliferation
Treaty (NPT). The NPT was a multilateral agreement that over a hundred countries
signed. Yet, it was "essentially a treaty between two parties; the nuclear weapon states on
one side and the non-nuclear states on the other" (Sheehan, 27). In exchange for the non-
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nuclear states not attempting to acquire atomic weapons, the nuclear states would provide
them with civil nuclear technology. The main focus of the NPT was similar to the Baruch
plan (proliferation of civil nuclear technology in exchange for countries not advancing
nuclear programs for militant purposes) advanced by the United States in 1946 but
rejected by France and the USSR in the United Nations. However, now nation-states that
were previously against such non-proliferation agreements, such as France and the
USSR, had acquired nuclear weapons. Therefore they were more than happy to stop other
nation-states from trying to acquire nuclear weapons.
Negotiations over the NPT primarily focused on three issues: safeguards, security
assurances, and balanced obligations (USADAC, 67). Since nuclear materials have both
military and civilian purposes, many of the non-nuclear states wanted safeguards to
insure that states couldn't use peaceful nuclear technology to help gather the weapongrade
material needed to make a nuclear bomb. In order to eradicate this problem, the
final draft of the NPT included provisions that "non-nuclear states could negotiate
safeguard agreements with the IAEA (International Atomic Energy Agency) either
individually or together with other states" (USADAC, 67). Over the course of twenty
years all the major powers would form such agreements.
The second issue, security assurances, involved non-nuclear states wanting a
guarantee that they would not be at a permanent military disadvantage to nation-states
that possessed nuclear forces by not seeking to add nuclear weapons to their own arsenal.
The answer to this problem was in the form of a U.N. Security Council resolution that
charged all of its members, especially the five permanent members, to take action against
any nuclear aggression or threat of nuclear aggression.
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The third issue to be taken up in negotiations regarded balanced obligations. This
issue was one that would have ramifications for the direction of future arms control
agreements. Non-nuclear states were not going to acquire nuclear weapons. As a result,
non-nuclear states wanted a commitment from the nuclear states that they would move
towards "reducing their nuclear arsenals and to make progress on measures towards
comprehensive nuclear disarmament" (USADAC, 67). The arms race between the United
States and the USSR showed that the two superpowers didn't take this provision
seriously. Although the world wanted nuclear disarmament, nation-states would have to
wait through another phase of arms control theoretical evolution before any genuine
attempt at reduction or disarmament was taken.
The arms race between the United States and the Soviet Union took a heavy toll
on both nations' economies in the late 1960s. Exploiting fears such as the supposed
missile gap, both countries created an arsenal that was more than capable of inflicting
enough damage to ensure Mutually Assured Destruction (MAD). Though it would seem
logical and appropriate to stop the arms buildup at that time, the United States developed
a triad approach to its nuclear arsenal. This triad represented the three different delivery
systems the United States had for deploying its nuclear arsenal: bombers, submarines,
and ground-launched ballistic missiles. Since each of these three parts of the triad had to
contain the firepower to destroy the Soviet Union, the United States began a buildup. The
Soviet Union, however, was forced to match this buildup of nuclear arms that could only
be described as overkill (Sheehan, 29-30). These circumstances set the stage for the first
round of the Strategic Arms Limitation Talks (SALT I).
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SALT I represented a slight shift from the arms control theories that dominated
the 1950s and early 60s. Instead of focusing on stopping others from gaining nuclear
weapons, the two superpowers set limitations on their own production and deployment of
nuclear arms. These limitations came in the form of the Anti-Ballistic Missile (ABM)
treaty in 1972, which limited the number of anti-ballistic missile sites for each country to
two. In addition the Interim Agreement, also in 1972, set a cap on submarine-launched
ballistic missiles (SLBM). The Interim Agreement limited the arsenals of each nationstate
by the number of launchers each side could possess. This method of limitation
represents a crucial mistake and failure in SALT I. While SALT I was progressing, so
was the United States and Soviet Unions production of the multiple independently
targeted re-entry vehicle (MIRV). With the production of MIRV's the limits on launchers
were useless, as ten or more warheads could now be placed on a single missile.
SALT I "was a critical missed opportunity for arms control. .. representing the
high and low point of achievement for the arms control approach" (Sheehan, 30). The
ABM treaty had succeeded in making both nation-states vulnerable by limiting potential
sites to two. However, the Interim Agreement didn't reinforce this vulnerability. A
nation-state perceiving a disadvantage in warhead numbers could now pack more
warheads on each missile. Instead of calming the arms race, SALT I failed and the
number of warheads for each side rose dramatically (Sheehan, 31). SALT I is a good
example of why the public was losing faith in the arms control process in the late 1960's
and early 1970's. Arms control talks and agreements failed, in the public's eyes, to
represent a serious push by the two superpowers to dramatically alter the dangerous
nuclear landscape. But for all of SALT I's faults, it did manage to set an enormous
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precedent of cooperation between the world's two superpowers. That precedent paved the
way for SALT II and the INF treaty.
SALT II negotiations began in 1972. Instead of being an example of how
successful arms control can be, it became the epitome of the problems that agreements
faced in the political process back home. The treaty was hammered out by 1979 and
signed by President Carter and General Secretary Brezhnev on June 18, 1979. Before the
Senate could ratify it though, Carter asked that the ratification process be delayed in light
of the Soviet invasion of Afghanistan. Both nations were "individually bound under the
terms of international law to refrain from acts which would defeat the object and purpose
of the treaty, until it had made its intentions clear not to become a party to the treaty"
(USADAC, 190). The U.S. and the USSR would adhere to the terms of the treaty, but it
was seriously weakened by the lack of ratification by the United States Senate.
When President Reagan came into office he declared that he would do nothing to
undercut the treaty. However, he certainly did nothing to push its ratification by the
Senate. Reagan was intensely suspicious of the Soviets and repeatedly accused them of
violating the terms of the agreement (USADAC, 190). Throughout Reagan's first term,
there were no significant steps towards the control or reduction of nuclear arms. Once
again, however, public sentiment was growing increasingly disturbed by the apparent
lack of progress by the Reagan administration in the area of arms control. The world was
wondering whether the two superpowers would ever live up to the provision in the NPT
regarding efforts towards complete nuclear disarmament.
Claims that the Reagan administration was not serious about arms control and
disarmament were laid to rest with the signing of the Intermediate Nuclear Forces (INF)
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treaty in 1987. The treaty called for the destruction of ground-launched ballistic missiles
with ranges between 500 and 5,000 kilometers; these kinds of GLBM's were a perfect fit
for the European theater of war. The need for the treaty arose when the Soviets began
upgrading their old SS-4's and SS-5's with the drastically superior SS-20. The perceived
threat to parity in Europe would then be countered by the United States deploying the
new Pershing II ballistic missile (USADAC, 252). Until this treaty there had never been
the complete eradication of an entire weapon class.
The INF treaty represented a victory for the United States and was perhaps a sign
as to the dismal future that lay ahead for the Soviet Union. In exchange for the removal of
the already deployed SS-20, the United States wouldn't deploy its Pershing II missiles
(Sheehan, 156). In essence, the United States was getting something for nothing. The INF
treaty is also significant as it represented the most stringent verification means that had
ever been imposed in nuclear arms control history (USADAC, 254). The United States
gained on-site inspection inside the Soviet Union that was unheard of before. This was
possible due to Gorbachev' s interest in making the Soviet Union a more open society.
The issue of verification was a major sticking point for President Reagan. In the INF
Treaty Reagan found verification procedures that met even his own exacting
requirements. The United States was allowed to monitor all accesses to Soviet facilities
manufacturing ground-based ballistic missiles (GLBMs). The Soviets were allowed to
monitor the United States-based facility that was used in producing the Pershing rocket
motor (USADAC, 254). With this treaty, arms control theory and practice had come full
circle back to the idea of complete elimination with real verification.
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The Strategic Arms Reduction Talks (START) I and II Treaties continued this
push for wholesale reductions in the superpowers nuclear stockpile. This is the current
process with which the United States and Russia are continuing their drive to reduce their
nuclear force levels, albeit in a far friendlier manner these days. Part of the Russian
government's current drive to lessen the number of nuclear weapons it is responsible for
can be found in the fact that maintaining them has become far more costly an endeavor
than Russia is prepared to handle.
No longer is the world dominated by two superpowers in whose hands the entire
fate of the world lies. With the addition of India and Pakistan to the nuclear club and
North Korea and Iran trying to gain entrance, there is a general need for multilateral
nuclear agreements unseen since the days of the NPT. Terror organizations that seek to
obtain nuclear weapons also pose a profound and troubling question as to what help arms
control may be to the world in near future. In light of the current situation in the world it
cannot be underscored how important arms control can be, especially in the nonproliferation
and elimination of biological and chemical weapons, as too often nuclear
weapons are portrayed as the only weapon of mass destruction that needs to be worried
about. With these threats in mind, we must start examining where the future of arms
control is headed.
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Weapons of Mass Destruction in the Contemporary World
Weapons of mass destruction (WMD) do not consist solely of nuclear weapons.
For much of the second half of the twentieth century the focus of arms control, as well as
the fears of the world, was centered on the nuclear threat. Only recently has the threat
posed by the other two classes of WMDs, chemical and biological weapons, become a
matter of significant public de
Examining the Congressional Gift Ban of 1996
No full textDuring the course of this paper, I will examine the Congressional gift ban that went into effect in the House of Representatives and the United States Senate on January 1, 1996 and how it has affected the lawmaking process. I will explain how lobbying practices affected the access and influence that lobbyists had with members of Congress, and their staff, which led to the gift ban. I will also show that lawmakers passed the gift ban with the goal of increasing the public's approval of Congress. This paper will also explore the lobbying profession. Specifically, how lobbying has developed from its origins and how the profession has been affected by the gift ban reform. This paper will allow the reader to come to the realization that the gift ban has failed as a policy and politically, in terms of increasing public confidence in Congress and making lobbying procedures more equitable.The Washington Semester
American University
Examining the Congressional Gift Ban of 1996
Submitted by
Daniel W. Elling
(Gustavus Adolphus College)
In Fufillment of the Requirements for
Course Number 53.412.63: Washington Semester
Research Project
Spring 1998
Gustavus Student Repository
.Abstract
During the course of this paper, I will examine the
Congressional gift ban that went into effect in the House of
Representatives and the United States Senate on January 1,
1996 and how it has affected the lawmaking process. I will
explain how lobbying practices affected the access and
influence that lobbyists had with members of Congress, and
their staff, which led to the gift ban. I will also show
that lawmakers passed the gift ban with the goal of
increasing the public's approval of Congress. This paper
will also explore the lobbying profession. Specifically, how
lobbying has developed from it origins and how the
profession has been affected by the gift ban reform. This
paper will allow the reader to come to the realization that
the gift ban has failed as a policy and politically, in
terms of increasing public confidence in Congress and making
lobbying procedures more equitable.
Gustavus Student Repository
Table of Contents
Chapter One: Introduction
Chapter Two: The Lobbying Profession
What is a lobbyist?
The history of lobbying
Public opinion and lobbyists
Chapter Three: The Gift Ban
Why was reform needed?
The Senate gift ban
The House gift ban
Similarities and differences between the
House and Senate gift ban legislation
Chapter Four: Was the Gift Ban an Effective
Political and Policy tool?
Effects on access
Effects on accountability to
constituents and lobbying influence
Effects on public opinion
Financial effects on the lobbying industry
What needs to be fixed
Chapter Five: Conclusion
Methodology
Bibliography
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Chapter One: Introduction
Today's policymakers depend on lobby groups for a wide
range of information when making decisions on proposed
legislation. These lobby groups provide members of Congress
with specialized knowledge .vital to individual bills.
However, recent legislation, both proposed and enacted, has
specifically targeted the way in which lobby and interest
groups are allowed to approach government officials.
Specifically, lobbyists were courting members with gifts,
which the public viewed as a means of creating greater
access and influence. This practice, in turn, hindered the
public's perception of Congress as a governing institution.
To address the perceptions of undue or improper
influences, the United States Senate and House of
Representatives adopted strict new rules regarding the
acceptance of gifts and favors by Members and their staff,
particularly from lobbyists. No gifts may be accepted by
Members, or their staff, except as permitted in the rules of
each respective chamber.
Public opinion statistics, that were taken prior to the
1994 Congressional elections, displayed a high degree of
public distrust and apathy with the institution of Congress
and the way that it interacted with lobbyists and special
interest groups. A poll taken between October 29 and
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November 1, 1994, found that 82% of Americans thought that
members of Congress were more interested in serving special
interest groups, rather than the people that they
represent.' The public perceived lobbyists as buying access
to members of Congress through the use of gift-giving
techniques.
The 1994 Republican Congressional candidates ran on a
political platform that was founded on the principle of
reforming the way that Congress operates. They saw the gift
ban as a way to re-gain public confidence. The Republican
majority was swept into office on the promise of changing
the way Congress does business, and by adopting new gift
restrictions Members were provided with a visible way to
live up to their pledge. 2 Republican Enid Waldholtz, a
Congressman from Utah, said that,
"It was time to tackle in-house reforms Republican's
promised when they rode into power in the 1994 election. By
fulfilling our promises to the American people on
Congressional reform, we are proving our willingness to
fundamentally restructure the way that we do business."3
The Congressional gift ban was targeted towards
lobbyists that provided members with gifts and vacations.
Lobbying laws that date back to 1946 allowed most lobbyists
1 Survey by CBS News/New York Times. October 29-November 1, 1994.
2Jonathan D. Salant, "House Votes to Toughen Gift Restrictions,"
Congressional Quarterly Weekly Report 18 November 1995: 3516.
3Laurie Sullivan-Maddox, "Waldholtz's Gift Ban Bill Soon Goes To House,"
Salt Lake Tribune 1 November 1995: A7.
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to lavish members with meals and gifts such as tickets to
theaters and athletic events. ' While there are restrictions
on gifts of more than 50, with Senators able to accept no more than
10
or more count against the 100 threshold. The House, on the
other hand, will no longer will be able to accept any gifts,
except from family and friends. 7
Has the gift ban, that passed in both the United States
Senate and the House of Representatives, resulted in more
equity in access and influence with lobbyists? Second, did
Congress achieve its goal of increasing public trust and
confidence in the institution by passing this legislation?
The concept of representative democracy is founded on
the belief that the citizens of a given country have
equality in terms of accessibility and representation with
their elected officials. Lobbying practices prior to the
enactment of the gift ban, went virtually unregulated in
terms of gift giving. The absence of defined laws governing
lobbying procedures allowed better financed lobby groups to
spend a greater amount of time with members of Congress.
Lobbyists would give gifts, pay for expensive meals, give
7
Jonathan D. Salant, "Banned Items, From Trinkets to Trips,"
Congressional Quarterly Weekly Report 18 November 1995: 3518.
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tickets to various sporting events, and provide all-expense
paid conferences in popular vacation areas to members of
Congress in order to gain greater accessibility to the
Congressman. The gift ban in the Senate and the House
sought to end such practices. With this law in place and
enforced, a more equitable ·form of representative democracy
can be achieved, in which every citizen will most certainly
benefit.
There are a number of concepts that must be defined in
order to attain a greater understanding of the lobbying
profession as it currently stands. For the purpose of this
paper, to lobby will be defined as anyone that tries to
influence public officials and especially legislators. 8 The
purpose of lobbying and the tasks that lobbyists perform
will aid in the understanding of the complex world of
interest groups will be clearly defined in the following
chapters.
References will also be made regarding the art of
lobbying prior to the gift ban legislation. The series of
events that led to the enacting of the gift ban will show
why a law that regulated lobbyists was drafted.
Finally, the gift ban will be defined. This
legislation will be explained to provide an understanding of
9The Merriam Webster Dictionary, Home and Office Edition. (Springfield:
Merriam-Webster Inc. , 1995) 304.
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what limitations lobbyists a re now faced with.
Comparisons between the lobbying profession before, and
after, the gift ban will be examined. The r esults of the
new lobbying regulations, derived from interviews and
w r itten assessments, will provide the information in order
to asses the success of the new law. What will be defined
is whether or not the gift ban has made the process of
lobbying more equitable.
The gift ban was designed to create greater
accessibility to Congr essmen amongst all lobbyists.
However, if the larger, better funded, lobby groups continue
to have greater influence with members of Congress, then the
new law did not succeed in its goal.
In addition, the success of the gift ban also depends
on its ability to fully regulate the lobbying profession.
If loopholes in lobbying procedures exists, allowing
lobbyists to continue to give gifts o r money, then the ban
on gifts has not completed the task that it was aimed to do.
This. r esearch paper is divided into five chapters. The
second chapter, The Lobbying Profession, will explain the
development of lobbying and how the profession has evolved.
The a rt of lobbying and types of lobbyists will also be
add ressed. The third chapter, The Gift Ban, will examine
the p rovisions of the new regulations and what its goals
were. The third chapter will explain both the Senate and
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House versions of the ban on gift giving in detail and
examine their differences and similarities. The fourth
chapter, Was the Gift Ban an Effective Political and Policy
Tool?, will provide insight into the successes and failures
of the gift ban legislation. The fifth chapter, chapter
will consist of concluding -thoughts and comments for the
future.
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Chapter Two: The Lobbying
Profession
What is a Lobbyist?
The narrow, legal definition of a lobbyist, as
prescribed by the Federal Lobbying Act, is one who
'solicits, collects, or receives contributions where one of
the main purposes is to influence the passage or defeat of
Congressional legislation and the intended method of
accomplishing the purpose is through conversation with a
member of Congress.'1 Simply stated, "to lobby is to
conduct activities aimed at influencing public officials,
especially members of a legislative body, on legislation."2
These broad definitions may make it seem as though a limited
number of people can be considered lobbyists. However,
there are really millions of lobbyists. When you write your
Congressman, you are lobbying: broadly speaking, lobbying
is any attempt to influence the action of a public
official. 3
Lobbyists play an extremely important role in the
1
Charles Peters, How Washington Really Works (Woburn: DEKR Corporation,
1993) 26.
2Tom Adams, Grassroots (New York: Citadel Press, 1993) 95.
3
Charles Peters, 26.
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lawmaking process. Foremost, lobbyists provide information
about policy and process that government officials often
cannot get from their own government agencies. ' Lobbyists
provide vital, specialized, information on issues that a
legislator may not have otherwise have had access.
Lobbyists are the foot-soldiers and the friends of the
people who run the government. 5
Lobbyists are employed by special interest groups that
seek to gain representation to members of Congress. By
being represented in the legislative process, these
interests are more likely to be considered by members of
Congress when policy is drafted and voted upon by
legislators.
The most effective legal way of influencing a public
official is having something in common, being a member of
the same 'club'. The reason that membership in a club is
such an effective lobbying tool is that very often the key
to effective lobbying is simply access. I f a lobbyist has
previous experience working on Capitol Hill, either as a
member of Congress or as a staff member, he/she will
undoubtedly have made connections and relationships with
other Capitol Hill employees. The relationships that were
formed from past encounters in either the House of
4 Jeffrey H. Birnbaum, The Lobbyists (New York: Times Books, 1992) 6.
5Ibid.
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Representatives or the Senate give the lobbyist an advantage
over lobbyists that have not served on the Hill. Which is
why the most effective lobbyists are former high government
officials. 6
6Charles Peters, 27-30.
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The History of Lobbying
The origins of lobbying can be traced back to the 18
th
century. The word 'lobbyist' was first used in Britain to
refer to journalists who stood in lobbies at the House of
Commons, waiting to interview newsmakers. Its initial
modern usage in America came in 1829. According to the
essayist H. L. Mencken, privilege seekers in New York's
capital, Albany, were referred to as lobby agents. Three
years later, the term was abbreviated to 'lobbyist' and was
heard frequently in Washington. 7
As early as 1783, lobbying tactics were used by
business interests, which even then were trying to win the
upper hand in influencing the [American] leaders. "After
each legislative day, hogsheads of wine and port poured
freely at sumptuous meals of mutton, pork, duck, and turkey.
The dinner linens were snowy white, the cutlery was
burnished and English, and the check was paid by the wealthy
merchants of the day. 118
Woodrow Wilson was the first of many U. S. Presidents to
mount a challenge to the authority of the business lobby.
When he was-a professor, Wilson had studied lobbyists'
impact in Washington and concluded that it was overbearing
7 Jeffrey H. Birnbaum, 8-9.
8 Ibid. 8.
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and dangerous. Such observations became the grist for his
Presidential campaign. 9
As America grew as an industrial power, so did
lobbying, and the need for regulation. In 1946, Congress
passed the Federal Regulation of Lobbying Act. Under the
law, lobbyists were required to register in Congress and
report the amount and sources of their income from lobbying.
There was no attempt to limit lobbying, however, because in
doing so Congress would violate the First Amendment right to
petition the government. This 1946 law further defined a
lobbyist as a person or organization whose job was to
influence the passage or defeat of legislation, and who
received money for that purpose. 10
By the 1990's, Washington had become the home to about
80, 000 lobbyists of one kind or another and the number is
[still] growing. 11 Again, with the increase of the number
of lobbyists came greater regulations. With the rapid
growth of lobbyists in Washington, DC, concerns about the
lobbying profession were raised. Since the art of lobbying
was a relatively new profession action need to be taken
because previous laws did not address the changing
profession. Specifically reforms were created defining
9Ibid. 11.
10Ibid. 13.
11Ibid. 7.
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those who were lobbying Congress as well as disclosure of
the financial reports that lobbyists had. By providing a
forum for greater disclosure, members of Congress could
regulate and restrict the those who sought to influence the
legislators.
Following years of effort in trying to change the
regulation of interest groups, the Lobbying Disclosure Act
of 1995 was signed into law on December 19, 1995. This law
sought to achieve greater disclosure of lobbying activities
and greater accuracy in reporting lobbyists' financial
records.
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Public Opinion and Lobbyists
Prior to the gift ban legislation that past both the
Senate and the House in 1995 lobbying practices came under
intense scrutiny from the public. The popular conception of
a lobbyist was someone who passed money under the table,
arranged for clandestine midnight assignations, or holds the
threat of blackmail not very high over an officials head.12
Most people outside of Washington saw the world of corporate
lobbyists in caricature: fat, cigar-smoking men who wine
and dine the nation's lawmakers while shoving dollar bills
into their pockets.13
Many citizens felt as though they had lost their
ability to lobby the Congress and have the concerns taken
into account.
When you write a federal official to express an
opinion on some issue, you are trying to make democracy
work. You know perfectly well, however, that your letter is
not likely to get much attention. So you consider various
actions to make sure that attention is paid.
14
Unfortunately, many people do not have the luxury to
consider 'various actions' such as courting members of
Congress with gifts and all-expense-paid trips. Therefore,
many of America's citizens felt as though they were cheated.
12Charles Peters, 27.
13Jeffrey H. Birnbaum, 3-4.
11 Ibid.
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When asked, "Who has the most control in Washington,
citizens are likely to name 'special interests and
lobbyists' than either the President or Congress. "15 The
public had lost confidence and faith in Congress responsible
governing body. Eighty percent of Americans polled in 1994
felt that the government was being run for the benefit of
the few and the special interests, not the people. 16
The public had spoken, and it was time to reform the
lobbying procedures. The high degree of public apathy
towards Congress prompted the Republicans to run on a
platform in the 1994 elections that stressed change in
Congressional practices, and greater representation of
United States citizens, not special interests. The
Republicans pointed out that the Democrats had been in
control of the Senate for thirty-two of the past forty
years, and the party of power in the House of
Representatives for the past forty years. The Republicans
used the public's dissatisfaction with their elected
officials in Washington, as well as the long tenure of
Democratic control, as a campaign tool with the message of
changing the way politics operated in Washington.
15
Joel Brinkley, "Cultivating the Grass Roots to Reap Legislative
Benefits, 11 American Government 97/98 :- 27th Edition ('Guilford:
Dushkin/McGraw-Hill, 1997) 177.
16
Survey by the Tarrance Group & Mellman Lazarus & Lake for U. S. News.
U. S. News and World Report, October 21-23, 1994.
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Chapter Three: The Gift Ban
Why Was Reform Needed?
Lobbying laws that date back to 1946 allowed most
lobbyists to lavish Members with meals and gifts such as
tickets to theaters and athletic events. 1 Before the gift
ban was passed in both Houses in 1995 many lobbyists took
advantage of the loose gift giving restrictions,
particularly during the holiday season in the month of
December. For example:
The Taiwanese attache handed out bottles of 12-yearold
scotch on Capitol Hill. An Agricultural Committee
member got a box of steaks from beef producers. Ford Motor
2 Company sent out books on Baroque art.
Gifts such as these were common place in Congress because
lobbyists were allowed to provide lawmakers with gifts.
Under the 1946 lobbying laws, the monetary value of gifts
that members of Congress could receive from one person
within a given year was 250. While there [were)
restrictions on gifts of more than $250, the law allows
lobbyists to give thousands of dollars worth of free meals
and trips each year to any member of Congress. 3 "Loopholes
1Sharon Schmickle, ''GOP Blocks Lobbying Reform Bill," Minneapolis Star
Tribune 7 October 1994: lA.
2Jim Drinkard, "Impending Gift Ban Means Stockings Are Light in
Washington" http://detnews. com/menu/stories/29412. htm 21 December 1995.
3
Sharon Schmickle, "Congress Grapples With Rules on Ethics," Minneapolis
Star Tribune 21 March 1994: lA.
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made it possible for members of Congress to get thousands of
dollars in freebies each year. "4
The 1946 lobbying laws that allow
The Rehnquist Court and Property: A Resurrection of Lochner Era Jurisprudence
No full textThis essay will deal with the views of Justice Antonin Scalia and Chief Justice William Rehnquist on property rights, where they intend to lead the Court, and the Extent to which their views will be implemented. To supplement this discussion the essay will look at a brief history of Taking jurisprudence, and competing ideas about property rights among 1) the other seven Justices of the Court, 2) Congress, and 3) state legislatures. These side issues should clarify the actions of Justices Scalia and Rehnquist and provide insight on the direction of the Court. To do this I will employ both an analysis of Court decisions and statistical evidence. Through this I hope to show that despite explanations to the contrary, the jurisprudence of Rehnquist and Scalia is a thinly veiled return to Lochner Era values.The Rehnquist Court and Property: A Resurrection of Lochner Era Jurisprudence
by Cameron Kelly
Michael James
April 25, 1999
Gustavus Student Repository
This essay will deal with the views of Justice Antonin Scalia and Chief Justice William
Rehnquist on property rights, where they intend to lead the Court, and the Extent to
which their views will be implemented. To supplement this discussion the essay will look
at a brief history of Taking jurisprudence, and competing ideas about property rights
among 1) the other seven Justices of the Court, 2) Congress, and 3) state legislatures.
These side issues should clarify the actions of Justices Scalia and Rehnquist and provide
insight on the direction of the Court. To do this I will employ both an analysis of Court
decisions and statistical evidence. Through this I hope to show that despite explanations
to the contrary, the jurisprudence of Rehnquist and Scalia is a thinly veiled return to
Lochner Era values.
The Fifth Amendment states that, "Private property [shall not] be taken for public use without
just compensation." While this clause is intended as a protection of property rights, it is also the only
Constitutional justification of Eminent Domain. The duality of this clause leads to questions: what is
public use, what constitutes a taking and in what cases will just compensation be required?
The amount of time that the Court has spent answering these questions has varied greatly over
the years. The period between 1865 and 1937 saw the most attention being given to property rights.
Although the Court upheld most restrictions on property it struck down many government regulations.
In 1938, the Court, under pressure from an enormously popular President, shifted its focus from
economic issues to social issues. This trend continued until the Burger Court, and to a greater extent the
Rehnquist Court, began to put greater emphasis on rights to property. This essay will give a short
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overview of historic Taking cases. In reference to these historic views of property, the changes of the
current Court are better understood.
Two Justices have been responsible for this shift of the Court. The first is William Rehnquist,
who shortly after his appointment in 1972 became one of the most influential Justices on the Court.
Rehnquist has a clear agenda that includes a strong anti-regulatory sentiment, and his capacity to work
towards this agenda increased in 1986 when he was appointed to Chief Justice. Also appointed in 1986
was Justice Antonin Scalia. Justice Scalia' s views on property are even stronger than Rehnquist' s. That
Scalia places greater value on property rights than on First Amendment protections illustrates this. This
essay will answer the question: What are Justice Rehnquist and Scalia's views on property rights, and in
what direction will they lead the Court?
The mst apparent factors affecting the direction in which Rehnquist and Scalia will lead the
Court are the other seven Supreme Court Justices. Several of these Justices have formed a voting block
with Rehnquist and Scalia, giving them a majority on important cases. However, these Justices do not
feel as strongly about property rights and will not consistently vote for the property owner. There is also
a block of Justices who oppose putting increased emphases on property rights. These factors will surely
have an impact on the effectiveness of the agenda of Rehnquist and Scalia.
Another important factor important for the Court is the way in which Congress and the state
legislatures view property rights. Both are putting increasing value on ecological issues, and these
issues often have public support. More importantly, this ecological conception of the land is in direct
conflict with the Rehnquist and Scalia conception of property. The bias of media attention and the
effectiveness of campaigning by ecological interest groups for legislative and public support could
greatly affect the ability of the Court to make important decisions and the ability of Scalia and Rehnquist
to implement their views.
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It is clear from decisions and publications that Rehnquist and Scalia have strong opinions on
property rights. Scalia, even more than Rehnquist, has a definite agenda for the Court. Identifying their
agenda will be the central question of this essay. The extent to which other factors affect this agenda
will determine how deeply the Justices immerse the Court into the realm of property and government
regulation. Section I of this essay will look at two historic Taking cases and contrast their approaches
with those of Scalia and Rehnquist. Section II will identify the views of Scalia and Rehnquist and
define their agenda. Finally section ill will analyze how far the Justices will push this agenda in light of
outside concerns.
Section I: Taking Cases and the Supreme Court
Most historic protections of property were effected through the Contract Clause or Due Process
Clause. The current Court is giving less protection to property through these clauses and is instead
protecting property through the Takings Clause of the Fifth Amendment. In this section I will examine
the two most important historic cases dealing with the Taking Clause and then look at how these cases
reflect the values that Rehnquist and Scalia believe exist within the Clause. Finally it will look at the
approach that Rehnquist and Scalia have been employing to protect property since their respective
appointments onto the Court.
A: Mugler and Mahon
The first important Takings Clause case is Mugler v. Kansas (1887). 1 In Mugler a brewery
claimed an uncompensated taking had occurred when a prohibition law required that he cease brewing
beer and destroy his existing product. 2 Justice Harlan, writing the opinion of the Court, decided that
every state is not only allowed, but required to protect the public from injurious use of property. This
statement became the basis for police power of the state. Justice Harlan defines this power as protecting
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the public health, safety, or morals. This doctrine has become known as the noxious use, or nuisance
exception to the Taking Clause.3 Since a noxious use is never a property right, a taking can not occur
when the legislature is regulating such a use.
Harlan also set up a standard under which a complete physical appropriation of land will be
considered a taking. That is, if the government passes legislation transferring possession of land from an
individual they must then pay compensation. By doing this Harlan set up what seems to be a categorical
analysis of the Taking clause. First, if the government takes physical control of a person's private
property, a taking has occurred and compensation must be paid. Further, under the noxious use doctrine,
the state may exercise regulatory control over land as long as they are regulating a nuisance. 4
The second important historical case is Pennsylvania Coal Co. v Mahon (1922).5 The decision,
written by Justice Holmes thirty-five years after Mugler, did away with the categorical approach to
Taking jurisprudence in favor of a more flexible case-by-case analysis. Both cases look at the issue of
police power, however Holmes adds questions dealing with the impact upon the property owner. The
first test developed by Holmes is the diminution of value'test. This test examines how legislation affects
the value of property to determine whether a taking has occurred. The greater the diminution of the
property value, the more likely the regulation will be ruled a Taking. The diminution of value test is
mitigated by the reciprocity of advantage test. Reciprocity of advantage weighs the negative impact of
the regulation against any benefit that the property owner may have received as an effect of that
regulation. A benefit stemming from a regulation is seen as a form of compensation, and if deemed
equal to the loss no taking has occurred. Traditionally reciprocity has been applied liberally in Taking
cases, and has often balanced out the need for compensation.
B: The Takings .Jurisprudence of Rehnquist and Scalia
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These early opinions leave many unanswered questions in Takings Jurisprudence. They also
conflict with the set of values that Rehnquist and Scalia believe that the clause should reflect. These
values, although never explicitly stated by the Justices, are observable in their Takings decisions. These
include market stability, individual rights, and maintaining efficient government practices. Both
Rehnquist and Scalia seem to keep these values in mind when deciding upon Taking cases. The first
value of the Taking clause is market stability. 6 The theory is that if investors are assured that their
property will be secure from government regulation, they are more likely to spend money to buy private
property. If investors can reasonably predict what regulations will be enforced, the true value of the
property can be ascertained, and investments will flow more freely. By providing a stable Takings
doctrine the Supreme Court can make Takings jurisprudence more predictable.
The second value of the Taking Clause is the protection of individual rights.7 Both Rehnquist
and Scalia feel that protections of property in the Constitution are as important as any other right that it
protects. 8 This value tends to connect Taking jurisprudence with what are normally categorized as civil
rights such as Freedom of Speech and Religion. This view of property is similar to current viewpoints
on civil rights where the Court serves to check the majority from dominating the minority.9 Justice
Scalia has stated that property rights, including those protected by the Taking Clause, are indispensable
to civil rights. 10 Scalia further states that he knows, "Of no society, today or in any era of history, in
which degrees of intellectual and political freedom have flourished ... with a high degree of state control
over the relevant citizen's economic life."11 Justice Rehnquist states that there is no reason, "Why the
Taking Clause of the Fifth Amendment, as much a part of the Bill of Rights as the First Amendment or
the Fourth Amendment, should be relegated to the status of poor relation."1
2 These statements strongly
indicate that both Justices see a more prominent place for property rights in American jurisprudence.
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The final value that Rehnquist and Scalia see in the Taking clause is that of maintaining efficient
government practices. 13
When the Taking Clause is enforced strictly it causes the government to be
more cautious while writing legislation. Any borderline regulation may eventually require
compensation. This means that to accomplish its goals the legislature must concentrate on the objectives
that are most important to their constituents. This definition of legislative objectives makes even more
sense because is comes from two of the Court's most conservative justices. This goal would minimize
the government's role in regulating citizens private property. The justices concern over the legislatures
proper role will become even more clear upon analyzing the Court's recent cases.
Both Mahon and Mugler seem to frustrate the values that Rehnquist and Scalia see in the Taking
Clause. For example, in Mugler it would seem that Justice Harlan's categorical approach to Taking
jurisprudence would facilitate market stability. However, Harlan gave the power to define a noxious use
to the legislature. Because the legislature has the power to regulate and to define noxious use, they are
able to regulate anything they wish without paying. If they wish to regulate they must simply define a
use as a nuisance. This broadens the definition of nuisance to include almost anything that the
legislature wishes, causing no property to be safe from regulation. Rehnquist and Scalia would point out
that this legislation upsets market stability and frustrates the goals of the clause.
In Mahon, Justice Holmes' diminution test focuses upon the impact of regulation on property
holders. This would seem to give investors more confidence, however the test leaves many unanswered
questions. Should diminution be assessed based upon the property's total value, or upon the value of the
extinguished right? For example, if I own 100 acres of forest that I intend to cut down for lumber, and
the government passes a law prohibiting this use, how should the diminution of my property's value be
calculated? Should it be assessed in relation to state law as a whole, which might still allow me to
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construct a residence on the land, or should it be assessed in relation to the extinguished right, in this
case the right to harvest the lumber.
Also, how much diminution of property is necessary before a taking is effected? Is 100%
diminution necessary to call a regulation a taking? It should be kept in mind that 100% diminution
would be nearly impossible to prove in relation to state laws as a whole, but much easier in relation to
individual extinguished rights. It is clear from these two examples that past Taking jurisprudence does
not live up to the standards that Rehnquist and Scalia see in the clause.
C: The Cases of the Rehnquist Court
These values can be easily observed in written opinions of Rehnquist and Scalia. Rehnquist has
been writing opinions in favor of property owners since his appointment in 1972. One of the clearest
early examples comes in his opinion in Kaiser Aetna v. United States (1978).14 The case involves a
dispute over rights to a pond. The property owners under the advice of the Army Corps of Engineers had
rendered the pond navigable by connecting it to ocean waters. The federal government claimed that
although the pond was originally private property, its current improved status made it part of the United
States navigable waters and called for public access. The Rehnquist opinion held that the pond was
private property. In the decision Rehnquist established two principals regarding property.
The first of Rehnquist's principals broadens the scope of Takings inquiries to include the
reasonableness of the property owner's investment backed expectations.15 In this case the property
holder had relied upon advice that the pond could be made navigable, and following that advice had
invested a substantial sum of money to make it so. Rehnquist writes that the reasonableness of
expectations should be primarily determined by examining an independent source such as state laws.
Also, under Rehnquist's thinking a considerable investment contributes to the reasonableness of
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expectations test. Because of this rule an investor could reasonably feel that a substantial investment
would be protected by the Court, contributing to market stability.
The second principal developed in Kaiser Aetna is the right to exclude. Rehnquist ruled that the
government had interfered with this right by attempting to develop a public access to private property.
Rehnquist sees this as "one of the most essential sticks in the bundle of property rights." 16 Justice
Rehnquist argues that this right is universally held to be fundamental. Critics argue that this universal
standard is inconsistent with Rehnquist's decisions that property claims should be established with
reference to state !aw. 17
The next important decision by Justice Rehnquist came in Prune Yard Shopping Center v.
Robins (1980). 18 The Court dealt with the question of whether citizens had the right to protest in a
public mall. The apellees were protesting on the property when they had been forced to leave by mall
security based on a rule prohibiting expressive behavior unrelated to the malls comercial purposes. In
his decision, Rehnquist answers the question left by the Mahon diminution of value test of whether
diminution is to be calculated by rights granted by a certain section of state law, or state law as a whole.
To do this he uses his dissent in Penn Central Transportation Co. - New York (1978), 19 in which he
argued that a regulation prohibiting the property owners to build offices above their railroad station
infringed upon air rights granted by state statutes and constituted a taking. 20 In Robbins he reaffirms this
idea.
After Justice Scalia was appointed to the Court in 1986 the changes in Taking jurisprudence
accelerated. There were several cases that immediately defined Scalia as a protector of personal
property. Scalia's first majority opinion dealing with property came in Nollan v. California Coastal
Commission (1987).21 The importance of Nollan stems from the majority's focus upon the purpose of
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the legislature's regulation.22 The case deals with a California coastal regulation that required a narrow
easement through the Nollan's property as a condition for the Nollan's receiving a building permit.23
The majority, upon examination of the regulation did not see how the act served the purpose of
making the beach seem more accessible to the public especially given that the beach could not be
viewed from the road where the easement began. Although the majority did not necessarily believe that
the property's value would be diminished as a result of the regulation, they pointed out that the
regulation again infringed upon the right to exclude established in Kaiser Aetna. 24 The stress upon the
purpose of a regulation foreshadows a need for a relationship between a regulation and its desired effect.
It also became clear in Nollan that the Court was returning to a standard of strict scrutiny in property
rights cases.
Two important dissents came in 1987 and 1988. The first, Keystone Bituminous Coal
Association v. De Benedictis ( 1987), 25 deals with a Pennsylvania act that required a coal company to
give up rights to 50% of their coal to prevent subsidence. The Keystone Bituminous Coal Association.
Saw this as a violation of their Fifth Amendment Takings Protection. While the majority saw the act as
a clear exercise of the states police power, Scalia argued that Keystone's claims were supported by
investment backed expectations. More importantly, Scalia believed that the legislature was unduly trying
to put a public burden upon a private property owner. This thinking protects the second value of the
Taking Clause, protecting the minority from the majority, and protects the third, maintaining efficient
legislative practices.
The idea of putting an unjust public burden upon individual property owners was revisited in
Pennell v. San Jose (1988).26 The issue in this case was a rent control ordinance that allowed the city,
while reviewing rent increase proposals, to look at the hardship upon the tenant. While the rest of the
Court saw this case as a due process issue, Scalia believed that the city's rejection, based on tenant
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hardship, amounted to a Taking. Scalia believed that the ordinance effected a taking for two reasons.
First, the act did not advance a legitimate state interest.27 Second, the act put an unjust public burden
upon individual landlords. 28 Scalia talks of more appropriate channels of aiding tenants with rent
including welfare programs, and taxation. 29 These options, according to Scalia, use more appropriate
democratic channels. 30 This case illustrates the value that Rehnquist and Scalia put on efficient
government practices. Both of these cases, although dissents, focus upon whether the regulation
promoted a legitimate state interest. This shows Scalia's desire to apply strict scrutiny to Taking cases.
One of the most important property decisions by the Rehnquist Court is Lucas v. South Carolina
Coastal Council (1992).31 The petitioner, Lucas, had purchased two beachfront lots in 1986 with the
intention of building homes similar to those on adjoining lots. At the time that Lucas purchased the lots
there were no regulations prohibiting such construction. However, in 1988 the South Carolina Coastal
Council passed a regulation prohibiting the further building of permanent structures on the land,
therefore baring Lucas from building. Lucas sued stating that the regulation, "deprived him of all
economically viable uses"32 of the land. South Carolina argued that the regulation was intended to
prohibit noxious use, and that in the absence of an argument aimed at the validity of the law the
Carolene Products standard requiring a presumption of Constitutionality should be upheld. The
Majority found that the regulation constituted a 100% dimunition of Lucas' land and was therefore a
taking. The decision, written by Justice Scalia, first defines the two occasions that automatically call for
compensation: when property is physically possessed by the state, and when legislation renders property
valueless (100% diminution).
The South Carolina Coastal Council argued that the regulation was to prevent a nuisance and
therefore no tak
An Analysis of Public Education Funding: The Michigan Program
No full textOur country is faced with tremendously unequal schools across the nation. What is causing this inequality? We can answer that question by looking at the current formula a majority of states use to fund their public education. This way, we can analyze the inequality.An Analysis of
Public Education Funding:
The Michigan Program
Sonya Gee
POL399
Instructor: Dr. Gilbert
Gustavus Adolphus College
May 2000
Gustavus Student Repository
The sewers are backed up and the brown sludge enters the school kitchen: the same
kitchen where the student lunches are cooked for the district. This means that school must be
closed for the day, again. The gas pipes below the school emit fumes that cause illness in
students and faculty. Students learn in classrooms that are taught by underpaid teachers or low
paid substitutes. The latter is preferred to save the district money. Some classes have had up to
eight teachers in one school year. Only fifty five percent of the students in an average class will
graduate and of that percentage, maybe one in four will go to college. Teachers are running out of
chalk and paper and are told to not expect their paychecks until the budget crisis has been solved.
Science labs that could be used for hands on learning are lacking in the simple supplies needed to
do experiments in them. Textbooks are scarce and for 4 months last semester the students in one
chemistry class were without. This school lacks basic technology. There are no televisions,
VCR's and of course there are no computers. One woman who attends this school was asked why
she had become pregnant so young. Her answer, "Well, there's no reason not to have a baby.
There's not much for me in public school". Where is this school and what is being done to help
improve it? This school is in East St. Louis and is typical of America's inner urban public
schools. Martin Luther King Junior High School is sadly not an uncommon scenario and is the
harsh reality of American public school finance: a financial system that favors the wealthy over
the poor (Koza!, 23-29).
Our country is faced with tremendously unequal schools across the nation. What is
causing this inequality? We can answer that question by looking at the current formula a majority
of states use to fund their public education. This way, we can analyze the inequality.
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Chapter 1
The Current Situation
The reality for the children of American public schools is they are institutions of
inequality. "In American public education, the status quo is a system that explicitly
favors the offspring of the wealthy over poor and minority children" (Allen 3). This is
the reality for our children. The differences in wealth across our country explain the huge
disparities in funding for our public schools. Some affluent suburban districts are able to
provide up to three times more funding than lower income and rural communities (Allen,
3). When one looks at the situation in our big cities, the differences in schools appear to
divide along racial lines, favoring the education of white children over minorities. Critic
Jonathan Koza! terms the current system as "apartheid education". Schools that are
composed of more than 50 percent minority population are more likely to have
insufficient amounts of technology and be in desperate need of repair (Allen, 3). The
students in these schools know they are unimportant to their legislators when these
disparities continue to exist. "If they mattered, they would have decent textbooks. We
would fix the hallways, we would clean the bathrooms ... "(Allen, 4). The reality is that
we provide different amounts of educational opportunity depending on race and class.
This problem will not be solved until we look at the funding problem, which is at the root
of the disparities in our current public school system. The current system of inequality
will remain until the deeper structural question of funding is resolved.
At present, local governments supply an average of 47 .3 percent and the states
fund around 45.2 percent with the federal government providing the final 7 percent
(Allen, 3). Local control of education known as the district power equalizing (DPE)
formula has continually dominated our public education system (Addonizio, 240). The
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DPE formula leads to the inevitable coupling of wealthy school districts with higher perpupil
expenditures (Addonizio, 237). What this all means, is the quality of ones public
education depends heavily on where one lives. The majority of the poor will not receive
an education comparable to students living in the suburbs.
Martin Luther King Junior High in East St. Louis is an excellent example of a
school located in a low tax base area. The inequality fits the model of racial areas with
two thirds of the students being black (Koza!, 23). In contrast to Martin Luther King
Junior High School is Dublin Coffman High School, located in Ohio. Dublin Coffman
High is in an area of Ohio where the corporate headquarters for high tech companies are
located. Therefore they have a higher tax base than Martin Luther in East St. Louis. Its
4,850 for the first year (Addonizio, 238). After the changes,
the reformed SB 146 was passed through both houses and put on the ballot. Michigan
voters again defeated the bill and sent Michigan legislators back to the drawing board.
In 1992 the Michigan legislature sought again to narrow the funding gap by
setting up a redistribution program. This bill enacted regional tax-base sharing of onehalf
of all commercial and industrial property growth (Prince, 398). This bill basically
stated that those areas with high business property growth were to direct one-half of their
property tax revenue to those districts with low business property growth. This was very
unpopular with high commercial growth districts and they sued the state to prevent the
use of tax-base sharing. These lawsuits led to a legislative repeal and a move to find a
different way to address funding inequalities.
Governor Engler was determined to see a property tax reduction bill enacted.
Heading into 1993, the biggest change in public school finance in Michigan history was
about to happen.
By 1993, the state of Michigan had a long history of too frequently relying on
property tax as a source for school funding. For years it provided two-thirds of the
revenue needed to operate the state's schools (Kearney, 39). The main reason that the
Michigan legislature decided to look into lowering this percentage was due to taxpayer
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grumbling. The over reliance on property taxes had caused some districts to pay out in
property taxes at a much higher rate than other districts. In 1993-94, Bridgman levied
only 8.38 mils while Taylor levied 45.67 mills (Kearney, 39). Michigan was over relying
on the local property tax and under relying on the state's sale tax. The second reason for
the new program was to narrow the range of inequality between school districts. The
current funding system showed a positive and relatively strong relationship between tax
wealth and per-pupil revenue (Addonizio, 236). The plan was to attempt to equalize the
funding for each student in the state. This goal was tacked on before the vote in the
legislature in order to gamer more votes.
There was another gain that people hoped would happen as a result of public
school finance reform. In 1990, the legislature passed of set of education reform
measures. Known as Public Act 25, it recommended that all Michigan schools undergo a
formal school improvement process, initiate an accreditation process for each school
building, provide the public with a yearly status report on local reform efforts, and
provide a core curriculum for all students (Addonizio, 240). The core curriculum was
the center of the act and the law required that the State Board of Education furnish a
model curriculum and school districts were given a small fiscal incentive for
implementing the core curriculum. After Public Act 25 was passed it was clear that
unless there was education finance reform, only a few of all the schools in Michigan
would be able to offer a core curriculum. The DPE formula was inadequate in providing
opportunities for students to meet state educational goals. The belief was that with the
pending finance reform, funds would be available for all students to succeed.
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With the DPE formula, students were at the mercy of their school district for
funding. Some districts with a high property tax base were under funding their schools.
At the same time they were using state aid for property tax relief. Other districts had
raised their spending and placed a heavy burden on local taxpayers, sometimes in areas
with a low property tax base. All of these factors led to the belief in both Legislatures
that education finance reform was needed.
During this time Michigan students faired similar to students around the country.
This meant that students in wealthier districts were receiving more resources for their
schools. Table 1 shows just how this looks in terms of money.
Table 1
A comparison of the Lowest and Highest P e r -Pupil Revenue Districts
Onaway
Bloomfield Hills
Range
Ratio
1993-94 Revenue
Per Pupil
10,588
6.5
billion to make up in lost funding (Kearney, 1). The Michigan Legislature had eliminated
the local property tax as a source of operating revenue, fully two-thirds of public
education's funding. Now the Legislature had to find a way to replace the lost revenue.
The Legislature had taken a huge step. The opinion of many was that this was the chance
to reform Michigan's public education. Governor Engler quickly began the steps to find
a new plan for funding the schools. In October 1993 he delivered a speech to the
Legislature laying out his new three-part plan for 1.) replacing the lost revenue lost by the
elimination of the local property tax, 2.) creating a new mechanism for allocating funds to
the schools, and 3.) setting in place the politics and actions necessary to achieve
educational reform (Kearney,2 ). He entitled the plan Our Kids Deserve Better: New
Schools for a New Century: Governor John Engler' s Plan to Reform Michigan Schools.
The Governor's proposal called for a 2 percentage point increase in the state general sales
tax-a move from 4 to 6 percent, with the additional 2 percent going fully to schools, a
new state property tax, a redirection of around 1 billion (Addonizio, 245).
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Table2
1993-94 Ballot Statutory
Current Pro2osal Fallback
Sales Tax 4% 6% 4%
Income Tax 4.6% 4.4% 6%
Property Tax (mills):
Homestead 34 average 6 12
Second Homes 34 average 24 24
Comm & Indus 34 average 24
Enhancement N.A. 3 3
JSD's 3 average 3 average 3 average
Assessment Cap N.A. 5% or CPI No
Property Transfer Tax .0011% 2% 1 %
Single Business Tax 2.35% 2.35% 2.75%
Cigarette Tax 25 cents 75 cents 40 cents
Out of State Calls 4% 6% 4%
Personal Income:
Tax Exemption 2,100 3,900>65)
*Source Kearney, Philip
Primer on Michigan School Finance
On May 15, 1994, Michigan voters supported the 2 percent increase in sales tax.
Table 3 shows the revenue outcomes of Michigan's finance reform. The new state
property tax raised more than 1.6 billion. State sales tax and lottery proceeds became a smaller percentage of
the School Aid Fund's (SAP) revenue. Some state income tax proceeds were dedicated to
the SAP, and a variety of new taxes were dedicated to the SAP (Prince, 396).
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Table 3
Revenue Source for Fiscal Year 1994 Fiscal Year 1995
School Aid Fund Before Reform After Reform
%
State Sales Tax 3,564.6 50.9
State Property Tax 882.5 12.6
Lottery Proceeds 547.8 7.8
Tobacco Tax 397.2 5.7
Use Tax 318.9 4.6
Specific Taxes 135.8 1.9
Real Estate
Transfer Tax 2,575.9 100.0 4,200 (Addonizio, 246). The new formula
states that every district will receive a per-pupil increase of at least 4,200
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going to require that those above it lower their spending? What are the property tax
revenues under the new foundation approach?
Michigan has a long history of local power and local funding of public schools so
it comes as no surprise that the issue of property tax in the new program is specifically
introduced.
We know that in previous years property tax provided around 60% of the revenue
for local school districts in Michigan. These taxes were levied on the local level and the
state did not levy property taxes for school funding purposes. The new foundation
approach adopted three important changes.
First we know that the property tax portion of funding for schools has been
substantially reduced. In 1 994, the first year of the new program, property tax revenues
constituted only 32% of K-12 operating revenues as opposed to 60% the year before
(Kearney, 7). Michigan taxpayers are witnessing a considerable reduction in property tax
millage rated for school operation.
Second, instead of millage rates being applied uniformly to all forms of property,
there are different rates applied to homestead and non-homestead property. Michigan
divides it's property into six classes: agricultural, commercial, industrial, timber/cutover,
residential, and development (
Examining the Socialization of Children into Politics: A Case Study
No full textThis study will be an exploratory research project. I will find out who is socializing children into the world of politics. I will investigate how this is done. My final results will determine the ages at which various levels of political socialization are achieved. I will then examine the levels of intensity that are used to achieve this process. I am hoping to discover some new information as to resources being utilized to inform children about the world of politics.Examining the Socialization
of Children into Politics:
A Case Study
By Jaclynn Moen
Gustavus Student Repository
Chapter 1:
An Introduction and Explanation of the Case Study
While beginning to think of a research product that I
found interesting and useful for the rest of the world, I
dug into all of the theories I had ever had regarding
society. I began to think about things that are important
in my life today and how they relate back to when I was
younger. As a double major in political science and
sociology, I wanted to combine the two in a way that was
not typical. While thinking about this, I came across a
paragraph in one of my political science books discussing
political socialization and the need for more extensive
research in that area. It was the perfect topic for me!
I plan to study the socialization of children into
politics. My goal is to discover how children are brought
into the world of politics. By this I mean that I will
examine their knowledge of elected officials, how they
learn about politics and their political ideology. I also
intend to learn where they get their views from by asking
questions about their parents, teachers and friends. I
will then proceed to compare the subject's view with parent
views to determine the level of compatibility {along with
seeing if the child read the parental view correctly).
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This study will be an exploratory research project. I
will find out who is socializing children into the world of
politics. I will investigate how this is done. My final
results will determine the ages at which various levels of
political socialization are achieved. I will then examine
the levels of intensity that are used to achieve this
process. I am hoping to discover some new information as
to resources being utilized to inform children about the
world of politics.
I am anticipating that I will find that there is not a
great deal of political socialization until children are
well into high school. While studies in the past have
shown that parents and teachers are quite influential, I
believe students will also name the media, friends, and
perhaps even celebrities as sources of information
regarding politics. Another thing I believe I will find is
a much higher level of mistrust in government and national
pride than in past studies. There will more than likely be
a great deal of children who are quite unaware of what is
happening politically at this time. However, I believe the
percentage of students aware of political activity will be
much higher now than in the past.
This study is useful because it will allow us to see
how we influence children and help to mold their lives. It
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is important to understand because ultimately, how we
socialize our children will be the future of our society.
Also, as numbers of political involvement drop, it is
important to find ways to get children involved and
interested in politics. This study will also provide
information regarding teaching practices. I will be able
to estimate the level of influence teachers have on
children. This might give way to new teaching policies and
practices.
This has practical significance because it will
examine the aforementioned concepts. Also, it might offer
new ideas that could lead to other research projects. It
will also allow for a better understanding of what children
believe and how they see the world. This will be useful to
aid parents in choosing how to teach their children about
politics. Perhaps this will also lead not only to greater
effort in educating children about politics, but also
increased adult interest and participation in politics.
This project certainly will bring opportunity for
expansion and new studies. Performing this study will
determine if other studies will be useful and productive.
It could also lead to new ideas regarding the socialization
process. If new concepts regarding socialization are
discovered, new ideas about the process could be explored.
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This could potentially lead to an entirely new theory
regarding the socialization of children in general.
Past studies conducted by Kent M. Jennings and Richard
G. Niemi involving the socialization of children into
politics have examined trust in government and ideas about
voting. Questions regarding trust in the government have
found that it decreases with age. Similarly, concepts
regarding voting also change with age, but do not seem to
evolve as continuously as the trust in government. It
merely peaks at around the 6th grade level and remains
constant. There has also been information gathered
regarding the source of socialization of children into
politics. It has been found that there are connections
with parents, education systems, and recently even the
media. While parents are quite important in socializing a
child into politics, schools are playing an increasingly
important role.
Other studies, such as those by Dean Jares, have
looked deeper into the roots of beliefs and political
ideology. They have focused on examining various levels of
political ideology. This showed what views are being
formed toward politics and ideology. They inadvertently
found how children view social problems, hence the levels
of ideology. This confirms that the views that older
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generations held are indeed being passed on, but are still
being adapted by the children and changing slightly.
Research on this topic seems to occur quite
sporadically. In the late 1960's, Fred I. Greenstien and
Kenneth P. Langton each did a significant amount of work in
examining the socialization of children into politics.
This mainly focused on how children viewed government and
government officials. Again in the mid-1970's, another
spurt in the interest in this topic emerged conducted by
Kent Jennings, Dean Jares, Jack Dennis, and David and
Sandra Schwartz. The old information was updated, and a
new focus toward ideology was forming. The interest
tapered off, but regained a bit of steam in the late 1980's
and early 1990's with some of the old authors coming back
and new authors such as Nancy H. Zingale, William H.
Flanigan, and Richard D. Brown joining those researching
the socialization of children into politics. These studies
also updated information and focused even more on the
importance of adding political ideology into the equation.
A great deal of emphasis was placed on understanding the
thoughts children held toward what they felt about social
issues of that time, how it applied to them, and how the
government should play a role in those issues. These
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studies also focused more on the role the media are playing
in socializing children into politics.
Researchers have found that there is indeed a growing
mistrust of the government and its officials. It also
seems that children are taking on a more liberal ideology
than children of previous generations have held. This
quite possibly reflects the parenting by a generation of
activists from the Vietnam era. Recently, researchers have
noted the importance of the media in socialization, which
could be attributed to greater exposure to television.
While new studies have found certain variables, such as
government mistrust, to be escalating, the patterns remain
the same. The research done in the past has shown trends
holding steady and studies tend to support each other.
I would not go so far as to say there are flaws in the
research that has been done up to this point. I do see a
need to update the research and perhaps add a few
variables. Perhaps through a new study, interest in this
topic will be refreshed. It is possible this will ignite a
chain reaction of research projects. I think the focus of
these studies needs to look closer at discovering who
primarily is socializing the children of today into
politics. I think it will be important to examine the
roles of parents, teachers, and the media working together
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to educate the children of today. I also think it will be
important to investigate the impact the Internet has had in
the socialization of children into politics. It will also
be necessary to examine the impact highly publicized
actions of political figures and the recent election has
had on the ideology that children develop.
I believe that doing a case study will open the door
to possible further experimentation. It is something that
I am very interested in. I enjoy working with data and
analyzing the results it produces. This will be an
excellent opportunity for me to expand my knowledge
regarding case studies as well as to prepare me for
graduate school.
The key variables I will be measuring in my study will
be political ideology, awareness of political officials,
trust in government, and the actual socialization of
children into politics. I decided to use these variables
through researching this topic and finding a great deal of
studies incorporated these variables. I then came up with
the following definitions of these variables through
incorporating my ideas for the meanings and the definitions
that other resources gave. Political ideology is quite
similar to political parties. It refers to whether their
views regarding values and life situations reflect the
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liberal, conservative, or independent way of life. This
will be important to attain and understand for the
examination of another variable that discusses the actual
socialization of the child into politics. This variable
(socialization of children into politics) means the process
through which the child learns about politics and
government, including the other variables that will be
examined in this study. Another variable I will be
examining is awareness of political officials. This means
that the subject will know the name of his or her elected
officials and will know the length of their term in office.
Finally, I am taking trust in government to be that the
subject agrees with the practices of the government and
believes that the government would help them if they needed
it.
I will measure political ideology (if they are mostly
liberal, conservative, or independent) by asking children
various questions regarding their opinions about concepts
such as abortion, gun control, the death penalty,
homelessness, welfare, etc. I will use a matrix question
format and the numbers I use for answer choices will
reflect the level of political ideology that I have
determined. This will make it easier for me to enter the
results and analyze them. An important factor to note in
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this is that I will make certain the answers to these
questions are both exhaustive and exclusive. I will
measure awareness of political officials by having them
name their elected officials. I will do this by having
them fill in a blank. These will simply be measured by if
the student knows the answer or not. I will also ask the
students if they know how long terms are for government
offices and how many justices there are on the Supreme
Court. These questions will also be answered by having the
respondent fill in a blank. I will measure their trust in
government by asking them some simple questions and some
more difficult questions. One set of questions will be
asked to all respondents. However, as the age goes up, so
will the number and depth of questions. These will again
be proposed in a matrix form and more support of the
government will reflect trust in government. I will
measure who influences their opinions the most by asking
questions directly about that issue. I will also have them
rate "discussion partners" (i. e. teachers, parents,
friends, etc. ) in terms of political ideology of the
discussion partner as viewed by the respondent.
Some of the questions I will be asking will resemble
questions that have been asked in the past. However, I
have written my own survey and modified the questions to
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fit the standards and technology of today. I have also
included my own questions to use on the survey. My method
of collecting the information will be quite different, as I
will be working with small groups and passing out surveys.
I also will be working one-on-one with teachers, which is
rarely done. I feel my research will be particularly
strong because I will be getting information from parents.
Hence, I will be able to compare the variables of the
parents with that of their children.
I will be conducting a case study at Lincoln H I
(Hendricks-Ivanhoe) high school. A case study will be
useful as a sort of pre-test. If the results prove to be
productive at a local level, perhaps I could take the study
to a higher level and study the subject nationally. I will
be studying children in grades six, nine, and twelve. This
will enable me to use all students in each class because
the class numbers are relatively small. I will also be
studying the parents of the children involved. The Social
Studies and History teachers in the ninth and twelfth
grades will participate in my research, as well as the
sixth grade teachers. One of the benefits of using a small
school is the chance of siblings participating and the
opportunity to compare their views for the purpose of
analysis.
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I began the process of undertaking this project by
getting my research project approved by the IRB. After I
had been approved, I contacted the principal of the high
school, Mr. Neil Nelson. He was more than willing to
volunteer the school for my study and offered to aid me in
any way he possibly could. Next I needed to call the
principal of the elementary school, Mrs. Jan Eilers. She
was also very enthusiastic about my research project and
also offered her help wherever I might need it. After
this, I contacted each individual teacher to acquire his or
her approval and willingness to participate in the project.
After they had agreed to participate, I set up dates when I
could meet with them and their students to conduct the
survey. Next, I made permission slips for each student to
take home to their parents. Then I mailed them off to each
teacher for them to hand out to their students.
I developed different surveys for each grade level,
one for parents, and one for teachers. Each survey had a
different level of difficulty in accordance with the age
level of the respondent. I administered the surveys,
through visiting each grade, explaining the study, and
waiting while they fill out the surveys in case there were
any questions. I met with each teacher either before or
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after I visit his or her classroom. I brought candy canes
as a token of my appreciation for their help.
In order to attain the information from the parents, I
passed out two copies of the survey for the parents with
each student's survey. I also attached to each parent
survey a postage-paid return envelope. I felt this would
encourage the parents to respond to my request. After I
collected all of the information I need, I sent out notes
of thanks to the participants, letting them know their help
was appreciated.
I kept the information regarding the respondents
confidential. I did not ask them to reveal their names in
an effort to make them feel more comfortable and free to
answer their questions as they truly feel. In the future, I
will be able to compare the students and the parents
because I will be using identification numbers. This will
enable me to compare the responses of the student, the
parent, and the teacher, without revealing their identity.
I analyzed the data in quantitative form. I coded all
of the answers, and then proceeded to enter that into a
computer program. This was useful for analyzing the data
and making new connections. I attempted to look at the
data from every aspect possible. I used Systat to code and
understand my data. Therefore, I was able to compare a
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great deal of variables quite quickly. It was especially
important when I was determining which sources were most
significant in determining the socialization of children.
This was very useful for producing new ideas because once
the relationships are discovered I could determine if there
is indeed a chance to develop new ideas. Using a computer
program is the quickest and easiest way of accomplishing
this goal.
I am not planning on using precise descriptions. I
feel this project is best suited to using descriptions that
can be easily coded and compared. If I were to use a great
deal of qualitative data, it would be difficult to do the
in-depth analysis I anticipate achieving. While I am not
planning on being precise, I do intend to explain why
things are the way they are. Not only will I be able to
better explain the socialization of children into politics;
I will also be able to explain the reasons that teachers
and parents hold the views that they hold.
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Chapter Two:
Examining 6th Grade Political Socialization
As one can clearly see in Table l. A, students at the
6th grade level know very little about simple government
facts. While all of the children surveyed correctly
identified the president of the United States, none of the
children could correctly give the number of years for a
term of a senator of the United States. Another strength
of the children was identifying the governor of Minnesota.
This may be attributed to the fact that he was a
professional wrestler and quite involved in the media prior
to being elected to office. He has also made himself very
visual in the media ever since he was elected to office.
Only one student (four percent of the class) could
correctly identify his or her United States Senators,
United States Representative, and Minnesota Senator. It
should be mentioned that one student did not correctly
identify each of these officials. Only slightly better
with 22% (three students) could identify their Minnesota
Representative. This is probably because the man that
holds this office, Richard Mulder, is also the physician in
one of the towns that composes the school under
examination.
14
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As shown in Table l. A, nearly all of the students knew
the number of years in a term for the president of the
United States (80%). However, none of the students knew
the number of years in a term for a United States senator.
Slightly more than half of the students knew the number of
years in a term for a governor. Again, this might be
because of the high profile the current governor maintains.
Table 1. B illustrates the way in which the students
identified themselves politically. The majority of
students (42%) considered themselves to be Democrats.
Following closely behind that with 38% of the students were
those with no preference of any party. This might only be
reflective of the age of the children and their lack of
exposure to politics. However, this could be an indication
of a trend of leaning toward not committing to a political
party whatsoever. While four students (15%) considered
themselves to be Republican, only one student (four
percent) considered him or herself to be Independent.
These statistics are actually quite reflective of what
one might expect considering the area in which these
children live. In a small, rural, farming community, one
might expect to find high levels of support for the
Democratic Party. However, a significant number of
students still claim to have no preference. Hence, further
15
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examination of other students will perhaps demonstrate a
clearer picture of the actual political views of the area.
Just over half of the students said they watched the
presidential debates in the fall of 2000 (67%) , as shown in
Table l. C. Slightly higher was the number of students
stating that their parents had watched the very same
debates (78%) . These numbers seemed to be quite
impressive. Already beginning to watch debates at the
sixth grade level shows clear signs of beginning to be
politically aware and interested in politics.
Table 1. D illustrates the amount of discussion
students viewed having with teachers, family, and friends.
Slightly over half of the students responded that they
discuss politics with their teachers some of the time.
Only four percent responded that they never discussed
politics with their teachers.
Just under half of the students (44%) responded that
they discussed politics with their family some of the time.
However, fifty-five percent of students responded that they
did discuss politics with their families. Even fewer
students responded that they never discussed politics with
their family (7%) that that of those that responded that
they didn't discuss politics with their teachers. When
asked about discussing politics with their friends, the
16
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majority of students (44%) responded that they rarely
discussed politics with their friends. However, eleven
percent admitted that they did discuss politics with their
friends some of the time. If using political discussion as
a means of socializing children into politics, one could
deduce that families are the most influential source of
political socialization, followed very closely by teachers.
A majority of students responded that their teachers
shared opinions regarding poli
After School Programs: Reducing Juvenile Crime in Communities Around America
No full textThis research paper will attempt to discover how after school programs affect the juvenile crime rate. This will be done using government studies, interviewing police officers, teachers, and students, and by examining one case in detail: the 21st Century Community Leaning Centers in Washington, DC. The hypothesis is that after school programs have reduced the juvenile crime rate, not only slightly but substantially. After school programs have been proven to positively affect the psychological and learning aspects of youth. Whether after school programs have had a significant effect on the juvenile crime rate has not been researched as thoroughly as the effects on academic achievement. It is very likely that there is a positive correlation between participation in after school programs and a reduction in the juvenile crime rate.GUSTAVUS ADOLPHUS COLLEGE
RELlGION AND POLITICS IN AMERICA
AFTER SCHOOL PROGRAMS:
REDUCING JUVENILE CRIME IN
COMMUNITIES AROUND AMERICA
BY
ERIN M HOLLOWAY
ST.PETER,MINNESOTA
SPRING2001
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2
Table of Contents
Introduction 3
1. Youth Development and Juvenile Crime 7
2. America and After School Programs 19
3. Washington, DC and After School Programs 27
4. Analysis 33
Conclusion 40
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Introduction
In the 1950s, a "normal family' consisted of a working father, a stay at home
mother, and 2.5 children. Now that 78% of mothers with school age children are
working, there is no one at home to take care of the children.
1
So what happens to
students after school, when up to 15 million students each day go home to an empty
house2 and 35% of 12 year olds are regularly left unsupervised and alone?3 The
difference between a chilcfs school schedule and the parents' work schedules can be as
much as 25 hours per week; 25 hours that the child is left alone, generally immediately
after school.
4
Importantly, the time after school is the time when a child is most likely to
be victimized and/or commit a crime. The hours from 3-4 p.m. are the hours during
which a juvenile is most likely to commit an assault, inflict serious bodily injury, or
1 Ann Youst, "Making After School Connt," Communities and Schools Working Together,
(volume 2 number 2, Washington, DC, Charles Stewart Mott Foundation, July 1999), p 9.
2
Michelle Zapata, "After-School Programs Research Topic Brief," (Urban Health Initiative,
March 1999).
3 D. Vandall, J. Posner, L. Shumrow, and K. Kang, "Concurrent, Short Term, and Long Term
Effects of Self Care, Society for Research in Child Development," (Indianapolis, IN, March
1995).
4 American Youth Policy Forum, "More Things That Do Make A Difference for Youth,"
(Washington, DC, 1999).
3
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4
commit an assault with a weapon.5 The juvenile crime rate more than doubles during this
time, almost tripling from 3-4 p.m.6
This problem affects more than just kids, however. Children left home alone
affect communities, schools, and other children. Teachers blame unsupervised time as
the primary explanation for why a student has difficulties in class.7 Former Vice
President Al Gore has realized that this gap in schedules is a problem, stating:
With the average two-parent family working almost 500 more hours a year than they
did a generation ago, and both parents working all day in seven out of ten households,
America'.s working families often lack the most precious of all commodities: time with
their children; time to teach them right from wrong; time to pass on their values. We
need to support America'.s working families by providing the after school programs
they want to give their kids a safe place to learn and enrich their lives with positive
values.8
Former President Clinton also took note of the problem and stated:
We must make sure that every child has a safe and enriching place to go after school
so that children can say no to drugs and alcohol and crime, and yes to reading, soccer,
computers, and a brighter future for themselves. 9
Former President Clinton proposed increases in federal funds for after school
programs, emphasizing the federally funded 21st Century Community Learning
5 Sanford A. Newman, James Alan Fox, Edward A. Flynn, and William Christeson, America's
After-School Choice: The Prime Time for Juvenile Crime, or Youth Enrichment and
Achievement, (Washington, DC, Fight Crime: Invest in Kids, 2000), p 7.
6 US Department of Education, Working for Children and Families: Safe and Smart After School
Programs, (Washington, DC, US Department of Education, 2000), p 8. See also Appendix A and
B.
7 US Department of Education, Working for Children and Families, 5.
8 Office of the Vice President, "Vice President Al Gore Releases New Information Confirming
the Importance of After School Programs for Working Families," (Washington, DC, The White
House, September 14, 1999).
9 US Department of Education, Working for Children and Families, 5.
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5
Centers.10 After school programs are springing up all over the country in all different
forms and functions. Some are in libraries, some in churches, some in schools, and some
outdoors. After school programs across the country have different staffs, different
ideologies, and different histories. They do share one common goal however, and that is
to improve a chilcfs life.
An after school program is defined as a grouping of activities, such as tutoring,
career exploration, community outreach, etc, that are provided for children immediately
after school. Adults from the community staff the programs. Usually these adults are not
teachers, rather they are support staff from the school. The community itself becomes
very involved with after school programs, many of which are partnered by groups such as
Boys and Girls Clubs, Boy and Girl Scouts, 4-H, YM-YWCA, Urban Leagues, and
ASPIRA.11 After school programs are generally offered every day and some are even
offered on Saturday mornings. After school programs are still evolving and are
constantly trying new approaches, so a more concise definition is not available.
Programs tend to vary from location to location; those programs that work in inner city
locales may not work in the rural areas. They all generally consist of adults being
available to support and encourage a group of juveniles with their schoolwork and moral
development.
10 21" Century Community Learning Centers are defined as "entities within public elementary,
middle or secondary school that provide programs to address the educational, health, social
services, cultural and recreational needs of its community after school, on weekends and during
the summer. Community Leaming Centers expand learning opportunities for children and youth
and contribute to reduced drug use and violence." From US Department of Education, 21"
Century Community Learning Centers Program, (Washington, DC, US Department of Education,
1998).
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This research paper will attempt to discover how after school programs affect the
juvenile crime rate. This will be done using government studies, interviewing police
officers, teachers, and students, and by examining one case in detail: the 21st Century
Community Leaming Centers in Washington, DC. The hypothesis is that after school
programs have reduced the juvenile crime rate, not only slightly but substantially. After
school programs have been proven to positively affect the psychological and learning
aspects of youth. Whether after school programs have had a significant effect on the
juvenile crime rate has not been researched as thoroughly as the affects on academic
achievement. It is very likely that there is a positive correlation between participation in
after school programs and a reduction in the juvenile crime rate.
11
Youst, "Making After School Count, 2.
6
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7
Chapter One:
Youth Development and Juvenile Crime
As children develop into adults, they face many difficult situations and begin to
make their own decisions. Schools are responsible for supervising and advising during
these formative years. At a White House Conference on Education in 1965, Vice
President Hubert H. Humphrey said, "our country will achieve historical acclaim for using
its educational system to overcome illiteracy, unemployment, crime and violence, and
even war among nations: 12 That is a heavy burden to put on the schools, whose main job
is to educate children. 13 After school programs have been introduced in many
communities in recent years to help the schools meet those roles that Vice President
Humphrey had suggested in 1965. These programs fulfill a need that has been presented
in the past fifty years for a safe place for children to go after school while parents are at
work and children are most at risk. Teenagers are 10% more likely than adults are to
become victims of violence, and many of these acts of violence are committed against
children and teens after school.14 One of the major goals of after school programs is to
reduce juvenile crime in the community.
Juvenile delinquency was first coined as a phrase in the 1950s. Mayer presents a
theory as to why juvenile delinquency became an increasingly prevalent issue in the
12 Richard Lawrence, School Crime and Juvenile Justice, (NY, NY, Oxford University Press,
1998), p 8.
13 Lawrence, School Crime and Juvenile Justice, 9.
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8
1950s. He places the blame of the rapid increase in juvenile crime on three major
occurrences: post-war deterioration in morals, the employment of women, and crime
becoming''big business'.15 Post war deterioration in morals cannot be qualitatively proven
and crime becoming''big business'is not as relevant as it once was, especially with the
recent arrests and convictions of notorious members of the Mafia. That leaves the
employment of women as the most relevant occurrence, because many families presently
consist of only one parent or two working parents. The hours after school have turned
into a time when children go home to an empty house and many often lack supervision.
Mayer also argues that the social situation of children can affect their maturation,
stating, "It is the atmosphere in which young people grow up that inevitably influences
them towards lawless behavior and a contempt for the law itse!e16 An atmosphere
without constant adult supervision is not necessarily a healthy situation for children.
Some other negative components of the situation include broken homes, negligent
parents, and vicious older boys and girls; but he also places the blame for these situations
on neglectful schools, careless police, indifferent churches, an inefficient court system,
and the unsympathetic community.17
Although this was many years before after school programs were even an idea,
Mayer suggested that one aspect of what kids need is what after school programs can
provide-a mentor or a trustworthy, admirable adult. Mayer thought that juveniles had all
14 National Crime Prevention Council, "Securing the Future for Safe Youth and Communities,"
(USA, National Crime Prevention Council, 1998), p 3.
15 Herbert C. Mayer, Toward the Prevention of Juvenile Crime, (New York, NY, American
Viewpoint, Inc) p 3.
16 Mayer, Toward the Prevention of Juvenile Crime, 5.
17 Mayer, Toward the Prevention of Juvenile Crime, 6.
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these big, important questions that they were forced to work through alone because they
did not have an adult they could talk to that they trusted and respected. With such an
adult present, these questions can be answered and debated and the conversations can
help build a positive philosophy on life, a positive code of living, and healthy selfdirection.
18
9
An adult mentor is only one thing that children need to develop into healthy
adults. Around the ages of 10 - 17 a child needs many things in order to develop into a
mature, responsible, law abiding adult. Santrock outlines theories as to how a child
develops, following Piaget's argument (1932) as to how a child forms opinions on what is
moral or immoral. Piaget states that by the time a child enters the teen years they have an
understanding of morality, which he identifies as autonomous morality. Autonomous
morality means that they understand that rules and laws are created by people and thus
recognize that punishment is also created by people and thus punishment is not
inevitable.19 Santrock also agrees with Mayer, affirming Hartshorne and Mays theory
that moral behavior is situationally developed. With a survey of 11,000 children,
Hartshorne and May did not find one child that was either completely honest or
completely dishonest. They were all influenced by their situations, either by the
influence of their peers or the degree to which they had a chance of being caught.
20 Thus
Santrock concludes that certain actions must be taken to promote the healthy
development of children. These actions include reinforcement for good behavior,
punishment for bad behavior, and a good, moral role model that a youth can form a
18 Mayer, Toward the Prevention of Juvenile Crime, 13.
19 John W. Santrock, Child Development, (Boston, MA. McGraw Hill, 1998) p 435.
20 Santrock, Child Development, 443.
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connection with for an extended period of time.
21 Again, after school programs can
provide that role model, along with the reinforcement and punishment for behavior both
good and bad. With a lack of punishment, bad behavior may escalate into a serial
problem, eventually resulting in the formation of a juvenile delinquent. By having
children in an after school program, there is another adult to provide discipline and
encouragement, dependent upon the situation.
10
Santrock explains juvenile delinquency as a broad range of behaviors, from
socially unacceptable to status offences to criminal acts.
22
Status offences are crimes
because the offender is under a certain age, such as running away, truancy, drinking, and
sexual promiscuity. Criminal acts include such things as robbery, aggravated assault,
rape, and homicide. 23 He theorizes that the reason that youths become delinquent is due
to an adult's failure to fulfill the youths' basic needs; those of security, a positive selfidentity,
a strong connection to people, and a healthy comprehension of reality.24 He
concludes that the best way to cut down on juvenile delinquency is to implement
prevention programs. More than simply focusing on the delinquents, Santrock promotes
a focus on total quality in education, once again placing the burden onto the schools. 25
The schools must keep the focus on education however, and should not be held
responsible for providing prevention programs during the normal, already busy school
day. After school programs have the time and the resources to provide some prevention
programs and present an alternative to being on the street from 3 - 6 p.m. Such
21 Santrock, Child Developmenl, 442
22
Santrock, Child Development, 455.
23 Santrock, Child Development, 455.
24
Santrock, Child Development, 457.
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11
prevention programs may seem extreme, but youth crime has become a major problem in
many areas.
How much of a problem juvenile crime has become is somewhat of a contested
subject. Jeffrey M. Jenson and Matthew 0. Howard address the rising trend in juvenile
crime, noting that the juvenile arrest rate rose 71 % from 1987 to 1994, and that
homicides by juveniles with guns tripled from 1983 to 1996.26 Juveniles were
responsible for one fourth of all property offenses from 1981 to 1995.27 Jenson and
Howard believe that the increasingly violent nature of juveniles has challenged the
traditional practices for treating juvenile delinquents.
28 Juvenile courts had a record high
number of cases in 1994, and still crimes involving juveniles continued to climb
steadily.29 Juvenile crime rates are unpredictable and thus the policy that affects the rates
is difficult to formulate and to pass through Congress.
Bernard (1992) presented a theory about the policy cycle of juvenile policy. First,
the public and government officials decide that juvenile crime is too high. They then
respond with more severe punishment than before. That proves not to work, so major
reforms are instituted that emphasize leniency. Juvenile crime persists and is blamed on
permissive public policy. Thus the cycle starts over again.30 Jenson and Howard
advocate that theory but do not believe that it goes deep enough. The core of the juvenile
25 Santrock, Child Development, 458.
26 Jeffrey M. Jenson and Matthew 0. Howard, "Youth Crime, Public Policy, and Practice in the
Juvenile Justice System: Recent Trends and Needed Reforms," Social Work, (volume 43, number
4, July 1998), p 325.
27 Jenson, "Youth Crime and Public Policy," 325.
28 Jenson, "Youth Crime and Public Policy," 324.
29 Jenson, "Youth Crime and Public Policy," 326.
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12
crime problem must be addressed before juvenile crime policy will work. That core
includes all things that after school programs attempt to help reduce: poverty,
unemployment, inadequate family support, and limited educational opportunities.31
These are complex issues that after school programs alone will not be able to address.
The juvenile court system has tried and has made a dent in the problem, but has not been
able to completely eliminate the problem.
In 1998, when Jenson and Howard published their article, the threat of a major
youth crime wave was very realistic. In a 1996 cover story for the US News and World
Report, Ted Gest predicted that as bad as the youth crime rates were, they were only
going to get worse. One particular prediction he made regarded the increase in juvenile
murder is''a coming surge in the teen population could boost the juvenile murder total
25% by 2005'.'2 Gest continued throughout the entire article to warn of the rising juvenile
crime rates and he was not alone in his crusade. Criminologist James Alan Fox agreed
with him, stating'This is the lull before the crime storm. The future may make 1995 look
like the good old days'.'3
Something happened however, and the predicted rise in juvenile crime rates did
not occur.34 Howard Snyder, the Director for the National Center for Juvenile Justice,
believes that people still think that the crime rates are rising; that they are unaware that
30 Jenson, "Youth Crime and Public Policy," 327.
31 Jenson, "Youth Crime and Public Policy," 331.
32 Ted Gest, Crime Time Bomb, (US News Online, online, Internet, Available:
http://www.usnews.com/usnews/issue/crime.htm). p 1.
33 David Westphal, Juvenile Crime is Falling Rapidly; but Public Believes Youth Crime is Sill on
Increase, (The News Tribune, online, Internet, Available:
http://www.cjch.org/jpi/newstribunel 21299 .httnl).
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13
they are, in fact, dropping. The violent crime arrest rate for juveniles is down 30% since
1994. 35 Snyder said, 'Nothing could have predicted the big increase in crime in the late
1980s and 1990s, and nothing could have predicted our current decline:,16 Juvenile crime
can be hard to predict and also hard to interpret. No one can pinpoint why the juvenile
crime rate dropped so suddenly. Some do believe that it is the community-based
approach to addressing juvenile crime, not just the courts and the police.
One such advocate of the community-based solution is Richard Lawrence, a
former probation officer and the son of two teachers. He believes that more is required
than school rules and court order, being that juvenile crime is a community wide
problem. He theorizes that schools try to fulfill the role of parents, families, church, and
the community, and that those roles interfere with the main role of school: to educate.37
He advocates three major reforms: more communication between education professionals
and juvenile court officials, more support and involvement from parents, and more
resources and support form the community at large.38 After school programs fulfill some
of these reforms, by relying upon the community and the parents or supplying a positive
role model to supplement the parent. These things are necessary because of the reduced
role that parents play in a childs life. Parents have less power, less confidence, and more
doubts about how to raise a child now than they did in the 1950s.39 The lack of adult
role models, especially a parental role model, is one occurrence that after school
34
See Appendix C.
35 Westphal, Juvenile Crime is Falling Rapidly.
36
Westphal, Juvenile Crime is Falling Rapidly.
37 Lawrence, School Crime and Juvenile Justice, 2, 10.
38 Lawrence, School Crime and Juvenile Justice, x.
39
Lawrence, School Crime and Juvenile Justice, 72.
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programs are trying to combat. Keeping children from dropping out of school has a
proven effect on juvenile crime. One of the seven major consequences of dropping out
includes an increased likelihood to commit crime. 40 One girl from New York described
why she dropped out,''[ hated the school. It was overcrowded; teachers didn't care. !never
knew who my counselor was, and he wasn't available to me. '.!hat was it. End of schoot:41
This was in 1986, 15 years ago, and even then the girl had no adult in the school or
community that she could talk to, that she could trust, and that could convince her to stay
in school. If she did not even know who her counselor was, how could she be expected
to stay in a school where she felt that no one cared about her? Part of the goal of after
school programs is to keep students in school, by providing that role model, giving kids
that extra help, showing them why school is so important, and showing that school can be
fun and interesting. Successful efforts by teachers to keep at risk kids in school include
computerized education, indi
Agrarian Revolutionary Movements: Twentieth Century Mexico
No full textProgress toward agrarian reform in Mexico, at each new level, has represented an ever-challenging environment for reformists. While the twentieth century has been marked with, depending on the level of analysis, an almost infinite number of insurrectionary/revolutionary type actions, to review each of these occurrences individually would be a truly daunting task. Rather, my thesis will analyze only the Mexican Revolution and the Zapatista Movement (Emiliano Zapata Liberacion Nacional, EZLN) of contemporary Mexican society. The rationale for this analysis centers around proving that while the methods for creating change differ, both the Mexican Revolution and the Zapatista movement of contemporary Mexico were/are essentially agrarian social movements, the product of peasant uprising. However, before we can fully understand the inherent difficulties plaguing Mexico during the twentieth century we must first examine the root of the problems as they relate to early Latin American history.Agrarian Revolutionary Movements:
Twentieth Century Mexico
Kevin J. O'Laughlin
PO 99
April 30, 1999
Gustavus Student Repository
Introduction
Inherent to development, in relationship to a means towards human rights, exists
the notion that a situation or struggle must progress.
'Development never will be, and never can be, defmed to universal satisfaction.
It refers, broadly speaking, to desirable social and economic progress, and people
will always have different views about what is desirable' (Brandt 1980: 48). This
comment from the Brandt Report sums up the essence of the controversy in the
notion of development. It must, by definition, mean progress, but this implies a
value judgment, and what constitutes an improvement varies considerably
according to views and ideology. (Cubitt 5)
Progress, for the purposes of my thesis represents, within the broad scope of
development, successes towards comprehensive agrarian reform. The physiocratic
doctrine and its "real-world" applications are represented throughout the globe, both in a
historical and contemporary context, but is perhaps most pronounced as applied to Latin
America. However, the resounding call for agrarian reform within a single nation-state is
most clearly evidenced through the historic struggle plaguing Mexico.
Mexican history, riddled with corruption and injustice, has been a hot bed for
social struggle in the very broad sense. That is Mexico represents a society trapped in
the awkwardness of adolescence because of societal stigmas, global economic pressures,
and perhaps most profound to the situation, political instability and lack of
representation. These problems, as aforementioned, have been present in Mexico since
its independence and before, problems rooted in a culture passed down from colonial
2
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times debilitating not just Mexico, but most all Latin American countries. However,
perhaps the most pervasive of societal ills slowing Latin American developmental
progression, is that of unequal land distribution. Throughout history agrarian reform has
been the paramount goal for Mexico's peasantry, for without comprehensive reform,
daily subsistence becomes virtually impossible.
The unfortunate reality of Mexican land distribution is that land distribution is an
oxymoron in Latin America. That is, a very small minority of the population tightly
controls the majority of Mexico's land. The tragedy of the situation is that in a country
where wealthy land owners refuse to relinquish their traditional agrarian stronghold, those
representing the oppressed, people living in a state of destitute, have been forced to
insurrection time and again, serving only to compound the overall struggle towards
development.
Progress toward agrarian reform in Mexico, at each new level, has represented an
ever-challenging environment for reformists. While the twentieth century has been
marked with, depending on the level of analysis, an almost infinite number of
insurrectionary/revolutionary type actions, to review each of these occurrences
individually would be a truly daunting task. Rather, my thesis will analyze only the
Mexican Revolution and the Zapatista Movement (Emiliano Zapata Liberacion Nacional,
EZLN) of contemporary Mexican society. The rationale for this analysis centers
around proving that while the methods for creating change differ, both the
Mexican Revolution and the Zapatista movement of contemporary Mexico were/are
essentially agrarian social movements, the product of peasant uprising. However,
3
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before we can fully understand the inherent difficulties plaguing Mexico during the
twentieth century we must first examine the root of the problems as they relate to early
Latin American history.
Regional/Mexican History, Pre-1900
... Latin America has throughout its history been both tumultuous and stable.
The Conquest began a tradition of political violence that has erupted in coups,
assassinations, armed movements, military interventions, and (more rarely) social
revolutions. Ideological encounters between liberalism, positivism, corporatism,
anarchism, socialism, communism, fascism, and religious teaching of every
doctrinal hue have sharpened the intensity of struggle. Despite the differing forms
of political conflict, old social and economic structures have persisted. Even
where modem revolutions have struck, as in Mexico (1910) and Bolivia (1952),
many aspects of traditional society survive. (Skidmore and Smith 5)
The above quote crystallizes the importance of a brief review of Latin American
history. The region of the globe now called Latin America was originally home to
flourishing native civilizations. The Mayan, Aztec, and Inca indians represented three
unique cultures/societies that, while young in comparison to the ancient civilizations of
Africa and Asia, were remarkably advanced/developed. However, in 1492 with Spain
(because present-day Mexico was part of Spain's territory, this section will only cover
the Spanish conquest) attempted to gain territory around the globe, conquerors were sent
to settle the New World, and this marked the end of much of the native population.
Those who survived were forced into slavery, left to watch their once great societies be
destroyed.
4
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The Indian survivors saw their social order undermined and distorted. Forced to
give their labor to the Spaniards, the Indians struggled to maintain their traditional
social networks. The most fertile land was seized by the conquerors-who, in
many cases, converted the land to raising livestock. Indians was the symbols of
their old religion destroyed and they clung to such syncretistic practices as they
could devise. (Skidmore and Smith 20)
It was during this time (1500-1600) that cultural differences started to develop which laid
the foundation for the inequalities of land distribution to come. It was at this point that
ones ethnic make-up became a basis for wealth and power. Of the three ethnic
distinctions, Indians, Europeans, and Africans, intuitively, the Europeans, while less than
2 percent of the population, wielded the majority of the power. However, from this
relatively new social class system, came a duality among Europeans, comprised of the
peninsulares (settlers born in Spain), and the criollos or creoles (settlers born in the New
World). Over time this became a very important distinction for the European segment of
the population because soon creoles would be judged inferior to their homeland-born
countrymen.
The next important phase in New World is generally recognized as the years 1600
to 1750. It was at this time when major political and demographic changes were starting
to take shape. Spain for the first time since the late fifteenth century was losing its longtime
stronghold, exemplified by Portugal reasserting its independence in 1640.
Additionally, both Spain and Portugal were facing pressure on their dominant presence in
the New World. The English, Dutch, and French now all had settlements both in North
America and the Caribbean. All the while, during the years of Colonial "shake-up," the
make-up of the New World's population was ever changing. Notably, there was a drastic
5
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increase in the representation of whites and mestizos, from 2 to 20 percent and 3 to 28
percent respectively. The sharp increase in white population led to creoles gaining
considerable control in politics, while retaining their superior landholding status through
hereditary land titles.
The final stage of notable Latin American history can be summed up as
approximately the time from which the aforementioned political and demographic changes
took place until the late nineteenth century. It was during this time that the final steps
towards independence were taken for all soon-to-be countries in the New World. Mexico,
among the ranks of countries seeking independence, in 1813 at the Congress of
Chilpancingo, declared its independence from Spain. However, as with all historical land
conflicts, Spain refused to relinquish their grasp without a fight; and thus this era was
marked with numerous battles/skirmishes. The physical violence, which accompanied
these land wars, wrecked havoc on the emerging countries politically, economically, and
socially. To the point, Skidmore and Smith wrote, "Mexico was wracked by battles
which kept that country divided and without effective national direction before 1850"
(36). Mexican economic despair was mostly due to the collapse of the mining and textile
industries, which had been vital to the pre-war economy. Unfortunately the method for
development going forward was for these newly formed governments to start borrowing
heavily creating huge amounts of foreign debt which is a major problem facing Latin
America still today. However, Latin America's economy soon received a boost in the
form of exports, notably: wheat, tobacco, beef, wool, guano, sugar, coffee, and cacao.
This rapid increase in the exportation of goods marked the new commitment to liberalism
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witnessed throughout all of Latin America. With this time period also came the
introduction of the caudillo as the source of rule. Essentially, caudillos were military
groups led by former soldiers which would over-through the current government, install
themselves as leaders, seeking only the perceived power and wealth of the presidency.
However, the time in office was usually short lived, as the caudillos would realize running
the government actually had nothing to offer, they would quickly dissolve soon to be
replaced by a different group.
During the forty-year period from 1821 to 1860, Mexico had at least fifty
separate presidencies, each lasting for an average of less than one year; thirty-five
of these ill-starred regimes were led by army officers. The basic means of winning
presidential office was through a military coup. (Skidmore and Smith 228-29)
This went on until the late eighteen hundreds when the governmental trend switched to an
administrative based system. Here,
The independent republics moved to strengthen the use of two elements in their
economies: land and labor. Most government sought to put land into the hands of
entrepreneurs who would invest and make it bear fruit. In Brazil and Mexico
that meant government pressure to sell off government (previously crown) land.
The losers in Mexico and the Andes were the Indians, but such action could also
hit white or mestizo owners who had failed to develop their lands. (Skidmore and
Smith 40)
It was during the later years of this era, starting in 1876, that Mexican politics was
dominated by the new president, Porfirio Diaz' dictatorship, the final time period before
the Mexican Revolution. The Diaz reign, in a historical context, must take the blame for
setting-off the Mexican Revolution, for it was during this time that tensions grew and the
years of angst finally came to a head. While it's true that Diaz did further prosperity for
those already among Mexico's elite the unfortunate reality of his presidency is that the
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impoverished slipped further into a state of destitute. Ironically enough, it would soon be
these two, very much opposite, segments of the population which would unite and overthrough
the Diaz regime.
The Mexican Revolution: Analytical Causation
Scholars concur, Mexico has been a politically, economically, and socially volatile
country ever since its independence. So what then was the specific cause of what is
considered the first of the twentieth century's major revolutions? Some argue that the
Mexican Revolution was nothing more than a series of power hungry elite seeking the
office of the presidency, backed by financial and military interests. Based on the fact that
five different men, all wealthy, established elite and/or former military officers held the
office of the presidency during the years 1911 to 1919 it's easy to see where such a
theory could come from. Ramon Eduardo Ruiz, a prominent historian of the Mexican
Revolution recognizes this idea by postulating that the turmoil of the Mexico during that
time period was neither agrarian nor revolutionary. Quite the contrary, he believes that
the elite leaders: Francisco Madero (1911-13), General Victoriano Huerta (1913-17),
Venustiano Carranza (1917-18), and Alvaro Obregon (1919-24) were the driving force
behind the violent conflict in Mexico.
Obviously, for the purposes of this study, these are unacceptable assumptions.
While top-down political change has presented itself often throughout history, the case of
the Mexican Revolution was clearly sustained by Mexico's land and labor peasant
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movement. Admittedly, the initial over-through of the Diaz regime was directly due to
Francisco Madero challenging the established government. However, he soon needed help
and turned to Emiliano Zapata, the champion of the landless peasants, for support, and
from that point on the fight for land and labor reform became the cause for the
continuance of the Mexican Revolution. To the point Skidmore and Smith wrote:
Francisco Madero and his fellow dissidents may have started the Mexican
Revolution, but they did not long control it. Other rebels had larger goals:
Emiliano Zapata, for example. Zapata had emerged as the rock-hard leader of
landless peasants in the southwestern state of Morelos. They were the country
dwellers who had seen their traditional land rights taken away by the smoothtalking
lawyers and speculators using the new laws of "liberal" inspiration. These
zapatistas ( as they inevitably became known) saw the rebellion as a chance to
restore justice. That meant regaining their lands. (234)
So then what was it that drove the peasant uprising and subsequent social
movement in early twentieth century Mexico? John Tutino in From Insurrection to
Revolution in Mexico has succinctly laid out three main conditions before, what he calls,
" ... mass rural uprisings ... ," can occur: rapid and severe deterioration of rural social
conditions, peasant difficulties must be clearly perceived as caused by human actors-landed
elite, the state, or both, and evidence that the powerholders are weak and/or
divided must be present (22). Though Tutino's outline necessitates a discussion to
clarify detail, it's easy to see how it relates to the Mexican Revolution. Where as the
increasing call to capitalism coupled with stripping away of land rights represents the
deterioration of rural social conditions, the peasants knew that the land inequalities and
pull from capitalism was coming from the country's elite, which fulfill the second
condition, and finally the movement did rise-up during a weak point in Mexican
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government, Diaz' fall from power. However, to fully understand these relationships a
more pointed analysis is required.
Chalmers Johnson wrote, "True revolution .. .is the acceptance of violence in order
to cause the system to change when all else has failed, and the very idea of revolution is
contingent upon this perception of societal failure" (12). However, this sentiment is
perhaps best expressed in the words of Ortega y Gasset:
Man has always had recourse to violence ... at times violence was the means
resorted to by him who had previously exhausted all others in defense of the
rights of justice which he thought he possessed. It may be regrettable that human
nature tends on occasion to this form of violence but it is undeniable that it
implies the greatest tribute to reason and justice. For this form of violence is none
other than reason exasperated. (82)
Operating within the notion that the Mexican Revolution was fought under justifiable
conditions, we recognize the struggle as just that, an act of violence which represented the
final recourse for the peasants who were no longer able to sustain their daily existence.
Daily sustenance is universally recognized as a higher psychological need for individuals.
In development terms, and in relationship to the Mexican Revolution, we can view the
inability to support ones existence as the degree of situational relative deprivation.
Relative deprivation, as defined by Robert Gurr is the " ... actors' perception of
discrepancy between their value expectations and their value capabilities" (24). As
previously mentioned all humans on a psychological level expect to have the opportunity
to survive. Gurr maintains, "Psychological theories about the origins of human aggression
provide an explicit motivational explanation for the proposed causal link between relative
deprivation and collective violence" (30). Regarding relative deprivation, as a function of
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society, be it land for growing their own crops or a job which creates at least enough
income to maintain nourishment, the lines for subsistence are clear. Failure on either of
these fronts denotes a critical problem regarding societal responsibility and will most
certainly be represented by an aggregate increase in relative deprivation. This becomes a
critical issue for society because as Gurr theorizes, "The potential for collective violence
varies strongly with the intensity and scope of relative deprivation among members of a
collectivity" (24). To the same point Barrington Moore writes, "For this to happen
(outbreak of rebellion), people must perceive their situation as the consequence of human
injustice: a situation that they need not, cannot, and ought not endure" ( 459). In relation
to the Mexican Revolution, over time as Mexico's peasantry slipped further and further
into poverty the potential for violence increased.
Intuitively, the undermining of rural social conditions can manifest itself in a
variety of different ways. The introduction of capitalism and industrialization into
developing countries where dual societies exist is necessarily detrimental to the majority
of the population who represent the countries peasantry. On a purely psychological
level Joel Migdal writes that peasants have a "fear of dependency on outsiders" (16).
The relationship between the introduction of capitalism and loss of autonomy of a given
countries peasants has been very well documented in development literature. Susan
Eckstein explains that the perception of increased autonomy can help spur revolutionary
action:
.. .local groups have lost much of their autonomy through incorporation into
national government and party institutions, and local leadership has been cooped
through patronage into national institutional structures. Thus, the experience of
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Mexico and Bolivia suggests that agrarian revolutions that both strengthen village
ties and preserve local institutional autonomy are more likely than those that do
not to spark subsequent village-based mobilizations. (35)
The case of pre-revolution Mexico is a perfect example to the potentially destructive
nature of these societal changes when abruptly forced on an unprepared and
disadvantaged people:
The economic progress of the Diaz years also had its cost. While the wealthy
prospered and duly copies the ways of European aristocracy, the vast majority of
Mexicans faced grinding poverty. Given its labor surplus, Mexico's wage rates
remained very low. Indeed, one estimate ( doubtless exaggerated) showed that
average purchasing power in 1910 was only one-quarter the 1810 level. Mexico
exported agricultural products, while production of most Mexicans' dietary
staples-com and beans (frijoles)-barely kept up with population growth.
(Skidmore and Smith 232-33)
Compounding the new societal challenges brought about by capitalism and
industrialization where long time death rate and literacy issues deeply rooted in Mexican
history. That is at the beginning of the twentieth century nearly 30 percent of all children
died before the age of one, all the while more than 75 percent of the population were
illiterate. When these sort of conditions persist it is only natural for those representing
the oppressed to lash out:
Destructive behavior may be explained by reference to another fundamental
property of the human organism: if men are exposed to noxious stimuli that they
cannot avoid or overcome, they have an innate disposition to strike out at their
sources. (Gurr 23)
The two remaining necessities for agrarian revolution, as per the Tutino outline
can be inter-related on a conceptual level. That is the recognized societal ills are caused
by the ruling class and that those in power, the individuals or group making the seemingly
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immoral decisions, are in some way weak in relation to the traditional stronghold. With
regard to the Mexican Revolution these two factors are exceedingly