The Law of Politics
Government 357 J
Fall 2024
Required books and other materials:
Main Text
Election Law: Cases and Materials 7th Edition 2021 Daniel Hays Lowenstein and Richard L. Hasen, Daniel P. Tokaji (Carolina Academic Press) Earlier editions can be used . Using them will require students to read unedited cases that have been decided after that edition. Cases can be found on Soctus Blog and Oyez website
Supplementary Texts
Mollie Hemingway Rigged How the Media, Big Tech, and the Democrats Seized Our Election
The book has 19 5 star reviews on Barnes and Noble and 11 1 star reviews. On Amazon with 2834 global reviews it has 87% 5 star reviews
and 3% 2 stars or less. You will have an opportunity to judge for yourself. As best you can be sure to check her data and its sources.
By the way, is there a difference between a “Rigged” election and a “fraudulent ” election?
She had a previous best seller, Justice on Trial, which was about the Kavanaugh hearings.
(Available in paperback and on Kindle)
Movies to view during the course. This is also the order in which we will view and discuss them. Two will be covered on each of the the 3 exams.
1.Mr. Smith Goes To Washington(1939) with James Stewart and Greer Garson. Appointed to fill a vacancy in the U.S. Senate, a starry eyed, naive idealistic young man attempts to do something for the children of America in Washington. He soon learns the rules and that people inside the beltway are not what he had thought of or imagined. Though dated, one might ask what has changed since the movie was made?
2 All The Kings Men the main character who is a metaphor of a member of the the Long family that controlled Louisiana politics for years becomes Governor of Louisiana prior to WWII. He rose from virtually nothing to become a powerful force and demagogue in Louisiana politics in the 30’s and early 40’s. The “Longs” controlled Louisiana politics for a couple of decades.
3. All The President’s Men(1976) with Dustin Hoffman and Robert Redford. It is an adaptation of a book about the work of Bob Woodward and Carl Bernstein who, as young reporters for the Washington Post, tracked down and developed the stories about the break-in at Democratic Headquarters at the Watergate Hotel that eventually led to the resignation of President Nixon. Not sure journalists today would have what it takes to do what they did. The movie lost the Oscar for best Picture in 1976 to Rocky
4. Primary Colors (1998)with John Travolta as a Bill Clinton character and Emma Thompson as Hillary. Another supposedly fictional story that really is about Clinton’s first presidential campaign. While the names are changed to protect the writers from unpredictable Clinton wrath, you can figure out the characters and points of view if you know some early 90’s history. Billy Bob Thorton is the the Jame Carville character, noted Clinton consultant from Louisiana married to the former Republican consultant Mary Matalin. In May 2016 she switched to the libertarian party. She was a consultant to the H.W. Bush campaign.
5. Our Brand is Crisis(2015) Sandra Bullock and Billy Bob Thorton as American political consultants fighting each in a Bolivian election. Billy Bob also plays a James Carville type character in this movie. Can’t help but make comparisons with our elections and candidates. Very good until you get past the election outcome at which which time, like the end of The Campaign, you get 10 minutes of moralizing why the liberal side was better. I missed this movie the first time. A couple I have known for 19 years told me about it. I remember when they got started in political consulting in 2002 and they expanded from local to national consultants. They are now living in Budapest and mainly work elections in foreign countries/.They vouched for the accuracy of some of the themes.
6. The Campaign(2012) with Will Ferrell and Zack Galifianakis. This is a story about the evil Moch Brothers (meant to be parodies of the Koch Brothers when they were strong Republicans) trying to control a North Carolina congressional election between cool Will, the Democrat, and nerdy Zack, the Republican. R rated for sexual content, language and brief nudity. It is Hollywood’s appeal for overruling the infamous Citizens United v. FEC case, a case we will study in detail late in the semester. It has some very funny scenes and it contains some universal truths about politics, politicians and elections. I do not particularly like its attack on or parodies of Christians and Christianity in a couple of scenes. Since it is so directly about campaign speech and finance, I think it is worth watching. I also think it is a double edged sword for the values Hollywood thinks it is promoting.
All videos are available for free or a small cost on web. I suggest you watch with a group and share the cost. The most I have seen a video cost is $16 which can be shared down to 2-3$ per watcher.
then the group can discuss the pluses and minuses of the movie over beer or whatever.
Other Videos
On the class website videopage there are links to a number of videos relevant to the course. I have collected them over the years. Some are no longer available and I am in the process of deleting those as I review these videos. Some will be assigned before various classes and others are there for your edification.
How To Brief A Case
(Click on the above for a description of the case briefing process)
- Sample Brief I: Lucas v. Colorado Assembly
- Sample Brief: II Minor v. Happersett
Both of these cases will be covered in class during the semester. These briefs are a bit more extensive than you will need as part of your daily class preparation. You will need your briefs to prepare for the exams.
Class Project and Papers
1.First paper
3-4 page brief on an old or recent case on the subject of this course
Grading
Facts 20 points
Procedural History 4
Issues 8
Holding 6
Judgement 4
Reasoning/Arguments Majority, Concurrences, Dissents 46
Major Precedents – case names 4
Souree of law (statutes, Constitution) 4
Values 4
Total 100
Due around the 4th week of the semester. Case will be assigned by 2nd week
2. Second paper (tenative)
3-4 page paper. Due 2nd near last week of semester, just before Thanksgiving In the past everyone has done 6 hours of observation as a poll watcher during early voting at various locations in Travis County and then written a paper about it. If you are not registered to vote in Travis County, you cannot be a poll watcher. The alternate project will be some original empirical research about topics covered in this course such as why people do not vote, whether there is media bias, and how much money is being spent in particular campaigns around the country and its effect. If students who end up doing this alternate project want to create their own empirical research project, it is certainly possible.