Total Impartiality for Judge Regardless of Background Discussion This is a graded assignment so be certain to include substantive comments that are clear,

Total Impartiality for Judge Regardless of Background Discussion This is a graded assignment so be certain to include substantive comments that are clear, concise, and contribute to the discussion.  Your remarks should not be mere expressions of your opinion, but instead informed commentary based on the knowledge you have gained from your textbooks, class lessons, or other reference material.  You will need to conduct some outside research to be able to provide substantive comments.
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This forum’s topic:
Is total impartiality, regardless of a judge’s race, gender, or background, an achievable goal?  Are judges capable of putting aside their identities to decide cases? More important, should they? Political Science 1
Behavioral Aspects of Legislatures
Lesson goals: To understand the informal “rules of the game” and behavioral roles which
influence both individual legislators and the legislatures in which they serve.
1. Introduction
All legislative bodies operate under formal structures and rules. This includes our national
legislature comprised of the U.S. Senate and House of Representatives, state legislatures (our
own California State Senate and Assembly, for example), regional governments like the Los
Angeles County Board of Supervisors, City Councils, and so on.
Formal rules include guidelines for parliamentary procedures, most often the widely utilized
“Robert’s Rules of Order”, a classic manual first published in 1876 as a guide to fairly conduct
meetings, encourage participation, and aid decision making. These are supplemented with other
procedures, bylaws, and rules customized for a specific legislative body by its own members.
Your AMGOV text (page 310), for example, describes the discharge petition utilized by the
House of Representatives to free legislation from a committee and the U.S. Senate’s filibuster
rules which can prevent bills from being brought to a vote.
Legislatures have also organized themselves into formal governing structures. These are, in
general, essentially similar with various legislative officials providing leadership, the
organization of a committee system to consider proposed bills, and the establishment of the
formal steps that bills must travel to become law. The leadership positions possessing power in
Congress are described on pages 306-310 in our AMGOV textbook and the Committee system is
depicted on pages 302-306. Although the titles and number of legislative officials and
committees will vary, most legislatures are organized with similar governing structures.
Likewise, descriptions of how a bill becomes law in various legislatures are very much
alike. This formal path for Congressional bills is diagrammed on page 313 in the AMGOV text
and the California procedure is illustrated on pages 68 and 69 in our California Government
text. The pathway for bills to become law was even entertainingly addressed by the popular
Schoolhouse Rocks television show decades ago via the now well-known “How a Bill Becomes
Law” video. Aimed at educating elementary school children, this short film and accompanying
song are very familiar to many people. If you have not viewed this fun video, you can click here
to watch it via YouTube. The Schoolhouse Rocks description is, of course, oversimplified. To
gain a more sophisticated, college-level knowledge about the formal path of legislation, please
review the following three resources:
A series of nine short videos presented by the Library of Congress entitled “The
Legislative Process”: click here
For a descriptive pathway illustration of “How Our Laws Are Made” use this link.
These legal, formal factors guiding legislative actions are important institutional aspects that
create opportunities and define limits. However, they describe only part of the substance and
process of policy decisions. Informal “rules of the game” are equally significant in influencing
legislative outcomes. Informal “behavioral roles” are also critical.
2. Jesse “Big Daddy” Unruh attends the School of Hard Knocks
The Speaker of the Assembly is acknowledged as the second most powerful position in
California, with first place being accorded to the governorship. Historically, Jesse Unruh is
recognized as the most powerful Speaker, even though decades have passed since his heyday in
the 1960s. His “Big Daddy” nickname was attributed in part to his appetite for
power. Generally acknowledged as a smart, collaborative leader with a bipartisan bent, Unruh
was well familiar with the formal rules guiding the California Assembly. In fact, by virtue of his
position as Speaker, he was in charge of ensuring that the formal procedures were followed by
the assembly members. In Lou Cannon’s Ronnie and Jesse: A Political Odyssey, Unruh’s
downfall from power is described. His debacle (known as the Lockup) was not caused by
utilizing the formal powers granted to him by the members of the Assembly, but by failing to
abide by informal rules present in every legislature… rules not written down but equally as
important to observe as the formal variety. These informal rules proved to be a turning point in
Unruh’s political life.
The Lockup (Click here)
3. Informal Rules
Informal rules are not standards officially adopted by a legislative body nor recorded as
governing guidelines of procedure or behavior by a legislature. Nonetheless, every legislator
becomes aware of these unofficial expectations and follows these dictums as though they are
enacted rules. Political scientists have undertaken to identify these “rules of the game,” as well as
the sanctions for enforcing them. Thousands of interviews with state legislators have been
conducted to solicit their descriptions of the unwritten, informal rules which must be learned and
observed to succeed in the legislative arena. The responses have been categorized into the
following “rules of the game”:
A. Those which promote group cohesion and solidarity in the legislative body. Some
commonly mentioned rules in this category: giving support to another’s bill and
refraining from personal attack.
B. Those which promote predictability of behavior within the system. For example,
keeping one’s word to another legislator is viewed as a stringent rule. If support is
promised on a proposal, such a pledge should be honored. If this proves impossible, then
the reasons should be personally explained well ahead of any needed vote.
C. Those which channel and put limits on conflict. Many legislators mention the
importance of being willing to compromise. In fact, a very common political maxim is
that “Compromise is the art (or heart) of politics.” Another rule in this category is
respect for the seniority system in committee assignments.
D. Those which expedite legislative business. Some examples: requiring punctuality
and regular attendance. Also very commonly cited is the need to exercise restraint in
debate as there is no need to testify on every bill or repeat what others have said.
E. Those serving to primarily give tactical advantage to the individual
member. Courtesy and gracefulness in defeat are responses that fit into this category.
F. Those cited as desirable personal qualities. For example, intelligence and personal
integrity are referenced by legislators.
Which of the above categories did former California Assembly Speaker Jesse Unruh fail to
observe during the Lockup incident he created? His eventual fall from power was precipitated
by his violations of these unwritten standards and the bad publicity which ensued… a very harsh
repercussion. Wondering if there are less-dramatic consequences for not observing these
unwritten, unofficial rules? Research has revealed that sanctions are imposed by legislators to
enforce informal rules. See the link below to learn about the consequences faced by rulebreakers in four states. As you will read, the success of a bill could be uncertain if the sponsoring
legislator is not observing informal rules.
Sanctions for enforcing “rules of the game”
4. Behavioral roles
Role-playing also influences legislative actions. The importance of formal leadership roles, as
described in your textbooks, has already been cited. Likewise, informal roles are influential.
Political research studies have revealed several different categories of informal roles which are
consequential in legislatures:
A. Legislators’ expectations of what their roles should be as a decision maker:
1. Ritualist. The Ritualist tends to be preoccupied with parliamentary rules and
procedures. They see the job through the mechanics of legislative operations and
become expert in legislative maneuvering, the bureaucratic maze, and the mastery
of the legislative work-flow chart. Every legislative body has some Ritualists and
their role is essential to the functioning of the legislature, but their numbers are
usually few.
2. Tribune. These legislators perceive their role as a discoverer and advocate of
popular demands. They are principally concerned with knowing the needs, hopes,
feelings and desires of the people and being their spokesperson.
3. Inventor. The Inventors perceive themselves as initiators and creators of
public policy. They focus attention on the creative aspects of the job and possess
a self-image of the farsighted legislator of vision and imagination. They believe
legislators should be “in front of things”.
4. Broker. These legislators see themselves as referees in the struggle between
interest groups, constituencies, and bureaucracies. The Broker’s job is to
compromise and arbitrate the demands of conflicting interests.
B. Representational roles. Another way of characterizing roles is to discover a
legislator’s orientation toward his/her constituency. Three of the following four
roles listed below are also described in your AMGOV textbook on page 295.
1. Trustee. This is the representational role most often adopted by
legislators. Trustees are guided in legislative affairs by personal judgment and
conscience. Their orientation toward their constituents could be characterized as
“the voters trust me to intelligently use my knowledge and experience to make the
right decisions.” This model was first espoused by British political theorist
Edmund Burke (1729-1797) who served in Parliament as a representative of
Bristol, England. Explaining his conception of representation, Burke emphasized
to his constituents that a Member of Parliament “is not a member of Bristol, he is
a Member of Parliament.” He argued that a Member of Parliament should follow
his conscience when making decisions in the legislature: “Your representative
owes you, not his industry only, but his judgment; and he betrays, instead of
serving you, if he sacrifices to your opinion.”
2. Delegate. Delegates are guided by the instructions and wishes of their
constituents. This representational role holds that a legislator should vote in
keeping with the constituents’ views, even if those opinions contradict the
legislator’s personal values. This model conceives of legislators as the agents of
their constituents. This can be problematic with a constituency divided on policy
questions and when no clear consensus is certain. This role may require the
legislator to place personal judgment aside when it conflicts with constituent
opinion.
3. Partisan. Legislators in this category have a tenuous orientation toward their
constituency, as Partisans look to political party leadership for
guidance. Partisans use the policies of their political parties to guide their votes
and are loyal to legislative leaders in their respective parties. This may present a
dilemma when a Partisan is pressured by his/her political party leadership to vote
for a policy that clashes with constituents’ interests or the legislator’s own
conscience.
4. Politico. These legislators claim to follow first one, then another role,
depending on the circumstances. Sometimes the trustee role dominates; other
instances may find the delegate role prominent or, perhaps, the partisan approach.
Politicos often act as a delegate on issues that constituents care about (such as
immigration reform) and as a trustee on more complex or less salient issues (some
foreign policy or regulatory issues).
C. Adaption to legislative life. Dr. James Barber, famed for his personality approach to
presidential character (discussed in a previous lesson), interviewed state legislators to
discover their personal needs and political adaptations to political life. Barber
categorized their adaptations into four roles:
1. Spectators. These legislators tend to be passive as lawmakers but enjoy the
legislative show. They want to continue to serve because they have been attracted
by the prestige of holding office, perhaps compensating for feelings of social
inferiority. Spectators have adapted to the limelight of public life, but are not
interested in policy matters.
2. Advertisers. They are active lawmakers, but are unwilling to return as they are
out to become known, usually for business purposes. They exhibit occupational
insecurity and marked inner conflicts. Advertisers will become engaged in policy
matters because constructing a solid reputation is their goal, but are not interested
in continued service.
3. Reluctants. Reluctants are legislators under protest, performing a civic duty
for their small-town neighbors. They experience difficulty in adapting to the
strange, fast-moving situation comprising political life.
4. Lawmakers. These legislators are active and committed to extended legislative
service. Lawmakers concentrate on substantive matters, being freed for this by
personal strength and powerful adjustive techniques.
5. Conclusion
No legislator can play solely one role all of the time, but each gravitates toward one or the other
role in each of these categories. These roles and the informal rules explain much of what really
happens at legislative sessions. Combining the formal rules/roles with the informal rules/roles
goes a long way toward presenting a realistic picture of the members of legislatures. This
combined approach also leads to a more practical understanding of the path of legislation.
Understanding Political Speech
Lesson goals: To understand speech made by candidates and elected officials.
Political Science textbooks perform commendably in providing a wealth of information about
campaigns and candidates. But, except for some paragraphs devoted to presidential campaign
debates, most texts do not include any guidance to understanding speeches made by
politicians. Yet, the American public is inundated with political rhetoric uttered by candidates
and elected officials on a daily basis. This lesson will provide a primer to understanding and
interpreting political speech.
1. “Give ‘em hell, Harry”
Our 33 president, Harry S. Truman, was admired as a man of his word and could be counted on
to tell an audience what was on his mind. He was frequently frank and blunt in his outspoken
comments. The author Merle Miller penned a very popular best-seller about President Truman
entitled Plain Speaking, and this title is a very apt summary of Truman’s reputation as a
straightforward orator. Truman’s words were never fancy or vague and he could be counted on
to tell you what he was up to in a very direct manner. Upon entering a hall to make a speech,
Truman would often be encouraged by some attendees to “Give ‘em hell, Harry.” Much of the
public was entertained by his clear, unequivocal commentary and appreciated such a plaintalking president.
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2. Implications
One could certainly wonder what is implied by the popularity of such a plain-speaking
politician. Some might surmise that the American public wants politicians who are clear and
committed in speech and deed. That the simple truth is the public seeks clarity of purpose, word,
and vision: we all want to be inspired, educated, and persuaded by unmistakable truths which are
well-articulated. Many observers would claim that this is not complicated; it is simple and
obvious… Americans want leaders who are not afraid to “tell it like it is.”
The great 19 century American poet Walt Whitman perhaps shared the same perspective
regarding the powers of plain speech:
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“O the orator’s joys!
To inflate the chest, to roll the thunder of the voice out from the ribs and throat,
To make the people rage, weep, hate, desire, with
yourself,
To lead America – to quell America with a great
tongue.”
Whitman perhaps expressed our desire for persuasive political speech. And, today, some might
say we ask no less: we want leaders who plainly tell it like it is and motivate us to accomplish
great things.
In fact, when political speech is analyzed it is often evaluated from the context of “great
speeches.” Abraham Lincoln’s “Gettysburg Address”, John F. Kennedy’s “Ask not what your
country can do for you…” inaugural, and Dr. Martin Luther King’s “I have a dream” exhortation
are just a few of the much admired, inspirational examples of rightfully labeled great speeches.
The reality, surprisingly, is that such plain, persuasive speech is rarely sought by an audience and
only infrequently corresponds with the speakers’ needs. Most commonly, a “great speech” is
one that appropriately and articulately corresponds to the needs of audience and the person
delivering the address.
3. Reality
The reality of political speech is founded on two sets of needs: the audience’s and the speaker’s.
A. Audience needs. These are the public’s needs, yours and mine. We require not necessarily
an inspirational orator but instead a speaker that will fulfill the role of either the “spellbinder, the
sermonizer, or speechifier.”
1. Spellbinder
Many audiences want to be entertained by a speechmaker, preferably a celebrity or
someone in the public eye… and political dignitaries are much in demand to fulfill this
spellbinder role. This audience wants to have a good time, not to be challenged but
instead amused, to be diverted rather than directed.
Peggy Noonan, the top speechwriter for President Ronald Reagan, stated “a speech is
poetry: cadence, rhythm, imagery, sweep! A speech reminds us that words, like children,
have the power to dance the dullest beanbag of a heart.” Poetry, rhythm, and dance are
entertainment all and speeches containing such diversions are sometimes exactly what are
sought by an audience.
Audiences desiring a spellbinder would find their needs unmet if confronted with a
speaker seeking to inspire them to take immediate action, to actively pursue some public
interest, or advocate a cause. The audience seeking a spellbinder wants to be diverted
and amused, not directed, even if it is just for this temporary occasion.
2. Sermonizer
In other instances, the public may have a need for what may be labeled as a
sermonizer. In a sense, this audience is seeking the qualities that are attributed to a good
preacher. The audience wishes confirmation and reassurance (although, for this
discussion, not in a religious context). The attendees have no need to be persuaded
because they are already joined together in a common cause. Similar to a religious leader,
political sermonizers draw their crowds exclusively or primarily from those already
convinced, not those seeking conversion. The political sermonizer satisfies the human
need to rally with like-minded associates.
This desire for a sermonizer is not unusual. For example, nearing the final weeks of a
long presidential campaign, local party leaders may organize a big rally for volunteers
and paid staff. This is intended to re-energize campaign supporters when most needed to
get out the vote, to work hard to the end. An appropriate speaker could be the candidate
or other party bigwig, someone who shares the same values and goals as the
audience. The gathering is not intended to persuade or convince those on the other side
to support the office-seeker. (Although an unintended benefit could be that undecided
voters may be attracted by the enthusiasm and camaraderie of participants.) The event is
organized to sustain already-convinced followers, to confirm the election efforts
undertaken, and provide tired workers with reassurance that they are not alone but instead
part of a unified team.
3. Speechifier
The rituals of American life call for speech, for ceremonial commentary to mark passage
and lend dignity. Ceremonial speech is very common and often celebratory. For
example, graduations and weddings always include a speech or two to commemorate
these milestones in people’s’ lives. Construction project r…
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