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{{Government Lectures}}

{{Government Lectures}}

'''Ninth Lecture - Political Parties, and a Look at Famous Trials'''

'''Political Parties, and a Look at Famous Trials'''

== Introduction ==

== Introduction ==

Remember that politics is a team sport, and the biggest teams are the political parties: Republicans and Democrats.  There are third parties too, such as the Constitution Party, the Libertarian Party, the Green Party, and others.  But they seem to be losing strength as time goes by.

Remember that politics is a team sport, and the biggest teams are the political parties: Republicans and Democrats.  There are third parties too, such as the Constitution Party, the Libertarian Party, the Green Party, and others.  But they seem to be losing strength as time goes by.

The Republican and Democratic Parties are controlled by a small group of people who meet in what was once called the "smoke-filled room," which in the old days was a few powerful people smoking cigars who made all the important political decisions within each political party.  Then the orders go out to everyone else in the party to obey, or else lose support from the party for reelection.  Today most people do not smoke, but the political parties still are controlled by very few people.

The Republican and Democratic Parties are controlled by a small group of people who meet in what was once called the "smoke-filled room," which in the old days consisted of a few powerful men smoking cigars as they made all the important political decisions within each political party.  Then the orders go out to everyone else in the party to obey, or else lose support from the party for reelection.  Today most people do not smoke, but the political parties still are controlled by very few people.

At the top of the party structure is its national committee.  For the Republicans, it is the Republican National Committee, which raises enormous sums of money and otherwise sets direction for the party.  Its Chairman, Reince Priebus, can be seen frequently on television news programs stating the views of the Republican Party.

At the top of the party structure is its national committee.  For the Republicans, it is the Republican National Committee, which raises enormous sums of money and otherwise sets direction for the party.  Its Chairman, Reince Priebus, can be seen frequently on television news programs stating the views of the Republican Party.

Judges, courts and trials are not what most people think about when they hear the term "government", but courts and public trials may be as important in deciding the future of our nation.  Elected politicians like to avoid the difficult issues, leaving it to courts to decide what really matters.

Judges, courts and trials are not what most people think about when they hear the term "government", but courts and public trials may be as important in deciding the future of our nation.  Elected politicians like to avoid the difficult issues, leaving it to courts to decide what really matters.

The most important trials in Anglo-American history have been by juries, and they have decided many of the fundamental issues that we take for granted. In trials, there are rules of evidence that limit what can be said or claimed.  Most of what politicians says, and much of what is taught in public school, would not be considered reliable enough to present in a court of law at a trial.  Demagoguery is not allowed; neither is most types of "hearsay", which is repeating what someone heard somewhere else.  The basic rules of evidence have developed over hundreds of years to promote a truthful result.   

The most important trials in Anglo-American history have been by juries, and they have decided many of the fundamental issues that we take for granted. In trials, there are rules of evidence that limit what can be said or claimed.  Most of what politicians says, and much of what is taught in public school, would not be considered reliable enough to present in a court of law at a trial.  Demagoguery is not allowed; neither are most types of "hearsay", which is repeating what someone heard somewhere else.  The basic rules of evidence have developed over hundreds of years to promote a truthful result.   

The Salem Witch Trials, which are not on this list (but perhaps they should be), reached results considered to be unjust because witnesses were allowed to say in court that they had a dream or vision ("spectral evidence") convincing them that the defendant was guilty.  Today that would be prohibited by rules of evidence.

The Salem Witch Trials, which are not on this list (but perhaps they should be), reached results considered to be unjust because witnesses were allowed to say in court that they had a dream or vision ("spectral evidence") convincing them that the defendant was guilty.  Today that would be prohibited by rules of evidence.

<br>10.  President Bill Clinton (1999)

<br>10.  President Bill Clinton (1999)

How many of those jury trials can you describe?  For the impeachment trials (3, 4, and 10), the "jury" was the entire U.S. Senate.

How many of these jury trials can you describe?  For the impeachment trials (3, 4, and 10), the "jury" was the entire U.S. Senate.

Both Thomas Jefferson and John Adams felt strongly that jury trials were the best defense against government.  Thomas Jefferson considered “trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”  John Adams said it was a jury’s “duty ... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”

Both Thomas Jefferson and John Adams felt strongly that jury trials were the best defense against government.  Thomas Jefferson considered “trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”  John Adams said it was a jury’s “duty ... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”

Fifty years after the executions of Sacco and Vanzetti, in 1977, Massachusetts Democratic governor and future presidential candidate Michael Dukakis signed a resolution apologizing to them and establishing a day in honor of them.  However, he did not pardon them, and many remain convinced of their guilt.  Dukakis’ soft position on crime was a major reason for his defeat by the first President George Bush in 1988.

Fifty years after the executions of Sacco and Vanzetti, in 1977, Massachusetts Democratic governor and future presidential candidate Michael Dukakis signed a resolution apologizing to them and establishing a day in honor of them.  However, he did not pardon them, and many remain convinced of their guilt.  Dukakis’ soft position on crime was a major reason for his defeat by the first President George Bush in 1988.

'''7.'''  '''John Scopes''' was just a young teacher in Tennessee when he unwittingly became a test case for promoting evolution in American schools.  Tennessee had a law against teaching human evolution, and the American Civil Liberties Union (ACLU) wanted to overturn it.  It enlisted the top criminal attorney of the day, Clarence Darrow, to serve as Scopes attorney.  As crafty as the day is long, he arrived in Tennessee armed with his bag of tricks.

'''7.'''  '''John Scopes''' was merely a young public school teacher in Tennessee when he unwittingly became a test case for promoting evolution in American schools.  Tennessee had a law against teaching human evolution, and the American Civil Liberties Union (ACLU) wanted to overturn it.  It enlisted the top criminal attorney of the day, Clarence Darrow, to serve as Scopes attorney.  As crafty as the day is long, he arrived in Tennessee armed with his bag of tricks.

William Jennings Bryan, the former presidential candidate and Secretary of State, had oratorical skills second to none.  His “Cross of Gold” nomination acceptance speech in 1896 is considered one of the greatest political works in American history.  He united the Populist and Democratic Parties then and laid the foundation for the takeover by the Democratic Party of American politics 36 years later.

William Jennings Bryan, the former presidential candidate and Secretary of State, had oratorical skills second to none.  His “Cross of Gold” nomination acceptance speech in 1896 is considered one of the greatest political works in American history.  He united the Populist and Democratic Parties then and laid the foundation for the takeover by the Democratic Party of American politics 36 years later.

After witnessing the horrors of World War I, Bryan became convinced that the teaching of evolution was leading society to ruination through war.  “Survival of the fittest” provided an intellectual justification for the brutal killing of other nationalities and races.  Bryan foresaw the ethnic cleansing that grew to its horrible culmination in the Holocaust.

After witnessing the horrors of World War I, Bryan became convinced that the teaching of evolution was leading society to ruination through war.  “Survival of the fittest” provided an intellectual justification for the brutal killing of other nationalities and races.  Bryan foresaw the ethnic cleansing that grew to its horrible culmination in the Holocaust.

Bryan defended the Tennessee law and its application to Scopes, with its mere $100 fine as the penalty for teaching evolution.  Darrow agreed to take the witness stand in favor of teaching evolution if Bryan took the witness stand against it.  Bryan then testified and performed well.  So well, in fact, that Darrow reneged on his promise and forced Scopes to plead guilty to end the case.  With that the trial ended, and Tennessee’s law remained in effect for another half century.  To this day, Tennesee schools teach little evolution, and George W. Bush won the presidential election by carrying this home state of his opponent, Al Gore.

To avoid growth of the mistaken belief in “survival of the fittest” among humans, Bryan defended the Tennessee law and its application to Scopes, which imposed a $100 fine as the penalty for teaching that humans had evolved from apes.  Darrow agreed to take the witness stand to testify for teaching human evolution if Bryan also took the witness stand to allow Darrow to ask him questions.  Bryan testified first and performed well.  So well, in fact, that Darrow reneged on his promise and forced Scopes to plead guilty to end the case.  With that the trial ended, and Tennessee’s law remained in effect for another half century.  For nearly 100 more years Tennessee public schools taught little evolution, and George W. Bush won the presidential election in 2000 by carrying this home state of his opponent, Al Gore.

A famous liberal reporter at the trial, H.L. Mencken, published such one-sided articles that it would make today’s media blush.  He excoriated Bryan at every possible turn, trying to make him look foolish.  When Hollywood got into the act with a movie called “Inherit the Wind,” it imitated Mencken’s bias.  Misinformed, many think Scopes and the evolutionists won the trial, but conservative rule in Tennessee today reflects the true outcome.

But the media wrote the history about this trial.  A famous liberal reporter at the trial, H.L. Mencken, published extremely one-sided articles that would make today’s media blush.  He excoriated Bryan at every possible turn, trying to make him look foolish.  When Hollywood got into the act with a movie called “Inherit the Wind,” it imitated Mencken’s bias.  Misinformed, many think Scopes and the evolutionists won the trial, but the real result was the opposite.

'''8.'''  '''Colonel William “Billy” Mitchell''' dropped out of college in 1898 to serve in the Spanish-American War.  Afterwards, America stayed out of wars until 1917, when Mitchell was touring Europe as an observer.  By then he was considered too old to be trained on the new airplanes that were just being considered, but he learned to fly through private lessons of his own.  When the United States entered World War I, Mitchell was the first American to fly over enemy lines.  In 1918, he led a large bombing attack on St. Mihiel.

'''8.'''  '''Colonel William “Billy” Mitchell''' dropped out of college in 1898 to serve in the Spanish-American War.  Afterwards, America stayed out of wars until 1917, when Mitchell was touring Europe as an observer.  By then he was considered too old to be trained on the new airplanes that were just being considered, but he learned to fly through private lessons of his own.  When the United States entered World War I, Mitchell was the first American to fly over enemy lines.  In 1918, he led a large bombing attack on St. Mihiel on the western front in Europe. An account of the battle is available online.<ref>http://www.au.af.mil/au/awc/awcgate/ww1/stmihiel/stmihiel.htm</ref>

After the war he devoted his efforts to advocating greater use of aviation in the military, and criticizing those who resisted the change.  In 1921 and 1923 he bombed old American and captured German battleships to demonstrate how easily air power could sink them, which he did.  The embarrassed military brass sent him on a trip to Asia, but when Mitchell returned he predicted that Japan would ultimately attack us as it did at Pearl Harbor.

After the war he devoted his efforts to advocating greater use of aviation in the military, and criticizing those who resisted the change.  In 1921 and 1923 Mitchell demonstrated how easily air power could sink ships by bombing old battleships  and sinking them.  The embarrassed military brass sent him on a trip to Asia, but when Mitchell returned he predicted that Japan would ultimately attack us as it did at Pearl Harbor.

In September 1925 a military airship crashed and killed many on board.  Mitchell published a diatribe harshly criticizing his superiors, even accusing them of treason in ignoring the need for good military aviation.  He was swiftly brought before a military court, known as a court-martial, for insubordination.  He was tried for seven weeks.

In September 1925 a military airship crashed and killed many on board.  Mitchell published a diatribe harshly criticizing his superiors, even accusing them of treason in ignoring the need for good military aviation.  He was swiftly brought before a military court, known as a court-martial, for insubordination.  He was tried for seven weeks.

Military courts lack the protections guaranteed to civilians in ordinary courts.  The jury could not reach a unanimous verdict, which in a federal criminal case would prevent conviction.  One juror, widely thought to be the future General Douglas MacArthur, voted for acquittal.  But he was outvoted and Mitchell was convicted and sentenced to a humiliating loss of rank and pay.  President Coolidge intervened to restore half his pay, but Mitchell quit the military instead.

Military courts lack the protections guaranteed to civilians in ordinary courts.  The jury could not reach a unanimous verdict, which in a federal criminal case would prevent conviction.  One juror, widely thought to be the future General Douglas MacArthur, voted for acquittal.  But he was outvoted and Mitchell was convicted and sentenced to a humiliating loss of rank and pay.  President Calvin Coolidge intervened to restore half his pay, but Mitchell quit the military instead.

After Japan’s air power attacked and sunk our fleet at Pearl Harbor, Mitchell’s views were vindicated.  By then he had passed away, but the military restored his rank and President Truman honored him with a medal.

After Japan’s air power attacked and sunk our fleet at Pearl Harbor, Mitchell’s views were vindicated.  By then he had passed away, but the military restored his rank and President Truman honored him with a medal posthumously.

'''9.'''  '''Alger Hiss''' had denied he knew Whittaker Chambers, a former American communist who claimed that Hiss had been passing him State Department secrets for years.  Obscure Congressman Richard Nixon was convinced that Hiss was lying and questioned him when he appeared before the House Un-American Activities Committee during the Cold War in 1948.  Nixon intensely disliked Hiss, who came from the wealthy background of political connections that Nixon initially lacked.  Nixon’s pursuit of Hiss catapulted Nixon’s career on a path that would eventually land him in the White House.

'''9.'''  '''Alger Hiss''' had denied he knew Whittaker Chambers, a former American communist who claimed that Hiss had been passing him State Department secrets for years.  Obscure Congressman Richard Nixon was convinced that Hiss was lying and questioned him when he appeared before the House Un-American Activities Committee during the Cold War in 1948.  Nixon intensely disliked Hiss, who came from the wealthy background of political connections that Nixon initially lacked.  Nixon’s pursuit of Hiss catapulted Nixon’s career on a path that would eventually carry Nixon to become president.

Both Hiss and Chambers testified before the House Committee, contradicting each other.  One had to be lying.  When Chambers ultimately produced typed documents of State Department information and claimed they came from Hiss, a federal prosecutor in Manhattan indicted Hiss for perjury.

Both Hiss and Chambers testified before the House Committee, contradicting each other.  One had to be lying.  When Chambers ultimately produced typed documents of State Department information and claimed they came from Hiss, a federal prosecutor in Manhattan indicted Hiss for perjury.

But Hiss could afford the best attorney and had the most impressive array of character witnesses ever assembled.  It included two U. S. Supreme Court justices, a former Solicitor General, a former Democratic presidential candidate (John W. Davis) and a future one (Adlai Stevenson).  Hiss’ jury selection was also superb: the foreman proved to be sympathetic to the liberal and perhaps even communist movement in America.

But Hiss could afford the best attorney and had the most impressive array of character witnesses ever assembled.  It included two U. S. Supreme Court justices, a former Solicitor General, a former Democratic presidential candidate (John W. Davis) and a future one (Adlai Stevenson).  Hiss’ jury selection was also superb: the foreman proved to be sympathetic to the liberal and perhaps even communist movement in America.

Hiss did well on the witness stand in his defense, but his attorney probably erred in putting his wife on.  His defense counsel was scathing in his attack on the prosecution’s star witness, Chambers himself, who admitted that he worked for the communist cause in America.

Hiss did well on the witness stand in his defense, but his attorney probably erred in putting his wife on.  Hiss's attorney was blistering in his cross-examination of the prosecution’s star witness, Chambers himself, who admitted that he had worked for the communist cause in America.

The jury could not agree on a verdict, splitting with eight in favor of conviction and four against it.  Despite testimony that the unlawfully leaked documents were typed on Hiss’ typewriter, the four were not convinced beyond reasonable doubt.

The jury could not agree on a verdict, splitting with eight in favor of conviction and four against it.  Despite testimony that the unlawfully leaked documents were typed on Hiss’ typewriter, the four were not convinced beyond reasonable doubt.

As is typical, the government then brought the case for retrial.  Prosecutions do better the second time, learning from its mistakes.  The judge allowed a broader range of questioning.  New defense counsel was weaker, conceding that the leaked documents were typed by the typewriter found in Hiss’ possession, but disputing that he typed them.  Inexplicably, Supreme Court Justice Frankfurter did not testify for Hiss in the second case.

As is typical, the government then brought the case for retrial.  Prosecutions do better the second time, learning from its mistakes.  The judge allowed a broader range of questioning.  Hiss's new defense counsel was weaker, conceding that the leaked documents were typed by the typewriter found in Hiss’ possession, but disputing that he typed them.  Inexplicably, Supreme Court Justice Frankfurter did not testify for Hiss in the second trial.

The defense relied heavily on testimony by a expert witness who was a psychiatrist, who painted Chambers as a pathological liar.  But the prosecutor destroyed the witness in one of the most famous cross-examinations in American legal history.

The defense relied heavily on testimony by a expert witness who was a psychiatrist, who painted Chambers as a pathological liar.  But the prosecutor destroyed that expert witness in one of the most famous cross-examinations in American legal history. Excerpts from the trial transcript are available online.<ref>http://law2.umkc.edu/faculty/projects/ftrials/hiss/hisstrialtranscripts.html</ref>

Hiss maintained his innocence until he died, despite the eventual release of secret Soviet files apparently identifying him as a spy.  Perhaps Hiss felt he could not go back on his prior statements, or perhaps he remained true to communism in protecting the movement.  The case helped define American politics for forty years, propelling Nixon to the Vice Presidency in 1952, Barry Goldwater to the Republican nomination for president in 1964, Nixon to the White House in 1968, and ultimately Ronald Reagan to the White House in 1980, where he awarded Chambers a posthumous Medal of Freedom.

Hiss maintained his innocence until he died, despite the eventual release of secret Soviet files apparently identifying him as a spy.  Perhaps Hiss felt he could not go back on his prior statements, or perhaps he remained true to communism in protecting the movement.  The case helped define American politics for forty years, propelling Nixon to the Vice Presidency in 1952, Barry Goldwater to the Republican nomination for president in 1964, Nixon to the White House in 1968, and ultimately Ronald Reagan to the White House in 1980, where he awarded Chambers a posthumous Medal of Freedom.

'''10.'''  '''President Bill Clinton''' was riding his in the polls and ready to pick his successor for the White House by late 1998.  His leadership enabled the Democratic Party to do surprisingly well in the mid-term elections, and President Clinton was seeking to leave a lasting legacy.

'''10.'''  '''President Bill Clinton''' was riding high in the polls and was ready to pick his successor for the White House by late 1998.  His personal popularity and a strong economy enabled the Democratic Party to do surprisingly well in the mid-term elections, and President Clinton was seeking to leave a lasting legacy.

Then the House of Representatives impeached him for making false statements under oath, which is perjury, and trial was scheduled for the Senate in 1999.  First Lady Hillary Clinton accused her opponents of being part of a “vast right-wing conspiracy” against her husband.  The Democratic Senators all lined up behind President Clinton, promising to vote for acquittal.

Then the House of Representatives impeached him for making false statements under oath, which is perjury, and trial was scheduled for the U.S. Senate in 1999.  First Lady Hillary Clinton accused her opponents of being part of a “vast right-wing conspiracy” against her husband.  The Democratic Senators all lined up behind President Clinton, promising to vote for acquittal.

Republicans enjoyed a majority in the Senate but lacked votes anywhere close to the requisite 2/3rd majority to convict.  President Clinton was a lame-duck at that point anyway, and the real battle was over his ability to influence politics beyond his term.

Republicans enjoyed a majority in the Senate but lacked votes anywhere close to the requisite 2/3rd majority to convict.  President Clinton was a lame-duck at that point anyway, and the real battle was over his ability to influence politics beyond his term.

The managers of the impeachment presented their case, but the Senate prevented them from calling key witnesses such as Clinton’s closest aids.  The procedural rules hamstrung the trial and served to protect the president.  Without the presentation of the full case, President Clinton easily survived the final vote.

The managers of the impeachment presented their case, but the Senate prevented them from calling key witnesses such as Clinton’s closest aids.  The procedural rules hamstrung the trial and served to protect the president.  Without the presentation of the full case, President Clinton easily survived the final vote.

But the victory was Pyrrhic.  The Democratic presidential nominee in 2000, Al Gore, felt he had to distance himself from Clinton and that probably made the difference on Election Day.  For 5 or so years, Clinton had little success in campaigning for candidates, failing (for example) in trying to help Governor Gray Davis in California prevail in his recall election.  Hillary Clinton, pollsters choice to run in 2004, apparently felt it was too soon to make an attempt.  The political ramifications of the impeachment trial lasted for a decade.

But the victory was Pyrrhic.  The Democratic presidential nominee in 2000, Al Gore, felt he had to distance himself from Clinton and that probably made the difference on Election Day.  For 5 or so years, Clinton had little success in campaigning for candidates, failing (for example) in trying to help Governor Gray Davis in California prevail in his recall election.  Hillary Clinton, pollsters choice to run in 2004, apparently felt it was too soon to make an attempt.  When she did run for her party's nomination in 2008, she was defeated.  The political ramifications of the impeachment trial lasted for at least a decade.

== Homework ==

== Homework ==

For the homework, we will have a ten or fifteen-question quiz '''''on only this lecture''''', which I will send by email in a day or two.

For the homework, we will have a ten or fifteen-question quiz '''''on only this lecture''''', which I will send by email in a day or two.

[[Category:American Government lectures]]

[[Category:American Government lectures]]

{{DEFAULTSORT:American Government Lecture 09}}

{{DEFAULTSORT:American Government Lecture 09}}