Government Review

 Maintenance of a NationAnalysis of American Government By Bradley Frey   PART ONE: Problem Definition [Book Report] “Reefer Madness” Eric Schlosser’s expose published in 2004 titled Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market reveals details of the American marijuana, immigrant labor and pornography black markets. The government’s crusade to eliminate marijuana and pornography has actually caused these industries to flourish. Although the court system has been ardent to eliminate marijuana and pornography, it has proven to be disproportionately neglectful of other issues including the migrant labor black market. The war against marijuana and pornography has been based largely on morality; while migrant labor has been overlooked in the interest of encouraging capitalism. A black market undermines government regulations involving the illegal exchange of a service or product. This clandestine underground trade occurs in order to avoid penalties and taxes on this illicit income (Wikipedia). The three major periods of American black market activity discussed by Schlosser are the prohibition period from 1920 to 1933. During the prohibition period, alcohol was sold underground. World War II encouraged black markets by enforcing price control and rationing (Schlosser 5). The second period that Schlosser discussed was the 1960’s to 1970’s. The black market grew during this time period because of strict legislation and anti-government views (6). The third black market mentioned in Reefer Madness was the 1990’s, which was a period during which the American economy and black markets were particularly strong (4).  Reefer Madness provided clarity on the marijuana black market and illustrated opposing viewpoints. Throughout the first section, Schlosser demonstrated that marijuana convictions have been disproportionate in relation to crimes of greater moral depravity. Schlosser emphasizes this point by asking, “How does a society come to punish a man more harshly for selling marijuana than for killing someone with a gun?” (Schlosser 15) Inconclusive research and statistics have shown very different views on the pros and cons of marijuana use. Not only has research been inconsistent, the legal history has also contradictory and unpredictable. Although much research has shown that the risks associated with marijuana are marginal, especially compared to other drugs with serious consequences of use, laws regarding marijuana are incongruous with this research. This is partly due to the fact that views on marijuana use have fluctuated over time.  Eric Schlosser uses the marijuana black market in the U.S. to explain that the government sometimes impetuously embarks on prosecuting certain behaviors with little justification. Considering that many laws regarding marijuana were made before conclusive and reliable research was published, these laws are unjustifiable. The government was influenced by unwarranted speculation rather than objectively negotiating facts regarding the issue.   “Reefer Madness”             Attitudes and regulation of marijuana varies in the United States. However, some areas of the country have a more concentrated population of similar viewpoints than others. Not only do attitudes vary among generations, but these views have also progressed and regressed over time. Many people think that marijuana has medicinal value. Dr. Lester Grinspoon of Harvard Medical School believes “marijuana will someday be hailed as a ‘miracle drug,’ one that is safe, inexpensive and versatile” (qtd. in Schlosser 16). This viewpoint is shared by many people, including Great Britain’s House of Lords as well as the National Academy of Science (17). Considering the current conservative dominated state of marijuana litigation, it is surprising that the first law in the United States regarding marijuana required that every household in the state of Virginia to grow marijuana in 1619. Nearly three hundred years later, El Paso prohibited marijuana and twenty-nine states followed suit shortly after. By 1937, Congress illegalized marijuana through the Marijuana Tax Act. During this time, most Americans viewed this as an appropriate legal action (19-20). As stated earlier, this legislation was premature since it was not based on research. Seven years after the Marijuana Tax Act, a report from the New York Academy of Medicine established that marijuana does not promote violence, insanity or addiction (21).              These attitudes toward marijuana continued until the 1960’s when marijuana use began to increase among certain demographic groups. Not only did public opinion shift, but the legal system also experienced change. Penalties began to decrease for possession of marijuana. The relaxing of punishment is largely due to the Comprehensive Drug Abuse Prevention and Control Act, which established that marijuana is not a narcotic (Schlosser 22). Progress toward decriminalizing marijuana continued to the early 1970’s as states slowly began to revoke their anti-marijuana laws. In addition, many organizations including the American Bar Association, the American Medical Association, the National Council of Churches, and the National Commission on Marijuana and Drug Abuse encouraged decriminalization of marijuana (23).             At the beginning of the 1980’s, decriminalizing marijuana lost its momentum as views shifted once again. However, the focus shifted from understanding marijuana from a medical standpoint to understanding it from a moral standpoint. Studies at this time suggested that marijuana strongly correlated with “the young-adult generation’s involvement in anti-military, anti-nuclear power, anti-big business, anti-authority demonstrations” (Schlosser 23). In just a few years marijuana went from nearly being decriminalized to being regarded as “the most dangerous drug in America” (qtd. in Schlosser). Once again penalties for marijuana possession rose to meet the current administration’s agenda through the Comprehensive Crime Control Act of 1984 and the Anti-Drug Abuse Act of 1986 (25). Another major legislation was the Sentencing Reform Act of 1984, which standardized sentencing for federal crimes and mandatory sentences for drug offenses (44). These few years were a major turning point for the marijuana black market.  The trends of the war against drugs continued into the late 1990’s. As penalties became harsher, marijuana use also increased. In 1998, the Drug-Free Workplace Act allowed employee drug testing. This proved to be a coup for pharmaceutical companies as it now provides them revenues of 740 million dollars per year (51). With that in mind, it would be remiss to assume that the war on drugs is not also an attempt to gain revenue. Naturally, this Act does not apply to members of Congress. Punishment and leniency for marijuana crimes varies in each state according to income level and social status. Families Against Mandatory Minimums was organized to prevent over-sentencing marijuana offenders. As 2001 approached, Canada and many European countries paved the way toward legalization of marijuana. Research from Great Britain’s medical journal Lancet stated, “Moderate indulgence in cannabis has little ill effect on health” (qtd. in Schlosser 70).  To date, statistics will generally confirm that marijuana is one of the most widely accepted drugs available. The Drug Enforcement Administration (DEA) has been indecisive on its standpoint on marijuana, but has a great deal of influence on drug policies. The Drug Enforcement Administration executes searches for marijuana, arrests drug dealers and monitors access to drugs.  It serves as an advisor to Congress regarding drug regulation. In the late 1970’s, it considered decriminalizing marijuana, but quickly changed its view. Mark Young was arrested in 1991 for involvement in the sale of marijuana. For his previous drug convictions regarding prescription medications he received only a one-dollar fine. However, for involvement with marijuana, he received a life sentence conviction. To say that this decision was irrational would be an enormous understatement. In reference to similar court decisions, Schlosser states, “A society that can punish a marijuana offender more severely than a murderer is caught in the grip of a deep psychosis” (Schlosser 74). His sentence was eventually reduced to nearly thirteen years without parole. Many criminals that have committed much more morally base crimes and have served much lighter sentences.             Until more conclusive research has been conducted, marijuana should be legalized until there is substantial, unquestionable proof that it is a significant health concern. I would concede that marijuana is a drug on the same level that alcohol, caffeine and tobacco are drugs. It should be regulated, taxed and legalized by the government. More research will probably show that marijuana’s associated health risks are not a great concern. If it is decided that there is a health risk, citizens should have the liberty to decide for themselves whether or not it is worth the risk. Although one of the government’s roles is to protect its people, part of that responsibility must be assumed by the people.  “In the Strawberry Fields”             Exploitation of migrant workers is particularly common among strawberry growers. Strawberries are a very difficult crop to grow that relies heavily on cheap labor. Since illegal immigrants are willing to work for low wages, many farmers take advantage of this and depend upon cheap labor (Schlosser 78). In the Strawberry Fields claims, “Strawberry pickers are not only the poorest migrants but also the ones most likely to be illegal immigrants” (80). In order cut costs and increase profits, many growers employ illegal immigrants. This occurs frequently since labor laws are often overlooked. There are several advantages to employing illegal immigrants. These advantages include be able to avoid paying Social Security, unemployment, and Medicare taxes in addition to avoid offering benefits.  Another labor market strategy is sharecropping, which allows the grower to transfer legal and financial responsibilities to another person while still controlling profit. In exchange for assuming these risks, the sharecropper is often offered half the profits.  However, the California Supreme Court ruled that growers are not allowed to use this technique (96). More often than not, sharecroppers accumulate a great deal of debt as the growers are able to maintain their profits. Growers are able to do this because they collect payments from sharecroppers in addition to writing off any debt that may have incurred (86). The Immigration and Naturalization Service allows workers to migrate temporarily for harvesting, but quickly deports them to prevent permanent settling and reduce cost to the state (96). The President’s Commission on Migratory Labor stated that migrant workers resulted in work displacement and wage decreases for natural citizens in 1951 (Schlosser 99). The Immigration Reform and Control Act of 1986 announced that employers would have to pay penalties for employing illegal immigrants (99). However, this Act was counterproductive since it actually encouraged illegal immigration because it would lead to a shortage of workers. In addition, Congress allowed illegal immigrants to work according to provisions made in the Special Agricultural Worker (SAW) Program. This program created a significant oversupply of workers, which caused wages to fall even lower. Programs such as SAW have been reviewed by Sidney Weintraub and Stanley R. Ross as “A euphemism for indentured labor” (103).             The majority of the cost of illegal immigration is being assumed by American citizens. Although cheap labor keeps prices of goods down, people are paying in other ways. This might include paying taxes for migrant healthcare, a loss of tax revenue since these employees are paid under-the-table, and it is causing wages to decrease. It is unfortunate that these workers often live in poverty, but even more unfortunate is the fact that many more natural born citizens are forced to live in poverty as they are replaced by immigrants who are willing to work for less. Schlosser’s analysis eloquently states, “What has been forgotten, or ignored, is that the market rewards only efficiency. Every other human value gets in its way. The market will drive wages down like water” (108).  Schlosser includes migrant farm workers in his description of America’s underground economy as a very relevant example to demonstrate how this black market has an enormous influence on current market conditions.             The role of federal, state and local governments in policing migrant and illegal immigration has evolved over time. Ideally, the role of each segment of government should be to protect the rights of workers to prevent mistreatment, unfair wages, and inappropriate working conditions. This has not always been the case, but efforts have been made in the past few decades to monitor working conditions. In the interest of protecting the economy, the government has neglected labor issues. The California Supreme Court required growers to follow workers’ compensation laws in order to control migrant immigration (Schlosser 85). The federal government made an effort to control immigration laws by passing the Immigration Reform and Control Act of 1986. Although it was unsuccessful to lower illegal immigration, it helped to maintain agriculture production sustainability and profitability. The Immigration and Reform Control Act developed mild penalties for employers of illegal immigrants (99). “Rather than shrinking the farm-labor force, the IRCA guaranteed an oversupply of workers” (Schlosser 99). As a result of creating an oversupply of workers, the government promoted the continuation of low income employees. On a local level, organizations have been established that have “[successfully influenced employers] to raise wages, offer benefits and improve working conditions” of migrants (89). One example of this is the United Farm Workers organization.                There are various possible consequences of totally eliminating illegal immigrants from agriculture production. These may include a possible shortage of farm workers, lower profit margins for growers, and forced mechanization for harvesting crops. Eliminating illegal immigrants would create shortage of farm workers. This shortage would force employers to pay a fair wage to employees in order to find employees, which would increase labor costs. The increase of labor costs and mechanization of farms would result in lower profits for growers. As a result, consumers would have to pay a higher price for produce in order to compensate for these costs. Although the consequences would be uncomfortable, they are unquestionably necessary in order for a sustainable economy.  “An Empire of the Obscene”             The pornography market has been at the forefront of political and moral debate and views continue to change. Schlosser argues that pornography is “quintessentially American…the heady mix of sex and money…fortunes quickly made and lost…the public condemnations so often linked to a private obsession” (113). Public policy regarding pornography has been as inconsistent and hypocritical. The United States Supreme Court has been unable to determine exactly what obscenity means (114). This has been a challenge for the Supreme Court because views and definitions of obscenity have been influenced by political and religious ideals. As a result, views on obscenity change with each generation and political administration.             Reuben Sturman was a major influence in the crusade against pornography. He was major distributor of pornography throughout the world and his elusiveness made prosecution very difficult for the government (112-113). Another staple of the pornography industry is Hugh Hefner, publisher of Playboy magazine. Both of these entrepreneurs experienced rapid success despite anti-obscenity policies. In the 1920’s, “stag nights” allowed groups of men to watch pornographic films at certain social organizations. This was overlooked as long as women and children were not exposed. (126-127). By 1987, the Racketeer Influenced and Corrupt Organizations Act allowed the government to prosecute obscenity violations (162). Once again, the government’s efforts were counterproductive as this act resulted in pornography becoming more mainstream than ever (167). President Reagan vehemently campaigned against pornography. While numerous people involved in pornography were convicted, this lead to an increase in pornography sales (113). Hotels and cable companies began to promote the sale of pornography. Schlosser describes the evolution of the industry by saying, “Unlike murder, whose legal definition doesn’t change significantly with each new generation, the crime of obscenity has always reflected the values of the government leveling the charge” (119). Eric Schlosser used pornography in order to expose the high level of hypocrisy and repression in American culture regarding obscenity. Attitudes and regulation are as mixed as they have ever been, but pornography continues to evolve to become more widely accepted. Legislation seems to match the predominant views of society with each decade. In the 1920’s, pornography was considered acceptable if women and children were not exposed. In 1969, it was legal to own pornography. When the 1980’s approached, Attorney General Edwin Meese launched a campaign to eliminate pornography. In his commission’s Final Report, Meese advocated anti-obscenity laws. He claimed that “pornography degraded women and encouraged violence against them” (111-112). However, there was no evidence to support these claims. Nevertheless, the Racketeer Influenced and Corrupt Organizations (RICO) Act proceeded on its course to eliminate obscenity from American culture (162). Under the Nixon administration, the Supreme Court “denied that consenting adults had a right to see whatever they pleased or any right to privacy which might allow the sale of obscene material” (Schlosser 136). According to Chief Justice Burger’s new definition of obscenity, material without “serious literary, artistic, political or scientific value” was considered obscene (qtd. in 137). The Federal Bureau of Investigation (FBI) plays the role of monitoring criminal behavior. It is probably the most important government bureau as far as research, capture and capture of illegal activity. The FBI played an indispensable role in the capture of Reuben Sturman. Without the FBI, prosecuting Sturman would not have occurred. Although I disagree with the government’s motivation for pursuing Sturman because it violated the principle of freedom, I think that the punishment was justified. Conversely, I don’t think that his punishment would have been as harsh if he were an Enron executive charged with tax evasion. The Sturman case is an example of how our government selects the battles it wishes to pursue and implements harsher punishments for certain people.             As a form of press, pornography is protected by the First Amendment. It is clearly stated that “Congress is not to make any law establishing a religion or abridging the freedom of speech, press, assembly, or the right to petition freedoms” (Hubbell 36). The fact that legislation has passed and will continue to pass that not only reinforces a religious structure in the United States government, but also criminalizes alternative forms of press and opinion has essentially nullified the constitution. Although our country was based on a general concept of freedom, it is no longer a privilege nor is it a right. Freedom implies that there is an absence of control, and that includes governmental influence. Freedom is an idealistic fallacy. In order to protect the majority, legislation eliminates the rights of the minority. The freedom of all citizens cannot exist simultaneously in a self-centered, capitalist society such as the United States. The oppression and stifling of alternative groups and minorities is not necessary in order to protect the freedom of the majority. As Joseph Campbell says, “Follow your bliss.” I think this should be a basic right and privilege, although this is not demonstrated by the government today. As long as an individual does not inflict any harm, people should be free to do whatever they choose.             It is rational for Madison to state that justice is “the end of a civil society” and “anarchy may truly be said to reign as in a state of nature.” There is no justice in anarchy and there is no justice without government. With that in mind, it would be inconsistent to assume that anarchy and justice could coexist in any society. However, in a society where there is government and injustice there is anarchy. Based upon that evaluation, the United States could be considered to be in an anarchical state more than it is in a state of justice. The presence of justice becomes increasingly questionable. The weak in this country are neglected, many of the innocent are prosecuted, the country is in a state of economic and political disrepair with little hope for restoration, and poverty increases. Although the United States has a justice system, it cannot realistically be considered a truly just society.                   Immigration reform is an issue that should be solved by legislation. Illegal immigration has a devastating effect on the United States economy. This problem creates an economical and social cost much more than Americans can afford. The economic burden weighs much heavier on legal citizens than it does illegal immigrants or the government. Inattention to the effects of this issue promotes poverty among legal citizens and illegal. The money that taxpayers contribute to the government should be returned to legal citizens rather than supporting illegal aliens. In addition, the jobs of many U.S. employees are being taken by illegal immigrants that provide cheap labor. As a result, illegal immigration deflates wages. For this bill, I am proposing that minimum wage should be increased and indexed for legal citizens.  

            The marijuana, pornography and immigrant labor black markets and the economy mutually affect one another. The government has tried to control these industries, but harsher legislation has often resulted in a backlash. Underground trade seems to see greater growth during times of harsher legislation. Views on marijuana and pornography have always varied, but these industries have become widely accepted. The government’s legislation has been greatly influenced by one political generation’s agenda to the next. Arguing the issues of marijuana and pornography on the basis of morality has resulted in the inability of the government to regulate these industries effectively. This is particularly true since moral standards vary greatly among Americans. 

 PART TWO: Constitutional Context             Each government must establish and clarify their values in order operate efficiently and protect its own interests. The United States has adopted a very unique constitution that regulates public, social and fiscal policy making. This constitution also states the country’s principles. It was designed to protect both the government and its citizens. Using the different techniques of policy making, the government is able to regulate the economy, promote capitalism and maintain governmental and social structure. The United States is based on capitalism and federalism and the constitution is designed to protect those dominant features of American culture. Although each state has their own constitution supplemental to the federal constitution, Wyoming’s constitution in particular has been used for comparative purposes. Public policy is used to regulate and enforce the principles of a government. Theodore Lowi of Cornell University, describes public policy as an “officially expressed intention [that will result in] reward or punishment” of the people being regulated under a government administration (Lowi 325). The level of reward and punishment is dependent upon the cooperation of a country’s citizens to follow these regulations. The basic goal of public policy is to ensure that order is maintained to promote efficient functioning of both the government and its people. The primary way that a government manages the economy is by providing grants-in-aid. These grants are a way for the government to encourage individual states to promote certain programs or initiatives that stimulate the economy. Another way that the government can manage the economy is market regulation. An example of this is passing the Sherman Antitrust Act in order to prevent companies from monopolizing the market. This prevents the market from being unfairly dominated by a single company or corporation. The Federal Reserve System was created in order to regulate economic practices. In contrast to regulation of the economy, the market is also managed by governmental deregulation in order to allow more freedom for companies to operate. Views on the level to which the government should be involved in market management or regulation are mixed.  There are three important techniques that the government uses to encourage adherence to public policy. These include promotional, regulatory and redistributive techniques. Lowi describes promotional techniques as a way to “encourage people to do something they might not otherwise do, or get people to do more of what they are already doing” (Lowi 339). Promotional techniques include offering subsidies, grants and contracting, which influence the economy by encouraging business operation. Another promotional technique is licensing. This allows certain businesses or people to perform a function that wouldn’t ordinarily be legal without the permission of a licensing authority or government. Regulatory techniques are a method of control. This technique includes criminal penalties, administrative regulation, distribution of subsidies, contracts and licenses, regulatory taxation, and expropriation. Basically, regulatory techniques are used in order to ensure that public policy is followed by regulating people and the economy. In order for an organization to receive a subsidy, contract, or license conditions set by the government must be met. Regulation of taxation of certain products boosts the economy and ensures that use of a substance isn’t excessive. Redistributive techniques include taxes, budgeting, or the use of credit and interest. Taxes are used to alleviate the financial burden that ensues when the government provides promotional and regulatory techniques and other costs of administration. The revenue that the government collects is then budgeted and used to increase economic productivity when the market is low. The use of credit and interest is employed by monitoring interest rates to meet market demand. Interest rates are based upon consumption and are used to encourage investment. Consumption influences the supply and demand ratio.  Monetary policies are used in an attempt to regulate the availability of money to banks in order to encourage economic growth and promote capitalism (Lowi 329). The Federal Reserve System was created in order to regulate the economy by adjusting interest rates to meet market demands. The government also established the Federal Deposit Insurance Corporation (FDIC) in order to insure and protect assets. The government also insurances mortgages through the Department of Housing and Urban Development (HUD) in order to alleviate the risk that banks must assume when granting home loans (Lowi 330).  In addition to monetary policies, fiscal techniques define the government’s taxation privileges and spending powers. The most common example of this is “income tax.” The structure of income tax is progressive in nature. This means that taxes increase according to income. Ultimately, the goal of taxes is to promote capitalism as well as redistribute wealth by attempting to narrow the continually increasing disparity of economic class. Taxes also allow for government spending, which is another way that the economy can be boosted and a way for wealth to be redistributed (Lowi 330). Implementation of a Welfare System is also a way that the government controls the economy to promote capitalism. Offering assistance to those who are less fortunate also helps to redistribute wealth to those who do not have the means to support themselves. Another program that the government established is the Social Security (FICA) tax. This program forces individuals to save for their retirement. There are several similar contributory and non-contributory fiscal and social policies and programs that the government has established in order to manipulate the economy. They all have one goal in common and that is to promote capitalism and redistribute wealth.             The purpose of the bill I will be writing for Part Three is to recommend that the federal minimum wage be indexed and reviewed annually in order to meet the cost of living and market demands. The indexed average base federal minimum wage should integrate flexibility to accommodate the varying cost of living on a local level. This will result in a true living wage; it will close the wage gap differential and the dissolution of poverty as well as lower unemployment and underemployment rates. The promotional technique will be used by offering employers incentives and more buying power for employees resulting in a stronger economy. The regulatory technique will be used to enforce wage standards. The redistributive technique is the most important technique available to the United States for this issue. This technique will be used to offer grants and tax breaks to employers if need is demonstrated by the corporation. This technique will also redistribute wealth from both corporate and non-corporate employers to the employees. In turn, companies will have greater profits as a result of stronger buying power for minimum wage workers. This will also promote capitalism as these low-income workers will have more access to self-development programs like education. Productivity and commerce will increase.            A constitution, according to the Merriam-Webster Dictionary is “the basic principles andlaws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it and is a written instrument embodying the rules of a political or social organization” (Merriam-Webster). In other words, a constitution is a document that clearly identifies the principles and foundation of a government or group. This document is an agreement explains the character of this organization. A constitution also explains the rights of a citizen in relationship to a government.              The United States Constitution contains seven articles that describe the structure of the American government. These articles explain how laws are made by each branch, the expressed powers of each branch, and the ways that one branch of government relates to another. The first article explains the Legislative branch, which passes federal laws. The expressed powers of the legislative branch primarily include issues concerning commerce such as collecting taxes and regulating commerce as well as the authority to declare war and maintaining armed forces. The second article describes the Executive branch, which enforces laws. The expressed powers of this branch include the ability to negotiate treaties, grant pardons and veto bills proposed by Congress. The foremost authority that regulates this branch of government is the President. The third article explains the powers of the judicial branch, which determines if laws are constitutional. This branch’s powers include interpreting and mediating legal issues, and allocation of powers on a national and state level.  The fourth article defines the extent to which interstate reciprocity applies. It explains that any “privileges and immunities” granted in one state are applicable to every state. The fifth article provides the protocol necessary to amend the Constitution. According to this article, a Constitutional amendment requires Congress to approve an amendment with a minimum two-thirds majority as well as acceptance of an amendment by three-quarter majority of the individual states. Article six establishes that the authority of federal or national law can neither be ignored nor can it be undermined by any of the states. Finally, the seventh amendment explains that the Constitution was approved or ratified by nine states, thereby locking its authority over the United States.             In order to prevent abuse of power, each of the three branches of government incorporates a system of Checks and Balances or Separation of Powers. Although each branch of government has the power to make laws, each division must approach their objectives with the proper procedure. Beginning with the Executive Branch, this division is allowed to veto bills proposed by Congress with the same authority that it executes laws passed. In this way, the Executive Branch ensures that the Legislative Branch does not gratuitously exploit its power. The Executive Branch also prevents misuse of power in the Judicial Branch by nominating Supreme Court Judges and has the ability to pardon or reverse federal court convictions or refuse to enforce the decisions of the Judicial Branch altogether (Lowi 31).             The Legislative Branch regulates abuse of power of the Executive Branch by having the right to reverse a veto, impeach the President, and refuse treaty proposals. In the same way that the President can reject laws passed by Congress, this aspect of checks and balances is mutual. In regards to the Judicial Branch, the Legislative Branch has the power to change the number of Supreme Court justices, reject Supreme Court nominees and impeach judges. The Legislative Branch also that the power to propose constitutional amendments (Lowi 30).             In order to prevent the other two branches of government from abusing their power, the Judicial Branch ultimately decides if laws passed are actually constitutional and enforceable. In addition, the Chief Justice plays the primary role in overseeing Presidential impeachment procedures. In this way, the Judicial Branch keeps the system of checks and balances in place by determining how laws are interpreted and enforced. The powers of each branch overlap one another and therefore prevent any single branch of government from obtaining too much power.             There are four paths through which the United States Constitution can be amended. Although each method can result in amendment, certain methods are employed more often than others. The first option is for the House and Senate to pass an amendment proposal by two-thirds vote. In order for the amendment to take effect, three-fourths of the states must accept the proposal. Another route for constitutional amendment is for two-thirds of the states to petition an amendment. This proposal must be accepted in Congress by thirty-eight states. There are two other ways for an amendment to be passed. However, they are almost identical to the procedures listed above.             The United States Constitution has established three limits on the national government. These include Separation of Powers, Federalism and the Bill of Rights. Essentially, Separation of Powers divided among each of the three branches of government separate powers. This enables each branch to make and enforce laws while simultaneously ensuring that the expressed powers are not abused. Federalism was also established in this Constitution as a way to separate power on a national and state level. Although federal powers and laws are non-negotiable, each state has the ability to negotiate the level to which federal power is granted. The Bill of Rights includes the first ten amendments to the U.S. Constitution. This section was created to recognize the rights of all citizens and attempts to guarantee that the government does not overstep its jurisdiction associated with these rights.            The Wyoming Constitution is not independent from the U.S. Constitution, but it is rather a supplemental text that governs the people and policies for the state’s residents. The laws in the Wyoming Constitution must support the principles stated in the U.S. Constitution. A state’s constitution is autonomous only in relation to other states. In relationship to the U.S. Constitution, it must subscribe to the same core values while having the power to self-regulate state policies. Only one constitution has ever governed Wyoming since its inception in September, 1889. The major principles of Wyoming’s Constitution include popular sovereignty, political equality and republicanism (Hubbell 17). The near oxymoron of the phrase “popular sovereignty” leaves much to interpretation. For example, it could mean that it is ruled by majority or that the policy makers are elected by majority. At the same time it may also mean widespread self-government resulting in self-sufficiency, which is certainly characteristic of Wyoming. It could also be taken as a statement of independence or that conservatism is a core characteristic of the state. The ambiguity of the phrase represents the extent to which the Wyoming Constitution is flexible, which may explain why there has only been one constitution in effect in the state. This constitution has been amended on seventy-one occasions. In order to amend the Wyoming Constitution, a legislative majority must propose an amendment and this proposal can only be approved if the majority of the citizens approve the amendment by vote.            Wyoming’s Constitution has been criticized as being “a product of the cut-and-paste method of constitution-making, with little originality” (qtd. in Hubbell 23). Considering that Wyoming used the constitutions of neighboring states as a template, this criticism is not unwarranted. It has been stated that this inefficiency is due to superfluous distribution of executive authority, lack of defined political responsibilities and short legislative sessions. This slow moving pace of legislation is counterproductive considering Wyoming’s volatile economy (Hubbell 23). For the reasons listed above, it is unsurprising that Wyoming’s constitution has been reviewed as providing an ineffective administration.             Two similarities of the U.S. Constitution and the Wyoming Constitution are that they both contain a bill of rights. Both documents are focused on equal distribution of power and citizen rights. A major difference between the two constitutions is that amendments in the Wyoming Constitution are incorporated into their logical place rather than listed as a separate section, as is the case with the U.S. Constitution (Hubbell 21). According to Hubbell, Wyoming’s constitution, emphasizes the importance of Equality. Although the subject of equality was clearly stated in the Declaration of Independence, the United States Constitution chose not to integrate this principle (Hubbell 21).

            Although each state’s constitution is a separate entity from the United States Constitution, they are all equal and codependent. The basis of these constitutions all provide for collective self-interest in the promotion of capitalism, equality and the protection of citizens and assets. In the process of maintaining the government’s self-interest in each state, it must follow the principles outlined in the federal constitution for maximum effectiveness. Each state is responsible for protecting its own economy and citizens. The federal constitution serves as a backup plan in the event that a state demonstrates that it is incapable of meeting upholding its responsibilities to the country and its citizens. Laws and policies are very dynamic; they are constantly evolving to meet the economic and social priorities of the government. This elasticity is the primary characteristic that allows the United States government to survive. However, it is ironic that this flexibility is able to provide a strong and durable foundation for policy making. In order to meet the demands capitalism, the Constitutions and policies of this country prove that it is able to meet minimum standards for preserve the fortitude of the government and economy.

 Part Three: The Legislative Process             The United States legislative process if fourfold and includes Committee Deliberation, Debate, Conference Committee and Presidential Action. This process serves as the general procedure for creating and passing legislation. Legislation is influenced by many people such as Congress members, staffers, special interest groups, the media, agencies and citizens. In order for legislation to be effective, a system of checks and balances and separation of powers are used in order to maintain balance in the government. The legislative process is generally the same on a federal and state level, but each state is allowed to develop their own legislative process.            Committee deliberation is the first stage of the legislative process. During this stage, a bill proposal is presented to either the House or Senate. The first step during this stage is to assign the proposal to a relevant committee. Then it is assigned to a subcommittee that will discuss, research and amend the bill. After the committee feels that it has adequately deliberated the proposal, the bill is sent to a full committee that completes the same process. Most often, bills “die in committee.” This means that they are not considered to continue the process for approval in Congress (Lowi 104). In the event that a bill is introduced to the House, the Rules Committee will decide the amount of time for debate that should be invested (Lowi 105). The second stage in the legislative process is debate. The Speaker of the House or Senate Majority Leader regulate debate and time limits are enforced. During debate, speakers are allowed to speak for or against the bill proposal. Senators are allowed unlimited debate, while the House prefers to enforce more control of the debate. After debate, a Conference Committee reconciles differences in a bill in order to accommodate both the House and Senate. A final report is sent to both the House and Senate for approval before being submitted to the President (107). The President’s approval is necessary before a bill can become a law. During this stage of the legislative process, the President has the option to sign the bill, or reject it. If the President rejects a bill, this is called a veto. If the President does not return the bill to Congress, it is automatically considered a pocket veto. For bills regarding appropriation, the President has the option of utilizing a line-item veto, which omits certain areas of a bill. Although Congress rarely overrides a veto, it is possible with a two-thirds vote. The President is also directly involved in the legislative process through the State of the Union Address, during which the President suggests actions for Congress (131). Finally, the President can issue an executive order, which is essentially a form of instant legislation.            There are several differences between the House of Representatives and the Senate. The first significant difference between the two is size. The House is considerably larger with four hundred thirty-five members, while the Senate has only one hundred members. House terms are limited to two years, while Senate terms are limited to six years. The House members are much more specialized, follow much more rigid rules, and debate is much slower than the Senate. Senators are considered much more elite than Representatives, who have very limited constituencies (Lowi 97).             Congress members deal with many influences while deciding upon legislation. Many of their ideas come from their constituents and special interest groups. Constituents provide a great deal of influence, since their satisfaction with legislative outcomes determine whether or not members of Congress will be reelected (Lowi 108). They can also be influenced by agencies that provide research for a bill proposal (101). Usually constituents deal directly with staffers that draft proposals and constituency requests (103). Special interest groups influence Congress by serving as lobbyists to influence the legislative process. Larger special interest groups are able to financially support members of Congress in order to influence decision making. The Legislative, Executive and Judicial branches of government are limited by a system of checks and balances in the legislative process in order to maintain effectiveness and prevent one branch from becoming too powerful. James Madison stated in reference to checks and balances, “There can be no liberty where the legislative and executive powers are united in the same person” (qtd. In Lowi 59). This means that power must be equally distributed in order to support or oppose the power of another branch of government. At face value, this may seem counterproductive. However, it is necessary in order to maintain balance and equal influence. Through Separation of Powers, each branch of government is prevented from having too much power over another. Congress is organized to work on the basis of bicameralism and following parliamentary rules (97). The legislative process allows Congress, “To be more than simply a rubber stamp [of approval] for the executive branch” (Lowi 96). It is designed to represent the interests of the government and its people mutually. In order to manage legislation effectively, rules of the legislative process have been established so that all interests can be represented.             Wyoming’s legislative process involves a first, second and third reading. The first reading introduces and assigns a bill to a committee (Hubbell 56). Similar to the United States Congress, the committee to which a bill is assigned determines whether a bill will be presented during the legislative session. Bills are placed on “General File” if they are introduced out of committee and the Speaker of the House determines whether they will be introduced to the Committee of the Whole (Hubbell 57). The majority of debate of a bill occurs following the first reading but before the second reading. The second reading is more formality than actual legislation and its basic purpose is to prepare legislator for the third reading. The third reading is the final reading and it is only during this time that votes are recorded (57). The Conference Committee reviews a bill after the third reading. If it is approved, it will be sent to each House for further approval. If the House approves the bill, the Governor must either pass or veto the bill. A veto can be overturned only if the Governor returns the veto during the legislative session (58).             The Wyoming legislature is organized very much like the United States Congress. The Speaker of the House or President of the Senate presides over legislative hearings and assigns legislators to a committee for each bill. There are several standing committees in the Wyoming legislature and range from Agriculture, Education and Labor to Revenue, Rules and Transportation. Each legislator is assigned a committee based on their specialization. Although legislators can request to serve on a particular committee, this is based mainly on seniority and expertise (Hubbell 58). The governor’s role in the legislative process includes the responsibility of Chief Budget Officer, compliance with federal programs and lobbyist to the federal government (Hubbell 58).             Wyoming allows citizens to be involved in the legislative process through initiatives and referenda. This allows citizens to have influence beyond voting rights by being able to propose (initiate) or oppose (referendum) legislation. In order to form an initiative or referendum, citizens must write a law and petition voters for approval. In order for this to be successful, it must receive a majority vote (Hubbell 27-28). This can be incredibly difficult since non-voters are considered as an opposing vote (28). However, popularity and success rates of citizen initiated legislation has increased with the help of consulting firms that are able to provide the necessary resources for organizing a petition (29). One difference between the Wyoming legislature and Congress is that, in Wyoming, only one subject is permitted per bill. A second difference is that the Wyoming legislature allows citizens to adopt a much more proactive role in legislation through initiatives and referenda (46).             The bill being proposed for this assignment is in response to illegal immigration and its economic impact. Illegal immigration deflates wages for United States citizens. As a result, the wage gap differential is increasing and illegal immigration is leaving the American government and citizens to assume the financial losses that incur. In order to prevent this, I am proposing that federal and state minimum wage should be increased and indexed for legal citizens. This bill proposal represents the redistributive technique in order to transfer the cost of employing illegal immigration from American citizens to illegal immigrants and their employers. This will also narrow the wage differential gap; allowing flexibility for underemployed citizens to meet the demands of the economy. This will result in an indirect and subtle redistribution of wealth to those that need it most – the ordinary underpaid American citizen.             H.R.2087 is a bill that proposed the medical use of marijuana in the United States. This bill allows marijuana to be prescribed to individuals for medical use. It also allows the State to grow and distribute marijuana for medical use. This bill also states that it is not related to laws that regulate smoking in public places.            The legislative process is a time consuming and challenging process for political leaders. Although members of Congress may seem out of touch at times with the needs of the people they represent, they are highly influenced by their constituents and special interest groups. The legislative process is basically the same for states and the federal government, but each state is allowed to modify their legislative process. In Wyoming, citizens are allowed to be much more involved in the state’s legislative process. However, it is improbable that their efforts could be organized efficiently enough to pass an initiative or referendum. The legislative process is based upon bicameralism and separation of powers so that no political party or government branch can become so powerful that they cannot be challenged.  

 

January 29, 2007

 

The Honorable Michael Enzi
United States Senate
379A Russell Senate Office Building
Washington, D.C. 20510-5004

 Dear Mr. Enzi: 

As a Wyoming resident and college student, I am writing this letter for a political science class to express interest in migrant labor laws. Although I am not an expert in this area, I would like you to seriously consider this letter regarding the economic impact of illegal and legal immigration. I understand that migrant labor is necessary in certain situations, such as the inability to find domestic employees. However, I am concerned that migrant labor is not effectively monitored and this has negative effects on migrant workers, American citizens and the economy. After reviewing the following reasons, please consider passing legislation that will strictly enforce migrant labor regulations.

Legal migratory workers should be protected the same as any American citizen since they put money back into the economy. On the other hand, illegal immigrants cost the economy much more than it can afford at this point in time. These illegal employees avoid paying personal income tax, and social security contributions, while employers benefit by avoid paying social security, Medicare and unemployment taxes. As you are very well aware, this is a tremendous hit in already volatile areas of the American economy. In addition, it is incredibly difficult to protect illegal immigrants from being unfairly exploited when regulations are not enforced.

I advocate programs such as the Migrant and Seasonal Agricultural Worker Protection Act, and the Immigration and Nationality Act, but these regulations only protect legal migrant workers. Illegal immigrants and American citizens are not protected by these acts. The employment of illegal immigrants lowers the pay rate for American workers, which increases the possibility of both illegal immigrants and American citizens to live in poverty conditions. Regulations must be harshly enforced and employer penalties for hiring illegal migrant workers must be higher. American citizens should not be responsible for the cost that is a result of permissive government regulations.

I appreciate that you have taken the time to read this letter of concern and I will be looking forward to your response and an update on your standpoint regarding migrant labor.

 

Sincerely,

   Bradley J. Frey   

110th CONGRESS1st Session

H. R. 3082

   To provide an indexed Federal and State minimum wage for United States citizens and legal immigrants. ____________________________________  IN THE HOUSE OF REPRESENTATIVES February  2, 2007Mr. Frey of Wyoming introduced the following bill; which was referred to the Committee on Commerce ____________________________________  A Bill             To provide an indexed Federal and State minimum wage for United States citizens and legal immigrants. The federal minimum wage shall be reviewed annually based on current market conditions. The general economic state shall determine an indexed minimum wage. This federal indexed minimum wage will serve as a base average on which states will index minimum wage standards determined by the local economy.    1          Be it enacted by the Senate and House of Representatives 2          of the United States of America in Congress assembled, 3          SECTION 1. SHORT TITLE.4          This Act may be cited as the “Federal and State Indexed 5          Minimum Wage Act”.6          SECTION 2. FINDINGS.7          In order to accommodate inflation, indexing federal and 8          state minimum wage will accommodate cost of living 9          fluctuations. Unemployment and underemployment rates 10        will decrease as the wage index rises to accommodate1          inflation. In addition, buying power of low-income2          workers will increase. As unemployment and3          underemployment rates decrease, the wage differential gap4          between economic class will correspondingly decrease. 5                      The cost of illegal immigration will be less of a 6          burden on legal workers and the government. Illegal 7          immigration expenses such as nonpayment of income tax, 8          social security and Medicare taxes cost legal employees in 9 the United States. These expenses will be less of a liability 10    for legal employees and the government by indexing 11        federal and state minimum wage. 12                    The federal minimum wage has not increased for a 13        decade, while the Consumer Price Index Cost of Living 14        continues to increase. The combination of illegal 15        immigration and cost of living inflation should be indexed 16          to accommodate these expenses. Illegal immigration will 17     decrease when illegal immigrants realize that their buying 18           power decreases as a result of minimum wage increases. 19        SECTION 3. PURPOSE. 20                    In order to accommodate varied cost of living 21        statistics, each state shall measure economic conditions per 22         region in order to establish each region’s indexed minimum 23            wage. Each regional and state minimum wage index shall 24        not be less than the determined average indexed federal 25        minimum wage. If an economic region in a state 26        determined an indexed minimum wage lower than the 27        federal indexed rate, the federal indexed rate will apply. 28        This Act will protect temporary and permanent legal United 29       States employees. 30        SECTION 5. DEFINITIONS31                    a)         indexed minimum wage – the minimum 1          hourly wage reviewed annually to accommodate inflation  2            and standard cost of living based on the Consumer Price 3          Index. 4                      b)         underemployment – employment of workers 5           for low wages that are not coherent with the Consumer 6          Price Index. Underemployment is the result of the threat of 7            unemployment or low market place demand. 8                      c)         wage differential gap – income disparity 9          between socio-economic groups such as wealthy and poor. 10                    d)         Consumer Price Index – (CPI) weighted 11        average cost of living expenses for consumers. Includes 12        such costs as housing, utilities, food, transportation and 13        medical care. 14                    e)         economic region – pertaining to this Act,

15        economic region refers to areas within a state with varying

16          economic conditions such as cost of living.

Part Four: Agencies and Implementation             Bureaucrats are responsible for implementing laws outlined by Congress or the government in general. Implementation includes the coordination of appropriate measures necessary to realize the government’s objectives and instructions. In order to execute laws, bureaucrats “translate the law into specific routines for each of the employees of an agency” to follow (Lowi 156). Congress is responsible for creating laws and bureaucrats are responsible for enforcing, communicating, translating and interpreting laws as well as setting disputes that may arise.              In order for a law to be implemented, it must be interpreted correctly in detail. In this way, “bureaucrats…are engaging in lawmaking” (Lowi 156). When bureaucrats create rules for effective law enforcement, they are exercising quasi-legislation (157). The Federal Register is a collection of all the rules that have been created by bureaucrats. A rule is not considered official until it has been entered into Federal Register. If there is an implementation dispute, it is settled through a process called administrative adjudication. This process identifies a violation and decides how it will be reconciled. In contrast with federal judiciary process, “[administrative] adjudication applies only to the specific case being considered” (157). Any rules or decisions made by public bureaucracies have been made available to the public through the Freedom of Information Act (FOIA) of 1966. This act granted any United States citizen access to information about any agency.             The New Deal during the Roosevelt era marked the beginning of the rise in presidential government. Congress granted much more power to the president through the development of new agencies through the New Deal. This is called “delegation of power” (Lowi 136). Essentially, this transfers power from one branch of government to another and this resulted in a significant increase in power to the president. No longer was the government Congress-centered, but rather president-centered (136). Ideally, delegation of powers is meant to increase the effectiveness of all branches of government. Delegated powers differ from inherent powers in that inherent powers are asserted by one branch of government rather than granted from another. These powers are not mentioned Constitutionally. For example, the president simply asserts inherent power by declaring war or national emergency (127). The rise in presidential power has been significant because it makes the president a much more dominant political figure rather than simply verification for decisions made in Congress or other branches of government.                The president has five expressed (delegated) powers. These include military, judicial, diplomatic, legislative and executive power, which are all outlined in various articles of the constitution. The president’s military power includes the position of Commander in Chief. This means that the president has authority over the entire military and intelligence agencies including: the Central Intelligence Agency (CIA), National Security Council (NSC), National Security Agency (NSA), and the Federal Bureau of Investigation (FBI). This power allows the president to follow any protocol necessary in order to protect the safety of the United States (Lowi 127). The president’s judicial power allows the president to pardon any person that may have committed a federal crime. Basically, the president can clear any individual’s record of any implied wrongdoing. The president also has diplomatic power to represent the United States, recognize other countries and make international treaties. As the head of the executive branch, this gives the president to execute laws and recommend appointments to federal judges and other positions that support the executive branch (130).  Finally, the president has the power to create, enforce and deny legislation. One way that the president recommends legislation is through the State of the Union address to Congress. Another legislative power that the president has is the power to veto legislation. In effect, this allows the president to prevent any piece of legislation from taking effect. The third way the president creates legislation is through an executive order. This allows the president to make an immediate legislative decision that has the full effect of law (132). Executive orders are important because it allows the president to maximize efficiency in the executive administration. An executive order is also important because it prevents power from disproportionately fluctuating from one president to another. In other words, Lowi states, “Anyone duly elected president would possess these powers regardless of his or her individual energy or leadership characteristics” (Lowi 132).             The executive order is one of the most powerful powers that the president has. One example of an executive order is, Executive Order (EO) 13133 by President Bill Clinton in 1999. This order addressed unlawful conduct on the internet including the sale of guns, explosives, drugs, fraud, child pornography and any other controlled substance. It explains that education must be provided to parents, teachers and others in order to eliminate the risk of illicit commerce associated with internet. It also explains that the Internet is an indispensable tool for commerce and free speech and supports self-regulation, but it should be monitored. This order outlined an extensive working group in order to accomplish the executive order’s objectives. This working group includes the Attorney General and many other government agencies. Another very important legislative power of the president is the power to veto. The veto process begins with Congress passing a bill. Once this bill is passed, it is presented to the president and reviewed by the appropriate department and other people involved in the executive branch. At this point, the bill can go two directions. One way that the president can veto a bill is by taking no action. This is called a “pocket veto”. If the president decides not to veto, the president will sign the bill and it will become a law. If the president decides to veto a bill, it is returned to Congress. At that point, Congress may either override the veto or pass the bill. No other member of any branch of government has the power to issue an executive order or veto a bill, which makes the president the most powerful political figure in the United States government.             In order to exercise power, the president uses five formal resources. These resources include patronage, the cabinet, the white house staff, the president’s executive office and the vice-president. The president uses patronage as a management too (Lowi 137). Patronage as a presidential resources allows the president to be surrounded by like-minded appointees. These appointees are usually committed to supporting the president’s agenda (137). The presidential cabinet serves as the head of each major government department (138). The president has the power to appoint each of member of the cabinet, but Senate must approve these recommendations. Each member of the cabinet serves individually rather than as a group (138). Another resource similar to the cabinet is the White House Staff. The size of this expert staff has significantly ranged in size from one administration to the next and are much more influential in the president’s decision making process (139). Another resource of the president is the Executive Office, which includes up to two thousand specialists in government agencies (139). The final presidential resource is the Vice President. This resource has two purposes. The first purpose is to take over the presidential office if the president becomes absent. The other purpose is to oversee the Senate (141).                        In addition to the five formal resources of the president, there are also six informal resources. These include elections, initiative, media, party, groups, and public opinion. Elections serve as a gauge to determine the president’s power. In some cases, the president may see elections as a mandate to enforce the president’s agenda (142). Initiative as a resource equals power. In other words, the president may take immediate action with minimal deliberation (142). News media is also a valuable resource for the president to maintain influence and maintain contact with the general public. Party loyalty provides valuable support to the president by providing expedient legislation that supports the president’s agenda. Naturally, the president’s party will be a much more valuable resource when the president and the party are loyal to each other. Another resource for the president is special interests groups, which support the president’s efforts (143). The final informal resource of the president is public opinion or popularity. If the president is able to maintain a popular position, there is less of a chance of resistance toward the progression of the president’s plans. 

            Wyoming has five elected members of the executive branch and each serves a different purpose. These members include the Governor, Secretary of State, Auditor, Treasurer and Superintendent of Public Instruction. Each of these positions may hold a maximum of two four-year terms. The Governor of Wyoming is the commander in chief and is responsible for carrying out laws, granting pardons and legislation. The governor is also the Chief Administrator, Budget Officer, Chief Federal Program Officer and Chief spokesperson for their political party. Among the governor’s responsibilities associated with each of these titles is to develop a financial plan for the state, monitoring the state’s federal program and appointing directors of state departments (Hubbell 74-78). The Secretary of State takes the governor’s place if the governor becomes absent. In addition, the Secretary of state supervises elections, charters and certifies corporations in Wyoming, and published the directory of Wyoming government officials (77-79). The Wyoming Auditor position, maintains fiscal operations, tracks revenue and expenses and audits agencies including mineral production (79). The Treasurer records financial transactions in the state including investments (80). The Superintendent of Public Instruction is in charge the entire state’s public school system. This includes all administrative and financial responsibilities to maintain the public school system (80). Each of these positions varies only slightly and with the exception of the Superintendent of Public Instruction and the Governor, the all basically have the same responsibilities. The Wyoming and United States executive branches are similar because they both involve elected and appointed positions. The term limits are also similar, which include a maximum of two four-year terms. A difference lies in that the Wyoming executive branch has five elected officials, while the United States executive branch has only one (the President). Another difference is that the President supervises the entire executive branch. In Wyoming, the elected members of the executive branch are separate; they do not have supervisors.

EXHIBIT – Executive Order 13133 Federal RegisterWednesdayAugust 11, 1999Part VIIThe PresidentExecutive Order 13133—Working Groupon Unlawful Conduct on the Internet Presidential Documents43895Federal RegisterVol. 64, No. 154Wednesday, August 11, 1999Title 3—The PresidentExecutive Order 13133 of August 5, 1999Working Group on Unlawful Conduct on the InternetBy the authority vested in me as President by the Constitution and thelaws of the United States of America, and in order to address unlawfulconduct that involves the use of the Internet, it is hereby ordered as follows:Section 1. Establishment and Purpose. (a) There is hereby established aworking group to address unlawful conduct that involves the use of theInternet (‘‘Working Group’’). The purpose of the Working Group shall beto prepare a report and recommendations concerning:(1) The extent to which existing Federal laws provide a sufficientbasis for effective investigation and prosecution of unlawfulconduct that involves the use of the Internet, such as the illegalsale of guns, explosives, controlled substances, and prescriptiondrugs, as well as fraud and child pornography.(2) The extent to which new technology tools, capabilities, orlegal authorities may be required for effective investigationand prosecution of unlawful conduct that involves the use ofthe Internet; and(3) The potential for new or existing tools and capabilities toeducate and empower parents, teachers, and others to preventor to minimize the risks from unlawful conduct that involvesthe use of the Internet.(b) The Working Group shall undertake this review in the context ofcurrent Administration Internet policy, which includes support for industryself-regulation where possible, technology-neutral laws and regulations, andan appreciation of the Internet as an important medium both domesticallyand internationally for commerce and free speech.Sec. 2. Schedule. The Working Group shall complete its work to the greatestextent possible and present its report and recommendations to the Presidentand Vice President within 120 days of the date of this order. Prior tosuch presentation, the report and recommendations shall be circulatedthrough the Office of Management and Budget for review and commentby all appropriate Federal agencies.Sec. 3. Membership.(a) The Working Group shall be composed of the following members:(1) The Attorney General (who shall serve as Chair of the WorkingGroup).(2) The Director of the Office of Management and Budget.(3) The Secretary of the Treasury.(4) The Secretary of Commerce.(5) The Secretary of Education.(6) The Director of the Federal Bureau of Investigation.(7) The Director of the Bureau of Alcohol, Tobacco and Firearms.(8) The Administrator of the Drug Enforcement Administration.(9) The Chair of the Federal Trade Commission.(10) The Commissioner of the Food and Drug Administration; and(11) Other Federal officials deemed appropriate by the Chair ofthe Working Group.43896 Federal Register / Vol. 64, No. 154 / Wednesday, August 11, 1999 / Presidential Documents(b) The co-chairs of the Interagency Working Group on Electronic Commerceshall serve as liaison to and attend meetings of the Working Group.Members of the Working Group may serve on the Working Group throughdesignees.ÏÐTHE WHITE HOUSE,August 5, 1999.[FR Doc. 99–20924Filed 8–10–99; 8:45 am]Billing code 3195–01–P Part Five: Agencies and Implementation             Government agencies are considered to be bureaucracies. In order to implement legislation, they are required to make legally binding rules. The fact that bureaucracies are permitted to make rules means that they are very powerful and necessary in order to achieve the objectives established by Congress. Not only do bureaucrats make rules, but they are responsible for interpreting and translating a law in order to maintain effective implementation. The interpretation and translation of laws resulting in rules that bureaucrats create are legally binding because Congress has delegated this power to them.             Bureaucracy defined by Lowi is, “the actual offices, tasks, and principles of organization that are employed in the most formal and sustained administration” (Lowi 155). This means that a bureaucracy is an agency, or office, that provides the administration necessary to implement laws. There are six characteristics that describe a bureaucracy. These include division of labor, allocation of functions, allocation of responsibility, supervision, purchase of full-time employment and identification of career within the organization (154).             The Executive Branch is a very extensive national organization with several supplementary departments and agencies. The President is the head and most powerful figure of the executive branch. The White House Staff works directly under the President and includes the Executive Office of the President. The Executive Office of the President also has several supplementary offices, which include the White House Office, the Office of Management and Budget, the Office of national Drug Control Policy, the Office of the U.S. Trade Representative, the Office of Science and Technology Policy, the Office of Policy Development, and the Office of Administration. In addition to these offices, the Council of Economic Advisors, the National Security Council, the Council on Environmental Quality and the Vice President are also included in the Executive Office. Following the Executive Office of the President, each of the cabinet departments such as the Department of Justice, Department of Defense and the Department of State and several other cabinet departments serve the President. Each of the cabinet departments also has subdivisions, agencies, corporations and regulatory commissions to serve the cabinet (138).             Agencies have four functional roles and each agency has varied roles and functions. The first agency is the Clientele Agency. This agency exists to serve as a sort of networking agency. Clientele Agencies “foster the interest of a specific group in society. In turn that group works to support its agency when it is in jeopardy (Lowi 160). Agencies for Maintenance of the Union have three subcategories including Revenue Agencies, agencies for internal security and agencies for external national security. Basically, Maintenance of the Union agencies maintain the country’s security and finances. An example of a Revenue agency is the Internal Revenue Service (IRS). An example of an agency for internal security might be the Central Intelligence Agency (CIA). The Federal Bureau for Investigation (FBI) could be considered an agency for national security.  Regulatory agencies are the third agency category. These agencies monitor the conduct of companies and individuals (162). Some regulatory agencies include the Food and Drug Administration (FDA), the Occupational Safety and Health Administration (OSHA) and the Federal Trade Commission (FTC). These agencies monitor and enforce rules covering a variety of areas including health, safety, commerce and consumption (162). Redistributive agencies maintain the wealth and debt of the country and citizens. According to Lowi, “[Regulatory agencies] influence the amount of money in the economy and…who has the money…and [spending]” (162). Redistributive agencies have two subcategories including fiscal and monetary agencies and welfare agencies. The Treasury Department and the Federal Reserve System are examples of redistributive fiscal and monetary agencies. These agencies regulate taxes, banking, and production of currency. Welfare agencies provide assistance to individuals with limited incomes or abilities. An example of a welfare agency is Temporary Assistance to Needy Families (TANF) or the Social Security Administration (SSA).              Rules come from a variety of sources, but they all usually follow eight major steps in order to become a rule. Rules are primarily the product of legislation. Rules are a method used to enforce legislation, which is generally vague and lacks detail. If rules were not established, then legislation would not be enforced. Rules are important because they are necessary in order to regulate the safety of food, drugs, the workplace, transportation, the environment, finance, and health. They are also established to promote revenue. After all, business is the government’s foremost priority. In order for the government to develop revenue, regulation and redistribution is necessary. In order to maintain revenue, citizens must be kept alive in order to promote consumption and revenue. For this reason, health must be regulated as much as business.             Advance notice of proposed rulemaking is the first step in the rulemaking process, but it is optional. The second step is notice of a proposed rule. This is accomplished though publication of research and notification of the date, time and location of hearing. This allows the public to prepare their comments. Analysis follows notice of a proposed rule. This step allows an agency to modify a rule based on the comments (Marcum Lecture Notes). After the analysis is complete, the agency publishes both the draft and final rules and this is considered notice of final rule. Next, the second notice of proposed rule is published and any changes made to the rule are made available to the public for further comment. After all of this has been accomplished, the agency publishes the results of their research, proposal and actions in the Federal Register. However, the Office of Management and Budget (OMB) must provide its approval before it is published in the Federal Register. Once the OMB has approved the proposal, it is entered into the Federal Register and given a classification code similar to other rules. This is called the Code of Federal Regulations. Finally, judicial review decides upon the validity of the rule (Marcum Lecture Notes).             The Department of Defense rule called, “Sexually Explicit Material; Sale or Rental on DoD Property” was used as an example of how rules are actually made. There are six major sections of this rule, including: purpose, applicability, definitions, policy, responsibilities, and procedures. The purpose of this rule “prohibits the sale or rental of sexually explicit material” on DoD propterty (Federal Register). The purpose section also mentions the responsibilities of a review board. This rule applies to any of the defense or military departments and any other organizations associated with the Department of Defense, as is established in the Applicability section. The terms dominant theme, lascivious, material, Department of Defense property, and sexually explicit material were all defined in the Definitions section of the rule. Policy is the fourth section, which outlines the policy that no employee or official of the Department of Defense may sell or rent any material which may have sexually explicit content. The responsibilities section determines who will be accountable for the enforcement of this rule. In this case, responsibility was assigned to the Principal Deputy under Secretary of Defense for Personnel and Readiness to monitor compliance, establish a Resale Activities Board of Review and monitor this board. This person is also responsible for appointing a chair of the Resale Activities Review Board. Also, the Secretaries of each Military Department including the Army and Navy are responsible for appointing a board member from each department. Finally, the procedures section establishes the board’s authority to determine whether or not material can be considered sexually explicit. This section also states how sexually explicit material shall be handled. In this case, it shall be returned to the distributor, but it can be resubmitted for review every five years (DoD).            There were several guidelines mentioned in the certifications section of this rule. The first is Executive Order 12866, which established that this rule is not a “significant regulatory action” (DoD). The Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) indecipherably established that this rule “will not have a significant adverse impact on a substantial number of small entities” (DoD). The Unfunded Mandates Act of 1995 (Sec 202, Pub. L. 104-4) states that the cost to fund this rule will not exceed $100 million per year. The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) states that this rule will not create extraneous paperwork. Executive Order 13132 (Federalism) states that this rule will not affect the relationship of power and balance on a national or state level. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. Chapter 6) states that the mentioned Act does not apply to this rule. Section 202, Public Law 104-4, “Unfunded Mandates Reform Act” states that this Act does not apply to this rule (DoD).                          Comments for this rule were due on or before February 17, 2006 and twenty-eight comments were received. Fourteen of these comments received a response. Although many of the comments were similar, there were slight variances. Eleven of the respondents categorically commented that the government is overstepping its boundaries and that this regulation is excessive. Although each of the comments did vary, these eleven respondents’ comments generally addressed excessive regulation. One respondent states that a consumer group should be added to the Resale Activities Board of Review, which was decline. Two respondents inquired about the underlying principle and justification for the proposed rule. These comments were not technically addressed since the response is considered a non-answer.

            Weak, insufficient and inappropriate responses to each of the comments were given. The DoD repeatedly offered the same non-answer to a variety of comments. The response to many of the comments were not related to the comments other than the general subject being the rule proposal. Each response was simply a mechanical copy and paste response with absolutely no though beyond knowledge of how to complete a sentence, which is a generously objective statement. Ten of the fourteen comments received full or partially verbatim responses. The other four responses varied only somewhat, but can still be considered non-responses since they elusively addressed the comments in the traditional political avoidant style. This rule goes into effect December 15, 2006. The proposed rule and the final rule were different in that the final rule included administrative changes, the addition of one policy, addition of the comments section and the addition of the certifications sections.  The rulemaking process allows for sufficient citizen input since it allows citizens to post comments about proposed regulations. However, using the proposed rule as an example, the comments and responses are merely a formality with little to no influence on the rule.

 Part Six: Judicial Review The political role of courts includes resolving disputes, coordination, and rule interpretation. a) Dispute Resolution – when a law or another party is violated, the court decides how to settle this dispute. This includes punishment and compensation to the victims (Lowi 176). In order to determine whether or not a violation can be validated, the courts must engage in extensive fact-finding to establish the details of the allegation. The courts address three types of law: criminal, civil and public law. Criminal law disputes include violations of health, safety and morals of the community (Lowi 177). Civil law is another type of law that is also called Private Law, which is divided into Contract cases and Tort cases. Violations of this law are more difficult to define since violations are much more subtle and difficult to prove such as negligence and slander (177). The third type of law is Public Law, which addresses disputes caused by the government. This could include actions by the government against the government or actions by the government against the citizens. b) Coordination – Lowi describes the court’s role of coordination as prevention. c) Rule interpretation – In order for the court to resolve disputes,  they must interpret laws. Interpretation creates a hierarchy in the judicial system since the decisions of higher courts weigh heavier than decisions made in lower courts. This hierarchy is fundamental for maintaining consistency when interpreting and enforcing laws (Lowi 179). In addition, the courts regulate government actions through constitutional interpretation. In order to ensure that the laws of the constitution are followed, the courts can rule for or against government and constitutional actions. In other words, the courts determine what will be allowed through interpretation. When the courts make a constitutional ruling, it cannot be argued, reversed or changed by Congress (Lowi 179). The only way to change a ruling is to change the constitution.              Describe the jurisdiction and structure of federal courts.There are different types of courts with different jurisdictions and they are structured hierarchically. The United States court system is structured with the Supreme Court as the highest and most powerful part of the judicial system. Below the Federal Supreme Court is the State court system including the State Supreme Court, State Appellate Courts and State Trial Courts, respectively. The Federal court system is structured with the U.S. Court of Appeals following the Supreme Court and the U.S. District Courts following the Court of Appeals (Lowi 181). Most court cases begin at the trial court level. If the violator wishes to appeal a ruling established in trial court, this is accomplished through the court of appeals. If an unsatisfactory ruling is still established, the violator must proceed to the supreme court. Each type of court addressed certain types of cases and do not have jurisdiction regarding other types of cases. The jurisdiction of federal courts addresses only federal law, treaties, and issues regarding the United States Constitution, and appeals from state courts (Lowi 181). Judicial review is a way for the judicial branch to regulate legislative and executive action, which is established through the constitution’s system of checks and balances. The courts have the ability to review Congressional Acts, State actions, federal agencies and the Executive branch. This allows the court to reverse decisions that are incompatible the with laws already established by the government. This also allows the courts to create laws. A law that is created by the court is common law (Lowi 191). This was clearly outlined in Marbury vs. Madison when the courts ruled that it is their responsibility to nullify a law made by Congress if it is inconsistent with Constitutional law. Each case must first be heard in an inferior trial court. Then it is heard in the State Trial Courts, then it proceeds to the Intermediate Appellate Courts, then State Supreme Courts. Then a case is referred to the supreme court through the Certiorari Discretionary review. A the federal level, a case is referred from federal agencies either to the United States District Courts or the United States Court of Appeals. If a case is referred to the U.S District Courts, it must still pass through the U.S. Court of Appeals. At this point, a case may either pass through the Certiorari Discretionary review or go directly to the United States Supreme  Court. In order for a case to reach the supreme court, the case must be controversial and there must be a significant loss or gain for the party involved. In addition, the case must be heard in a timely manner so that it is not neglected to the point that either facts change or it simply resolves itself.         The courts make their decision based on briefs from patterns of cases, interest groups or the Solicitor general. Briefs are documents that include the rationale from each attorney justifying their case. Respondent briefs suggest that the lower court’s verdict is valid. In response, a petitioner’s reply brief is submitted, which refutes the validity of a decision. After all of the briefs have been filed, oral debate takes place in an attempt to convince the court’s ruling. After oral arguments, the court considers the arguments and holds a conference during which the justices make their decision. Before a decision is made, the opinion is written. This is written by a member of the majority party and defines the decision. After the opinion has been drafted, justices that support the decision may write a concurring opinion. Justices that disagree may write a special occurrences draft. If a justice wishes to publish their special occurrences, they must write a dissenting opinion. The decisions by the courts are reach with either judicial restraint or judicial activism in mind. When considering judicial restraint, justices refer directly to the Constitution for their decisions. In contrast, judicial activism considers broader social implications when making a decision (Lowi 198). All judicial decisions must be in accordance with established legislative and executive decisions. The court’s role is to ensure that legislative and executive decisions are valid, enforceable and congruent with previously existing laws. The supreme court is limited in five ways: limited access to the bench by individuals and politicians made it difficult for the courts to stay in contact with individuals politicians and social forces (Lowi 200). Second, the courts were limited in its ability to provide relief to society in general since it deals only with particular cases and individuals. This limitation made it difficult for the courts to address society as a whole. Third, the courts have not had strong enough enforcement potential since many rulings have been ignored. Fourth, appointments tend to be biased. Since the appointment of justices is dependent upon Senate approval, this allows for political bias as a limitation. This bias affects the ruling of the courts (Lowi 201). The fifth limitation is that Congress can significantly limit and defy decisions made by the courts by changing laws, size of the courts and their jurisdiction (Lowi 201). Wyoming CourtsWyoming’s four courts include Municipal courts, Circuit courts, District courts and the Wyoming Supreme Court. Municipal courts address only violations established by each municipality and do not have jurisdiction in other municipalities (Hubbell 89). There are sixty-seven municipal courts in Wyoming and do not have jurisdiction over civil cases (Hubbell 89). Judges for municipal courts are appointed by the mayor with the council’s approval. Municipal judges are not required to have any legal qualifications. In 1997, municipal courts dealt with 61,043 cases. The terms limits in municipal courts varies from one town to another. Circuit courts address civil court cases including small claims and misdemeanors. In 2000, Wyoming circuit courts handled 100,701 misdemeanor cases. Judges in circuit courts are appointed based upon merit and are required to be lawyers with a maximum term of four years. In addition to civil and criminal cases, all appeals from the circuit and municipal courts are addressed in the district courts. In 2000, the district courts addressed 16,007 counts of civil and criminal violations. Judges are appointed based on merit, are required to be lawyers and serve a term of six years. The fourth level of the Wyoming court system is the Supreme Court. This court serves jurisdiction as an appellate court and addresses new cases. There were only 389 cases in the Wyoming Supreme Court in 2000. Judges are appointed based on merit, they are required to be lawyers and judges serve a term of eight years.             Describe the four steps in the Missouri Plan of judicial selection and retention. The four steps in the Missouri Plan (Merit Selection and Retention Plan) of judicial selection and retention include nomination, appointment, retention and further retention. The first step, nomination, delegates power of nomination to the Wyoming Judicial Nominating Commission, which includes the chief justice of the Wyoming Supreme Court, attorneys and non-lawyers (Hubbell 106). This commission is responsible for nominating contenders for justice appointment. This is different from the federal court system since a committee nominates justices rather than an individual such as the President. Their decision is based on the background, qualifications, experience and references of each nominee (Hubbell 106). The second step is appointment. The governor appoints one of the three nominees recommended by the commission. If the governor refuses to appoint a nominee, the chief justice is responsible for this decision. Although nomination of justices is different on a federal and state level, appointment is similar in that it is done by one person. In this case, it is the Governor rather than the President. The third step in this plan is retention. Since each appointee is initially obligated to a one year term, it becomes the responsibility of the public to retain this justice. This is accomplished through a majority vote of the appointee in their jurisdiction. If the majority vote is in their favor, they are issued a full term. If the justice is voted out, the process begins again with step one. This is different from the federal court system because federal justices are offered a life term rather than a quasi-probationary one year term. The final step is further retention. If a justice wishes to pursue another term, this can be accomplished through a majority vote by their jurisdiction. However, the justice may decide not to pursue another term or they may be denied another term by the voters. In this case, the process begins again at step one. Another difference between the federal and Wyoming courts is that the voters are not allowed to have any input regarding justice retention on the federal level. A similarity between the federal and Wyoming courts is that they are both organized hierarchically.

There are two different avenues of judicial procedure in Wyoming. The first is the criminal case judicial procedure. This procedure begins with an investigation and arrest. The first step toward investigation and arrest is for the police or an attorney to file a complaint. If probably cause is established, either a search warrant or an arrest warrant is issued in order to gather information and the violator is required to make an initial appearance. Next, a preliminary hearing takes place in order to establish whether or not the person appearing has committed a crime. If probable cause is evident, the defendant is arraigned, during which a plea is given. The defendant is then tried and sentenced.  The second judicial procedure applies to civil cases. This involves a complaint being filed by a plaintiff and a summons is issued to the defendant. The second step in civil judicial review is discovery, which includes fact-finding, depositions, interrogations and investigations. After the discovery stage, a pre-trial conference is held in order to attempt to settle a dispute outside of court. If the dispute cannot be held during the pre-trial conference, the plaintiff and defendant go to trial. At this point, the judge or jury decide upon the issue and the judge will sentence the defendant.

Part Seven: Civil Liberties and Civil Rights             The first ten amendments of the United States Constitution are considered the  Bill of Rights. These amendments establish basic civil rights entitled to each person. These basic rights include freedom of speech, freedom to hold your own religious beliefs, protection of privacy (including protection against unreasonable search and seizure), and the right to trial (Lowi 67). Thomas Jefferson articulately referred to the Bill of Rights as “[rights] that people are entitled to against every government on earth” (67).             Basically, civil rights and civil liberties protect the government from becoming too powerful. Civil liberties protect against the government from asserting more authority than they are entitled. These liberties protect citizens from being violated and outlines governmental restrictions. Some of the things that a government cannot do are: integrate religion into the government’s political system and seize property without consent of the owner (67). Civil liberties are protected through the institution of Procedural Liberties, which determines an appropriate protocol that the government must follow in order to justify governmental decisions and behavior. This is also called “due process of law” (67).             Civil rights, on the other hand, establish the government’s responsibility to protect each citizen. This is different from a civil liberties because it empowers the government rather than restricts it. In the event that agencies and citizens are found to be incapable of maintaining their own equality, the government steps in to enforce civil rights.  By enforcing civil rights, the government prevents oppression and discrimination against citizens by agencies or other citizens (68).             The Barron v. Baltimore case established that each American is both a national citizen and a citizen of their resident state (68). Barron attempted to sue the state of Maryland for violating his right to property when the city of Baltimore rendered his wharf useless. The federal government would not compensate him for this. By suing the state of Maryland and the Federal government, this case merged national and state law and citizenship. This means that the federal government and state laws could be separate, but both were applicable and Federal law is responsible for enforcing civil rights and liberties even if it violates state statutes. When the Supreme court ruled against Barron, they essentially denied him a basic civil right. Eventually this decision was reversed. The Bill of Rights was nationalized through Barron v. Baltimore, which established that the national government has jurisdiction and responsibility and precedence over state laws and constitutions.  The Fourteenth Amendment was important to nationalize the Bill of Rights because it confirms a national citizenship in order to ensure that civil liberties will not vary from one state to another ( Lowi 71). The Fourteenth Amendment directly addresses the states and enforces minimum civil rights. This Amendment reversed the Barron v. Baltimore decision.              Conservative judges have aimed to denationalize the Bill of Rights, while liberal judges aim to nationalize the Bill of rights. Nationalizing the Bill of Rights protects individuals and minorities mainly against the actions of state government (76). Conservative judges disagree with the First Amendment’s ‘establishment clause” which prohibited unification of church and state (76). Abortion is also an issue of controversy for the courts. Conservative judges wish to maintain their own political agenda through denationalization of the Bill of Rights. Regarding denationalization of the Bill of Rights, Lowi states, “A court with the power to expand the Bill of Rights also has the power to contract it” (77).             The Plessy v. Ferguson ruling established that “separate[ion] by race was acceptable as long as they were equal” (78). However, this was reversed in 1954. In Louisiana, it was required to segregate races  and the Supreme Court held that the Fourteenth Amendment’s “equal protection of the laws” was not violated by racial distinction as long as the facilities were equal” (Lowi 78). This allowed discrimination based upon race (Lowi 78).              Between the Plessy and Brown decisions, the Supreme Court’s attitude toward discrimination gradually shifted. Over time, the courts began to view segregation as “inherently unequal” and began ruling in support of this view (79). One of the major lawsuits representing this shift is the Brown case. Oliver Brown attempted to enroll his daughter Linda in an all-white school and was rejected. This controversy created the Brown v. Board of Education lawsuit. The Courts ruled in Brown’s favor by deciding that “the ‘separate but equal’ doctrine has no place [in public education]” (Lowi 79). This case was important because it prohibited discrimination in education on both a state and national level (Lowi 80). States and schools were very uncooperative following the Brown decision. Many of them created private universities that were not regulated by the government in order to continue segregation and discrimination. Eventually, “pupil placement” tests were integrated into school systems in order to measure aptitude without reference to race.             The Civil Rights Act of 1964 that allowed voting, employment, public accommodations and education rights in order to enforce desegregation. After desegregation became standard, many other minority groups began to demand and receive equal rights. Civil rights extended beyond education to include civil rights for other minority groups issues including gender discrimination and affirmative action laws to prohibit discrimination.

            One of the major issues currently relating to civil rights and liberties is pornography. The government has a history of attempting to suppress this industry. The basis for this crusade is unclear since it is one of the largest and most profitable industries in the United States. It is probably a very popular debate since it relates to the government’s attempt to regulate morality and impose further restrictions on a level of privacy for which it has no jurisdiction. Without defending or opposing pornography, it is a rational assumption to state that if pornography were as questionable as conservative politicians and the government would have it be, pornography would not be sold in practically every convenience store in America. On the other hand, the government does have a responsibility to regulate morality on some level, otherwise we would all continue to be living in an era that allows discrimination in every form. This ambiguous debate outlines the difference between integration and elimination of ethics in the government’s code of beliefs. However, the commonly ignored First Amendment of the seemingly dormant United States Constitution basically states that the government cannot limit freedom of speech or press. Prohibition of pornography would be a violation of what is left of the First Amendment’s existence since pornography is a form of both speech and press since it is a form of media and quasi-self-expression. 

Part Eight: Elections             There are two basic types of electoral systems. The first type is the democratic electoral system, which allows each political party to compete against one another. This type of election protects citizens from the government by allowing them to provide a certain amount of input and marginal control in governmental affairs. The second type is the authoritarian electoral system, which does not allow citizens to question or compete against the majority party in control. The second type of electoral system allows citizens only to support their government (Lowi 241).             Elections affect the policy process by forcing politicians to be responsive to the needs and expectations of the voters. If they wish to be elected for a subsequent term, they must support the interest of the general public more than their own agenda. They do not have to abandon their own political agenda, but usually it coincides with the interests of the majority of voters. In order for voters to ensure that their interests are protected through policymaking, they must elect someone who will serve this purpose. As society evolves, policies generally simultaneously evolve and this is reflected by the officials that are elected. The Voting Rights Act, for example, is reflective of a time when voters elected officials with the best interest of all people in mind. This act allowed people of all racial backgrounds the right to vote, which allowed more citizens the right to voice their opinions regarding policies (Lowi 242). In a larger sense, this act “protec[s] groups in society from abuses of governmental power” (Lowi 242).             The government regulates the electoral process through a variety of methods. The government may grant or revoke voting rights in order to prevent certain groups from voting. The votes of eligible citizens are manipulated, interpreted and translated in order to regulated the electoral process (246). Current government restrictions prohibit felons, minors and American non-citizens from voting (246). The government also attempts to prevent low-income and poorly educated people from voting by establishing inconvenient or inaccessible voting times and locations (246). In order to increase the chances of being elected, politicians have manipulated votes through gerrymandering. This allows politicians to redistribute populations into districts in order to create a higher concentration of voters likely to support their own political interests. The electoral process is also regulated by restricting the terms of elections and also deciding which positions will be elected and which will be appointed (251). Positions such as the President are indirectly elected through the electoral college with the “assumption underlying such processes was that ordinary citizens were not really qualified to choose their leaders and could not be trusted to do so directly” (252).             Voters decide to cast their votes based on “partisan loyalty, issue and policy concerns, and candidate characteristics” (255). The party that an individual most agrees with highly influences their vote. Usually, people will vote for candidates within their own party. It is not clear exactly how partisan loyalty develops, but it has been suggested that factors such as social, cultural and family values (255). On that note, voters are more likely to support a candidate who shares similar cultural values and background (257). Geographic location also seems to play a role since individuals on the west coast tend to be more independent than the stereotypically conservative east coast. Beyond partisan loyalty, the current issues represented during a campaign also influence voting decisions. Although opinions on one issue can make or break support for a candidate, voters often continue to support this candidate regardless of conflicting opinions (257).              Elections are financed through individual donors, political action committees, the candidates’ personal contributions, independent spending and public funding. Individual donors are able to finance a significant portion of their campaign expenses through direct mail. This allows the candidate to state their platform on issues while simultaneously soliciting donations from voters that are likely to support their endeavors (262). Political action committees are special interest groups that provide campaign funds to candidates who support their cause. Usually, they expect some sort of political return on their investment in each candidate. The funding that political action committees donate typically have strings attached in order to sway each candidate to make political decisions that support their agenda. Although they do not endorse candidates, it is unlikely that they will donate money to a candidate that they do not support (263). Individuals, groups and companies will often contribute to the campaigns of candidates that reflect their interests and there are no restrictions regarding the amount that independent groups are allowed to donate (263). Finally, public funding provided by the government subsidizes campaign expenses. The government will match all of the funds that have been contributed to a candidate. However, there are restrictions regarding the minimum amount raised that is necessary in order to receive matching funds. The program that supports public funding of campaigns is called the Presidential Campaign fund, which is supported through voluntary tax donations.                                 Considering that only approximately half the American population votes, it would be logical to assume that most Americans do not feel that their vote matters. This view is only partially incorrect. Each vote does matter, but only microscopically. “The probability of a single vote being decisive in a presidential election is about one in ten million” (Lowi 269). That statistic is generous considering each vote is just one among hundreds of millions of other votes. In rural areas, each vote weighs far less. For example, a vote from Wyoming really doesn’t matter. Wyoming represents only a very small portion of the electoral college and it would be practically impossible for these few votes in the electoral college to many any difference at all in the election results. With the electoral college in mind, popular votes are really quite inconsequential. The votes of the general public are merely a suggestion and bear little reflection on the electoral college in general will actually cast their votes for the Presidential election. For the most part, allowing citizens to vote is simply a formality that pacifies the general public and provides the impression that they can actually make a difference. This technique for pacification prevents unnecessary outbursts of protest (270). In contrast, smaller local elections are actually very dependent upon voting results since the number of people voting is usually much smaller. Gubernatorial elections, for example, can easily be influenced by a small number of votes. On the subject of elections, Lowi states, “Elections permit citizens to select and depose public officials routinely, and elections can serve to promote popular influence over officials’ conduct” and that, “the vote can provide the ‘least disturbing way‘ of allowing ordinary people to exercise power. If people had been powerless to begin with, elections would never have been introduced” (271). In other words, the effects of each vote are marginal, but significant enough to be noticed when combined with others to form a whole opinion. Elections are the most convenient way to monitor and support for or against the actions of a candidate.             According to the Laramie County Clerk’s website, elections may only be held during May, August or November. Federal elections are held only during even numbered years. The Primary Election is in August and the General Election is held in November (Laramie County Clerk). Elections can be held during odd numbered years only if the Board of Commissioners requests this (Laramie County Clerk). In order to register to vote during these elections, each person must be eighteen years old, be registered as only a Laramie County resident, have a solid mental capacity, a clear criminal history, and present photo identification. Voters may register at either the Town or County Clerk or at the polls the day of election. In the event that an individual is unable to be present for an election, they may cast an absentee vote as early as forty days before the election. There are two ways that Laramie County residents may cast an absentee ballot. They may either cast an absentee ballot at the Laramie County Governmental Complex Atrium, or they may contact the Laramie County Elections office to request a ballot by mail.

            Each of Wyoming’s counties are divided into voting districts that consecutively span each city and county. Each voting district is assigned a ward number, which categorizes each group of voting districts. Senate districts are larger than House districts. For each Senate District there is at least one or two House Districts that divides each Senate District. In addition, there are two Senate districts for each numerical value. For example, there are two Senate District “4”, and two Senate District “5” and so on. Senate district seven, for example, contains both the House District eleven and House District forty-three. These districts apply to all elections including federal and state elections.

 Works Consulted Lowi, Theodore, J., Benjamin Ginsberg, Kenneth A. Shepsle. American Government: Freedom and Power. New York: W.W. Norton and Company, 2006.  State of Wyoming. “elections.” Laramie County Clerk. 26 Mar. 2007
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