US Political Process: Elections, Incumbency, and Constitutional Law

Limitations on Free Speech

Sedition Act of 1918 and the Smith Act of 1940

The Sedition Act of 1918 was eventually superseded by the Smith Act of 1940.

Under these legal frameworks, citizens retain the right to criticize the government, but they cannot threaten to harm the government in a speech or advocate for its violent overthrow.

Obscenity and Offensive Speech: Miller v. California (1973)

The Supreme Court established a three-pronged test for determining obscenity, based on community standards:

1. Is the purpose of the material "prurient" (appealing to morbid or lascivious interests)? (Based on community standards)
2. Is the material patently offensive to most people? (Based on community standards)
3. Does the material lack serious artistic, literary, political, or scientific value?

Note on Community Standards: What is found offensive in one location (e.g., Georgia) may not be offensive in another (e.g., California).

The Election Process

Caucuses and Primaries

Caucuses

• A meeting of party members and voters.
• Often involves a public, "raising your hand" process.
• Approximately 11 states hold caucuses.

Primaries

• A more representative and democratic way of selecting candidates.
• Approximately 39 states hold primaries.

Key Roles in Elections

• Delegates: Individuals who attend the national conventions to nominate candidates.
• Electors: Individuals who participate in the Electoral College.

Types of Primaries

Closed Primary

When registering to vote, you must affiliate as a member of a specific party. During the primary, you can only vote in that party's primary election.

Open Primary

Voters do not have to affiliate with any party beforehand. On election day, the voter requests either the Republican or Democratic primary ballot.

Incumbency and Electoral Advantage

Definitions

• Incumbent: An office seeker who is seeking reelection. This status provides the biggest advantage in an election.
• Challenger: A new candidate running against the incumbent.

Advantages of Incumbency

1. Name Recognition: The incumbent's name is familiar to voters, leading to comfort and familiarity.
2. Franking Privilege: The candidate in office is allowed to send out mail free of charge (must be non-campaign related, but used to stay in contact with constituents and report on accomplishments). This saves significant campaign funds.
3. Staff: Incumbents already have experienced staff members and campaign workers.
4. Media Exposure: Incumbents naturally receive more media coverage due to their official duties.
5. PACs: Political Action Committees often favor incumbents.

Incumbency Reelection Rates

• House of Representatives: 95%
• Senate: 88%

Key Dates in the US Election Cycle

• Primary and Caucus Season: January through June. Iowa traditionally holds the first caucus.
• National Conventions (Summer):
  • Democratic National Convention (July): Historically larger delegate count (e.g., 4,763 delegates).
  • Republican National Convention (August).
• Election Day: The first Tuesday after the first Monday in November.
• Electoral College Meeting: The second Monday after the first Wednesday in December.