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Annotations of Current Articles on Democracy
Kanter, Arnold GUIDELINES FOR MANAGING PAINFUL DILEMMAS -- U.S. POLICY ON ARMED
HUMANITARIAN INTERVENTION (Miller Center Report, vol. 17, no. 1, Winter 2001, pp 12-17)
Since the end of the Cold War, the U.S. has engaged in a greater number of armed humanitarian interventions, but has been
inconsistent in the use of such force. The author discusses possible guidelines for intervention in the future, such as the role
our national interest should play; the gravity of the situation in the country at risk; the possibility that humanitarian
intervention would prevent of a greater future calamity; the costs and risk of an intervention; and whether the U.S. should go
in alone or as part of a multilateral effort. Available on the Internet at http://millercenter.virginia.edu/report.html. [DHR;DP
- doe: 02/23/01]
Smith, Michael J. HUMANITARIAN INTERVENTION REVISITED (Harvard International Review, Vol. 22,
No. 3, Fall 2000, pp. 72-76)
Humanitarian intervention is justified, Smith argues, if the behavior of a state results in grave threats to the peace and
security of other states and peoples, or in cases of egregious and potentially genocidal violations, even if they occur entirely
within the borders of a given state. In discussing who should undertake such an intervention, he makes a case favoring an
international policing force under the auspices of the United Nations. For all its shortcomings and contradictions, the United
Nations remains the preeminent international organization that embodies both cosmopolitan and supranational norms. The
author also says a humanitarian mission cannot be undertaken in isolation from the political circumstances of a conflict,
because without a clear sense of political direction, humanitarian aid may even prolong conflict by making pawns of the
deliverers of the aid. (PQ) [DHR;SG - doe: 02/23/01]
Carter, Jimmy FREE ELECTIONS ARE ONLY THE BEGINNING (Foreign Service Journal, vol. 78, no. 2,
February 2001, pp. 17-20)
The former president discusses the work of the Carter Center in promoting democracy around the world. He makes the point
that free elections are only one element in a democratic system, and that it is important that elections be monitored and
observed, one of the most visible activities of the Carter Center as well as other organizations. Since election rigging has
become more sophisticated, Carter says more emphasis is now placed on pre-election activities such as verifying voter rolls
and elegibility standards for candidates, and on post-election activities such as vote tabulation and announcement of results.
[DHR;DP - doe: 02/09/01]
Horowitz, Mirah A. KIDS WHO KILL: A CRITIQUE OF HOW THE AMERICAN LEGAL SYSTEM DEALS
WITH JUVENILES WHO COMMIT HOMICIDE (Law and Contemporary Problems, vol. 63, no. 3, Summer 2000, pp
133-177)
Horowitz says that Americans are demanding harsher penalties for juveniles because of the huge increase in the number of
homicides committed by them. To date, the Supreme Court has not ruled a juvenile death penalty to be unconstitutional. She
adds: "With the growing emphasis on harsh punishments for juvenile offenders, (state) legislatures seem to be moving
toward lowering the age required for imposing a death sentence." But this is opposite to the trend in much of the world, she
says. Since the end of World War II, more than 50 countries, including all of Western Europe, have formally abolished the
death penalty or limited its use to exceptional crimes such as treason. Available on the Internet at
http://www.law.duke.edu/journals/. [DHR;DP - doe: 02/09/01]
Laurent, Anne MEMO TO THE PRESIDENT (Government Executive, vol. 33, no. 1, January 2001, pp. 28-34)
As the American government's chief executive officer, President Bush will be hampered in his efforts to set strategy and
achieve politically meaningful results because the federal workforce is pockmarked with shortages in high-skill,
high-demand professions, says deputy editor Laurent. But if the president and his staff quickly set goals that include good
management high on their list, she adds, then these problems are amenable to solution. Laurent says the leading management
issues facing the new administration include setting clear priorities; holding government contractors accountable; attracting
young, technologically savvy workers to government; refocusing the budget process away from deficit control; watching
waste, fraud and abuse; focusing on agencies providing services electronically; setting performance goals for financial
management; reviewing information technology and security; and using government purchase and travel cards. (LN,PQ,DJ)
[DHR;SG - doe: 02/09/01]
Reich, Robert B. THE NEW ECONOMY AS A DECENT SOCIETY (The American Prospect, Vol. 12, No. 3,
February 12, 2001, pp. 20-23)
People's lives are becoming less and less predictable, the author argues, because of rapid changes in the new economy that
bring new innovations and opportunities. Reich, a former secretary of labor in the Clinton administration, says the menu of
choices we get to make as individual consumers or workers is shaped by the choices we make or fail to make as citizens. A
way to achieve a better social balance might be through a reawakening, renouncing the excesses of acquisitive
individualism, he adds. Tasks involved in a "new progressivism," Reich suggests, would include cushioning people against
sudden economic shock, by having full employment; widening the circle of prosperity, by increasing education opportunities;
and giving attention to the most needy, by allowing workers to have flextime hours and paid leave to care for the young and
elderly. (LN,PQ,DJ,G) [DHR;SG - doe: 02/09/01]
STATE REGULATION OF FEDERAL ELECTIONS: IDENTIFYING TERM-LIMITS OPPONENTS ON THE
BALLOT (Supreme Court Debates, vol. 3, no. 9, December 2000, p. 257)
Many Supreme Court watchers and politicians are anxiously awaiting the Court's decision in the Missouri ballot-labeling
case because of the political argument for greater federal regulation of federal elections. In GRALIKE V. COOK, the
Supreme Court will have to decide whether it is constitutional to annotate ballots with "Disregarded Voters' Instructions on
Term Limits" or " Declined to Pledge to Support Term Limits" beside candidates' names. The Missouri case centers on four
constitutional questions: infringement on a candidate's First Amendment right to free speech; the Speech and Debate Clause,
which prevents Members of Congress from being punished for their legislative actions; an Article I violation for creating
new qualification for candidates for public office; and an Article V violation for denying voters a direct voice in the
amendment process. This entire issue of SUPREME COURT DEBATES is devoted to this one case, which has wide
implications in the struggle for control of the federal election process. [DHR;ANG - doe: 01/26/01]
Greenblatt, Alan THE MAPMAKING MESS (Governing, vol. 14, no. 4, January 2001, pp. 20-23)
The United States electoral system is based on proportional representation. Each Congressman represents a district and the
district lines are redrawn every ten years as a result of the decennial population census. The round of redistricting
occasioned by the 2000 census may be one of the nastiest battles yet. Incumbent politicians wish to draw the redistricting
lines to insure their re-elections. Both democrats and republicans want to maximize their political numbers. State
legislatures will inevitably need to vote on their state's redistricting plans. In cases where no agreement can be reached,
courts will need to intervene. Also discussed in the article are the effects of term limits, minority districting, and the
political makeup of various state legislatures. The author believes that a number of factors will conspire to promote
litigation at the expense of cooperation. Available on the Internet at http://www.governing.com. (LN) [DHR;ANG - doe:
01/26/01]
Hodgson, Godfrey THE PENDULUM AND THE PIT: SPLENDORS AND MISERIES OF THE NEW
PRESIDENCY (Miller Center Report, vol. 15, no. 4, Winter 2000, pp. 17-21)
Hodgson describes how the Congress and the media impact on the President's power to enact legislation and mold public
opinion. President Woodrow Wilson argued in 1885 that though the Constitution invests the Congress with greater power,
the president was "at liberty both in law and in conscience to be as big a man as he can." The presidential role in national
security and international diplomacy demands swift and decisive executive action yet Congress limited presidential
authority in the wake of Vietnam by the War Powers Act. On the domestic agenda, the President needs to provide leadership
to cope with the requirements of an increasingly national economy. Hodgson describes President Clinton as a centrist and
laments that Clinton restricted his legislative role to small, symbolic legislative ventures. Instead of a "magnificent lion"
vision of the Presidency, Hodgson likens the Presidency to the position of a day trader, weighing public opinion, political
promises, daily press reports, Washington interests, against perceived congressional support for his programs and
appointments. Available on the Internet at http://millercenter.virginia.edu/report.html. [DHR;ANG - doe: 01/26/01]
Kriz, Margaret INVASION OF THE GREENS (National Journal, vol. 33, no. 1, January 6, 2001, pp. 22-26)
Kriz discusses Ralph Nader's presidential bid, its impact on the outcome of the 2000 presidential election and the future of
the Green party. Kroz remarks that Ralph Nader, long-time consumer advocate, may have been the spoiler in the latest
election battle. Even though Nader won only 2.7 percent of the vote, less than the five percent needed to qualify for Federal
Election Commission matching funds, he did win 97,000 votes in Florida, votes that might have helped win the Florida
election for Al Gore. Nader's plan is to move the Democratic Party's agenda to the left, away from the centrist policies of the
Democratic Leadership Council which Nader describes as turning the Democratic Party into a "crypto-Republican Party."
Environmental groups, unions and progressive think tanks supported Al Gore this election and were angry at Nader for
possibly throwing the election into Republican hands. Since the election, two Green parties have combined forces and hope
to run 1000 candidates in the 2002 congressional, state and local elections. Many unionists, environmentalists and
progressives agree that they must be ready to work with Ralph Nader and his Green party in the future. (LN,PQ,DJ,G)
[DHR;ANG - doe: 01/26/01]
Fein, Bruce; Neuborne, Burt WHY SHOULD WE CARE ABOUT INDEPENDENT AND ACCOUNTABLE
JUDGES? (Judicature, vol. 82, no. 2, September-October, 2000, pp. 58-63)
Noting that the history of attacking judicial independence dates back to Thomas Jefferson, the authors argue that judicial
impeachment should be based on deficient reasoning rather than unpopular decisions. Fein and Neuborne contend that
controversial decisions can be attained by a number of interpretive theories, rather than a single correct answer; the reason
that the public abides by the outcomes of controversial cases is that it is clear that they were not "rigged." The authors
believe that judges almost never employ untenable theories of interpretation to advance personal agendas. Fein and
Neuborne also argue against extracting commitments from judicial nominees on their votes on particular issues, such as
abortion, because it is destructive of judicial independence. They believe that a judge should be a neutral arbiter willing and
able to listen to both sides of the argument before making a decision, and should not be viewed as a politician in a black
robe. [DHR;ANG - doe: 01/12/01]
Frater, Elisabeth TESTING THE FEDERAL DEATH PENALTY (National Journal, vol. 32, no. 49, December
2, 2000, pp. 3750-3751)
Frater discusses the fate of Juan Raul Garza, a convicted drug kingpin and three-time murderer from Texas. President
Clinton will determine whether Garza's execution will be the first federal death penalty execution since 1963. A Justice
Department study issued in September suggested deeply ingrained problems with federal prosecutors' use of the death
penalty. The data reveals a higher proportion of minority condemned inmates and an apparent geographic bias: states where
citizens were more supportive of capital punishment had the largest numbers of condemned inmates. Many prominent
citizens have petitioned President Clinton requesting clemency on Garza's behalf in light of the newly released Justice
Department findings. (President Clinton has delayed Garza's execution for six months.) The article also details the judicial
and legislative background of the enforcement of the federal death penalty. (LN,PQ,EH,DJ,G) [DHR;ANG - doe: 01/12/01]
Kimberling, William C. ISSUES FOR DEBATE: STRENGTHS AND WEAKNESSES OF THE ELECTORAL
COLLEGE (Congressional Digest, vol. 80, no.1, January 2001, pp.9-11)
The author, an official with the Federal Election Commission, analyzes arguments for and against maintaining the Electoral
College. Kimberling notes that, among the drawbacks of the Electoral College is the possibility of electing a president who
did not draw an absolute majority of the national popular vote, primarily due to the "winner-take-all" mechanism, in which
the winner of the popular vote in a given state gains all the electoral votes of that state. He also notes that the Electoral
College may have a role in depressing voter turnout, as each state is guaranteed a certain number of electoral votes
regardless of actual voter participation, and that it overrepresents states with smaller populations -- though he points out that
the U.S. Senate, with two seats per state regardless of population, overrepresents smaller states far more dramatically.
However, the author points out that one of the benefits of the Electoral College is that it mitigates the dominant effect of
populous regions over rural areas, and enhances the political profile of ethnic minority groups, who generally live in
concentrated areas. By encouraging a two-party system, the Electoral College contributes to national political stability by
compelling fringe political parties to compromise divergent and often extremist views. The January 2001 issue of THE
CONGRESSIONAL DIGEST is entirely devoted to a discussion of the Electoral College. [DHR;AMG - doe: 01/12/01]
Thorson, Gregory R.; Tasina Nitzschke POLITICS AND POLICY IN THE 103RD AND 104TH
CONGRESSES: EVALUATING THE EFFECTS OF DIVIDED GOVERNMENT IN THE POST-REFORM ERA (Congress
& the Presidency, vol. 27, no. 1, Spring 2000, pp. 1-14)
Anyone who fears ultimate gridlock in the 107th Congress will find a ray of hope in this scholarly article that examines the
coalitions formed and the nature of the legislation passed during the 103rd (unified, Democratic) and the 104th (divided)
congresses. While the number of bills passed in each congress was roughly equal, the level of cooperation is significantly
greater when Congress is more evenly divided. The authors provide abundant tabular data to support their conclusion that
during periods of divided government, majority coalitions tend to be more bipartisan, and legislation is likely to be more
centrist than extreme. Several methods of measuring degrees of the liberalism or conservatism of voting records and
legislation are explained. [DHR;AMG - doe: 01/12/01]
Carney, Eliza Newlin BIG BUCKS, TINY STATE (National Journal, Vol.32, No. 49, December 2, 2000, pp.
3738-3743)
The U.S. Senate race in Delaware, in which the Republican incumbent, William Roth, lost by ten percentage points to
Democratic Governor Thomas Carper, was a case study in the 2000 election's record-breaking spending on political
campaigns, says staff correspondent Carney. Rather than there being a dramatic spike in campaign spending, she says, there
was uncontrolled, often secretive, use of cash -- so-called "soft money," brazenly embraced by both political parties and an
army of advocacy groups. Carney adds that interest groups and the parties escaped campaign finance law regulations by
running television ads that purportedly backed issues rather than candidates. She says close to $11 million was spent on the
Delaware race, yet the small state only has about a half million registered voters. (LN,PQ,DJ,G) [DHR;SG - doe: 12/15/00]
Connell, Christopher ANSWERING THE CALL: A SURVIVOR'S GUIDE FOR THE NEW CROP OF
PRESIDENTIAL APPOINTEES (Government Executive, Vol. 32, No. 13, November 2000, pp. 22-27)
One of the most challenging undertakings facing a new administration in the United States is the process of filling
presidential appointments, which includes a formal nomination, a lengthy FBI background investigation and an often difficult
Senate confirmation. Journalist Connell, in this excerpt from A SURVIVOR'S GUIDE FOR PRESIDENTIAL NOMINEES,
says Washington has become synonymous with gridlock, grandstanding and grand inquisitions, and people considering
public service face the nagging question of whether they really want to put up with the hassles that come from government
work. However, Connell points out, former officials say the time they spent in public service was the most rewarding period
of their professional lives. (LN,PQ,DJ) [DHR;SG - doe: 12/15/00]
AA00502 -- Peters, Katherine THE LONG WAIT (Government Executive, vol. 32, no. 14, December 2000, pp. 20-30)
Peters argues that Indian tribes were promised adequate health care by the government treaties that took their land away, but
generations later, most are still waiting. The responsible agency is the federal Indian Health Service. It is supposed to reach
1.5 million of the nation's 2.4 million Native Americans. But Peters says it is not doing even that. The proof, she adds, is that
Indian mortality rates for a whole range of diseases are much worse than for other Americans. She calls for much greater
funding for Native American health-care programs. (LN,PQ,DJ) [DHR;DP - doe: 12/15/00]
Schuck, Peter BENCHED (Washington Monthly, vol. 32, no. 12, December 2000, pp. 35-41)
Schuck discusses the pros and cons of having judges make the law, which is called "impact litigation." An example of such
litigation would be Brown v. Board of Education, the 1954 Supreme Court decision that, in effect, outlawed segregated
public education in the U.S. Schuck calls Brown the "mother of all impact litigation." Those who oppose such judicial
activism tend to see it as a usurpation of the powers of democratically-elected legislatures and executives, the author says.
But those who favor it tend to see it as a weapon to achieve greater social justice, although such legislation may favor the
Right or the Left. (LN,PQ,DJ,G) [DHR;DP - doe: 12/15/00]
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