Chapter 18: Social Policy

1. Chapter 18: Social Policy

2. Welfare Reform • Definition: • Should the federal government give money to the poor, what determines if a poor individual is “deserving: or not, how much should the federal government give? • Sources/Origins: • Established during the Great Depression • provides aid to those with little or no income • remained under federal control until the Clinton administration (due to complaints that welfare recipients were abusing the system) passed a law in 1996 that gave control of the welfare system back to the states. • Clinton’s “Personal Responsibility and Work Opp. Reconciliation Act” (PRWORA) provisions: • Each state receives money to run own welfare program • Recipients must find work within 2 years or lose benefits • Max. of 5 years of welfare • Impact • AARP – pro

3. Medicare Reform • health insurance for those ages 65 and up, under 65 with certain disabilities, and any age for those with kidney failure. • 4parts • A. helps pay for hospital costs • B. helps pay for medically-necessary doctors’ services and other outpatient care • C. combination of both plus additional services for a monthly premium. • D. helps pay for medicine • Fear of leading to socialism • Unearned entitlement provided at others expense • Costly to maintain • AARP, AAHP (more prescription drug benefits)AFL-CIO, AMA, AHA, (more payment for treating Medicare patients) • Public’s fear that Medicare's costs exceed benefits causes reluctance to support the current program

4. Medicare Cont’d

5. Stem Cell Research • What is it: • Stem cells can be induced to become tissue or organ specific cells with distinct functions • President Clinton’s admin. - Dickey-Wicker Amendment (1995) prohibits the Dept of Health and Human Services from using appropriated funds for the creation of human embryos for research purposes or for research in which human embryos are destroyed. • Obstacles: • use of stem cells from fetuses – these stem cells provide the quickest and best way to create specific cells b/c cells have not been differentiated – but at what cost? • Impacts: • President Bush’s administration - Stem Cell Enhancement Acts = vetoed by the president. The Acts, actually a misnomer for a series of bills, proposed to appropriate federal funds for additional research on embryonic stem cells. Finally, President Obama’s executive order in the March of 2009 reversed the previous legislations by President Bush that restricted the expansion of stem cell research; with this decision, Obama shows unyielding support for the cause of embryonic stem cell research.

6. Abortion Policy • What is It • Rights of the unborn child vs. rights of the mother • Obstacles • gov’t interference in woman’s choice goes against due process idea of fed. Gov’t • In cases like rape, should women be allowed to get an abortion? • Impact • Griswold vs. CT • Roe vs. Wade • Center for Media and Public affairs study - over a period of nine months, major TV networks used “pro-choice” in 74% of there abortion references–rights advocates and used “pro-life” in only 6% in their references. abortion-right activists were quoted almost twice as often as their antiabortion counterparts. * Media = pro choice bias

7. Ban on Assisted Suicide • Definition: • suicide of a patient, usually somebody who is terminally ill, that is aided by a caregiver or especially a physician, by the express wish and consent of the patient • Sources/Origin: • Right to die? • How much is assisted suicide based on religion/faith? • Legal in Oregon, Washington, Montana • Impact: • Both public opinion and media show very little support for assisted suicide • National Right to Life Committee and Oregon Right to Life filed amicus curiae to sway court decisions against assisted suicide on federal level

8. Death Penalty • Definition: Legality of killing a criminal who has committed a heinous crime • Obstacles • 2008 - SCourt held that it was cruel and unusual punishment to use the death penalty against individuals convicted of raping a minor. 13/50 states – death penalty abolished 5/50 states – have not carried out recent executions • Argument - violation of human rights, esp. if the individual is innocent. • Impact: • Furman v. Georgia (1972) • Gregg v. Georgia (1976)

9. Gun Control • Media bias is in favor of the NRA’s view of the Second Amendment to protect individual gun ownership. Many people criticize the media for allowing the media to feature the NRA’s Second Amendment views on coverage.

10. Megan’s Law • Definition: • Requires law enforcement to make info available to public on sex offenders and where they live • Origins/Sources • Megan’s Law, NJ, laws put in action after many sex crimes committed by repeat offenders occurred in 1992, Federal Sexual Offender Act of 1994 • Community Action groups as well as victims families have pushed for such laws • Obstacles • Some attacks on this law occur on the grounds that it acts post ex facto • Impact • Large scale consensus in both parties exists for this law • Law enforcement agencies work together to give access to people. • Federal Law supplements preexisting State Laws in most states • Media has publicized this and especially the ability of individuals to easily access this information • Public favor these laws as they add a sense of security to a community • In Connecticut Dept. of Public Safety v. Doe (2002) and Smith v. Doe(2003), the Supreme Court affirmed the ability of the government to enact the law

11. Gay Marriage • What is it • Gay marriage considered “proper” marriage? • What constitutes a “family” • Obstacles • Against religion? • Impact: • In the 2004 election, the 11 states that had gay-marriage on there ballot received heavy media attention. In swing states such as Ohio and Pennsylvania, the media war over gay marriage was widespread. • A couple of pro-gay groups have stated that media outlets fund them. An example is the National Lesbian and Gay Journalists Association, which is heavily funded by Hearst newspapers, CBS news, CNN, Gannett, NBC, Los Angeles Times, and Fox News. • Legal in CA, CT, MA, DC, IA, NH, VT • Congress support civil unions over marriage for gay couples • Don’t Ask Don’t Tell repealed • CA Prop. 8 repealed but stay extended indefinitely • Public opinion divided evenly

12. Affirmative Action • Definitions: • it is a limitation on the number of terms an individual can stay on a particular political position • meant to stop monopoly • Sources/Inspiration: • racism • Obstacles: • Disadvantaged students have had the resources of an excellent public or private school education, tutoring, and prep classes, a nurturing family, a stable family and so forth. People have fought for Affirmative Action so minorities and women can have an equal chances of getting job or college. • Impacts: • 1995, headlines, visuals, highlighted quotes, and story-line emphasis demonstrated conflict b/w white and blacks. Media portrayed African-Americans gaining at expense of whites. Ex. Newsweek cover showed a black fist and a white fist, under the headline, “Race and Rage.” • media has historically biased the affirmative action subject toward Whites and Blacks. • Grutter vs. Bollinger (1997) Grutter (white from Mich.) applied to UMich Law School. She a 3.8 GPA and LSAT score of 161. denied admission - law school admitted that it used race as an admission factor because it serves a “compelling interest in achieving diversity among its student body”. At SCourt, held that the Equal Protection Clause does not prohibit School’s use of race to diversify student body • Public opinion leans away from affirmative action • CA supreme court upholds ban on affirmative action 2010

13. No Child Left Behind • What is It • Act (proposed and signed into law under the Bush administration) requires states to develop assessments in basic skills to be given to all students in certain grades if those states are to receive federal funding for schools. • No national achievement standard – standards set by each individual state. • Sources/Inspiration • Improve mathematics and language skills of students around the country • Obstacles • Teaching to test – lack of creativity in classroom • Impacts: • Original act received support from both parties in Congress • NEA and other major teacher unions – con • Not effective • Mixed grades on standardized tests • State and local should have authority over education • Due to complaints, Obama proposes “Race to the Top” and education and reform

14. Constitutional Amendment Banning Flag Burning • Definition: • Proposed amendment to prohibit the burning of the flag (or defacement, etc.) • Sources/Inspiration: • Is flag burning protected by our Constitution – freedom of speech and expression or should our national symbol be protected • Obstacles: • The latest flag burning amendment that was going to ban flag burning failed to pass by one vote in the Senate in 2006. The 66-34 tally in favor of the amendment was one less than the two-thirds required. • Impacts: • Texas v. Johnson (1989) – invalidated prohibitions to flag burning • June 27, 2006 - most recent attempt to pass a ban on flag burning rejected by the Senate • U.S. vs. Eichman (1990) = challenged Flag Protection Act, 5-4 decision supported Eichman

15. Term Limits • Definitions: • it is a limitation on the number of terms an individual can stay on a particular political position • meant to stop monopoly • Sources/Inspiration: • For the President, term limit is 2 terms (8 years) – 22nd amendment • George Washington – inspiration for term limits – after his two terms in office, he chooses not to run again – setting precedent for recent presidential terms. • 22nd Amendment • Obstacles: • U.S. Limits Inc. V. Thornton- A case in the Supreme Court that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. • Impacts:Has created a sense of urgency in incumbents to get things done quickly in office. (Leads to rushed policies). • Results in a number of special elections.

16. Campaign Finance Reform • Definitions: • Change the way money is spent in politics – especially political campaigns • Sources/Inspiration: • It attempted to restrict the influence of wealthy individuals by limiting individual donations to $1,000 and donations by political action committees (PACs) to $5,000 - It was amended in 1974 with the introduction of statutory limits on contributions, and creation of the Federal Election Campaign Act (FECA) • Obstacles: • Buckley V. Valeo – Scourt Case - upheld federal law setting limits on campaign contributions - ruled that spending money to influence elections is a form of constitutionally protected free speech. • Impacts: • Bipartisan Campaign Reform Act =  prohibiting national political party committees from raising or spending any funds not subject to federal limits, prohibiting issue advocacy ads being paid by corporations or  by an unincorporated entity using any corporate or union general treasury funds