2419 is a federal law that denies federal recognition of same-sex marriages and authorizes states to refuse to recognize same-sex marriages licensed in other states.. The apparent need f
Trang 1in cooperative efforts to alleviate any serious social and economic side effects resulting from major departmental realignments or other actions The office supports the secretary of defense in his capacity as chair of the Economic Adjustment Committee, an interagency group established to coordinate federal economic adjustment activities
The Washington Headquarters Service is headed by the director of administration and management It provides administrative and operational support to certain DOD activities
in the Washington, D.C., area This support includes budgeting and accounting, personnel management, office services, security, travel aid, information and data systems, and other services as required
Web site: http://www.defenselink.mil/
FURTHER READINGS DefenseLINK - Official Web Site of the US Department
of Defense Available online at www.defense.gov (accessed December 26, 2009).
U.S Government Manual Website Available online at www.
gpoaccess.gov/gmanual (accessed Decmber 26, 2009).
CROSS REFERENCES Armed Services; Arms Control and Disarmament; Executive Order; Freedom of Information Act (FOIA); Military Law
DEFENSE OF MARRIAGE ACT
OF 1996 The Defense of Marriage Act (DOMA) (Pub
L 104-199, Sept 21, 1996, 110 Stat 2419) is a federal law that denies federal recognition of same-sex marriages and authorizes states to refuse to recognize same-sex marriages licensed
in other states DOMA was passed out of the fear that a lawsuit in Hawaii would force that state to recognize same-sex marriages Under the U.S Constitution’s FULL FAITH AND CREDIT CLAUSE (Article IV, Section 1), states are expected to recognize the public acts, records, and judicial proceedings of every other state
Therefore, Congress was alarmed at the pros-pect of a gay or lesbian couple being married
in Hawaii and then going to another state and expecting that state to recognize them as legally married In addition, Congress did not want to grant same-sex couples the same federal benefits that are given to heterosexual couples who are legally married
The apparent need for the Defense of Marriage Act (DOMA) of 1996 began after the
Hawaii Supreme Court issued a ruling in Baehr
v Lewin (852 P,2d 44 [1993]) In this case three same-gender couples filed a lawsuit after being denied marriage licenses The couples alleged the state had acted unconstitutionally because Hawaii’s state constitution contains an equal rights provision, which mandates that all per-sons, regardless of gender, should be given
EQUAL PROTECTIONof the law The state marriage law did not state that licenses should be issued only to male-female couples The supreme court agreed that the state marriage law should guarantee same-gender couples equal protec-tion but did not order the state to grant the couples licenses Instead, the court sent the case back to the lower court of appeals and directed the state to prove that the inequality of marriage rights (in this case, involving same-sex mar-riages) was justified
In 1994 the Hawaii legislature changed the marriage law to explicitly state that the contract
of marriage applied only to marriages between
a man and a woman Despite this change and the reluctance of the state supreme court to address the issue again, supporters of traditional marriage around the United States voiced con-cern that same-sex marriage could be legiti-mized If this happened in Hawaii, it would generate lawsuits in other states from same-gender couples married in Hawaii seeking recognition of their new legal status These fears intensified when the Hawaii legislature failed in
1996 to pass a proposed CONSTITUTIONAL AMEND-MENTthat would overrule the court decision
In 1996, DOMA was introduced in the House of Representatives by Representative Bob Barr (R-Ga.) and in the Senate by Senator Don Nickles (R-Okla.) It passed the House by a vote
of 342–67 and the Senate by a vote of 85–14 PresidentBILL CLINTONsigned the act into law on September 21, 1996 Supporters of GAY AND LESBIAN RIGHTS had no success in stopping DOMA, in part because the vote became a referendum on the idea of gay marriage Even liberal Democrats who were staunch supporters
of gay and lesbian rights voted for DOMA, arguing that it would be better to give same-gender couples some form of legal recognition short of traditional marriage
The brief text of DOMA contains only two provisions The first provision states that no state,TERRITORY, or Indian tribe shall be required
to legally recognize a “relationship between
408 DEFENSE OF MARRIAGE ACT OF 1996
Trang 2persons of the same sex that is treated as a
marriage under the laws of another state,
territory, or Indian tribe.” This language tells
these jurisdictions that the full faith and credit
clause does not apply to same sex marriages
The second provision directs the federal
government to follow a definition of the word
marriage that means “only a legal union between
one man and one woman as husband and wife.”
Likewise, the word spouse is defined as a “person
of the opposite sex who is a husband or a wife.”
These definitions are meant to preclude a
same-sex couple that has been married in a
state from being eligible for federal benefits
such as married INCOME TAX status and SOCIAL
SECURITYsurvivor benefits In effect, DOMA bars
federal recognition of same-sex marriages
through the use of these definitions
Although opponents of DOMA argued that
it violates both the due process clause of the
FIFTH AMENDMENT and the full faith and credit
clause, they did not file a lawsuit challenging
its constitutionality By 2002, 36 states had
passed laws that bar same-sex marriages or the
recognition of same-sex marriages formed in
other states Hawaii, the state that started the
debate, passed a constitutional amendment in
1998 that gave the legislature the right to decide
on the legality of same-sex marriages In 1999
the Hawaii Supreme Court ruled that the 1998
amendment and the act of the legislature
barring same-sex marriages ended the litigation
that had been pending since 1993
Gay and lesbian organizations have shifted
their political agenda since DOMA, seeking
some lesser form of civil recognition for
same-sex couples Vermont became the first state to
enact a law recognizing civil unions between
same-sex couples (23 V.S.A § 1201 et seq
[2000]) The 2000 law came in response to a
1999 Vermont Supreme Court ruling that its
state constitution required same-sex couples to
receive the same benefits and protections given
to opposite-sex couples The court, in Baker v
Vermont (170 Vt 194, 744 A.2d 864 [1999]),
rejected the plaintiffs’ claim that as same-sex
couples they were eligible for marriage licenses
under the marriage statutes Vermont laws
reflected the common understanding that
mar-riage consists of a union between a man and a
woman
However, the court was persuaded by the
plaintiffs’ constitutional claims The plaintiffs
contended that their ineligibility for a marriage license violated their rights to the common benefit and protection of the law guaranteed by Chapter I, Article 7 of the Vermont constitu-tion By denying them access to a civil marriage license, the law effectively excluded them from
a wide array of benefits and protections, including access to a spouse’s medical, life, and disability insurance; hospital visitation and other medical decision-making privileges;
spousal support; the ability to inherit property from the deceased spouse without a will;
homestead protections; and more than 200 other statutory items The court stopped short
of legalizing gay marriage, stating that it was up
to the legislature to modify the marriage laws, create a parallel domestic partnership system, or create some “equivalent statutory alternative.”
The legislature responded with the civil union statute
The legalization of same-sex marriage by the states of Connecticut, Iowa, Maine, Massachu-setts, New Hampshire, and Vermont renewed the debate over whether DOMA is constitu-tional (The California Supreme Court’s decision to recognize same-sex marriage led California voters to amend the state Constitu-tion to prohibit it by passing ProposiConstitu-tion 8 in
2008 The Maine legislature enacted a same-sex marriage law but the voters rescinded it in the November 2009 election.) President BARACK OBAMA, prior to being elected, expressed his opposition to DOMA In an August 2009 court filing, the JUSTICE DEPARTMENT stated that the law is discriminatory and should be repealed
by Congress
FURTHER READINGS Gerstmann, Evan 2008 Same-Sex Marriage and the Constitu-tion 2d ed New York: Cambridge Univ Press.
Goldberg-Hiller, Jonathan 2002 The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights Ann Arbor:
Univ of Michigan Press.
Strasser, Mark “Same-Sex Marriages and Civil Unions: On Meaning, Free Exercise, and Constitutional Guaran-tees ” 2002 Loyola Law Journal 33.
CROSS REFERENCES Covenant Marriage; Gay and Lesbian Rights; Marriage
DEFENSE RESEARCH INSTITUTE DRI was founded in 1960 to limit the abuse of legal processes forPERSONAL INJURYcompensation through a program of education and informa-tion Since its inception, DRI has become an
DEFENSE RESEARCH INSTITUTE 409
Trang 3international organization of attorneys defending the interests of business and individuals in civil litigation The institute seeks to improve the knowledge and ability of defense attorneys and the fairness of theADVERSARY SYSTEMof justice It
is intended to be a counterpart to the American Trial Lawyers Association (ATLA), which is plaintiff-oriented The institute provides re-search facilities such as files of speeches, briefs, and names of expert witnesses, plus a small library Activities include institutes and pro-grams for lawyers, law students, the general public, and special interest groups Its members include attorneys, claims investigators, adjus-ters, insurance companies, trade associations, corporations, and groups of frequently targeted defendants such as doctors, pharmacists, engi-neers, and manufacturers
The Defense Research Institute (DRI) is organized into three divisions: the Arbitration Program, the Individual Research Service, and Transcripts of Economists: Testimony DRI also has various committees, including those with the following titles: Admiralty Law, Congressio-nal Liaison, ENVIRONMENTAL LAW, Manufacturers, Corporate Counsel, Medical-Legal, PRODUCT LIA-BILITY, Professional Liability, Property and Liabil-ity Insurance, and Workers Compensation
The institute publishes For the Defense (monthly), Brief Bank Index (annually), and a membership directory It also maintains a database of expert witnesses for defense liti-gation purposes at its Website (www.dri.org)
FURTHER READINGS DRI —The Voice of the Defense Bar Available online at http://www.dri.org/ (accessed December 8, 2009).
About DRI –Mission Statement, Awards, Scholarships, Diversity Available online at http://www.dri.org/open/
About.aspx?AspxAutoDetectCookieSupport=1 (accessed December 8, 2009).
CROSS REFERENCES Defendant; Defense.
DEFICIENCY
A shortage or insufficiency The amount by which federal income tax due exceeds the amount reported
by the taxpayer on his or her return; also, the amount owed by a taxpayer who has not filed a return The outstanding balance of a debt secured
by a mortgage after the mortgaged property has been sold to satisfy the obligation at a price less than the debt
DEFICIENCY JUDGMENT
An assessment of personal liability against a mortgagor, a person who pledges title to property
to secure a debt, for the unpaid balance of the mortgage debt when the proceeds of a foreclosure sale are insufficient to satisfy the debt
Legislation enacted during the Depression still restricts the availability of deficiency judg-ments in several states In some jurisdictions, deficiency judgments are proscribed in certain situations, whereas in other states, they are limited to the amount by which the debt exceeds the FAIR MARKET VALUEof the property Waiver, the intentional relinquishment of a known right, of the benefits conferred by antideficiency legislation contravenes PUBLIC POLICYand is ineffective
DEFICIT
A deficiency, misappropriation, or defalcation; a minus balance; something wanting
Deficit is commonly used to mean any kind
of shortage, as in an account, a number, or a balance due Deficit spending or financing involves taking in less money than the amount that is paid out
CROSS REFERENCE Federal Budget.
DEFINITIVE Conclusive; ending all controversy and discussion
in a lawsuit
That which is definitive is capable of finally and completely settling a legal question or action
A definitive judgment is final and not pro-visional; a definitive sentence mandates impri-sonment for a certain specified period of time
DEFORCEMENT The common-law name given to the wrongful possession of land to which another person is rightfully entitled; the detention of dower from a widow
Although the term includes disseisin, abate-ment, DISCONTINUANCE, and intrusion, deforce-ment especially applies to situations in which
a person is entitled to a life estate or abso-lute ownership of land but has never taken possession
410 DEFICIENCY
Trang 4To make a misrepresentation of an existing
material fact, knowing it to be false or making it
recklessly without regard to whether it is true or
false, intending for someone to rely on the
misrepresentation and under circumstances in
which such person does rely on it to his or her damage To practice fraud; to cheat or trick To deprive a person of property or any interest, estate,
or right by fraud, deceit, or artifice
Intent to defraud means an intention to deceive another person, and to induce such other
The Clerk, having identified a defect in the form of the document indicated below, and the Court, having independently determined
that the document should be stricken, it is ordered that the document be stricken from the record of this case The Clerk is hereby
directed to unfile and return this document to the party who filed it.
_ _
NOTICE OF DEFICIENCY
Judge: _ Date:
Case Number: _ Plaintiff:
Deputy Clerk: Telephone Number: _
* * * * * * * * * * * * * *
A(n) _
has been filed by _ and is considered deficient in the areas(s) noted below:
_ 1 A civil cover sheet must be filed with the complaint See LR 3.1(c).
_ 2 The document(s) must be in proper form See LR 10.1.
_ 3 The signature of the attorney of record or the party proceeding pro se is required on each document filed See F.R.C.P 11.
_ 4 A completed certificate of service as defined in F.R.C.P 5(d) is required.
_ 5 Each separate document contained therein must be identified See LR 5.1(c).
_ 6 The motion must include:
a certificate of conference or inability to confer See LR 7.1(b).
b brief in support of motion See LR 7.1(d) or LR 56.5(a).
c proposed order See LR 7.1(c).
d documentary or non-documentary evidence in a separate appendix See LR 7.1(i) or LR 56.6(a).
_ 7 A motion for leave to amend must be accompanied by a copy of the proposed amended pleading attached as an exhibit and
an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion.
See LR 15.1.
_ 8 A motion for continuance of a trial setting must be signed by the party as well as by the attorney of record See LR 40.1.
_ 9 An attorney seeking pro hac vice admission must apply for admission on an approved form and pay a $25.00 fee See LR
83.9(b).
_ 10 Additional copies are required See LR 5.1(b).
_ 11 The attorney filing the pleading is not admitted to practice in this district See LR 83.7.
_ 12 The document requires a separately signed certificate of interested persons See LR 3.1(f), LR 7.4, or LR 81.1 (a)(3)(D).
_ 13 Other _
Deficiency Judgment
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ORDER STRIKING/UNFILING PLEADING
A sample deficiency judgment.
ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,
A PART OF CENGAGE LEARNING.
DEFRAUD 411
Trang 5person, in reliance upon such deception, to assume, create, transfer, alter, or terminate a right, obligation, or power with reference to property
DEGREE Extent, measure, or scope of an action, condition,
or relation Legal extent of guilt or negligence Title conferred on graduates of school, college, or university The state or civil condition of a person
The grade or distance one thing may be removed from another; i.e., the distance, or number of removes that separate two persons who are related by consanguinity Thus, a sibling is in the second degree
of kinship but a parent is in the first degree of kinship
DEL CREDERE [Italian, Of belief or trust.] An arrangement in which an agent or factor—an individual who takes possession and agrees to sell goods for another—
consents for an additional fee to guarantee that the purchaser, to whom credit has been extended,
is financially solvent and will perform the contract
As the result of a del credere agency, the del credere agent becomes a surety of the purchaser
If the purchaser defaults, the agent is responsi-ble to the principal for the outstanding amount
A del credere commission is the extra fee paid
to the agent for such promises
DELECTUS PERSONAE [Latin, Choice of the person.] By this term is understood the right of partners to exercise their choice and preference as to the admission of any new mem-bers to the partnership, and as to the persons to be so admitted, if any The doctrine is equally applicable to close and family corporations and is exemplified in the use of restrictions for the transfer of shares of stock
DELEGATE
A person who is appointed, authorized, delegated,
or commissioned to act in the place of another
Transfer of authority from one to another A person to whom affairs are committed by another
A person elected or appointed to be a member
of a representative assembly Usually spoken of one sent to a special or occasional assembly or convention Person selected by a constituency and authorized to act for it at a party or state political convention
As a verb, it means to transfer authority from one person to another; to empower one to perform
a task in behalf of another, e.g., a landlord may delegate an agent to collect rents
DELEGATION
A sending away; a putting into commission; the assignment of a debt to another; the entrusting of another with a general power to act for the good of those who depute him or her; a body of delegates The transfer of authority by one person to another The body of delegates from a state to a national nominating convention or from a county to a state
or other party convention The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit
is collectively spoken of as a delegation
Delegation of powers, for example, occurs when
a government branch in which authority is placed imparts such authority to another branch or to an
ADMINISTRATIVE AGENCY The U.S Constitution dele-gates different powers to the three branches of government: the executive, legislative, and judicial However, certain powers may not be transferred from one branch of government to another, such
as the congressional power to declare war Congress has wide latitude in delegating powers
to administrative agencies, and the breadth of the powers given to these agencies has led to a per-ception that administrative bodies are a “fourth branch” of the U.S government On a few occa-sions, mostly in the early twentieth century, the U.S Supreme Court has applied the “non-delegation doctrine,” which restricts the ability of Congress to delegate responsibilities reserved for one of the three branches of government established in the Constitution However, the Court has seldom invoked this doctrine and rarely finds that Congress has exceeded its authority in delegating powers to agencies Legal scholars nevertheless continue to debate what the proper limits of congressional delegation should be
CROSS REFERENCE Administrative Law and Procedure.
DELIBERATE Willful; purposeful; determined after thoughtful evaluation of all relevant factors; dispassionate
To act with a particular intent, which is derived from a careful consideration of factors that influence the choice to be made
When used to describe a crime, deliberate denotes that the PERPETRATOR has weighed the motives for the conduct against its consequences and the criminal character of the conduct before deciding to act in such a manner A deliberate person does not act rashly or suddenly but
412 DEGREE
Trang 6with a preconceived intention Deliberate is
synonymous with premeditated
DELICTUM
[Latin, A fault.] An injury, an offense, or a tort—
a wrong done to the property or person of another that
does not involve breach of contract Culpability;
blameworthiness of a criminal nature, as in the Latin
phrase in pari delicto—in equal fault or equally
criminal—used to describe accomplices to a crime
An actio ex delicto is a lawsuit based upon
the commission of a tort, as opposed to an actio
ex contractu, an action for breach of contract
DELIVERY
The transfer of possession of real property or
personal property from one person to another
Two elements of a valid gift are delivery and
donative intent Delivery is not restricted to the
actual physical transfer of an item—in some cases
delivery may be symbolic Such is the case where
one person gives land to another person Land
cannot be physically delivered, but delivery of the
deed constitutes the transfer if coupled with the
requisite intent to pass the land on to another
Similarly, delivery can take place in a
situation where goods are set apart and notice is
given to whoever is scheduled to receive them
This is known as constructive delivery
DEMAND
Peremptory allegation or assertion of a legal right
A demand is an emphatic claim, which
presumes that no doubt exists regarding its legal
force and effect It is a request made with authority
A money demand is a demand for a fixed
sum of money that arises out of an agreement or
contract Commercial paper is frequently
pay-able on demand or immediately upon request
A legal demand is one that is made by a
lawfully authorized individual and is proper as
to form, time, and place
DEMEANOR
The outward physical behavior and appearance
of a person
Demeanor is not merely what someone
says but the manner in which it is said Factors
that contribute to an individual’s demeanor
include tone of voice, facial expressions,
ges-tures, and carriage
The term demeanor is most often applied to a witness during a trial Demeanor evidence is quite valuable in shedding light on the credibility of a witness, which is one of the reasons why personal presence at trial is considered to be of paramount importance and has great significance concerning the hearsay rule To aid a jury in its determination
of whether or not it should believe or disbelieve particular testimony, it should be provided with the opportunity to hear statements directly from
a witness in court whenever possible
DEMISE Death A conveyance of property, usually of an interest in land Originally meant a posthumous grant but has come to be applied commonly to a conveyance that is made for a definitive term, such
as an estate for a term of years A lease is a common example, and demise is sometimes used synony-mously with “lease” or “let.”
DEMOCRATIC-REPUBLICAN PARTY The JeffersonianREPUBLICAN PARTY, better known as the Democratic-Republican Party, is an ancestor of the modern DEMOCRATIC PARTY It evolved in the 1790s during the early days of George Washing-ton’s presidency Washington had been unani-mously chosen president in 1789 and had a broad base of support THOMAS JEFFERSON served as Washington’s secretary of state, while ALEXANDER HAMILTON served as secretary of the treasury
Jefferson and his followers favored states’ rights and a strict interpretation of the Constitution They believed that a powerful central government posed
a threat to individual liberties They viewed the United States more as aCONFEDERATIONof sovereign entities woven together by a common interest
Hamilton and his followers argued that a strong central government was essential to the unity of the new nation They favored a broad interpretation of the Constitution, which they saw as a document that should evolve with the country as it grew
Virtually all the leading political figures
of the new country, starting with Washington, believed that political parties would polarize citizens and paralyze government Hamilton and Jefferson agreed with this notion, but by 1793 the two groups that they represented had broken off into separate factions Hamilton’s group became the Federalists, while Jefferson’s faction adopted the name“Democratic Republicans.”
One of the earliest and most divisive differences between the Federalist and the
DEMOCRATIC-REPUBLICAN PARTY 413
Trang 7Democratic-Republicans was how they appro-ached Britain and France The Federalists believed that American foreign policy should favor British interests, whereas the Democratic-Republicans wanted to strengthen ties with the French The Democratic-Republicans supported the government that had taken over France after the revolution of 1789
On economic matters, the Jeffersonians differed strongly with the Federalists The Democratic-Republicans believed in protecting the interests of the working classes—merchants, farmers, and laborers They believed that an agrarian economy would best serve these citizens
They saw the establishment of a national BANK
OF THE UNITED STATES(which Hamilton strongly favored) as a means of usurping power that belonged to individual states, and they also believed that it would be tied too closely to the rich The Federalists saw industry and manu-facturing as the best means of domestic growth and economic self-sufficiency They favored the existence of protective tariffs on imports (which had Congress had adopted in 1789) both as a means of protecting domestic production and
as a source of revenue
The ratification in 1795 of Jay’s Treaty (named after JOHN JAY) sparked anger at the Federalists from a wide array of citizens The British were still in control of fur-trading posts
in the Northwest Territories, and they were accused of encouraging Indians to rise up against the Americans British ships were seizing Ameri-can ships and impressing AmeriAmeri-can sailors;
they were also prohibiting American ships from engaging in trade with the West Indies Jay, the chief justice of the U.S Supreme Court, was sent to England as an envoy and returned with a treaty that gave the British a deadline for leaving the fur posts Almost none of the other issues was addressed A particularly unpopular provi-sion of the treaty called for the U.S to settle pre-Revolution debts to the British, totaling
$2.6 million
Jeffersonians, and even many Federalists, felt that the treaty had been too generous to the British, although Hamilton saw it as a necessary action because Britain generatedTARIFF
revenues through its exports In 1796 JOHN ADAMS (a Federalist) was elected the nation’s second president with 71 electoral votes, defeat-ing Jefferson by three votes Jefferson became vice president
Meanwhile, relations with France were deteri-orating rapidly The notorious “XYZ Affair” in
1796 was typical of what Jeffersonians saw as the weakness of Federalism The XYZ AFFAIR
involved an unsuccessful attempt by a French agent to exact bribes in exchange for France’s cooperation in negotiating an international trade treaty France, angered by the pro-British Jay’s Treaty, began to interfere with American ships An American delegation was sent to France, and the French demanded a loan to the French government as well as a $240,000 bribe Although American public opinion hard-ened against the French, President Adams tried
to repair the situation diplomatically, which angered many Federalists who thought that declaring war on France was the best course of action This split within the FEDERALIST PARTY
helped to ensure Jefferson’s victory in the 1800 presidential election Democratic-Republicans also won a majority of the seats in Congress Jefferson’s party dominated American poli-tics for the next two decades One reason was that the Jeffersonians proved themselves to be willing to adapt to change An example was the
LOUISIANA PURCHASE of 1803 As a Republican, Jefferson initially felt that the president did not have the power to make such a large purchase (828,000 square miles) He recognized, however, that the price of $15 million (about three cents per acre) was a significant bargain, and that the purchase would double the size of the U.S and also eliminate the danger of having an imperi-alist French colony on its border He went against his partisan instinct and made what he believed was the right decision for the country During theWAR OF1812, Jefferson’s succes-sor, JAMES MADISON, battled the British overseas and the Federalists at home Many Federalists, especially in the New England states, felt that the war would irreparably damage their ability
to trade by sea with Europe Their opposition to the war the Federalists were soundly defeated
in the 1816 presidential election The new president, JAMES MONROE, presided over a time
of relative political calm during which many Federalists came to support the Republicans This period was known as the “Era of Good Feeling,” and although Monroe enjoyed wide support during his two terms in office, various factions were developing within his own party
In the election of 1824, JOHN QUINCY ADAMS
was elected president, narrowly defeating War
414 DEMOCRATIC-REPUBLICAN PARTY
Trang 8of 1812 military heroANDREW JACKSON Although
both were Democratic-Republicans, Adams’s
political philosophy was closer to that of the
Federalists, and during his term in office the
party split into two main factions When
Jackson ran for president in 1828, he ran as a
Democrat—and won handily Adams’s wing
of the party became known as the National
Republicans, many of whom later formed the
WHIG PARTY
FURTHER READINGS
Bell, Rudolph M., 1974 Party and Faction in American
Politics: The House of Representatives 1789–1801
West-port, Conn.: Greenwood.
Cunningham, Noble E., 1963 The Jeffersonian Republicans
in Power: Party Operations, 1801–1809 Chapel Hill:
Univ of North Carolina Press.
Democratic-Republican Party Web site Available online
at http://democraticrepublicanparty.org/ (accessed
September 1, 2009).
DEMOCRATIC PARTY
The modern Democratic Party is the descendant
of the DEMOCRATIC-REPUBLICAN PARTY, an
early-nineteenth-century political organization led
by THOMAS JEFFERSON and JAMES MADISON Also
known as the JeffersonianREPUBLICAN PARTY, the
Democratic-Republican Party began as an
antifederalist group, opposed to strong,
central-ized government The party was officially
esta-blished at a national nominating convention in
1832 It dropped the Republican portion of its
name in 1840
Despite destructive struggles and
philosoph-ical shifts, the Democratic Party remains a
dominant political force in the United States
The Democrats compete for office with the
Republicans, their counterparts in theDE FACTO
U.S two-party system though third-party
can-didates and independents have experienced
increasing success at both the state and federal
levels, with Minnesota governor Jesse Ventura,
a former professional wrestler and Navy Seal,
one example He won the gubernatorial race
as a member of the state’sREFORM PARTY
The Democratic Party of the early 2000s
supports liberal government policies in social
and economic matters The early party
dis-approved of federal involvement Jefferson,
Madison, and James Monroe—Virginians who
were each elected president of the United
States—favored limited powers for the national
government
The fundamental change in Democratic philosophy was the result of fluid coalitions and historical circumstance The master coalition builder and founder of the modern Democratic Party was ANDREW JACKSON, a populist presi-dent who was portrayed as a donkey by political satirists Jackson transformed presidential poli-tics by expanding party involvement (The donkey later became the symbol for the Demo-cratic Party.)
The transformation began after Jackson’s first unsuccessful bid for the White House In the 1824 presidential election, Jackson won the popular vote but failed to win a majority in the ELECTORAL COLLEGE The U.S Constitution requires the House of Representatives to select the president under these circumstances When the House chose JOHN QUINCY ADAMS, Jackson was incensed and began a four-year campaign
to win the next presidential election With help from political adviser and future president
MARTIN VAN BUREN, Jackson won the presidency
in 1828
Jackson had benefited from growth in the nation’s population and from laws that increased the number of U.S citizens eligible to vote In the 1824 presidential election, about 365,000 votes had been counted In the 1828 election, more than 1 million votes were cast, an increase that clearly helped Jackson, the so-called people’s president
In reaching his goal, Jackson laid the groundwork for a strong party system He set
up an efficient Democratic political organiza-tion by forming committees at the local, district,
Supporters of the Democratic Party advocate for change during a Democratic rally in 2008.
AP IMAGES DEMOCRATIC PARTY 415
Trang 9and state levels; holding rallies and conven-tions; generating publicity; registering new voters; and getting people to the polls
Jackson also backed the newly created convention system for nominating presidential candidates and was himself nominated for reelection at the 1832 Democratic convention
The original purpose of conventions was to allow local input in the political process In Jackson’s time, conventions were forums for debate and deal making
As the Democratic Party changed in form and purpose, alliances became more difficult Relations between southern and northern Democrats were increasingly strained Southern states sought the reduction of tariffs, or taxes on imports, whereas northern states favored tariffs
to safeguard their manufactured goods Some southern Democrats suggested that individual states could nullify federalTARIFFlaws
Even more troublesome was the issue of states’ rights andSLAVERY The regional split within the party widened over the designation of new territories as free or slave states The breaking point was the 1860 national convention The Democrats were divided: The southern faction favored John C Breckinridge, and the north-erners selected STEPHEN A DOUGLAS Although Douglas advocated limited national control, or popular sovereignty, the southern delegates were not appeased Republican nominee ABRAHAM LINCOLN capitalized on the dissension in the Democratic Party and won the election
Following Lincoln’s election came a 24-year spell with no Democrat in the White House After the Civil War, Democrats were denounced
in the North because they had not supported legislation to finance the war or to enlist new soldiers Meanwhile, the South became solidly Democratic in response to the Republicans’ unpopular Reconstruction policies
During the nineteenth century, the Democrats also created powerful urban political machines such as New York City’sTAMMANY HALL In these systems, people were offered political jobs or money in exchange for voter loyalty Immi-grants tended to support the Democratic Party and machine politics as a way to gain a foothold
in their new country Unfortunately, the machines became sources of corruption andGRAFT
In 1884 Democratic nominee Grover Cleveland, of New York, was elected president with a pledge to end political patronage and support for the gold standard Again, factional-ism undermined Democratic strength WILLIAM JENNINGS BRYAN, a powerful Democratic orator, supported free coinage of silver currency He tapped into the discontent of southern and western farmers who sought government
ILLUSTRATION BY GGS
CREATIVE RESOURCES.
REPRODUCED BY
PERMISSION OF GALE,
A PART OF CENGAGE
LEARNING.
Democratic National Convention Sites,
1832 to 2008
1856 Cincinnati
1860 Baltimore a
1868 New York City
1880 Cincinnati
1900 Kansas City, MO
1920 San Francisco
1924 New York City
1936 Philadelphia
1948 Philadelphia
1960 Los Angeles
1964 Atlantic City
1976 New York City
1980 New York City
1984 San Francisco
1992 1996 2000 2004 2008
New York City Chicago Los Angeles Boston Denver
a An earlier convention, held in Charleston, South Carolina, had resulted in a split ticket in the party The official nomination was made at the Baltimore convention.
available online at http://www.demconvention.com/
history/ (accessed on August 7, 2009).
Year Site
416 DEMOCRATIC PARTY
Trang 10assistance He also drew support from the labor
movement With Bryan as the unsuccessful
Democratic presidential nominee in 1896, 1900,
and 1908, the party’s original position on limited
government was all but abandoned
Factionalism was the party’s strength as
well as its weakness It gave minority interests a
chance to be heard But successful coalitions
among the different interests were difficult to
achieve The traditional Democratic alliance
consisted of labor supporters, immigrants,
farm-ers, urban interests, and southern populists
Later, African Americans and northern liberals
joined the coalition
After Bryan’s losses, the Democrats were
determined to regain the White House In 1912
former Princeton University president
Woo-drow Wilson won the nomination on the
forty-sixth ballot of the Democratic convention A
liberal reformer, Wilson defeated Republican
WILLIAM HOWARD TAFTand third-party candidate
THEODORE ROOSEVELT Wilson’s accomplishments
as president included lowering tariffs,
establish-ing the FEDERAL TRADE COMMISSION, backing
anti-trust legislation, and leading the country during
WORLD WAR I However, the Republicans
regained the presidency in 1920 with a huge
victory byWARREN G.HARDING
The Republicans prevailed for the next
decade Finally, in 1932, the Democratic Party
triumphed at the polls with the election of New
York’s FRANKLIN D ROOSEVELT Roosevelt
intro-duced his sweepingNEW DEAL to pull the nation
out of the Great Depression Ambitious
govern-ment programs helped many businesses and
millions of people who had been struggling
economically The Roosevelt administration
openly embraced social welfare programs and
economic regulation Elected president in 1932,
1936, 1940, and 1944, Roosevelt was the only
president in U.S history to win four terms in
office, before the constitutional limitation of two
consecutive terms was put in place in 1951 with
the ratification of theTWENTY-SECOND AMENDMENT
to the U.S Constitution He also steered the
nation through most ofWORLD WAR II
After Roosevelt’s death in 1945, Vice
Presi-dent HARRY S TRUMAN assumed the office of
president In 1948, after Truman had supported
keyCIVIL RIGHTSlegislation, a cadre of southern
Democrats rebelled by joining the Dixiecrat
Party, a group advocating states’ rights and
SEGREGATION The Dixiecrats eventually disbanded,
and some southern Democrats switched to the Republican Party This shift began in earnest with the election of DWIGHT D EISENHOWER in
1952 and peaked with the election of RONALD REAGANin 1980 and 1984
In 1960 Democratic nominee JOHN F
KENNEDY became the first Roman Catholic to hold the office of president Kennedy’s admin-istration established the Peace Corps; weathered the CUBAN MISSILE CRISIS, in which it convinced the Soviet Union to dismantle long-range nuclear missile sites in Cuba and return the missiles to Russia; and lent support to integration efforts in the South After Kennedy’s ASSASSINA-TION in 1963, Vice PresidentLYNDON B.JOHNSON
was sworn in as president He later defeated Republican BARRY M GOLDWATER for the chief executive position in the 1964 general election
Johnson strongly supported civil rights, a position that further eroded the Democrats’
base of southern whites and northern labor and ethnic voters Johnson’s policies for U.S mili-tary involvement in Southeast Asia made him unpopular at home and abroad In 1968, after Johnson declined a reelection bid, the Demo-crats held a tumultuous convention in Chicago that tarnished the image of party leaders and Chicago police As protesters and police officers clashed on the streets, convention delegates nominated Minnesota’s HUBERT H HUMPHREY, despite a groundswell of support for VIETNAM WAR critic EUGENE MCCARTHY Humphrey lost the general election to Republican RICHARD M
NIXON
In 1976, then-governor JIMMY CARTER, of Georgia, reclaimed the White House and the South for Democrats Carter served one term, losing the 1980 election to Republican Reagan
Another southern Democrat, then-governorBILL CLINTON, of Arkansas, won the presidency in
1992 and again in 1996, becoming the first Democratic president to win reelection since Franklin D Roosevelt
Under Bill Clinton, the Democratic Party was led to what many believed to be a centrist position After the failure of his healthcare plan
in the early part of his term, Clinton backed welfare reform and ran a surplus in spending through most of his presidency At the same time, Clinton did not shrink from all liberal positions, vetoing Republican efforts to ban partial-birthABORTIONand to reformBANKRUPTCY
laws to help creditors, among other things, and
DEMOCRATIC PARTY 417