Saturday, February 15, 2020

Law and Change



Among the biggest topic of discussions for pre-law advising are ongoing changes to the law school admission process and the administration of the LSAT (Law School Admission Test). Starting with the July administration, the LSAT is moving to an all-digital format. July administration sites will be randomly assigned either the traditional pen-and-paper exam or the digital exam (administered on a Surface Pro tablet). Digital test-takers will be given scratch paper and a pen-stylus) and a brief orientation on how the tablet and its functions. The writing sample process has also changed and is now administered by LSAT Writing is a proctored, on-demand writing exam that is secure proctoring software that is installed on the candidate’s own computer.



Starting with the September 2019 test administration, there are now limits on how many times individuals may take the LSAT (no more than 3 times in a single year or five times within the current and five past testing years, and no more than 7 times over a lifetime). Additionally, any person who scores a perfect (180) within the current and five-year period is not permitted to retake the exam. These limitations are not retroactive and can be appealed for exceptional circumstances.

Among the other changes to the law school admission process is the importance of the non-required application materials (interviews, addenda, and points of contact) and the increasing expectation for applicants to address why law school (and why now) as well as how they expect to use their legal training – all of which make the non-LSAT part of the application process increasingly important.
Changing too, is the way in which law schools deliver their curriculum with an increasing focus in many on the development of practical and experiential training so that law graduates are client and practice ready. This shift in focus makes in even more important that students come into law school with a broader base of knowledge and strong skills in reading, writing, and critical thinking. Law schools are additionally recognizing the need for greater support of law student (and attorney) well-being. Law is a competitive and demanding profession and more law schools are providing more student support (a factor that applicants should add to their list of considerations when applying to law schools).

What has not changed is what law schools are looking for in prospective applicants. There is no single pathway or major that is desired by way of undergraduate preparation. Indeed, surveys of law school faculty continue to rank majors like English, Philosophy, History, and Political Science higher than pre-law or legal studies (i.e., law-oriented majors) in terms of desired undergraduate preparation. What law schools desire most are students with strong writing skills, strong analytical abilities, the ability to closely-read text, and excellent time-management. Increasingly, admissions recruiters are interested in life-experience and diversity of interests and academic backgrounds which is why more schools are accepting the GRE in lieu of the LSAT to attract more STEM-major applicants, and why non-traditional applicants, or those who have gap-years with employment and professional experience, are attractive applicants.

Bringing it Back to Daemen

Whatever you major, pre-law advising offered through the History and Political Science Department, can help you navigate the application process and point you toward helpful resources. Career Services offers substantial support in building your resume, interviewing, and self-promotion (marketing) skills. You can find information and links about the law school application process, items of interest (including LSAT workshop, prep courses, and discount offers) and a variety of useful links on the Daemen College PLSA website: https://sites.google.com/a/daemen.edu/daemen-college-pre-law-student-association-plsa/.  You can join the PLSA through DC Link or Daemen Connect for information about the club and its related activities.

Reflections from the ICON-S and the National/International Context

When public law scholars convened at Pontifical Catholic University of Chile in Santiago last summer for the ICON-S, the International Society of Public Law’s, annual Conference -- one of the largest gatherings of international legal scholars from a range of academic disciplines (political science, law, history) -- the conference centered on an overarching question, what is the role of “Public Law in Times of Change?” The theme recognized the unique challenges confronting democratic regimes committed to the rule of law given global political developments, including the rise of populist nationalism and authoritarianism around the world. Is constitutional democracy under threat, why are so many nations experience grappling with constitutional crises? What role does the legal community play in preserving the rule of law and ensuring democratic health? Public law, which includes the branches of both constitutional and administrative law, has always grappled with these “big questions,” but consensus is growing that the questions are increasingly urgent and the role of legal scholars in helping to shape democratic reality is more important than ever.

The theme secondarily captured the evolving landscape of public law as experts shared key research findings on a wide array of constitutional topics and engaged in robust debate. Public law encompasses both legal theory and political practice, engaging with issues of key significance in both the legal and political systems. The depth and breadth of contemporary legal scholarship, encompassing new methodologies, positivist and post- philosophical approaches, was on full display as leading experts addressed how to adapt both the study and practice of law to contemporary needs and expectations.

Bringing it Back to Daemen

The ICON-S Conference perfectly demonstrates why a liberal arts education, including training in History and Political Science, is vital to democratic and political health. Law and legal systems do not exist in a political or social vacuum. Many students gravitate toward law as an avenue by which they can help change the world. To shape the world, you must first understand it – and Daemen offers majors which can give you a solid foundation of knowledge and multiple pathways into a law or law-related career.



Monday, January 20, 2020

Daemen PSC & HST Students Visit Iowa - Days 2 & 3

After learning about Iowan politics during our private tour of the state capitol with an Iowa Representative on day 1, our second and third days in Iowa were spent attending several Democratic presidential candidate rallies and a forum on democracy.  By attending the various town halls, community events, and the forum, we were able to get a glimpse of what it is like for Iowa voters preparing to caucus on February 3 for their favorite candidate.  Because Iowa is a smaller state (population roughly 3 million people) and they vote first in the nomination season, Iowa voters understand their importance in the nomination process and expect that candidates will spend a lot of time introducing themselves, shaking hands, and taking selfies with them.  As you will see, candidates in return, are happy to oblige. 

Senator Amy Klobuchar's "Amy for America" Campaign Bus

Waiting for Mayor Pete Buttigieg to take the stage

Caucuses are vastly different from primaries--and Iowa is even a bit different among the various caucus states.  In a primary, a voter simply shows up to their polling location, fills out their ballot, and turns it in.  In a caucus, a voter shows up at a specified time (say 7:00 pm) and settles in for a few hours of speeches (from campaign surrogates, grassroots volunteers, and activists) and then votes.  And in Iowa, the way voting happens is even different.  Instead of filling out a paper ballot, voters literally vote with their feet.  Voters gather in their predetermined precinct location and listen to various surrogates, volunteers, and activists talk about why their candidate is the best.  Then, after the speeches, the voting begins.  There are signs posted throughout the room in which voters are gathered and in order to vote for a candidate, voters stand in their candidate's location.  After everyone is in place, the voters are counted.  If a candidate fails to attract 15% of the vote, they do not reach "viability."  Any voters supporting a candidate that does not reach viability can either vote for their second choice or they can go home.  This process continues until all candidates left have achieved viability.  Once all candidates have achieved viability, the votes are officially tallied across all the precincts in the state (currently there are 1, 681 caucus precincts) and a winner ultimately emerges.  Complicating this even further is the fact that between the various rounds of voting, all of the voters are working at convincing the supporters of candidates who have failed to achieve viability to support their candidate.  So, for example, should Amy Klobuchar fail to reach viability, all of the supporters of all the other candidates will be working on convincing the Klobuchar supporters to vote for Sanders, Buttigieg, Warren, or Biden instead. 

Listening to Vice President Joe Biden at his community event in Indianola, Iowa on 1/18/2020

Mayor Pete Buttigieg at his town hall in Council Bluffs, IA on 1/18/2020

Due to the nature of how voting actually happens in the Iowa caucuses, candidates try to ensure that their supporters are fully informed about their positions, their plans, and have a good idea of their character.  The candidates know that on caucus night, voters are expected to appeal to supporters of candidates that fail to achieve viability.  This is why candidates make several trips to Iowa and why they spend as much time as they do shaking hands and taking selfies.  These personal touches may make a huge difference on caucus night.  With a strong showing in Iowa (preferably a first place showing!) a candidate can then expect an increase in media attention as well as campaign donations. 

Tysai Washington and Sam Williams (R-L) with Joe Biden after his event in Indianola.  

Our whole group with Pete Buttigieg after his town hall in Council Bluffs.  
Our group with Elizabeth Warren after her town hall in Des Moines.  

After attending a few individual rallies (so far we have seen Biden, Buttigieg, and Warren) we were able to attend a forum entitled, We the People: Protecting Our Democracy a Decade After Citizens United.  (For anyone interested in the forum, it was recorded and can be found here: https://www.c-span.org/video/?468160-1/democratic-presidential-candidates-speak-we-people-2020-forum-iowa). At this forum, candidates were asked to address issues surrounding democracy, specifically focusing on the problems associated with money in politics.  Citizens United refers to the 2010 Supreme Court case, Citizens United v. Federal Election Commission in which the U.S. Supreme Court ruled that independent expenditures related to political campaigns by corporations could not be restricted, as this would be a violation of their First Amendment Rights.  A total of six candidates appeared at the forum.  Andrew Yang, John Delaney, Elizabeth Warren, and Amy Klobuchar attended in person, while Pete Buttigieg and Deval Patrick appeared via Skype.  

Candidates at the We the People Forum (From Top to Bottom:
Elizabeth Warren, Deval Patrick, Andrew Yang,
Amy Klobuchar,Pete Buttigieg, and John Delaney).

 At each of these events, students have not only learned about the candidates running for office, but they have also learned a great deal about how unique Iowa is in our presidential nomination process.  They have been observing the power of retail politics--something we do not get to see much of in New York.  They have also been learning about how seriously Iowa residents take the nomination process and how closely they are actually paying attention.  We have spoken with some of the voters in the crowds at these events and everyone we have spoken with has been to multiple events from a variety of candidates.  Iowans take their first-in-the-nation role seriously and genuinely try to learn about the candidates through traditional retail politics. 



Friday, January 17, 2020

Daemen PSC & HST Students Visit Iowa - Day 1

On Thursday, January 16, I traveled to Des Moines, IA with 5 of our Political Science and History majors to experience the retail politics surrounding the fast-approaching Iowa Caucuses.  These caucuses are scheduled for February 3 and will set the tone for the rest of the presidential nominating contests.  We will be attending a variety of political events throughout the state, including campaign rallies/town halls/community events with Joe Biden, Pete Buttigieg, and Elizabeth Warren.

Waiting for our flight out of Buffalo
After a short delay in Detroit, we made it to Iowa in the evening of January 16 and settled in to our hotel.  Friday morning, we attended a presentation by the National Director of Project Vote Smart, Walker McKusick, which is headquartered at Drake University in Des Moines.  Our own political science professor, Dr. Lisa Parshall, is an advisor for Key Votes New York for Project Vote Smart.  Project Vote Smart is a nonpartisan group that aims to provide factual information to voters ahead of elections.

Project Vote Smart Bumper Sticker 

Daemen Students (to the right in this picture) at the Vote Smart presentation with students from Principia College in Illinois, who are also in Des Moines to witness the pre-caucus events.  
After our Vote Smart presentation, Iowa was hit by a winter storm--giving us a snow day, as the rest of our events for today were canceled.  Des Moines ended up getting about 6 inches of snow today, but we still ventured out to explore the city a bit.  

The students (Carlos McKnight, Sam Williams, Lindsey Hornung, Ricardo Marquez, and Tysai Washington, from L-R) enjoying the snow on Drake University's campus.

To help fill up some of our snow day, we visited the Iowa State Capitol Building and had an incredible, unique experience.  

Iowa State Capitol Building 

From L-R: Tysai Washington, Ricardo Marquez, Sam Williams, Lindsey Hornung, Carlos McKnight

Once we got inside, we met Iowa State Representative Ako Abdul-Samad, who has served Polk County (of which Des Moines is the county seat) since 2007.  Representative Abdul-Samad introduced us to Latino Leader Mary Campos and former Iowa State Representative Wayne Ford.  Ms. Campos and Mr. Ford are the founders and chairs of the Brown and Black Forum held in Des Moines every four years.  The Brown and Black Forum provides candidates with the opportunity to address concerns of the African American and Latino communities.  The Forum began in 1984 and is an important part of run-up to the Iowa Caucuses.

Group picture with Mary Campos, Wayne Ford (center) and Representative Ako Abdul-Samad (right)
Representative Abdul-Samad was then kind enough to give us a tour of the State House of Representatives and tell us several stories about what brought him into politics and some of the issues he is currently fighting for.  

Chamber of the Iowa State House of Representatives 

Representative Abdul-Samad talking with students about the Iowa House of Representatives

Group Picture at the Speaker of the State House's Desk.  The current Speaker of the Iowa House of Representatives is Pat Grassley, the grandson of U.S. Senator Chuck Grassley.  
Overall, we had a very exciting first day in Iowa, despite some inclement weather.  We were incredibly appreciative of Representative Abdul-Samad's time, as he gave us an incredible experience at the Iowa State Capitol.  

Friday, January 3, 2020

The Dynamics of the 2020 Invisible Primary

We are currently nearing the end of what political scientists refer to as the invisible primary, the approximately one-year period leading up to the Iowa Caucuses in which candidates compete against each other for fundraising dollars, name recognition, poll standing, and voters in the early states.  While the invisible primary has arguably become much more visible over the past few campaign cycles due to increased media coverage of the candidates’ campaign tactics, the nomination campaigns are about to become even more visible as states start to vote. 

In her post a couple of weeks ago, my colleague, Dr. Lisa Parshall, makes a compelling case that the U.S. is making its way toward a national primary rather than the sequential, state-by-state series of primaries and caucuses we have been using since 1972.  Should we adopt a national primary, the invisible primary period will likely fade away, as candidates will have to wage national campaigns from the minute they enter the contest rather than build support in a handful of early states and hope that momentum propels them forward. 

Additionally, Dr. Parshall rightly points to the vaulted status of Iowa and New Hampshire (and since 2008, Nevada and South Carolina) as being a major impediment to instituting a national primary.  As happens every four years, we see several people decry the importance of Iowa and New Hampshire—with this year Julian Castro, a former Democratic contender, joining the fight.  Most arguments center around the lack of diversity found in both of these states—an argument amplified in Democratic nominating contests, as Democratic candidates rely on a diverse coalition of voters to win elections.  In an effort to diversify the electorate early on in the primary process, Democrats added South Carolina and Nevada to the early carve-out states in 2008. 

Nonetheless, should candidates want to build momentum and be perceived as viable contenders throughout the nomination process, they need to develop strategies that align with the rules laid out by their Party.  And while not everyone may be happy that Iowa and New Hampshire set the tone for the remainder of the nomination calendar, candidates rarely ignore these two early contests because of the importance of being seen as a “winner” from the very beginning of the process.  Not only do these early wins allow candidates to be viewed more favorably, they also see a bump in fundraising and positive media coverage.  It is difficult for a candidate to be viewed as viable if they do not place in the top three in these early states.  Should Michael Bloomberg be successful in his bid for the Democratic nomination, he would be the first presidential contender to do so while skipping all four of the carve-out states since the McGovern-Fraser reforms. 

While Bloomberg is running with a largely unconventional campaign strategy (getting in the race late, ignoring the early carve-out states, and self-funding his campaign), the remaining candidates are competing in much more conventional ways: running advertisements, traveling to the states for rallies and town halls, and racking up endorsements from party leaders and elected officials [PLEOs].  To demonstrate, let’s look at the data.

Campaign Visits: Getting Candidates in Front of the Voters

In 2017 I published a book, Campaigns That Matter: The Importance of Campaign Visits in Presidential Nominating Contests, in which I argue that campaign visits are a crucial part of a candidate’s strategic tool kit to be used on the campaign trail.  These visits, which can come in the form of town hall meetings, large rallies, just popping into a local restaurant or pub, or intimate meet-and-greets with interested voters, provide candidates with the ability to connect with voters in a more personal way.  Voters are able to hear a more substantial discussion of a candidate’s policy proposals and vision for governing.  They are also able to better judge a candidate’s character and personality, as these events are mostly unscripted and more free-wheeling, especially when compared to traditional advertisements.  More importantly, visits are an important way to energize grassroots supporters who will campaign on behalf of the candidate in his or her absence and do a lot of the door-to-door canvassing, phone banking, and voter registration drives all in an effort to maximize their favorite candidate’s vote share. 


To that end, we can see the early states have received a lot of attention from the candidates this year. As of December 1, 2019, Iowa has received over 700 visits from the 28 candidates who have sought the Democratic nomination, New Hampshire received 431, Nevada received 185, and South Carolina received 226. 


One of the things we can see in these data is that visits are conducted by a variety of candidates.  Campaign visits are a way to level the playing field among candidates—they do not need to compete with other candidates for air time and the cost of conducting a visit are much less than running an ad.  So, when looking at which candidates are leading the visits race in Iowa, we see that both long-shot candidates and top tier candidates are visiting at high numbers.  Joe Sestak (who has now withdrawn from the race) led the field at the end of November with 50 visits to Iowa, while Deval Patrick (who recently got in the race) has made only one.  Further, the top tier candidates as of right now—Biden, Buttigieg, Warren, and Sanders have made 29, 30, 37, and 37 respectively.  In contrast, long-shot candidates like Tulsi Gabbard, John Delaney, Julian Castro (who has now suspended his campaign), and Andrew Yang have made 36, 46, 40, and 26 respectively.  This helps demonstrate that visits really are an equalizer among types of candidates—these visits are not as dependent on fundraising as advertising is. 


As the race continues on past the first four carve-out states, we should expect the attention of candidates to shift to the states holding contests on Super Tuesday.  As Super Tuesday is offering up about 1/3 of all the delegates available, the candidates still in the race after the four early carve-out states will have 15 states to compete in rather than just four.  Because of the increased volume in contests candidates will be conducting fewer visits to these states and likely spend more money on advertising. 

Campaign Fundraising and Spending: The Importance of Ads

Conventional wisdom tells us that generally the candidate with the most money wins the race.  This is usually due to the fact that this candidate is able to outspend their opponents in advertising.  Advertising is the quickest way to reach a large amount of people, but it often comes with a high price tag.  Additionally, today candidates need to advertise on a variety of platforms (e.g. radio, newspapers, television, the internet, social media) so the costs of advertising continue to rise.  Looking at the amount of money raised by the Democratic candidates, we can see that Bernie Sanders leads the fundraising race.  He’s fundraised about $10 million more than his closest competitors in Iowa (Pete Buttigieg and Elizabeth Warren) and about $25 million more than Joe Biden (the candidate leading in most national polls). 


With fundraising numbers for the 4th fiscal quarter starting to trickle in now, these standings in the fundraising race seem to be holding steady.  Sanders raised about $35 million, the most raised by any candidate in any quarter so far in this competition and Joe Biden had his most impressive fundraising quarter to date, roughly $23 million. 

Looking at fundraising data tells us a couple of things about the candidates and the type of campaign each is running.  Fundraising tells us which candidate is financially able to continue in the race: they can pay for ads, pay their staffers, and pay their bills.  Additionally, these data tell us how many donors each candidate has.  Sanders is closing in on 4 million donors, Warren is approaching 2 million donors, while Buttigieg has yet to reach 1 million donors.  These numbers signal grassroots support among voters and what kind of people are donating to the candidates.  Sanders and Warren have both sworn off big dollar fundraisers, while Buttigieg has held several, including the now-infamous wine cave fundraiser in California.  So, while Buttigieg has outraised Warren, Warren is able to claim a more robust group of supporters as she has received donations from a wider cross section of voters.

Elite Endorsements: The Party Decides?

One more aspect that candidates compete over is endorsements from party leaders and elected officials [PLEOs].  These endorsements are viewed as a way for the Party to still maintain some control over the nomination process.  With the McGovern-Fraser reforms in the 1970s, the Republican and Democratic Parties lost a lot of control over who the nominee would be.  The Democratic Party adopted a robust group of superdelegates to help balance the will of the Party with the will of the voters (though superdelegates have never decided who would be the Party’s nominee).  In addition to these superdelegates, elite endorsements help the Party signal who they would prefer voters support—and we see endorsements used by both Parties. 

Because nomination contests are waged between members of the same political party, voters cannot simply rely on party identification when deciding for which candidate to vote.  Instead, voters need to use some other information when making a decision.  This information may be the visits or ads discussed above, or they may simply rely on the endorsement of a politician they trust.  When looking at the current group of endorsements, Joe Biden leads in the number of endorsements having received 46—including those from 22 current members of the House of Representatives, 3 Governors, and 5 Senators, among many others.  Sanders has received a total of 24 endorsements, Warren 23, Booker 21, Klobuchar 13, Buttigieg 9, Bennet 3, Bloomberg 3, and Delaney 2.  The charts below demonstrate where these endorsements have come from. 



 1= Past President, Vice President, National Party Leader ; 2= Governor; 3= Senator ; 4= Former Presidential or Vice Presidential Candidates, Former Party Leader, 2020 Nomination Dropouts ; 5= U.S. Representatives or Large City Mayors; 6= Statewide Legislative or Elected Leaders ; 7= Democratic National Committee Leaders

What the endorsement data tell us is that Joe Biden currently has the most support from Democratic Party leaders than any of his competitors.  Because of Biden’s longevity with the Party it is unsurprising to see that he is currently leading in the endorsement race.  As the primary season continues, we will likely see more consolidation behind the eventual nominee—especially among superdelegates (and most of these endorsers also serve as superdelegates).  Whether or not that nominee is Biden remains unclear, but the Party is doing its best to signal their strong support for his candidacy. 

Overall Campaign Dynamics

Visits, spending, and endorsements are just some of the dynamics that are at work throughout the nomination season.  Starting with the Iowa caucuses on February 3, viability of the candidates will be added to the dynamics.  While viability is already discussed in terms of poll numbers, actual results from primaries and caucuses produce stronger evidence of viability.  Additionally, momentum will become a much stronger player as the nomination season continues on.  Voters are likely to jump on the bandwagon of the winning (i.e. more viable) candidate.  Momentum is more likely to have a stronger influence in a large field of candidates, as it can propel a candidate ahead of the pack in a much more significant way than when the field of candidates is smaller. 

The two-person 2016 Democratic nomination battle between Hillary Clinton and Bernie Sanders is a good example.  Because Clinton and Sanders kept volleying wins back-and-forth, neither could muster significant momentum (the same can be said of the 2008 Obama-Clinton nomination battle).  In contrast, the 2016 Republican contest contained a large number of candidates, with the top tier quickly whittled down to Donald Trump, Ted Cruz, Marco Rubio, and John Kasich.  With four candidates remaining in the race, Trump was able to win contests with just 30% of the vote.  By racking up several wins—even with small pluralities—Trump was able to become “uncatchable” in terms of the delegate count.  Thus, in a crowded field, momentum helps quickly winnow the field after the first few contests, and then allows one candidate slowly, but surely, build an advantage in their delegate count that cannot be surpassed by any other candidate. 

If this conventional wisdom holds, we should expect momentum to play a big role in the 2020 Democratic contest.  We should expect several withdrawals after the carve out states vote.  The remaining candidates will try to piece together a coalition of voters they believe will allow them to capture the nomination.  However, only one will be successful.  This candidate will likely start to emerge after Super Tuesday, giving us a much clearer picture of who the Democratic nominee is likely to be. 

Wednesday, December 18, 2019

Are We Moving Toward a National Primary?


In my 2018 Book, Reforming the Presidential Nominating Process: Front-Loading’s Consequences and National Primary Reform, I argue that from the perspective of party members, the only way to ensure the full, timely and meaningful participation of all voters is to reform the current sequential and front-loading presidential primary calendar. 

The national primary solution is one which has been long-resisted as politically impractical. However, in their effort to gain greater influence in the modern (post-1968) nominating process, the states routinely jockey for earlier or more advantageous calendar positions, hoping to maximize their voters’ voice in the selection of presidential nominees. This phenomenon has created a front-loaded calendar in which voters in the early-state contests exert outsized influence and more states schedule contests toward the beginning of the contest window. 

In his recent piece in the New York Times, Nate Cohn argues that the 2020 nominating calendar is moving ever-closer to a national primary. Relative to 2016, the 2020 calendar is more heavily front-loaded. There are fewer contest dates, fewer caucuses, an end-calendar line-up of relatively rural states, and an earlier close to the nominating phase. The earlier shift of key states, particularly California and Texas, additionally make the early primary electorate more representative than in past cycles. (Cohn looks specifically at the share of African-American voters by primary date relative to 2016). California and Texas will hold their 2020 presidential primaries on March 3, also known as Super-Tuesday (the earliest allowable date for most states to hold contests under the timing rules set by the national political party organization). (The other states scheduled for Super-Tuesday include Alabama, Arkansas, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Utah, and Vermont. The South Carolina and Virginia Democratic party-primaries will also be held on that date). The number and geographic diversity of contests makes Super-Tuesday, with nearly 1/3 of both parties’ delegates at stake, a pseudo-national event. By contrast, the contests scheduled for April 28 (which include Connecticut, Delaware, Maryland, New York, Pennsylvania, and Rhode Island, along with the Virginia Republican primary) are a more-regionalized event. 


The net effect of the 2020 calendar, Cohn argues, is a nominating process that is more geographically balanced, faster, and demographically representative. A look at the weekly allocation of delegates in the figures below highlights Cohn’s point that the schedule has compressed more contests into fewer dates. For both parties, March 3 (Super-Tuesday), March 17, and April 28 stand out as high-stakes delegate caches in which several big and battle ground states are up for grabs. These 3 dates simulate mini-national primaries – forcing candidates to simultaneously compete in more (and large states) holding contests on the same day.  As Cohn notes, the compression of contests forces candidates to adapt strategies more akin to a general election campaign as opposed to the retail politics that takes place in small, or early contests where the extended focus is on much smaller slice of the electorate.  




Cohn also points out that the number of states holding primaries in 2020 is greater than in past cycles. As tracked in the gray-bar in the figure below, 45 states will hold primaries in 2020, 47% of which will be on or before March 15


Conventional wisdom holds that caucuses, which are meetings of party members, tend to favor outsider candidates. In the lower turnout caucuses retail (personalized) style politicking is more efficacious for candidates who may be lagging in name recognition or financial resources. By contrast, in primaries where the turnout is higher, candidates must adopt campaign strategies to reach wider swaths of party voters with greater reliance on costly media advertising.

Moreover, caucuses are comprised of a smaller-base of party faithful (i.e. more ideologically extreme) while primaries include a broader spectrum of party voters. Thus, the higher number of primaries rewards more moderate candidates who have higher name recognition and greater resources – again approximating and requiring candidates to adapt strategies more in line with what we would expect to see with a national primary (i.e., when competing in multiple contests simultaneously).

But while 2020 is more front-loaded relative to 2016, it is actually less so than in recent past cycles. A look at the number of states holding primaries on or before March 15 reveals greater front-loading in the 1996-2008 cycles. Charting the growth of Super-Tuesday similarly shows a peak of the front-loading phenomenon in the 1996-2008 nominations. In 2008, 51.42% of pledged Democratic delegates and 50.71% of Republican delegates were chosen on February 5 (Super-Tuesday). Super-Tuesday was also, notably in February – the earliest date on which the big-prize day ever has been held. The pace of front-loading in 2008 led to fears of a defacto national primary, thereby prompting the national parties to coordinate to push back the start and spread out the sequence of the 2012 contests by offering bonus delegates (Democrats) and winner-take all rules (Republicans) for states willing to schedule later contests.  




The Iowa and New Hampshire Juggernaut

Despite the acceleration and compression of the calendar, so long as the parties retain a sequential calendar in which a handful of states enjoy a privileged position of voting first and early, accompanied by crowding within first-part of the window, we  are still a long-way off from a truly national primary in which all contests would be held on the same day (a same-day national primary) or at the very least where all states have an equal chance of participating an early and influential date that affords their voters a meaningful choice – that is, the opportunity to vote on a full slate of candidates before earlier contests have winnowed the field, or worse, have already mathematically determined the nomination (i.e. some form of a rotating, regional primary).

The major impediment to a truly national primary is the lock enjoyed by the early, carve-out states, most notably Iowa and New Hampshire. The now-coveted status of holding the first-in-the-nation contests was the result of Iowa and New Hampshire having had traditionally early nominating dates that were granted waivers under the post-1968 rules. As early as 1976, candidates had adopted strategies that focused heavily on these early contests as means of building early-win momentum.

Reaping the advantage of the focused attention on their state’s contests (in the form of campaign visits, media coverage, policy concessions, and revenue), Iowa and New Hampshire have since fought bitterly to retain their privileged status. In 2008, acquiescing to demands to include states with more geographical and demographic diversity to the pre-primary window, the Democratic Party added the Nevada caucuses and the South Carolina party-primary as two additional carve-out states exempted from the timing rules. The push by other states to move forward – most infamously challenges by Florida and Michigan in 2008 to leapfrog and crowd the early states – have been firmly rebuffed by the national party organization through the imposition of delegate penalties at the national conventions. 

Early State Strategies in 2020

In the 2016 cycle, there were some signs that the primacy of these early states was slipping as several candidates skipped the Iowa straw polls and associated campaigning opportunities to attend fundraising events in the upcoming Super-Tuesday states. Split-decisions in which the early state outcomes have gone for different candidates (as opposed to breaking in the same direction) have also arguably diluted the power of these first contests to shape the nomination. Where the early state contests are a wash, attention quickly moves on to Super-Tuesday.

As Cohn notes, the sequence of the contests matters. The sequence of contests varies with the dynamics of each nominating cycle, including state-scheduling decisions and candidate strategies. 2020 presents an opportunity in which the role of the early states may be significantly challenged.
The compression and acceleration of front-loading is drawing into question reliance on the momentum model in which candidates focus heavily on the first contests despite their small share of delegates. In this traditional, post-1968 momentum model, candidates try to springboard off early wins in Iowa and New Hampshire (and now) Nevada and South Carolina into Super-Tuesday with momentum and media coverage. Rivals who fare poorly, or who perform worse than expected, are forced to withdraw from the race. Obama’s claim to the nomination in 2008, for example, is traceable to his unexpected win in Iowa.  Such early successes (or failures) shape the media narrative with its traditional horse-race aspect of focusing on who is pulling ahead or falling behind, creating a feedback loop of voter excitement and enthusiasm. In 2020, candidates like Pete Buttigieg, Elizabeth Warren, and Bernie Sanders appear to be following this familiar strategy of trying to lock down early state wins to build momentum and solidify front-runner status going into Super-Tuesday.  


Joe Biden, the current leader in national polls, who is struggling to retain a lead in the these early contests appears to be taking on a different approach – building a so-called “firewall.” Here the goal is to get through the early contests without being knocked out of contention, and to bank on a big victory in a (still-early) but friendly state. Biden’s strategy appears to be to finish among the top 3 of Iowa and New Hampshire then to pull away in South Carolina where he enjoys substantially higher support from African-American voters who comprise a sizable share of the South Carolina primary electorate. A similar strategy was adopted by Rudy Giuliani in seeking the Republican nomination in 2008. Giuliani had hoped to survive the early contests and secure a big win in Florida (scheduled that year on January 29 – in a bid by the Sunshine State to challenge the primacy of the pre-primary states). With its large cache of delegates, the plan was to springboard off Florida into Super-Tuesday (February 5) with momentum. But for Giuliani it was both too late and too little (he only came in third) and he was forced to drop out of the race. 



The 2020 calendar has made a third possible approach – one which would bypass the early contests almost entirely in favor of a big Super-Tuesday win – potentially more feasible. This strategy treats Super-Tuesday (March 3) like a pseudo national primary, magnifying the campaign’s focus on this one-day event. Such is the approach being adopted by late entrant in the Democratic nominating contest, Michael Bloomberg. In combination with the calendar, Bloomberg’s great wealth gives him a significant advantage in this multi-state, geographically diverse Super-Tuesday derby. Victories in the big prizes of California and Texas would build a delegate lead and create the momentum to propel him to instant front-runner status while also creating a narrative of demonstrated electability in a general election, national face-off with Donald Trump.  


If successful, this approach would potentially break the juggernaut of the early states and put us more firmly on the path toward a national primary that Cohn sees emerging. However, the chances of this strategy being successful does not seem likely – currently polling shows Bloomberg far behind in the current leader-board. Moreover, the fact that the Democratic party awards its delegates proportionately reduces the chance that a strong showing (or even sweep) of Super-Tuesday contests would create an insurmountable lead. (Republicans, on the other hand, use winner-take-most or winner-take all rules, which translates first place finishes into the lion’s share of delegates).

Why We Don’t Have a National Primary Yet

While the pace of the 2020 calendar is faster (at least relative to 2016) and the early contests within the window are arguably more geographically balanced and demographically diverse, as long as the parties retain a sequential series of nominating contests, we will not truly have a national primary. Under a sequential front-loaded calendar, the voters in later-voting states remain at a distinct disadvantage, weilding a diminished voice (and sometimes no voice at all) in the selection of their party’s nominee. The national party organizations and key states have an incentive in retaining the contemporary system which starts off small and early. From the perspective of the voters, however, any sequential, front-loaded process will always mean that some states’ voters matter more than others – and that being earlier in the process generally translates to greater choice and influence.

Between every presidential selection cycle the national political parties, states, and state party organizations contemplate rules changes in anticipation of the next presidential selection. The requisite political support for a same-day national primary currently does not exist. We are moving closer in some ways, but compression and acceleration still does not guarantee all party members a right to full, fair, and timely participation in the process.

Learn More About It

For those readers who are not familiar with the presidential selection process a brief primer (also written by Dr. Parshall) is provided below.

You may also want to follow our blog as Dr. Wendland will be taking 5 of our students to Iowa in January 2020 to observe first-hand the retail politics in the nation’s first caucus state (Iowa kicks off the 2020 nominations with its February 3 precinct caucuses).

Both Drs. Parshall and Wendland in the History and Political Science Department have expertise in presidential nominating politics, having each authored a book and articles on the subject.

Watch also for a panel-event in April 2020 (in advance of New York’s April 28th primary) that will feature faculty of History and Political Science Department in collaboration with colleagues from the American Studies Center at the University of Warsaw (as part of the Department’s ongoing faculty exchange through the Polish Studies Center at Daemen College). 

Overview of the Presidential Selection Process (Quick Primer)

The U.S. presidential selection process is a complex and lengthy process that starts even before the last election cycle as concluded. The process occurs in multiple stages, the first of which is the so-called “invisible primary” in which the media, political experts, and party members (i.e. voters) begin to identify prospective candidates and gauge their relative electability through public opinion polling, fund-raising, and political endorsements. No votes are being cast during this lengthy and informal stage. Rather, potential candidates test the political waters, form exploratory committees, participate in debates, and organize a campaign. Insufficient interest or support will lead many to abandon their presidential aspirations, winnowing the field of aspirants well before any binding votes are cast.


In the early months of presidential election years, states and state party organizations will hold presidential nominating contests in the form of caucuses (multi-stage meeting of party members) or primaries (intra-party elections). The contours of our contemporary nominating system were shaped by reforms enacted in 1968 in which the Democratic Party enacted rules to ensure the full, timely, and fair participation by all party members in the selection of their standard bearer.  The post-1968 reforms included the regulation of the timing of presidential nominating contests as well as the requirement that the results of the state presidential preference contests would be binding on the delegates at the national party convention. The result of these reforms was an increase in the number of states to hold primaries and increased regulation of the state delegate selection and timing rules by both national party organizations. These developments both nationalized (bringing state and state party electoral rules under national party supervision) and democratized the process (shifting control over the selection of the parties’ nominees to the party members through participation in state nominating contests).



Today, both political parties dictate timing rules by setting the date for the commencement of these state nominating contests. The Democratic National Party first set an opening of a contest window in 1980, allowing an exception for two states which historically had early nominating contests – Iowa and New Hampshire – to vote ahead of the other states. The advantage of being first and early soon became apparent and Iowa and New Hampshire have since staunchly defended their right to a waiver from the timing rules in order to protect their first-in-the-nation status. Other states, were jealous of the influence wielded by voters of these early contests pushed their nominating elections closer and closer to the front of the timing window, creating the phenomenon of Super-Tuesday – the clustering of state contests on the first Tuesday within the window. In 2012, the parties coordinated to push the start of the window back to March and adopted delegate selection rules to encourage states to spread out their contests within the window.  Every presidential cycle there is movement within the window as state legislatures and state party leaders adjusts their state’s contest date to try and secure maximum advantage (whether by joining the rush to the front of the calendar, or by identifying a calendar berth that will maximize focus on their state).   

The culmination of Stage II of the presidential selection process takes place in July/August when the parties hold their nominating conventions. Since the post-1968 reforms making the results of the primaries and caucuses binding on the state’s delegates, the national conventions are largely pro-forma affairs. That is, the winner of the nomination has already been mathematically determined and one candidate will enter the convention with majority support to clinch the nomination on the first ballot. It is also important to note that for years in which an incumbent president is running for reelection, the nominating process is largely a one-sided affair. Only rarely is a sitting president challenged for the party nomination – states still hold the nominating contests (although the president’s party may forego more expensive primaries in favor of caucuses and conventions) but the end result is rarely in question. Modern nominating conventions do serve a purpose, however, as a kick-off to the general election and as a chance for the nominee to shape the party’s platform for the upcoming general election (and  presidential term if he/she should win).

Stage III of the presidential selection process is the general election campaign in which the major party nominees compete for votes in the general election. The general election (held on the first Tuesday following the first Monday in November) is the day on which voters cast their presidential preference vote. 48 states employ the unit rule in which all of that state’s electoral college votes will be awarded to state-wide winner of the general election. 2 states (Maine and Nebraska award their electoral college votes corresponding to their Senators on the basis of the state-wide vote and their electoral college votes corresponding to their House of Representative members according to the results in that congressional district). Stage IV, the formal selection of the president (and vice-president), takes place roughly three-weeks later when the states’ electors convene in their respective state capitols. A majority of electors (270) is necessary to win the presidency. In the event that no candidate receives a majority of the electoral college votes, the presidency will be decided by the House of Representatives (with each state casting 1 vote).

The final stage of the process is reform in anticipation of the next presidential cycle. The Republican National Convention generally sets the nominating rules for the next presidential cycle at its nominating convention although they are increasingly following the Democratic National Committee’s example of tinkering with the rules at the annual national party meetings between presidential selection years.  It is during this stage of the process that the parties adjust their delegate selection and timing rules and that the state and state party organizations adjust their nominating contest rules and/or shift their primary dates. The relevant actors in both political parties generally react to the last presidential selection cycle and in anticipation of the next in order to maximize their state’s influence and/or their party’s (or incumbent president’s) chance of winning the presidency.   

Monday, December 16, 2019

Daemen students take part in Skateland Project

By Penny Messinger

During the fall semester, History students at Daemen have been at work researching the stories behind photos from Skateland, a roller skate park on Buffalo's East Side. Many of the area's African-American residents who skated there as children and adults have fond memories of the park.

Daemen students visited Rainbow Rink to connect with community members



These students were working on The Skateland Project, a collaboration between Daemen's library and archives, faculty from the English and History & Political Science Departments, and community partners in that include the RISE Collaborative, CEPA Gallery, Open Buffalo, and Barrett Gordon through the WASH Project. Daemen students enrolled in Dr. Campbell's History Workshop class took part in the project.
 

Records from the collection include a large number of photo collages of people enjoying themselves at Skateland, such as those in the image above. 


Read more about this project in this story on the RISE Collaborative's website: https://risecollaborative.com/rise/skateland