by The Skimm
Interview
Next, the nominee goes to Capitol Hill for an intense public job interview, aka confirmation hearing, with the committee. It’s on TV, so get some popcorn. Lawmakers get to grill them on their qualifications.
V is for vote
After that, the Senate Judiciary Committee votes yea or nay on whether to recommend the nominee for the job. Then the whole Senate gets to weigh in. Most nominees get the job but some don’t, because of anything from partisan politics (Merrick Garland in 2016) or supporting white supremacy (Harrold Carswell in 1970). This entire process usually takes two to three months.
Thing to know
Senators used to need 60 votes to green-light a Supreme. But in 2017, when Justice Neil Gorsuch was going through the process, the GOP voted to change the rules. Now it requires only 51 votes.
What are some of the biggest Supreme Court cases in history?
How much time do you have? The highest court in the land’s been judgy since its founding in 1789. Meet (or get reacquainted with) some of the biggest episodes in judicial history.
Marbury v. Madison: The One with the Origin Story
The When: 1803
The What: This case established the concept of judicial review, or the idea that American courts can press “delete” on laws.
Dred Scott v. Sandford: The One with the Dreadful History
The When: 1857
The What: This one denied citizenship to African Americans and declared that they could never be US citizens. But in 1868, the Fourteenth Amendment to the Constitution granted citizenship to all people born in the US.
Brown v. Board of Education: The One with the Desegregation
The When: 1954
The What: This one desegregated schools. Before this, states were allowed to make their own rules, and many southern states chose to segregate. This ruling made that illegal.
New York Times v. Sullivan: The One with the Headlines
The When: 1964
The What: This set the standard for libel. It made it so that someone suing for libel had to prove actual malice, or that the story was intentionally false or harmful.
Loving v. Virginia: The One for Lovers
The When: 1967
The What: This struck down state laws banning interracial marriage.
Roe v. Wade: The One with the Controversy That Never Ends
The When: 1973
The What: This made abortions federally legal within a woman’s first two trimesters. If it were overturned, the decision would be up to states.
United States v. Morrison: The One About Violence Against Women
The When: 2000
The What: This declared parts of the Violence Against Women Act unconstitutional. The act was passed to give survivors of violence more resources—including money toward investigating and prosecuting their cases. But then the Supremes ruled that part of it (the part that let women sue their alleged attackers in federal court) counted as Congressional overreach. Many considered this a setback for women’s rights.
District of Columbia v. Heller: The One with Guns Blazing
The When: 2008
The What: This clarified that all citizens have a right to keep guns at home for self-defense. Before this, keeping a gun at home was illegal in D.C.
Citizens United v. Federal Election Commission: The One with Deep Pockets
The When: 2010
The What: This made election season more flush by ruling that corporations and unions can spend unlimited amounts on campaigns.
Burwell v. Hobby Lobby Stores: The One with the Religious Rights
The When: 2014
The What: This one decided that corporations with religious owners aren’t required to pay for contraception coverage.
Obergefell vs. Hodges: The One with the Rainbows
The When: 2015
The What: This one legalized gay marriage in all fifty states. Love actually is all around.
theSkimm: In order to actually understand today’s political news, it’s important to know how stuff works. This is how it works.
Things That Effect* Change
theSkimm on Civic Engagement
Even if you don’t live on Capitol Hill or aspire to run for office, there’s an easy way to effect change in your community and the world: voting.
There are no excuses not to do it. theSkimm is all about getting people registered and committed to show up at the polls.
Here’s a look at everything you need to know about elections: how to get registered and vote, the different types of elections, the process from primary to general, and the controversies surrounding election season. Plus, some of the major issues that shape a candidate’s platform.
Why do I need to vote?
Because if you’re eligible to, it’s your responsibility. Because it’s a privilege and a way to effect real change. You’re electing the people who make decisions about your life—everything from your healthcare to your taxes to who has access to guns. Despite all this, Americans have a history of low turnout.
Why is turnout so low?
Depends on whom you ask. Some people can’t vote because of controversial voter ID laws. More on those later. But for the majority of Americans, it’s low because of excuses, or because people don’t believe their vote actually matters. Spoiler: It does. More than 100 million Americans headed to the polls in 2018, making it tied for the largest turnout for a midterm election in more than 100 years. Progress. But still, less than half of Americans vote.
OK, I get it. Remind me how to vote.
Get registered.
It takes an average of two minutes or less and you can get it done at theskimm.com/noexcuses. Psst…don’t remember whether you’re registered? We’ve got you covered there too.
Find your polling station.
Once you’re registered, you can easily find this online with your address and zip code.
Get prepped.
About two-thirds of states require you to bring some form of ID to the polls. About half of states require a photo ID. That includes driver’s licenses, state-issued ID cards, military ID cards, and passports. Make sure to check what your state requires.
Get to the polls.
Do it to it.
What if I can’t vote in person?
There are absentee ballots for that. The state you’re registered to vote in will mail you a ballot. You fill it out. And send it back. Easy. Every state offers an absentee ballot, but they all have different rules around it. Here are some of them.
Tell us why
Some states require you to tell them why you can’t show up on Election Day.
In-person absentee
Some states let you apply for, fill out, and submit your absentee ballot in person before Election Day.
Permanent absentee
Some states will automatically send you an absentee ballot for all future elections. Meaning: You don’t need to apply for one after the first time.
All-mail
Some states mail every registered voter a ballot before Election Day. And you can either send it back in the mail or submit it in person.
What’s a valid excuse for a state that requires one?
Every state has different rules for valid excuses, but here are some examples:
For when you still have homework…
If you’re a student going to college out of state. Study abroad counts too.
For when you’re packing a bag…
If you’re traveling. Your OOO gives you an excuse to be MIA.
For when you look like the green emoji…
If you’re sick, injured, or have a disability that prevents you from getting to your polling place.
For when you’re serving your country…
If you’re a military member, a military member’s spouse, or living with some other family mem
ber stationed outside your voting location.
My address/name has changed. Do I need to reregister/update my info?
Yes. This process can vary depending on where you live. So double-check. If your state says to submit a new voter registration, you can do that through the US gov’s website (USA.gov) or theSkimm’s No Excuses website. Click “No” when it asks if you’re registered to vote. You’ll be prompted to fill out a new registration.
How do I switch political parties?
Resubmit your voter registration. Heads-up that in general elections, you can vote for whichever candidates you want, regardless of which party you registered with. It can vary by state, but if you want to be able to vote for a certain party’s candidates the next time there are primary elections, you should reregister.
Can I register without a driver’s license?
Yes, although you’ll still have to provide some sort of ID, like a state ID number or your birth certificate.
Types of Elections
Primaries. General elections. Midterms. Presidential elections. All big deals, all different things.
Primary vs. General
What is a primary?
The semifinals. It’s when America decides which candidates from each major party will go head-to-head in the general election. In a primary, you can vote only for candidates in your party. And if you’re registered independent, you may not be able to vote in a primary, depending on which state you live in. The dates vary by state, so make sure to check yours at USA.gov. Both midterms and presidential elections have primaries and general election phases. Super Tuesday refers to the day in a presidential election where multiple states hold primaries.
What is a general election?
The finals. It’s when you select the winner. Unlike primaries, you can vote for whomever you want, regardless of how you’re registered. The date is also the same for everyone: the first Tuesday after the first Monday in November.
Midterm vs. Presidential
What is a midterm?
The congressional elections that happen halfway through a presidential term. So they’re right in the middle. Every seat in the House of Representatives is up for grabs during midterms. While you don’t actually elect a president during midterms, they’re considered a temp check on the presidency. They also affect the US’s CEO in tangible ways—a midterm can flip the House or Senate, potentially making it difficult for a prez to accomplish his or her goals. One of the biggest differences between a midterm and a presidential election (aside from whom you’re electing) is the way votes are tallied. In a midterm, whoever gets the most votes in a given state gets the job. Easy. The presidential election voting process gets a lot more complicated. Enter: the electoral college.
How does the electoral college work exactly?
Every state’s number of electors is equal to the number of its congressional lawmakers (two senators + the number of House Reps).
So, California gets 55 votes (two senators + 53 House Reps)
…and Rhode Island gets four (two senators + two House Reps)
Remind me why people hate it so much.
Because it’s dated.
Because it puts a disproportionate emphasis on certain states.
Because it makes it so that a candidate can win the popular vote and lose the election.
Because it gives everyone a migraine.
How can you win the popular vote and lose the election?
A candidate who receives a state’s popular vote gets all of its electors. So it’s possible to get more votes overall, concentrated in fewer states, and lose out. This has happened five times in history. Three of them happened in the 19th century. Two of them you probably lived through: George W. Bush’s win over Al Gore in 2000 and Donald Trump’s win over Hillary Clinton in 2016.
Campaign Finance
Elections are quite a production. Who pays for all this?
Lots of people. Remember that Citizens United Supreme Court case? It made it so that campaign contributions count as free speech. So now organizations—like unions and corporations—can spend as much as they want on a candidate. A single individual can contribute up to $2,800 per candidate. Citizens United was controversial because money talks—and some get worried it gives too much influence to wealthy people and companies. There are two main ways people contribute to a candidate.
PAC
Through a political action committee, which can give money directly to candidates and political parties. But there are rules. PACs are allowed to give only $5,000 per candidate and $15,000 per party in an election.
Super PAC
This is the Westworld version of a PAC. It’s a choose-your-own-adventure, spend-as-much-as-you-want situation. Super PACs can’t do things like pay for candidates’ private jets, hotel rooms, or anything directly contributing to the campaign. But TV ads are fair game, and they can spend unlimited cash on advertisements supporting their candidates…and hating on opponents. They do need to disclose their donors, which is why a lot of people and groups prefer to go dark.
What do you mean dark?
Dark money. People and groups that don’t want the rest of the world to know what they’re spending on elections can donate to certain kinds of nonprofits that don’t have to disclose their donors. These are organizations that have gotten the OK from the IRS to give cash to “social-welfare” causes like gun control or protecting the environment. They can also foot the bill for ads supporting candidates who are into their causes.
Dark money and campaign funding aren’t the only controversial topics when it comes to the election process. There are a lot of opinions about the rules around voting: how districts are drawn and what people are required to bring to the polls.
Redistricting
How does redistricting work?
In 2020, the gov will collect a ton of data about the country through the census, which determines things like where schools and hospitals should be built and how many House seats each state gets. Once that’s determined, state legislatures or independent commissions are responsible for drawing up the district maps (if Colorado gets seven districts, the state also gets seven House seats).
Why is it controversial?
A lot of times politics is involved to help a certain party keep its votes or get more. This is called partisan gerrymandering. And it’s becoming a big issue. Until the Supremes declare a sweeping stance on this, state lawmakers will likely continue to take advantage. Meaning: The party in power may have the chance to draw your district maps—which can keep your state leaning red or blue for decades.
Voter ID Laws
How do voter ID laws work?
They vary by state. Some states say “No ID, no problem.” Others require you to show some face, literally. That means photo IDs issued by the gov, like driver’s licenses and passports. Seven states—Georgia, Indiana, Kansas, Mississippi, Tennessee, Wisconsin, and Virginia—have laws that require a government-issued photo ID.
Why is that controversial?
Because not everyone has a photo ID or can get one easily. It typically costs money to get a government ID, and often costs money to get to the polls. Some in the GOP say strict voter ID laws prevent voter fraud. Dems say not so—they just keep minorities and low-income people from voting.
The Big Recurring Issues
While there are issues inherent to the election process, there are also issues that are important to who you vote for. Here are some of the biggest campaign issues, the opinions, and why a candidate’s stance matters.
Gun Control
The background
The Second Amendment was put in the Constitution to give citizens the right to defend themselves and their families. Fast forward more than 200 years later, there are hundreds of mass shootings a year.
The opinions
Everyone agrees that mass shootings need to stop. Not everyone agrees on
how to stop them, and who to blame. The recent pushes for reform have focused on things like universal background checks and making a digital record of gun purchases. In 2018, more than 1 million people showed up at the March for Our Lives protests across the country. Meanwhile, the NRA (National Rifle Association) and some on the right say that mental health problems, not gun ownership, are to blame and that their Second Amendment rights are under attack.