Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P43 ppt

in 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, in formation 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 issue d 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 PROTECTION of 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- MENT that 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. President BILL CLINTON signed 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 w ere 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 408 DEFENSE OF MARRIAGE ACT OF 1996 persons 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 SECURITY survivor 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 Proposition 8 in 2008. The Maine legislature enacted a sam e-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 for PERSONAL INJURY compensation through a program of education and informa- tion. Since its inception, DRI has become an GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DEFENSE RESEARCH INSTITUTE 409 international 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 the ADVERSARY SYSTEM of 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 includ e 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 VALUE of the property. Waiver, the intentional relinquishment of a known right, of the benefits conferred by antideficiency legislation contravenes PUBLIC POLICY and 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, aba te- ment, DISCONTINUANCE, and intrusion, deforce- ment especially appli es to situations in which a person is entitled to a life estate or abso- lute ownership of land but has never taken possession. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 410 DEFICIENCY DEFRAUD To 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. _________________________________________ ___________________________________________________ DATE JUDICIAL OFFICER 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. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION DEFRAUD 411 person, 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 fromanother; 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 outstan ding amount. A del credere commission is the extra fee paid to the agent for such promises. DELECTUS PERSONAE [Latin, Choice of the person.]Bythistermis understood the right of p artners to exercise their choice and preference a s to the admi ssion of any n ew mem- bers to the partnership, and as to the p ersons to be so admitted, if any. The doctrine i s equally applicable to close and family corporations and is exemplified in the use of restrictions for the t ransfer 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 agovernmentbranchinwhichauthorityisplaced imparts such authority to another branch or to an ADMINISTRATIVE AGENCY. The U.S. Constituti on dele- gates different powers to the three branches of government: the executive, legislative, and judicial. However, certain powers ma y n ot be transfe rred from one branch o f g overnment t o a nother, s uch as the congressional power to declare war. Congress has wide l atitude in delegating p owers to administrative agencies, a nd the breadth of the powers given to t hese agencies has led t o a per- ception that administrative bodies are a “fourth branch” of the U.S. government. On a few occa- sions, mostly in the ea rly twentieth cent ury, the U.S. Supreme Court has applied the “non-delegation doctrine,” which res tricts the ability of Congress to delegate responsibilities reserved for o ne of the three br anches o f g over nment e stablished in the Constitution. However, the Court ha s seldom invoked this doctrine and rarely finds t hat 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 412 DEGREE with a preconceived intention. Deliberate is synonymous with premeditated. DELICTUM [Latin, A fault.] An injury, an offense, or a tort— a wrong done to the p roperty o r person of another t hat does not involve breach of contract. Culpability; blameworthiness of a c riminal nature, as in the Latin phrase in pari delicto—in equal fault or equally criminal—used to describe accomplices t o 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 allegatio n or assertion of a legal right. Ademandisanemphaticclaim,which presumes that no doubt exists r egarding 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 Jeffersonian REPUBLICAN PARTY, better known as the D emocratic-Republican Party, is an ancestor of the modern DEMOCRATIC PARTY.Itevolvedinthe 1790s during the early days of George Washing- ton’s presidency. Washington had been unani- mously chos en president in 1789 and had a broad base of support. THOMAS JEFFERSON se rved as Washington’s secretary of state, while ALEXANDE R 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 a CONFEDERATION of sovereign entities woven together by a common interest. Hamilton and his followers argued that a s trong central government was essential to the unity of the new nation. They favored a broad interpretation of the Constitution, whi ch they s aw as a d ocument 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’sgroup 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DEMOCRATIC-REPUBLICAN PARTY 413 Democratic-Republicans was how they appro- ached Britain and France. The Federalists believed that American foreign policy should favor British interests, where as 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 in dividual 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-s ufficiency. 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 American 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 generated TARIFF 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 dom inated 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 the WAR OF 1812, 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 414 DEMOCRATIC-REPUBLICAN PARTY of 1812 military hero ANDREW 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 han dily. 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 Jeffersonian REPUBLICAN PARTY, the Democratic-Republican Party began as an antifederalist group, opposed to strong, central- ized government. The party was officiall y 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 the DE 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’s REFORM 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 presiden t of the United States—favored limited powers for the national government. The fundam ental 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 transformatio n 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION DEMOCRATIC PARTY 415 and 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 federal TARIFF laws. Even more troublesome was the issue of states’ rights and SLAVERY. 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 den ounced 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’s TAMMANY 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 and GRAFT. 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 Demo cratic 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 1832 Baltimore 1836 Baltimore 1840 Baltimore 1844 Baltimore 1848 Baltimore 1852 Baltimore 1856 Cincinnati 1860 Baltimore a 1864 Chicago 1868 New York City 1872 Baltimore 1876 St. Louis 1880 Cincinnati 1884 Chicago 1888 St. Louis 1892 Chicago 1896 Chicago 1900 Kansas City, MO 1904 St. Louis 1908 Denver 1912 Baltimore 1916 St. Louis 1920 San Francisco 1924 New York City 1928 Houston 1932 Chicago 1936 Philadelphia 1940 Chicago 1944 Chicago 1948 Philadelphia 1952 Chicago 1956 Chicago 1960 Los Angeles 1964 Atlantic City 1968 Chicago 1972 Miami Beach 1976 New York City 1980 New York City 1984 San Francisco 1988 Atlanta 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. SOURCE: Democratic National Convention Web site, available online at http://www.demconvention.com/ history/ (accessed on August 7, 2009). Year Site GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 416 DEMOCRATIC PARTY assistance. He also drew support from the labor movement. With Bryan as the unsuccessful Democratic presidential nominee in 1896, 1900, and 1908, the party’soriginalpositiononlimited 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 Hou se. 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 TAFT and 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 by WARREN 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 sweeping NEW 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 the TWENTY-SECOND AMENDMENT to the U.S. Constitution. He also steered the nation through most of WORLD 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 key CIVIL RIGHTS legislation, 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 REAGAN in 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 President LYNDON 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 lead ers 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 Reag an. Another southern Democrat, then-governor BILL 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-birth ABORTION and to reform BANKRUPTCY laws to help creditors, among other things, and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DEMOCRATIC PARTY 417 . “relationship between GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 408 DEFENSE OF MARRIAGE ACT OF 1996 persons of the same sex that is treated as a marriage under the laws of another state, territory,. program of education and informa- tion. Since its inception, DRI has become an GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DEFENSE RESEARCH INSTITUTE 409 international organization of attorneys. estate or abso- lute ownership of land but has never taken possession. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 410 DEFICIENCY DEFRAUD To make a misrepresentation of an existing material fact,