Analyzing American Democracy

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1 SUB Hamburg Analyzing American Democracy Politics and Political Science Jon R. Bond Texas A&M University Kevin B. Smith University of Nebraska-Lincoln O Routledge Taylor & Francis Group NEW YORK AND LONDON

2 CONTENTS Preface xv CHAPTER 1 The Basics of Democracy 2 Key Concepts: Politics, Government, and Popular Sovereignty 4 Politics and Government 4 Popular Sovereignty 5 Process and Substance 6 Core Democratic Principles 7 Two Basic Forms of Democracy 10 Direct Democracy 10 Representative Democracy 13. Representative Systems and Core Democratic Principles 14 Elections 14 Political Parties 15 Interest Groups 15 Representative Democracy in the United States Central Beliefs of Democracy in America 16 Fallacies Associated with Democracy in America 1/ The Challenge of American Democracy 20 Diversity and Difference 20 Dynamics 21 Ideology and Partisanship 22 False Consensus 24 Meeting the Challenge? 25 The Case for American Democracy 25 Major Criticisms of American Democracy 26 Making Sense of Politics:. Political Science 27 The Roots of Political Science 28 The Scientific Method 28 Theoretical Frameworks in Political Science 30

3 General Approach and Organization of the Book 33 Top 10 Takeaway Points 34 Key Terms and Cases 35 PART I: THE CONSTITUTIONAL FRAMEWORK CHAPTER 2 The American Constitution 36 The Concept of a Constitution 38 Circumstances That Led to the Creation of the Constitution 39 Historical Antecedents of the Constitution 39 Economic Conditions 42 Group Rivalries and the Movement for a Convention 43 The Constitutional Convention 44 The Founders 44 Agreement, Disagreement, and Compromise at the Convention 46 The Limited Role of Religion 47 The Draft Constitution and the Articles of Confederation Compared 48 The Ratification Campaign 52 Constitutional Principles 54 Written Constitution 56 Representative Government 57 Fragmentation of Power 58 Mixed Government 60 Changing the American Constitution 61 Formal Amendments 62 Constitutional Change through Custom and Usage 68 Executive Interpretation 69 Legislative Interpretation 70 Judicial Interpretation 70 Top 10 Takeaway Points 71 Key Terms and Cases 73 CHAPTER 3 Federalism 74 The Concept of Federalism in Context: Confederal, Unitary, and Federal Systems 77 Confederation 77

4 Unitary Government 78 Federalism 79 Why Federalism? 80 Advantages of Federalism 81 Disadvantages of Federalism 81 Division of Powers in the American Federal System The Powers of the National Government 83 The Powers, Rights, and Obligations of State Governments 85 Refereeing Power Conflicts 91 The Evolution of Federalism 92 Dual Federalism 94 Cooperative Federalism 95 New Federalism 99 Federalism and the Great Recession 102 Top 10 Takeaway Points 105 Key Terms and Cases 107 CHAPTER 4 Civil Liberties 108 The Concept of Civil Liberties 111 Liberty and Authority 112 Restrictions on the Government 113 The Bill of Rights 114 Restrictions on State Violations of Civil Liberties 114 Freedom of Religion 118 Prohibition against the Establishment of Religion 119 Free Exercise of Religion 122 Freedom of Expression 123 General Approaches 124 Specific Tests 124 Unprotected Speech 127 The Right to Privacy 131 Criminal Procedure 134 Exclusionary Rule 136 Right to Counsel 136

5 Right against Self-incrimination 137 Capital Punishment 138 Top 10 Takeaway Points 142 Key Terms and Cases 143 CHAPTER 5 Civil Rights 144 The Concept of Civil Rights 147 African Americans 149 Racial Segregation 150 The Judicial Strategy to End Segregation 150 The Revolution in Race Relations 152 Government's Response to the Race Revolution 153 Affirmative Action 157 Latinos 160 Native Americans 164 Women 168 Historical Background 168 The Reemergence of Women's Rights 171 People with Disabilities 175 LGBT Citizens 178 Top 10 Takeaway Points 180 Key Terms and Cases 182 PART II: CONNECTING CITIZENS TO GOVERNMENT CHAPTER 6 Interest Groups 184 The Concept of Interest Groups 188 Interest Group Goals 190 Interest Group Membership 190 Why People Join Interest Groups 192 The Benefits and Costs of Group Membership 192 Collective Action, Public Goods, and Free Riders 193 Overcoming the Free Rider Problem 195 The Origins and Growth of Interest Groups 196 Theoretical Perspectives on the Formation of Interest Groups 197 The Growth of Interest Groups 200 Interest Group Resources and Activities 203 CONTENTS

6 Political Resources 203 Political Tactics 205 The Power and Regulation of Interest Groups 211 Interest Group Power and Influence 211 Regulation of Interest Group Activity 216 Top 10 Takeaway Points 219 Key Terms and Cases 221 CHAPTER 7 Political Parties 222 The Concept of Political Parties 224 The Challenge of Defining American Political Parties 224 Comparison of Political Parties and Other Political Groupings 225 Membership in American Political Parties 226' Incentives for Associating with Political Parties 226 Why Parties? The History and Development of American Political Parties 230 A Sociological Explanation of Political Parties 230 A Rational Choice Explanation of Political Parties 231 Two-Party Competition in American Politics 233 The General Types of Party Systems 233 American Party Competition at the National Level 235 Reasons for the National Two-Party System 237 Minor Political Parties 242 What Political Parties Do 248 Facilitate Participation 248 Promote Government Responsiveness 250 Promote Government Accountability 251 Promote Stability and Peaceful Resolution of Conflict 251 The Responsible Party Model 252 The Strength of Political Parties 253 The Strength of Party in the Electorate 254 The Strength of Party in Government 258 The Strength of Party Organizations 261 Cycles of Party Strength 263 Top 10 Takeaway Points 263 Key Terms and Cases 265 CONTENTS

7 CHAPTER 8 The Mass Media and Politics 266 The Concept of a Free Press 269 Information and Education 270 Agenda Setting 279 Watchdog and Public Advocate 280 Threats to a Free Press 282 Government Control 282 Private Control 284 Media Bias 286 Political Bias 287 Racial and Gender Bias 292 Negativity Bias 292 Changes in the Public Sphere 293 The Decline of the Gatekeepers 294 Information and Civic Engagement 295 Top 10 Takeaway Points 298 Key Terms and Cases 299 CHAPTER 9 Public Opinion and Political Socialization 300 The Concept of Public Opinion 303 Direction 303 Stability 305 Intensity 306 Salience 306 The Competence of Public Opinion 308 Elite Opinion and Issue Publics 309 Interpreting Public Opinion Polls 311 Did the Poll Ask the Right People? 311 What Is the Margin of Error? 313 What Was the Question? 314 Which Question Came First? 315 The Bases of Public Opinion 317 Political Culture 317 Ideology 318 Political Socialization 321 Biological Models of Public Opinion 327 CONTENTS

8 Public Opinion and Participation 328 Top 10 Takeaway Points 329 Key Terms and Cases 331 CHAPTER 10 Elections 332 The Concept of Elections 334 Methods of Nominating Candidates 335 Legislative Caucus 335 Convention 336 Direct Primary 336 Nominating Presidential Candidates 337 The Allocation of National Convention Delegates 337 The Method and Timing of Delegate Selection 339 The Nomination Campaign 342 Can We Predict Who Will Win Party Nominations? 359 Electing the President 363 The Electoral College 363 The Campaign 372 Financing the Presidential Election 374 Nominating Candidates for Congress 376 Primary Laws 376 The Politics of Choosing Congressional Candidates 377 Electing Members of Congress 379 Apportionment 379 Congressional Districts 380 Incumbency Advantage in Congressional Elections 384 Financing Congressional Elections 389 Top 10 Takeaway Points 393 Key Terms and Cases 395 CHAPTER 11 Political Participation and Voting Behavior 396 The Concept of Political Participation 398 Forms of Political Participation 398 The Theoretical Basis of Political Participation 399 Is Political Participation in America High or Low? 401 The Right to Vote 402 Voter Turnout 405 CONTENTS

9 CONTENTS The Political System and Turnout 406 Individual Desire and Ability to Participate 411 Voting and Democracy 415 Models of Voting Behavior 416 The Sociological Model 416 The Social-Psychological Model 418 The Rational Choice Model 419 Explaining Voter Choice 420 Party Identification 421 Candidate Image 423 Issues 424 Voting Behavior and the Operation of the American Political System 425 Contemporary Realignment? 426 Top 10 Takeaway Points 427 Key Terms and Cases 428 PART III: CHAPTER OFFICIAL DECISION MAKING 12 Congress 430 The Concept of the U.S. Congress 433 Responsibilities of Congress 433 Primary Responsibilities 434 Secondary Responsibilities 438 Members of Congress and Their World 443 Backgrounds of National Legislators 444 Tenure and Career Patterns 446 Daily Life of a Member of Congress 448 Congressional Pay and Perquisites 449 Bicameralism in the American Congress 451 Leadership in the U.S. Senate 452 Leadership in the U.S. House of Representatives 455 The Committee System 457 Running the Legislative Obstacle Course 464 Bill Introduction and Committee Referral 465 Committee Consideration and Action 466 From Committee to the Floor 467

10 Resolving House-Senate Differences 472 Why Congress Does What It Does 473 The Distributive Model 474 The Informational Model 475 The Partisan Model 475 Top 10 Takeaway Points 476 Key Terms and Cases The Presidency 480 The Concept of the U.S. Presidency 483 The Development of the Presidency 485 A Single Executive 485 Broad Constitutional Provisions 487 Public Acceptance of Positive Government 487 Congressional Delegation of Power 488 Contemporary Expectations of the President 489 The President and the Presidency 489 The President as an Individual 490 The Presidency as an Organization 491 Organization of the Presidency and Presidential Effectiveness 496 The President's Primary Constitutional Responsibilities 499 Chief Executive 499 Commander in Chief 501 Chief Diplomat 502 The President as Party Leader 504 Limitations on the President as Party Leader 505 The President and Party Organization 505 The President and Electoral Activities 506 The President as Public Opinion Leader 508 Going Public 509 Presidential Approval Ratings 513 The President and Congress 515 Messages and Recommendations 516 The Veto 517

11 Presidential Success in Congress 518 Unilateral Powers 525 Top 10 Takeaway Points 531 Key Terms and Cases 533 CHAPTER 14 The Bureaucracy 534 The Concept of Bureaucracy 537 The Characteristics of Bureaucracy 538 The Weberian Model of Bureaucracy 539 The Merit System 540 Neutral Competence 541 The Bureaucrats 541 The Structure of American Bureaucracies 544 The Executive Office of the President 544 Cabinet Departments 544 Independent Agencies 546 Regulatory Agencies and Commissions 546 Government Corporations 549 Other Bureaus 550 The Politics of Organization 550 The Power of Bureaucracy 552 Rulemaking 553 Adjudication 554 Bureaucratic Lobbying 555 Controlling the Bureaucracy 557 Theories of Bureaucratic Behavior 558 Monitoring Bureaucracy 560 Influencing Bureaucracy 562 Reforming Bureaucracy 565 Running Government Like a Business 565 Businesses Running Government 566 Top 10 Takeaway Points 568 Key Terms and Cases 569 CHAPTER 15 The Federal Judiciary 570 The Concept of the Federal Judiciary 573 The Jurisdiction of Federal Courts 574 CONTENTS

12 PART IV: CONCLUSION Jurisdiction Defined in the Constitution 574 Original and Appellate Jurisdiction 575 The Power of Congress to Define Jurisdiction of Federal Courts 575 Jurisdiction Determined by Judicial Interpretation 575 The Structure and Organization of Federal Courts 576 The District Courts 576 The Courts of Appeals 578 The U.S. Supreme Court 579 The Selection and Background of Federal Judges 583 Party Affiliation and Philosophy 586 Balancing the Representativeness of the Court 587 Judicial Experience and Merit 592 Confirmation Politics in the Senate 594 Judicial Decision Making 599 Judicial Review in a Democratic Society 604 The Origins of Judicial Review 604 Concepts of Judicial Review 606 Patterns in the Exercise of Judicial Review 608 Constraints on the Exercise of Judicial Review 611 Top 10 Takeaway Points 616 Key Terms and Cases 618 CHAPTER 16 Core Democratic Principles and Public Policy 620 The Concept of Public Policy 623 The Stages of Policymaking 624 Agenda Setting 626 Policy Formulation and Adoption 631 Policy Implementation 634 Policy Evaluation 636 Public Policy and Core Democratic Values 640 Majority Rule 640 Political Freedom 641 Political Equality 641 Conclusion 643 CONTENTS

13 Top 10 Takeaway Points 644 Key Terms and Cases 645 Appendix A: Declaration of Independence 646 Appendix B-. The Articles of Confederation 649 Appendix C: The Constitution of the United States 655 Appendix D: Federalist Papers Number Federalist Papers Number Appendix E: Partisan Control of the Presidency, Congress, and the Supreme Court 676 References 680 Glossary of Key Terms 698 Cases Index 713 Name Index 715 Subject Index 721

Brief Contents. To the Student

Brief Contents. To the Student Brief Contents To the Student xiii 1 American Government and Politics in a Racially Divided World 1 2 The Constitution: Rights and Race Intertwined 27 3 Federalism: Balancing Power, Balancing Rights 57