Approaching DEMOCRACY.

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1 SUB Hamburg B/ Approaching DEMOCRACY. EIGHTH EDITION Larry Berman The Honors College, Georgia State University Professor Emeritus, University of California, Davis Bruce Allen Murphy Lafayette College

2 Detailed Contents Preface xv About the Authors xxii PART I Foundations of American Democracy APPROACHING DEMOCRACY 1 INTRODUCTION: Democracy as an Evolutionary Process 2 Forming a Picture of Democracy 3 Direct and Representative Democracy 5 The Ideals of Democracy 7 Freedom and Equality 8 Order and Stability 9 Majority Rule and Protection of Minority Rights 9 Participation 10 The Elements of Democracy 11 A System for Popular Participation 13 A Commitment to Preserve Freedom and Equality for All 14 An Independent Judiciary 14 Civilian Control of the Military and the Police 15 A Cultural Commitment to Democratic Ideals Among All Levels of Society 16 Compared to What? Why Elections Alone Are Not Sufficient for a Democracy: Casting a Ballot in the Democratic People's Republic of Korea 4 Approaching Contemporary Issues in Democracy: Unable to Vote: Modern Day Jim Crow? 1 2 Approaching Democracy Timeline: Expanding the Franchise: A Never-Ending Struggle for the Democratic Ideal 15 Summary 16 Key Terms 17 Test Yourself 17 ^) THE FOUNDING AND THE JLi CONSTITUTION 19 INTRODUCTION: The Constitution, Approaching Democracy, and America's "War on Terror" 20 The Road to Democracy 21 Early Colonial Governments 21 Social Contract Theorists 22 First Moves Toward a Union 24 Revolution and the Stirrings of a New Government 24 The First Continental Congress 25 The Second Continental Congress 26 Common Sense 26 The Declaration of Independence 26 The First New Government: A Confederation of States 28 The Articles of Confederation ( ) 29 The Need for a More Perfect Union 30 The Constitutional Convention 31 The Task 31 The Participants 32 Plans for a New Government 33 Debate and Compromise: The Turning Point of the Convention 35 The Issue of Slavery 36 The Nature of the Presidency 38 The Miracle: Results of the Convention 40 A Republican Form of Government 40 The Governmental Powers 41 Horizontal Powers 41 Vertical Powers 43 The Articles of the Constitution 44 Ratification: The Battle for the Constitution 47 The Federalist Papers 48 Federalists versus Antifederalists 48 Ratification by Way of Compromise: A Bill of Rights 50 Politics the Old-Fashioned Way: A Look at the Battle for Ratification 50 Adoption of the Bill of Rights 52 Updating the Constitution 53 Updating the Constitution Through the Amendment Process 53 Updating the Constitution by Judicial Interpretation 57 The Constitution and America's Approach to Democracy 57 Compared to What? Constitutional Reform in Egypt 39 Approaching Democracy Timeline: Constitutional Rights During and After Crisis Times 46 Approaching Contemporary Issues in Democracy: Balancing the Budget Through Constitutional Amendment? 56 Summary 58 Key Terms 59 Test Yourself 60 THE CONSTITUTION OF THE UNITED STATES 62

3 vni Detailed Contents FEDERALISM 77 INTRODUCTION: Federalism and Democracy 78 Federalism Denned 79 Federalism: Advantages and Disadvantages 80 Federalism in the Constitution 83 The Fulcrum of Powers 83 The Division of Powers 86 The Development of Federalism 90 Debating the National Role: Hamilton versus Jefferson 91 Asserting National Power: McCulloch v. Maryland 91 Expanding National Power Further: Gideon v. Ogden 92 Asserting State Power: Nullification 92 Developing a System of Separation: Dual Federalism 93 Creating a Cooperative System: The New Deal Era 94 Seeking Uniformity: Federalism in the Post-New Deal Era 96 Federal Grants and the Federal Mandates: Federalism Since Federalism Today 99 George W. Bush, Barack Obama, 2009-Present 100 The Roberts Court and the Future of Federalism 101 Federalism and Approaching Democracy in the 21st Century 104 Approaching Contemporary Issues in Democracy: How Will Justice Anthony Kennedy Vote in the Upcoming Health-care Plan Legal Appeal? 90 Compared to What? Evolving Federalism in Iraq 93 Approaching Democracy Timeline: Federal versus State Disputes 105 Summary 106 Key Terms 107 Test Yourself 107 PART II Institutions of American Democracy CONGRESS 109 u INTRODUCTION: Congress and Democracy 110 The Structure and Powers of Congress 111 What the Framers Had in Mind 111 Limits on Congress's Power 113 The Members of Congress 114 Who Are the Members? 114 Congressional Districts 115 Majority-Minority Districts and the Approach to Democracy 118 Delegates versus Trustees 119 Name Recognition and the Incumbency Factor 120 How Congress Organizes Itself 122 Congressional Leadership 122 Congressional Committees: The Laboratories of Congress Committees? 128 Decline and Return of the Congressional Committees? 128 Congress in Session Why Does Congress Use The Rules and Norms of Congress 129 How Members Make Voting Decisions 136 How a BUI Becomes a Law 138 The Congressional Agenda 138 Congress Considers the Bill 139 Obstacles to Passage of a Bill and the Obama Congress Response 141 Overcoming the Legislative Obstacles 143 Congress in the 21st Century 144 Compared to What? Seeking Democracy in Iraq 1 17 Approaching Democracy Timeline: Major Events in the Evolution of Congress 125 Approaching Contemporary Issues in Democracy: Revising the Senatorial Filibuster Rule? 132 Summary 146 Key Terms 147 Test Yourself 147 ^) THE PRESIDENCY 149 INTRODUCTION: The Presidency and Democracy 150 The Constitutional Design 151 Who Is Eligible to Be President? 152 Presidential Powers 153 Functional Roles of the President 159 Two Views of Executive Power 166 Expanding Presidential Power: Moving Beyond the Constitution 167 The Doctrine of Inherent Powers and Presidential Character 167 Conducting Foreign Policy and Making War 168 The Challenges of Presidential Leadership 170 The Power to Persuade 170 Going Public 172 The Institutionalized Presidency 173 The White House Office 174 The Executive Office of the President 175 The Cabinet 176 The Vice Presidency 176

4 Detailed Contents ix Approaching Democracy Timeline: Events That Have Shaped the Expanding Power of the Presidency 153 Compared to What? Avoiding a Presidential Paradox The Queen of England as Chief of State 161 Approaching Contemporary Issues in Democracy: Reconsidering the Intent of the Framers: No Term Limits on a President 179 Summary 180 Key Terms 181 Test Yourself 181 f 'Q THEJUDICIARY 183 INTRODUCTION: The Courts and Democracy 185 The Origins and Development of Judicial Power 185 Creating the "Least Dangerous Branch" 185 Marbury v. Madison: The Source of Judicial Power 186 Judicial Review: The Court's Ultimate Power 187 Other Powers of the Supreme Court 187 Independence of the Judiciary 188 The Organization of the American Court System 189 Types of Courts 189 Types of Cases 190 Organization of the Federal Courts 191 Court Appointments: The Process and the Politics 193 The Supreme Court Appointment Process 193 The Impact of Presidential Appointments on the Supreme Court 197 o Staffing the Lower Federal Courts 198 How the Supreme Court Operates 200 Selecting Cases 200 The Process of Deciding " Cases 202 Marshaling the Court: The Opinion- Drafting Process 204 The Announcement of Opinions 204 Law Clerks: The Tenth Justices? 205 Analyzing Supreme Court Decisions 206 The Use of Precedent and Other Legal Factors 206 The Mind-Set of Individual Justices 207 Voting Blocs 209 The Court's Independence in Approaching Democracy 212 Compared to What? Creating a Supreme Court in Great Britain 190 Approaching Democracy Timeline: Events That Have Affected the Independence and Power of the American Judiciary 199 Approaching Contemporary Issues in Democracy: Reforming the Supreme Court? 211 Summary 213 Key Terms 214 / Test Yourself 1\A THE BUREAUCRACY 216 INTRODUCTION: Bureaucracy and Democracy 217 Background on the Bureaucracy 218 Evolution of the Bureaucracy 219 Growth of the Federal Bureaucracy 219 Evolution of the Bureaucracy: Creating the Civil Service 220 Meet the Bureaucracy 224 What the Bureaucracy Does 224 The Structure of the Federal Bureaucracy 227 Constraints on the Bureaucracy and Bureaucratic Culture 229 Bureaucratic Accountability 230 Presidential Control 230 Congressional Control 233 What the Public Thinks of the Bureaucracy 234 Are the Criticisms Justified? 234 Reforming the Bureaucracy 235 Approaching Democracy Timeline: The Professionalization of a Career Bureaucracy 221 Approaching Contemporary Issues hi Democracy: The Merits of a Career Civil Service System 224 Compared to What? Who's in Charge? The Japanese Bueaucracy and Catastrophe 231 Summary 236 Key Terms 238 Test Yourself 238 PART III Processes of American Democracy Q PUBLIC OPINION 240 INTRODUCTION: Public Opinion and Democracy 241 What Is Public Opinion? 242 Measuring Public Opinion 242 Sample Size 243 Random Sampling 244 Reliability 246 The Importance of Polls 248 Political Socialization 248 The Role of Family 248 o Schooling 251 Peers 251 Television 251 Social Variables That Influence Opinion Formation 253 Class 253 Income 254 Race and Ethnicity 254 o Religion 255 Region 256 Gender 257 American Political Culture 258 Core Values 258 Political Ideology 259 Culture and Lifestyle 260 Intolerance 261

5 Detailed Contents The State of American Public Opinion 262 Political Awareness and Involvement 262 How Are Political Opinions Formed? 263 Stability and Change in Public Opinion 264 How Changeable Is Public Opinion? 265 From Public Opinion to Public Policy 266 Approaching Democracy Timeline: A History of Good and Bad Presidential Polling Predictions 249 Compared to What? Global Opinion on the Free Market Economic System 252 Approaching Contemporary Issues hi Democracy: What If the Voice of the People Really Ruled? 267 Summary 268 Key Terms 269 Test Yourself 269 y POLITICAL PARTIES 271 INTRODUCTION: Political Parties and Democracy 272 A Brief History of the American Party System 272 The Foundations of the Party System (1790s-l 824) 273 The First Institutional Party System ( ) 275 The Second Party System ( s) 275 The Third Party System ( ) 275 The Fourth Party System ( ) 276 The Fifth Party System ( ) 276 o The Sixth Party System (2000-?) 277 The Current Political Party System 279 Functions of American Political Parties 280 Parties Organize the Election Process 280 Parties Represent Group Interests 281 Parties Simplify Political Choices 281 Parties Organize Government and Policy Making 281 Party Organization 282 Parties at the Grassroots 282 The Party Machine 283 National Party Organization 283 Party Similarities and Differences 284 Nominating a President: Parties and Elections 285 Nominating Candidates 285 The 2008 Presidential Election 287 The 2012 Presidential Nomination Process 288 Reforming the Nominating Process 289 Why a Two-Party System? 292 Institutional Factors 293 Cultural Factors 293 Party Identification 294 Minor Parties 294 Why Minor Parties Appear 294 Minor-Party Performance 296 Functions of Minor Parties 297 The Rise of the Tea Party and Occupy Wall Street 297 Political Parties and the 2012 Election 299 Approaching Democracy Timeline: Key Events in Political Party History 292 Compared to What? The Great Recession and the Rise of Extremist Politics? 295 Approaching Contemporary Issues in Democracy: Changing the Electoral College and its Effect on the Party Structure 298 Summary 301 Key Terms 302 Test Yourself 302 PARTICIPATION, VOTING, AND ELECTIONS 304 INTRODUCTION: Political Participation and Democracy 305 Who Participates? 305 A Brief History of Voting in the United States 306 Voting 309 Voter Turnout 310 Explaining Turnout 310 Nonvoting 313 Who Votes? 314 o The Youth Vote 314 o The Gender Gap 314 «A Voting Trend: Direct Democracy 315 Voting Choice 316 Party 316 Candidate Appeal 317 Policies and Issues 317 Campaigns 318 Other Forms of Political Participation 319 Campaign and Election Activities 319 Seeking Information 319 Protest, Civil Disobedience, and Violence 320 Congressional Elections 321 Presidential Coattails 322 Presidential Elections 323 The Electoral College: The Framers' Intention 324 How the Electoral College Works Today 325 The Electoral College and Strategies for Campaigning 327 Reforming the Electoral College? 328 Interpreting Presidential Elections 329 Money and Elections 329 Federal Matching Funds 331 Campaign Finance Reform 332 Compared to What? Party List Proportional Representation: Voting for the Person or the Party 312 Approaching Contemporary Issues in Democracy: Making Voting Mandatory 313 Approaching Democracy Timeline: Money and Politics 329

6 Detailed Contents xi Summary 334 Key Terms 336 Test Yourself 336 INTEREST GROUPS 338 INTRODUCTION: Interest Groups and Democracy 339 Interest Groups: A Tradition in American Politics 339 What Is an Interest Group? 340 A Long History of Association 341 The Development of Modern Interest Groups 342 The Rise of the American Tea Party and Occupy Wall Street and the Nature of 21st-century Grassroots Lobbying 344 Functions of Interest Groups 345 Interest Groups Allow for Collective Action 346 Interest Groups Provide Information 346 Types of Interest Groups 348 Economic Interest Groups 348 Public Interest Groups 349 Government Interest Groups 350 Ideological Interest Groups 350 Religious Interest Groups 351 Civil Rights Interest Groups 351 Single-Issue Interest Groups 352 Characteristics of Interest Groups 352 Interest Group Membership 353 Other Characteristics of Interest Groups 354 Interest Group Strategies 354 Lobbying 355 Grassroots Activity 356 Using the Courts and Lobbying the Political Branches 358 Political Action Committees 360 Regulation of Interest Groups 361 Assessing the Impact of Interest Groups 363 Comparison of Lobbying in the Bush and Obama Presidencies 364 Lobbying During the Bush Presidency 364 Lobbying During the Obama Presidency 366 Interest Groups and American Democracy in the 21st Century 367 Compared to What? Iran's Cyber-Revolution 347 Approaching Contemporary Issues in Democracy: Are the Tea Party and Occupy Wall Street Movements an Approach to Democracy? 359 Approaching Democracy Timeline: The History of Interest Group Reforms 362 Summary 368 ^' Key Terms 369 Test Yourself 369 THE MEDIA 371 INTRODUCTION: The Media and Democracy 372 Emergence of the Media 375 Newspapers 375 Magazines 379 «Radio 379 Television 380 New Media Technologies 381 Blogs and Social Media 382 Functions of the Media 384 Surveillance 384 Interpretation 385 Socialization 387 Limits on Media Freedom 387 Regulating the Media 387 Prior Restraint versus the Right to Know 390 Ideological Bias and Media Control 391 Media Ownership and Control 394 Media- Government Symbiosis 395 The Media and Elections 396 Press Coverage 396 Talk Shows 397 Television and Presidential Elections 397 Political Advertising 398 Compared to What? The Courage to Inform: The Hellman/ Hammett Award for Politically Persecuted Writers 376 Approaching Democracy Timeline: Media as a Watchdog: History of Scandals 385 Approaching Contemporary Issues in Democracy: Reinstating the Fairness Doctrine 389 Summary 399 Key Terms 400 Test Yourself 400 PART IV Liberties and Rights in American Democracies CIVIL LIBERTIES 402 INTRODUCTION: Civil Liberties and Democracy 403 Defining and Examining Civil Liberties and Civil Rights 404 The Dawn of Civil Liberties and Civil Rights in America 405 A History of the Application of Civil Liberties to the States 405 The Fourteenth Amendment 408 The Clear and Present Danger Test 408 The Beginnings of Incorporation 409 Selective Incorporation of the Bill of Rights 410

7 Xll Detailed Contents Freedom of Religion 411 Establishment of Religion 411 Free Exercise of Religion 414 Freedom of Speech 415 Political Speech 416 Public Speech 417 Symbolic Speech 418 The Roberts Court and Free Speech 419 Freedom of the Press 420 Prior Restraint 421 Libel 421 Obscenity 423 The Rights of Defendants 424 The Fourth Amendment 425 The Fifth and Sixth Amendments 431 The Death Penalty and the Eighth Amendment 433 The Expanding Nature of Implied Rights 435 Privacy 436 Abortion 436 The Right to Die 438 The 2012 Election, Anthony Kennedy, and the Future of Civil Liberties 440 Approaching Democracy Timeline: Level of Free Speech Protection During Crisis Times 419 Compared to What? The Crisis of Press Freedom in Great Britain 422 Approaching Contemporary Issues in Democracy: The Roberts Court "Good Faith" Standard and the Fourth Amendment's Protections 432 Summary 440 Key Terms 442 Test Yourself 442 CIVIL RIGHTS AND POLITICAL EQUALITY 444 INTRODUCTION: Civil Rights and Democracy 445 Defining Civil Rights 446 Establishing Constitutional Equality 446 The Dred Scott Case 447 The Civil War and Reconstruction 447 Creating Legal Segregation 449 Separate but Equal? 449 The Disenfranchisement of African American Voters 450 Establishing Legal Equality 450 The White House and Desegregation 451 Seeking Equality in the Schools 451 State and Federal Responses 452 The Civil RightsJMovement 453 The Civil Rights Acts 454 The Supreme Court and Civil Rights 455 Dejure versus De Facto Discrimination 455 The End of Brown v. Board of Education and the 1965 Voting Rights Act? 456 Affirmative Action 459 Seeking Full Equality: Opportunity or Result? 459 Affirmative Action in the Reagan-Bush Era 460 The Future of Affirmative Action in the 21st Century? 461 Women's Rights 464 Two Steps Forward, One Step Back 464 The Struggle for Suffrage 465 The Road to Equality 465 Seeking Equality Through the Courts 468 Civil Rights and Other Minorities 471 Gay Rights 471 The New Battleground over Gay Rights 472 Hispanic Americans 474 Native Americans 475 Emerging Minority Groups Seek Prominence 477 Americans with Disabilities 477 The Elderly 478 Civil Rights and the War on Terrorism 479 Civil Rights in the 21st Century 480 Approaching Democracy Timeline: The Journey to Emancipation in America 448 Approaching Democracy Timeline: The Evolution Toward Civil Rights in America 458 Compared to What? The Move Toward Women's Rights in Afghanistan and Iraq 466 Approaching Democracy Timeline: The Evolution of Women's Rights in America 471 Approaching Contemporary Issues in Democracy: State Anti-Immigration Laws and the Constitution 476 Summary 481 Key Terms 482 Test Yourself 482 PART V Policy Making in American Democracy DOMESTIC AND ECONOMIC POLICY 484 INTRODUCTION: Public and Economic Policy 485 Types of Policies 485 The Policy-Making Process 486 The life Cycle of Policy Making 486 Joining the Public Agenda 488 Reaching the Formal Agenda 489 Implementing a Policy 489 Evaluating a Policy 490 Terminating a Policy 490 Continuing a Policy 491 Regulatory Policy 491 Regulating the Environment 492

8 Detailed Contents xiii Social Welfare Policy 497 The Social Security Act 498 The War on Poverty 499 Economic Policy 501 The Goals of Economic Policy 502 The Politics of the Federal Budget 503 The President Proposes, Congress Disposes 503 Taxing 505 Sources of Tax Dollars 506 Tax Reform 506 Spending 508 The Politics of International Economic Policy 508 Approaching Democracy Timeline: History of Major U.S. Environmental Regulations 492 Compared to What? Climate Change: Different Solutions to This Global Problem 496 Approaching Contemporary Issues in Democracy: The Flat Tax 507 Summary 509 Key Terms 510 Test Yourself 511 H) FOREIGN POLICY 513 INTRODUCTION: Foreign Policy and Democracy 514 An Overview of American Foreign Policy 515 Isolationism and Regionalism 516 World War I 516 World War II 517 Globalism and the Cold War 518 The Post-Cold War Era 522 The Constitution and Foreign Policy 526 The President versus Congress 527 The War Powers Resolution 528 The Foreign Policy Bureaucracy 529 The State Department 529 The Defense Department 530 The National Security Council 531 The CIA and Intelligence Gathering 532 The Agencies Behind Economic Policy Making 532 Democratic Checks on Foreign Policy 534 The Media 534 The Public 534 Approaching Democracy Timeline: Committing U.S. Troops to Foreign Soil 522 Compared to What? Conducting Foreign Policy Without a Government: Belgium's World Record Setting Government Coalition Negotiations 527 Approaching Contemporary Issues in Democracy: Transparency and the CIA 533 Summary 535 Key Terms 536 Test Yourself 536 APPENDIX 1: Introducing the Concept of Approaching Democracy 540 APPENDIX 2: Presidents and Congresses, 1789-February APPENDIX 3: Supreme Court Justices 543 APPENDIX 4: The Declaration of Independence 545 APPENDIX 5: The Federalist, No. 10, James Madison 547 APPENDIX 6: The Federalist, No. 51, James Madison 550 Glossary 552 Suggested Readings 562 Notes 568 Photo Credits 585 Index 586

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