We the People 13th Edition pdf

Page 1


Preface xix

Acknowledgments xxii

PART I FOUNDATIONS

1 ★ Introduction: The Citizen and Government 2 Government Is How We Are Ruled 5 Is Government Needed? 5

Different Forms of Government Are Defined by Freedom and Power 5

Limits on Government Encouraged Freedom 7 The Expansion of Participation Shifted Political Power 8

Participation in Government Is How People Have a Say in What Happens 8

Citizenship Is Based on Participation, Knowledge, and Efficacy 9 Who Are Americans? 10

Immigration Has Changed American Identity 11 Who Are Americans in the Twenty-First Century? 12

AMERICA SIDE BY SIDE Forms of Government 15

American Political Culture Is Built on Liberty, Equality, and Democracy 17

Liberty Means Freedom 17

Equality Means Treating People Fairly 18

WHO PARTICIPATES? Can Young People Make a Difference in Politics? 19

Democracy Means That What the People Want Matters

21

What Americans Think about Government 21 HOW TO Debate Respectfully 22

Trust in Government Has Declined 24

The Citizen and Government: What Do You Think? 24

Study Guide 25

2 ★ The Founding and the Constitution 28

The First Founding: Interests and Conflicts 31

British Taxes and Colonial Interests 31

Political Strife Radicalized the Colonists 32

The Declaration of Independence Explained Why the Colonists Wanted to Break with Great Britain 33

The Articles of Confederation Created America’s First National Government 34

The Failure of the Articles of Confederation Made the “Second Founding” Necessary 34

The Annapolis Convention Was Key to Calling a National Convention 35 Shays’s Rebellion 35

The Constitutional Convention Didn’t Start Out to Write a New Constitution 36

The Constitution Created Both Bold Powers and Sharp Limits on Power 39

The Legislative Branch Was Designed to Be the Most Powerful 41

The Executive Branch Created a Brand-New Office 42 The Judicial Branch Was a Check on Too Much Democracy 43

National Unity and Power Set the New Constitution Apart from the Old Articles 43

The Constitution Establishes the Process for Amendment 44

The Constitution Sets Forth Rules for Its Own Ratification 44

Constitutional Limits on the National Government’s Power 44

Ratification of the Constitution Was Difficult 47

Federalists and Antifederalists Fought Bitterly over the Wisdom of the New Constitution 47

From Layer Cake to Marble Cake: Cooperative

Federalism and the Use of Categorical Grants 74

Regulated Federalism and the Rise of National Standards

75

Federalism Today Is as Important as Ever 76

States’ Rights 77

Devolution 78

Federal–State Tensions in Two Issue Areas 80

State–Local Tensions 80 WHO PARTICIPATES? Who Participates in Local Elections Compared to National Elections? 81

Political Ramifications of Federalism 83

Federalism: What Do You Think? 84

Study Guide 85

4 ★ Civil Liberties 88

The Bill of Rights Originated with Opponents of the Constitution 91

The Fourteenth Amendment Nationalized the Bill of Rights through Incorporation 93

The First Amendment Guarantees Freedom of Religion 94

Separation between Church and State 94 Free Exercise of Religion 97

The First Amendment’s Freedom of Speech and of the Press

Ensure the Free Exchange of Ideas 97

Political Speech 98

Fighting Words and Hate Speech 99

Student Speech 100

Commercial Speech 100

Symbolic Speech, Speech Plus, and the Rights of Assembly and Petition 101

Freedom of the Press 102

AMERICA SIDE BY SIDE Global Freedom of the Press 103

The Second Amendment Protects the Right to Bear Arms 104

Rights of the Criminally Accused Are Based on Due Process of Law 107

The Fourth Amendment and Searches and Seizures 107

The Fifth Amendment 108

The Sixth Amendment and the Right to Counsel 110

The Eighth Amendment and Cruel and Unusual Punishment 111

The Right to Privacy Means the Right to Be Left Alone 112

Eminent Domain 112

Birth Control 112

WHO PARTICIPATES? Abortion and the Right to

Privacy 113

Abortion 114

Sexual Orientation 114

Civil Liberties: What Do You Think? 115

Study Guide 116

5 ★ Civil Rights 118

Civil Rights Are Protections by the Government 121

Slavery and the Abolitionist Movement 121

The Women’s Rights Movement 122

The Civil War Amendments to the Constitution and Their Aftermath 122

Civil Rights and the Supreme Court: “Separate but Equal” 123

Litigating for Equality after World War II 124

Civil Rights after Brown v. Board of Education 125

The Civil Rights Acts 127

Civil Rights Have Been Extended to Other Groups 132

Women and Gender Discrimination 132

WHO PARTICIPATES? Have Women Achieved Equal Rights? 133

AMERICA SIDE BY SIDE Global Economic Gender Equality 135

Latinos 136

Asian Americans 137

Native Americans 139

Disabled Americans 139

LGBTQ Americans 140

Affirmative Action Seeks to Right Past Wrongs 141

The Supreme Court and the Burden of Proof 141

Civil Rights: What Do You Think? 143

Study Guide 144

PART II POLITICS

6 ★ Public Opinion 148

Public Opinion Is Defined by Basic Values and Beliefs 151

Political Values 151

Political Ideology 152

How We Form Public Opinions 156

Political Socialization 156

Social Groups and Public Opinion 158

WHO PARTICIPATES? Who Talks about Politics? 159

Political Leaders 163

AMERICA SIDE BY SIDE Confidence in Democratic Institutions 164

Political Knowledge Is Important in Shaping Public Opinion 165

Political Knowledge 165

Public Opinion Can Shape Government Policy 167

Government Responsiveness to Public Opinion 167

Does Everyone’s Opinion Count Equally? 168

Measuring Public Opinion Is Crucial to Understanding What It Is 169

Measuring Public Opinion from Surveys 169

HOW TO Evaluate a Poll 172

When Polls Are Wrong 174

Public Opinion: What Do You Think? 176

Study Guide 177

7 ★ The Media 180

The Media Are Indispensable to American Democracy 183

Journalism 184

The Profit Motive 185

AMERICA SIDE BY SIDE Internet Freedom 186

Mass Media Ownership 187

Modern Media Have Been Digitally Transformed 187

Newspapers 189

Television 191

Radio 192

Digital Media 192

Citizen Journalism 195

Benefits of Online News 195

Concerns about Online News 196

HOW TO Evaluate a News Source 198

Do Americans Trust the Media Today? 200

Media Influence Shapes What We Think About 200

WHO PARTICIPATES? Who Sees Fake News . . . and

Who Does Something about It? 201

How the Media Influence Politics 202

Journalists Shape Political News 205

Media Leaks 205

Adversarial Journalism 206

Regulation of the Media Is Limited 207

The Media and Democracy: What Do You Think? 208

Study Guide 210

8 ★ Political Parties and Interest Groups 212

What Are Political Parties? 215

The United States’ Two-Party System 215

Political Parties Organize and Channel Many Voices 216

Recruiting Candidates 216

Party Organizations Define How Parties Operate 216

National Committees 216

AMERICA SIDE BY SIDE Comparing Party Systems

217

Parties Seek to Control Government 218

Factions within the Parties 219

Party Identification Guides Voters 220

Who Are Republicans and Democrats? 221

Party Polarization in Society 224

WHO PARTICIPATES? Who Votes in Primaries and Caucuses? 225

Electoral Realignments Define Party Systems 226

The First Party System: Federalists and Jeffersonian Republicans 226

The Second Party System: Democrats and Whigs 228

The Civil War Party System 228

The System of 1896: Populism and Republican Responses 229

The New Deal Party System: Government Helps the Working Class 229

The Contemporary American Party System 230

Third Parties 231

Interest Groups Are Composed of Many Types 232 Types of Interest Groups 233

Why Do Interest Groups Form? 235

HOW TO Start an Advocacy Group 236

What Interests Are Not Represented? 239

What Do Interest Groups Do? 240

Interest Groups Influence Congress through Lobbying 241

Using the Courts 244

How Influential Are Interest Groups? 244

Measuring Interest Group Influence 245

Regulating Lobbying 245

Political Parties and Interest Groups: What Do You Think?

246

Study Guide 247

9 ★ Participation, Campaigns, and Elections 250

Who Participates and How? 253

Riots and Protests 253

Political Participation in Elections 253

Online Political Participation 256

AMERICA SIDE BY SIDE Voter Turnout in

Comparison 257

Socioeconomic Status 258

Age 259

Race and Ethnicity 259

Gender 261

Religion 261

State Electoral Laws Regulate Most Voting 262

Registration Requirements 263

HOW TO Register . . . and Vote 264

Voter Identification Requirements 266

The Ballot 266

Presidential Elections 267

Election Campaigns Are a Political Marathon 269

Campaign Consultants 270

Fundraising 270

Campaign Strategy 273

Voters Decide Based on Party, Issues, and Candidates

277

Partisan Loyalty 277

Issues and Policy Preferences 277

Candidate Characteristics 278

The 2020 Presidential Elections: A Tale of Three Crises 278

The Backdrop: Polarization 279

The Campaign 280

The Results 282

The Aftermath 283

Analyzing the 2020 Elections 284 WHO PARTICIPATES? Who Participates in Political Campaigns and Elections? 285

Conclusion: The 2020 Election and America’s Future

Political Participation and Elections: What Do You Think?

10 ★ Congress 290

Congress Represents the American People 293

House and Senate: Differences in Representation 293

Trustee versus Delegate Representation 294

Descriptive versus Substantive Representation 295

AMERICA SIDE BY SIDE Women’s Legislative

Representation 298

Congressional Elections 300

WHO PARTICIPATES? Who Elects Congress? 301

HOW TO Contact Your Member of Congress 306

Congressional Organization Determines Power 308

Party Leadership in the House 308

Party Leadership in the Senate 309

The Committee System 309

The Staff System 312

Rules of Lawmaking Explain How a Bill Becomes a Law 313

Committee Deliberation 313

Debate 315

Conference Committee: Reconciling House and Senate

Versions of Legislation 317

Presidential Action 317

Is Regular Order Still Regular? The Rise of the New Order in Congress 317

“Follow-the-Leader” Lawmaking 318

Who Influences Congressional Decision-Making? 320

Constituency 321

Interest Groups 321

Party 322

When Congress Has Trouble Deciding 324

Congress Does More Than Make Laws 324

Oversight 325

Advice and Consent: Special Senate Powers 326

Impeachment 326

Congress: What Do You Think? 327

Study Guide 329

11 ★ The Presidency 332

Presidential Power Is Rooted in the Constitution 335

Expressed Powers 336

Implied Powers 341

AMERICA SIDE BY SIDE Comparing Executive

Authority 343

Delegated Powers 344

Inherent Powers 344

Presidents Claim Many Institutional Powers 346

The Cabinet 346

The White House Staff 347

The Executive Office of the President 348

The Vice Presidency 348

The President’s Party 349

The First Spouse 350

WHO PARTICIPATES? Who Supports the President’s Agenda? 351

Presidential Power Grew in the Twentieth Century 352 Going Public 352

The Administrative Strategy 354

The Limits of Presidential Power: Checks and Balances 359

Presidential Power: What Do You Think? 360 Study Guide 362

12 ★ The Bureaucracy 364

What Is the Federal Bureaucracy? 367

What Bureaucrats Do 367

How the Bureaucracy Is Organized 371

AMERICA SIDE BY SIDE Bureaucracy in Comparison 372

HOW TO Apply for a Federal Job 376 WHO PARTICIPATES? What Do People Think of Federal Agencies? 379 Who Are Bureaucrats? 380

The Bureaucracy Needs to Be Managed 383

The President as Chief Executive 384

Congressional Control 385

Presidential–Congressional Struggle for Bureaucratic

Control: A Case Study 387

Judicial Oversight 389

Whistleblowing 389

Citizen Oversight 389

The Difficulties of Bureaucratic Control 390

Bureaucracy: What Do You Think? 391

Study Guide 392

13 ★ The Federal Courts 394

The Legal System Settles Disputes 397

Cases and the Law 397

Types of Courts 399

Federal Courts Hear a Small Percentage of All Cases

402

Federal Trial Courts 403

Federal Appellate Courts 403

The Supreme Court 403

How Judges Are Appointed 404

The Power of the Supreme Court Is Judicial Review 407

Judicial Review of Acts of Congress 407

Judicial Review of State Actions 408

AMERICA SIDE BY SIDE Courts in Comparison 409

Judicial Review of Federal Agency Actions 410

Judicial Review and Presidential Power 410

Most Cases Reach the Supreme Court by Appeal 411

Accessing the Court 411

Beyond the Judges: Key Players in the Federal Court Process 414

WHO PARTICIPATES? Comparing How States Select Judges 415

Lobbying for Access: Interests and the Court 416

The Supreme Court’s Procedures 416

Supreme Court Decisions Are Influenced by Activism and Ideology 420

Influences on Supreme Court Decision-Making 420

Judicial Power and Politics 423

The Federal Judiciary: What Do You Think? 424 Study Guide 425

PART IV POLICY

14 ★ Domestic Policy 428

The Government Shapes Economic Policy with Three Tools 431 Fiscal Policies 431

AMERICA SIDE BY SIDE Global Tax Rates 433

Monetary Policies 435

Regulation and Antitrust Policy 437

Economic Policy Making Is Inherently Political 438

How Much Should the Government Intervene in the Economy? 438

The Welfare State Was Created to Address Inequality 441

Foundations of the Welfare State 441

Social Policies Open Opportunity 445

Education Policies 445

Health Policies 447

Housing Policies 450

Who Gets What from Social Policy? 451

The Elderly 452

The Middle and Upper Classes 452

WHO PARTICIPATES? Who Receives Benefits from

Social Programs? 453

The Working Poor 454

The Nonworking Poor 455

Minorities, Women, and Children 455

Domestic Policy: What Do You Think? 457

Study Guide 459

15 ★ Foreign Policy 462

The Goals of Foreign Policy 465

Security 465

Economic Prosperity 469

Human Rights 470

American Foreign Policy Is Shaped by Government and

Nongovernment Actors 471

The President and the Executive Branch 471

AMERICA SIDE BY SIDE Foreign Aid in Comparison

473

Congress 477

Interest Groups 478

Tools of American Foreign Policy: Diplomacy, Money, and Force 479

Diplomacy 480

The United Nations 480

The International Monetary Structure 481

Economic Aid and Sanctions 481

Collective Security 482

Military Force 482

Soft Power 484

Arbitration 484

WHO PARTICIPATES? Who Serves in the U.S.

Military? 485

Daunting Foreign Policy Issues Face the United States 486

A Powerful China and a Resurgent Russia 486

Nuclear Proliferation in Iran and North Korea 487

Trade Policy 487

Global Environmental Policy 488

Foreign Policy: What Do You Think? 489

Study Guide 490

1. The Declaration of Independence A1

2. The Articles of Confederation A5

3. The Constitution of the United States of America A11

4. Amendments to the Constitution A21

5. The Federalist Papers A30

6. The Anti-Federalist Papers A38

7. Presidents and Vice Presidents A45

Endnotes A49

Answer Key A87

Credits A89

Glossary/Index A93

Introduction: The Citizen and Government

During the coronavirus pandemic in the spring of 2020, the Strategic National Stockpile was deployed to help get health care workers across the United States personal protective equipment. However, some states received more equipment for their health care workers than others, depending on the population and need of each state. Here, nurses in Florida don masks and face shields as they begin testing for the virus at a senior center.

WHAT GOVERNMENT DOES AND WHY IT MATTERS

When Kimberly Green-Yates, chief operating officer of a group of nursing homes in Oklahoma, heard about the coronavirus deaths in Washington State nursing homes in early 2020, she ordered a large supply of PPE, personal protective equipment such as masks and gloves, and locked it away. “The people we take care of are the most vulnerable. Without PPE, we can’t keep them safe,”

she said. But Green-Yates worried; some of the equipment was used up during the flu season and it wasn’t clear whether new equipment would be available. Her state’s department of emergency management had requested additional supplies from the Strategic National Stockpile, which is managed by the federal Department of Health and Human Services (HHS) for use during crises that overwhelm local resources. Usually such emergencies— think of hurricanes or chemical plant explosions—are geographically concentrated. But the nationwide coronavirus outbreak forced HHS to make decisions about how to allocate its stockpile around the country. It chose to allot medical masks, gloves, and gowns by a formula using outbreak severity and state population, rather than outbreak severity alone. That meant that Florida, population 21 million, received all of the 180,000 masks it requested, while Oklahoma, population 4 million, received only 10 percent of its

500,000-mask request. Moreover, nearly all of the supplies in the national stockpile were expired. Most had been purchased in 2007 when extra funding for pandemic flu preparation had been included in the federal budget. But by 2020 they had “exceeded their shelf life,” according to an HHS letter. “Public health emergency preparedness . . . has been chronically underfunded for years,” said Michael Lanza, spokesman for the New York City Health Department, which had requested 2.2 million masks and received 78,000, all expired.

1

Every day, government affects our lives and those of our family members, friends, and community. Sometimes those efforts are difficult to recognize, like when we eat a hamburger that because of government meat inspection doesn’t make us sick. Sometimes government’s activity is very visible, like

when the governors of New York and Washington State, in response to the coronavirus pandemic, requested major disaster declarations, which the federal government approved, freeing government resources such as new medical stations for those states. And sometimes government’s activity falls short, like the beleaguered Strategic National Stockpile, undermining Americans’ security and well-being. Americans have a variety of different views about the appropriate role of government. Some saw the work-from-home orders put in place by some local and state governments in response to the coronavirus pandemic as threats to their liberty and a classic case of government overreach. Yet others thought such mandates came too late to ensure Americans’ health and security. Moreover, the pandemic affected Americans very differently, as both the coronavirus’s health effects and its economic implications varied by

age, gender, race, and class. Government’s success in offsetting the virus’s health and economic effects varied across different groups as well. Thus government affects us all in ways big and small. The purpose of this book is to show what government does, how, and why—and what you can do about it.

CHAPTER GOALS

Differentiate between forms of government (pp. 5–9)

Describe the rights and responsibilities that citizens have in a democracy (pp. 9–10)

Describe the social composition of the American population and how it has changed over time (pp. 10–17)

Describe how cultural values of liberty, equality, and democracy influence the U.S. system of government (pp. 17–21)

Summarize Americans’ attitudes toward government (pp. 21–24)

Endnotes Lydia DePillis et al., “Here’s Why Florida

Got All the Emergency

Medical Supplies It Requested While Other States Did Not,” ProPublica, March 20, 2020, www.propublica.org/article/hereswhy-florida-got-allthe-emergency-medical-supplies-it-requested-whileother-states-did-not (accessed 3/23/20). Return to reference 1

Government Is How We Are Ruled

Differentiate between forms of government

Government is the term generally used to describe the formal institutions through which a territory and its people are ruled. A government may be as simple as a town meeting in which community members make policy or as complex as the vast establishments found in many large countries today, with extensive procedures, laws, and bureaucracies. In the history of civilization, thousands of governments have been established. The hard part is establishing one that lasts.

Even more difficult is developing a stable government that is true to the core American political values of liberty, equality, and democracy. Though in principle these three values are endorsed by most Americans, in practice each of them means different things to different people, and they often seem to conflict with one another. This is where politics comes in. Politics refers to conflicts and struggles over the leadership, structure, and policies of governments.

IS GOVERNMENT NEEDED?

Government is needed to provide basic services, sometimes called “public goods,” that citizens all need but probably cannot individually provide adequately for themselves. These include defense against foreign aggression, maintenance of public order, a stable currency, enforcement of contractual obligations and property rights, and some measure of economic security.

Government, with its powers to tax and regulate, is viewed as the best way to provide public goods. However, there is often disagreement about which public goods are essential and how they should be provided.

Much of what citizens have come to depend on and take for granted as part of their everyday environment is in fact created by government. Throughout the day, for example, a typical college student relies on a host of services and activities organized by national, state, and local government agencies. The extent of this dependence is illustrated in Table 1.1 on p. 6.

DIFFERENT FORMS OF GOVERNMENT ARE DEFINED BY FREEDOM AND POWER

Two questions are of special importance in determining how governments differ: Who governs? And how much government control is permitted?

Some nations are governed by a single individual—a king or dictator, for

example. This system is called autocracy. Where a small group—perhaps landowners, military officers, or the wealthy controls most of the governing decisions, that government is said to be an oligarchy. If citizens or the general adult population have the power to rule themselves, that government is a democracy.

TABLE 1.1

The Presence of Government in the Daily Life of a Student at “State University”

TIME SCHEDULE

7:00

A.M. Wake up. Standard time set by the national government.

7:10

A.M.

Shower. Water courtesy of local government, and supplied by either a public entity or a regulated private company.

7:30 A.M.

Have a bowl of cereal with milk for breakfast. “Nutrition Facts” on food labels are a federal requirement.

8:30 A.M.

Drive or take public transportation to campus. Airbags and seat belts required by federal and state laws. Roads and bridges paid for by state and local governments.

8:45 A.M.

Arrive on campus of large public university. Buildings are 70 percent financed by state taxpayers.

9:00 A.M.

First class: Chemistry 101. Tuition partially paid by a federal

loan (more than half the cost of university instruction is paid for by taxpayers), chemistry lab paid for with grants from the National Science Foundation (a federal agency) and smaller grants from business corporations made possible by federal income tax deductions for charitable contributions.

Noon

Eat lunch. College cafeteria financed by state dormitory authority on land grant from federal Department of Agriculture.

2:00 P.M.

Second class: American Government 101 (your favorite class!). You may be taking this class because it is required by the state legislature or because it fulfills a university requirement.

4:00 P.M.

Third class: Computer Science 101. Free computers, software, and internet access courtesy of state subsidies plus grants and discounts from Apple and Microsoft, the costs of which are deducted from their corporate income taxes; internet built in part by federal government. Duplication of software prohibited by federal copyright laws.

6:00

P.M.

Eat dinner: hamburger and french fries. Meat inspected for bacteria by federal agencies.

7:00 P.M.

Work at part-time job at the campus library. Minimum wage set by federal, state, or local government.

8:15

P.M.

Go online to check the status of your application for a federal student loan (FAFSA) on the Department of Education’s website at studentaid.gov.

10:15

P.M.

Watch TV. Networks regulated by federal government, cable public-access channels required by city law. Weather forecast provided to broadcasters by a federal agency.

Midnight

Put out the trash before going to bed. Trash collected by city sanitation department, financed by user charges.

Governments also vary considerably in terms of how they govern. In the United States and a number of other nations, constitutions and other laws limit what governments can do and how they go about it. Governments

limited in this way are called liberal or constitutional governments.

In other nations, including some in Latin America, Asia, and Africa, the government recognizes no formal limits, but is nevertheless kept in check by other political and social institutions that it cannot control—such as selfgoverning territories, an organized religion, business organizations, or labor unions. Such governments are generally called authoritarian.

In a third group of nations, including the Soviet Union under Joseph Stalin, Nazi Germany, and North Korea today, governments not only lack legal limits but also try to eliminate institutions that might challenge their authority. These governments typically attempt to control all of a nation’s political, economic, and social life and, as a result, are called totalitarian.

Americans have the good fortune to live in a nation in which limits are placed

on what governments can do and how they can do it. By one measure, 52 percent of the global population lives in democracies, but only 14 percent enjoy true liberal democracy with free and fair elections, the rule of law, and constraints on the executive (president or prime minister); 38 percent live in more limited democracies.

2

LIMITS ON GOVERNMENT ENCOURAGED FREEDOM

The founding generation of the young United States established many of the principles that would come to define individual liberty for all citizens— freedom of speech, of assembly, and of conscience, as well as freedom from arbitrary search and seizure. Yet the Founders generally did not favor democracy as we know it. They supported property requirements and other restrictions for voting and for holding office so as to limit political

participation to the White middle and upper classes. Once these institutions and the right to engage in politics were established, however, it was difficult to limit them to the economic elite.

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