American Government Black White: in and diversity and democracy Third Edition Paula D. McClain Duke University Steven C. Tauber University of South Florida New York Oxford OxfOrD UNiverSiTY PreSS 00-McClain-FM.indd 1 12/2/16 10:08 AM oxford University Press is a department of the University of oxford. it furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. oxford is a registered trademark of oxford University Press in the UK and certain other countries. Published in the United states of america by oxford University Press 198 madison avenue, new york, ny 10016, United states of america. © 2018, 2016, 2014, by oxford University Press all rights reserved. no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. inquiries concerning reproduction outside the scope of the above should be sent to the rights department, oxford University Press, at the address above. you must not circulate this work in any other form and you must impose this same condition on any acquirer. library of congress cataloging-in-Publication Data names: mcclain, Paula denice, author. | tauber, steven c., author. title: american government in Black and White : diversity and democracy / Paula d. mcclain, duke University, steven c. tauber, University of south Florida. description: third edition. | new york : oxford University Press, [2017] | includes index. identifiers: Lccn 2016042631 (print) | Lccn 2016047624 (ebook) | isBn 9780190298791 (pbk.) | isBn 9780190298807 subjects: LcsH: United states--Politics and government. | minorities--Political activity--United states. | United states--race relations--Political aspects. classification: Lcc JK275 .m333 2017 (print) | Lcc JK275 (ebook) | ddc 320.473--dc23 Lc record available at https://lccn.loc.gov/2016042631 Printing number: 9 8 7 6 5 4 3 2 1 Printed by Lsc communications, inc. 00-McClain-FM.indd 2 12/2/16 10:08 AM To my husband, Paul C. Jacobson, daughters Kristina and Jessica and grandsons, Jackson and Sterling, whose love and support continued to sustain me throughout this long and continuing project. Paula D. McClain Dedicated to my wife Meghan and the memory of her sister Kathleen Hogan (1971–2013) Steven C. Tauber 00-McClain-FM.indd 3 12/2/16 10:08 AM 00-McClain-FM.indd 4 12/2/16 10:08 AM 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 4 Civil Liberties: freedom and Government Authority in Tension 99 5 Civil Rights: inequality and equality 131 6 Congress: representation and Lawmaking 171 7 The Presidency: Conventional Wisdom redefined 205 8 The Bureaucracy: Career Government employees, Accountability, and race 243 9 The Judiciary: Blending Law and Politics 269 10 Public Opinion: Divided by race? 297 11 The Media: reinforcing racial Stereotypes? 331 12 Social Movements: Civil rights as a Movement Model 359 13 Interest Groups: Good Outcomes with few resources 405 14 Political Parties: Linking voters and Governing institutions 437 15 Voting and Elections: from Obama to Clinton 465 16 The Making of Domestic and Foreign Policy 519 appendix i: the declaration of independence 543 appendix ii: the constitution 546 Glossary 566 notes 579 credits 616 index 620 v 00-McClain-FM.indd 5 12/2/16 10:08 AM contents to the student xiii The Road to Revolution 29 Declaring Independence 31 chaPter 1 first Attempt at National Government: The American Government Articles of Confederation 35 and Politics in a Racially A Limited National Government 35 Divided World 1 Weaknesses of the Articles of Confederation 36 The Nature of Government 4 Our Voices: Prince Hall (1748–1807) 37 Second Attempt at National Government: The functions of Government 5 The Constitution 37 The Types of Government 6 The Convention Delegates 38 Principles of Constitutional Forming a New Government 38 Democracies 7 Measuring equality: Whom did the Framers The Rule of Law 8 represent? 39 Natural Law 8 The Great Compromise 41 Natural Rights 9 Debate over Ratification 43 foundations of American Government 9 evaluating equality: the effect of the three-Fifths Classical Liberalism 9 compromise on the Political Power of the south 44 Classical Republicanism 12 The Bill of Rights 45 Tradition of Exclusion (Inegalitarianism) 15 National Government Under the Our Voices: Lemuel Haynes—republicanism Constitution 47 and slavery 17 National Supremacy 47 evaluating equality: thomas Jefferson The Legislative Branch 47 and sally Hemings 19 The Executive Branch 49 exclusion and the founding 20 The Judicial Branch 49 Measuring equality: Who Was eligible to Be Liberalized Amendment Rules 49 included in “We the People”? 22 Planning for Potential Pitfalls 50 conclusion 24 Key terms 24 Separating Powers 50 review Questions 24 additional readings 25 Varying Terms of Office 50 Selecting National Government Officials 52 chaPter 2 Qualifying for National Office 53 The Constitution: Rights and Race Instituting Checks and Balances 53 Intertwined 27 conclusion 54 Key terms 54 A revolution for independence 29 review Questions 54 additional readings 55 vi 00-McClain-FM.indd 6 12/2/16 10:08 AM ConTEnTS vii chaPter 3 Pornography and Offensive Speech 106 Federalism: Balancing Power, Freedom of the Press 108 Balancing Rights 57 freedom of religion 110 federalism and State and Local Establishment of Religion 110 Governments 60 Free Exercise of Religion 111 State Legislatures 62 Criminal Justice 112 Governors 63 Investigation 112 Measuring equality: Black and Latino representation Our Voices: the right to Practice nontraditional in state Legislatures 64 religions (Employment Division v. Smith) 114 State Courts 66 Trial 116 Local Governments 69 evaluating equality: recognizing values in Political cartoons on racial Profiling in Fighting terrorism 117 federalism and the Constitution 70 Punishment 120 The Constitution and National Government Power 72 Privacy 122 Constitutional Amendments and National Power 74 Measuring equality: discrimination, death row The Constitution and State Power 74 Population, and executions in states with the death The evolution of American federalism 75 Penalty 122 Federalism in the Early Republic and Industrialization 75 Personal Autonomy 125 Dual Federalism and the Ascendency of State Reproductive Freedom 126 Autonomy 78 Our Voices: John marshall and the status of indian conclusion 128 Key terms 129 tribes 79 review Questions 129 additional readings 130 Cooperative Federalism and the Growth of the National Government 82 evaluating equality: shelby county (aL) v. Holder and chaPter 5 section 4 of voting rights act 87 Civil Rights: Inequality The Era of Devolution 89 and Equality 131 conclusion 94 Key terms 96 Civil rights Terms and Concepts 134 review Questions 96 additional readings 96 Group Designation 134 Forms of Inequality 136 Segregation 136 chaPter 4 race, ethnicity, and Civil rights 137 Civil Liberties: Freedom Blacks 138 and Government Authority Our Voices: south carolina’s Black codes 141 in Tension 99 Measuring equality: voter registration and the voting rights act of 1965 147 The Bill of rights 103 Latinos 151 Origins of the Bill of Rights 103 evaluating equality: terminology and support for Incorporation of the Bill of Rights 103 illegal immigration reform 156 freedom of expression 105 Asian Americans 158 Political Dissent 105 American Indians 159 00-McClain-FM.indd 7 12/2/16 10:08 AM viii ConTEnTS Nonracial and ethnic Struggles for Civil Measuring equality: the influence of race and Political rights 161 Party on congressional voting 198 Women 162 Interest Groups 200 Lesbians, Gays, Bisexuals, and the Transgendered 164 Staff 201 Elderly and Disabled 167 conclusion 201 Key terms 202 review Questions 202 additional readings 203 conclusion 167 Key terms 169 review Questions 169 additional readings 169 chaPter 7 The Presidency: Conventional chaPter 6 Congress: Representation Wisdom Redefined 205 and Lawmaking 171 Becoming President 208 The Nature of Congressional Diversity 208 representation 174 The Presidential Selection Process 209 The Unrepresented 174 Our Voices: Barack obama’s First inaugural address, January 20, 2009 210 Our Voices: nonvoting delegate eleanor Holmes norton and representation for Washington, dc 176 Financing Presidential Campaigns 212 Districts 177 Measuring equality: scatterplots of obama vote and clinton vote with minority Populations 213 Members of Congress 178 evaluating equality: should the race or ethnicity Presidential Power 216 of a representative matter? 181 Administrative Powers of the President 218 Congressional Organization Foreign Powers of the President 221 and Leadership 182 Domestic Powers of the President 223 Leadership in the House 184 executive Branch Organization 225 Leadership in the Senate 185 The Vice President 226 Committees 186 The President’s Spouse 227 Informal Organizations 189 The Cabinet 228 The Lawmaking Process 190 The Executive Office of the President 231 Activity on the House Floor 191 The White House Staff 233 Action on the Senate Floor 192 Presidents and Congress 234 Reconciling Differences Between House and Senate Negotiating with Congress 234 Bills 193 evaluating equality: racial and ethnic representation Nonlawmaking Functions of Congress 193 in the executive Branch 235 influences on Congressional Presidents and the Public 237 Decision-Making 195 Congressional Investigations of the Executive Branch 239 Constituents 195 conclusion 240 Key terms 241 Party Leaders 197 review Questions 241 additional readings 241 Colleagues 197 00-McClain-FM.indd 8 12/2/16 10:08 AM ConTEnTS ix chaPter 8 Judicial Powers and Limitations 275 The Bureaucracy: Career The Origins and Development of Judicial Review 275 Government Employees, Judicial Review and Constitutional Interpretation 276 Accountability, and Race 243 Judicial Review and Civil Rights 277 evaluating equality: Judicial review, Legal Bureaucratic Organization 246 interpretation, and civil rights 278 Cabinet Departments 246 Limitations on the Courts 278 Independent Regulatory Commissions 249 Judicial Selection 280 Independent Executive Agencies 250 Nominating Judges 281 Our Voices: the U.s. commission on civil rights Confirming Judges 282 and the controversy over Florida and the 2000 election 252 Race and Ethnicity and Judicial Nominations 286 Government Corporations 253 Measuring equality: Presidents’ records of minority Judicial appointments to the Lower Federal The Bureaucrats 253 courts 287 Politics versus Merit 253 Decision-Making on the Supreme Diversity 255 Court 290 evaluating equality: diversity in the Bureaucracy: Decision-Making Procedures 290 the case of the Bureau of indian affairs 256 The Influence of a Judge’s Background on Judicial Bureaucratic Policymaking Decision-Making 291 and Power 257 Attorney Influence on Court Decision-Making 292 Implementation 257 Our Voices: opinions of african american supreme Measuring equality: minority representation in the court Justices 293 Federal civilian Workforce 259 Sources of Bureaucratic Power 261 conclusion 294 Key terms 296 Controlling Bureaucracies 262 review Questions 296 additional readings 296 Executive Control over Bureaucracies 262 Legislative Control over Bureaucracies 264 Judicial Control over Bureaucracies 266 chaPter 10 Public opinion: Divided by conclusion 266 Key terms 268 review Questions 267 additional readings 268 Race? 297 Public Opinion Overview 299 Our Voices: transcript of conversation between attorney General robert F. Kennedy and Governor chaPter 9 ross Barnett of mississippi (sunday, september 20, The Judiciary: Blending Law 1962) 301 and Politics 269 Political Culture and Public Opinion 302 Law and Courts 272 Political Socialization 303 Dimensions of Law 272 expressions of Public Opinion 304 Organization of the Federal Judiciary 273 Measuring Public Opinion 305 00-McClain-FM.indd 9 12/2/16 10:08 AM